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2024-11-21 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers, Thursday, November 21, 2024 This meeting will immediately follow the Board of Equalization meeting which will start at 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of October 17 and Special Meeting Minutes of November 14, 2024 Minutes 7. CITIZENS' COMMENTS 8. AWARDS AND PRESENTATIONS Please call 1(907) 486-3231 or toll free 1(855) 492-9202 Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island 5-12 Page 0 of 299 11 12 13 14 A. Borough Accepting And Appropriating Grant Funds For The 13 - 15 2020/2021 Statewide Salmon Disaster Agenda Item Report - Pdf B. Assembly Review Of The State Of Alaska Alcohol And Marijuana 16 - 53 Control Office Liquor License Transfer Of Location Application From Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) From Current Location Of 211 W Rezanof Drive To 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites Agenda Item Report - Pdf BOROUGH MANAGER'S REPORT A 2024-11-21 Borough Manager's Report 54 - 76 MESSAGES FROM THE BOROUGH MAYOR CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2019-25, Amendment #2, Version 2, 77 - 175 Residential And Commercial Solid Waste Contract With Waste Connections dba Alaska Waste Agenda Item Report - Pdf 2. Contract No. FY2025-29, Architectural And Engineering 176 - 208 Services Contract For Various Capital Improvement Projects With Jensen Yorba Wall, Inc. Agenda Item Report - Pdf 14.13. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2025-10, An Ordinance Of The 209 - 218 Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.070 Ordinances To Require Substantive Information Is Provided At The Time Of Filing For A Reconsideration Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Review Of The Continued Operations Of Certain Liquor 219 - 233 Page 1 of 299 Licenses Or Endorsements During The Second Year Of Their Biennial License Period Agenda Item Report - Pdf 2. Assembly Review Of The State Of Alaska Alcohol And 234 - 247 Marijuana Control Office, Beverage Dispensary License Renewal Application For Blue, Inc., Doing Business As B&B Bar (License #85) Agenda Item Report - Pdf 3. Mayoral Appointments Of Assembly Member 248 - 254 Representatives To Different Boards And Committees Agenda Item Report - Pdf 4. Confirmation Of Mayoral Appointment Of Ms. Judith 255 - 258 Phillips To The Solid Waste Advisory Board Agenda Item Report - Pdf 5. Approval Of Kodiak Island Borough Representation For 259 - 270 The Borough Director Seat And The National Association Of Counties (NACo) Seat On The Alaska Municipal League Board Of Directors Agenda Item Report - Pdf 6. Authorization To Cancel The January 2, 2025, Regular 271 - 273 Meeting Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 18. INFORMATIONAL MATERIALS A. Fire Protection Area No. 1 Service Area Board Regular Meeting 274 - 285 Minutes of July 23, 2024, Womens Bay Service Area Board Regular Meeting Minutes of September 3 and October 1, 2024, and Planning and Zoning Commission Minutes of September 18, 2024 Minutes Binder B. November 21, 2024, Records Disposal Report 286 - 292 C. Meeting Materials 293 - 299 Page 2 of 299 This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 3 of 299 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting October 17, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on October 17, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Assessing Director Seema Garoutte, Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION Cadet Joe Duran of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Jared Griffin, Ryan Sharratt, Scott Smiley, and Bo Whiteside. SMILEY moved to excuse Assembly member Ames who was absent due to personal leave and Assembly member LeDoux who was absent due to medical reasons. ROLL CALL VOTE ON THE MOTION FAILED TWO TO TWO: Griffin and Whiteside (NOES); Smiley and Sharratt (AYES). 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Special Meeting Minutes Of September 26, 2024, And Regular Meeting Minutes Of October 3, 2024 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Brenda Finley • Coral Chernoff • Shawn Dochtermann Kodiak Island Borough October 17, 2024 Assembly Regular Meeting Minutes Page 1 of 5 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 5 of 298 AGENDA ITEM #6.A. 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt encouraged the community to go out and vote during the absentee in - person voting or to cast their votes in the general election on November 5. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Contract No. FY2019-25B, Amendment #2, With Waste Connections Of Alaska, Inc. DBA Alaska Waste For Residential And Commercial Solid Waste Collection And Recycling Services The motion on the floor was "move to authorize the Borough Manager to execute Contract No. FY2019-25B, Amendment #2, With Waste Connections Of Alaska, Inc. DBA Alaska Waste For Residential And Commercial Solid Waste Collection And Recycling Services". SMILEY moved to postpone indefinitely Contract No. FY2019-25B, Amendment #2, With Waste Connections Of Alaska, Inc. DBA Alaska Waste For Residential And Commercial Solid Waste Collection And Recycling Services. ROLL CALL VOTE ON THE MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, and Griffin. B. Ordinance No. FY2025-03, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal To Clarify Language And Requirements For Solid Waste Services The motion on the floor was "move to adopt Ordinance No. FY2025-03, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal To Clarify Language And Requirements For Solid Waste Services". SMILEY moved to postpone indefinitely Ordinance No. FY2025-03, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal To Clarify Language And Requirements For Solid Waste Services. Kodiak Island Borough October 17, 2024 Assembly Regular Meeting Minutes Page 2 of 5 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 6 of 298 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY: Smiley, Whiteside, Griffin, and Sharratt. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1 Contract No. FY2019-22B, Amendment No. 2 To Contract No. FY2019-22 For Professional Legal Services With Keene & Currall, P.P.C. SMILEY moved to authorize the Borough Manager to execute Amendment No. 2 to Contract No. FY2019-22B for Professional Legal Services with Keene & Currall, P.P.C. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Griffin, Sharratt, and Smiley. 14.13. RESOLUTIONS 1. Resolution No. FY2025-09, Ratifying And Certifying The Results Of The October 1, 2024, Regular Municipal Election SMILEY moved to adopt Resolution No. FY2025-09. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Sharratt, Smiley, and Whiteside. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accepting And Appropriating Grant Funds For The 2020/2021 Statewide Salmon Disaster SMILEY moved to advance Ordinance No. FY2025-08 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, and Griffin. 14.D. OTHER ITEMS 1. Administration Of Oath Of Office To Newly Elected Officials Borough Clerk Nova M. Javier administered the Oath of Office to newly elected Assembly member Scott Smiley. 2. Presentation To Outgoing Assembly Member James Turner Kodiak Island Borough October 17, 2024 Assembly Regular Meeting Minutes Page 3 of 5 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 7 of 298 AGENDA ITEM #6.A. Mayor Scott Arndt and The Kodiak Island Borough recognized Assembly member Turner and thanked him for his service. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Coral Chernoff • Brenda Finley 16. ASSEMBLY MEMBERS' COMMENTS Assembly member Griffin, drawing inspiration from the Parable of the Good Samaritan, expressed his thoughts on fostering neighborliness amid the heightened tensions of the Presidential election. Assembly Member Whiteside announced the upcoming Kodiak Island Borough and City of Kodiak Joint Kodiak Fisheries Workgroup meeting on Wednesday, October 23, at noon in the City Conference room. He emphasized the importance of community input when making their decisions on how to allocate resources to effectively support the fishing industry. Assembly Member Smiley expressed his gratitude to everyone who voted for him, emphasizing his commitment to serving the best interests of the entire community. He recognized the staff for providing the necessary information that helps the Assembly in making informed decisions, as well as everyone who comes and speak during citizen comments. Additionally, he thanked the Assembly for their ongoing support throughout the years and shared his intention to step down from the Deputy Presiding Officer position. Assembly Member Sharratt admired Assembly member Griffin's deep comments and echoed Assembly member Smiley's remarks. He emphasized the importance of citizen's feedback, noting that it helps them understand different perspectives. He also complimented the Borough Manager Aimee Williams for her professional execution of her duties. He highlighted the importance of asking tough questions and seeking clarification when the community raises concerns, or questions related to contracts, committees, and service districts, as these issues are under the Assembly's responsibility. He pointed out that he chooses to be neighborly to those who might not speak up as much. He thanked the Assembly members for their efforts and during these challenging times in the United States, he urged everyone to foster a spirit of neighborliness. 17. EXECUTIVE SESSION A. Discussion Of Potential/Pending Litigation On KANA Marketplace Property Tax SMILEY moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Griffin, and Sharratt. Kodiak Island Borough October 17, 2024 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 8 of 298 AGENDA ITEM #6.A. SMILEY moved to invite the Mayor, Assembly, Manager, Assessor, and Clerk into executive session. After the vote, Mayor Arndt recessed the regular meeting at 7:41 p.m. and convened the executive session at 7:42 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 8:07 p.m. and announced that direction was given to the Borough Manager on how to proceed. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 8:08 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough October 17, 2024 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 9 of 298 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Special Meeting November 14, 2024 A special meeting of the Kodiak Island Borough Assembly was held on November 14, 2024, in the Assembly Chambers. The meeting was called to order at 8:55 p.m. Staff present were Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Jared Griffin, Dave Johnson, Ryan Sharratt, Scott Smiley, and Bo Whiteside. Sharratt moved to excuse Assembly Member LeDoux who was absent due to medical leave. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Johnson, Sharratt, Smiley, and Whiteside (AYES); Griffin (NO). CITIZENS COMMENTS The following spoke under citizen's comments: • Bernadette Deplazez • Andrew Finke CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. Election Of The 2024-2025 Borough Assembly Deputy Presiding Officer WHITESIDE moved to nominate Assembly Member Jared Griffin as Deputy Presiding Officer. JOHNSON moved to nominate Assembly Member Ryan Sharratt as Deputy Presiding officer. The Clerk distributed ballots for the Assembly members to cast their votes. Assembly member Griffin received the majority votes and was nominated as Deputy Presiding Officer. B. 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 GRIFFIN moved to adopt Resolution No. FY2025-10. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, Sharratt, Smiley, Whiteside, and Griffin. Kodiak Island Borough November 14, 2024 Assembly Special Meeting Minutes Page 1 of 3 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 10 of 298 AGENDA ITEM #6.A. C. 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 GRIFFIN moved to adopt Resolution No. FY2025-11. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, Griffin, and Johnson. D. Rescinding The Approval Of Contract No. FY2024-38 With Otis Elevator Company For Elevator Maintenance Services GRIFFIN moved 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. JOHNSON moved to postpone rescinding the approval of Contract No. FY2024-38 with Otis Elevator Company for elevator maintenance services to the next regular meeting of the Assembly on November 21, 2024. JOHNSON moved to amend the motion to postpone rescinding the approval of Contract No. FY2024-38 with Otis Elevator Company for elevator maintenance services to the next regular meeting of the Assembly on November 21, 2024, to December 19, 2024. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY: Whiteside, Griffin, Johnson, Sharratt, and Smiley. ROLL CALL VOTE ON THE POSTPONEMENT AS AMENDED CARRIED UNANIMOUSLY: Smiley, Whiteside, Griffin, Johnson, and Sharratt. E. Declaring A Seat Vacant On The Solid Waste Advisory Board (Ms. Kerry Irons) GRIFFIN moved 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). ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Johnson, Sharratt, Smiley, And Whiteside. F. Confirmation Of Mayoral Appointments Of Ms. Leanna Harrington and Ms. Kimberly Olson To The Solid Waste Advisory Board GRIFFIN moved 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. Kodiak Island Borough November 14, 2024 Assembly Special Meeting Minutes Page 2 of 3 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 11 of 298 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Sharratt, Smiley, Whiteside, and Griffin (AYES); Johnson (NO). G. Confirmation Of Assembly Appointment To The Bayview Service Area Board Of Mr. Sean Rauwolf GRIFFIN moved to confirm the Assembly appointment of Mr. Sean Rauwolf to the Bayview Service Area Board for a term to expire in October 2027. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Whiteside, Griffin, and Johnson. ADJOURNMENT SMILEY moved to adjourn the meeting at 9:36 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough November 14, 2024 ATTEST: Nova M. Javier, Borough Clerk Assembly Special Meeting Minutes Page 3 of 3 Regular Meeting Minutes Of October 17 and Special Meeting Minutes of Nov... Page 12 of 298 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accepting And Appropriating Grant Funds For The 2020/2021 Statewide Salmon Disaster ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Ordinance No. FY2025-08. DISCUSSION: The U.S. Secretary of Commerce declared a statewide salmon disaster for the 2020/2021 fishery disaster that affected all species of salmon in certain areas of Alaska. Consequently, disaster funds were allocated to address losses to the affected salmon management areas. The Kodiak Island Borough has been notified of eligibility to receive $25,255 to compensate for lost income due to the effects of the fishery disaster that year. This ordinance is in accordance with Kodiak Island Borough Code 3.25.040.0 which requires that "grant funds which are unlimited as to use, or subject only to general limitations, be appropriated by ordinance and include an appropriate budget amendment." ALTERNATIVES: Amend the motion. Fail to advance the ordinance to public hearing. FISCAL IMPACT: An increase of $25,255 in the general fund OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accep... Page 13 of 298 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-08 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING AND APPROPRIATING GRANT FUNDS FOR THE 2020/2021 STATEWIDE SALMON DISASTER WHEREAS, on January 22, 2022, the U.S. Secretary of Commerce made a disaster determination for the 2020 Norton Sound, Yukon River, Chignik, Kuskokwim River and Southeast Alaska Salmon Fisheries and the 2021 Yukon River Salmon Fisheries under the Magnuson - Stevens Fishery Conservation and Management Act in response to requests by Governor Dunleavy on March 8, 2021, and September 14, 2021; and WHEREAS, NOAA Fisheries allocated $55,928,849 million to address losses to the affected management areas in response to the disaster determination; and WHEREAS, the Alaska Department of Fish and Game (ADF&G) works with affected stakeholders and NOAA Fisheries to identify funding priorities and develop spend plans for each fishery disaster. ADF&G drafted a spend plan to disperse the allocation of the 2020/21 Statewide Salmon Disaster funds and sent the final spend plan to Pacific States Marine Fisheries Commission (PSMFC) for administration; and WHEREAS, the PSMFC has provided notification that the Kodiak Island Borough is eligible to receive a one-time payment of twenty-five thousand, two hundred fifty-five dollars ($25,255) to compensate for the borough's lost income due to the fishery disaster; and WHEREAS, Kodiak Island Borough Code 3.25.040.0 requires that grant funds which are unlimited as to use, or subject only to general limitations, be appropriated by ordinance and include an appropriate budget amendment. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The Kodiak Island Borough accepts the funds granted from the 2020/2021 statewide salmon disaster through the Pacific States Marine Fisheries Commission. Section 3: The Capital Projects Fund shall be amended to account for the $25,255 one-time payment of 2020/21 Statewide Salmon Disaster funds. Effective Date: This ordinance takes effect upon adoption. Ordinance No. FY2025-08 Page 1 of 2 Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accep... Page 14 of 298 AGENDA ITEM #10.A. 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF , 2024 47 48 KODIAK ISLAND BOROUGH 49 50 ATTEST: 51 52 Scott Arndt, Borough Mayor 53 Nova M. Javier, MMC, Borough Clerk 54 55 Introduced by: Manager 56 First reading: 10/17/2024 57 Second reading/public hearing: 58 59 VOTES: 60 Ayes: 61 Noes: 62 63 64 Ordinance No. FY2025-08 Page 2 of 2 Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accep... Page 15 of 298 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Location Application From Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) From Current Location Of 211 W Rezanof Drive To 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office liquor license transfer of location application from Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) FROM Current Location Of 211 W Rezanof Drive TO 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites. DISCUSSION: Island Hotels, LLC, operating as the Kodiak Harbor Convention Center, is to transfer its liquor license (License No. 3480) from its existing location at 211 W Rezanof Drive to a new site at 203 Alder Lane. At this new address, the establishment will operate as the Kodiak Compass Suites. This application was received by the Clerk's Office on October 7, 2024, and pertains to a regular transfer of location for liquor license No. 3480, which currently serves as a beverage dispensary at 211 W Rezanof Drive. The Clerk's Office has carefully followed the procedures outlined in KIBC 5.01.030, which includes notifying 150 property owners within a 1,500-foot radius of the new location about the public hearing. The Assessing Department has noted that as of November 1, 2024, the construction of the proposed location is at 30%. Nevertheless, the Assessor expressed no objection to the transfer and her response is included in your packet. The Clerk's Office has determined that there are no Borough interests that justify a protest against this transfer. Under AS O4.11.480, a local governing body has the authority to challenge an application by submitting a clear and concise written statement of reasons to both the director and the applicant within 60 days of receiving this notice. To protest the application, responses must be sent to the Alcoholic Beverage Control (ABC) Board within 60 days of receipt. The deadline for the Kodiak Island Borough to respond to the ABC Board is December 6, 2024. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 5.01.030 New license and transfer orocedurewhich states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 16 of 298 AGENDA ITEM #1O.B. V,. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 17 of 298 AGENDA ITEM #10.B. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY October 7, 2024 City of Kodiak VIA Email: clerks@city.kodiak.ak.us Kodiak Island Borough VIA Email: Icruz@kodiakak.us; clerks@kodiakak.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary License Number: 3480 Licensee: Island Hotels, LLC Doing Business As: Kodiak Compass Suites Premises Address 203 Alder Lane, Kodiak, AK 99615 ❑ New Application ❑ Transfer of Ownership Application ® Transfer of Location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Anna White, Licensing Examiner II For Lizzie Kubitz, Acting Director amco.localgovernmentonly@alaska.gov Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 18 of 298 AGENDA ITEM #10.B. Aleohol and Manivara Control Otfice 550 W 7`h Avenue, Suite 1600 oAii�toN e Anchorage, AK 99501 !_ ylcohol.licensina@alaska.eov httos://www.,omriierce.afaska-goviwet(amcc, Phone:907.269.0350 „.,��'_ �, ' Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Why is this form needed? This transfer license application form is required for ail individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11,290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's Anchorage office, along with all other required forms and documents, before any license application will be considered complete. Section 1 - Transferor Information Enter information for the current licensee and licensed establishment. Licensee: Island Hotels, LLC License #: 3480 License Type: Beverage Dispensary Statutory Reference: Doing Business As: Kodiak Harbor Convention Center Premises Address: 211 W Rezanof Drive City: Kodiak State: I AK ZIP: 99615 Local Governing Body: Kodiak, Kodiak Island Borough Transfer Type: We Regular transfer ❑ Transfer with security interest ❑ Involuntary retransfer OFFICE USE ONLY complete Dote. Transaction 1 -7 3'2St3 Board Meeting Date: License Years: Issue Date: Examiner: [Form AB-01] (rev 2/24/2022) AMCO Received 3/15/24 Page 1 of 7 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 19 of 298 AGENDA ITEM #10.B. tir�ai.tigw Alcohol and Marijuana Control Office �P� eqy 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 glcohol.hcensing(a)alaska pov 1 t II fpsi//www.commerce.alaska.eovlweb/amco Alaska Alcoholic Beverage Control Board Phone: 907.269.0350 \. Form AB-01: Transfer License Application Section 2 - Transferee Information FntPr infnrmafir,n fnr fk...s... .. i:,...... Licensee: Island Hotels, LLC Doing Business As: Kodiak Compass Suites Premises Address: 203 Alder Lane City: Kodiak state: AK ziP: 99615 Community Council: Kodiak Island Borough Mailingaddress: 236 W Rezanof Drive City: Kodiak State: AK zlP: 99615 Designated Licensee: Susan Johnson Contact Phone: 907-539-6217 cell Business Phone: 907-486-5712 Contact Email: info@kodiakinn.com Yes No Seasonal License? 0 W1 If "Yes", write your six-month operating period: Section 3 - Premises Information premilah to fto Ile@ni®d lAi Pe ..existing fecillty a new building u a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in your answer. 0.7 miles to Kodiak High School What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the Public entrance of the nearest church building? Include the unit of measurement in our answer. 0.25 miles to Abba Father's Christian Fellowship [Form AB-01] (rev 2/24/2022) Page 2 of 7 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 20 of 298 AGENDA ITEM #10.B. 6vrnuv,My Alcohol and Marijuana Control Office �eqy 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 r alcohol.hcensine aalaska ov httOs4/www.commerce.alaska.gov/web/amco 7 _ Phone:907.269-0350 • Alaska Alcoholic Beverage Control Board "",rol'ALASO' Form AB-01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: applicant affiliate Name: Address: City: State: ZIP: This individual is an: applicant affiliate Name: Address: City: State: ZIP: Section 5 - Entity Ownership Information This section must be completed by any entity, including a corporation, limited liability company (U.Q partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretory, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. Entity official: Susan Johnson Title(s): President Phone: 907-539-6217 owned: 51 Address: 1710 Larch St City: Kodiak state: AK zIP: 99615 [Form AB-01] (rev 2/24/2022) Page 3 of 7 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 21 of 298 AGENDA ITEM #10.B. Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensin¢CeDalaska eov ht s• /www commorro alaska eov/w hi mco Phone: 907.269.0350 Form AB-01: Transfer License Application Entity Official: Daniel Gilbert Title(s): Vice President Phone: 907-539-5905 %owned: 49 Address: 1710 Larch St City: Kodiak Istate: JAK IZIP: 199615 Entity Official: Title(s): Phone: %Owned: Address: City: State: ZIP: Entity Official: Title(s): Phone: °i6 Owned: Address: City: State: ZIP: This subsection must be completed by any applicant that is a corporation or LLC. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity #: 10025175 Alc Formed Date: 12/2/2014 Home State: AK Registered Agent: Susan Johnson Agent's Phone: 907-539-6217 Agent's MailingAddress: 236 W Rezanof Drive City: Kodiak State: AK ZIP: 99615 Residency of Agent: Is your corporation or LLC's registered agent an individual resident of the state of Alaska? Yes No [Form AB-011 (rev 2/24/2022) Page 4 of 7 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 22 of 298 AGENDA ITEM #10.B. Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office SSO W 7`h Avenue, Suite 1600 Anchorage, AK 99501 iij ohol.licensing(raalawa oov hltos:l/www.commerce.alag@,ggv/-web/amco Phone: 907.269-0350 Form AB-01: Transfer License Application Section 6 - Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any direct or indirect ❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which license number(s) and license type(s): Susan Johnson, Chart Room Restaurant & Lounge, Beverage Dispensary Tourism, #600 Daniel Gilbert, Chart Room Restaurant & Lounge, Beverage Dispensary Tourism, #600 Section 7 - Authorization Communication with AMCO staff: Yes No Does any person other than a licensee named in this application have authority to discuss this license with a ❑ AMCO staff? If "Vac" Ai—l— K.e .. ..c.�.. Lucille Johnson, bookkeeper [Form A"11 (rev 2/24/2022) Page 5 of 7 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 23 of 298 AGENDA ITEM #10.B. Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensinafcaalaska n� httos://www.commerce.alaska.gov/web/am o Phone: 907.269.0350 Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies ofthis page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor orthe controlling interest of the currently licensed entity) have examined this application, approve ofthe transfer of this license, and find the information on this application to be true, correct, and complete. 7 Signature oftransferor ' Susan Johnson Printed name of transferor sl- Subscribed and sworn to before me this_ SA day of 20-z-q--. \Q 11�1;II.0ZIsi��i P U , Signature of Notary Public NOTARY': pUBL1C.--`*fg * 114. i'ub{i .0-nd for the State of 0ull��\\� \\\\ My commission expires: Zipz f.-fa , F—. . Signature of transfero Susan Johnson Printed name of transferor S} Subscribed and sworn to before me this day of 20 �4. vokluuu�d�iiiii,,. Signature of Notary Public NOTAPU RY ayX PL WCirr'ti*rr the State of t 0 F� t My commission expires: f [Form AB-011(rev 2/24/2022) Page 6 of 7 AMCO Received 3/15124 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 24 of 298 AGENDA ITEM #10.B. ap4A �,� Alcohol and Marijuana Control Office C0 550 W 711 Avenue, Suite 1600 r Anchorage, AK 99501 AMCOalcohol.licensinelaalaska.eov https:/Iwww.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board cot+�reiio& Form AB-01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. Signature of trans Tonie( KCAIIbfrF Printed name of transferor Subscribed and sworn to before me this 2-1—day ofe it,(A /Vlbe-v- 20214. HAILEY:AW:ARDNotary PublichoCommission Nu95My Commission E202B Signature of transferor Printed name of transferor [Form AB-01] (rev 7/16/2024) Signature of Notary Public Notary Public in and for the State of T7'jc'. ,C) My commission expires: f - Jf t � ZS,Z0Z8 % Subscribed and sworn to before me this day of Notary Public in and for the State of 20 Signature of Notary Public My commission expires: AMCO Received 10/2/2024 Page 6 of 7 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 25 of 298 AGENDA ITEM #10.B. Alaska Alcoholic Beverage Control Board Alcohol and Marijuana Control Office S50 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohollicensing@alaska nv httos;//www commerce alaw / h/ m o Phone: 907.269.0350 Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. 91 I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. W] I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein,and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for W1 denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. r / I )) 3� Signature of transferee Susan Johnson Printed name NOTARY . PUBLIC cewllk . of Notary Public \\Wd for the State of My commission expires: Subscribed and sworn to before me this day of --Sa VV 2041� [Form A13-01] (rev 2/24/2022) Page 7 of 7 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 26 of 298 AGENDA ITEM #10.B. Alcohol and Marijuana Control Office O� 'Z 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 AM0alcohol.licensing@alaska.gov httos://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 c�t'rfti o�c� Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. F061 I certify that all proposed licensees have been listed with the Division of Corporations. F)7-� I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. El I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or Fi7oN serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 305.700. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. WA I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all the information contained herein, and evidence or F 1 other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. I certify that I and any individual identified in the business entity ownership section of this application, has, or will read AS 04 and its implementing regulations. j- t Signature of transf eel/ I _ Yee' I � Signature of NotryyPublic DQ n i d K , 61 Notary Public in and for the State of ho Printed name y� My commission expires: Apci 25 , 2oZ S HAILEY A WARD - Notary Public - State of Idaho Subscribed and sworn to before me this 2-1 da of �C C� W� Ll�✓ 20�. Commission Number 20221795 day of Commission Expires Apr 25, 2028 [Form AB-011(rev 71161202.41 Page 7 of 7 AMCO Received 10/2/2024 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 27 of 298 AGENDA ITEM #10.B. AMCO ^o C° Alaska Alcoholic Beverage Control Board Form AB-02: Premises Diagram Why is this form needed? Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensi ngPa laska.aov http<-/Iwww rnmmorra alaska aoy/web/amco Phone: 907.269.0350 A detailed diagram of the proposed licensed premises is required for all alcohol license applications, per AS O4.11.260, 3 AAC 305.630 and 3 AAC 305.660. Your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. This form must be completed and submitted to AMCO's Anchorage office before any license application will be considered complete. You may attach blueprints or other detailed drawings that meet the requirements of this form. The diagram MUST include: • You must use a soled, contiguous red line to outline the outer perimeter of your premises with no breaks or separations. o The red outline is required to follow a physical barrier (wall, fence and even across doorways). o There should be no red lines within the perimeter • Each area should be clearly labeled in any color other than red where alcohol is: o Stored o Served/Sold o Manufactured c Consumed • All diagrams must include: o Dimensions (AMCO does not accept diagrams drawn to scale) o Cross streets o Points of reference, such as a compass rose indicating True North o All entrances, exits, walls, bars, and fixtures • If your premises include multiple floors, please include a separate diagram of each floor. o You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your premises includes multiple floors, please include a separate diagram of each floor. You must identify the stairs between each floor, and each hallway/corridor that leads to each set of stairs. • If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. • Any license applications that include outdoor space are required to submit a security plan that includes information about the barriers, practices, and personnel that are to be used to ensure that alcohol is not introduced or removed from the permitted premises and to prevent the access of alcohol by a minor during the permitted event. A security plan may be requested for other proposed locations on a case -by -case basis. Section 1 — Establishment Information Enter information forthe business seekingto be licensed, as identified on the license application. Licensee: Island Hotels, LLC License Number: 3480 License Type: Beverage Dispensary Doing Business As: Kodiak Compass Suites Premises Address: 203 Alder Lane city: Kodiak State: AK ZIP: 99615 rev 12/12/2023 AMCO Received 3/15/24 Page 1 of 2 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 28 of 298 AGENDA ITEM #10.B. Alcohol and Marijuana Control office 550 W T1 Avenue, Suite 1600 Anchorage, AK 9950I alcohol. I eov httPs.�lZwww,comm grCp,alaska.goy/web/amcc) Dk - Alaska Alcoholic Beverage Control Board one: --0350 Form AB-02: Premises Diagram Section 2 - Detailed Premises Diagram Clearly indicate the boundanes of the premises and the proposed licensed area within that property. See above for detailed instructions. x V, x Y- X 7'!" '"e55 "J CAA, 72 rev 12/12/2023 Page 2of2 AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 29 of 298 l AL01 P• LOT 21 •:^'� `Y-- wo MAINLEVEL100'-0•=58'•O•(SITEDATULI) y H (SEE CIVIL DRAWINGS) M LOT 22 /•/` � � — / LOT 5 ✓. �,/ LT LOT v c) W 0 O 41 clo OD NO 0 P. LOT 2 r - ' C rf - SHEETNOTE5 1Ft•+"", �' -`f +sue lO LINE OF ROOF(AROVE) O LINE DFBUILDING(BELOW) O PROPOSED LOT 2(COMBINATION OF EXISTING LOTS 2A. 28, 2C) O^ BOLLARDS(S- DIA) STGI W/COVER p V CONCRETE RETAINING BLOCK B'x 2'x 2' LIMESTONE PATTERNLSEE CIVIL DRAWINGSI O DUI -"CELECT' SIDING ON PIT WOOD u FRAME W/ DRIVEN STEEL POST O ENTRY LL{uuu O FUEL TANK (200 GAL PROPOSED) GABK)N WALL f = �) E==s'xD•xJ• � '; (UNDER PAVING WI STOP OR ROLLARD) N ;, O HEATED CONIC. SLAB (SEF. MECH) 1 © LOADING BERTH (10'x SO') ® ^�_ O MDPIPROPOSED) © PEDESTAL SIGN ® •'Z O ADD 4• HIGH CONTINUOUS EVERGREEN " SHRUB FOR SCREENING FROM RESIDENTIAL PER KIBC 17.175 UBO D O UTILITY AND DRIVEWAY EASEMENT W Q PER PLAT 2008.5 TO SCALE (EASEMENT AS PER PLAT 200E-51 f5 C C/) cC l0k 4'HIGH SOLID OR NATO IRM. FARRIER AS SCREENING (n BETWEEN RESIDENTIAL ZOWKI. HO1LI. KIBC It i/i 050 (1 1YPPCAL • ICOMFEROUS SHI1UWl REE 4'HIGH It,!INI Q CL MUubER OF OFF-bTpEET PA KWCbP by C PEA Ktl1[ 17.1ib c) O — DPIEV+1 f SPACE PPR GUEST ROOM AND CWFII M:G DILIF 100KAUOE 214ANDICAPPED ACCESStB1 F SPACES LONG Y MUST BE VAN AL•CESSIBLEI AND A 10.. JV LOADIUG SPACE. \ SPMTS AND MFNWEpWG ApEA MUST BE ON SAME LOT Q MAHUYERING�AREA ON AWTHEM K1NBC 17.t75050-joTfS,tr 17 .75 MO.G r 1 'P+Z APPROVED SCREENING REWIRED PER KIBC I (So. so C (REQUIRES SCREENING REVIEW AT REGULAR P.Z MEETING r; aSite ` L 20'-0" / REFERENCE PLAT - PLAT 200B-5 A1.2 SUBDIVISION CASE NO. 507d02 — • 28 FEBRU/+Rv 2017 ' PEgMl7 RESPONSE SET /1 STAN�ARO MOUNTING HEIGHTS SHEET NOTES (D BALCONY W/ 12- x 12'CONC. PAVERS (D LINE OF BUILDING(ABOVE) Q LINE OF BUIJ DING (Be[ OW) O MECHANICAL CHASE O — 318- CAME GUARD RAIL-44-AFF (AT 3112. 0 C HORIZONTAL) VENDING KESQDAj CARTSTORAGE WS WINDOW SEAT—e, .2. — WALLTYPES SEE SHEET A2.0 FOR WALL TYPE ASSEMBLIES M� CELLULOSE INSULATION . — BY 2017 • PERMIT RESPONSE SET - W N O 41 OD iilm ri •�1 R -Ell L - . . -4. h STANDARDMOUNTING1111— r •.c..qi so v. my uiwnh'w...��uu,,.0 ur...w� v.tw.w..n .._ --- 1/8" = V-0" R-1- 9462 SF MECH= 282 SF TOTAL= 9744 SF BD ENTRY (SEE AIA) 1 SHEET NOTES O� / CONIC SLAB ON GRADE V BFAMABOVE Q3 LINE OF BUILDING (ABOVE) 4O CRAWI SPACE ACCESS]S'.4a' WILADDFR U SI98/8'CABLE GUARDRAIL .<d' AFF (AT ] lh' O C HORIZONTAL) © VENDING(ICF/SODA) 0 WINDOW(STORE FRONT ASSEN FIP FIRE. PLACE (SEE THRU)(GAS) DIF DRINKING FOUNTAIN IC) CART STORAGE (2'x5') CART (GS) GRIP STRUT TREAD ILI LUGGAGE STORAGE (P) PRINTER (R) ROCK (FULL HEIGHT) IT) TEMPERED OWING ALL TYPES -E SHEET A2.0 FOR WALL TYPE 3SEMBLIES CELLULOSE INSULATION 28 FEBRUARY 2017 ' PERMIT RESPONSE SEl A2.2 _�_ "I fI- (>SIANDARD MOUNTING HEIGHTS 53 4- c A, WALL CIS v -A - r SHEET NOTES' G) SLAB ON GRADE 2 EXIT(EMERGENCY) 000NCRETE RETAINING WALL (SEE STRUCT I 0 4 CRAWLSPACE ACCESS(ABOVE) CIS ACCESS "RU WALL) 32'W Z 46'H 06 VENDING (ICE ; SODA / SNACKS) (D 24- . 36- CRAWLSPACE ACCES (ro BELOW IAI ALIGN ICIS) CRAWLSPACE (H) HANDRAIL + 36- (2- DIA. STEEL -ROUND) I AIDI IR RAMP TEMPERED F = WALK IN FREEZER (D 12 1, j oi JIL--r RI) 4L IRI It) IN) rvP. Boni m::U SIDES X4NT I IR (:D�QWER LEVEL 118" = V-01, R-1 5383 8F ACE. = 2042 SF TOTAL z 7425 SF HE IIBD!CAYED SCALE- WALL TYPE IV SEE SHEETA2.0 FOR WALL TYPE ASSEMBLIii ES CIELLULOSE INSULATION U) C/) g U C) 4w FEBRUARY 1017 • PERMIT RESPONSE SEI FA2.1 10 •7: ol A SHEET NOTES ✓ (.TffllNscyLo." OA FIRE SPRINKLER 'RISER' CLOSET C.VR E r "RAG OH MECHANICAL TABLE '1714 CART 0 I `I`010t 20 0'- 20 SHELVES HEATER ABOVE (ELEC.Y.ALT ) 2U5D IT) FROSTED LLi LOWER LEVEL ENLARGED 'UPPER BOTTLE @ DRINKING FOUNTAIN WI (4 -4N- -EVEL ENLARGED FILLER 1/4" T-0.1 1/4" = 1 1-0.. VENDING(K-,FISUNDRY SUPPLIES) ,E MOP SINK (2'-6-. 2'-G-) 2'-6-x 2'-6- UTILITY stw SOAP DISPENSER II s I IGUE-01 Fz VI INTERIOR WINDOW (ONE WAYp ol EMP) (I . 0,0 BABY CHANGING STATION HID HAND DRYER Q) — UD SND SANITARY NAPKIN DISPOSAL >1 F td-1 (POS) POINT OF SALE V) (PI PRINTER Lu Q) IV TV TV -47 t ==�� (T) TEMPERED \ 1 1 4 A UL fi� 0 PLAN -LOWER LEVEL ENLARGED 2 TV TELEVISION (FLAT SCREEN) (L) LOCKFRSSTACKSD 1/4" is EHTf (S) IV'- IS -HAND SINK < R T EFri —INE. TIP TOILET PAPER VW NOTE' UNI-MACINASHER U 35' .37- , OW L 1lJSC Ll WEED QUEEN DRYER 3II112'� 401,V051/2" - Aa-w < 0 ryPLAN -MAIN LEVEL ENLARGED Ce L A4.1 28 FEBRUARY 2017 • PERMIT RESPONSE SE I AGENDA ITEM #10.B. �e)A0Va. -r �- ne ss AMCO Received 3/15/24 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 35 of 298 (O O W CSA O 41 IV C.9 OD Glass Type: RNC — 1EJ66 TEMP LAM / LE IB9 TEM N/A wu: LE366 TEMP / LE Ip9 TEMP NgNGdRN• LE369 TEMP / It 199 TEMP LRR 0dA1e: 1E366 TEMP LE IB9 TEMP Frame: TFPR: W000 BRONZE Notes: 1. DIMENSION SHOWN ME TO OUTSIDE OF FINISHED 9UNROOM. UNLESS OTHERW ISE SHOWN ]. CGNV. FMAIING AND IAATEPIgLS NOT INCLUDFll. ].FINISH TRIMS NOT INCLUDED 4. OVER MEAp GLAZING NOT TO E%CEE016 xq. R. PER PANE OF GIA45 5 ALLALUMINUM MEMBER M105-IS oPEUINc wwoows AAE ANNEALED UNLESS WITH IN 1d' OF DOOR DR LESS THEN 1B"FROM FINISH FLOOR i ALL MATFRML sNALL DE STORED NJ DRY ENVMONMENi. S. ALL W000 SHAH BE PRE.FINIXSED WDH STAIN AND AT LEAST Ii7 TWO COATS OF TOP FINISH IMMEDIATELY UPONARRNAL, B. HUMIDITY CONTROL SYSTENI REQUIRED FOR POOUSPq ENC105URE. BVOTHERs) D.OLOBAL SOLARIUMS RESERVES THE RIGHT TO MARE MINOR NON-SIRUOTURgL GRANGES iO pfslrwu,Your puRlrvc THE PRODUCTION PROCESS. eASIc WIND SPEED - IeE IDvn. WIND EXPOSURE = D ROOF SNOYI LOAD • n0 psi —IN D—�-3 iBAB naw. nw Br. smTe pA VNICpNFA WA pYq FAX ryWS LIB U0100 E-MNL:INFO�G_OBALSOLARIUMS C01.1 WEB: WM1W,GLOBALSOURIUMS.COM co RM SEATTLE PATIO COVERS, INC. S ITE 10\YAY ]OUlll M (� PERF.RAL IVAT', N'A BWpI D-2 a D-2 arP1cE:lxeM wroaDOD r �I(D KODIAK COMPASS SUITES c+) 29'-11 611 236 REZANOF DR. KODLAKI AK R� M D-3 D—T �1 O .. P,.• TN . . 33 385 385 385 385 385 385 5 5 7� MIKEJ.NELSON,� 13 I _ 16 8 8 _ 38- 38- 16 8 8 8 8 g 8 ��NaTOTDB 8 I fyooita'tesv'�! 9-Z7 23 XX-)OCR 2-16-23 FLOOR PLAN AS ti A-4 - - N.T.S. LAR.Asim, D cn in m 3 07 m m' O h m cn v cu O D v v D 0 0 zr 0 D a v c' v v n 0 0 O CD W 4 0 41 N co m w 00 0 41 iV 0D dish ype: FIPUN/LE 189 TEMPP/LE169TE14P P/LfN19TEMPP / LE 169 TEMP ;R� Notes: 1, DIMENSION sHDWN AAE TO OUTSIDE OF FlN19ryED SIMROOM. UNLESS omERwlsE sgowry R. CONV. FRAI.IING AND MAIERNLs pUT INOLUDc O. ] FINISH TAIMs nGi INCLUDED 4.OVER D O 3 �T N O G O 0) 0 Cn D O O D Q v 1, O 73 O 0 CD CA) O_ N co 00 _-------- `_ LOT 21- PUT 100M-! To T ALDER-NATALIA SUBOPRSLOIJ LOT 22 u ' a�. Y 1 - Rl71AE u- PUT NUMBER ?A-02. REcOROEO IN THE KODAK REIXIRDIN: 06TRICT. PUT KWW 19M-08, KODROED KN TIE KODAK iiFfAI ,, 06TRNT. PUT MWRF.R 2008-K RECORDED M THE KODAK REM%MNO DR1RO PUT MIMBER 2012-12. RECORDED IN THE XDONIL RECOR(1RIC (STRICT. U.S. SURVEY 25376 EDGE 0'F RIGHT p♦—WAY��— LOT .SA PUT IIA53 MIOOI Ia LOT 4 BLOCK 79 PLAT 25376 1g¢7 _ PLAT 25376 7941 LOT 3 BLOCK 19 ASPHALT PANNC. I ®�Zor 2v BLpCX 19 61gti S9: ° Feet 37748 S9. ° 0.867 Acres (11BLOCK 19 ° CONCRLOT 20 ETE PANNO d GAOLS OF Ef aW-N RM AMM W MUM N(2011/PAI IMAII) OM 201000 UZ OF RWA M-11 p IINNM D(T TOM AT PW N OXWUf ON WO OF W FOR AIM LOT M W MUM W FOR POSDION AKO ROMAKNT MAD ON OKN M LOT 20 UM WF MOST NO17O40E51FR.r COM IEID W Ulf- (N 71-27'13'V2 - 186.71'MEASURED, 186.78' RECORD). W OF MAY FOR REST F U NIF M WAS ESTAaRU W U2C Y 9RLSS CAP YOMAILM ✓� .Q'� BA, ° FORD AI SrA1pN P.O 20+" AD A 3' MASS CAP MWAkM FW AT STADM PC 204&T.N I_LGEND • =1-1/2' ALUMINUM CAP E ��F • L�J -2- ALUMINUM CAP d \4%r -3" BRASS CAP d \ (M) MEASURED DIMENSION (C) = COMPUTED DIMENSION VER' y \ (R) . RECORDED DIMENSKNN - PLAT 2008-06 (132) a RECORDED DIMENSION - PLAT 59-02 ?5.7 /CF y�Z FIRE HYDRANT O SANITARY SEWER IVAN HOLE MH 50.7 .•...., Jy C v STORM DRAIN MAN HOLE UGNT POLE HOTELrrz. F BLOCK ,HALL LD1 NG O ® "S10N WALL -BUILDING U -*--*—CHAIN LINK FENCE FIRE HOSE CONNECTION IPA O PAWNO ASPHALT[7 - . PAW KOOWK TOWNSFT$ U.S. SURVEY 25376." . l „�NOY E M)!(R) T CV O CV �� A0.T0'Ah KOOWf EU=GUANO ASSOCIATION INC � LOT „"r A;r E 10 FEET MADE trnLrrY EASFHENF 02 PACE 565 Imo/ �) ,.. 1 BOOK OF STATE ALASKA AD* t out MA-2i0PW MA-zn OWTED zale L01 1 ao[J< F.6.E I I 1 Iw) EOCE OF' RIGHT OF WAY._ CENTER WEST RE.ZANOP EDGE OF PAWAIENT DR LINE RIGHT OF WIT` -ter `� L�E y� yam. q( �� SIRAYOR'S CERTFCATE 0' 50' 100' • • "' • "!@ 1 HFAEBf CEATKY THAT NA f�SLOPEALY TffGISiERED AND TO PRACTICE LAND SURVEYING IN THE STATE OF- *�UCENSED 14 ALASKA, THAT THIS AS -BUILT REPRESENTS A SURVEY MADE BY Y UNDER THAT THE .. ME OR MY DIRECT SUPONSKNN AND MONUMENTS SHOWN KEPEON ACTUALLY EXIST AS DESCRIBED I. SIUCI TO ALL OODIO06, SOATTUOE's. U90M OWIWS, RISU ATI M, RSRMC= RO RON1S OF PAY V. .R ,., L>,. ,, '•., rJo 10197 8 AND TENT ALL DIMENSIONS AND OTHER DETAILS ARE CORRE �'. NR• r RELSTRADDN NaNG� 2. ��. SST, D f0 ALL COPY EYI LAWS J. 5T, DENNY SURYE'fINO INC. ASSUMES NO RESPoNSIOIUTY OR LIA91UTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER IN TEAMS OF CONTENT SHOWN HQNEON AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS EXPRESS OR IMPLIED, um It slawI�0' IAq SLIMYdt TO THE CONTENT INTO ANY MATTER RELATING TO THE INFORMATION SHOWN HEREON. Legal Dea p on: AS BUILT LOT 20 BLOCK 19 ALDER NATALIA SUBDIVISION PLAT 2008-05 AND LOTS 2D BLOCK i9 PLAT 2016-06 OF THE KODIAK TOWNSITE U.S. KODIAK SURVEY NO. 2537E ALASKA DMFN aT DATf AISTD 9-1e-I KODIAK RECORDING DISTRICT f s ^= l-50' ' 'forI �'a� Na 18-0100222 FA"AMD ?OIL ISLAND HOLDINGS, KODIAK ALASKA ST. D6NNY SURvxrZNG INC. F.O. BOX JIM , 10D1A& AMSJU IM IP6 (967) I81-=70 D O 3 O O Q m v CD 0 v v D_ O O D S? W C� O 73 O O 0 O N co OD r .. f rul o.m.�C rp u r rui ooanr a,wM. �,v�wsr� i ( px .sn.rc a.rnr.s �z a1mr.� ,max, ruT a ALDER - NATALIA SUBDIVISION Lois 1 nsla,w az Gapw.�m�iuev: Hr . � tq .r �M1�Iwn W u is ro w rn a .a u.Od..cwmn...�• w...s ®. w ••¢.i W 1�• V n r raa�w.� <0..4 rr. I��r) ~"� mires w➢2�'.uR� a i a�(� c air2 mw rew.rt va a�.n a nTu, 4oan,.arsnmu doom �r °"p"" �^ >m�ona.a .ir o�.e %u umsimw�nmW ur . r „ �Nr .. eavpb. rnn v Mo.r m A r.a ut M1 ,1 ur .ate ..Lm .0 rep 4.r1 ,� W w., ruffs ® m rmau q.pprr�,rri] r®. ,aa rl .¢ ul rmo`mrr. Kr mr v`ae`� rv, e. s-z Y� d oowL S.—M r Atnee _ ; •i;r_%� ix � I ray ' �- ! I lk I I ---}� ..•-�__--- _..."arm---- J--i- t \ NATALIA J ��, c e w:J �t 1 „ 1xi Tom` �'�� ...•,., tJ 1 ". r aIr ��. y�y� J JJ � a l a i •. I. >•�. xr 7. I- au.p y� Ma MUM s®�_- m �va�sr��v-s �a�..•as'�ar�.rii 41C.LiSC.7`4J• ■Ca E�fal.'TC.i�3:� ucr.Tna��ra racr.-ra�ro-� ��acas2r: vaas�aaa ®r.�asacna�-� �ai�ra471tT� .usa4a�r-a I - ,i I IJYY 1 r 1 d[Wi-- OFFSITE BOUNDARY CONTROL ¢ ==G C.aitfi De�e2".T357 WIII- - arT� mae�r. o itT� a0��.-T.a a•-a�c'ta':a tia r•�eeen rm^�eem'i esS-i ®�CTJ7�T_ a®��rs�-as�� rti r-c-mri:�,'i macla�i C7�Ci'SuiiT_ airyo•rt"Os!�a m 0-111 f��rr-n7 TTa a1•vri an�c:acra tfJ�H ,.'a iR'_ �L70. K--Jm d:l7 i'L`i f..��t�: {Sr arcr>• a•'e�CJai".iaC1<a! C.�a ICJ l®a��>i'i �.itGi ', L^��a: 'E�ti r<-��r. rTi'11ati'�a� Gtrl1i .sr asr-� i'iQi ri��r^i�.7 p�a^�'I'L'ii.� um ,ialT_ i'f_ ®t7i��Y"J"'�"� �a�>♦s•t3"aii�{-i. avur�61irC_' iRl• I�J�GL.".11-rili� IZJ�t i�.7 .. iT--Am � [ID!•�4.fl3is�� al1•tiL�7�ri r^��C—c.7itr'a �t'7 EEFT-a rc7��asz� �rJ r•.sr.-:a -r*_ mocrc>frtv�aiza 2 ', a.naa�scar.� �Ie�ta�e�cn�.arTr_ cs�msR: s.ai¢-� 'acme-z-r.�sr•a `��.i�s`-zncrazc-� as�'a�ta�s.:airi �s�:vrt�eezT� cva�ay-s-ae�-ua t"a�rG'a17iTi 'a•� m artT.-a ee4C5i 0 0 lYt W / - .WOta. u6�.a0Y.W w40 wM. o /•"y V c� CD W 0 41 N OD LOT TB .,WYf "I joll W .. FA.SDdXt Lfk DATA TABU LOT 5 TIK - I a, au�TK La. TxLa 6 :9 N ALDER a �' �•' '` ur T aLoy., •- SUBDIVISION M un le L Lor NATALIA " O Lay s, U LOT u +✓ . n LOT c i EASEMENT DETAILS 1 PLAT of ALDER — NATALIA SUBDIVISION Lors I nwww xz wm BDAfATAxI AW VA6 IBWT-GF-TyY VCFA41pSDO 115 M • �—�' OTY6AmWC�A �YQ��VIAIIYI AGENDA ITEM #10.B. From: Smith. Tara J (DIPS) To: Lina Cruz Subject: RE: Kodiak Compass Suites Trouble Reports Date: Thursday, October 31, 2024 11:24:42 AM Attachments: imaae002.ona None reported Tara J. Smith Administrative Assistant I C Detachment Division of Alaska State Troopers Department of Public Safety 5700 E Tudor Road I Anchorage, AK 99507 1 Phone: 907-375-6447 From: Lina Cruz <Icruz@kodiakak.us> Sent: Wednesday, October 30, 2024 4:30 PM To: Smith, Tara J (DPS) <tara.smith@alaska.gov> Cc: Clerks <Clerks@kodiakak.us> Subject: Kodiak Compass Suites Trouble Reports CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Tara, We have received this renewal from AMCO for a liquor license located within the City of Kodiak. Per the Borough code section below, please indicate if there were any trouble reports for this place of business in the past 12 months such as fighting, under -aged drinking, minors on premises, lack of TAM cards, and/or any other calls that required law enforcement to visit the establishment by Wednesday, November 6. Please respond via email with "none reported" if there were no trouble reports reported. 5.01.02 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest that can be protected by protesting the approval of the application for renewal; and Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 44 of 298 AGENDA ITEM #10.B. From: Kiera. Hilary To: Lina Cruz Cc: Cornelius, Elizabeth R.; Clerks Subject: RE: Kodiak Compass Suites Liquor License Transfer of Location Trouble Reports Date: Sunday, October 13, 2024 4:09:19 PM Attachments: imaae001.aif 01/02/24 — Trespassing 24-00044 Cpl. Hilary Kjera Public Safety Dispatcher Kodiak Police Department (907) 486-8000 xi Phone (907) 486-89o9 Fax From: Lina Cruz <Icruz@kodiakak.us> Sent: Tuesday, October 8, 2024 11:02 AM To: Kjera, Hilary<hkjera@city.kodiak.ak.us> Cc: Cornelius, Elizabeth R. <ecornelius@city.kodiak.ak.us>; Clerks <Clerks@kodiakak.us> Subject: Kodiak Compass Suites Liquor License Transfer of Location Trouble Reports [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Good morning, The Alcohol & Marijuana Control Office has informed the Clerk's Office about the Liquor License Renewal for Kodiak Compass Suites located at 203 Alder Lane. According to the Borough code section below, please confirm if there have been any trouble reports at this establishment in the past year, such as fighting, underage drinking, minors on premises, lack of TAM cards, or any other issues that required law enforcement intervention. We hope to hear from you by Wednesday. October 16. Kindly reply via email with "none reported" if there have been no trouble reports. KIBC 5.01.020 License renewal procedure. The Clerk shall check with local law enforcement the number of trouble reports received at the place of business. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 45 of 298 AGENDA ITEM #10.B. From: Seema Garoutte To: Lina Cruz Cc: Clerks Subject: RE: Complete Transfer Application #3480 DBA: Kodiak Compass Suites Date: Saturday, November 2, 2024 3:24:46 PM Attachments: imaoe003.aif imaae001.ono Assessing has both a real property and BPP account for 203 Alder Lane. There is a building permit on this property and assessment believes at this time (November 1, 2024) it is only 30% complete for construction. Assessing is providing that information as informational and has no interest in protesting this transfer. IN From: Lina Cruz <Icruz@kodiakak.us> Sent: Wednesday, October 30, 2024 4:08 PM Cc: Clerks <Clerks@kodiakak.us> Subject: FW: Complete Transfer Application #3480 DBA: Kodiak Compass Suites Good afternoon, On October 7, 2024, the Alcohol & Marijuana Control Office (AMCO) informed the Clerk's Office about a Transfer of Location for the following license: TRANSFEROR TRANSFEREE Licensee: Island Hotels, LLC Island Hotels, LLC License Type: Beverage Dispensary DBA Kodiak Harbor Convention Center Kodiak Compass Suites Premises Address: 211 W Rezanof Drive 203 Alder Lane We found new information during our investigation (see the email response from AMCO below) regarding the proposed new address that you should review in addition to the attached application packet. Please let us know via email if your department is interested in protesting the liquor license transfer of location application. Given this new information, I would appreciate hearing from you by Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 46 of 298 AGENDA ITEM #10.B. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us NOTICE OF PUBLIC HEARING Application For Liquor License Transfer Of Location A public hearing will be held on Thursday November 21, 2024, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Kodiak Island Borough Assembly will hear public comments in regard to Island Hotels, LLC, License No. 3480 transfer of location application. Transferor Information: Island Hotels, LLC DBA: Kodiak Harbor Convention Center License Type: Beverage Dispensary 211 W Rezanof Drive Kodiak, Alaska 99615 Phone Number: (907) 539-6217 Transferee Information: Island Hotels, LLC DBA: Kodiak Compass Suites 203 Alder Lane Kodiak, AK 99615 Phone Number: (907) 486-5712 If you do not wish to testify verbally, you may provide comments favoring or opposing via email at clerks(a)kodiakak.us or you may mail or hand deliver this form to the Borough receptionist at 710 Mill Bay Rd, Kodiak, AK 99615. Written comments must be received by the Clerk's Office no later than noon on the day of the public hearing. Name: Comments: Mailing Address: Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 47 of 298 AGENDA ITEM #1O.B. Applicant: Kodiak Compass Suites Application: Liquor License Transfer Address: 203 Alder Lane Notification: Required within 1500 ft Radius This map is provided for informational purposes only and is not intended for any legal representation. 0 Kodiak Island Borough GIS www.kodiakak.us (907)-486-9332 0.17 0.35 Q Miles _T Q 1500 Ft - Subject Parcel 0 Notification Parcels Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 48 of 298 D cn in CD 3 07 CD m 0 h CD 07 v CD 0 D v O v D 0 O 3 O_ D Q v c' v v n O O O_ 0 # Name Mailing Address City State Zip 1 ALAN & VIRGINIA AUSTERMAN 401 LIGHTFOOT AVE KODIAK AK 99615 2 ALLAN & CYNTHIA DEGIES 5584 W 8TH ST ROAD ANDERSON IN 46011 3 BARBARA ZIMMERMAN ETAL P 0 BOX 1157 KODIAK AK 99615 4 CHRISTINA & SCOTT LYNCH 103 CENTER AVE STE B KODIAK AK 99615 5 LUCAS & AIMRA BAXTER 120 W REZANOF DR KODIAK AK 99615 6 AEM ENTERPRISES LLC PO BOX 786 KODIAK AK 99615 7 AJA KODIAK PROPERTIES LLC 507 2ND AVE FAIRBANKS AK 99701 8 ALAGNAK INC PO BOX 1275 KODIAK AK 99615 9 ALASKA STATE BLDG AUTH P 0 BOX 230329 ANCHORAGE AK 99523 10 ALUTIIQ HERITAGE FOUNDATION 215 MISSION RD KODIAK AK 99615 11 AMERICAN LEGION INC 318 CENTER AVE KODIAK AK 99615 12 ANCHOR APARTMENTS LLC PO BOX 613 KODIAK AK 99615 13 ANNA MARIA KALOUMENOU 1515 BARANOF ST KODIAK AK 99615 14 ARLENE CHERNOFF SKINNER ETAL PO BOX 2280 KODIAK AK 99615 15 AUGUST ACKERMAN MEYER 118 W HILLCRESTST KODIAK AK 99615 16 BART & DEBRA RIPPEY 318 CAROLYN ST KODIAK AK 99615 17 BETTY WALTERS PO BOX 3336 KODIAK AK 99615 18 BLACK OVIS HOLDINGS LLC 214 W REZANOF DR KODIAK AK 99615 19 BLANKA LEDERER 1219 MISSION ROAD KODIAK AK 99615 20 BORGNY R HOLM 305 COPE STREET KODIAK AK 99615 21 BRANDON D JONES PO BOX 375 KODIAK AK 99615 22 BRENDAN M HARRINGTON 614 MISSION RD KODIAK AK 99615 23 BRENT WATKINS ETAL 307 CHILDS DR KODIAK AK 99615 24 BRYAN & KATRINA FERRIS 3408 HARLEQUIN CT KODIAK AK 99615 25 CARMEN LOUISE WITTE PO BOX 3118 KODIAK AK 99615 26 CECIL J & NANCY B LIME PO BOX 1762 KODIAK AK 99615 27 CHARLES & LAURENE MADSEN PO BOX 9044 KODIAK AK 99615 28 CHRISTIAN SCIENCE SOCIETY 312 CAROLYN ST KODIAK AK 99615 29 CHRISTIE CHERNOFF 225 ALDER LANE KODIAK AK 99615 30 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 31 CM HOLDINGS LLC 410 SHELIKOF ST KODIAK AK 99615 32 COMMINS CATHERINE M 206 ALDER LN KODIAK AK 99615 33 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD KODIAK AK 99615 34 CREDIT UNION 1 C/O ACCOUNTS PAYABLE 1941 ABBOTT RD ANCHORAGE AK 199507 35 DALE RACHAEL NELSON 420 W REZANOF #B KODIAK AK 99615 36 DAVID & BOOTSLYN ROEMHILDT PO BOX 2034 ICORDOVA AK 199574 D cn in m 3 07 m CD O h CD cn v CCD 0 D v O v D 0 O 3 O_ D Q v c' v v n O O O_ 0 v c� O Ul 0 O 41 N co 37 DEAN BROWN ETAL 4254 CLIFFSIDE DR KODIAK AK 99615 38 DERRON L BALL 417 VINYARD AVE BLACKBURG VA 24060 39 DEWAYNE WILLIAMS III ETAL 415 CAROLYN ST KODIAK AK 99615 40 DOCK 49 LLC 210 B SHELIKOF ST KODIAK AK 99615 41 DULCICH REALTY LLC 16797 SE 130TH AVE CLACKAMAS OR 97015 421 ED VENTURES INC 11900 CANGE ST ANCHORAGE AK 99516 43 EFREN D DIESTA ETAL 410 CAROLYN ST KODIAK AK 99615 44 ELIZABETH FLEMING PO BOX 1068 KODIAK AK 99615 45 ELKE M SAUNDERS 2906 N 20TH ST TACOMA WA 98406 46 ELKS LODGE #1772 PO BOX 846 KODIAK AK 99615 47 ENERGY PLUS HOMES INC PO BOX 1066 KODIAK AK 99615 48 FIRST NATIONAL BANK OF ALASKA ACCOUNTING/REPORTING UNIT P 0 BOX 100720 ANCHORAGE AK 99510 49 FLETCHER JOHN 102 CENTER AVE KODIAK AK 99615 50 FRANCIS COSTELLO PO BOX 108 KODIAK 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TUDOR RD ANCHORAGE AK 99503 146 UNITED STATES POSTAL SERVICE 419 LOWER MILL BAY RD KODIAK AK 99615 147 WADE & SHERRY BALL PO BOX 3361 KODIAK AK 99615 D cn in m 3 07 m CD O h CD cn v CD O D v v D 0 0 zr 0 D a v c' v v n 0 0 O coCD Cil 0 41 N co 148 WAYNE A & KARA BAKER 225 MILL BAY ROAD IKODIAK JAK 99615 149 WELLS FARGO C/O RYAN LLC PO BOX 2609 ICARLSBAD CA 92108 150 WILLIAM M COSTELLO PO BOX 547 IKODIAK JAK 99615 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams, Borough Manager RE: Manager's Report, November 21, 2024 Manager's Department Community Assistance Program (CAP) — On January 31, 2024, the Kodiak Island Borough was informed by the State of Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs (DCRA) that our Community Assistance Program eligibility estimate was $302,378.83. In addition to the KIB initial payment of $15,789.00. However, the amount that Kodiak Island Borough received was actually $453,459.00. The result is $151,170.00 more revenue than expected. Airport Parking — Mark Hickey reached out to DOT Southcoast Director, Chris Goins, and got this reply about the parking situation. Great to hear from you! Yes, we are aware of the airport parking challenges. Clark Cox in Anchorage with the Statewide Aviation Office is working on the needed parking changes at the airport. Clark has been modifying a Request for Proposal (RFP) for bringing on a vendor to manage parking based on some lessons learned from the challenges we have in Sitka. He anticipates incorporating these lessons and having that RFP on the street close to the end of the year. If a vendor comes forward (we hear there is interest) we will work to get them operational, and this should help resolve the issues you described. If there are other ideas from you or others, we are happy to hear them. Thanks for your continued advocating for Kodiak. Letter from Bells Flats Residents — A letter signed by nearly fifty residents asking the Assembly to address the issues of the shifting rivers / creeks in the area is on the dais in front of you. Page 54 of 298 AGENDA ITEM #11.A. Consideration of Letter Addressing Issues in Prince William Sound — The Assembly and City Council are both being asked to consider signing a letter regarding fisheries closures in the Prince William Sound area. Please see attached information about the issue. AML Annual Conference — • Registration is now open for the December 11 th —13th conference. Current Recruitments — • Associate Planner • Appraiser Tech Community Development Kodiak Island Borough Planning & Zoning Commission The Commission met on November 20, 2024; the only case on the agenda is the rewrite of Chapter 17.205 KIBC. The Commission voted 4 to 0 with three members absent to recommend approval to the Assembly changes only to KIBC Section 17.205.055, related to submission to the assembly of rezone recommendations. This change would require both recommendations of denial and approval to be submitted to the Assembly for consideration. The Borough Attorney recommended this amendment; the amendment is in conformance with standard zoning practices. Borough Parks and Recreation Committee The committee is scheduled to meet on November 26, 2024; the primary topic for discussion is a review of the parks and recreation survey responses received to date. The survey is currently open and can be accessed at https:Hsurveys.kodiakak.us. The committee will determine when to close the survey response period and begin its full review of responses. Assessing Field Work — Assessing staff are finishing up in -person field inspections in Monashka, Bells Flats, Chiniak, and Pasagshak. Percentage of properties seen so far this season is in the mid -nineties. Senior Citizen / Disable Veteran exemptions — In the final wrap up of the Senior Citizen and Disabled Veteran exemptions — • There is one applicant who was denied by the Assessor's office due to the permanent residence that they sent to the Alaska Permanent Dividend Fund. • There is one applicant that reported to Assessing that they protested their PFD denial. If they are found to be eligible, then they may be eligible for their exemption. Village travel dates for SC/DV exemptions: • Karluk, Akhiok, and Larsen Bay were completed on November 20th Page 55 of 298 AGENDA ITEM #11.A. Old Harbor was completed today. Ouzinkie is scheduled for November 22"d (Back up- Jan. 8) Port Lions is scheduled for November 25th (Back up- Jan. 9) Position Opportunities — Assessing has an opening for an Appraiser Tech Tyler Conversion — Assessing continues to run queries for cleanup and is preparing for file transfer. Apex Sketch software is being downloaded onto computers by IT. Assessing will have to redraw all sketches. Engineering and Facilities Borough Office Lift Station Issues - KIB and contractor staff are continuing to work to dampen the noise generated by the new pipes and pumps. Borough Building Boiler Installation — Contractor has acknowledged the discrepancies and has announced final work to be started the week of November 25, 2024. A follow up inspection will be conducted to ensure completion. KFRC — • Awaiting GSA revised contract amount for required water testing. No return contact has been received. The due date for sampling and receipt of data will be extended to reflect the delay. • Staff continues to wait for a request for additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAA. Project to be funded on the next fiscal year's budget. KFRC Elevator Contract — • On October 15th, letters were sent to both bidders that canceled the bid process. • The letters are attached for Assembly reference. It is the lawyer's advice that this process should be started over from scratch and that KIB would not be allowed to negotiate with the second bidder. • There is also a memo outlining the timeline of this project for reference. Landfill — • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. A well installation RFP is being drafted to gather data to inform the cause of the storm water violations. • Baler building concrete floor has been readied to pour. Depth of the removal of concrete has resulted in additional volume of concrete for the complete pour. A second change order will be required for additional labor and materials due to unforeseen site conditions. Contractor has poured the alley at the baler truck access ramp on the basement level. Additional fly ash and silica fume have been Page 56 of 298 AGENDA ITEM #11.A. ordered and have shipped. Anticipate final pour to be conducted the week of December 2, 2024. This second change order will be reviewed by the Assembly at a Special Meeting on November 26, 2024. • Baler Facility remains closed. Strapper is currently repaired with a strapper consultant being scheduled to come to Kodiak by the end of the calendar year. • A dumpster has been provided for residential customers that bring waste to the Landfill. • Commercial hauler will be loose filling at the current landfill operating face. • Discussions with ADF&G are being conducted to remove the bears form the landfill facility. Training for hazing the bears was conducted today. A drone flight today detected that there were five bears within 100 yards of the Leachate Treatment Plant today. Leachate Treatment Plant — • Staff has decided to stay with the original polymer type. The three alternatives attempted proved to not improve the flocking of the solids. • Pretreatment Upgrade Project — Contractor has installed the new larger capacity pumps. After testing the pump speed and controls, adjustments are still required. Anticipate the requirement for larger variable frequency drives for greater pump control. • Installation of the seismic joint cover has been completed. Snow stop has been completed on the addition roof. KIBSD — Peterson School Roof — • KIB staff has performed another inspection and found that the HVAC contractor had completed all of the punch list items The only remaining item is getting additional information and repair method for the metal flashing that has failed. There have been no additional reports of leaks or more flashing failure during the past few windstorms. Snow Removal and Ice Control — • Snow removal and ice control contracts are in place for Monashka and Bayview Service Areas. • Staff is revising the KIB Facilities Snow and Ice Control request. Service Areas — Working with the attorney to prepare a standardized contract for all service areas. Finance Department FY2024 Audit — Staff is working on the Managements Discussion & Analysis and Statistical sections. 4 Page 57 of 298 AGENDA ITEM #11.A. Property Assessment and Taxation Implementation Project — The regularly scheduled meetings staff has with the Tyler Implementation team have been cancelled for November and December due to staffing shortages during the holidays. Tyler staff is continuing to work on the assessing portion of mapping and test environment and the project is currently on schedule and 21 % complete. Assessing staff is continuing to work on data cleanup and verification. Go -live date is expected to be June 25, 2025. Staffing — An offer was made and accepted the Fiscal Analyst position. The new staff member will begin December 2"d Information Technology Policy Development - 1. IT Network documentation development. 2. Disaster Recovery Policy development 3. GIS documentation development PACS Migration — 1. IT is assisting with the PACS migration — working with Assessing on exporting sketch information from PACS to Apex Sketch a. IT has provided Apex sample data from our PACS system to see if it can be migrated to Apex Sketch Security - 1. Security Audit — a. Project timeline: i. Client Assistance Responses Due — Friday, September 27th - Completed. ii. Fieldwork - Offsite — Monday, October 7 — Friday, November 8th - Completed iii. Final report delivered - Completed iv. Remediation Roadmap — TBD 2. IT is testing LAPS which is a password security technology to manage local administrator passwords. 3. The IT department is developing an approval workflow in our helpdesk software to streamline and document the process for approving user access requests, including the creation and modification of user accounts, email access, and other IT -related permissions. Hardware - 1. Working with E&F at the LTP to upgrade their Rockwell Automation SCADA monitoring pc equipment. Page 58 of 298 AGENDA ITEM W.A. a. SCADA display has arrived. IT will migrate and upgrade the SCADA operating system and hardware. - IT is doing some testing with the assistance of the Rockwell application engineers 2. Working on setting up additional Wireless Access point in the LTP for better iPad coverage 3. IT is applying asset tags to our IT assets. a. Approximately 50% completed: 1. Desktops - completed. 2. Monitors 3. Servers - Completed 4. Networking equipment 5. Telecommunication Equipment 6. Misc. 4. Installation of the new cooling system in IT Datacenter has begun. a. Installation work is completed with some electrical work to be started in the next few weeks. Network 1. Working on switch configuration backup and configuration repository. Software — 1. Laserfiche: a. IT is working with the Deputy Clerk: i. Date formats and data field updates. 2. Metadata updates for the Clerks 3. Record schedule updates for all departments. 4. Workflow creation and updating existing workflows. 2. IT is working on requested changes to Laserfiche Metadata in our test systems to ensure continuity . 2. Microsoft System Center Operations Manager (SCOM) a. IT is testing an endpoint monitoring software solution to be proactive with identifying issues with our servers and workstations. 3. IT is working with Long Technologies - HVAC contractor to install and upgrade our HVAC systems at KFRC and KIB buildings. Server platform has been deployed, and Long is now installing and configuring the software remotely. 4. CompuWeigh - current software configuration review provided by CompuWeigh support staff Friday morning. GIS - 1 . Updated the Address Notification List for the Borough 2. Working on GIS departmental Documentation and policies 3. Working on migrating on premise map imagery to the ESRI cloud, which would reduce KIB on premise requirements for hosting online KIB maps. 4. Property ID reviews ongoing, roughly 179 of 7800 remaining. 6 Page 59 of 298 AGENDA ITEM #11.A. Bayside Fire Department Personnel Activity / Professional Development / Training — Another round of firefighter turnout gear is enroute to the BFD from Fire Dex. This PPE is PFAS or forever chemical free (only gear on the market with this feature) which will keep our members safe from a multitude of cancers and reproductive harm. Plus it is equipped with firefighter a self -rescue system and is individually sized and tailored to each member. We know we talked about this gear before, but we are very excited to have the support of our community to get this critical life safety gear to all our members. BFD is happy to announce four of our members passed all written and practical evaluations to become state and nationally accredited fire and emergency service instructors! This course was 6 days straight of 8 hours of classroom and practical instruction, great job by all!! This class was delivered by the Alaska State Fire Marshal's Office at the BFD (Thanks for Chief Putney for hosting day one and two at the KPD due to voting). This brings our cadre of certified instructors up to 8. Engineer Chris Glade has completed final testing to certify at the state and national level for Firefighter II and Hazardous Materials Operational responder. Congratulations Chris!!! Campus Upgrades and Maintenance — • Our Wednesday support team has begun the task of hose testing. They completed several hundred feet of 1.75 inch attack hose the first day. The week before Eric and Aharon conducted quarterly ground ladder cleaning and inspection. The work completed each week by our Wednesday crew is invaluable and is a direct benefit to our operational staff. Thanks guys!! • Thank you to KIB Engineering and Facilities staff for continuing to provide critical support to the BFD mission! We couldn't do our job without you doing yours!! • Standby for more exciting news from the BFD IT world. Fred Berestoff and his team continue to work their "magic" to enhance the capabilities of the BFD! Thank you to you all at the KIB IT department! Stuff to Just Make You Happy — BFD was proud to celebrate our returning Special Olympics champion bowlers with a "picnics" hosted in the apparatus bay. Our Wednesday support members Eric and Aharon along with all their teammates were there to enjoy burgers and dogs and lots of other delicious treats prepared by their coaches and BFD members. Congratulations to team Kodiak!! Reminders for Budget Discussions for FY26 1. Non-profit use of opioid settlement funds 2. Accommodations tax— Breakdown / Amount in Fund / Regulations about using those funds 3. Consideration of adding more to the junk vehicle removal line item Page 60 of 298 AGENDA ITEM #11.A. Alaska Board of Fisheries Alaska Department of Fish and Game P.O. Box 115526 Juneau, AK 99811-5526 Dear Chairwoman Carlson -Van Dort and Board Members, November 26, 2024 The Kodiak Island Borough (KIB) and the City of Kodiak (City) oppose proposals 14, 15, 16 and 17 which would affect the Prince William Sound (PWS) Pelagic Pollock Trawl fishery. If the Board passes these proposals, it could have a substantial negative impact on our residents: vessel owners and crews, processing companies and crew, and support businesses. The Kodiak processors and vessels have participated in the state managed PWS pollock fishery since its inception in 1995 and have demonstrated long term dependency on the fishery. This fishery is important to participants and the community since it is one of the first fisheries of the year. Kodiak homeported vessels transit from Kodiak to the Sound every year to execute this fishery. Typically, between 14 to 15 Kodiak vessels participate and the recent ex -vessel value of the fishery (2021 to 2023) is approximately $1 million. The community of Kodiak benefits from both the landed catch and processed catch that occurs within the city of Kodiak. The KIB levies a severance tax of .00925 applied to the ex -vessel fish price, the city levies a sales tax of 70 o for all purchases within city limits, and both governments benefit from the State of Alaska Fishery Business Tax. These revenues directly support city and borough services. Thus, not only are the Kodiak processors and harvesting vessels dependent on the PWS pollock fishery, but so is our community. The Alaska Department of Fish and Game (ADF&G) staff report opposes all four of these proposals. Proposals 14 and 16 would close the fishery outright, while proposals 15 and 17 would modify bycatch limits and change monitoring requirements. As the Department points out, they already have emergency order authority to adjust bycatch limits by species within the fishery and have authority to deploy onboard observers. They do not currently have authority to require electronic monitoring, however. In both cases, the Department believes they have effective management authority to support the fishery. The KIB and the City respectfully request that the Board reject proposals 14, 15, 16, and 17. It is an extremely difficult time in the seafood industry and for Alaska's fishery dependent coastal communities. Our community and fishery participants need a full array of viable fisheries to survive. Sincerely, Page 61 of 298 AGENDA ITEM #11.A. PROPOSAL 14 — 5 AAC 34.263. Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan. PROPOSED BY: Alaska Outdoor Council. WHAT WOULD THE PROPOSAL DO? This would prohibit a directed walleye pollock pelagic trawl fishery in Prince William Sound (PWS) unless no part or attachment to pelagic trawl gear contacts the seafloor habitat and there is no bycatch of king salmon. WHAT ARE THE CURRENT REGULATIONS? The Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan (5 AAC 28.263) allows for a directed pelagic trawl fishery from January 20, which coincides with the opening of federal Gulf of Alaska walleye pollock trawl fishery, through March 31. This fishery occurs in three defined sections of PWS and no more than 60% of the harvest may come out of any one section. Additionally, regulations allow only 5% of the total weight of the harvest to be bycatch (5 AAC 28.263 (d)), and the department has further allocated percentages for rockfish, salmon, sharks, squid, and miscellaneous species by emergency order (EO). WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? A verifiable method for establishing whether pelagic trawl gear contacts the seafloor habitat would need to be established. King salmon bycatch in the PWS walleye pollock pelagic trawl fishery would be prohibited. Pollock harvest and effort would decrease by an unknown amount depending on whether king salmon bycatch can be avoided. From 2021 to 2023, 96% of pollock landings had some salmon bycatch. BACKGROUND: The PWS walleye pollock pelagic trawl fishery begins January 20, which coincides with the opening of federal Gulf of Alaska walleye pollock trawl fishery. Harvest in this state -waters fishery has ranged between a high of 9.82 million pounds in 2015 and 1.40 million pounds in 2008 (Table 15-1). Annual participation has ranged from fewer than 3 vessels to 22 vessels. Vessel participation has been stable in recent years with an average of 14 vessels participating annually from 2016 to 2019 and 15 vessels participating annually from 2021 to 2023. During the most recent three seasons, from 2021 to 2023, average ex -vessel value has been $1,022,928 annually at an average price of 17 cents per pound. In 2002, when there was a dramatic increase in bycatch rates for all species (Table 15-2), and during board meetings it was determined that ADF&G would encourage cleaner fishing practices by instituting bycatch limits; bycatch is restricted to no more than 5% of the total round weight of pollock harvested, and ADF&G further manages bycatch by apportioning the percentage among the following species groups by EO: rockfish (0.5%), salmon (0.04%), shark (0.96%), squid (3.0%), and other species (0.5%). The department has emergency order authority to raise or lower these bycatch percentages in response to conservation concerns or other factors. However, in 2014, the rockfish bycatch limit of 0.5% during the directed pollock pelagic trawl fishery was adopted into regulation by the board. In -season management during the PWS directed pollock fishery is intensive, with close contact between the fleet and managers with attention to the section harvest and bycatch limits. ADF&G management requirements include mandatory check -in and check-out procedures before fishing in or leaving a management section, as well as recording fishing information in log sheets. The majority of the fleet transits from Kodiak, which increases the lead time necessary to make management decisions. Trip limits of 300,000 pounds are established in regulation and are an 30 Page 62 of 298 AGENDA ITEM #11.A. important management tool to control the rate of harvest in the fishery. Historically, vessels have often achieved this harvest trip limit in less than 12 hours of fishing time. Although bycatch rates in this fishery are low relative to other groundfish fisheries, bycatch has sometimes warranted management measures. Because bycatch levels are a percentage of the directed harvest, as pollock GHLs increase, bycatch allowances increase. For recent years bycatch in excess of bycatch allowances resulted in section closures in 2014 for rockfish, 2020 and 2024 for squid, and 2020 and 2021 for salmon. In recent seasons, ADF&G has worked with the fleet to rotate vessels through PWS and limit the number of vessels fishing at a given time, with the goal of minimizing bycatch harvest and monitoring the GHL closely. DEPARTMENT COMMENTS: The department OPPOSES this proposal. The department has the management tools necessary to monitor bycatch closely and stay within the 50 o limit specified in regulation and the assemblage bycatch limits specified in EO. The provision of this proposal related to sea floor contact would be difficult to enforce. COST ANALYSIS: Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. Approval of this proposal is not expected to result in an additional cost to the department. I Page 63 of 298 AGENDA ITEM #11.A. PROPOSAL 15 —5 AAC 34.263. Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan. PROPOSED BY: The Chenega IRA Council. WHAT WOULD THE PROPOSAL DO? This would replace the current 5% bycatch limit in the Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan with a limit set in pounds that does not fluctuate with the walleye pollock guideline harvest level. Additionally, this would require full retention of all bycatch. WHAT ARE THE CURRENT REGULATIONS? The Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan (5 AAC 28.263) allows for a directed pelagic trawl fishery from January 20, which coincides with the opening of federal Gulf of Alaska walleye pollock trawl fishery, through March 31. This fishery occurs in three defined sections of PWS and no more than 60% of the harvest may come out of any one section (Figure 15-1). All walleye pollock brought on board a vessel when a directed fishery for walleye pollock is open must be retained (5 AAC 28.070(e)(2)). Additionally, regulations allow only 5% of the total weight of the harvest to be bycatch (5 AAC 28.263(d)), and the department has further allocated percentages for rockfish, salmon, sharks, squid, and miscellaneous species by emergency order (EO). WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? Bycatch in the PWS walleye pollock trawl fishery would be limited by weight instead of a percentage of the pollock harvest. Depending on the limit set, bycatch could be higher or lower under a weight limit than under a percentage of harvest limit in any given year. BACKGROUND: Please refer to proposal 14 for background information on the PWS walleye pollock pelagic trawl fishery. DEPARTMENT COMMENTS: The department OPPOSES this proposal. Emergency order authority provides the department with the tools necessary to adjust the bycatch limits by species or assemblage within the 5% limit set in regulation. COST ANALYSIS: Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. Approval of this proposal is not expected to result in an additional cost to the department. 32 Page 64 of 298 AGENDA ITEM #11.A. I48.30'0"W 147 v0"W ;45 30'01W 144010 R — PWS Area Boundary - - - PWS District Boundary Pollock Section Lines Valdez PWS Pollock Closed Area o_ PWS Pollock Open Area Whlttier. 0 Cordova r ' Seward w ; N Gulf of Alaska N _ T 4 1(YO•R' 14r(ro"W 45 70'0"W I" 0'0"R' Figure 15-1. Prince William Sound Inside District walleye pollock management sections for the directed commercial trawl fishery. 33 Page 65 of 298 AGENDA ITEM #11.A. Table 15-I.-Prince William Sound Area walleye pollock harvest (in pounds) and effort by gear type, guideline harvest level (GHL), and season length, 1995-2023. Effort Harvest Year Vessels Landings Season Directed Test fishery Bycatch Total GHL % of GHL 1995 9 35 26 6,325,575 215,025 10,220 6,540,600 2.1-4.4 144% 1996 Il 24 5 3,265,740 420,571 7,905 3,686,311 3.1 105% 1997 10 31 8 4,319,707 539,123 7,184 4,858,830 3.9 111% 1998 11 29 7 4,013,725 631,751 2,680 4,645,476 3.9 103% 1999 6 38 36 4,673,074 490,761 11,890 5,163,835 4.6 102% 2000 4 20 70 2,256,504 366,724 8,045 2,623,228 3.1 73% 2001 a a 64 a 381,502 a 381,502 3.1 100% 2002 3 22 70 2,364,143 177,003 68 2,541,146 3.8 62% 2003 3 17 84 2,421,772 53,595 1,221 2,475,367 3.8 64% 2004 3 9 68 1,928,458 400,403 824 2,328,861 2.0 96% 2005 6 8 48 1,677,157 317,183 805 1,994,340 2.0 84% 2006 8 15 58 3,486,499 ND 590 3,486,499 3.6 97% 2007 5 11 69 2,339,978 259,155 a 2,599,133 3.6 65% 2008 5 7 56 1,395,933 ND a 1,395,933 3.6 39% w� 2009 7 12 60 3,243,959 300,806 a 3,544,765 3.6 90% 2010 11 14 42 3,662,919 311,853 4,939 3,974,772 3.6 102% 2011 7 12 17 3,377,325 339,683 13,608 3,717,008 3.6 94% 2012 9 21 24 5,785,295 ND a 5,785,295 6.1 95% 2013 14 22 14 5,779,241 488,666 a 6,267,907 5.8 99% 2014 19 22 8 5,220,121 ND 1,096 5,220,121 8.6 61% 2015 17 35 16 9,818,616 ND 3,674 9,818,616 9.3 99% 2016 9 30 71 8,573,163 779,979 13,265 9,353,142 13.1 72% 2017 8 15 71 4,143,533 ND 3,720 4,143,533 9.4 44% 2018 16 24 42 6,802,350 926,066 2,358 7,728,416 7.1 96% 2019 22 25 24 6,539,859 935,114 1,295 7,474,973 6.6 99% 2020 14 23 41 5,090,676 928,792 a 6,019,468 5.1 100% 2021 10 20 12 4,710,088 898,250 256 5,608,338 4.9 96% 2022 17 23 27 6,174,300 960,297 1,737 7,134,597 6.4 96% 2023 19 27 68 7,167,286 539,582 4345 7,706,868 7.3 98% Averages 1995-2015 8 20 40 3,554,586 355,863 5,077 3,661,546 4.2 90% 2016-2019 14 23 43 3,738,430 892,488 5,160 6,943,906 8.3 86% 2021-2023 15 23 46 4,017,768 799,376 2,113 6,816,601 6.2 83% Page 66 of 298 AGENDA ITEM #11.A. Table 15-2.-Prince William Sound Area walleye pollock fishery bycatch by species or species group, in pounds and as a percentage of the directed pollock harvest, 2008-2023. Harvest Pollock Rockfish Chinook Salmon Shark Squid Othcr Total Bycatch Ycar Pounds Pounds Pcrccnt Pounds Pcrccnt Pounds Pcrccnt Pounds Pcrccnt Pounds Pcrccnt Pounds Pcrccnt 2008 1,395,933 20,790 1.49% 48 0.00% 1,550 0110o 30,619 2.19% 1,066 00800 54,073 3.87% 2009 3,249,441 21,093 0.65% 142 0.00% 19,101 059°0 15,747 0.48% 14,115 0430o 70,199 2.16% 2010 3,662,919 3,594 0.10% 223 0.01% 3,133 009°0 17,052 0.47% 21,854 0600o 45,856 1.25% 2011 3,377,325 5,290 0.16% 50 0.00% 411 001oo 15,006 0.44% 2,410 00700 23,167 0.69% 2012 5,785,295 16,904 0.29% 1,431 0.02% 1,810 0030o 8,123 0.14% 12,682 02200 40,950 0.71% 2013 5,779,241 27,824 0.48% 61 0.001/6 3,230 006°o 86,116 1.49% 3,401 00600 120,632 2.09% 2014 5,220,121 67,446 1.29% 260 0.00% 526 0.01oo 171,946 3.29% 24,322 0.470o 264,500 5.07% 2015 9,818,616 20,785 0.21% 442 0.00% 889 0.01% 240,125 2.45% 7,337 0.07% 269,578 2.75% 2016 8,573,163 21,992 0.26% 1,067 0.01% 2,720 0.03% 41,993 0.49% 12,286 0.14% 80,058 0.93% 2017 4,143,533 2,552 0.06% 177 0.00% 117 0.00% 259 0.01% 2,857 0.07% 5,962 0.14% 2018 6,802,350 3,437 0.05% 1,172 0.02% 477 0.01% 1,732 0.03% 20,421 0.30% 27,239 0.40% w 2019 6,539,859 6,995 0.11 % 258 0.00% 679 0.01% 31,744 0.49% 5,358 0.08% 45,034 0.69% 2020 5,090,676 17,436 0.34% 2,240 0.04% 10,357 0.20% 153,959 3.02% 2,562 0.05% 186,554 3.66% 2021 4,710,088 8,198 0.17% 2,268 0.05% 2,959 0.06% 39,027 0.83% 2,422 0.05% 54,874 1.17% 2022 6,174,300 14,736 0.24% 2,464 0.04% 4,489 0.07% 58,970 0.96% 3,311 0.05% 83,970 1.361/6 2023 7,167,286 14,211 0.20% 2,473 0.03% 1,405 0.02% 53,980 0.75 % 4,565 0.06% 76,634 1.07% Averages 1995-2015 3,868,061 12,510 0.37% 477 0.01% 6,937 0.26% 44,845 1.15% 7,968 0.23% 72,737 2.03% 2016-2020 6,229,916 10,482 0.16% 983 0.02% 2,870 0.05% 45,937 0.81 % 8,697 0.13 % 68,969 1.16% 2021-2023 6017225 12,382 0.20% 2,402 0.04% 2,951 0.05% 50,659 0.85% 3,433 0.06% 71,826 1.20% Note: Bycatch allowances are 0.5% for rockfish, 0.04% for salmon, 3% for squid, 0.96% for sharks, and 0.5% for other species. Page 67 of 298 AGENDA ITEM #11.A. Table 15-3.—Estimated number of rockfish and king salmon harvested in the Prince William Sound walleye pollock trawl fishery, 2010-2023. Number of king Year Number of Rockfish salmon 2010 220 46 2011 324 33 2012 1036 448 2013 1704 14 2014 4132 65 2015 1273 142 2016 1347 262 2017 156 50 2018 135 265 2019 429 77 2020 1068 754 2021 502 789 2022 903 895 2023 871 980 Averages 2010-2015 1,448 125 2016-2020 627 282 2021-2023 759 888 Note: Number of rockfish is estimated based on the average weight of shortraker and rougheye rockfish sampled for 2010-2023. 9 Page 68 of 298 AGENDA ITEM #11.A. PROPOSAL 16 — 5 AAC 34.263. Prince William Sound Walleye Pollock Pelagic Trawl Fishery INIanagement Plan. PROPOSED BY: The Chenaga IRA Council. WHAT WOULD THE PROPOSAL DO? This would close the directed walleye pollock trawl fishery in Prince William Sound (PWS). WHAT ARE THE CURRENT REGULATIONS? The Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan (5 AAC 28.263) allows for a directed pelagic trawl fishery from January 20, which coincides with the opening of federal Gulf of Alaska walleye pollock trawl fishery, through %larch 31. This fishery occurs in three defined sections of PWS and no more than 600 0 of the harvest may come out of any one section. Additionally, regulations allow only 50 o of the total weight of the harvest to be bycatch (5 AAC 28.263 (d)), and the department has further allocated percentages for rockfish, salmon, sharks, squid, and miscellaneous species by emergency order (EO; Figure 16-1). WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? Walleye pollock harvest in PWS would be reduced by 99%. Annual revenue for the PWS pollock fishery is approximately $1,000,000 shared by 15 vessels from 23 landings. Rockfish and king salmon harvest would be reduced by approximately 12,000 pounds and 2,400 pounds, respectively based on average bycatch from 2021 to 2023 (Figure 16-2). BACKGROUND: Please refer to the comments on Proposal 15 for background information. DEPARTMENT COMMENTS: The department OPPOSES this proposal. This would eliminate fishing opportunity on a stock where there are no conservation concerns and where a portion of the stock has been harvested sustainably for many years. The department has the management tools necessary to closely monitor bycatch and stay within the 50 o limit specified in regulation and the assemblage bycatch limits specified in EO. COST ANALYSIS: Approval of this proposal is not expected to result in an additional direct cost for a private person to participate in this fishery. Approval of this proposal is not expected to result in an additional cost to the department. 3? Page 69 of 298 AGENDA ITEM #11.A. 6.0% 5.0% — v C a E u 4.0% a u n 3.0% Q V 10 m 2.0% C O1 U N d 1.0% 0.0% 00� OOo- OOy 00�D 001 00� 00°� 010 01'' O'ti�' 01� O'tip 01h O'ti�0 O'ti^ O,tiO OtiA O,tiO O'L~ O'L1' O'L'� ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti —Total Percent Bycatch Figure 16-I.—Total percent bycatch in the PWS Trawl Fishery as a percentage of directed walleye pollock harvest in pounds, 2003-2023. Dashed line represents 5 percent cap on all bycatch. Page 70 of 298 AGENDA ITEM #11.A. 100,000 90,000 80,000 v c p 70,000 n w 60,000 r LL 0 50,000 V a 40,000 C_ s 30,000 M u CO 20,000 10,000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 ■Rockfish ■Salmon Figure 16-2.—Bycatch of rockfish and salmon in pounds during the directed PWS walleye pollock fishery, 2003-2023. Page 71 of 298 AGENDA ITEM #11.A. PROPOSAL 17 — 5 AAC 34.263. Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan. PROPOSED BY: The Chenega IRA Council. WHAT WOULD THE PROPOSAL DO? This would require 100% onboard electronic monitoring and 50% physical onboard observation in the PWS walleye pollock trawl fishery. WHAT ARE THE CURRENT REGULATIONS? The Prince William Sound Walleye Pollock Pelagic Trawl Fishery Management Plan provides the commissioner with the authority to require onboard observers on a vessel during fishing operations (5 AAC 28.263(h)). WHAT WOULD BE THE EFFECT IF THE PROPOSAL WERE ADOPTED? This would establish an electronic and on -board observer program to assess the accuracy of walleye pollock harvest and bycatch data from the PWS walleye pollock trawl fishery. This would result in considerable costs to the department and industry to implement. BACKGROUND: Observers are deployed by the department in Bering Sea/Aleutian Islands crab and statewide weathervane scallop fisheries to collect biological and fishery data at sea. This is done for two reasons — first, most scallops and some crab are processed at sea, making shorebased biological data sampling not possible; second, data on the nonretained portion of the catch is a critical component of stock assessment models and requirement of the Federal Fishery Management Plan for these fisheries. In the PWS walleye pollock trawl fishery directed harvest and bycatch are delivered to shorebased facilities for processing. In -season assessment of bycatch limits is based on fish tickets from processors and call in data from the fishery. DEPARTMENT COMMENTS: The department OPPOSES this proposal. The department has the authority but not the resources to deploy onboard observers in the walleye pollock fishery. If the board were to adopt this proposal it is unlikely the department could mobilize a walleye pollock observer program and identify a funding source for the program by the 2025 fishery. Additionally, the board does not have authority to require electronic monitoring. COST ANALYSIS: Approval of this proposal will result in additional direct cost for the department to implement an observer program and additional direct cost to private persons participating in the fishery. The estimated cost of an onboard observer program for the PWS pollock fishery would depend on coverage levels determined by the board or department and the type of observers deployed in the fishery. The department currently administers an observer program for the Bering Sea/Aleutian Islands crab and statewide scallop fishery. Observers in those fisheries are either contracted third -party or department employees and costs are covered either by vessels required to carry an observer or through test fishery revenues generated by the department. Additional costs would be incurred to hire new department employees to administer an observer program. 40 Page 72 of 298 AGENDA ITEM #11.A. Kodiak Island Borough ENGINEERING & FACILITIES DEPT. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9394 Fax (907) 486-9394 E-mail: dconradut kodiakak.us October 15, 2024 Otis Elevator Company ATT Melissa Davidson 619 East Ship Creek #301 Anchorage, AK 99501 RE: Contract Negotiations Dear Ms. Davidson, Since June 28, 2024, the Kodiak Island Borough (KIB) and Otis Elevator Company have engaged in contract negotiations. Following these discussions, KIB sent the initial contract for signature, which Otis returned with proposed revisions. Further communication between both parties took place via email, and on August 21, 2024, KIB submitted an addendum, with the understanding that both parties had reached an agreement on the negotiated terms. On September 10, 2024, Otis sent an email outlining additional conditions that KIB was not willing to accept. Negotiations reached an impasse until a phone call on October 14, 2024, during which the terms were clarified. Otis subsequently confirmed via email that they were unable to accept KIB's original contract or the negotiated terms. In accordance with the Invitation to Bid (ITB), Section 2, Part 18 of the Bid Package, and in light of the inability to reach an agreement, KIB will be canceling the award to Otis Elevator Company without liability to the bidder, except for the return of the bid security, at any time before the agreement has been fully executed by all parties, including the Borough. Furthermore, KIB encourages Otis Elevator Company to participate in future bidding opportunities. We advise that all questions or concerns be submitted in accordance with ITB Section 7, which states that the 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. We look forward to your response and hope to conclude this matter promptly. Sincerely, odi Allen, Project Manager Getter Dated October 15, 2024 Otis Elevator RE: Contract Negotiations Page 1 of 1 Page 73 of 298 AGENDA ITEM #11.A. Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9357 Fax (907) 486-9394 dconrad@kodiakak.us October 15, 2024 Clay Hotchkiss TKE dba Thyssenkrupp Elevator Corp. 2000 W. International Airport Rd., Ste D6 Anchorage, AK 99502 RE: KIB KFRC Elevator Maintenance Services Dear Mr. Hotchkiss: Following our phone conversation on October 14, 2024, the Kodiak Island Borough (KIB) would like to express its appreciation for your continued interest in the project. As discussed, the previous contract awarded to Otis Elevator will not be proceeding. We sincerely thank you and your team for your willingness to honor the pricing submitted in your June 2024 bid. However, after consultations with our management team and KIB attorney, we have decided to terminate the RFP entirely. KIB anticipates rebidding this RFP in the near future, and we welcome your interest as a prospective bidder. Thank you once again for your understanding. We look forward to the opportunity to collaborate with you on future projects. Sincerely, v� Codi Allen Project Manager Kodiak Island Borough Engineering & Facilities Dept. Letter Dated October 15, 2024 TKE Elevator RE: KIB KFRC Elevator Maintenance Services Page I of I Page 74 of 298 AGENDA ITEM #11.A. Kodiak Island Borough ENGINEERING & FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9343 Fax (907) 486-9394 November 18, 2024 TO: Assembly Members FROM: Engineering & Facilities Department RE: Contract FY2024-38 Elevator Maintenance Service Contract Timeline of events regarding the Elevator Maintenance Contract FY2024-38 • Engineering and Facilities (EF) Staff Advertised on May 21, 2024, on Kodiak Island Borough Website • Advertised in Kodiak Daily Mirror May 24, May 31, and June 7, 2024 • Bid Due June 17, 2024, at 2:OOpm. • Evaluated Bid Packages, Determined Otis Elevator Tiered Package was the wining proposal. • Presented to Assembly at the June 25 Work Session, and June 27 Regular Meeting. • Assembly authorized Manager to execute contract on June 27. • Staff sent email with contract to Otis June 28, 2024, to sign and return. • July 9th, 2024, Staff followed up with Otis regarding receiving signed contract documents. • July 12th, 2024, Staff received an email stating that Otis needed KIB to agree to Otis's terms and conditions for the tiered service package. • July 16th, 2024, Staff sent an email letting Otis know we are working on verifying that KIB would be allowed to sign Otis's terms and conditions. • July 181h, 2024, Staff received an email from Otis informing us that there is no difference in service between their tired package and the proposal they provided. • July 23'd, 2024, Staff sent an email with proposed edits to Otis's Tiered Service Agreement (changes that would allow KIB to sign Otis's agreement instead). • August list, 2024, Staff received an email with responses from Otis agreeing, disagreeing, editing, proposed changes to KIB's offer. • August 6th, 2024, Staff sent an email with follow up questions regarding changes. • August 16th, 2024, Staff received email with responses to questions/clarifications. • August 21st, 2024, Staff sent a draft of an amendment to the contract incorporating discussed changes, original contract, and Otis's agreement for Otis to sign. • September 10th, 2024, Otis sent an email with their own acknowledgement from their legal department. Page 75 of 298 AGENDA ITEM #11.A. • September 22"d, 2024, Staff sent a letter to Otis outlining how their acknowledgement reintroduced changes that had already been discussed, along with new items that KIB was not willing to agree to. The letter also provided Otis with the opportunity to accept the original contract with the first amendment, as negotiated, and outlined the procedure of cancellation of the bid if KIB and Otis were unable to come to an agreement. [Attached find a copy of the letter that was sent] • September 261n, 2024, Staff received an email with questions regarding the letter and the acknowledgement that they had sent on September 10tn • October 141n, 2024, Staff and Otis held a meeting over the phone to discuss where the process was up to this point and find a path forward. Otis Staff said they would present the offer one last time to their superiors and let us know if they were willing to accept our original contract with the amendment. • October 14tn, 2024, Otis sent an email stating that they would not be willing to sign our original contract with the amendment and would not be willing to budge on pricing. They also acknowledged that may mean they are not awarded the contract. • October 15tn, 2024, Staff emailed the KIB Attorney to discuss next steps. The attorney supported the decision to cancel the bid process in entirety. Cancelling of the procurement with Section 2, Part 18 Bid Cancellation as outlined in the bid package, cancels the bid for everyone. Cancellation based on this section would mean that there is no opportunity to go to the other bidders and negotiate. To keep the process clean and transparent Staff decided to cancel the bid per Section 2, Part 18, Bid Cancellation. [Attached, find both letters that were sent to bidders.] • October 15tn, 2024, Staff sent a letter to all bidders that the bid has been cancelled in entirety. • October 15tn, 2024, EF Staff asked the Clerks what procedures needed to be done to cancel or void the contract since it had already been authorized by the Assembly on June 27tn, 2024. Clerks stated that per parliamentary Procedure that we had two options. ■ One, amend the awarded contract to go to another entity. ■ Two, to rescind the contract if we are not ready to award to another entity. • October 315% 2024, Staff presented the Rescinding of the Contract FY2024-38 to the Assembly at the Work Session. • November 7tn, 2024, Assembly Regular Meeting canceled, and the agenda item was rescheduled for November 141n, Special Meeting. • November 141n, 2024, Assembly Special Meeting, the Assembly Postponed the item to December 19tn Regular Meeting with instructions given to EF Staff to ask the Attorney if the other bidder can be negotiated with and the contract awarded to them instead. • November 151n, 2024, EF Staff had a phone call with the Borough Attorney who stated that because the bid was cancelled in entirety, no we are not able to go back and negotiate with the other bidder. EF Staff will have to re -bid the whole contract. Please find three letters attached. Thank you, Patricia Valerio, Secretary III, EF Dept pvalerio(c)-kodiakak. us 907-486-9343 Page 76 of 298 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commercial Solid Waste Contract With Waste Connections dba Alaska Waste ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Manager to execute Contract No. FY2019-25 Amendment #2, Version 2, with Waste Connections dba Alaska Waste. DISCUSSION: During the October 17, 2024, Regular Assembly meeting, the Assembly indefinitely postponed the further consideration of the first draft of Amendment #2, instruction to Staff is to return with a minimally revised version to reduce the scope of edits made and ensure the contracts continuity through its term. In response to this directive, Staff and the Borough Attorney reviewed the existing contract, as amended by Amendment #1 in March 2021, and determined it largely aligns with the Assembly's direction from October 17. Accordingly, Staff is now presenting Amendment #2, version two, which includes the following three changes: • Annual Reporting Date changed from February 15 to April 30, to align with the Annual Adjustment Due Date. • Shortening the number of days in which a commercial container will be removed for non-payment from 90 to 60 days. • Adding Appendix A, which is a flow chart for standard services, per the contract as amended by Amendment #1. ALTERNATIVES: 1. Take no action. 2. Reject Version 2 of Amendment #2. FISCAL IMPACT: OTHER INFORMATION: Alaska Waste will also have to be willing to sign this amendment in order for the amendment to be valid. Kodiak Island Borough Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 77 of 298 AGENDA ITEM #14.A.1. Version 2—10.25.2024 SECOND AMENDMENT TO CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE JULY 2019 FIRST AMENDED MARCH 2O21 SECOND AMENDMENT NOVEMBER 2024 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 78 of 298 AGENDA ITEM #14.A.1. Version 2—10.25.2024 This Second Amendment to Contract No. FY2019-25 ("Amendment 2") is made and entered into effective as of the day of � , 20XX ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF ALASKA, INC. ("Contractor'), and KODIAK ISLAND BOROUGH (the "Borough"). Contractor and the Borough are each individually referred to herein as a "Party" and collectively as the "Parties". Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement (as defined below). BACKGROUND A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement") dated July 19, 2019; and B. WHEREAS, the parties agreed and entered into First Amendment Version II on April 12, 2021. C. WHERAS, the parties agree there are additional changes that need to be made as outlined here in Second Amendment. AGREEMENT NOW, THEREFORE, in consideration of the premise and obligations as set forth in this Amendment, the receipt and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows: Article 1— Reporting Period The following change is an adjustment to do with reporting periods for the contractor. 1. Change the Annual Reporting Date. Move the Annual Reporting Date from February 1511 to April 30t1i to align with the Contractor's Annual Adjustment Due Date. a. Section 10.03(a) Reporting is restated to read as follows: "Annual Report. Contractor will submit a complete Annual Report to KIB no later than April 30 of each Contract Year, which shall address the preceding Calendar Year. At a minimum, the Annual Report shall include the following information: [... ]" Article 2 — Commercial Removal of Container for Non -Payment The following change is a reduction in time period which the Contractor is allowed to remove a commercial container for non-payment. 1. Change the Definition of Contract Service Exceptions (6) to be restated to read as follows: "(6) Any commercial or multi -family customer with a past due balance of 60 days or greater will no longer be offered a refuse container for curbside collection and will be billed the rate for the same service they were receiving, but without a container, until the balance is paid in full. Any residential customer with a past due balance of 90-days or greater will no longer be offered a roll - cart for curbside collection and will be billed the rate for the same service they were receiving, but without roll-cart(s), until the balance is paid in full. Once the customer's balance is paid in full, the customer will again be offered a dumpster or roll -cart for curbside collection." Article 2 — Attaching Appendix A: Standard Service Options Flow Chart The following flow chart is hereby attached to the contract as reference material for the public, contractor, and Borough Manager. The flow chart outlines the standard services available to customers. Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services Second Amendment Page 2 of 5 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 79 of 298 AGENDA ITEM #14.A.1. Version 2—10.25.2024 Standard Service Options Flow Chart y d o _ p E Q 3 0 X N T V p- 01 d O Cr 10 � J c w Q (n= a+ J # m o o o A a) E o ^LLJ Y O N C^L V_i .�10 to' ° y p Q pNp rn T 0 {.L w C L+ M7 3 Q U M Q IA O a o ci CM p N V u O p E C .c p .L+ u Y N oCO E t ono 2 E n d p c, 2� �h' Q LD 0W Q vl >- (L �WM�{ 'Q� W U O Q C .� EO MO p O p Z N? g z m O m v U C A O cc '0 U G° A U ° y 7 O p M. 9 a /� N d O � m Li C O L C N LJ } y 6� E l0LO V Z J (n E E O �a o 0� o w 2 d q C d ; :g r v w n ° °° V C t L.P--, /Q(nW 'm Z f00 'a-+ a+ C1 y .ci Q pa N .Q LU wJ �' E C1 y� y ~ w 8 y C p Ap v u Ea .d _O C X Q Q- W ,�y € 1O o '.2...°' CI Ol 0 w c�Z)QZ ci�8�°gSb�� vi M E 00 E Q 3 U = U N N N o a c o H m ;5 3 N C o E c o E v L c .0 o L 7 O e Of �v as E t �' U L) G_ • to 07 y O l0 Q 0 9 0 d m N y 7 J 'E a 'I-:x j ,CO co M .� CM 0 w zU) iai 3v pv E P o w A LLJ O V JL y Cry w d O /0 `1 � V m (n a E w a c a CE- i m LM a p d m co m e c dOO- c MOa5 o E W Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services Second Amendment Page 3 of 5 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 80 of 298 AGENDA ITEM #14.A.1. Version 2—10.25.2024 1. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 2. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. 3. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 4. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Signature Page Follows] Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services Second Amendment Page 4 of 5 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 81 of 298 AGENDA ITEM #14.A.1. Version 2—10.25.2024 IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above. Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: Name: Title: Date: ATTEST: By: Name: Title: Date: The Borough: KODIAK ISLAND BOROUGH By: Name: Title: Date: ATTEST: By: Name: Title: Date: By: Name: Title: Date: Contract FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services Second Amendment Page 5 of 5 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 82 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 1 of 93 CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE MAY 2019 AS AMENDED MARCH 2O21 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 83 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 2 of 93 TABLE OF CONTENTS RECITALS......................................................................................................5 SECTION 1 EXCLUSIWE CONTRACT.............................................................5 SECTION 2 REPRESENTATIONS AND WARRANTIES....................................6 2.01 Contractor's Representations and Warranties.......................................6 2.02 Integration............................................................................................ 7 SECTJON 3 TERM OF CONTRACT.................................................................7 3.01 Initial Term...........................................................................................7 3.02 Specific Provisions to Survive Term......................................................8 3.03 Contractor's Obligations Upon Expiration or Termination .......................9 SECTION 4 TRANSITION PLA.NNING.............................................................7 4.01 Transition Plan....................................................................................9 SECTION 6 GENERAL SCOPE OF CONTRACTOR DUTIES ..........................10 5.01 Collection and Transfer of Refuse ....................................................... 10 5.02 Customer Service.............................................................................. 10 5.03 Fee Collection and Financial Reporting .............................................. 10 5.04 Collection and Transfer of Recyclable Cardboard Material ..................40 SECTION 6 SPECIFIC COLLECTION DUTIES ............................................... 11 6.01 Mandatory Service............................................................................. 11 6.02 Collection from Refuse Carts.............................................................. 11 6.03 Collection from Dumpsters, Roll -Off Containers, or Compactors ........ 12 6.04 Bulky Items........................................................................................14 6.05 Emergency Services.......................................................................... 14 6.06 On -Call, Temporary Dumpster, and Rolloff Collection Service ............. 15 SECTION 7 DISPOSAL OF COLLECTED REFUSE ....................................... 16 7.01 Transportation of Collected Refused to KIB Landfill ..........................1 6 SECTION 8 FUTURE RECYCLING PROGRAM SERVICE..............................16 8.01 General.............................................................................................16 8.02 Prospective Services....................................................................... 1.6 8.03 Methods............................................................................................ 17 8.04 Equipment and Personnel.................................................................. 17 8.05 Final Disposition of Recyclable Materials ............................................ 17 8.06 Documentation.....................................................................................1 7 8.07 Records and Reporting..................................................................... 1.8 8.08 Recyclables Processing and Marketing .............................................. 1 B SECTION 9 GENERAL OBLIGATIONS AND PERFORMANCE STANDARDS 18 9.01 Procedures for Missed Collections..................................................... 18 9.02 Customer Complaints........................................................................ 18 9.03 Unpermitted Waste Screening (or Recyclables if Applicable) .............. 19 9.04 Contract Service Exceptions.............................................................. 20 9.05 Other Special Customer Services....................................................... 21 9.06 Contract Service Assets.....................................................................2.1. 9.07 Service Standards............................................................................. 23 9.08 Billing and Accounting Practices........................................................ 25 SECTION 10 RECORDKEEPING AND REPORTING.....................................25 10.01 Acknowledgement..........................................................................26 10.02 Records......................................................................................... 26 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 84 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 3 of 93 10.03 Reporting...................................................................................................27 10.04 Financial Records and Reports..................................................................27 SECTION 11 CONTRACTOR SERVICE FEE ANO SPECIAL SURCHARGES .......... 28 11.01 Contractor Service Fee Schedule...............................................................28 11.02 Contractor's Costs Covered by Service Fee .............................................. 31 11.03 Adjustment of Contractor Service Fee........................................................60 SECTION 12 MISCELLANEOUS PERFORMANCE OBLIGATIONS ............................37 12.01 Compliance With Applicable Laws............................................................. 65 12.02 Contractor's Personnel...............................................................................67 12.03 Communication With KIB............................................................................67 SECTION 13 INDEMNIFICATION, INSURANCE, LETTER OF CREDIT .....................39 13.01 Indemnification...........................................................................................67 13.02 Required Insurance...................................................................................68 13.03 Payment Security.......................................................................................45 13.04 Guaranty Agreement................................................................................443 13.05 Assurance of Performance.........................................................................45 SECTION 14 CHANGES IN SCOPE OF CONTRACT OBLIGATIONS ........................46 14.01 Changes to Performance Obligations...................................................... 464 14.02 Proposal Requirements..............................................................................46 SECTION 15 BREACH OF AGREEMENT, DAMAGES, AND DEFAULT .....................47 15.01 Liquidated Damages..................................................................................47 15.02 Compensatory Damages............................................................................48 15.03 Defaults.....................................................................................................49 15.04 Excused Breaches and Defaults.................................................................49 15.05 Remedies Upon Breach............................................................................ 80 15.06 Additional Compensatory Damages.......................................................... 82 15.07 Waivers......................................................................................................83 15.08 Costs........................................................................................................ 83 15.09 KIB Right To Perform.................................................................................84 SECTION 16 SUSPENSION OR TERMINATION OF CONTRACT ............................... 57 16.01 KIB's Right to Suspend or Terminate......................................................... 57 16.02 Criminal Activity......................................................................................... 58 SECTION 17 TRANSFER OF CONTRACT................................................................59 17.01 Transfer by Contractor...............................................................................59 SECTION 18 THE PARTIES....................................................................................... 61 18.01 Independent Contractor............................................................................ 61 18.02 Parties in Interest...................................................................................... 61 18.03 Binding on Successors.............................................................................. 61 18.04 Further Assurances................................................................................... 61 18.05 Actions of KIB in Its Governmental Capacity..............................................61 18.06 Contractor's Obligations Performed at Its Sole Expense ............................61 18.07 Parties' Representative..............................................................................61 18.013 Due Diligence............................................................................................90 18.09 No Use of KIB Name..................................................................................90 18.10 Subcontractors..........................................................................................90 SECTION 19 AMENDMENT........................................................................"•63 19.01 Amendments..............................................................................................63 SECTION 20 NOTICES, CONSENTS, AND APPROVALS .......................................... 64 20.01 Notices......................................................................................................64 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 85 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 4 of 93 20.02 Writing Requirements.....................................................................64 20.03 Exercise of Options........................................................................64 SECTION 21 INTEGRATION, GOVERNING LAW, AND VENUE...............................65 21.01 Integration...................................................................................... 65 21.02 Governing Law............................................................................... 66 21.03 Severability.................................................................................... 66 21.04 New Contract................................................................................. 66 21.05 Venue............................................................................................ 67 21.06 Costs............................................................................................. 67 SECTION 22 ADDITIONAL TERMS AND CONOITIONS........................................... 67 SECTION 23 DEFINITIONS........................................................................................68 SECTION 24 EXECUTION..........................................................................................88 EXHIBIT A: REQUEST FOR PROPOSAL EXHIBIT B: LIQUIDATED DAMAGES EXHIBIT C: CONTRACTOR'S PROPOSAL DOCUMENTS Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 86 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 5 of 93 CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES This Contract for Solid Waste Collection and Recycling Services ("Agreement") is made and entered into this Nineteenth (191h) day of July, 2019 ("Effective Date") by and between the Kodiak Island Borough ("Borough" or "KIB"), a second class borough organized under and laws of the State of Alaska, and Waste Connections of Alaska, Inc. dba Alaska Waste ("Contractor"), an Alaska corporation authorized to do business in the State of Alaska, collectively referred to as the Parties. RECITALS WHEREAS, the Borough, pursuant to AS. 29.35.210(a)(4), is authorized to provide for garbage, solid waste, and septic collection and disposal on a non-areawide basis; and, WHEREAS, the Borough, pursuant to Chapter 8.25 of the Kodiak Island Borough Code, regulates the management of municipal solid waste, including its storage, collection, processing, recovery, and disposal; and, WHEREAS. the Borough does so to protect the public safety, health and welfare of the people of the Borough, to protect, preserve, arid enhance the environment within the Borough, and to provide for fiscally responsible solid waste management; and, WHEREAS, the Contractor submitted a proposal to the Borough in response to an RFP that was issued to identify parties qualified to administer the solid waste services and recycling program; and, WHEREAS, based upon the information and representations set forth in the Contractor's proposal, the Borough has determined that the Contractor is the lowest responsible bidder; and, WHEREAS, the Parties wish for Contractor to administer the Borough's solid waste and recycling program, subject to the terms and conditions set forth in this Agreement; and, NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and the mutual benefits conferred hereunder, the receipt and sufficiency of which are hereby acknowledged, the Borough and the Contractor agree as follows: SECTION 1: EXCLUSIVE CONTRACT 1.01 Exclusive Right and Privilege to Provide Contract Services. The KIB grants Contractor the exclusive right and privilege, together with the obligation to provide, Contract Service in the Contract Service Area conditioned on Contractor being at all times ready, willing, and able to meet each and every Performance Obligation. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 87 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 6 of 93 SECTION 2: REPRESENTATIONS AND WARRANTIES 2.01 Contractor's Representations and Warranties. Status. Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of Alaska and is in all respects qualified to do business and perform the Contract Services within the State. b. Authority and Authorization. Contractor has full legal right, power and authority to execute and deliver this Contract and satisfy its Performance Obligations. This Contract has been duly signed and delivered by Contractor and constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with its terms. c. No Conflicts. Neither the execution nor delivery by Contractor of this Contract, the performance by Contractor of its Performance Obligations, nor the fulfillment by Contractor of the terms and conditions of this Contract: (1) Conflicts with, violates or results in breach of any Applicable Law; (2) Conflicts with, violates or results in a breach of any term or conditions of any judgment, order or decree of any Regulatory Authority or any agreement or instrument to which Contractor or any of its Affiliates is a party or by which Contractor or any of its Affiliates' properties or assets are bound, or constitutes a default thereunder; or (3) Will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. d. No Approvals Required. No approval, authorization, license, permit, order, consent, declaration, registration or filing with any governmental or administrative authority, commission, Governing Body, agency or instrumentality is required for the valid execution and delivery of this Contract by Contractor, except those that have been duly obtained from its Board of Directors or other governing body. e. No Litigation. Contractor warrants that there is no current, pending, or, to the best of Contractor's knowledge, threatened action, suit, proceeding or investigation, either at law or in equity, before or by any court, governmental authority, commission, governing body, agency or instrumentality, by or against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would adversely affect the performance by Contractor of its obligations under this Contract or in connection with the transactions contemplated by this Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 88 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 7 of 93 Contract, or which in any way would adversely affect the validity or enforceability of this Contract or any other agreement or instrument entered into by Contractor in connection with the transactions contemplated by this Contract. Contractor further warrants that there is no action, suit, proceeding or investigation, either at law or in equity, before or by any court, governmental authority, commission, board, agency or 'instrumentality pending or threatened, by or against KIB by Contractor. Due Diligence. Contractor warrants that it has conducted such independent investigation, examination and research of the conditions and circumstances surrounding this Contract, including the best and proper methods of providing the Contract Services (including the types of Contract Services), labor, equipment and materials to ensure its ability to provide the Contract Services according to the terms and conditions set forth herein. Contractor agrees that it will make no claim against KIB based on any good faith estimates, statements or interpretations made by any officer, employee or agent of KIB that proves to be in any respect erroneous. g. Compliance with Applicable Laws. Contractor further represents and warrants that it has fully complied with all Applicable Laws, including without limitation any and all laws relating to conflicts of interest, in the course of procuring this Contract. h. Truth and Accuracy of Application. Contractor warrants that the information provided in the proposal it submitted in response to KIB' s Request for Proposals for this Contract, together with any addenda thereto, including all amendments, clarifications, and other communications furnished to KIB as part of that proposal, is true, accurate and complete. I. Updates to Contractor Documentation. Contractor agrees to promptly notify KIB of any change in circumstance that renders untrue any information represented to KIB as part of the competitive procurement process giving rise to the award of this Contract, and shall also do so in the event that it discovers that any representation to KIB was otherwise erroneous. 2.02 Integration. This instrument, as well as all appendices and amendments, set forth the entire agreement of the parties. There exist no other promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. SECTION 3: TERM OF CONTRACT 3.01 Initial Term. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 89 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 8 of 93 a. Contract Commencement Date and expiration of Term. The Contract Term shall commence on July 1, 2020 (Commencement Date") and, unless extended, shall expire in 7 years on June 30, 2027 Termination Date") b. Collection Commencement Date_ The Collection Commencement Date is July 1, 2020. C. Short-term extension. On or before 30 days prior to the expiration of the Term whether original under subsection a) or extended under subsection d), KIB, in its sole discretion, may extend the Term for up to six months. d. Mutual Option to Extend Term. On or before 60 days prior to the following dates: (1) expiration of the Initial Term under subsection a), (2) the extended Term under subsection b), or (3) a portion of the maximum allowable extended Term under this subsection, with KIB and Contractor's mutual agreement, may incrementally extend the Term for up to 3 years in any combination of the following number of years (such as 1 +2, 1+1+1; 2+1). 3.02 Specific Provisions to Survive Term - The following provisions of this Contract will survive the Term: a. all acknowledgements, representations and warranties of the Parties in this Contract; b. all indemnities; C. Contractor Payment Obligations or claims therefore; d. all Contractor's Performance Obligations and KIB's rights with respect to Records, including giving KIB a copy of Records, or allowing KIB to copy, inspect and audit Records, including: • certificates of Insurance or other evidence of Insurance coverage (such as endorsements extending coverage of claims made insurance policies), and • Contract Service Asset Inventory and Contract Service Asset Documentation (for example, with respect to Refuse Carts that KIB has the right to acquire). e. all Contractor's Performance Obligations and KIB's rights with respect to Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 90 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 9 of 93 Reports; including submitting final Reports; f. providing endorsements extending coverage of claims made insurance policies, if 1 B waives the claims made requirement and allows claims made insurance policies; g. any other provision that expressly states that it survives the Termination Date (such transfer of Cart ownership to KIB); and h. any right of either Party vested and any obligation of either Parties accrued before the Termination Date. 3.03 Obligations Upon Termination or Expiration. Sale or Lease of Contract Service Assets. Upon termination or expiration of this Agreement, Contractor may within 10 days enter into good faith negotiations to pem,it KIB or its newly selected contract hauler to purchase or lease those Contract Service Assets, including Refuse Containers, used and owned by Contractor within the Service Area. As part of any such purchase or lease agreement, Contractor shall deliver any and all Contract Service Asset Documents, including, but not limited to: manufacturers warranties, maintenance agreements, financing documents, and recorded financing statements, if any. b. Contractor Removal of Refuse Containers. If the Contract Service Assets are not sold or leased to KIB upon termination of this Agreement, Contractor shall remove all its Refuse Containers from the Service Area within 90 days c. Survival of Obligations. Contractor's obligations under this Section shall survive the termination or expiration of this Agreement, or any extension thereto. SECTION 4: TRANSITION PLANNING 4.01 Transition Plan. a. Contractor's Acknowledgement. Contractor acknowledges that it is of the utmost importance to KIB that the transition from KIB' s current solid waste services provider to the Contractor proceeds smoothly, and without any significant interruption in services. To ensure the continued satisfaction of Customers, it shall, submit their transition plan along with their proposal. To be reviewed and taken into consideration when scoring is done. (1) Timely Collection at each Customer's Premise; (2) Accurate billing for Special Service Surcharges; (3) Efficient distribution of Refuse Containers; (4) That Customer preferences are taken into account with respect to any modifications to pick up days or times, the scope of services, or Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 91 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 10 of 93 program specifications;and b. Contractor Transition Plan. The Contractor shall submit a Preliminary Transition Plan for KIB' s approval at the time of the submission of their proposal. The Final Transition Plan will be submitted for KIB's approval within sixty (60) days of the Notice of Intent to Award which the Contractor shall be able to implement in a manner satisfactory to KIB at the commencement of the contract. The Transition Plan will provide details for responding to Customer complaints and inquiries. c. Compliance with Transition Plan. Contractor will fully implement its Transition Plan, and shall do so In a timely manner. Contractor will direct employees to work overtime and/or add extra shifts. as necessary, without any increase to its Contractor Service Fee to ensure compliance with the Plan. Contractor agrees that it will, on a weekly basis. submit to KIB written status reports in a form and containing such information as is satisfactory to KIB. which shall commence no later than the Friday of the week following the Contract Commencement Date. On the first KIB Business Day each week. and promptly upon KIB request thereafter. Contractor will meet with KIB to review the status of its implementation of the Transition Plan. SECTION 5: GENERAL SCOPE OF CONTRACTOR DUTIES 5.01 Collection and Transfer of Refuse. Subject to the conditions contained herein, Contractor shall, among other things: a. Provide Refuse Containers to Customers; b. Provide Residential and Commercial Collection service; c. Collect Municipal Solid Waste generated in the Service Area; d. Deliver Municipal Solid Waste to the KIB Landfill. 5.02 Customer Service. Subject Io the conditions contained herein, Contractor shall, among other things: a. Serve as the primary point of contact for Customers; b. Resolve Customer complaints in a timely manner; c. Report Customer complaints to KIB; and, d. Perform its Collection and Transfer duties in a professional and courteous manner. 5.03 Fee Collection and Financial Reporting. Subject to the conditions contained herein, Contractor shall, among other things: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 92 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 11 of 93 a. On behalf of KIB, charge Customers a fee or fees in the amounts directed by KIB; b. Remit to KIB such portions of those fees as directed herein; c. Maintain detailed financial records regarding the billing and collection of fees; and, d. Issue Reports to KIB in the manner and at the times directed herein. 5.04 Collection and Transfer of Recyclable Cardboard Material. Subject to the conditions contained herein, Contractor shall, among other things: a. Provide Cardboard Recycling Containers to Customers; and b. Deliver Cardboard Recycling Containers to the KIB designated recycling facility for processing. SECTION 6: SPECIFIC COLLECTION DUTIES 6.01 Mandatory Service. a. Contractor acknowledges that Contractor is required to charge the owner or occupant of a Premises a Service Fee, regardless of whether that owner or occupant self -hauls Solid Waste and discards it in the Dumpster and Roll Off Container at KIB landfill or utilizes Services at Customer's Premises. b. If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with the weekly roll cart fee, based upon 95 gallons or less Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. c. Mandatory Service Notice. Within seven (7) Service Days after receiving notice (based on Contractor's drivers' observations, information and belief, or otherwise} that a formerly unoccupied Premise becomes occupied, or that the individuals occupying the Premises have changed, Contractor will give written notice to the owner or occupant of that Premises that Service is required unless Contractor has already received a request for Service at that Premise, or KIB revokes such provisions of the KIB Code that require mandatory Service. 6.02 Collection From Refuse Carts. a. Automated or Semi -Automated Collection. Contractor will Collect all Refuse Carts using an Automated or Semi -Automated manner. "Automated" means that Refuse Carts are lifted from their Set -Out Site, emptied and set Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 93 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 12 of 93 back down at their Set -Out Site by mechanical means. "Semi -Automated " means that Refuse Carts are rolled by Contractor's employees from their Set -Out Sites into position near the Collection Vehicle; lifted, emptied and set back down by mechanical means; and returned by such employees to their Set -Out Sites. b. Mandatory Collection from Refuse Carts. Beginning on the Collection Commencement Date, and on a weekly basis thereafter, Contractor shall collect all Refuse placed in Carts located at Residential, Multi -family and Commercial Premises within the City of Kodiak, or such other areas as may be designated by KIB in a Notice to Contractor, on the Regularly Scheduled Collection Day. c. Refuse Cart Options. (1) Standard Option. Unless Contractor must provide Roll Off Containers pursuant to Section 6.02, it shall provide each Premises with one 95- gallon capacity Bear -Resistant Refuse Cart for the charge listed on the Service Fee Schedule in Section 11.01, except if the owner or occupant of that Premises directs Contractor to provide a different number of Carts under following Subsection c.(2). (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception be excluded from receiving a roll cart. (2) Customer Requests for Additional Refuse Carts. Contractor will provide Customers with Bear -Resistant Refuse Carts. Additional carts shall be provided upon request, with each additional cart priced at the corresponding Service Fee. d. Cart Rollout Service. (1) Scope of Service. Upon request, Contractor will provide Rollout Service to Customers, as follows: (i) Without Surcharge. Rollout service shall be provided to Senior Citizens and Disabled Customers without surcharge, if the Customer certifies that no able-bodied person resides at Customer's premise. (ii) With Surcharge. If requested, rollout service shall be provided to all other Customers, who shall be charged the surcharge set forth on the Contractor Service Fee Schedule. 6.03 Collection From Dumpsters, Roll -Off Containers, or Compactors. a. Residential, Commercial, or Multi -Family Collection. Generally beginning on the Collection Commencement Date, Contractor will provide all Multi -Family and Commercial Customers within the Service Area with either Residential Roll -Off Containers or Dumpsters, for which Customers shall be Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 94 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 13 of 93 charged in accordance with the Contractor Service Fee Schedule in Section 11.01. Residential Customers whose Premises are located within the portion of the Service Area outside the City of Kodiak shall also be provided with a Residential Roll -Off Container or Dumpster. Contractor will collect Refuse discarded therein at least weekly, on the Regularly Scheduled Collection Day(s) or on alternate or additional days as agreed to between Contractor and the Customer. b. Dumpster Options. (1) Standard Option. Contractor will provide each Commercial Premise and Multi- Family Premise (as defined in section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule in Section 11.01, subject to the following exceptions: (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception receive a bear -resistant Dumpster. (ii) A Customer may direct Contractor to provide a Dumpster of alternate capacity, or one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee Schedule.. (iii) A Commercial Customer which requires one or two 95-gallon roll carts per week to properly store and dispose of their refuse may request and receive a reduction to single or double roll carts charged at the roll cart rate. A Commercial Customer which requires more than two 95-gallon roll carts weekly to securely store and dispose of their refuse will receive service under the standard option, subject to modification only under (ii), (iv), (v), and (vi) of this section. (iv)A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on alternate or additional days as agreed to between the Contractor or Customer, and subject to the Contractor Service Fee Schedule. (v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion determine that there is insufficient room at a premise to place or safely collect one or more dumpsters for each customer using the corresponding set- out site, the Contractor will either: A. Provide one or more carts of the capacity and number that each Customer requires to safely and adequately store its discarded Refuse pending Collection; or B. Allow one or more Customers to share a Dumpster. (vi)Should the Contractor determine that the routine waste volume of a Commercial Premises or Multi Family Premise requires a larger capacity container, the Contractor may provide container(s) of sufficient size and notify the customer and the Borough of the change in container(s). Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 95 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 14 of 93 (vii) If there is a dispute as to the size container required or whether a customer's waste stream requires more than a customer requested container(s) the Borough Manager or designee will review the circumstances and make a final administrative determination. (2) Dumoster Locks. Should a Customer so request, Contractor shall promptly provide dumpster locks, which shall be subject to any surcharge set forth on the Contractor Service Fee Schedule. C. Compactors. Contractor is not obligated to provide a Compactor to any Customer. However, on request of the owner or occupant of a Commercial or Multi -family Premise, Contactor will Collect all Refuse placed inside each Compactor at the frequency requested by that Customer and for the charge listed on the Service Fee Schedule in Section 11.01. d. Roll Off Container at KIB Landfill. Beginning on the Commencement Date, Contractor will deliver a Dumpster or Roll Off Container in any capacity provided on the Service Fee Schedule in Section 11.01, as requested by KIB, to the location specified by KIB at the KIB Landfill. Contractor will replace that Dumpster or Roll -off Container with another Dumpster or Roll Off Container of any other capacity provided on the Service Fee Schedule, within two (2) Service Days of KIB' s request. Contractor will provide KIB with the Service prescribed in Section 6 .03{a) {including container repair and maintenance), as if KIB were a Customer. Beginning on the Collection Commencement Date, Contractor will Collect all Solid Waste placed therein at the frequency agreed to by KIB and the Contractor, and dispose of it at the KIB Landfill, without charge to KIB. e. Cardboard Recycling Containers. Beginning on the Commencement Date, Contractor will deliver a specially fabricated Cardboard Recycling Container in any capacity provided on the Service Fee Schedule In Section 11.01, at the designated locations specified by the KIB. Contractor will collect cardboard recyclable material discarded therein at least weekly, on the Regularly Scheduled Collection Day(s) or on alternate or additional days as agreed to between Contractor and the KIB to ensure that each Cardboard Recycling Container is promptly emptied when container is at capacity. 6.04 Bulky Items. a. Reporting Bulky Items. Contractor's employees must promptly notify Contractor of any Bulky Items that they observe discarded at a Dumpster Set- Out Site. b. On -Call Collection Service and Fees. Contractor must, within three (3) days of a Customer's request, collect Bulky Items with maximum allowable dimensions of 4 x 5 x 6 cubic feet that are discarded at a Set -Out Site. Customers shall be entitled to one such pickup each month; however, Contractor shall charge Customers the surcharge listed on the Contractor Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 96 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 15 of 93 Service Fee Schedule in Section 11.01 for each additional pickup of Bulky Items that occurs within the same calendar month. c. Diversion Program for Bulky Items. Contractor will use reasonable business efforts to divert all bulky Items that it collects. Contractor shall deliver all bulky Items that It does not divert to a facility approved by KIB. 6.05 Emergency Services. Nature of Emergency Services. Within 24 hours of notice by KIB, whether oral or written, Contractor will provide emergency services beyond the scope of the Contract Services at the times and to the extent directed by KIB, including providing vehicles, drivers and other equipment and personnel to cleanup Solid Waste and other debris consequent upon natural disasters such as earthquakes, storms, floods, riots and civil disturbances, for which Contractor will be compensated Contractor's reasonable Reimbursement Costs. To the fullest extent possible, Contractor shall seek KIB' s preapproval prior to incurring any expenses related to the provision of emergency services. b. Reporting. Contractor will cooperate with KIB, the State, and federal officials in filing information related to a regional, state or federal declared state of emergency or disaster as to which Contractor has provided services under this Chapter. c. Emergency Backup Service Plan. Contractor will submit an emergency backup service plan to KIB sixty (60) days prior to the Contract Commencement Date, which shall be subject to KIB's approval. Contractor shall implement that plan if, due to Uncontrollable Circumstances or for any reason whatsoever, Contractor fails, refuses, or is unable for a period of 48 hours to collect and/or at any time transport Solid Waste or any portion thereof to the applicable Solid Waste Management Facility, and the KIB Manager determines such failure reasonably presents a danger to the public health, safety, or welfare. 6.06 On -Call Temporary Dumpster and Roll -Off Collection Service. a. Container Delivery. Upon request, Contractor will deliver a Dumpster or Roll- Off Container, in any number and size available pursuant to the Contractor Service Fee Schedule, at the following times: (1) On the same Service Day if Contractor receives a request before 10 a.m. on that Service Day; (2) On the next Service Day if Contractor receives a request after 10 a.m. but before 4:00 p.m. on a Service Day; and, (3) Within two Service Days, if Contractor receives a request after 4:00 p.m. on a Service Day. b. Collection. Beginning on the Collection Commencement Date, Contractor will collect all Refuse and/or Construction and Demolition (C&D) Debris Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 97 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 16 of 93 deposited in a Dumpster or Roll -Off Container at the frequency requested by the Customer for the corresponding charges listed on the Contractor Service Fee Schedule in Section 11.01. c. Diversion of Construction and Demolition Debris to KIB Landfill. The Contractor shall use Reasonable Business Efforts to Divert Construction and Demolition Debris from disposal. If Contractor cannot divert Construction and Demolition Debris from disposal using Reasonable Business Efforts, it will deliver it to KIB Landfill, subject to the same obligations that Contractor has with respect to Refuse under Section 7. d. Container Pickup. Contractor will pick up such Dumpster or Roll Off Container within two (2) Service Days of a Customer's request or other time agreed to between Contractor and Customer. SECTION 7: DISPOSAL OF COLLECTED REFUSE 7.01 Transportation of Collected Refuse to KIB Landfill. a. KIB Landfill. Contractor will transport and deliver all Refuse that it Collects to the KIB Landfill. Contractor will coordinate that delivery with Holiday Collection schedules and closures for repair and maintenance. Contractor will keep Refuse that it Collects at Residential Premises, whether in Carts, Dumpsters, or Roll -Offs, separate from Refuse that it Collects at Commercial or Multi -Family Premises and will not commingle that Refuse in one Vehicle. b. Compliance and Cooperation. Contractor will ensure that its Vehicles are capable of passing in and out of the door of the baler building at the KIB Landfill. Contractor will cooperate with KIB Landfill operators, and shall comply with all rules in effect at the KIB Landfill, including, but not limited to: (1) Delivering Refuse only at the times and on those days specified by KIB; (2) Following directions to unload Collection Vehicles in designated areas; (3) Accommodating KIB Landfill operations and maintenance activities; and, (4) Complying with KIB's Unpermitted Waste exclusion programs. c. Disposal Fees. Contractor will pay all KIB Landfill Disposal fees, including the fees for Disposal of Refuse that Contractor Collects from Roll -Off Containers and Dumpsters located at the KIB landfill. SECTION 8: FUTURE RECYCLING SERVICES PROGRAM 8.01 General. Contractor acknowledges that, subject to the protocols set forth at Section 14 of this Agreement, KIB may also require Contractor to implement a Recycling collection program. In that event, KIB will request that Contractor submit a proposal to implement such Recycling collection program, which it shall review and consider prior to requesting proposals Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 98 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 17 of 93 from, or negotiating with, any other Person for the provision of these services. However, if KIB and Contractor do not reach agreement by the end of the period specified In Section 14, KIB shall be entitled to take any such other actions as may be permissible pursuant to the terms of this Agreement. 8.02 Prospective Services. If KIB selects Contractor to provide Recycling services, Contractor shall supply all labor, equipment, personnel, quarterly reports, and payment invoices In a timely manner as outlined in this Agreement. The Contractor shall agree to perform all services necessary for the processing and shipment of recyclable materials that it collects within the City of Kodiak and KIB. Contractor will collect and process cardboard, mixed paper/paperboard, newspaper, plastic, aluminum cans and office paper. Recyclable material does not include large metal items such as vehicles, parts of vehicles, appliances or home construction type of siding. Contractor will implement the processing methods and Recyclables collection as described in its Proposal and the final addendum and cover all costs associated with Contractor's collection and handling of Recyclables. 8.03 Methods. Contractor will adhere to the collection plan and processing methods based upon its Proposal and any addenda thereto. 8.04 Equipment and Personnel. The Contractor has identified, In its Proposal and any addenda thereto, the equipment to be used in the collection and processing of Recyclables. This identification shall include the minimum following Information: a. Equipment type: b. Equipment quantities; and, c. Availability of backup equipment. The Contractor has also identified in Its Proposal the number of personnel necessary to meet the requirements of this Agreement. Personnel listed shall include management, supervisory, customer service, equipment operators, collection personnel, etc. Any changes to management personnel shall be promptly communicated to KIB. 8.05 Final Disposition of Recyclable Materials. It shall be the responsibility of the Contractor to ensure that collected material is processed and recycled. To this end the Contractor shall document the final disposition of the collected material as part of its quarterly reporting requirement. 8.06 Documentation. Contractor shall maintain throughout the duration of the Agreement, and for two (2) additional years, documentation on all of the Contract Services provided. Contractor shall maintain records to substantiate all work performed and fees requested. Such records shall include, but not be limited to, daily records on the pounds of processed recyclables, shipment records, and recyclable pick up locations. KIB may request that copies or portions of this documentation be included with Contractor's monthly requests for payment. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 99 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 18 of 93 8.07 Records and Reporting. Records. Contractor will collect and record, on a daily basis, tonnage information, including the gross, tare, and net weight of each load of Recyclables it collects, as well as the receipts from the Recyclables processing facilities, in such a manner that Contractor and KIB may review the amount of Recyclables collected and delivered by Contractor on any given day. b. Reports. Contractor will include a summary of the records for tonnage, and any additional information requested by KIB in its Quarterly Report, as described in the KIB Residential and Commercial Solid Waste Collection and Recycling Services RFP and Contractor's Proposal. c. Inventory. Contractor will submit an updated inventory of Service Assets to KIB on July 1 of each year during the Contract Term, which shall include the following: (1) ) A general description of its maintenance yards, operations facilities, drop off locations, Contractor Office, and any other administrative and customer service offices; and, A list of Vehicles described by type, including manufacture and model number for cab, chassis and body; descriptive notation (i.e. front-end loader, compactor, etc.); number; OMV license number; the age of the chassis and body; type of body (i.e., open -top, closed, etc.); type of fuel used; the date of acquisition: the maintenance and rebuild status; and, lease or installment purchase information. 8.08 Recyclables Processing and Marketing. Contractor may change its selection of Recyclables Processing Facility and notify KIB within 30 days of doing so. If the Recyclables Processing Facility is wholly or partially inoperable for any reason, including uncontrollable circumstances, Contractor will make other arrangements to process Recyclables or to transport the Recyclables to the Recyclables Processing Facility without increase of the Contractor compensation despite any consequent additional costs to Contractor. SECTION 9: GENERAL OBLIGATIONS AND PERFORMANCE STANDARDS 9.01 Procedures for Missed Collections. a. Corrective Action Required. Absent Contract Service Exceptions, on the next Contract Service Day following telephonic or other notice to Contractor, Contractor will Collect without charge any container that Contractor should have Collected, delivered, exchanged, or repaired but did not. If Contractor fails to do so, KIB may provide the Contract Service itself or through a third party and Contractor will reimburse KIB' s Reimbursement Costs thereof. 9.02 Customer Complaints. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 100 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 19 of 93 a. Response. Contractor will respond to all Customer inquiries and complaints (including any inquiry or complaint left with the telephone answering service) within 24 hours following notice to Contractor, and handle all complaints consistent with the requirements of the Customer Complaint Protocol set forth in this Section. b. Customer Complaint Protocol. Contractor will maintain, update as necessary, and follow the Customer Complaint Protocol. Upon commencement of this Agreement and in advance of all updates, Contractor will provide KIB with a copy of the Customer Complaint Protocol for its approval, which shall not be unreasonably withheld. c. Referral to KIB. Contractor will not refer or forward any Customer to KIB for resolution of complaints or answers to inquiries unless Contractor has made all reasonable efforts to resolve the matter, has failed to reach resolution, and the Customer insists. In such event, Contractor shall refer the Customer to the individual specified as the KIB Representative. d. Employee Training. Contractor will train each of its Customer service employees to follow the Customer Complaint Protocol upon starting employment, and periodically thereafter. e. Record keeping and KIB Access to Records. Contractor will maintain a written record of every inquiry and complaint that it receives related to its provision of the Contract Services, including information required by KIB, and provide KIB with a copy of any such inquiries and complaints that occurred in a month by the 15th day of the subsequent month. Contractor will allow KIB access to complaint records at Contractor's Office during Contractor Office Hours. Contractor will provide copies of any Customer complaints and the resolution of those complaints, and other related Records, to KIB within two hours of KIB's request. f. Certain Customer complaints may be directly related to, or require direct input from, the KIB, and Contractor should not be penalized or incur costs for such matters. KIB's invoice for KIB's Reimbursement Costs shall indicate the following (1) the name and address of the Customer; (2) nature of complaint or inquiry; (3) amount of time spent by KIB employee or representative; (4) hourly fees for KIB employees or representatives; and, (5) cost of materials or other disbursements, including phone and postage costs, required to resolve the complaint or answer the question. 9.03 Unpermitted Waste Screening (or Recyclables if Applicable). Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 101 of 298 AGENDA ITEM #14.A.1. 9.04 Contract FY2019-25 As Amended March 2021 Page 20 of 93 a. Protocol. Contractor will develop and implement an Unpermitted Waste (or recyclables if applicable) Screening Protocol in compliance with Applicable Law, which shall be submitted to KIB 60 days prior to the Commencement Date. Any amendments to Contractor's Unpermitted Waste Screening Protocol shall be subject to approval by KIB prior to implementation. b. Inadvertent Delivery of Unpermitted Waste to KIB Landfill. If Contractor inadvertently delivers Unpermitted Waste (or recyclables if applicable) to a Solid Waste Management Facility, Contractor will use its best efforts to identify the Customer that discarded the Unpermitted Waste (or recyclables if applicable) and cooperate with the Solid Waste Management Facility in any related investigations. Contractor will contact any identified Customer and provide that Customer with information on safe disposal of Unpermitted Waste (or recyclables if applicable). Contract Service Exceptions. a. Collection Exception. Contractor shall not be obligated to Collect any Solid Waste in the event of any Contract Service Exception, as defined in Section 23 of this Agreement. b. Notice of Non -Collection. If Contractor does not Collect any Solid Waste (or recyclables if applicable) due to a Contract Service Exception, Contractor must complete and leave a Non- Collection Notice securely attached to a container at or near the Set -Out Site; however, in the event that unsafe conditions do not permit Contractor to do so, it will instead use best efforts to immediately notify the Customer of the unsafe condition, including leaving a Non Collection Notice on the door of the Premise, if safe to do so, or telephoning the Customer. (1) A Non -Collection Notice with respect to Solid Waste {or recyclables if applicable) that is not properly placed inside containers must contain the following information: (i) A reminder that the Customer must place Solid Waste {or recyclables if applicable), except for Bulky Items, in a closed container; (ii) A notice that Contractor is authorized to charge the Customer the surcharge listed on the Service Fee Schedule in Section 11.01 each time the Customer sets out a container that is filled above the container rim such that it will not fully close; (iii) A notice that Contractor is authorized to charge the Customer the surcharge listed on the Service Fee Schedule each time the Customer sets out a container containing household waste that has not been placed within a bag; and, (iv) Instructions on how the Customer can acquire additional Refuse Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 102 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 21 of 93 (or recycling if applicable) Containers from Contractor, including any additional surcharges, or request on -call Collection of Bulky Items. (2) A Non -Collection Notice with respect to Unpermitted Waste (or recyclables if applicable), such as hazardous waste, (items not able to be recycled within the program if applicable), or unsafe materials, must describe where Customer can dispose of the Unpermitted Waste (or recyclables if applicable) or those materials, such as at the KIB Landfill or some other location as designated by KIB. (3) Promptly upon KIB request, Contractor will inform KIB of each Customer to which Contractor gave a Non -Collection Notice. 9.05 Other Special Customer Services. Upon Customer request, Contractor may provide special services in addition to any prescribed Contract Services following approval by KIB based on the following information: a. A description of services, including their proposed scope; and, b. Any additional surcharge to be charged for such service. 9.06 Contract Service Assets. a. Contractor Operations and Maintenance Facilities. (1) Location. Prior to the Contract Commencement Date, Contractor will secure possession and use of such operations and maintenance facilities, including a local Contractor Office, which shall be located on publicly maintained roads within the Borough. Contractor's Office shall be located in the KIB or City of Kodiak at the address provided in Contractor Documentation. If Contractor sites its operations and maintenance facilities in the KIB or City of Kodiak, it will do so in accordance with applicable laws, including zoning laws, with ample ingress and egress for vehicles. Contractor will maintain its facility in a neat, clean and presentable manner, including regular sweeping of related grounds for litter. (2) KIB Access. KIB and its designees shall be permitted to enter Contractor's operations and maintenance facilities or Contractor Office during Contractor Office Hours upon two (2) hours prior notice, and shall be permitted to investigate, observe, inspect and review Contractor's operations and Contract Service Assets. Contractor will make available a management representative or other authorized person to escort each KIB representative through facilities. This right does not limit KIB' s right to inspect Contractor's Vehicles. b. Refuse Containers. (1) Refuse Carts and Dumosters. Contractor will maintain at all times a sufficient number of containers to execute its obligations under this Agreement. All containers shall be on hand and ready for service no later Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 103 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 22 of 93 than the date provided in Contractor Transition Plan, and shall ensure that all Carts and Dumpsters conform with the specifications described in Contractor Documentation, as approved by KIB, Including Bear Carts. In addition, Contractor shall label carts with use instructions approved by the KIB for any new cart user. Basic operating instructions will be hot stamped onto carts. Contractor provides no express warranty of duration for the roll carts, and Contractor's only obligation with regards thereto shall be to provide and maintain such roll carts in accordance with the contract. (2) Roll -Off Containers. Contractor will provide Roll -Off Containers no later than the date provided in the Contractor Transition Plan. Contractor may provide Roll -Off Containers that are not new if, in the sole judgment of the KIB Representative, they are in good repair and appearance. (3) Replacement Containers. Contractor will provide additional and replacement containers (other than Compactors) as necessary to ensure that Customer always has a container. (4) Inventory. Contractor will prepare a preliminary inventory of Refuse Carts and Dumpsters that Contractor will acquire or supply as required by the Transition Plan as Contractor Documentation. In its next Monthly Report following delivery of any Cart as required by the Transition Plan, Contractor will complete and finalize the inventory. In each Annual Report following completion of the Transition Plan, or within ten ( 10) business days upon request by KIB, Contractor will update the inventory to reflect acquisition or replacement of Refuse Carts and Dumpsters, accompanied by a representation and warranty signed by Contractor that all Refuse Carts and Dumpsters meet specifications. (5) Changes in Service. Repair and Replacement. Contractor will exchange, remove and/or deliver containers at the time directed by KIB, and compensated by surcharges, if any, listed on the Contractor Service Fee Table, including for the following: (i) Changes in Service; (ii) Repair of Damaged Containers; and, (iii) Replacement of damaged or stolen Containers. (6) Locks. Within one week of Customer direction, Contractor will provide locks on a Dumpster for the surcharges listed on the Contractor Service Fee Schedule. (7) Reguired Labeling for Roll Carts. Contractor will label Roll Carts with message and use instructions approved by the KIB for any new Cart user. Basic operating instructions will be hot stamped onto carts. Contractor provides no express warranty of duration for the roll carts, and Contractor's only obligation with regards thereto shall be to provide and maintain such roll carts in accordance with the contract. C. Use and Possession of Contract Service Assets. Contractor will either own each Contract Service Asset or ensure that any lease, financing Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 104 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 23 of 93 documentation, rents or purchases by installment or conditional sale agreement with respect to each Contract Service Asset allows KIB 's acquisition or purchase of Contract Service Assets, pursuant to Section 3.03 of this Agreement. Contactor will provide a copy of the Contract Service Asset Document upon KIB' s request. Any Contract Service Asset Document shall: (1) Permit the Guarantor to assume Contractor's obligations and to continue use of Contract Service Assets in performing Contract Services; and, (2) Permit KIB or its designee to assume Contractor's obligations and to continue use of Contract Service Assets in performing Contract Services. 9.07 Service Standards. Contractor will provide Contract Services in accordance with the following provisions: a. Litter, Spills and Leaks. (1) Litter. Contractor will ensure that each collection Vehicle carries a broom and shovel at all times so as to ensure its ability to perform its obligations with respect to material spills and liquid leaks, as provided in this section. (2) Material Spills. Contractor will only transport collected waste and recyclables in covered vehicles. Contractor will prevent materials from escaping, dropping, spilling, blowing or scattering from Vehicles during collection and transportation. Contractor will immediately remove any materials that are dropped, blown, spilled, scattered, or tracked onto any alley, street or public or private place, and dispose of such materials consistent with the requirements set forth in this Agreement. (3) Liguid Leaks. During collection and transportation, Contractor will also prevent oil, hydraulic fluid, paint or other liquid from leaking out of Vehicles. Contractor will ensure that each collection vehicle carries petroleum absorbent materials. Contractor will immediately cover leaked fluids with absorptive materials, remove those materials from the ground and apply a cleaning agent to cleanse the soiled spot. Contractor will assure that no hydraulic fluid or other liquid leaks from any Vehicle onto the pavement. If a leak does occur, Contractor will immediately clean it up. b. Customer Privacy. Contractor will strictly observe and take such actions in its provision of Contract Services as are reasonably necessary to preserve its Customers' privacy rights. Contractor will not reveal information identifying individual customers or the composition or contents of a Customer's waste stream to any person other than KIB, unless otherwise directed by means of a valid court order, unless required to do so by some applicable legal duty, or upon the valid Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 105 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 24 of 93 authorization of the Customer. Further, Contractor will use reasonable business efforts to keep that information confidential among its own staff, consultants, representatives, agents, and any other persons acting on Contractor's behalf. This provision will not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of, waste characterization studies or waste stream analyses that may be required by law. In addition, Contractor will not market, sell, convey, or donate to any person any list with the name or address of Customers. The rights accorded customers pursuant to this section are in addition to any other privacy right accorded Customers pursuant to applicable law. Contractor will use reasonable business efforts to keep information with respect to Customers and customer service information, including, but not limited to, accounts serviced, containers, special services, recyclables inventory, sales of recyclables and contaminants, confidential among staff and its consultants, if any, as permitted by applicable law. c. Vehicles and Drivers. (1) Leak -Proof Vehicles. Vehicles used in collection or transportation of recyclables must have watertight beds of metal or impervious material that can be cleaned. (2) Vehicle Identification. Contractor will ensure that its name and telephone number are clearly shown on each Vehicle, so as to indicate that it is owned and operated by Contractor. d. Pavement and Utilities. Contractor is responsible for damage to pavement and driving surfaces if collection sites are located on public or private property, other than ordinary wear and tear, if the damage is the result of vehicles exceeding the maximum weight limits allowed by applicable Jaw or Contractor's negligent operation of vehicles. Customer or KIB may direct Contractor to promptly repair or replace damaged driving surfaces or utilities or repair and replace them itself or through a third party, to satisfaction of customer or KIB, as the case may be. Contractor will reimburse customer for his or her costs of repair or replacement and KIB or City of Kodiak the reimbursement costs of repair or replacement. Contractor is responsible for damage to public and private utilities, whether located on public streets or property or private property, if damage is the result of the inattention, carelessness or negligence of Contractor. e. Damage to Property or Personal Injury. Contractor shall not intentionally or negligently cause damage to property or personal injury in conjunction with the provision of Contract Services. Contractor agrees to repair or replace any property that sustains damage as a result of Contractor's negligence during the course of its performance of the Contract Services, whether the property is public or private, to the satisfaction of the owner, and will reimburse to the satisfaction of an injured individual, the cost of any personal injury caused by the negligent or willful acts or omissions of Contractor. Notwithstanding any rights KIB may have in such instances for breach of contract and to Indemnification by Contractor, Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 106 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 25 of 93 any and all disputes between Contractor and any other Person regarding damage to private property or any other injury arising out of Contractor's negligence or willful misconduct are civil matters between the Contractor and that Person. 9.08 Billing and Accounting Practices. a. Customer Billing and Fee Collection. (1) Service Fees and Surcharges. Contractor will provide billing and bill collection services at the time and in a manner satisfactory to KIB, consistent with the Contractor Service Fee Schedule, Senior Discount, Adjusted Tonnage Amount, and any other fees directed by KIB. (2) KIB Fees. (i) Amount. On behalf of KIB, Contractor will charge Customers a fee or fees in the amount directed by KIB. Contractor will not separately itemize that fee or fees on invoices to Customers or any other correspondence with Customers, unless authorized by KIB. (ii) Recording Fees. Upon receipt of any Customer's payment of fees for Contract Service, Contractor will simultaneously record receipt of KIB' s fees in separate accounts within Contractor's detailed general ledger. Those fees belong to KIB and not to Contractor. (iii) Remitting Fees to KIB. Contractor will remit to KIB amounts equal to KIB's fees at the time directed by KIB. Contractor may retain the remaining amounts received from Customers as compensation for fully and timely satisfying Contractor 's obligations under this Agreement. b. Customer Service Subscription. (1) Form and Content. Before commencing Contract Service for a new Customer, or changing Contract Service levels or frequency for an existing Customer, Contractor will provide the Customer with a written Subscription Summary. Contractor may include a waiver of damage liability and/or Customer indemnity in connection with Collection on a Customer's private driveway or pavement in form and content satisfactory to KIB. (2) Service Reauests. Contractor will accept Customer's requests for commencement of or changes in regular or special Contract Service by phone, mail, fax or E-mail. (3) Copies. Contractor will provide KIB with a copy of any Subscription Summary promptly upon request. SECTION 10: RECORDKEEPING AND REPORTING 10.01 Acknowledgement. Contractor understands and acknowledges that KIB shall Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 107 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 26 of 93 have a right to review certain Contractor's Records, and to receive Reports, for various reasons including: a. The enforcement of Customers' rights; b. The evaluation of Contractor's performance of its duties pursuant to this Contract; c. To preserve KIB's right to performance of Contractor's Performance Obligations, or to ensure that a third Person or Subcontractor performs its duties pursuant to this Contract; and, d. To confirm and/or determine the amount of any Contractor Payment Obligation 10.02 Records. a. Maintenance. Contractor will keep accurate and complete Records. b. Preservation and Retention. Unless otherwise directed by KIB, specified in this Contract, or mandated by Applicable Law, Contractor will preserve and retain all Records related to Its Performance Obligations for the full Contract Term, including any extensions, and for at least two (2) years following the Termination Date. c. KIB Right to Inspection and Audit of Contractor Records. (1) Location. (i) Contractor acknowledges the KIB's right of inspection, but such inspection shall be of the KI B's own actions and efforts. (ii) Inspection or Audit at Contractor's Office. Upon at least 7 days' prior written request, Contractor will make the Records available to KIB or its designees for inspection, review or audit at Contractor Office during Contractor Office Hours. (2) Scope of KIB's Right to Inspect or Audit. KIB shall have a right to inspect any of Contractor's Records related to Contractor's execution of its Performance Obligations at any time with reasonable notice, and to complete an audit of such Records once per Contract Year. KIB's right to inspect or audit include, but are not limited to, Records pertaining to: (i) Customer Special Service Surcharges that Contractor charged to and collected from Customers; (ii) Contract Fees; (iii) Tonnage of Solid Waste Collected, Processed, Diverted or Disposed; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 108 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 27 of 93 (iv) Customer complaints; and, (v) Other Records necessary to confirm Contractor's compliance with its Performance Obligations. 10.03 Reporting. a. Annual Report. Contractor will submit a complete Annual Report to KIB no later than February 15 of each Contract Year, which shall address the preceding Calendar Year. At a minimum, the Annual Report shall include the following information: (1) Number of personnel employed by Contractor during reporting period, and a description of how many personnel are assigned to specific functions (e.g., drivers, mechanics, administration); (2) Number of Vehicles by type (3) Number of Containers in service, identified by size of container; (4) Location of residential Roll -Off Containers; (5) Disposal load count, weight, and cost for C&D, Commercial MSW, Residential MSW, metal, trash; (6) Annual summary of quarterly Recycling reports; and, (7) Contractor Recommendations. b. Monthly Meeting. Contractor shall participate in a monthly meeting with KIB at a time and location of KIB's choosing. 10.04 Financial Records and Reports. a. Maintenance of Records. (1) Content. Contractor will maintain in Contractor's Office accurate and complete financial Records of the following: Customer receipts; (ii) Payments to KIB (including Contractor Payment Obligations, such as any Contract Fee); and, (iii) Costs and expenses associated with satisfying Performance Obligations, whether by Contractor, its Subcontractor, or another Affiliate. Contractor may maintain financial Records associated with Goods or Services provided by an Affiliate in the office of the Affiliate but will provide KIB with a copy of those Records within ten (10) days of KIB request. (iv) Form. Contractor will maintain its financial Records on an accrual Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 109 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 28 of 93 basis and in accordance with Generally Accepted Accounting Principles. Such Records shall set forth financial information regarding Contractor's operations under this Contract separately from any other operations under other contracts or in other locations, as if Contractor were an independent entity providing service only to KIB. SECTION 11: CONTRACTOR SERVICE FEE AND SPECIAL SURCHARGES 11.01 Contract Service Fee Schedule. Contractor Service Fees adopted by KIB as of the Contract Commencement Date are appended for convenience of the Parties to this Agreement. KIB may amend these Fees pursuant to Applicable law, and consistent with this Agreement. Amended Fees will automatically be deemed to apply to this Contract without any further action. Contractor is deemed to have knowledge of Applicable Law, including KIB resolutions and ordinances. However, for convenience of administering this Contract, the Parties may from time to time amend this Section by attaching the most recent dated current Contractor Service Fee resolution or ordinance to this Section. In addition, if a Customer Requests Service of a capacity and/or frequency not provided in the Contractor Service Fees adopted by KIB, Contractor may charge an appropriate Fee for that service following KIB approval and Customer agreement. a. Amounts Paid by Customers for Subscribed Service. Contractor may charge Contractor Service Fees to Customers as compensation for providing Contract Services in compliance with all Performance Obligations. The Contractor Service Fee will not change except under Section 11.03. The Tonnage Adjustment Amount will be added to or subtracted from the Contractor Service Fee under Section 11.03(b). b. Amounts Paid by KIB for Senior Discount On each July 1 (or other day designated by KIB but no less frequently than annually) KIB will pay Contractor the aggregate amount of Senior Discounts that Contractor gave Customers during the period beginning April 1 of the prior year and ending March 31 of that year (or period commensurate with another payment date designated by KIB). c. Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4.93 to each customer utilizing a roll cart and self- haul customer which will appear on their April 2021 invoice, and on the January invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost determined based on the actual cost of the twelve-month period from November 1st — October 31st preceding the January 1 charge. Actual cost will be determined based upon the costs of picking up any litter and trash around residential roll off containers, not including bulky items which are too large to fit in a trash bag or any hazardous materials, for a distance of 20 feet, to be charged in 1-minute increments of time, for a fee of Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 110 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 29 of 93 $1.00. At the end of each month, Alaska Waste will provide KIB with copies of route sheets to document actual time spent, along with a summary of those sheets. Contractor Service Fee For Cart Service Container Monthly Service Fee Senior Discount 95-gallon Bear -Resistant Roll Cart $49.25 $42.25 (-$7.00) Each additional Roll Cart $49.25 $42.25 (-$7.00) Residential Roll -Off or Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge Contractor Service Fee Surcharges for Services SHALL NOT EXCEED Activity Contractor Service Fee (per occurrence On call Collection of Bulky Waste $20.00 per call (not item) plus Direct Cost of Disposal Distance Charge $3.50 per mile beyond United States Coast Guard base Rollout Service for Non -Eligible $7.36 Customers - Initial 30 feet or fraction Rollout Service for Non -Eligible $6.13 Customers - Each additional 30 feet Beginning 7 months after Collection $25.00 plus Direct Cost of Cart Commencement Date, replacement of Cart in excess of once per calendar year Bear lock for Customers in portion of Contractor to provide all bear resistant Contract Service Area not required roll carts - No initial Customer Charge to have bear locks Lock on dumpster $25.00 to install, no charge thereafter Collection of residential material $6.87 that does not fit in roll -cart Dumpster Clean-up Costs $5.00 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 111 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 30 of 93 Contractor Monthly Service Fee for Dumpsters (Effective 2019 - proposal rates) Dumpster Number of Dumpsters (Scheduled Tips Per Week) 4 1 Iq 3 2 4 3 4 5 6 Extra Pick- Size* U 2 cubic $156.07 $312.15 $468.21 $624.28 $789-35 $936.44 $1248.59 $1560.74 $1872.88 $82.90 yards 2.6 cubic $208.47 $416.95 $625.4-1 $833.88 $-1042.35 $1250.84 $1667.78 $2084.73 $2501.67 $110.74 yards 3 cubic $243.41 $486.81 $730.23 $973.64 $121-7.05 $1460.43 $1947.25 $2434.06 $2920.87 $129.29 yards 3.6 cubic $287.96 $575.91 $863.88 $1151.84 $1439.80 $1727.74 $2303.65 $2879.57 $3455.48 $152.96 yards 4 cubic $317.66 $635.31 $952.98 $1207.64 $1588.30 $1905.94 $2541.26 $3176.57 $3881.89 $168.73 yards 5 cubic $372.43 $744.87 $1 17.29 $1489.72 $1862.15 $2234.60 $2979.47 $3724.34 $4469.20 $197.83 yards 5.5 cubic $399-.82 $799.64 $4199.46 $1599.28 $19O9.100 $2398.98 $3198.58 $3998.22 $4797.86 $212.38 yards 6 cubic $427.21 $854.42 $1281.63 $1708.84 $2136.05 $2563.26 $3417.68 $4272.10 $5126.52 $226.92 yards 8 cubic $544-36 $1088.73 $4633:-98 i $2177.44 $27�.- 2 8^� $3266.18 $4354.90 I $5443.63 $6532.36 i $289.15 yards 1 I I *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters Contractor Monthly Service Fee for Dumpsters (Effective July 1, 2020 - Adjustments permitted under section 11.03) Dumpster Size* Number of Dumpsters (Scheduled Tips Per Week) 1 2 3 4 5 6 Extra Pick -Up 2 cubic yards $313.42 $626.85 $940.27 $1253.70 $1567.12 $1880.53 $83.24 2.6 cubic yards $418.65 $837.30 $1255.96 $1674.61 $2093.26 $2511.89 $111.19 3 cubic yards $488.80 $977.59 $1466.39 $1955.19 $2443.99 $2932.79 $129.82 3.6 cubic yards $578.26 $1156.52 $1734.78 $2313.04 $2891.30 $3469.58 $153.58 4 cubic yards $637.91 $1275.81 $1913.71 $2551.61 $3189.52 $3827.45 $169.42 5 cubic yards $747.91 $1495.82 $2243.73 $2991.64 $3739.55 $4487.45 $198.64 5.5 cubic yards $802.91 $1605.81 $2408.71 $3211.62 $4014.52 $4817.45 $213.24 6 cubic yards $857.91 $1715.82 $2573.72 $3431.63 $4289.54 $5147.45 $227.85 8 cubic yards $1093.17 $2186.35 $3279.52 $4372.70 $5465.87 $6559.02 $290.33 *Contractor Service Fee for Dumpsters multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 112 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 31 of 93 Contractor Service Fee Surcharges for Dum sters Service Description Agreement Section Amount Change in size and number of Section 6.02 $0.00 per exchange Dumpster more frequently per Dumpster than once per Contract Year Locks on Dumpster Section 6.02 $25.00 one-time fee Contractor Service Fee Surcharges for Roll -Off Service Effective July 1, 2020 — adjustments permitted under section 11.03 10-20 cubic 30-40 cubic 10-20 cubic 30-40 cubic yard yards yards yard Compactor Compactor $160.63 per $213.61 $160.63 per haul plus $213.61 per haul plus haul plus disposal fee disposal fee plus $21.25 disposal fee plus disposal fee plus disposal disconnect fee (if $21.25 disconnect fee fee I applicable) if applicable) Contractor Monthly Service Fee for Cardboard Recycling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $160.63 fee per pull $160.63 fee per pull $213.61 fee per pull $213.61 fee per pull 11.02 Contractor's Cost Covered By Service Fee. a. The Contractor Service Fee includes all Contractor's direct costs, indirect costs, as well as any profit or return on investment for providing Contract Services, including the following: (1) Labor, including wages and fringe benefits, drivers, Customer service personnel, supervisors, and administrators; (2) Acquisition, repair and maintenance of Contract Service Assets, Including buildings grounds, and Vehicles; (3) Tools and supplies; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 113 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 32 of 93 (4) Fuel and utilities; (5) Insurance premiums and fees for the Letter of Credit or any further assurance of performance; (6) Taxes; (7) Securing and maintaining Permits and complying with Applicable Law; (8) Fines and penalties for violation of Permits or Applicable Law; (9) Handling Unpermitted Waste discovered in Solid Waste, including disposal thereof as required by Applicable Law; (10) Negligence or misconduct; (11) Fees imposed by Regulatory Agencies, including any Contract Fee; (12) Fees charged by Solid Waste Management Facilities, such as tipping fees a KIB Landfill; and (13) Any other costs associated with the provision of Contract Services not explicitly compensated by surcharge to Customer or charge to KIB. b. Contractor Service Fee is not adjusted for changes in these costs, except under Section 11.03. Reference in this Contract to providing Contract Services "without surcharge" or similar language does not infer that absence of those words, "without surcharge", elsewhere in this Contract, means that Contractor is entitled to either of the following: (1) compensation in addition to the Contractor Service Fee listed on the Contractor Service Fee Schedule; or, (2) reimbursement of Direct Costs or Contractor's Reimbursement Costs. 11.03 Adjustment of Contractor Service Fee. a. Adjustment events and timing. The Contractor Service Fee will be upon direction of the KIB, in its sole discretion. b. Annual Adjustment On July 1, 2020, and each following July 1, the Contractor Service Fee will be adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year (or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor Service Fee. Between April 1 and April 30 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB (see, for example, subsection h). The calculation of the disposal component shall be made based upon the estimated change in the disposal cost proposed as provided Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 114 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 33 of 93 by the Borough Manager or designee. Contractor's statement is for convenience of KIB but is not binding on KIB. KIB may make corrections or adjustments to that statement. After final Assembly approval of any change in disposal rates the disposal component adjustment shall be modified accordingly. The method used to calculate the annual service fee adjustment is set forth in the following subsection c. c. Calculation of Annual Service Fee Adjustment. The annual adjustment will be calculated for five Collection Rate Cost Components and Recycling as follows: (1) Collection & Administrative Cost Component: Annual Changes in the CPI. The operational component identified by the Contractor for each level of service will be adjusted by 75% of the CPI percent change from second half of one year to the next (i.e., from the second half of year n- 1 to the second half of year n, with n being the most current year available), but no greater than 5%, as confirmed by KIB. "CPI" means the second half consumer price index (CPI-U) for Anchorage, Base Period 1982-84=100, Series ID: CUUSA427SAO, not seasonally adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics at www.bls.gov. (2) Fuel Cost Component: Annual Changes in the PPI. The fuel component identified by the Contractor for each level of service will be adjusted by 75% of the PPI percent change from February to February (i.e. from February of year n-1 to February of yearn with n being the current year), but no greater than 5%, as confirmed by KIB. "PPI " means the annual Producer Price Index for No. 2 diesel fuel, Base Period 1982=100, Series ID: WPU057303, not seasonally adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statisticsatwww.bls.gov. (3) Fixed Cost Component: No Change Over the Initial Contract. The fixed costs identified by the Contractor for each level of service will not be adjusted and remain constant over the term of the initial contract. These costs include, but are not limited to vehicle depreciation, leases, cart and container rent (as necessary to maintain containers provided to Contractor at the start of this contract, and for any new containers purchased by the Contractor). (4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued in October 2018), and for the change, if any, in the ratio between tons disposed and the number of customers served (compared to the ratio as calculated in October 2018). (5) Profit: No Change Over the Initial Contract. The percentage of profit (operating margin) identified by the Contractor for each level of service will not be adjusted and remain constant over the term of the Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 115 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 34 of 93 initial contract. Profit is calculated as a percentage of the total Collection rate. (6) Recycling: Annual Chances in the CPI. The Contractor Service Fee for Recycling will be adjusted by 75% of the CPI percent change, if any, from second half of one year to the next (i.e., from the second half of year n-1 to the second half of year n, with n being the most current year available), in the CPI during the period commencing April 1 of the previous year and ending March 31 of the current year, but no greater than 5%, as confirmed by KIB. d. Summary of Service Fee Adjustments. The following table summarizes the Contract Service Fee adjustments for each Collection Rate Cost Component: Rate Cost Component Adjustment 1) Collection and Administrative Costs CPI 2) Fuel PPI 3) Fixed Cost Fixed 4) Disposal Cost Tonnage rate and tons per customer 5) Profit % of Rate Total Collection Rate Sum of Above e. Adjustment for Changes in Operations. As soon as possible following agreement of the Parties under Section 14, the Contractor Service Fee will be adjusted for a change in Contractor's Direct Costs of providing Contract Services due to changes in Performance Obligations. To the extent permitted by Applicable Law, an adjustment will reflect Contractor's costs from the date incurred. The Contractor Service Fee will not otherwise be adjusted (for example, no adjustment will occur for any changes in the price of fuel). f. Rounding. (1) Calculations. Interim calculations shall be rounded to the nearest hundredth Le., 0.499 and 0.510 shall be rounded to 0.50, excepting percentage changes used in calculations, which shall be rounded to the nearest hundredth percent i.e., 0.50% (2) Dollars. The final adjustment in Contractor Service Fee shall be rounded to the nearest penny. g. No Adjustment if Any Breach or Default Remains Uncured. The Contactor Service Fee will not be adjusted upwards if Contractor has Breached this Agreement or Defaulted on any Performance Obligation, and such Breach or Default remains uncured: h. Example Calculations of Annual Adjustments in Contractor Service Fee. The following is an example of how annual adjustments to the Contractor Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 116 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 35 of 93 Service Fee will be calculated. The escalation, tonnage, and dollar amounts shown are examples only. (1) Annual adjustment of Collection and Administration Cost Component Due to Chanae in CPI. Calculation of% 2nd half, current year- 1 223.83 change in CPI 2nd half, current year - 2 220.62 Percent Change 1.45% (not more than 5 /° Portion of% 75% 1.09% change (2) Annual Adjustment of Fuel Cost Component Due to Change in PPI. Calculation of February, current year 120.5 change in PPI February, current year - 122.3 Percent Change -1°.47% {not more than 5 /° ) Portion of% 75% -1.10% change (3) Disposal Cost Adjustment EXAMPLE ONLY Row 2018 2019 2020 2021 Tonnage Rate Adjustment 1 Base Tonnage Rate ($/ton $362 when proposal submitted) 2 Tonnage Rate in next contract $398 $398 $398 year (July 1 - June 30) 3 Percent increase (decrease) ° 9.94 /o 9'94% 9.94% from contract start Disposal Ton -per -Customer Adjustment 4 Prior year tons, actual 8,588.19 8,766.58 8,843.25 8,972.45 (January 1 - December 31) 5 Customer actuals (as of April 3,115 3,150 3,245 3,240 9) 6 Ratio, tons / customer 2.757 2.783 2.725 2.769 7 Percent increase (decrease) 0.94% -1.16% 0.44% from contract start Disposal Cost Component Adjustment, effective July 1 8 (1 + Row 3) x (1 + Row 7) - 1, 10.98% 8.67% 10.43% rounded to hundredths Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 117 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 36 of 93 9 Disposal Cost Component $14.83 $16.46 $17.89 $19.75 Note: Green cells are the contract start, which is used as the basis for calculations in all future years. Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale house records. "tons and customers refer to residential accounts+ commercial dumpsters. The number of residential customers refers to roll cart customers and self -haul customers. The number of commercial customers refers to the number of containers in service. It excludes commercial roll offs where customers are billed for the actual cost of disposal. All numbers shown are examples (not actuals) shown for illustrative purposes. In this example, the disposal component of rates in initial proposal would be adjusted by 5.64% to take effect on the contract start date. The initial proposal rates would be adjusted by 7.27% and would take effect on July 1, 2020, and 9.01% on July 1, 2021. (4) Examole Aoolication of Annual Uodate to Rate Components. Cost Components Rate Component Proposed Rate Next Year Adjustment Method Rate Adjustment Rate s Collection and Administrative CPI $13.57 $0.15 $13.72 Costs Fuel Fuel PPI $3.30 ($0.04) $3.26 Fixed (rent, depreciation, lease) No inflators $9.00 $0.00 $9.00 Disposal Cost Tonnage rate and $14.83 $0.84 $15.67 (Pass Through) tons/customer Subtotal $40.70 $0.95 $41.65 Profit (7.5% of $3.30 $0.08 $3.38 Rate Example Rate $44.00 $1.03 $45.03 (5) Adjusted Contractor Service Fee. The adjusted contractor service fee will be the current rate plus the sum of the rate adjustments. SECTION 12: MISCELLANEOUS PERFORMANCE OBLIGATIONS 12.01 Compliance With Applicable Laws. a. In General. All actions taken by Contractor under this Contract shall comply with all Applicable Laws. No Performance Obligation may be construed to relieve Contractor of any obligations imposed by Applicable Law. Contractor shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to complete its Performance Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 118 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 37 of 93 Obligations. If a Permit issued by KIB remains in effect after the expiration or termination of this Contract, Contractor nevertheless may not operate within KIB for collection of Solid Waste formerly collected under this Contract. THIS PROHIBITION WILL SURVIVE THE TERMINATION OF THIS CONTRACT and KIB may seek specific enforcement of this prohibition pursuant to the provisions of this Agreement and as otherwise authorized by law. At least 60 days prior to the Contract Commencement Date, and thereafter as requested, Contractor shall promptly deliver to KIB copies of any and all Permits, as well as other documentation, sufficient to evidence that Contractor has complied with all permitting and licensing requirements mandated by Applicable Law. Contractor shall pay all taxes pertaining to its Performance Obligations under this Contract. b. No Limitation on Duty to Comply. References in this Contract to particular provisions or requirements of Applicable Law may not be construed to limit Contractor's obligation to comply with all provisions of Applicable Law. Those references are intended to facilitate Contractor's satisfaction of its Performance Obligations and KIB's administration and specific enforcement of this Contract. Those references may not be construed to constitute lack of Contractor obligation to comply with other provisions or requirements of Applicable Law that are not specifically referred to or cited in this Contract. If any provision of this Contract is more stringent than Applicable Law, Contractor will comply with that provision. c. Fines and Penalties. Contractor is solely liable for all fines and penalties that are imposed due to Contractor 's actions, including fines and penalties that are the result of Contractor's Violation of Applicable Law. Contractor will not seek reimbursement from KIB or any Customer for any fines or penalties so imposed. Contractor will inform KIB within 24 hours upon receiving any violations, fines or penalties. d. Contractual Obligations. All Applicable Laws are incorporated in this Contract by reference as if set forth fully herein, and Contractors compliance with such shall be construed as part of Contractor's Performance Obligations. If any Applicable Law is inconsistent with this Contract, the more stringent will apply. (1) Breaches. In addition to or in lieu of prosecuting violations of the KIB Code as misdemeanors, infractions, or other manner provided under the KIB Code, KIB may enforce Contractor's obligations under Applicable Law (Including the KIB Code) in the same manner as it may enforce Contractor's other contractual obligations under this Contract (including specific performance and as Breaches subject to cure), whether or not noncompliance with those provisions of Applicable Law has become a Violation. Neither prosecution of Contractor for noncompliance with Applicable Law nor enforcement of Applicable Law shall be a condition precedent to enforcing those Performance Obligations. In determining whether or not Contractor is in noncompliance with those provisions, the standard of proof applicable Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 119 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 38 of 93 to breach of contract will apply. KIB has no obligation to enforce any Applicable Law. (2) Violation. Contractor •s Violation of Applicable Law is a Default subject to contest pursuant to Section 15of this Contract. e. KIB's Protection of Public Safety, Health, and Welfare. Contractor acknowledges that KIB is authorized to make all necessary and reasonable rules and regulations regarding all aspects of MSW Management Services to protect the public's health, safety, and welfare. No provision in this Contract may be deemed to limit KIB's power to take any action that KIB, in its sole discretion, deems necessary or appropriate to protect the public's safety, health , and welfare . f. Compliance With KIB Code. Contractor must comply with the KIB Code, subject to possible adjustments in Contractor Service Fee in the event of Changes in Law. Contractor warrants and represents that it is fully acquainted with the provisions of KIB Code. Contractor must pay Liquidated Damages with respect to non-compliance with specified provisions of the KIB Code, including failure to remedy any Violation of KIB Code within five (5) days of the date of notice of Violation, and in the event of conviction of a Violation. g. Inspection or Audit at Contractor's Office. Upon at least 7 days' prior written request, Contractor will make the Records available to KIB or its designees for inspection, review or audit at Contractor Office during Contractor Office Hours. 12.02 Contractor's Personnel. Identification, Appearance, and Conduct. Contractor will train and require each of its personnel to present a neat, tidy and orderly appearance, and shall require those personnel responsible for Collecting, Delivering, and Disposing of Refuse or Recyclables to wear uniforms and safety vests identifying them as Contractor's employees. Employees shall be directed to conduct themselves in a courteous manner, refrain from using loud or profane language while on duty, and to perform Collection in as quiet a manner as possible. b. No Gratuities. Contractor will not permit its personnel to demand or solicit, directly or indirectly, any additional compensation or gratuity from any Customer or member of the public. c. Compliance with OSHA. Receipt of a citation or failure -to -abate notice from the State Division of Occupational Safety and Health or any other similar Regulatory Authority shall constitute a Breach of this Agreement. 12.03 Communication With KIB. a. KIB Point of Contact All official communications from Contractor to KIB regarding this Agreement, or any of the Parties' respective rights and obligations thereunder, shall be directed to the Project Manager. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 120 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 39 of 93 b. Responsiveness to KIB. (1) Telephone Calls. Contractor will return any telephone calls it receives from KIB, to the individual who made that call, no later than the next KIB Business Day. (2) Meetings. Within one week of oral or written direction by KIB, Contractor will meet with KIB during KIB Office Hours at the location directed by KIB. (3) E-mails. Contractor will respond to all a -mails from KIB within two (2) KIB business days. (4) Written Correspondence. Contractor will respond to written correspondence from KIB within one week of receipt, or at such other time as may be specified by KIB. SECTION 13: INDEMNIFICATION, INSURANCE, LETTER OF CREDIT 13.01 Indemnification. a. Contractor's Agreement to Indemnify KIB. To the extent allowable under Applicable Law, Contractor agrees that it will Indemnify and hold harmless, defend with counsel approved by KIB, and release KIB and KIB's Related Parties from and against all Liabilities and Losses paid, incurred or suffered by, or asserted against, KIB or KIB's Related Parties arising out of or in connection with this Contract, including in connection with any alleged failure of KIB or KIB's Related Parties to enforce provisions of this Contract or of Applicable Law. Contractor understands and acknowledges that this is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e), and any corresponding provisions of the laws of the State of Alaska, to insure, release, protect, hold harmless and indemnify KIB from Liabilities and Losses set forth herein. b. Indemnity for Liabilities and Losses Arising from Contract Services. Contractor's Indemnity is limited to Liabilities and Losses resulting from Contract Services provided by Contractor from the Contract Commencement Date through the Termination Date. However, CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. Reimbursement of Enforcement Costs. If Contractor fails to pay any Indemnities and that failure results in any costs to KIB, within fifteen (15) days of KIB request, Contractor will pay KIB's Reimbursement Costs. 13.02 Required Insurances. a. Coverage Requirements. Without limiting its Indemnities, Contractor will secure and maintain insurance coverage meeting the requirements in this Section. KIB may require Contractor to secure and maintain larger amounts or types of coverage If it compensates Contractor the Direct Costs of the additional premium for that coverage under Section 11.02. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 121 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 40 of 93 Contractor may use a combination of primary and excess insurance coverage to satisfy these requirements. KIB may reduce insurance requirements If it determines that the reduction is in KIB' s best interest. Each liability policy must provide contractual liability coverage for Contractors Indemnities, including any necessary endorsement, schedule or other documentation. (1) General Liability Insurance. Written on ISO policy form CG 00 01 (occurrence) or its equivalent (and not CG 00 02 claims made) with limits of not less than the following: General Aggregate: $4 Million Products/Completion Operations Aggregate: $4 Million Personal and Advertising Injury: $1 Million Each Occurrence $2 Million (2) Liability Coverage for Pollution Conditions Resulting from Transported Cargo. With a limit of not less than $2 million per occurrence covering Liabilities and Losses that the Contractor becomes legally obligated to pay as a result of claims for bodily injury, property damage, cleanup costs and other fines, fees or expenses assessed by federal or state agencies, KIB, or third parties, which result from pollution conditions caused by transported cargo, including waste. For the purposes of this subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant - such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials - into or upon land, any structure on land, the atmosphere, or any watercourse or body of water, including groundwater, provided the conditions are not naturally present in the environment in the amounts or concentrations discovered . Contractor's general liability policy may be endorsed to provide for this pollution liability coverage. (3) Automobile Liability Coverage. Such insurance coverage shall be: written on ISO policy forms CA 00 12 or CA 00 20 (or their equivalent) with a limit of liability not less than $2 million for each accident endorsed to delete the pollution and/or the asbestos exclusion and include pollution liability (using form CA 99 48 or its equivalent) for accidental spills and discharges while transporting and/or processing materials; and, must cover all Vehicles that Contractor operates on public roads. (4) Financial Responsibility Coverage. If Contractor is subject to federal regulations, Contractor also will maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (5) Workers' Compensation and Emplovers' Liability. Contractor shall maintain coverage that meets the following requirements: (i) Workers' compensation benefits required by Applicable Law Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 122 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 41 of 93 (including the State Labor Code or by any other state labor law), and for which Contractor is responsible; and, (li) Employers' Liability coverage with limits of not less than the following: Each Accident : $1 Million Disease — Policy Limit $1 Million Disease — Each Employee $1 Million b. Insurer qualifications. Contractor will secure insurance provided by an insurer that: (1) Is deemed acceptable by KIB; (2) Is an admitted company authorized to do business in the State of Alaska; (3) Has a size category of VII or larger by AM. Best Company, Inc.; and, (4) Has a rating of A or better by AM. Best Company, Inc. c. Insurance Coverage Requirements for Subcontractors. Contractor will insure each Subcontractor performing Contract Services or transportation of Solid Waste by providing evidence that either: (1) Contractor is maintaining insurance required by this Section covering the activities of the Subcontractor; or, (2) The Subcontractor is maintaining that insurance itself d. Evidence of Coverage. Contractor will provide certificates of insurance, endorsements, schedules and other evidence of insurance coverage requested by and acceptable to KIB at the following times: (1) On or before the Contract Commencement Date, (2) With submission of each Annual Report, (3) Promptly upon renewal of policies, and (4) Within ten (10)days of KIB's request. e. Certificates of Insurance. Contractor will provide certificates (or other evidence of coverage) containing, at a minimum, the following information with respect to Contractor and any Subcontractor (11 Contract Name. Certificates of Insurance must explicitly identify this Contract (for example, UNDER DESCRIPTION OF OPERATIONS), and if necessary to secure contractual liability coverage as an "insured contract" or otherwise, including a schedule or endorsement that specifically identifies this Contract; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 123 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 42 of 93 (2) Policy Details. Coverage type(s), policy numbers, policy effective and expiration dates, policy limits, and identification of each required insurance services office (ISO) policy form or confirmation of its equivalency to ISO policy forms required under this Contract (such as "auto liability ISO form CA 00 12"). Where this Contract does not require a specific ISO policy form, the certificate of insurance must specifically reference the required type of coverage (such as "pollution liability" under TYPE OF INSURANCE - OTHER) together with a summary description of its coverage (such as "pollution conditions caused by transported cargo" under SPECIAL PROVISIONS); (3) Thirty -Day Cancellation Notice Requirement. Certificates of Insurance shall contain the express condition that KIB must be given written notice by mail at least thirty (30) days in advance of cancellation for all policies evidenced on the certificate of insurance. Endorsements cannot contain mere "best effort" modifiers or relieve the insurer from its responsibility to give that notice and the CANCELLATION information on the certificate of insurance must delete language such as "failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives". (4) Deductibles and Self -Insured Retentions. Certificates of Insurance shall identify any deductible and self -insured retention. Upon KIB request, Contractor will reduce any self -insured retention as it applies to KIB or provide a letter of credit, certificate of deposit or other financial assurance acceptable to KIB guaranteeing payment of all retained losses and related costs and expenses related to investigations, claims administrations, and legal defense. The letter of credit or certificate of deposit must be provided by a bank satisfactory to KIB; and (5) Claims Made. If KIB waives the prohibition on procuring claims made policies and insurance coverage is written on a claims -made form, then evidence is required that the "retro date" is before the Contract Commencement Date. Contractor must maintain that coverage for at least five (5) years after the Termination Date (or longer as required under this Contract). Promptly upon KIB request, Contractor must provide KIB with evidence of that coverage. THIS PROVISION SURVIVES THE TERMINATION OF THIS CONTRACT. Endorsements. Contractor must provide copies of the following endorsements or other documentation with respect to Contractor and any Subcontractor satisfactory to KIB: (1) Additional insured endorsement to each liability policy, explicitly adding KIB and its "officers, agents, and employees" as an additional insured party; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 124 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 43 of 93 (2) Waiver of subrogation; (3) Establishing Contractor's insurance as primary, with respect to all liabilities arising from Contractor's performance of any and all Contract Services; and, (4) Providing dedicated limits under a liability policy in favor of KIB as an additional insured. g. Schedules. Contractor must provide schedules or other evidence that liability policies of Contractor and any Subcontractor provide contractual liability coverage for Indemnities, such as listing this Contract as an "insured contract". h. Signature verification. At KIB' s request, Contractor must provide documentation verifying that the individual signing or countersigning the certificates, policies, endorsements, or other evidence of coverage of Contractor and any Subcontractor is authorized to do so and identifies his or her company affiliation and title. KIB may require complete, certified copies of Contractor's insurance policies at any time. i. Notice of claims. If any Person makes a claim against Contractor or any Subcontractor exceeding the amount of any deductibles or self -insured retentions, Contractor will promptly notify KIB of the claim. j. Contractor accounting. Contractor will institute a comprehensive accounting system satisfactory to KIB to monitor all insurance requirements under this Contract, including those of each of its Subcontractors. k. Contractor compliance. Contractor will comply with all requirements of its insurance policies and insurers. 13.03 Payment Security. Contractor shall provide the following to ensure payment of disposal fees and reimbursement of billing costs incurred by KIB in the event of a Default or Breach by Contractor: a. Performance Bond. Contractor shall provide a Performance Bond to KIB issued by an insurance company approved by KIB to secure payment of delinquent disposal fees in the following principal amounts: (1) During the first contract year: $348,000.00 (2) During the second contract year: $382,000.00 (3) During the remainder of the contract term: an amount equal to 3 months of the average disposal fees paid during the previous contract year. b. Pledged Bank Account. Contract shall deposit with a Bank approved by KIB the sum of $55,000.00 to be used to reimburse KIB for costs it may incur in billing refuse Customers in the event of a Default or Breach by Contractor under this Agreement. KIB shall be named as the only party authorized to Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 125 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 44 of 93 make withdrawals from the account, and Contractor shall direct the Bank that holds the account to deliver monthly statements to KIB. Any interest on the account shall be payable to the Contractor. c. Payment Upon Default. (1) In the event that Contractor fails to pay disposal fees when due, or is otherwise in Breach or Default of this Agreement, KIB may draw upon the Performance Bond, in one or more drawings, any amounts of money due to KIB but unpaid. (2) KIB may draw on the Pledged Bank Account, in one or more drawings, any reasonable expenses incurred by KIB in the event that, due to Contractor's Default or Breach, KIB assumes responsibility for issuing billing statements to Customers for refuse services. d. Return of Security. 1) The Performance Bond shall terminate, and amounts in the Pledged Bank Account may be paid to Contractor, no earlier than the date upon which KIB issues a certificate stating that: This Contract has expired; or, (ii) This Contract has been terminated for a period of 180 days or such other preference period provided under applicable law with respect to Contractor's bankruptcy or insolvency; or, (iii) Contractor has substituted an alternative letter of credit or other security document that KIB, in its sole discretion, has deemed acceptable; and, (iv) Contractor has paid to KIB all amounts to which it is entitled under this Contract. e. Survival of Tenns. THIS SECTION 13.03 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. 13.04 Guaranty Agreement. Any Person that served in any way as the basis for KIB' s evaluation of Contractor's financial strength and creditworthiness as part of Contractor's proposal to KIB must be made a legal, valid, and binding Guarantor of this Contract, and proof of such must be submitted to KIB in a form that KIB deems satisfactory. 13.05 Assurance of Performance. In addition to any other remedies available to KIB pursuant to this Contract or any other applicable laws, it may at its sole discretion demand from that Contractor provide reasonable assurances that it will fully satisfy any of its Performance Obligations, and that such assurances be provided by a specified date, in any of the following instances: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 126 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 45 of 93 a. Labor Unrest. Contractor is the subject of, or is otherwise affected by, any labor unrest, including work stoppage or slowdown, sick-out, picketing, lock- out, or other concerted job action, which continues in excess of six (6) days. b. Insolvency. KIB reasonably determines that Contractor is unable to regularly pay its debts as they become due, as demonstrated by Contractor's failure to pay: (1) Any tipping fee(s) at any Solid Waste Management Facility; (2) Any insurance deductibles or self -insured retention; (3) Any employee's wages; and, (4) Any other bill, such that it becomes delinquent for a period of more than 60 days. c. Monetary Judgments, Penalties, or Fees- Contractor is the subject of fines, penalties, or civil or criminal judgments or orders entered by any court, federal or State agency, or Regulatory Authority, which are or are estimated to be in excess of the past three (3) months of Contractor Service Fees collected by Contractor. SECTION 14: CHANGES IN SCOPE OF CONTRACT OBLIGATIONS 14.01 Changes to Performance Obligations. a. Upon Request by KIB. KIB may request that Contractor implement a change of its Performance Obligations under this Contract. Unless otherwise directed by KIB, Contractor shall submit its proposal within ten (10) KIB Business Days. KIB may withdraw its request at any time, for any reason. b. Upon Contractor's Request. Contractor may propose a change to its Performance Obligations under this Contract by submitting a Proposal to KIB, which shall conform with the requirements of Section 14.02. 14.02 Proposal Requirements. a. Contents. In its proposal, Contractor will include such supporting documentation as KIB deems necessary, and must describe its detailed plan for implementing the requested or proposed changes, and such description shall include the following: (1) A task list and time -line implementation schedule; (2) Goods or Services, including any Subcontractor, necessary to implement the change; and, (3) Any change in Contractor Service Fee and cost substantiation therefore, including Contractor's changes in Direct Costs, taking into Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 127 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 46 of 93 account both incremental Direct Costs and savings offsets, such as any: (i) Vehicle modifications; (li) Addition of Receptacles, Vehicles, or routes; (iii) Shortening or extension of route time; (iv) Changes to personnel; and, Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 128 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 47 of 93 (v) Increases in transportation distance or time to a Solid Waste Management Facility. b. Contractor's Proposal Deemed an Offer. Contractor's proposal will be deemed Contractor's offer to KIB to implement the directed or proposed change. Contractor's proposal will remain binding for at least thirty (30) days from the date that it has been submitted to KIB. C. Review by KIB. (1) Response/Comments. Within thirty (30) KIB Business Days of receiving Contractor's proposal, KIB may review, approve, or disapprove the proposal, or propose amendments to it. If KIB does not respond within that time, its approval will be deemed denied. If Contractor's proposal includes a request for change in the Contractor Service Fee that must be approved by the Assembly, KIB may review, approve or disapprove the proposal within forty-five (45) days. (2) Acceptance of Comments. Contractor will accept or reject any proposed amendments within fifteen (15) KIB Business Days of receiving them. If Contractor accepts the amendments, KIB will prepare a formal amendment to this Contract that will implement the proposal. (3) Refection of Comments J Negotiations. If Contractor rejects KIB's comments, the Parties will negotiate in good faith for a period of at least fifteen (15) KIB Business Days following Contractor's receipt of KIB comments. SECTION 15: BREACH OF AGREEMENT, DAMAGES, AND DEFAULT 15.01 Liquidated Damages. a. Acknowledgements. The Parties hereby acknowledge that: (1) KIB has incurred considerable time and expense negotiating this Contract to secure an improved level of Collection and Recycling service quality, increased Diversion and increased Customer satisfaction. Therefore, consistent and reliable Contract Services are of utmost importance to KIB and Customers. (2) In awarding this Contract to Contractor, KIB considered and relied on Contractor's municipal references, experience, qualifications, and reputation as to service quality, and Contractor's Breach represents a loss of bargain to KIB. (3) Quantified standards of performance are necessary and appropriate to ensure consistent and reliable Contract Service, and if Contractor fails to Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 129 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 48 of 93 Contract Na. FY2019--25 meet Performance Obligations, KIB will suffer damages in subjective ways and In varying degrees of intensity that are incapable of measurement in precise monetary terms. The Imposition of liquidated damages is not a penalty, but is instead recognition of the difficulty in ascertaining those damages that may reasonably result from Contractor's breach of its Performance Obligations . (4) Termination of this Contract for Default and other remedies provided in this Contract are, at best, a means of future correction and not remedies that make KIB whole for past Breaches. b. Non -Waiver. KIB's assessment of Liquidated Damages for Contractor's breaches does not preclude KIB from enforcing the KIB Code in the event that such breaches constitute Violations. C. Procedure. (1) Notice of Intent to Assess Liquidated Damages. Before KIB may assess Liquidated Damages pursuant to this Section, for each category of violation (that is, for each of the categories listed in Exhibit B), KIB shall give Contractor written notice of Contractor's violation of the performance standard and of KIB's intent to assess Liquidated Damages for any future violation of the same performance standard. The purpose of this provision is to give Contractor notice that KIB considers Contractor to have violated a performance standard, and that KIB will assess Liquidated Damages if such violations are repeated. (2) Procedure for Review of Liquidated Damages. KIB may assess Liquidated Damages pursuant to this Section monthly. At the end of each month during the term of this Agreement, KIB shall issue a written notice to Contractor ("Notice of Assessment") of the Liquidated Damages assessed and the basis for each assessment. The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the to present evidence that the assessment should not be made. KIB shall schedule a meeting with Contractor as soon as reasonably possible after timely receipt of Contractor's request. KIB shall review Contractor's evidence and render a decision sustaining or reversing the Liquidated Damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor. In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, KIB determination shall be final and KIB may assess the Liquidated Damages, unless KIB waives this requirement. Liquidated damages shall be assessed according to the schedule set forth in Exhibit B. 15.02 Compensatory Damages. If Contractor fails to deliver any type of Solid Waste to a facility approved by KIB (such as a recyclables processing facility Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 130 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 49 of 93 in connection with any Recyclables collection program that may be established), then in addition to assessing Liquidated Damages, KIB may in its sole discretion assess the following Compensatory Damages, and Contractor will pay KIB the following Compensatory Damages: KIB 's Reimbursement Costs for monitoring Contractor's compliance with its delivery Performance Obligations, including the assignment of KIB personnel to follow Collection Vehicles on Collection routes; and a. KIB's Reimbursement Cost for enforcing or securing specific performance of Contractor's delivery obligation. 16.03 Defaults. The following acts or omissions by Contractor shall constitute a Default of this Agreement. a. Contract Service Defaults. (1) Uncured Breach. Any breach of this Agreement shall be deemed to remain uncured if: (i) KIB notifies the Contractor that a Breach has occurred; and, (ii) The Contractor fails to correct that Breach within twenty (20) days of that Notice, unless KIB agrees in writing to extend the period for correction. (2) Repeated Breach. KIB determines that Contractor repeatedly or habitually Breaches its Obligations under this Contract. (3) ) Contract Service Failures. When not excused by a Contract Service Exception, the Contractor fails to Collect Refuse, either according to its regular schedule or by appointment, in the following amounts: (i) 100 or more missed pickups for more than seven (7) consecutive days. (ii) 500 or more missed pickups during any 12-month period; or, (iii) At least 99.5% of pickups scheduled for a day, for more than ten (10) cumulative days. (4) Failure to Comply with Applicable Law. (i) Violations. A. Material. Contractor does not cure any material Violation of Applicable Law to the satisfaction of KIB or applicable Regulatory Authority within 30 days of the notice, assessment, or determination of that Violation of Applicable Law. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 131 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 50 of 93 B. Repeated. In KIB's judgment, Contractor repeatedly receives a notice, assessment or determination of the same or different Violation. (ii) Appeals. If Contractor is entitled to appeal and in good faith does appeal a notice, assessment, or determination of Violation of Applicable Law, no Default will be deemed to have occurred until a final decision adverse to Contractor has been entered by the applicable authority. (5) Criminal Activity. Contractor fails to comply with the requirements of Section 16.02 of this Contract. (6) Failure to Timely Pay Contractor Payment Obligation. Contractor fails to pay any Contractor Payment Obligation within fifteen (15) days of the date it is due and payable. (7) Charging in Excess of the Amounts Listed in Contractor Service Fee Schedule. Contractor charges any Customer more than the scheduled Customer Special Service Surcharge listed in the Service Schedule and does not reimburse the excess within th i rt y ( 30) days of Contractor's discovery thereof, KIB notice or Customer request. (8) Failure to allow KIB to perform Contract Services. Contractor fails to timely allow KIB to exercise any of KIB's rights in connection with performing Contract Services under Section 15.09. b. Performance Assurance Defaults. (1) Failure to Provide Adeauate Assurances of Performance. Contractor fails to provide KIB with adequate Performance Assurance when requested. (2) Seizure and Attachment. Any Contract Service Asset is seized, attached or levied upon (other than a pre -judgment attachment) so as to substantially impair Contractor's ability to timely and fully perform Contract Services, and which cannot be released, bonded or otherwise lifted within forty-eight (48) hours, excepting weekends and Holidays. (3) Insolvency. Bankruptcy. and Liquidation. It shall constitute a Default of this Agreement if any of the following events occur, or the Contractor takes any actions in furtherance of such events: (i) Contractor files a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, unless Contractor retains full control of Contract Service Assets throughout the pendency of that claim; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 132 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 51 of 93 (ii) Contractor consents to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of Contract Service Assets no longer used to provide Contract Services or backup Contract Services), trustee (other than as security of an obligation under a deed of trust), custodian, sequestration, administrator (or similar official) of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property; (iii) Contractor makes any general assignment for the benefit of Contractor's creditors; (iv) Contractor fails generally to pay Contractor's debts as they become due; (v) A court having jurisdiction enters a decree or order for relief in respect of this Contract, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or (vi) Contractor consents to or fails to oppose any similar proceeding; or, (vii) Any court having jurisdiction enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, administrator (or similar official) of Contractor or for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor. (4) Default under Guaranty. The occurrence of any default under the Guaranty. (5) Transfer. Contractor makes a Transfer without KIB's consent, as required by Section 17. (6) Subcontract. Contractor engages a Subcontractor or enters into a Subcontract without KI B's consent, as required by Section 18.10, and does not terminate that Subcontract within fifteen (15) KIB Business Days of KIB's Notice. c. False Representations and Breach of Warranties. (1) Under this Contract. (i) Contractor makes a representation or certification in or under this Contract, including Section 2, which Contractor knows, or in the course of diligently conducting business and providing Contract Services should have known, is untrue on the date Contractor made it. (ii) Contractor breaches a warranty under this Contract. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 133 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 52 of 93 (2) As Inducement to Enter Into This Contract. Contractor makes a representation or fails to make a disclosure, whether within this Contract or otherwise, to KIB in connection with or as a material inducement to entering into this Contract or any future amendment to this Contract, which representation or failed disclosure is false or misleading in any material respect when made. 15.04Excused Breaches and Defaults. Uncontrollable Circumstances. If the Contractor is unable to perform, or is delayed in its performance of any of its obligations under this Agreement by reason of any Uncontrollable Circumstances, or force majeure, such inability of delay shall be excused at any time during which compliance is prevented by such event and during such period thereafter as may be reasonably necessary for the Contractor to correct the qualifying event's adverse effects. (1) Notice to KIB. To be entitled to the benefit of this provision, the Contractor must give prompt written notice to KIB, which specifies in detail: (i) The nature and scope of the Uncontrollable Circumstance; (ii) Its expected duration; (iii) The ways in which the event will adversely affect the Contractor 's performance of Contract Services; and, (iv) The steps that the Contractor is taking to mitigate such adverse effects. b. KIB's Rights. (1) Perform Contract Services. Notwithstanding that a Breach due to Uncontrollable Circumstances does not constitute a Default, after the continuance of the Breach for forty-eight (48) hours, in its sole discretion, KIB may nevertheless perform (or cause to be performed) Contract Services in the Contract Service Area itself under Section 15.09. (2) Exercise Other Remedies. After the continuance of any Breach for thirty (30) days, KIB may, in its sole discretion, exercise any other remedy under this Contract, including suspending or terminating this Contract under Section 16.01. 15.05Remedies Upon Breach. As Provided by Law. Either Party may exercise any and all remedies available under law or equity to remedy the other Party's breach of this Contract. A Party's exercise of any one remedy, including KIB' s Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 134 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 53 of 93 assessing Liquidated Damages or Compensatory Damages, is not an election of remedies but is cumulative with any other available remedies. b. KIB's Additional Remedies. In addition to exercising any remedy available at law or equity, upon occurrence of a Default, KIB may exercise any or an of the following additional remedies: (1) Termination. Terminate this Contract or any portion of Performance Obligations, pursuant to Section 16.01(a); (2) Suspension. Suspend this Contract, pursuant to Section 16.01(b); (3) Perform Contract Services. KIB may itself perform Contractor's Performance Obligations, or cause them to be performed by another party, pursuant to Section 15.09; (4) Damages. Assess Liquidated or Compensatory Damages against the Contractor: and, (5) Exercise Financial Assurances. Draw on the Letter of Credit, demand payment under the Guaranty or any Indemnity, or submit any claim under Insurance. (6) Iniunctive Relief. Contractor acknowledges that KIB may be also be entitled to injunctive relief in those instances where an award of damages to KIB for the Contractor's Breach or Default may be inadequate for reasons including the following: (i) Public Health and Safety. The urgency of timely, continuous and high- quality Contract Services, including Collection, Recycling, transportation and/or transfer and Disposal of putrescible solid wastes that constitute a threat to public health; (ii) Procurement Time and Expense. The long time and significant investment of money and personnel (including KIB' s staff, elected officials and KIB Counsel, as well as procurement counsel and consultants) necessary to: A. Develop a scope of Contract Services and Performance Obligations acceptable to KIB; B. Draft this Contract and related procurement documents; C. Solicit comments on this Contract and procurement documents from KIB (and KIB Counsel) and Persons interested in proposing to provide Contract Services D. Meet with those potential proposers to discuss their comments and answer their questions about this Contract and the procurement; E. Finalize this Contract and procurement documents; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 135 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 54 of 93 F. Solicit proposals for Contract Services; G. Review and evaluate those proposals and seek clarifications of those proposals. H. Award this Contract under KIB's Applicable Law; I. Finalize execution of this Contract, including reviewing commenting on and approving (if required) Contractor Documentation; and, J . Conform KIB Code to the automated Refuse Collection programs. (iii) Reliance an Contractor. KIB' s reliance on Contractor's meeting evaluative criteria on which award of this Contract was based, such as the following: A Solid waste management experience; B. KIB references; C. Qualifications of key personnel; D. Environmental programs and proposed Unpermitted Waste Screening Protocol; E. Litigation history; F. Contractor's proposed transition, Customer education, diversion and other plans; G. Acceptance of terms of this Contract; and, H. Diversion record. (iv) Re -Procurement Time and Expense. The length and significant investment of time and money described in item (ii) to develop alternative MSW Management Services comparable to Contract Services for the price provided under this Contract, and to negotiate new agreements therefore. c. Recovery of Unpaid Contractor Payment Obligations. KIB may collect Contractor Payment Obligations due and owing by Contractor to KIB by any or all of the following means: (1) Demanding payment from Contractor or Guarantor; (2) Drawing on the Letter of Credit; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 136 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 55 of 93 (3) Submitting claims as an additional insured under Insurance policies or under contractual liability provisions of insurance policies; and, (4) Directing Contractor to offset Contractor Payment Obligation from Contractor Service Fees that Contractor received from Customers to remit them to KIB. d. In the event of default by either party, the non -defaulting party shall provide notice of the default with specificity. No remedies for such default shall accrue unless and until the defaulting party shall have failed to cure said default within 10 days of receipt of such written notice of default, save and except situations that may impact public health or safety, the environment, or may be a violation of law or any provision in Section 15.03 which gives greater than 10 days to cure such particularly identified event of default. 15.06Additional Compensatory Damages. Additional Compensatory Damages. Without limiting KIB' s right to seek Compensatory Damages, pursuant to either this Contract or otherwise available at law, KIB may seek the following additional Compensatory Damages: a. Amounts equal to any Contractor Payment Obligations or other amounts that Contractor has previously paid to KIB but are subsequently recovered from KIB by a trustee in bankruptcy as preferential payments or otherwise; b. If KIB terminates this Contract for Default, KIB' s Reimbursement Costs to provide or re -procure MSW Management Services; and, c. If KIB terminates this Contract for Default, KIB's projected Direct Costs of replacing MSW Management Services in excess of Contractor Service Compensation for the balance of the Term remaining if this Contract had not been terminated, as based on service fees under replacement agreements for those MSW Management Services. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT FOR 180 DAYS OR OTHER PREFERENCE PERIOD PROVIDED UNDER APPLICABLE LAW WITH RESPECT TO BANKRUPTCY OR INSOLVENCY. KIB may draw upon the Letter of Credit, Guaranty or any other available Performance Assurance to pay compensatory damages. 15.07 Waivers. a. Waiver of Breach. No waiver of any Breach or Default constitutes a waiver of any other Breach or Default. Failure of KIB to enforce any provision of this Contract may not be construed as a waiver of KIB' s enforcement rights. KIB' s subsequent acceptance of any damages or other money paid by Contractor may not be deemed to be a waiver by KIB of any pre-existing or concurrent Breach or Default. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 137 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 56 of 93 Contractor Waiver of Certain Defenses. Contractor acknowledges that it is solely responsible for providing Contract Services and by this Contract irrevocably and unconditional waives defenses to the payment and performance of its obligations under this Contract based on failure of consideration; contract of adhesion; impossibility or impracticability of performance; commercial frustration of purpose; or the existence, non- existence, occurrence or non- occurrence of any foreseen or unforeseen fact, event or contingency that may be a basic assumption of Contractor with regard to any provision of this Contract; provided that Contractor does not by this Contract waive any defenses under this Contract of Uncontrollable Circumstances. 15.08 Costs. a. Non -Prevailing Party. The non -prevailing Party in any dispute involving this Contract will pay the prevailing Party's Reimbursement Costs, including standard and reasonable attorney's fees. b. KIB's Enforcement Costs. Contractor will reimburse KIB promptly upon request for either or both of the following KIB's Reimbursement Costs: (1) Costs resulting from KIB's investigation of any alleged Breach; or, (2) Costs incurred by KIB as a consequence of Contractor's Breach. 15.09 KIB Right to Perform. a. Events. KIB may perform, or provide for the performance of, any or all Performance Obligations if KIB reasonably determines that: (1) Contractor, due to Uncontrollable Circumstances or for any reason whatsoever, fails, refuses or is unable to Collect any Solid Waste and operate the Recyclables Processing Facility for a period of forty- eight (48) hours after the Collection or acceptance was required under this Contract, and KIB determines in its sole discretion that there is a danger to the public health, safety or welfare; or, (2) KIB suspends or terminates this Contract b. Continuation. KIB has no obligation to continue performing or providing for the performance of any or all Performance Obligations and may at any time, in its sole discretion, cease to provide any or all Performance Obligation. However, KIB' s right to perform or provide for the performance of any or all Performance Obligations will continue until either: (1) Contractor demonstrates to KIB's satisfaction that Contractor is ready, willing and able to resume timely and full performance of all Performance Obligations; or, Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 138 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 57 of 93 (2) KIB is capable of making alternative arrangements for providing MSW Management Services and/or Recycling service, in its judgment comparable to Contract Services in scope and price, which may include contracting with another service provider. c. Notice. KIB may give Contractor 24-hour oral notice that KIB is exercising any or all of KIB' s rights under this Section. The oral notice will be effective immediately, but to remain effective, within another 24 hours KIB must confirm that oral notice with a written Notice. d. KIB Purchase or Lease of Service Assets. Should KIB elect to exercise its authority to perform the Contract Services as provided in this Section 15.09, Contractor shall enter into good faith negotiations for the sale or lease to KIB of all Service Assets reasonably necessary to do so, consistent with Section 3.03. SECTION 16: SUSPENSION OR TERMINATION OF CONTRACT 16.01 KIB's Right to Suspend or Terminate. a. Contractor is willing to agree to commercially -standard suspension and termination provisions tied to the matters of default addressed in Section 15, but only after the right to cure period in the 16.01 f. b. Termination Events. KIB may, in its sole discretion, terminate this Contract should any of the following Termination Events occur: (1) Contractor's Default; (2) Contractor's Breach due to Uncontrollable Circumstances, which remains uncured for a period of 30 days; (3) Any Contract Provision, as defined in Section 22, is ruled unconstitutional, illegal, invalid, non -binding or unenforceable by any court of competent jurisdiction, regardless of whether it is deemed severable; or, (4) Any Guarantor transfers the Guaranty without the consent required by the Guaranty, and on or before 15 days after the transfer, the Guarantor does not provide KIB with a substitute Guarantor or alternative financial credit support satisfactory to KIB. c. Suspension Events. Upon the occurrence of any Termination Event, KIB may, in lieu of Termination, and in its sole discretion, suspend this Contract, in whole in or in part, for no longer than 30 days. During the suspension period Contractor will have the opportunity to demonstrate to the satisfaction of KIB that Contractor can once again fully perform Contract Services. If Contractor so demonstrates to satisfaction of KIB in its sole discretion, KIB 's right to suspend or terminate this Contract will cease and Contractor may resume providing Contract Services. If Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 139 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 58 of 93 Contractor does not so demonstrate, KIB may terminate this Contract and exercise its additional rights and remedies. d. Notice to Contractor. KIB will give Contractor a Notice of Termination or Suspension effective at the following times: (1) Immediately or upon other period stated by KIB with respect to the following Defaults, more fully described in Section 15.03: {i) Failure of Contractor to provide adequate Performance Assurances; or, (ii) Insolvency, bankruptcy, liquidation, to the extent permitted by Applicable Law (Insolvency, Bankruptcy, Liquidation); (2) Upon Contractor's receipt of Notice with respect to any other Default, unless KIB specifies an alternative date in the Notice; or, (3) Such other date as KIB may specify in the Notice e. Reduction in Fee Upon Partial Suspension. If KIB suspends a portion of this Contract or the Contractor's Performance Obligations, Contractor will continue to fully perform its remaining Performance Obligations and the Contractor Service Fee will be adjusted to reflect reductions in Performance Obligations. f. Contractor's Right to Cure. Should KIB at any time, contend that Contractor has breached any material provision of this Agreement, KIB shall immediately notify Contractor in writing of KIB's contention. Contractor shall have a reasonable time to cure any such alleged breach, which in all events shall not be less than thirty (30) calendar days, or any such longer period as reasonably needed to cure said breach, provided Contractor initiated curing the breach within such thirty (10) calendar day period unless agreed to in writing by the borough, and continues to diligently pursue such breach. If Contractor fails to cure the breach within such time, KIB may terminate this Agreement and/or pursue any other remedy provided for in this Agreement, at law or in equity. Classes of breach that are not subject to the "notice and cure" requirements - especially breaches resulting from the violation of laws, including laws governing life and safety. Contractor shall only have a right to cure if it has not committed the same breach 3 times within the preceding 12 months. 16.02 Criminal Activity. a. Notice. Contractor will immediately give Notice to KI B of either of the following with respect to Contractor or any Contract Manager (except for the Contract Manager in a Position of influence): (1) ) Conviction of a Criminal Activity ("Conviction" or, Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 140 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 59 of 93 (2) Plea of guilty or nolo contendere to a Criminal Activity ("Plea") Contractor will promptly give Notice to KIB of any of those convictions or pleas with respect to the Contractor Manager in a Position of Influence. b. Cure. Upon the occurrence of any conviction or plea defined in Subsection a, Contractor immediately will do or cause to be done both of the following: (1) Terminate from employment anyone in a Position of Influence or remove from office anyone in a Position of Influence, unless otherwise directed or ordered by a court or Regulatory Authority of competent jurisdiction and/or authority, and unless termination would subject Contractor, an Affiliate or any of its Contract Managers to substantial liability for breach of any labor agreement entered into before the Contract Commencement Date; and, (2) Refrain from employing or appointing that individual or individuals responsible for the Criminal Activity from any other Position of influence. c. KIB remedies. In the event that Contractor or any Affiliate fails to effectuate the cure described in Subsection b, or the Criminal Activity is related to this Contract or occurs within the KIB' s municipal boundaries, KIB may either suspend or terminate this Contract as it deems proper. d. Limitations on Contractor Manager. Contractor shall not permit any Person to serve as Contractor Manager who has previously been convicted of a Criminal Activity, or plead "guilty" or "nolo contendere" to any Criminal Activity. SECTION 17: TRANSFER OF CONTRACT. 17.01 Transfer by Contractor. a. Acknowledgment. Contractor acknowledges that Contractor submitted evidence to KIB with respect to Contractor's experience, expertise and qualifications to provide Contract Services, and that Contractor's experience , expertise and qualifications were material considerations of KIB in entering into this Contract with Contractor. b. KIB Consent Required. Contractor will not Transfer, in whole or in part, voluntarily or involuntarily, this Contract, the Guaranty, or any rights or duties in this Contract or under the Guaranty, without KIB's Assembly's prior, written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Contractor may not circumvent KIB's consent rights by securing Goods or Services from a Subcontractor. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 141 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 60 of 93 Contractor acknowledges that in its submitted proposal to provide Contract Services and enter into this Agreement it described the experience, qualifications, and operations not only of Contractor itself, but of the following companies that are wholly owned by Contractor as of the Contract Commencement Date: (together, "Contractor's Operations"). Furthermore, in its proposal Contractor did not take an exception to its Performance Obligation to provide the Guaranty. Therefore, in lieu of providing the Guaranty, Contractor will not Transfer in whole or in part, voluntarily or involuntarily any of Contractor's Operations without KIB consent, given in KIB's sole discretion. For purposes of this Performance Obligation and KIB right, the definition of "Transfer", the "Contractor" is deemed to include "Contractor's Operations. c. Contractor request Without obligating KIB to give consent, Contactor will demonstrate to KIB' s satisfaction that the proposed transferee has the operational and financial ability to satisfy Performance Obligations. KIB is not obligated to consider any proposed Transfer by Contractor if Contractor is in Breach at any time during KI B's consideration. d. Payment of KIB's Transfer Costs. (1) Transfer Deposit. Contractor must make any request for KIB's consent to a Transfer in the manner prescribed by KIB. Contractor must pay KIB the Transfer Deposit before KIB will consider Contractor's request. "Transfer Deposit" means lesser of the following refundable amounts: (i) $1,500 or, (ii) KIB' s anticipated Transfer Costs. (2) Additional Transfer Costs. Within 30 days of KIB's request, Contractor will further pay KIB' s additional Transfer Costs in excess of the Transfer Deposit, whether or not that KIB approves the Transfer. "Transfer Costs" means such KIB Reimbursement Costs resulting from its: (i) Consideration and review of Contractor's request for Transfer; (ii) Investigation regarding the suitability of the proposed transferee; (iii) Determination of whether or not to consent; and, (iv) Preparation of those documents necessary to effectuate the Transfer. (3) KIB's Reimbursement Costs of Enforcement. Within 30 days of KIB's request, Contractor will pay KIB's Reimbursement Costs for fees and investigation costs as KIB deems necessary to enjoin the Transfer or to otherwise enforce this Section. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 142 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 61 of 93 e. Novation. If KIB consents to Transfer of this Contract, upon request of the transferee, KIB will execute a novation under which the Person which is the transferee Contractor assumes all the rights and Performance Obligations of the transferor Contractor. SECTION 18: THE PARTIES 18.01 Independent Contractor. The Parties agree and the Contractor acknowledges as follows: a. Contractor is an independent entity and contractor engaged by KIB and not KIB's Related Party or a party to any joint venture with KIB. b. No employee or agent of Contractor is deemed to be KIB's Related Party. c. Contractor will have the exclusive control over the manner and means of performing Contract Services and over all Persons performing Contract Services. d. Contractor is solely responsible for the acts and om1ss1ons of Contractor's Related Parties, none of whom is deemed to be KIB's Related Party. e. Nothing in this Contract may be construed as creating an arrangement for handling Unpermitted Waste. f. Neither Contractor nor any of Contractor's Related Parties will obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to KIB employees and Contractor expressly waives any claim it may have or acquire to those benefits. g. Contractor bears the sole responsibility and liability for furnishing workers' compensation and all other benefits required by law to any individual for injuries arising from or connected with Contract Services. 18.02 Parties in Interest Nothing in this Contract, whether express or implied, is intended to confer any rights on anyone other than the Parties and the Parties' respective representatives, successors and permitted assigns. Related Parties are third party beneficiaries of provisions in this Contract that reference them. 18.03 Binding on Successors. The provisions of this Contract will inure to the benefit of and be binding on the successors and permitted assigns of the Parties. 18.04 Further Assurances. Each Party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other to give full effect to this Contract, including Contractor Documentation. Contractor will complete Contractor Documentation satisfactory to KIB by the Contract Commencement Date. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 143 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 62 of 93 18.05 Actions of KIB in Its Governmental Capacity. Nothing in this Contract may be interpreted as limiting the rights and obligations of KIB in its governmental or regulatory capacity. 18.06 Contractor's Obligations Performed at Its Sole Expense. Contractor will perform Contract Services solely for the compensation expressly provided for in this Contract. 18.07 Parties Representatives. a. KIB ( 1) Identification. The KIB Representative is the Manager or his or her designee, as may be amended upon Notice to Contractor by KIB in KIB' s sole discretion. (2) Delegation. By authorizing the execution of this Contract, KIB delegates to the KIB Representative the authority to exercise KIB's rights, remedies and options under this Contract and administer this Contract, except with respect to the following, which must be approved by the KIB Governing Body: (i) Extending the Term for an additional year or more; (ii) Suspending or Terminating this Contract; (iii) Approving or disapproving Transfer of this Contract; (iv) Amending this Contract, including amendments to the Contractor Service Fee due to changes in operations pursuant to Section 11.03e, but not to annual adjustments pursuant to Section 11.03b; (v) Indemnities; and, (vi) Exercising any delegation of authority contrary to Applicable Law. b. Contractor Representative. The Contractor Representative is named in Contractor Documentation. The Contractor Representative must have at least 5 years of experience in Solid Waste collection services before being named Contractor Representative. The Contractor Representative is authorized to act on behalf of Contractor in the satisfaction of all Performance Obligations and exercise of Contractor's rights and options under this Contract. 18.08 Due Diligence. Contractor acknowledges that MSW Management Services and Recycling Services, including Contract Services, are highly regulated under Applicable Law, and that waste management is a public health and safety concern. Contractor agrees that it will exercise due diligence in performing Contract Services. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 144 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 63 of 93 18.09 No Use of KIB Name. Contractor will not conduct any business related to its Performance Obligations under this Contract using any name referencing KIB, or otherwise applies association with or ownership by KIB. 18.10 Subcontractors. a. Subcontracts exceeding $50,000. Contractor will not engage any Subcontractor in an amount exceeding $50,000 for any individual Subcontractor without KIB's prior approval of the Subcontract and Subcontractor. Any Subcontract entered into without KIB's prior approval is void. Contractor will identify approved Subcontractors in Contractor Documentation. b. Contractor Responsibility. Contractor is solely responsible for directing the work of Subcontractors and paying Subcontractors' compensation. c. Removal. KIB may require Contractor to remove any approved Subcontractor for any of the following reasons: (1) Its failure to provide Contract Services; (2) Its non-compliance with Applicable Law, or (3) Its engagement in conduct that, in KIB's judgment, is abusive, rude or unsafe. d. Reference to Subcontractors. Specific reference to Subcontractors under this Contract {such as with respect to compliance with Applicable Law and meeting Insurance requirements) does not imply that lack of specific reference to Subcontractors elsewhere under this Contract Exempts Subcontractors from complying with this Contract. SECTION 19: AMENDMENTS 19.01 Amendments. a. Means of Amendment. Amendments to Contract rights, remedies and options, unless delegated to the KIB Representative, will be effective upon completion of the following actions: (1) Authorization and direction of KIB Governing Body; (2) Consent of the Contractor; and, (3) Due execution by the Parties of a written amendment to this Contract reflecting those changes. b. Consent by Representatives. All other Amendments to this Contract will be effective upon completion of the following: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 145 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 64 of 93 (1) Consent of the KIB Representative, except for Contractor's amendments to Contractor Documentation that do not require KIB consent; (2) Consent of the Contractor Representative, except for amendments to this Contract that do not require Contractor consent; and, (3) Due execution by the Parties of text reflecting those changes. Examples of those amendments include the following: (i) Amendments not listed in Subsection a; (ii) Contractor Documentation; and, (iii) Exhibits or Attachments to this Contract (except with respect to Contractor Service Fee other than annual adjustments). c. Due execution. For purposes of this Section, "due execution" of amendments to the text of this Contract means that the Parties' authorized representatives: (1) Witness and sign the written amendment in the form provided on the signature page of this Contract; and, (2) Warrant that they are authorized to execute the amendment. SECTION 20: NOTICES, CONSENTS, AND APPROVALS 20.01 Notices. Notices must be given at the addresses provided in Contractor Documentation attached to this Contract, as follows: a. By Email or facsimile, promptly followed by personal or mailed delivery; b. By personal delivery to the Contractor Representative or KIB Representative, as the case may be; c. By deposit in the United States mail first class postage prepaid (certified mail, return receipt requested); or, d. By commercial delivery service providing delivery verification. Notice by KIB to Contractor of a missed pick-up or a Customer problem or complaint may be given to Contractor orally by telephone to Contractor Representative or other Contractor personnel responsible for taking complaints from KIB or the public. Parties may change their address upon Notice to the other Party. 20.02 Writing Requirements. All Notices, reports, demands, requests, Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 146 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 65 of 93 directions, selections, option exercises, orders, proposals, reviews, comments, acknowledgments, approvals, agreements, consents, waivers, certifications and other communications made under this Contract must be in writing, except the following: a. Oral communication is explicitly authorized; and, b. Communication with respect to routine Contract administration, such as submitting Records or Reports, correcting Reports or, discussing Customer complaints. 20.03 Exercise of Options. Parties will exercise any approval, disapproval, consent, acceptance, option, discretion, election, opinion or choice under this Contract, make a requirement under this Contract, or interpret this Contract ("Discretionary Action") in a manner that is reasonable. Recognizing the essential public health and safety protections this Contract serves, where this Contract specifically provides that the exercise of any Discretionary Action is in either Party's independent, sole, exclusive or absolute discretion, control or judgment, the other Party will not question or challenge the other Party's exercise thereof. Parties will nevertheless exercise their rights and remedies in good faith as required by Applicable Law. Any mediator or court must find the Party's exercise to be reasonable. ECTION 21: INTEGRATIONS. GOVERNING LAW. AND VENUE 21.01 Integrations. This Contract contains the entire agreement between the Parties with respect to their rights and obligations under this Contract. This Contract completely and fully supersedes all prior understandings and agreements between the Parties with respect to their respective rights and obligations, including those contained in each of the following: a. Requests for proposals; b. Proposals; c. Memoranda; d. Correspondence; e. Telephone calls; f. Field trips; g. Interviews; h. Negotiations; and, i. Meetings of the KIB Assembly, and other commission, committees, and boards. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 147 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 66 of 93 21.02 Governing Law. The Parties' respective rights and obligations pursuant to this Contract shall be determined according to, and governed by, the laws of the State of Alaska 21.03 Severability. a. Generally. Should any court of competent jurisdiction hold that any clause, sentence, provision, section, subsection, exhibit, or attachment of this Contract is unconstitutional, illegal, invalid, non -binding, or otherwise unenforceable, such determination shall not affect any of the remaining provisions of this Contract. This Contract will be construed and enforced as if the Contract Provision did not exist, and the Parties will as a result: (1) Promptly meet and negotiate a substitute for the Contract Provision and any related amendments, deletions or additions to other provisions of this Contract which together effect the Parties' original intent to the greatest extent allowable under Applicable Law; and, (2) If necessary or desirable to accomplish preceding item (1), apply to the court that declared said invalidity for a judicial construction of the substituted Contract Provision and any amendments, deletions or additions to this Contract. Within 10 days of any KIB' s request, Contractor will pay KIB half of the Direct Costs of that application. However, if any Contract Provision with respect to KIB direction to a Solid Waste Management Facility is ruled unconstitutional, illegal, invalid, non- binding or unenforceable by any court of competent jurisdiction, then KIB in its sole discretion may either. (1) Sever that Contract Provision and construe and enforce this Contract under this Section; or, (2) Terminate this Contract. b. Contractor's Waiver of Certain Legal Challenges Contractor agrees not to challenge the constitutionality, legality, validity, enforceability or binding nature of either of the following provisions of this Contract: (1) Contractor's obligation to deliver Refuse to KIB Landfill; and, (2) Contractor's obligation to deliver any other type of Solid Waste (such as recyclables) to any other Solid Waste Management facility as directed by KIB. 21.04 New Contract This Contract is a new obligation between the Parties and is a novation, substitution and replacement for any present or prior contracts or agreements between the Parties connected with or related to MSW Management Services. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 148 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 67 of 93 21.05 Venue. Any civil action arising from this Contract shall be brought in the Superior Court, Third Judicial District, State of Alaska 21.06 Costs. The non -prevailing Party in any dispute involving this Contract shall pay the prevailing Party's reasonable Reimbursement Costs, including attorney's fees. SECTION 22: ADDITIONAL TERMS AND CONDITIONS Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect or transport any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations ("Excluded Waste"); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the KIB and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste. 2. Customers and the KIB must comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Contractor. If any customer or the KIB fails to do so, Contractor may decline to collect such materials without being in breach of the contract. Contractor shall not be responsible for and has not made any representation regarding the ultimate recycling of such recyclable materials by any third -party facilities. 3. Notwithstanding anything herein to the contrary, to the extent supplied by Contractor, in the event that a container becomes lost, unsightly, unsanitary, broken, or unserviceable because of the acts or omissions of a customer or the KIB (excluding normal wear and tear), the customer or KIB (as the case may be) will be charged for the resulting repairs or replacement and such amounts will be paid to Contractor upon demand. 4. Any equipment furnished hereunder by Contractor shall remain the property of Contractor; however, the customers and the KIB (as applicable) shall have care, custody and control of the equipment while at the service locations. Customers and the KIB shall not overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customers and the KIB must provide unobstructed access to the equipment on the scheduled collection day. The word "equipment" as used in the contract shall mean all containers used for the storage of non -hazardous solid waste. 5. Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or delay in its performance Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 149 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 68 of 93 hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under the contract. SECTJON 23: DEFJNJTIONS Affiliate means a Person that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, Contractor. Far the purpose of this definition, "control" has the meaning provided in Rule 144 of the Securities Act of 1993. Affiliate Parent means an Affiliate that, directly or indirectly, through one or more intermediaries, controls Contractor. Annual Report means the Report required under Section 10.03 in form and content satisfactory to KIB. Applicable Laws means any or all of the following enacted, adopted, promulgated, issued, ruled, ordered, determined or otherwise made by any Regulatory Authority that apply to or govern Contract Services or the performance of the Parties' obligations under this Contract: (1) Laws, statutes (2) rules, regulations (3) guidelines, (4) Permits, (5) actions, determinations, orders, or (6) other requirements, including Applicable Law concerning the following: (7) health, (8) safety, (9) fire, (10) labor relations, (11) mitigation monitoring plans, (121 building codes, (13) zoning, (14) non-discrimination, (15) Vehicles: such as: (i) air emissions (smog checks); tires; documentation through maintenance log or otherwise of a safety compliance report; Vehicle highway li g ht in g, flashing and warning lights, clearance I i g h is , a n d warning f l a g s; registration; weight limits; cleaning; enclosure / water- tight beds; (ii) The appropriate class of drivers' licenses issued by the State Department of Motor Vehicles; (iii) any State laws relating to operating equipment construction, safety, and Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 150 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 69 of 93 parking and identification, (16) Carts: such as: a. maintenance and placement of Carts; b. placing Contractor's name and telephone number on Receptacle; (17) Labor: (i) Drug and alcohol testing; (ii) The Occupational Safety and Health Act. (29 U.S.C. §651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and corresponding State requirements; (iii) immigration Reform and Control Act of 1986 (PL.99-603); (18) Environmental Protection: (i) CERCLA; (ii) RCRA; (iii) Clean Air Act, (42 U.S.C. §1351 et seq., 42 U.S.C. §7401-7642) and Clean Water Act, and; (iv) corresponding State requirements; (v) Emergency Planning and Community Right to Know Act. (42 U.S.C. § 11001 etseq.); (vi) regulations governing the recovery of ozone -depleting refrigerants during the Disposal of air conditioning or refrigeration equipment, including 40 C.F.R. Part 82; (vii) any wash -down requirements for containers, trucks or facilities, (19) KIB Code, (20) Miscellaneous: (i) Civil Rights Act of 1964 (Sub chapter VI or Chapter 21 of Title 42); (ii) Customer's privacy rights. Reference to Applicable Law includes amendments and supplements to or replacement, restatement or recodification occurring after the Contract Commencement Date. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 151 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 70 of 93 Base Service Level is described on the Contractor Service Fee Schedule. Bear Cart means a cart designed to be resistant to opening by bears. Breach means Contactor's failure to fully and timely meet any Performance Obligation. Bulky item(s) means any large item of Solid Waste that can be safety lifted by two individuals using a dolly, generated at Residential Premises and discarded at Residential Set -out Sites, such as the following: (1) furniture, including metal desks and storage cabinets, (2) pianos and organs, (3) televisions, (4) large appliances, including washers, driers, refrigerators, freezers, dishwashers and stoves, (5) toys, bikes and dismantled swing sets, (6) lawn mowers and snow blowers with no gas or oil in them, up to 4 auto or pickup tires per Customer each calendar month, with rims removed, (7) any item (other than lumber) that can be cut or broken-down meeting the following requirements: (i) no longer than 4 feet in length, (ii) weighing no more than 70 pounds. Bulky Items does not mean the following: (1) material generated at non -Residential Premises, including commercial business operations, (2) bundled Yard Waste, branches, (3) sod, soil and rock, (4) broken concrete and asphalt, (5) brick, block and stone, (6) railroad ties or similar type of retaining wall timbers, (7) remodeling debris, including shingles, (8) carpeting, (9) sinks, concrete laundry tubs and cast-iron plumbing fixtures, (10) windows and doors, (11) lumber, (12) animal waste, including all excrement from domestic animals and fowl, and all hay, straw or other materials that have been used for animals' or fowls' bedding, (13) liquids, including paint, (14) hazardous waste, including household hazardous waste, (15) fuel oil tanks, (16) any automotive parts (including vehicle batteries and tires). C&D Debris means any Solid Waste discarded in Dumpsters or Roll Off Containers that Contractor must Collect under Section 6.05, such as the following: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 152 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 71 of 93 (1) bundled Yard Waste, branches, (2) sod, soil and rock, (3) broken concrete and asphalt, (4) brick, block and stone, (5) railroad ties or similar type of retaining wall timbers, (6) remodeling debris, including shingles, (7) carpeting, (8) sinks, concrete laundry tubs and cast-iron plumbing fixtures, (9) windows and doors, (10) lumber. Calendar Year means a period of 12 months of 365 or 366 consecutive days beginning January 1 and ending December 31. (Compare "Contract Year'7 Cardboard Recycling Container means a roll off container or dumpster with a narrow opening or slot on the side of the container that will require cardboard boxes to be first flattened in order to allow the cardboard material to be inserted into the container. Cart means a wheeled receptacle that can be emptied by either semi- or fully - automated vehicles which is used by a customer, including a cart used by a customer in a dwelling unit in a multi -family premises which is not served by dumpster service. Change in Law means the following changes occurring after the Contract Commencement Date: (1) the adoption, promulgation, repeal, modification, amendment or other change in Applicable Law or change in judicial or administrative interpretation thereof occurring, other than: {i) laws with respect to taxes based on or measured by net income, or {ii) any unincorporated business, payroll or Contract taxes levied by any tax governmental authority (other than any taxes levied by KIB that are obligations of Contractor and not merely fees that Contractor must collect on behalf of KIB), or (iii) employment taxes; (2) any order or judgment issued by a Regulatory Authority that binds Contractor or has a material impact on Contract Service: (i) if the order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and (ii) unless excused in writing from so doing by the other Party, the Party relying thereon will make or have made, or will cause or have caused to be made, Reasonable Business Efforts (such as Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 153 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 72 of 93 retaining counsel) Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 154 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 73 of 93 to contest the order or judgment (it being understood that contesting in good faith an order or judgment will not constitute or be construed as a willful misconduct or negligent action of that Party); or (3) the imposition by a Regulatory Authority of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit; or, (4) a Regulatory Authority's (i) failure to issue or renew any Permit, (ii) delay in issuing or renewing any Permit, or (iii) suspension, interruption or termination of, any Permit; provided the failure, delay, suspension or termination is not due to the willful misconduct or negligent action or inaction of the Party relying thereon or any third party for whom the Party relying thereon is directly responsible. Collect, Collection or Collecting other form thereof means pick-up and removal of discarded Solid Waste required under this Contract. Collection Commencement Date means the date described in Section 3.01, on which Contractor shall begin providing certain Customer Collection services. (Compare "Contract Commencement Date ".) Collection Hours means the time during which Contractor may collect solid waste under the KIB Code. Commercial describes Persons (such as Customers) or things (such as Carts, Premises or types of Solid Waste) in the Contract Service Area that are not Residential or Multi- family. Commercial Customer means a Customer who owns or occupies a Commercial Premise. Commercial Premise means each Premise containing that is not a Residential Premise or Multi- family premise, such as businesses. Compactor means a receptacle containing a ram that pushes and compresses waste into a container or bale. Compensatory Damages means "Compensatory Damages" described in Section 15 Contract means this agreement, including all: (1) Sections; (2) Exhibits; and, (3) Other appended documentation, including Attachments, Exhibits and Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 155 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 74 of 93 documentation, which are incorporated in this Contract by reference as if fully set forth herein. Contract Commencement Date means the date on which this Contract is signed by both Contractor and KIB. (Compare "Collection Commencement Date".) Contract Manager means the following: (1) Contractor Representative (2) Contractor's officers (3) Contractor's directors, and (4) any individual in a Position of influence. Contract Service means the MSW Management Services that Contractor must provide for Customers under this Contract, including all Performance Obligations, the future Collection of Recyclables if agreed to by the Parties, Collection from Roll -offs, Customer billing and collection, and Transportation of Collected MSW to the KIB landfill). (Compare WSW Management Services".) Contract Service Area means all land within the boundaries of KIB where Customer's premises can be served by roads. Contract Service Asset Document means a document that encumbers or limits Contractor's interest in a Contract Service Asset or that evidences Contractor 's ownership interest in the Contract Service Asset, such as: (1) lease -purchase agreement, (2) installment purchase agreement, (3) financing statement, mortgage or other instrument establishing a security interest to or by Contractor, (4) if requested by KIB, documents related to Contractor's rights with respect to the Contractor Service Asset, such as Cart warranties, and (5) if requested by KIB, documents related to operation and maintenance of the Contractor Service Asset. Contract Service Assets means all property, both tangible and intangible (such as facility leases or equipment installment purchase agreements) used directly or indirectly in performing Contract Services, including the following: (1) vehicles, (2) receptacles, (3) operation / maintenance equipment and facilities, (4) administrative / office equipment (such as computer hardware and software, telephones/telefax) and offices. Contract Service Asset Inventory means a listing of all Contract Service Assets that includes a description of the type, size, year in service, comments regarding condition (if relevant), and useful service life for each asset. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 156 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 75 of 93 Contract Service Day means a weekday or Saturday on which Contractor must perform Contract Services, Holidays excepted. (Compare "day" and 'KJB Business Day ") Contract Service Exceptions means: (1) Solid Waste Not Properly Placed in Receptacles: discarded Solid Waste (other than any Bulky Item) that is not placed inside a Receptacle. (2) Any Receptacle that weighs more than limits prescribed on Receptacle's manufacturer warranty or other documentation acceptable to KIB and noted on the Receptacle. (3) Receptacle or Bulky Items Not Placed at Proper Set -out Site: a Receptacle is not discarded at the Set -out Site, or a Bulky Item or excess Refuse is not discarded at the Set -out Site under 4.04. (4) Unsafe Condition: The Set -out Site is not safely accessible to Vehicles or Contractor's employees. (5) Unpermitted Waste or Unsafe Materials: Contractor observes Unpermitted Waste in a Receptacle or at the Set -out Site. (6) Any customer with a past due balance of 90-days or greater will no longer be offered a refuse cart for curbside collection and will instead be billed the rate for residential roll -off container service. Once the customer's balance is paid in full, the customer will again be offered a refuse cart for curbside collection. Contractor means (1) The Person named and signing the signature page of this Contract; (2) Any Transferee approved by KIB pursuant to Section 17; (3) For the purposes of indemnities, Contractor and Contractor's Related Parties. Contractor's actions and Performance Obligations include reference to any Subcontractor's actions under this Contract, as applicable, without specifying in each instance that Contractor must directly take those actions itself, or cause its Subcontractors to take those actions on Contractor's behalf. Contractor Documentation means documentation provided by Contractor to KIB under this Contract in form and content satisfactory to KIB, including those documents set forth in Exhibit 8. Contractor Office means any office and other bases of operation located in KIB. Contractor Office Hours means at least 8:00 a.m. to 5:00 p.m. Monday through Friday (Holidays excepted). Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 157 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 76 of 93 Contractor Payment Obligations means amounts Contactor owes to KIB, including: (1) damages, including Liquidated Damages and Compensatory Damages; (2) reimbursements to KIB, including KIB's Reimbursement Costs; (3) any other amounts provided in this Contract, such as costs of applying to courts for judicial construction of Contract Provisions. Contractor Phone Hours are hours (excepting Holidays) between the following times: (1) 8:00 a.m. and 5:00 p.m., Monday through Friday, Contractor Representative means the individual or individuals authorized by Contractor under Section 18.07 and listed in Contractor Documentation. (Compare 'KIB Representative".) Contractor's Reimbursement Costs means Contractor's Direct Costs plus 10% thereof. (Compare "KIB 'S Reimbursement Costs.) Contractor's Related Parties means Contractor's employees, partners, officers, agents, Subcontractors, attorneys, consultants, licensees, invitees and Affiliates. Contractor's Related Parties are third party beneficiaries of provisions that reference them . (Compare "KIB's Related ParliesH.) Contractor Service Fee means the amount listed on the Contractor Service Fee Schedule. Contractor Service Fee Schedule means the schedule set forth at Section 11 .01. Contractor Transition Plan means Contractor Documentation consisting of the plan required by Section 4, which has been approved by KIB. Contract Year means each 12-month period commencing July 1 and ending June 30, or with respect to less than 12-month periods following execution, termination or execution of the Agreement, the portion of that 12-month period. (Compare uca/endar Year".) Criminal Activity means any of the following: (1) fraud or criminal felony offenses in connection with obtaining, attempting to obtain, procuring or performing a public or private agreement related to recyclables, yard waste, construction and demolition debris, garbage, refuse, or any other solid waste or MSW Management Services of any kind (including collection, hauling, transfer, processing, composting or disposal), including this Contract; (2) bribery or attempting to bribe a public officer or employee of a Regulatory Authority; or (3) embezzlement, extortion, racketeering, false claims, false statements, forgery, 75 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 158 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 77 of 93 falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; or (4) unlawful disposal of hazardous, designated or other waste; or (5) violation of the following: (i) securities or antitrust laws (such as laws relating to price-fixing, bid - rigging and sales and market allocation), and (ii) unfair and anti -competitive trade practice laws, including with respect to inflation of waste collection, hauling or disposal fees. Cubic Yard means 46,656 cubic inches. Customer or Customers means a Person who subscribes for Contract Services from Contractor. Customer Complaint Protocol means the protocol under Section 9.03 In form and content satisfactory to KIB. It is Contractor Documentation. Customer Service Subscription is Contractor Documentation consisting of the service order form prescribed by Section 9.08, as approved by KIB. Day means a calendar day. (Compare "KIB Business Day" and "Contract Service Day') Default means 'Default" as defined and described in Section 15. Direct Costs means the sum of the following: (1) payroll costs directly related to the performance, or management or supervision of any obligation under the provisions of this Contract, comprised of compensation and fringe benefits, including vacation, sick leave, holidays, retirement, workers' compensation insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (2) the costs of materials, services, direct rental costs and supplies, plus (3) travel and subsistence costs, plus (4) the reasonable costs of any payments to Subcontractors (with respect to Contractor) or contractors (with respect to KIB) or third party's necessary to and in connection with Performance Obligations; plus (5) any other cost or expense which is direct or normally associated with a task performed; plus (6) reasonable litigation costs and expenses, including attorneys' fees (including the reasonable value of the services rendered by KIB Counsel's Office) Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 159 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 78 of 93 investigation fees and expert witness fees. Which Direct Costs are substantiated by: (7) a certificate signed by the principal financial officer of Contractor or an authorized representative of KIB, as the case may be: (i) setting forth the amount of the cost and the reason why the cost is properly chargeable to KIB or Contractor, as the case may be, and (ii) stating that the cost is an arm's length and competitive price, if there are competitive prices, for the service or materials supplied; and if KIB or Contractor requests, as the case may be, the additional back-up documentation to substantiate any Direct Cost, including invoices from suppliers, Subcontractors and contractors. Direct Costs excludes profit or return on investment. Disposal or Dispose or other form thereof means final deposition or destruction of Solid Waste. Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from disposal. Drive-in Service means when the contractor is required to leave the public right-of- way and enter a driveway, private road, or private property. Dumpster means a receptacle for discarded solid waste that has slots to allow pick-up by the forklifts, generally a metal box with lid also referred to as "bin" or "container". Elderly or Handicapped means any Residential Customer who meets the following criteria: (1) has handicapped status recognized by the State Department of Motor Vehicles, or (2) is over 65 years old as evidenced by birth dates on driver's licenses, birth certificates, passports, green cards or other documentation issued by a Regulatory Authority, and (3) provides written representation that he or she is functionally unable to roll his or her Refuse Cart to the curb, and that there is no one else residing in that Customer's premises who is functionally able to roll that Refuse Cart to the curb. Electronic Waste means discarded computers/monitors/equipment, office electronic equipment, entertainment device electronics, mobile phones, television sets, and other materials with electronics that may be Recyclable. Goods or Services means goods or services used in providing Contract Services, including the following: (1) labor, 77 Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 160 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 79 of 93 (2) leases and subleases, (3) equipment, (4) supplies, (5) capital, (6) insurance, if the insurer is an Affiliate, (7) bonds or other credit support if the surety or other provider is an Affiliate; and (8) legal, risk management, general and administrative services. Guarantor means the Person executing the Guaranty. Guaranty means the guaranty in a form approved by KIB, and signed by Guarantor Herein, Hereof, Hereunder and variations mean "in this Contract", "of this Contract", "under this Contract"; "hereinbefor'e' and "hereinafter" mean before and after the Contract Commencement Date, respectively. Holidays means days on which KIB offices are closed for business to the public, comprised on the Contract Commencement Date of the following days: (1) New Year's Day, (2) Martin Luther King Day (3) President's Day (4) Seward's Day (5) Memorial Day, (6) Independence Day, (7) Labor Day, (8) Veteran's Day (9) Thanksgiving Day and the day after Thanksgiving and, (10) Christmas. Including or Include or variations thereof means "including without limitation, "including, but not limited to" and "including, at a minimum". Indemnities or Indemnity or Indemnification or variations thereof means Contractor's obligation to hold KIB harmless, and all such related defenses, indemnities and releases under this Contract. Insurance means the insurance coverages required by Section 13. KIB means the following: (1) the Kodiak Island Borough; (2) any transferee of Kodiak Island Borough; and, (3) for purpose of Indemnities, Kodiak Island Borough's Related Parties. KIB Business Day means any day on which KIB Administration office is open to do business with the public. (Compare contract Service Day.) KIB Code means municipal law of KIB. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 161 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 80 of 93 KIB Governing Body means KIB Assembly KIB Office Hours means the hours of any KIB Business Day on which KIB Administration office is open to do business with the public. (Compare 'Contractor Office Hours".) KIB Representative means the individual holding the position named by KIB under Section 18.7 (Compare "Contractor Representative".) KIB's Reimbursement Costs means KIB's Direct Costs plus 15%. (Compare "Contractor's Reimbursement Costs".) KIB's Related Parties means KIB's officers, employees, agents, contractors, attorneys, administrators, affiliates, representatives, servants, insurers, heirs, assigns, volunteers and each and every one of them. They are third party beneficiaries of provisions in this Contract that reference them. (Compare "Contractors Related Parties') KIB Landfill means the landfill owned by KIB. Letter of Credit means the letter of credit described m Section 13.03. It is Contractor Documentation. Liabilities and Losses means all of the following (1) liabilities; (2) lawsuits; (3) claims; (4) complaints; (5) causes of action; (6) citations; (7) investigations; (8) demands; (9) clean-up orders; (10) damages (including actual, special, consequential and punitive) whether in contract or in tort, such as natural resource, property and personal injury damages; (11) costs and expenses, including (i) all costs and expenses of litigation, mediation or arbitration, accountant fees, engineer's fees, attorney's fees (whether KIB's or Contractor's staff attorneys or outside attorneys) and other consultant's fees, expert witness fees, and court costs; and, (ii) response remediation and removal costs. (12) losses; (13) debts; (14) liens; (15) mediation, arbitration, legal or administrative proceedings; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 162 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 81 of 93 (16) interest; (17) fines, charges, penalties; and, (18) other detriments of every nature and description, whether under state or federal law. Liquidated Damages are described in Section 15.01 and Exhibit C. Monthly Meeting means the meeting prescribed by Section 10.03. MSW Management Services means: (1) collection, transportation, storage, transfer, or processing of solid waste; and/or (2) arranging for disposal of solid waste. Multi -family describes Persons (such as Customers) or things (such as Carts or types of Solid Waste) in the Contract Service Area that are not Residential. Multi -family Customer means a Customer who owns or occupies a Multi -Family Premise. Multi -family Premises means premises that are not residential premises (and therefore contains 4 or more dwelling units) including apartment complexes and trailer courts. Non -Collection Notice means a notice in form and substance satisfactory to KIB left by Contractor in event of Contract Service Exceptions, such as Discard of Unpermitted Materials. Notice or Notify or other variation thereof means notice given under Section 20. "Due Notice" or "Notice duly given", refers to Notice given under Section 20. Own, Owner or Ownership or other variation there or has the meaning provided in the constructive ownership provisions of Section 31 B(a) of the Internal Revenue Code of 1986, as in effect on the Contract Commencement Date, except that (1) 10% is substituted for 50% in Section 318(a)(2)(C) and In Section 318(a)(3)(C) thereof; (2) Section 318(a)(5)(C) is disregarded, and (3) ownership interest of less than 10 percent is disregarded and percentage interests is determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Party and Parties means the following 2 Persons, individually and together: (1) KIB, and (2) Contractor. Performance Assurances means each and every Indemnity, Insurance, Letter of Credit and Guaranty, and any other instrument described in Section 13. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 163 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 82 of 93 Contract Na. FY2019-25 Performance Obligations means each and every obligation and liability of Contractor under this Contract. Permit means any of the following, of whatever kind and however described that Applicable Law requires Contractor to obtain or maintain with respect to satisfaction of Performance Obligations, as renewed or amended from time to time: (1) permit; (2) registration; (3) order; (4) license (including business license); (5) approval; (6) authorization; (7) consent; and, (8) entitlement Person means any of the following: (1) individual; (2) sole proprietorship (3) firm; (4) association; (5) organization; (6) partnership (whether limited or general); (7) corporation; (8) trust; (9) joint venture; (10) Regulatory Authority' or, (11) any other entity Position of Influence means a position of authority or responsibility to directly or indirectly administer, manage, direct, supervise or oversee Contract Services or this Contract, including the following: (1) Affiliate Parents' officers; (2) Affiliate Parents' directors; (3) individual who reviews or negotiates Contractor's contracts (including this Contract); (4) individual who provides in-house legal services; (5) Affiliate insurer (captive insurance), (6) Guarantor, and (7) Affiliate surety or other Person providing Performance Assurance. Premises means a tract of land with habitable buildings located in the Contract Service Area and safely accessible by Vehicles. Processing means solid waste: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 164 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 83 of 93 (1) reduction; (2) separation; (3) recovery; (4) conversion; (5) recycling; and, (6) composting. Processing means 'processing" of Solid Waste: it does not mean baling refuse. Promptly or Prompt means as soon as practicable, but not more than two days. Quarter means any of all of the following periods, as the context demands: (1) January, February, March ("1st Quarter"), (2) April, May, June ("2nd Quarter"), (3) July, August, September ("3rd Quarter"), (4) October, November, December ("4th Quarter"). Proposal means the response provided by the Contractor to the Residential and Solid Waste Collection and Recycling Services Request For Proposal. RCRA means the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq. Reasonable Business Efforts means those efforts a reasonably prudent business Person would expend under the same or similar circumstances in the exercise of that Person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which that Person has undertaken to satisfy. Receptacle means any Cart, Dumpster, Roll Off Container or other receptacle (such as bags designed for solid waste discard, but not shopping or grocery bags) for storing discarded Refuse. Records means information relating to Contract Services and other Performance Obligations, including documentation in any form or media, including: (1) ledgers and books of account: (2) invoices, vouchers and canceled checks; (3) logs and correspondence; (4) data and computations; (5) files; (6) reports; (7) drawings, plans and designs (other than those respecting facilities or facility operations that do not involve Collection, such as materials recovery facility plans and specifications); and, {8) photographs. Recyclables means Solid Waste that is recyclable. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 165 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 84 of 93 Recyclables Processing Facility means the Contractor -operated facility where it processes recyclables for shipment to markets. Recycle, Recycling or Recyclable means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycled Content Procurement Policy means KIB'S current buy -recycled policy, if any. Recycling or Recycling Services means all activities related to managing Recyclables. Refuse means Solid Waste comprised of rubbish, trash and garbage, excluding any Bulky Item that Contractor Diverts. Regularly Scheduled Collection Day(s) means the same day(s) each week on which Contractor provides Collection to a Customer. Regulatory Authority means each of the following that has jurisdiction over either Party or this Contract: (1) the United States; (2) the State of Alaska and other states; (3) KIB; (4) governmental authorities, agencies and districts; (5) governmental boards and commissions; (6) federal, state and local courts; and, (7) any other municipal, governmental or public bodies. Report means any report that Contractor is obligated to provide under this Contract, including Section 10. Residential describes Persons (such as Premises or types of Solid Waste) in the related to Residential Premises. Customers) or things (such as Carts, Contract Service Area that reside or are Residential Customer means a Customer who owns or occupies a Residential Premise. Residential Premise means a premises meeting both of the following conditions: (1) It contains one, two or three dwelling unit(s); and, (2) Each dwelling unit is occupied by related individuals or by 5 or fewer unrelated individuals. Roll Off Container means an open -topped rectangular container for storage, collection and transport of Solid Waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). Rollout Service means taking the following actions by manual means: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 166 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 85 of 93 (1) dismounting from the Collection Vehicle, (2) moving a Receptacle more than five feet (5') from its storage location indicated on that Customer's Service Subscription (such as within enclosures or by garages) to the Collection Vehicle for emptying, and (3) returning the Receptacle to its storage location. Self -Haul a customer who notifies the Contractor in writing that they intent to personally store, collect, transport, and dispose of Solid Waste generated on that person's Premises. These customers will be charged by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190 gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off container. Senior Discount means the amount by which the Contractor Service Fee is reduced from time to time by KIB for providing Contract Service to any Residential Customer who is over 65 years old as evidenced to KIB by birth dates on driver's licenses, birth certificates, passports, green cards or other documentation issued by a Regulatory Authority. Service Day means a weekday or Saturday, Holidays excepted, when Contractor must provide Contract Service. (Compare "KIB Business Day".) Set -out Site means the location agreed to by Contractor and the Customer and indicated on the Customer Service Subscription or required by KIB, where Customer must place its Carts for Collection, including: (1) Residential curb: on the curb in front of Residential Premises; in the street immediately adjacent to that curb or; if there is no curb, at the edge of Customer's property abutting the street, unless Contractor provides Roll -out Service or Up -the- Drive Service; (2) Roll -out Service: at the storage location agreed upon between a Residential Customer and Contractor and included on the Customer Service Subscription; and. (3) Up -the -Drive Collection: at the storage location agreed upon between a Residential Customer and Contractor. Solid waste means "municipal solid waste" defined under AS 46 .03.900. Solid Waste means "municipal solid waste" discarded in Receptacles, other than Unpermitted Waste, located in the Contract Service Area that Contract Must Collect, including: (1) Refuse; (2) Recyclables; (3) Bulky Items; and, (4) C&D Debris. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 167 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 86 of 93 Solid Waste Management Facility means the following facilities, individual and together, as the context demands: (1) KIB Landfill; and, (2) any other facility that handles Solid Waste and that is approved by KIB. State means the State of Alaska. Subcontract means any arrangement, formal or informal, written or merely in practice, between Contractor and a Subcontractor, including: (1) contracts or agreements; (2) letters or memorandum of understanding or intent; and, (3) subscription or purchase orders. Subcontractor means anyone Person that provides Goods or Services related to Collection, transportation or storage of Solid Waste or related to Service Assets, including their operation, maintenance and repair, to or on behalf of Contractor. Such as means for example. Term of this Contract means the period beginning on the Contract Commencement Date and ending on the Termination Date. Termination Date means the date this Contract expires or is earlier terminated. Termination Events are such instances as described in Section 16.01. Ton (or Tonnage) means a short ton of 2,000 pounds avoirdupois. Transfer means any of the following: (1) selling, exchanging or otherwise transferring Ownership or control of Contractor (through sale, exchange or other transfer of outstanding stock, partnership shares, equity interest or otherwise); (2) issuing new stock or selling, exchanging or otherwise transferring 20% or more of the then outstanding common stock of, or partnership shares or equity interest in, Contractor; (3) any dissolution, reorganization, consolidation, merger, re -capitalization, stock issuance or re -issuance, voting trust, pooling agreement, escrow arrangement, liquidation, buy-out or other transaction which results in a change of Ownership or control of Contractor: (4) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment of an execution, being levied against Contractor, appointment of a receiver Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 168 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 87 of 93 taking possession of any of Contractor's tangible or intangible property (5) any sale or other transfer of 50% or more of the value of assets of Contractor except for sales or transfers to parents, grandparents, siblings, children, and grandchildren of persons having a shareholder, partnership or other equity interest in Contractor on the Contract Commencement Date ("Immediate Family") or trust created primarily to benefit members of the Immediate Family; (6) substitution by a surety company providing any performance bond of another Person for Collector to perform Contract Services; and (7) assumption of any of Contractor's rights under this Contract, or (8) assumption by, delegation to or takeover of any Performance Obligations or any other Contractor's duties or responsibilities under this Contract by any Person other than Contractor, whether by Subcontract, unless approved by KIB pursuant to the requirements of this Contract, or any other mechanism. (9) any combination of the forgoing (whether or not in related or contemporaneous transactions), without consideration, which has the effect of any transfer or change of Ownership or control of Contractor. For the purpose of this definition, "control" has the meaning provided in Rule 144 of the Securities Act of 1993 Transition Plan means the Contractor Documentation consisting of the plan submitted by the Contractor pursuant to Section 4, as approved by KIB. Uncontrollable Circumstance(s) means any of the following events: (1) any natural disaster such as landslide, lightning, earthquake, fire, flood, tsunami, (other than reasonably anticipated weather conditions for the geographic area of KIB, such as wind, rain or snow); (2) sabotage, explosion; (3) Insurrection, riot or civil disturbance, war or other emergency affecting KIB declared by the President of the United Sates or Congress of the United States, the State Governor or KIB Governing Body; (4) failure of public agency or private utility to provide and maintain water, power or service in KIB or at Contractor's operations and maintenance yard or administrative offices; (5) other catastrophic events beyond the reasonable control of that Party and not the result of willful or negligent action or inaction of that Party (other than the contesting in good faith or the failure in good faith to contest that action or inaction}, which materially and adversely affects the ability of either Party to perform any obligation under this Contract despite that Party's exercise of due diligence. Uncontrollable Circumstances excludes, without limitation: Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 169 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 88 of 93 (1) Breach, Default or Contractor's financial inability to satisfy its Performance Obligations; (2) strikes, work stoppages or other labor disputes or disturbances of any Subcontractor or Contractor's inability to hire adequate numbers of personnel who are competent and skilled in the work to which they are assigned; (3) failure of Contractor to obtain Permits and patents, licenses, or trademarks necessary to perform Contract Services; and (4) the failure of any Contract Service Asset to function under any warranties, unless caused by Uncontrollable Circumstances. Unpermitted Waste means materials that cannot be disposed of in the KIB Landfill under Applicable Law of the State or K18 rules. Unpermitted Waste Screening Protocol is Contractor Documentation cons1stmg of the protocol that Contractor has submitted pursuant to Section 9.03, which has been approved by KIB. Vehicle means any truck used to provide Contract Services. Violation means any noncompliance with Applicable Law as evidenced by written notice, assessment or determination of any Regulatory Authority to Contractor, whether or not a fine or penalty is included, assessed, levied or attached. Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 170 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 89 of 93 SECTION 24: EXECUTION 24.01 Execution in Counterparts. This Contract may be signed in any number of original counterparts. All counterparts will constitute but one and the same Contract. 24.02 Authority to Execute. a. KIB. KIB warrants that its officers listed below have been duly authorized to execute this Contract on its behalf b. Contractor. Contractor warrants that the individuals listed below have Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: Name Title: Date: ATTEST By: Name: Title: Date: The Borough: KODIAK ISLAND BOROUGH By: Name: Title: Date: APPROVED AS TO FORM By: Name: Title: Date: ATTEST: By: _ Name: Title:_ Date Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 171 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 90 of 93 EXHIBIT A REQUEST FOR PROPOSAL Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 172 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 91 of 93 EXHIBIT B LIQUIDATED DAMAGES 1. Liquidated Damages. Pursuant to Section 15.01 of the Exclusive Service Contract "Contract") executed by and between the Kodiak Island Borough ("KIB") and (Contractor), Contractor shall be liable to KIB for liquidated damages in the amount of $75.00 for any first incident, $100.00 for any second incident within 12 months, and $200.00 for every similar incident thereafter within 12 months, should KIB determine that Contractor has committed certain breaches of its Performance Obligations. KIB's assessment of Liquidated Damages does not preclude KIB from enforcing the KIB Code for corresponding Violations. 2. Breaches for Which Liquidated Damages May Be Assessed. a. Failure to provide Contract Services to any Customer, including missed pickups; b. Failure to return emptied Containers to its Set -out site; c. Failure to deliver any collected Solid Waste to a disposal facility approved by KIB; d. Failure to maintain Records, including but not limited to Contractor's failure to record a complaint; e. Failure to timely respond to and resolve a customer complaint; f. Failure to deliver, repair, replace or pick up Carts, Dumpsters or Roll -offs; g. Failure to observe Collection schedule; h. Failure to observe Contractor's Office Hours; I. Failure to clean up litter, spills, and leaks; j. Transportation of collected waste and recyclables in uncovered Collection Vehicles; k. Failure to provide KIB with timely access to Records; I. Failure to display its telephone number on Vehicles; m. Failure to return KIB telephone calls; n. Failure to meet with KIB; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 173 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 92 of 93 o. Failure to remedy any violation of KIB code within five (5) days of any Notice of Violation; p. Failure to submit Reports, or any other required documentation, to KIB; q. Failure to charge Customers consistent with the Contractor Service Fee Schedule; r. Engaging in discourteous behavior toward Customers; Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 174 of 298 AGENDA ITEM #14.A.1. Contract FY2019-25 As Amended March 2021 Page 93 of 93 EXHIBIT C CONTRACTOR'S PROPOSAL DOCUMENTS Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commerc... Page 175 of 298 AGENDA ITEM #14.A.2. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2025-29, Architectural And Engineering Services Contract For Various Capital Improvement Projects With Jensen Yorba Wall, Inc. ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2025-29 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services for Various Capital Improvement Projects. DISCUSSION: This contract is for the architectural and engineering services for to assist the Kodiak Island Borough with various renovation, new construction, and renewal/replacement projects at various Borough facilities, including but not limited to schools, government offices, and research facilities. A Request for Proposals (RFP) was issued on September 23, 2024, with a due date of October 24, 2024. Three proposals were received from the following firms (listed alphabetically): • Jensen Yorba Wall, Inc. • LCG Lantech, Inc. • Nvision Architecture, Inc. The evaluation committee consisted of the entire roster of the Architectural and Engineering Review Board (ARB) which consisted of eleven (11) individuals. All proposals along with a blank rubric sheet were provided to all evaluators electronically by email and a OneDrive link. Eight evaluators submitted their scores to the Engineering and Facilities Department, which were compiled and averaged on a excel spreadsheet. Based on these scores, Jensen Yorba Wall, Inc. had the highest cumulative average score. The ARB convened on October 30, 2024, to discuss the proposals and recommend a firm for contract award to the Assembly. Attached please find the draft minutes from this meeting, in which the ARB Board moved to recommend Jensen Yorba Wall as the selected proposer for the Architectural and Engineering Services Contract. ALTERNATIVES: Approve, take no action, or reject all proposals. FISCAL IMPACT: There are no immediate costs associated with the award of this contract. Funding source will be dependent on each project as they arise. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 176 of 298 AGENDA ITEM #14.A.2. Document B1020 - 2017 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the 8 th day of November in the year 2024 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) Kodiak Island Borough, Municipality 710 Mill Bay Road Kodiak, Alaska 99615 Telephone Number 907-486-9210 and the Architect: (Name, legal status, address and other information) Jensen Yorba Wall, Inc. General Corporation 522 West 10t' Street Juneau, Alaska 99801 Telephone Number 907-586-1070 for the following (hereinafter referred to as "the Project"): (Insert information related to types of services, location, facilities, or other descriptive information as appropriate) Kodiak Island Borough Term Contract Kodiak, Alaska Various CIP Projects The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 177 of 298 AGENDA ITEM #14.A.2. TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the Architect's services and incorporated into this document in Section 9.2) The Scope of Services to be accomplished under this contract shall be as defined in the Request for Proposals for Architectural and Engineering Services for Various Capital Improvement Projects issued by the Kodiak Island Borough (KIB) dated September 2024. The Scope shall be further defined by the attached Proposal submitted by Jensen Yorba Wall, Inc. (JYW) in response to the RFP. The Scope shall be further defined as mutually agreed upon by KIB and JYW. § 1.1.1 The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect identifies the following representative authorized to act on behalf of the Architect with respect to the Project. (List name, address, and other contact information) Corey Wall 522 West IOth Street Juneau, Alaska 99801 Telephone Number 907-586-1070 § 1.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 2 American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 178 of 298 AGENDA ITEM #14.A.2. § 1.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 6.2.3. § 1.5.1 Commercial General Liability. Amounts as required by the Kodiak Island Borough. § 1.5.2 Automobile Liability. Amounts as required by the Kodiak Island Borough. § 1.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 1.5.1 and 1.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 1.5.4 Workers' Compensation at statutory limits. § 1.5.5 Employers' Liability. Amounts as required by the Kodiak Island Borough. § 1.5.6 Professional Liability. Amounts as required by the Kodiak Island Borough. § 1.5.7 Additional Insured Obligations. If requested by the Owner, to the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 1.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 1.5. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 2.2 The Owner identifies the following representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. (List name, address, and other contact information) § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 179 of 298 AGENDA ITEM #14.A.2. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 2.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. (Paragraph Deleted) § 3.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 5 and Article 6. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instalments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1. The terms of this Section 3.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 5.4. § 3.4 Any use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 3.5 Except as otherwise stated in Section 3.3, the provisions of this Article 3 shall survive the termination of this Agreement. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 General § 4.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 5.7. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 180 of 298 AGENDA ITEM #14.A.2. § 4.2 Mediation § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding dispute resolution shall be the following: (Check the appropriate box) [ ] Arbitration pursuant to Section 4.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 4.3 Arbitration § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 181 of 298 AGENDA ITEM #14.A.2. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 Consolidation or Joinder § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 4.4 The provisions of this Article 4 shall survive the termination of this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 5.6 If the Owner terminates this Agreement for its convenience pursuant to Section 5.5, or the Architect terminates this Agreement pursuant to Section 5.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 5.7 In addition to any amounts paid under Section 5.6, if the Owner terminates this Agreement for its convenience pursuant to Section 5.5, or the Architect terminates this Agreement pursuant to Section 5.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 182 of 298 AGENDA ITEM #14.A.2. .1 Termination Fee: $0 .2 Licensing Fee, if the Owner intends to continue using the Architect's Instruments of Service: $0 § 5.8 Except as otherwise expressly provided herein, this Agreement shall terminate (Check the appropriate box) [ ] One year from the date of commencement of the Architect's services [ ] One year from the date of Substantial Completion [ X ] Other (Insert another termination date or refer to a termination provision in an attached document or scope of service) Term of the contract for A&E services shall be three calendar years following the activation of this agreement, with the option for both parties to agree to one (1) two-year extension. If the Owner and Architect do not select a termination date, this Agreement shall terminate one year from the date of commencement of the Architect's services. § 5.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 5.7. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect as set forth below for services described in Section 1. 1, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) Compensation shall be as agreed between the Kodiak Island Borough and Jensen Yorba Wall, Inc. § 6.2 Compensation for Reimbursable Expenses § 6.2.1 Reimbursable Expenses are in addition to compensation set forth in Section 6.1 and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project -related expenditures. Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 183 of 298 AGENDA ITEM #14.A.2. § 6.2.2 For non -travel Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred. Travel Reimbursable Expenses shall be the expenses incurred by the Architect and Architect's consultants. (Paragraph Deleted) § 6.3 Payments to the Architect § 6.3.1 Initial Payments § 6.3.1.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.3.2 Progress Payments § 6.3.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ninety ( 90 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) 4 % per annum § 6.3.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.3.2.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Except as separately defined herein, terms in this Agreement shall have the same meaning as those in AIA Document A20IT"L2017, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 7.4 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 7.4.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T`4--2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T'�L-2013, Project Building Information Modeling Protocol Form, shall be at the using or Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 184 of 298 AGENDA ITEM #14.A.2. relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 7.5 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 7.6 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 7.7 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 7.8 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 7.8 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 5.4. § 7.9 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 7.9.1. This Section 7.9 shall survive the termination of this Agreement. § 7.9.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 7.9. § 7.10 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) 8.1 Architect's and Architect's Consultants' hourly rates shall be enforced until December 31, 2025. Hourly rates shall be re -negotiated after January 1, 2026. ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 9.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 102T"L2017, Standard Form Agreement Between Owner and Architect Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 185 of 298 AGENDA ITEM #14.A.2. .2 AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement.) .4 Other documents: (List other documents, including the Architect's scope of services document, hereby incorporated into the Agreement.) 1. Request for Proposals for Architectural and Engineering Services for Various Capital Improvement Projects issued by the Kodiak Island Borough (KIB) dated September 2024. 2. Proposal by Jensen Yorba Wall, Inc. in response to the RFP, dated October 24, 2024 which includes Schedule of Hourly Rates This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Corey Wall Vice President Jensen Yorba Wall, Inc. License: AK-7597 (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 10 American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not / for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 186 of 298 AGENDA ITEM #14.A.2. Additions and Deletions Report for AIA® Document B1020 — 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:06:16 AKT on 11/08/2024. PAGE AGREEMENT made as of the 8 th day of November in the year 2024 Kodiak Island Borough, Municipality 710 Mill Bao Kodiak, Alaska 99615 Telephone Number 907-486-9210 Jensen Yorba Wall, Inc. General Corporation 522 West 101 Street Juneau, Alaska 99801 Telephone Number 907-586-1070 Kodiak Island Borough Term Contract Kodiak, Alaska Various CIP Projects PAGE 2 The Scope of Services to be accomplished under this contract shall be as defined in the Request for Proposals for Architectural and Engineering Services for Various Capital Improvement Projects issued by the Kodiak Island Borough (KIB) dated September 2024. The Scope shall be further defined by the attached Proposal submitted by Jensen Yorba Wall, Inc. (JYW) in response to the RFP. The Scope shall be further defined as mutually agreed upon by KIB and JYW. Corey Wall 522 West 1O1 Street Juneau, Alaska 99801 Telephone Number 907-586-1070 PAGE 3 Additions and Deletions Report for AIA Document B102 —2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 187 of 298 AGENDA ITEM #14.A.2. § 1.5.1 Commercial General Liability lity with poliey limits of not toss than ($) for oa6h , o o and ($) in the aggregate for bodily injt y and propefty damage.Liability. Amounts as required by the Kodiak Island Borough § 1.5.2 Automobile Liabilitycovering vehieles owned, and non owned vehieles used, by the A-fohiteetwith polio lim-its of nat IRss than ($ ) per aeeideflt for bedily if��,, death ofany person, and propei4y damage ar-ising eu� of the wAmership, maintenanee and use of these motor- 3vehieles, along with any other- statutorily required automobile eoverage.. Amounts as required by the Kodiak Island Borough. § 1.5.5 Employers' Liabili",ith policy lifnits not less than ($ ) each accident, each employee, and ($ ) polio lam. Amounts as required by the Kodiak Island Borough. § 1.5.6 Professional Liability . Amounts as required by the Kodiak Island Borough. § 1.5.7 Additional Insured Obligations. If requested by the Owner, to the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella peheies oln ices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. PAGE 4 § 3.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Ser-viee solely Service, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 5 and Article 6. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of L�T}7T.TlTl . _ .1-T.Ir.W%MW }M.-7— 7-T.liRS!!EST-CY3^lS/T- § 3.4 Exeept for the lieenses gFanted in this At4iele 3, no other lieense or right shall be deemed gFanted or imp i tmder- this Agreement. The Owner sha4l not assign, delegate, sublicense, pledge or otherwise transfer- any license . Any mouse of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. Additions and Deletions Report for AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 188 of 298 AGENDA ITEM #14.A.2. PAGE 5 [ X ] Litigation in a court of competent jurisdiction PAGE 7 [ X ] Other Term of the contract for A&E services shall be three calendar years following the activation of this agreement, with the option for both parties to agree to one (1) two-year extension. Compensation shall be as agreed between the Kodiak Island Borough and Jensen Yorba Wall, Inc. PAGE 8 § 6.2.2 For non -travel Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred. and lifnits the Arehiteet normally the Ovaier- shall pay the Arehiteet for the additional eosts inetiffed by the A rehiteet for- the additional o maintains, set fefffi�-Travel Reimbursable Expenses shall be the expenses incurred by the Architect and Architect's consultants. § 6.3.1.1 An initial payment of zero ($ a_) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.3.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid nine ( 90 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Additions and Deletions Report for AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 189 of 298 AGENDA ITEM #14.A.2. 4 % per annum § 7.4 The parties shall agree upon wFittenprotocols governing the transmission and use of, and reliance en, of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203T"L2013, Buildina Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. PAGE 9 § 7.4.1 Any use of, or reliance on, all or a portion of a building information model without agreement toygitten protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modelingand nd Digital Data Exhibit, and the requisite AIA Document G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 8.1 Architect's and Architect's Consultants' hourly rates shall be enforced until December 31, 2025. Hourly rates shall be re -negotiated after January 1, 2026. PAGE 10 .2 AIA Document E203Tm-2013, Building Information Modeling :and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this At?reement.) 1. Request for Proposals for Architectural and Engineering Services for Various Capital Improvement Projects issued by the Kodiak Island Borough (KIB) dated September 2024. 2. Proposal by Jensen Yorba Wall, Inc. in response to the RFP, dated October 24, 2024 which includes Schedule of Hourly Rates Corey Wall Vice President Jensen Yorba Wall, Inc. License: AK-7597 Additions and Deletions Report for AIA Document B102 — 2017. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997, 2007 and 2017. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 190 of 298 AGENDA ITEM #14.A.2. Certification of Document's Authenticity AIA° Document D401 TM - 2003 I, jyw, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:06:16 AKT on 11/08/2024 under Order No. 4104241744 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 102TM - 2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 — 2003. Copyright(g) 1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:06:16 AKT on 11/08/2024 under Order No.4104241744 which expires on 01/23/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA53) Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 191 of 298 AGENDA ITEM #14.A.2. Kodiak Island Borough - A&E RFP Cumulative AVERAGE Scoring Summary POEM& Firm Qualifications and Experience Possible Points 40 Jensen Yorba dh 38.63 LCGT:7e% 35.88 36.13 Proposed Project Team 20 20.00 19.00 19.25 Management Plan 10 9.31 8.94 8.97 Familiarity and Experience with Work in Kodiak 20 20.00 17.38 18.50 Proposed Detailed Fee Schedule 10 7.63 9.25 6.25 TOTAL 100 95.56 90.44 89.09 Spreasheet Created by P.Valerio 10.29.2024 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 192 of 298 AGENDA ITEM #14.A.2. I:c l •] /_1:1111 1;9 W_1 h 117=1•]:1011lr]: Architectural and Engineering Review Board Regular Meeting October 30, 2024 Held in the Conference Room 121 of the Kodiak Island Borough Building. CALL TO ORDER ROLL CALL Jascha Zbitnoff called the regular meeting to order at 1:30 p.m. Board Members present were Jascha Zbitnoff, Jerrol Friend, Jon Melin, Ty Swanson, and Doug Mathers. Dan Rohrer was absent. A quorum was established. Also present were Kodiak Island Borough Manager Aimee Williams, Kodiak Island Borough Engineering & Facilities Director David Conrad, Kodiak Island Borough Projects Manager Codi Allen, Kodiak Island Borough Assembly Member Ryan Sharratt, Kodiak Island Borough School District Superintendent Cyndy Mika. APPROVAL OF AGENDA FRIEND MOVED to approve the agenda as written. MELIN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES FRIEND MOVED to approve the minutes from June 18, 2024. MELIN seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) NEW BUSINESS a. Architectural & Engineering Request for Proposals Evaluation Discussion Patricia Valerio reviewed the process to date. Three proposals were received. Eight of eleven evaluations were conducted. Cumulative average scores were provided to the board for discussion. The Board shared opinions on how the firms scored and were in support of moving forward with successful bidder. Ryan Sharratt asked the board if they were satisfied with the process of evaluating the proposals and if they desire to have it solidified as the usual procedure. The Board responded favorably to the question, that they though the process was streamlined and including all the stakeholders was valuable. MELIN MOVED to recommend Jensen Yorba Wall to the Borough Assembly as the successful proposer for the Architectural and Engineering Services Contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough October 30, 2024 Architectural and Engineering Review Board Regular Meeting Minutes Page 1 of 2 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 193 of 298 AGENDA ITEM #14.A.2. BOARD MEMBERS' COMMENTS Ryan Sharratt — Thank you all for your input. I am trying to push for all contracts to be updated and consistent with each other. Jerrol Friend - None. Ty Swanson — North Star and Peterson walk-arounds? David Conrad responded that they can go out and view on their own but it is a liability to hold a meeting, especially on roofs. Codi Allen suggested doing walk-arounds at or before the end of construction on a project, it will have less impact on location. Doug Mathers - None. Jon Melin — None. Jascha Zbitnoff - None. ADJOURNMENT FRIEND MOVED to adjourn the meeting at 1:49 pm. Melin seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY RESPECTIVELY SUBMITTED: PROJECTS ASSISTANT: Patricia Valerio CHAIRPERSON: Jascha Zbitnoff Architectural/Engineering Review Board Kodiak Island Borough October 30, 2024 11170494 DATE: Architectural and Engineering Review Board Regular Meeting Minutes Page 2 of 2 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 194 of 298 AGENDA ITEM #14.A.2. KODIAK ISLAND BOROUGH REQUEST FOR PROPOSALS Architectural & Engineering Services for Various Capital Improvement Projects September 2024 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9341 Architectural & Engineering Services Request for Proposals Page 1 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 195 of 298 AGENDA ITEM #14.A.2. REQUEST FOR PROPOSALS Architectural & Engineering Services for Various Capital Improvement Projects Proposals will be received until 2:00 p.m. (local time) on October 24, 2024, by the Kodiak Island Borough (Borough) for architectural and engineering services related to renovation and renewal/replacement projects at various Borough facilities. Request for Proposal documents are available electronically through our website: www.kodiakak.us. Contact information for questions regarding this request for proposals: David Conrad, Director 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: dconrad@kodiakak.us & pvalerio@kodiakak.us Proposals will be received until the date and time stated above. Proposals received after the time stated above will be returned unopened. Submit Proposals to: Office of Finance Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Envelopes must be clearly marked: Kodiak Island Borough Architectural & Engineering Services. The Kodiak Island Borough reserves the right to reject or accept any or all proposals, to waive irregularities or informalities in the proposals, and to give particular attention to the qualifications of the proposer. Aimee Williams, Borough Manager September 23, 2024 Publish: Anchorage Daily News September 25, & Oct. 2 & 9, 2024. Architectural & Engineering Services Request for Proposals Page 2 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 196 of 298 AGENDA ITEM #14.A.2. IMPORTANT REGISTRATION FORM MANDATORY In order to receive addenda and any other information which may impact or alter the specifics of this Request for Proposals, please fill out the contact information below and return to the Kodiak Island Borough. ONLY REGISTERED PARTIES WILL RECEIVE NOTIFICATIONS. Contact Information Name of Company: Contact Name: Street Address: City, State, Zip: 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 Phone: (907) 486-9341 Fax: (907) 486-9394 Email: pvalerio(i�kodiakak.us Architectural & Engineering Services Request for Proposals Page 3 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 197 of 298 AGENDA ITEM #14.A.2. INTRODUCTION The purpose of this Request for Proposals (RFP) is to obtain professional architectural and engineering (A&E) services to assist the Kodiak Island Borough with various renovation, new construction, and renewal/replacement projects at various Borough facilities, including but not limited to, schools, government offices, and research facilities. The agencies involved in these projects include the following: Kodiak Island Borough (KIB): The owner of the facilities and real property upon which the facilities are built. For the purposes of this RFP, the KIB will contract for A&E services and select a contractor in accordance with the Kodiak Island Borough Code. Kodiak Island Borough Engineering and Facilities Department (EF): The Borough's Engineering and Facilities Department oversees the construction and maintenance of KIB facilities and will administer these projects. Kodiak Island Borough Architectural/Engineering Review Board (ARB): The ARB is a standing advisory board of the KIB empowered to review all architectural and engineering proposals and design drawings for Borough owned buildings and publicly funded projects, evaluate and propose improvements to specifications and drawings, and evaluate the list of proposed architects and forward a recommendation to the Kodiak Island Borough Assembly. Kodiak Island Borough School District (KIBSD): The KIBSD Maintenance Department performs the operation and maintenance of school facilities as required under State of Alaska statutes. COMMUNITY PROFILE Situated in the Gulf of Alaska, the Kodiak Island Borough is located in the Kodiak Island Archipelago, an area comprised of sixteen major islands paralleling the Katmai Coast along the Alaska Peninsula for 177 miles. At 3,588 square miles, Kodiak Island is the second largest island in the United States, second only to the island of Hawaii. The city of Kodiak is 250 air miles southwest of Anchorage and is the seventh largest city in the state. Total island wide population including the six villages of Akhiok, Larsen Bay, Karluk, Port Lions, Old Harbor, and Ouzinkie is a little over 13,000. Moderate seasons, cloudy skies, and moderately heavy precipitation characterize climatic conditions. Average yearly rainfall is 78 inches with an average of 68 inches of snowfall. Wind averages 10 knots with gusts as high as 100 knots. SCOPE OF WORK The intent of this RFP is to solicit proposals from A&E firms to enter into a term contract with the Kodiak Island Borough (KIB) to provide A&E services for renovation, new construction, and renewal/replacement projects at various Borough facilities. These services may include but not be limited to developing architectural and engineering plans and specifications, cost estimates, and providing construction administration services. Architectural & Engineering Services Request for Proposals Page 4 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 198 of 298 AGENDA ITEM #14.A.2. The term of this contract services will be five (5) years from the date it is executed, with the option for both parties to agree to four (4) one-year extensions. The contract is for service on an as needed basis. While not controlling, the average number of hours of service annually for services provided under this contract is between 800-900 hours. Following is a list of potential projects provided to give proposers examples of the types of design services that may be required under this contract. No guarantee is made that these specific services will be required, or that services required will be limited to these types of projects: Main Elementary Siding and Window Replacement: Removal and replacement of siding and windows. East Elementary Parking Lot Replacement and Addition: Removal and replacement of parking lot area. Also add more parking in the current baseball field area. Kodiak Island Borough Building Abatement: Remove all remaining asbestos from the building. Bayside Fire Department Addition: Adding onto the building to create a storage area and additional bathrooms. Village School Mechanical Upgrades: Upgrades to mechanical systems, including boilers, pumps, air handling fans and motors, and controls systems at village schools including Akhiok, Old Harbor, Ouzinkie, and Port Lions. Design packages may be split into phases and/or packages in order to accommodate phasing and budget constraints. Projects may be completed separately or together, and concurrently or in multiple phases over several years, in order to accommodate operational and/or budget constraints. The successful proposer will be required to ensure that planning and design of each project considers the typical operating periods for each facility. Design services shall include the customary architectural, structural, civil, mechanical, and electrical engineering services in either electronic or paper format associated with the following stages, which may include but not be limited to: Schematic Design: Drawings and other documents that serve to illustrate the general scope, scale, and relationship of project components. Design Development: Drawings and other documents that serve to fix and describe the size and character of the entire project as to structural, mechanical, and electrical systems, materials, professional estimating, and such other essentials as are appropriate. Construction Documents: Drawings and specifications that provide in detail the requirements for construction of the entire project. Bid Services: Documents for obtaining bids and awarding contracts for construction, including providing responses to bidder questions, and analysis of alternatives/substitutions. Architectural & Engineering Services Request for Proposals Page 5 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 199 of 298 AGENDA ITEM #14.A.2. Construction Administration Services: Assistance in KIB's administration of the construction contracts including review of shop drawings, construction observations, change order review, and project close out assistance. Project Closeout: Assistance in KIB's administration of the construction contract closeout including services required to permit occupancy or utilization for use as intended, record document generation, operation and maintenance manual processing, facility and system commissioning, and warranty period support. It is KIB's intention to enter into a term contract with one firm for this work. The successful firm will be the lead for its team of consultants as required by each particular project. The term contract will include a fee schedule for the lead firm and consultants but will not include the total fee for any actual project. At the start of each individual project a fee will be negotiated and a change order to the contract executed by all parties. CONTRACT AWARD SCHEDULE The anticipated contract award schedule is as follows: RFPAvailable................................................................................................ Sept. 23, 2024 QuestionsDue................................................................................................. Oct. 14, 2024 Proposal Responses Due to KIB..................................................................... Oct. 24, 2024 Proposal Review............................................................................... Week of Oct. 28, 2024 Proposal Presentations (if necessary) ................................................ Week of Oct. 28, 2024 Recommendation of Firm to ARB................................................................... Nov. 6, 2024 ARB Meeting to Forward Recommendation of Firm to Assembly ................. Nov. 6, 2024 Assembly Approval........................................................................................ Nov 21, 2024 Commencement of Fee Schedule Proposal and Negotiations ........................... Dec. 2, 2024 Sign Contract...................................................................................... Week of Dec 2, 2024 PROPOSAL Proposals should not exceed ten (10) double sided and stapled pages (8.5 x 11), exclusive of appendix, proposed detailed fee schedule pages, cover page, letter of transmittal, and table of contents. Provide six (6) hard copies plus one (1) copy in electronic PDF format on a storage device accessible by a standard USB port. The response must contain, in the order presented, information to address the evaluation criteria set forth in this solicitation. Proposals shall include with a letter of transmittal including the following information: 1. The proposer's name and address. 2. A statement that indicates the proposal is valid for at least 90 days from the proposal submission deadline. 3. A statement that indicates the proposer's willingness to perform the services described in this RFP and that all staff and other resources which are required to perform the services described in this RFP will be made available by your organization over the life of the anticipated contract. Architectural & Engineering Services Request for Proposals Page 6 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 200 of 298 AGENDA ITEM #14.A.2. 4. Acknowledgement of any addenda issued during RFP process. 5. Statement that the signatory has authority to bind the proposer. 6. Signature of authorized individual. Proposals shall be organized in the manner specified below in order to achieve a uniform review process and obtain the maximum degree of comparability for the selection committee. Please keep all project examples, project team experience, and plans relevant to work in rural Alaska, preferably with examples related to work experience in Kodiak, Alaska or the Kodiak Archipelago. A. Firm Qualifications and Experience: 1. Discussion of at least two projects of similar scope to the services requested that your firm has completed which you believe would qualify your firm for this contract. Provide at least two references for per project, with one preferably being the owner or owners representative. 2. Description of your experience with projects involving various disciplines, i.e. mechanical/electrical, civil, energy improvements, building envelope, roofing, interior renovations, new construction, etc. 3. Description of your experience with renovation projects in occupied facilities and description of the types of challenges you faced and how you overcame them. 4. Discussion of any specifics not included in the criteria above to describe why your firm may be particularly qualified to be selected for this contract. B. Proposed Project Team: 1. Description of the professional qualifications and experiences of the proposed project team members, including proposed consultants. Demonstrated expertise in working as a team on recent projects. 2. A response prepared specifically for this proposal is required. A focus on the individuals' specific duties and responsibilities and how project experience is relevant to the proposed projects is preferred. Marketing resumes often include non -relevant information which may detract from the evaluation of the proposal. Lists of projects are not useful. C. Management Plan: 1. Discussion of your proposed management plan for this contract. Provide a table or chart that shows organizational structure, chain of supervision, decision authority and communications. 2. Description of your firm's approach to the contract and, at a summary level, the steps seen as an integral part of successfully guiding KIB through this process. 3. Discussion of your firm's cost estimating procedures during the design process and how estimates are verified/validated. 4. Discussion of both current and potential projects the firm is contemplating as well as the current and potential time commitments of your proposed project team. D. Proposed Detailed Fee Schedule: The proposer shall provide a detailed fee schedule outlining the costs of each position on the proposed project team, administration costs, and any other consultants they may have association with that would be assisting with projects. The proposer's fee schedule will not be counted towards the total page count listed in the above proposal section. The detailed fee Architectural & Engineering Services Request for Proposals Page 7 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 201 of 298 AGENDA ITEM #14.A.2. schedule should include: 1. The title of each position on the proposed team (e.g. principal engineer, principal architect, principal drafter, etc.). 2. Hourly cost for each position on the proposed team. 3. Hourly costs for proposed consultants working with the firm. 4. Hourly costs to administrative or accounting positions on the team. E. Insurance Requirements: The proposer shall provide evidence of insurance with an insurance carrier or carriers or by a third party which may arise from or in connection with the performance of the work hereunder by the proposer, its agents, representatives, or employees. The proposer shall maintain the following insurance policies with the specified minimum coverages and limits in force at all times during the performance of the Contract. The proposer shall furnish, the type, amount, class of operations covered, effective (and retroactive) dates, and dates of expiration of policies with the requirements noted below: Workers' Compensation: As required by AS 23.30.045, for all employees of the Consultant engaged in work under this Contract. The Consultant shall be responsible for Worker's Compensation Insurance for any subconsultant who performs work under this Contract. The coverage shall include: Employer's Liability Protection at $1,000,000 each accident/each employee and a $1,000,000 policy limit. Commercial General Liability: On an occurrence policy form covering all operations with combined single limits not less than: $2,000,000 Each Occurrence; $2,000,000 Personal Injury; $2,000,000 General Aggregate; and $2,000,000 Products -Completed Operations Aggregate. Automobile Liability: Covering all vehicles used in Contract work, with combined single limits not less than: $1,000,000 each occurrence. Professional Liability. The proposer, at his own cost and expense, shall affect and maintain at all times during the life of the Contract with combined single limits not less than: $1,000,000 each occurrence. SELECTION PROCESS A. Evaluation & Selection Process Responses to this solicitation will be reviewed and evaluated by a committee of Kodiak Island Borough employees, the chair of the Kodiak Island Borough Architectural/Engineering Review Board (ARB), one representative from the Kodiak Island Borough Assembly who will be Architectural & Engineering Services Request for Proposals Page 8 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 202 of 298 AGENDA ITEM #14.A.2. appointed to the evaluation committee by the Borough Mayor, and one representative from the Kodiak Island Borough School District. The committee will recommend one firm for selection to the ARB. The ARB will review this selection and provide a recommendation to the Kodiak Island Borough Assembly, which will make the final selection for award. The ARB board may not change the selection or scoring but may recommend for or against the award. Responses will be evaluated on the basis of the advantages and disadvantages to KIB using the evaluation factors set forth below. Responsive firms will be independently evaluated by each member of the selection committee and ranked numerically. The selection committee will meet to present each member's ranking and discuss each proposers qualifications before agreeing to recommend one firm for award. Member's may choose to change their individual evaluation scores after discussion, and after presentations should presentations occur. The final committee recommendation is based on the cumulative score by committee members. Once the committee has arrived at a cumulative score for each proposal on each criteria, the individual committee member rankings or scores will be sealed and not released. Only the cumulative committee score will be releasable when scores are eligible for release. The proposer with the highest cumulative score will be determined to be the best proposal. If two proposals have equal scores, the selection committee shall vote which proposal to recommend. The selection process for this RFP will be a qualification -based selection process where cost of services is only one component of the evaluation criteria. Firms are required to submit a detailed fee schedule for itself and its proposed consultants. B. Evaluation Factors The evaluation factors and available points for each are: Firm Qualifications and Experience 40 points Proposed Project Team 20 points Management Plan 10 points Familiarity and Experience with Work in Kodiak 20 points Proposed Detailed Fee Schedule 10 points Total 100 points The specific requirements for Finn Qualifications and Experience, Proposed Project Team, and Management Plan are detailed in the Proposal section above. Familiarity and Experience with Work in Kodiak will be an evaluation of whether the proposal's project examples, and team members have experience and/or familiarity with working in Kodiak or the surrounding areas. The Proposal Detailed Fee Schedule will be evaluated on cost of an example project with the following information: Example Project: (working hours to be calculated with proposed fee schedule hourly rates) Principal Engineer hourly rate x (multiplied by) 10 hours Principal Architect hourly rate x 10 hours Principal Drafter hourly rate x 10 hours Total Cost: $ (total of all three team members costs listed) The proposal with the lowest cost to the example project information listed above will receive the highest score. The proposal with the highest cost to the example project information above will receive the lowest score. Architectural & Engineering Services Request for Proposals Page 9 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 203 of 298 AGENDA ITEM #14.A.2. C. Presentations Selected proposers may be requested to present their proposed packages to the selection committee consistent with KIBC 3.30.110(E) the Borough may elect to negotiate with. Proposers may only present on submitted package information and will not be allowed to provide any new information. Proposers will be notified in writing of the presentation requirements, date, time, location, and amount of time allowed for a presentation and question and answer period. All expenses related to proposal development and presentation costs are the responsibility of proposer and shall not be charged to KIB. Presentations will not be evaluated or scored. D. Release of Information Per Kodiak Island Borough Code 3.30.110(D), "proposals and tabulations... shall be open to public inspection only after the contract award." Upon completion of the selection process all registered proposers will be notified of the top -ranked firm via a Notice of Intent to Award which will be posted on the KIB website. No scoring or ranking will be made public or available to any proposer until a contract is awarded and executed. Provided, however, that the proposal and scoring of the proposal recommended for award shall be made available on request to unsuccessful proposers, and a proposer may obtain the scoring for their own proposal prior to award. E. Notice of Intent to Award and Protests. Notice of Intent to Award. The Borough will issue a Notice of Intent to award to the successful proposer and negotiate a final contract for award by the Assembly. The Notice of Intent to Award will be issued when the committee recommendation is forwarded to the ARB Board. If the Borough is unable to enter into a contract with the top ranked firm, KIB reserves the right to terminate negotiations with the top ranked firm and issue a new Notice of Intent to Award and enter negotiations with the proposer with the next best ranking. Protest Period. An aggrieved proposer may file a protest of the award within ten (10) calendar days after a Notice of Intent to Award the contract is mailed. Late protests shall not be accepted or reviewed. 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 thirty (30) working days of the receipt of protest. ADMINISTRATIVE INFORMATION A. Contact Person Any information required or questions regarding this RFP should be addressed to: David Conrad, Director, and Codi Allen, Projects Manager, and Patricia Valerio, Projects Assistant Engineering/Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9341 Architectural & Engineering Services Request for Proposals Page 10 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 204 of 298 AGENDA ITEM #14.A.2. Fax: (907) 486-9394 Email: dconrad(cDkodiakak.us, callen(d)kodiakak.us & pvalerio(d),kodiakak.us *If a proposer entails, please copy all three contacts to ensure receipt. B. Deadline for Receipt of Proposals Proposals may be mailed, or hand delivered and must be physically received by KIB no later than 2:00 p.m., prevailing time (AK), October 24, 2024. Faxed proposals are not acceptable. Proposals received after the above proposal submission deadline will not be considered and will be returned. C. Proposers' Review and Substantive Questions Proposers should carefully review this RFP for errors, questionable or objectionable materials and items requiring clarification. Proposers shall put comments and/or questions in writing and submit them to the contact persons noted above. Please submit questions by October 14, 2024 at 4:00pm prevailing time (AK). This will allow time for an addendum to the RFP to be issued, if required, to all recipients of the RFP. D. Addendum to the RFP KIB reserves the right to issue written addenda, to revise or clarify the REP, respond to questions, and/or extend or shorten the due date of proposals. E. Cancellation of the RFP KIB retains the right to cancel the procurement and the RFP process at any time up until approval of the award by the Assembly if it is in the KIB's best interest to do so. KIB shall not be responsible for costs incurred by proposers for proposal preparation. F. Proposal Withdrawal and Correction A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. G. Retention of Proposals All proposals and other material submitted become KIB property and may be returned only at KIB's option. H. Cost of Proposal Preparation Any and all costs incurred by proposers in preparing and submitting a proposal are the proposers' responsibility and shall not be charged to KIB or reflected as an expense of the resulting contract. I. Delivery of Proposals KIB assumes no responsibility or liability for the transmission, delay, or delivery of proposals by either public or private carriers. J. Media Announcements Any and all media announcements pertaining to this RFP require KIB's prior written approval. K. Binding Contract This RFP does not obligate KIB or the selected proposer until a contract is signed and approved by all parties. Architectural & Engineering Services Request for Proposals Page 11 of 11 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 205 of 298 AGENDA ITEM #14.A.2. ADDENDUM1 KODIAK ISLAND BOROUGH Architectural and Engineering Services Contract Kodiak, AK August 30, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Bidders must acknowledge receipt of this addendum in the space provided on the Acknowledgement of Addenda form. Failure to do so may submit Bidder to disqualification. This addendum consists of 1 page. RESPONSES TO BIDDER QUESTIONS: QUESTION 1: On page 6 of the RFP documents, what does the appendix include? RESPONSE 1: The appendix includes the following: cover page, table of contents, letter of transmittal, fee schedule pages, and proof of insurance. END OF ADDENDUM NO. 1 KODIAK ISLAND BOROUGH Architectural & Engineering Services ADDENDUM NO. 1 PAGE 1 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 206 of 298 AGENDA ITEM #14.A.2. ADDENDUM KODIAK ISLAND BOROUGH Architectural and Engineering Services Contract Kodiak, AK October 23, 2024 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. Due to the late notice of this addendum #2, the Kodiak Island Borough will accept acknowledgement of this addendum by electronic (email or fax) to the contacts listed below. This addendum consists of 2 pages. The evaluation process has been updated please see the updated section below: Evaluation & Selection Process Responses to this solicitation will be reviewed and evaluated by all individuals listed on the public advertised roster of the Kodiak Island Borough Architectural and Engineering Review Board (ARB), see the attached roster. The Kodiak Island Borough Project Manager will provide support in an advisory capacity. The ARB will provide a recommendation to the Kodiak Island Borough Assembly, which will make the final selection for the award. Responses will be evaluated based on the advantages and disadvantages to KIB, using the evaluation factors set forth below. Responsive firms will be independently evaluated by the evaluation group, which includes everyone listed on the ARB roster, and will be ranked numerically using the rubric provided in the Invitation to Bid. The evaluation group will meet to present each member's ranking and discuss each proposer's qualifications before agreeing to recommend one firm for the award. The final recommendation will be based on the cumulative scores from evaluation group. Once the evaluation group has arrived at a cumulative score for each proposal on each criterion, the individual evaluation group rankings or scores will be sealed and not released. Only the cumulative evaluation score will be released when scores are eligible for release. The proposer with the highest cumulative score will be determined to have the best proposal. If two proposals have equal scores, the ARB members who have the power to vote, shall vote on which proposal to recommend. The selection process for this RFP will be a qualification -based selection process, where the cost of services is only one component of the evaluation criteria. Firms are required to submit a detailed fee schedule for themselves and their proposed consultants. This will not affect any firm's proposal submission only how it is evaluated. If a firm has already submitted a proposal and they would like to withdraw their proposal based on the information provided in this addendum #2, they will need to notify the contacts listed below of their intention to withdraw. Email notice to pvalerio(a_kodiakak.us & callen(a_kodiakak.us Fax notice to 907-486-9394 KODIAK ISLAND BOROUGH Architectural & Engineering Services ADDENDUM NO. 2 PAGE 1 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 207 of 298 AGENDA ITEM #14.A.2. Lam- e. KODIAK ISLAND BOROUGH ARCHITECTURAL AND ENGINEERING REVIEW BOARD/ BUILDING CODE BOARD OF APPEALS NAME TERM CONTACT NO. EMAIL 1 Jerrol Friend PO Box 175 Mill Bay Rd. 2026 (907) 539-1975 907 486-9308/1975 jerrol(a�friendcontractors.com 2 Jon Melin (Vice -Chair) 2011 Mill Bay Road #2 2024 (907) 539-1589 jon. premier(a)alaska.net 3 Tyler Swanson 473 Curlew Way 2026 (907) 512-5568 907 481-1636 tys(c�kiha.org 4 Jascha Zbitnoff (Chair) PO Box 9012 2025 (907) 942-3215 jascha(c�brechan.com 5 VACANT 2026 6 Daniel Rohrer PO Box 786 2025 (907) 486-0977 drohrer(a)kodiakak.net 7 Doug Mathers PO Box 2916 2024 (907) 486-4591 mathers(c�gci.net NON -VOTING EX-OFFICIOS 1 Aimee Williams Borough Manager (907) 486-9302 Awilliams(d7kodiakak.us 2 Ryan Sharratt Assembly Member (907) 942-5544 Ryansharratt(a?kibassembly org 3 Cindy Mika School District Superintendent or Designee Cyndy_mika(d)kibsd.org 4 Duncan Fields School Board Representative (907) 317-5959 (907) 486-6393 907 486-8835 Dfields8925(a)gmail.com STAFF Dave Conrad E&F Director (907) 486-9340 dconrad(cbkodiakak.us 44114+9Wcti111[d:1 Kodiak Island Borough Code 2.125 ArchitecturaMEngineering Review Board Kodiak Island Borough Code 15.45 Building Code Board of Appeals By Laws Adopted and Ratified on September 2, 2010 END OF ADDENDUM NO. 2 KODIAK ISLAND BOROUGH ADDENDUM NO. 2 Architectural & Engineering Services PAGE 2 Contract No. FY2025-29, Architectural And Engineering Services Contract ... Page 208 of 298 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.070 Ordinances To Require Substantive Information Is Provided At The Time Of Filing For A Reconsideration ORIGINATOR: Bo Whiteside, Assembly Member RECOMMENDATION: Move to advance Ordinance No. FY2025-10 (Version _) to public hearing at the next regular meeting of the assembly. DISCUSSION: This proposal was initiated by Assembly member Bo Whiteside and Assembly member Ryan Sharratt. They have asked staff to draft an ordinance to modify KIBC 2.30.070(M), which pertains to reconsiderations by requiring filers to provide the substantive information for reconsideration at the time of filing in order to promote transparency. The Borough Clerk included provisions to ensure that filers must have voted on the prevailing side. If the code requires filers to provide substantive information, it is logical that the filers should be in agreement on the same side. This modification also enhances the clarity of the code, which presently does not specify whether the secondary filer is obligated to have voted on the prevailing side. According to the provisions outlined below, the ordinance must be included on the agenda by December 14, 2024. The requestors retain the right to request to place this on a regular meeting agenda before the deadline or withdraw their request at any time. After the November 14, 2024, work session, a draft was presented to the Attorney for review. The proposed two recommendations (Version 1 and Version 2) for assembly consideration. The assembly may introduce the version it deems most suitable. Version 1 — This version addresses the issue of the absence of a substantive statement when a reconsideration is filed. It eliminates the clerk in making that determination; thereby, placing the responsibility on the Assembly to deem the notice to reconsider out of order and reject it for not meeting the requirement. Version 2 — This version outlines the procedure that the Assembly must follow when a mayoral veto is issued concerning an item that has been subject to a notice for reconsideration. Note: A few months ago, we encountered a situation where both a reconsideration and a veto were filed on the same item. This version eliminates procedural confusion regarding which matter should be addressed first. Kodiak Island Borough Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 209 of 298 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.100 (G)(1) Requests for Staff Assistance, states the following: During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with KIBC 2.30.060(C)(4). KIBC 2.30.060 (C)(4) 4. Agenda items prepared by staff at the request of the mayor or by two or more assembly members under KIBC 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. Alaska Statute 29.25.020 (b)(1) (1) an ordinance may be introduced by a member or committee of the governing body, or by the mayor or manager. Kodiak Island Borough Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 210 of 298 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 VERSION 1 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 RULES OF THE ASSEMBLY, SECTION 2.30.070 ORDINANCES TO REQUIRE SUBSTANTIVE INFORMATION IS PROVIDED AT THE TIME OF FILING FOR A RECONSIDERATION WHEREAS, the Borough Code currently allows for a reconsideration of any ordinance, resolution, or action of the assembly during a meeting or if two assembly members file with the clerk no later than 5 p.m. on the first borough business day follow the day on which the vote was taken; and WHEREAS, the Assembly desires to add a requirement in KIBC 2.30.070 that both members filing a motion to reconsider by this method must have voted on the prevailing side; and requires that the members filing a motion to reconsider by this method include a statement as to the reason for requesting reconsideration at the time of filing in order to promote transparency. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.30.070 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.070 Ordinances. M. A motion to reconsider maybe applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and Ordinance No. FY2025-10, Version 1 Page 1 of 2 Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 211 of 298 AGENDA ITEM #14. C.1. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 VERSION 1 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote of the authorized membership of the assembly to carry; or 3. Two assembly members who have voted on the prevailing side file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice Af 'Atent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. When submitting the notice to reconsider, the filers are required to provide a substantive statement as to the reason for filing the notice to reconsider. If the notice does not contain a substantive statement, the assembly may, by majority vote, deem the notice to reconsider out of order and reject it for not meeting the substantive statement requirement. The assembly member can file by telephone; provided, that the notice ^f AtPPt+�Pt to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution, or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: Assembly member Whiteside and Sharratt First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2025-10, Version 1 Page 2 of 2 Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 212 of 298 AGENDA ITEM #14. C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 VERSION 2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 RULES OF THE ASSEMBLY, SECTION 2.30.070 ORDINANCES TO REQUIRE SUBSTANTIVE INFORMATION IS PROVIDED AT THE TIME OF FILING FOR A RECONSIDERATION AND CLARIFY THE PROCEDURES IN THE EVENT OF A MAYORAL VETO WHEREAS, the Borough Code currently allows for a reconsideration of any ordinance, resolution, or action of the assembly during a meeting or if two assembly members file with the clerk no later than 5 p.m. on the first borough business day follow the day on which the vote was taken; and WHEREAS, the Assembly desires to add a requirement in KIBC 2.30.070 that both members filing a motion to reconsider by this method must have voted on the prevailing side; and requires that the members filing a motion to reconsider by this method include a statement as to the reason for requesting reconsideration at the time of filing in order to promote transparency; and WHEREAS, this ordinance intends to clarify the procedures that the Assembly must adhere to when a mayoral veto is submitted regarding an item that has been subject to a notice for reconsideration. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.30.070 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.070 Ordinances. M. A motion to reconsider maybe applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly Ordinance No. FY2025-10, Version 2 Page 1 of 3 Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 213 of 298 AGENDA ITEM #14. C.1. VERSION 2 41 member who changes his vote in accordance with these rules shall be a member of the side 42 on which his vote is finally recorded by the clerk; and 43 2. The assembly member makes the motion to reconsider on the same day and at the same 44 meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration 45 requires a two-thirds vote of the authorized membership of the assembly to carry; or 46 3. Two assembly members who have voted on the prevailing side file with the clerk, not 47 later than 5 p.m. on the first borough business day following the day on which the vote was 48 taken, a notice of intent to reconsider and then makes the motion to reconsider at the next 49 regular assembly meeting. When submitting the notice to reconsider, the filers are 50 required to provide a substantive statement as to the reason for filing the notice to 51 reconsider. If the notice does not contain a substantive statement, the assembly may, 52 by majority vote, deem the notice to reconsider out of order and reject it for not 53 meeting the substantive statement requirement. The assembly member can file by 54 telephone; provided, that the notice of inteRt to reconsider is signed before the motion is 55 considered. Such a motion for reconsideration requires a majority vote to carry. An assembly 56 meeting which is recessed and reconvened on a different day shall constitute one meeting. 57 The reconvened session of such a meeting shall not constitute the "next regular assembly 58 meeting" as that term is used in this section. 59 4. A notice for reconsideration submitted to the clerk suspends the effectiveness of 60 the affected ordinance, resolution, or other action taken by the Assembly. When the 61 effectiveness of the assembly action has been suspended by reconsideration, the time 62 for exercise of the mayoral veto will begin to run end of the meeting at which a vote on 63 the motion to reconsider is completed and must be exercised at the following regular 64 meeting. 65 Only one motion to reconsider shall be entertained on any ordinance, resolution, or other action 66 even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, 67 resolution, or other action fails, a second motion to reconsider the same action shall not be in 68 order. 69 Effective Date: This ordinance takes effect upon adoption. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS DAY OF , 2024 73 74 KODIAK ISLAND BOROUGH 75 76 ATTEST: Ordinance No. FY2025-10, Version 2 Page 2 of 3 Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 214 of 298 AGENDA ITEM #14. C.1. VERSION 2 77 78 Scott Arndt, Borough Mayor 79 Nova M. Javier, MMC, Borough Clerk 80 81 Introduced by: Assembly member Whiteside and Sharratt 82 First reading: 83 Second reading/public hearing: 84 85 VOTES: 86 Ayes: 87 Noes: Ordinance No. FY2025-10, Version 2 Page 3 of 3 Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 215 of 298 AGENDA ITEM #14. C.1. #22 KODIAK ISLAND BOROUGH ATTACH THE ORDINANCE, RESOLUTION, OR AGENDA ITEM INFORMATION FOR ITEMS THAT ARE READY TO BE PLACED ON THE AGENDA 10/15/24 DATE SUBMITTED: Requestor: Bo Whiteside p Preferred Mtg. Date: 10/31/24 Item Description: Amend code to require Assembly members making the motion to provide reason(s) for reconsideration at the time of filing. KIBC 2.30.070 Ordinances (M)(3) Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly o REQUEST FOR ASSISTANCE STAFF TO PREPARE AN ORDINANCE OR RESOLUTION Requestor 1: Bo Whiteside p Requestor 2. Ryan Sharratt Detailed Description: We would like to request assistance drafting an amendment, as described below: Purpose/intent of amendment: Amend KIBC 2.30.070 Ordinances (M)(3) to require Assembly members making the motion to provide reason(s) for reconsideration at the time of filing. KIBC 2.30.070 Ordinances (M)(3) Two assembly members file with the clerk, not later than 5 p.m. on the first borough businesb LEGAL OPINION REQUEST Requestor 1: Requestor 1: Date when you want the opinion by: Detailed Description: See pertinent code sections on the back. Revised on: 20240607 nj Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 216 of 298 AGENDA ITEM #14. C.1. KIBC 2.30.050 (C.3) Agenda items submitted by an assembly member or the mayor without staff assistance, or submitted by the manager, shall be included on the agenda within 60 days. KIBC 2.30.060 (B) Preparation of agenda items. ordinances, resolutions, or other proposed agenda items may be submitted to the clerk by an assembly member, a committee of the assembly, the mayor, or the manager for placement on the agenda. An assembly member may request an item placed on the assembly agenda by completing an agenda request form provided by the borough clerk's office and providing a copy of the proposed item in a format that is ready to be placed on the agenda. KIBC 2.20.070(C.1) Requests for Staff Assistance. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). KIBC 230. 100(G. 1) Requests for Staff Assistance. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). KIBC 2.30.050 (C.4) Agenda items prepared by staff at the request of the mayor or by two or more assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. KIBC 2.20.070(C.2) Requests for Legal Opinions. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor and an assembly member may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office Upon receipt of the legal opinion, the clerk's office shall distribute it to all assembly members. KIBC 2.30.100(G.2) Requests for Legal Opinions. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly, may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of the legal opinion, the clerk's office shall distribute it to all assembly members. For staff use: 1 `l Received date: `/ 1�/ �Vg4 60 days deadline: /g11qL2Q2,-q Notes: Provided a copy to the Manager on: /y 11 S / w Scheduled on the meeting agenda of: KIBC 2.30.060 (B) Upon receipt of an agenda item request, the borough clerk shall immediately provide a copy to the borough manager. The borough manager may provide information or make recommendations, if applicable, and submit such information to the borough clerk for inclusion with the agenda item Revised on: 20240607 nj Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 217 of 298 AGENDA ITEM #14. C.1. KIBC 2.30.070, Ordinances Page 1 of 1 2.30.070 Ordinances. CLERK'S DRAFT M. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote of the authorized membership of the assembly to carry; or 3. Two assembly members who have voted on the prevailing side file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. At the time of filing, the filers must provide the reason(s) for reconsideration. The assembly members can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting' as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. The Kodiak Island Borough Code is current through Ordinance FY2025-07, passed September 19, 2024. Ordinance No. FY2025-10, An Ordinance Of The Assembly Of The Kodiak Isla... Page 218 of 298 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Review Of The Continued Operations Of Certain Liquor Licenses Or Endorsements During The Second Year Of Their Biennial License Period ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly should evaluate the licenses listed below, decide which licenses to protest, and articulate the grounds for such protests. The licensee(s) will be notified of the Assembly's decision and will be afforded an abbreviated and informal hearing before the assembly to defend their license(s) at the next assembly regular meeting. • Restaurant and Eating Place License Sizzler Burger/Peking Restaurant (License #2611) Restaurant and Eating Place License Second Floor Restaurant (License #3293) Recommended motion: Move to protest License Numbers and direct the clerk to notify the licensees of their right to defend their license before the Assembly at the next regular meeting of the assembly. DISCUSSION: The Kodiak Island Borough Clerk's Office evaluates liquor licenses and endorsements approaching their second year of operation. The objective of this review is to assess whether there exists a rationale or interest from the Assembly to protest the continued operation of a license. The Clerk's Office adhered to the protocol outlined in KIBC 5.01.020, which involved investigating to assess whether the borough has a vested interest that could be safeguarded by opposing the ongoing operation of a license. The Borough Department Directors, Building Officials, Fire Marshall, State Troopers, and Kodiak Police Department were engaged in the investigation. A total of 16 licenses underwent review, and the corresponding list is included in the packet. The findings of the investigation are outlined below: • Restaurant and Eating Place License Sizzler Burger/Peking Restaurant (License #2611) o Both the Building Official and the Assessing Director objected to continued use and operation of this license because the business is no longer in operation at this address. o The Kodiak Island Borough Assembly wrote a letter on September 6, 2024, to the ABC Board asking for the revocation of this license: Reasons stated in the letter. o The City of Kodiak wrote a letter on October 24, 2024, protesting the continued use and operation of this license. Reasons stated in the letter. • Restaurant and Eating Place License Second Floor Restaurant (License #3293) o Both the Building Official and the Assessing Director objected to the continued use and operation of this license because the business is no longer in operation at this address. o Clerk's note: The Assembly may protest using the same reasons for objection for License #2611 since the license holder and location is the same. Kodiak Island Borough Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 219 of 298 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING The Kodiak Police Department reported 22 trouble reports for the B&B Bar and 24 trouble reports for the Tony's bar; however, the Assembly did not think that the trouble reports were substantial enough reasons to protest the licenses. The Borough code does not establish a threshold for how many trouble reports must be reported in order for the Assembly to voice protest. 3 AAC 305.085(d) states a local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. the licensee(s) were informed of the proposed protest, the grounds for proposed protest, and their right to defend their license before the Assembly. The Assembly must submit a protest to the Alcoholic Beverage Control (ABC) Board by January 31, 2025, outlining the grounds for the protest. To initiate a protest, the Assembly is required to document its reasons in writing and submit them to the ABC board. A copy of the protest will also be provided to the applicant. ALTERNATIVES: Protest all four license renewals listed above (Licenses #2611, #3293, #85, and #1155). Remove one or more of the licenses from the list to be protested listed above. Voice non -objection to the continued operation of all the liquor licenses and endorsements as listed on the attached spreadsheet. FISCAL IMPACT: OTHER INFORMATION: AS O4.11.480 (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant a protest and the reasons for the protest within 60 days of the date of the notice of the filing of the application. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license or endorsement are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510(b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, or unreasonable. 3 AAC 305.085. Local governing body protest (a) A local governing body may protest an application filed under this chapter. The protest Kodiak Island Borough Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 220 of 298 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING must be in writing, filed with the board, and copied to the applicant, and must include the governing body's reason for the protest. The reasons stated by a local governing body must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. Under this section, a protest may be filed for (1) an application to (A) issue a new license, a license with one or more endorsements, or endorsement; (B) renew an existing license, a license with one or more endorsements, or endorsement; (C) transfer the location of an existing license, a license with one or more endorsements, or endorsement; (D) transfer an existing license, a license with one or more endorsements, or endorsement to another person; or (2) the continued operation of a license or endorsement issued under this chapter; under this paragraph, a local governing body may only protest the continued operation of a license or endorsement during the second year of the biennial license period if the local governing body files the protest and the reasons for the protest with the board and copies the licensee not later than January 31 of the second year of the license. (b) The board will not take final action upon an application until at least (1) 60 days after a local governing body receives the notice issued by the board required by AS O4.11.520 unless the local governing body waives the right to protest the application in writing to the director; and (2) 15 days after completion of public notice of the application. (c) A protest received after the 60-day period may not be accepted by the board. A protest may not cause the board to reconsider an approved renewal, transfer of location, or transfer to another person. (d) A local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. (e) A local governing body protest may be based upon facts that render the particular application objectionable to the local body or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. The board will not substitute the board's judgment for that of the local governing body on a matter of public policy that has reasonable factual support. (f) If the application is denied because of a protest by the local governing body and the applicant requests a hearing, the local governing body must, at the board's request, appear or otherwise meaningfully participate in the hearing and must assist in or undertake the defense of the local governing body's protest. (g) In addition to the other grounds for protest set out in this section, a local governing body may protest the (1) renewal or transfer of a license based on nonpayment of delinquent taxes or fees, whether single or in combination, of at least $1,000 arising in whole or in part from the conduct of the licensed business; and (2) transfer of a license if the local governing body has adopted an ordinance under which the local governing body may estimate the amount of taxes due in the tax year of the proposed transfer and arising in whole or in part from the conduct of the licensed business, and requires the licensee to pay the estimated amount; and Kodiak Island Borough Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 221 of 298 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING (3) the licensee fails to pay that amount or give security under AS O4.11.360. (h) The board may uphold a protest of an application or continued operation with an initial abeyance period of not more than 180 days if the local governing body indicates that the protest is subject to rescission and that it will be withdrawn if the applicant meets conditions set by the local governing body. If the local governing body notifies the board within the period of the abeyance that the protest has been removed, the application or continued operation will be approved when all other applicable requirements have been met. If the local governing body has not notified the board within the period of the abeyance that the local governing body has removed the protest, the application or continued operation is denied. Kodiak Island Borough Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 222 of 298 v cQ m N N w O N (D 00 License # Licensee DBA License Type Location Premises Address EXPIRING 57 American Legion Robert American Legion Post #1 Club Kodiak 318 Center Ave 12/31/2025 85 Blue, Inc B & B Bar Beverage Dispensar Kodiak 326 Shelikof 12/31/2025 600 Island Hotels Chart Room Beverage Kodiak 236 W Rezanof Drive Dispensary - 12/31/2025 Tourism 1040 Rella Mae Corporation Shelikof Lodge Beverage Kodiak 211 Thorsheim 12/31/2025 Dispensary 1155 CNG, Inc. Tony's Bar Beverage Kodiak 518 Marine Way 12/31/2025 Dispensary 1156 CNG, Inc. Tony's Liquor Package Store Kodiak 518 Marine Way 12/31/2025 1211 Wade Ball Inc. Village Bar Beverage Kodiak 410 W Marine Way 12/31/2025 Dispensary 2509 Safeway Inc. Safeway Store #1090 Package Store Kodiak 2685 Mill Bay Road 12/31/2025 3293 Sook C. Yun Second Floor Restaurant Restaurant/Eating Kodiak 116 W Rezenof Drive Place 12/31/2025 2611 Sook C. Yun Sizzler Burger & Peking Restaurant/Eating Kodiak 116 W Rezanof Dr Rest. Place 12/31/2025 3458 Aquamarine, LLC Aquamarine Cafe & Restaurant/Eating Kodiak 508 Marine Way Suites Place 12/31/2025 3496 The Odom Corporation The Odom Corporation Wholesale - Outside 5152 Tom Stiles Rd General City Limits Bldg B - Bay 1 12/31/2025 4044 Back Bay, LLC Liquor Cabinet/Cost Package Store Kodiak 2161 Mill Bay Rd Savers 12/31/2025 4346 Bernie's Bar LLC Bernie's Bar LLC Beverage Kodiak 320 Center Street Dispensary 12/31/2025 5186 Crystal, LLC Noodles Restaurant/Eating Kodiak 1247 Mill Bay Road Place 12/31/2025 6007 Double Shovel Cider Double Shovel Cider Winery Kodiak 101 Center Ave. Company, LLC Kodiak 12/31/2025 16 LICENSES THAT WENT THROUGH THE CLERK'S OFFICE REVIEW AGENDA ITEM #14.D.1. From: Soronoon. Paul To: Una Cruz Subject: RE: Biennial Process Date: Monday, October 14, 2024 9:38:06 AM Attachments: 0maae001.aif Morning Lina, Ted is out of the office until October 31, 2024. 1 texted him with regards to your email and his reply is " I have a problem with the second floor and Peking palace/sizzler burger as neither are in operation at that address'. Thank you and have a wonderful day. Paul Sorongon Deputy Building Official Department of Building Safety City of Kodiak/Kodiak Island Borough psor gon0city.kodiak.ak.us Tel. 907-486-8070 or 907-486-8072 710 Mill Bay Road Room 208 Kodiak Alaska, 99615 From: Hansen, Ted <thansen@city.kodiak.ak.us> Sent: Monday, October 14, 2024 9:32 AM To: Sorongon, Paul <porongon@city.kodiak.ak.us> Subject: FW: Biennial Process Ted Hansen, CBO Building Official Department of Building Safety City of Kodiak / Kodiak Island Borough 907-486-8072 or 907-486-8070 710 Mill Bay Road, Room 208 Kodiak, Alaska 99615 From: Lina Cruz <IcruzPkodiakak.us> Sent: Friday, October 11, 2024 10:20 AM Cc: Clerks <Clerks(a kodiakak.us> Subject: FW: Biennial Process Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 224 of 298 x O Q ZT c� C7 O Z3 :' CD Q O O v O Z3 O Q C� CD v Z 7- 0 r- 0 CD U) O O m Q O m v N K) O N 00 License # Licensee DBA License Type Location Premises Address EXPIRING Assessing Response 57 American Legion Robert G BI American Legion Post Club Kodiak 318 Center Ave Travis changing situs address to 318 46022 Center Street 85 Blue, Inc B & B Bar Beverage DispenE Kodiak 326 Shelikof 46022 ok 600 Island Hotels Chart Room Beverage Kodiak 236 W Rezanof Dispensary - Drive 46022 Tourism ok 1040 Rella Mae Corporation Shelikof Lodge Beverage Kodiak 211 Thorsheim Dispensary 46022 ok 1155 CNG, Inc. Tony's Bar Beverage Kodiak 518 Marine Way 46022 Dispensary BPP included with Tonys 1156 CNG, Inc. Tony's Liquor Package Store Kodiak 518 Marine Way 46022 ok 1211 Wade Ball Inc. Village Bar Beverage Kodiak 408 W Marine Way Dispensary 46022 Working with Travis on this address 2509 Safeway Inc. Oaken Keg #1832 Package Store Kodiak 2685 Mill Bay Road 46022 ok 3293 Sook C. Yun Second Floor Restaurant/Eatin Kodiak 116 W Rezenof 46022 Restaurant g Place Drive Protest, no longer at this address 2611 Sook C. Yun Sizzler Burger & Restaurant/Eatin Kodiak 116 W Rezanof Dr 46022 Peking Rest. g Place Protest, no longer at this address 3458 Aquamarine, LLC Aquamarine Cafe & Restaurant/Eatin Kodiak 508 Marine Way 46022 Suites g Place ok 3496 The Odom Corporation The Odom Wholesale - Outside 5152 Tom Stiles Rd Corporation General City Bldg B - Bay 1 46022 Limits ok 4044 Back Bay, LLC Liquor Cabinet/Cost Package Store Kodiak 2161 Mill Bay Rd Savers 46022 ok 4346 Bernie's Bar LLC Bernie's Bar LLC Beverage Kodiak 320 Center Street Dispensary 46022 ok 5186 Crystal, LLC Noodles Restaurant/Eatin Kodiak 1247 Mill Bay Road g Place I I 46022 I ok 6007 Double Shovel Cider Double Shovel Cider Winery Kodiak 101 Center Ave. Company, LLC Kodiak 46022 ok COMMENTS FROM ASSESSING DIRECTOR SEEMA GAROUTTE AGENDA ITEM #14.D.1. Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9310 Email: clerks@kodiakak.us September 6, 2024 Alcoholic Beverage Control Board C/O Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: Revocation of Sizzler Burger and Peking Restaurant REPL License #2611 Dear Alcoholic Beverage Control Board Members, The Kodiak Island Borough Assembly asks the Alcoholic Beverage Control (ABC) Board to revoke the Restaurant and Eating Place License (REPL) #2611 held by Sizzler Burger and Peking Restaurant. During the Borough Assembly hearing regarding this license, the licensee said she planned to reopen her business, and also said that she was in the process of finding a new location. However, subsequent information has revealed that rather than pursuing the reopening of her business, she is now looking to sell her license. License #2611 is currently designated as "temporarily surrendered" due to the loss of its operational location. In Kodiak, there are only four REPL licenses available, with the current licensee possessing two, neither of which are active. In fact, these licenses have been inactive for years, presenting somewhat of a challenge to the economic development of Kodiak. There are other Kodiak businesses eager to obtain REPL licenses to enhance their operations; however, license #2611, one of the two held by the licensee, remains unused. The Kodiak Island Borough is committed to fostering economic growth and, therefore, we strongly advocate for the revocation of license #2611 to allow other businesses the opportunity to utilize the REPL license. Thank you for considering our letter and we hope that this would serve as a formal record of our intent. Sincerely, Scott Arndt, Mayor Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 226 of 298 AGENDA ITEM #14.D.1. Nova Javier From: Serezhenkov, Kristina R (CED) <kristina.Serezhenkov@alaska.gov> Sent: Wednesday, October 30, 2024 12:30 PM To: Shuravloff•Nelson, Michelle; mopper7@hotmail.com; solshinl027@gmail.com Cc: Clerks; AMCO Local Government Only (CED sponsored); Lina Cruz; Clerks Subject: Protest from City of Kodiak re Sizzler License No. 2611 scheduled for November 19, 2024 ABC board meeting Attachments: 20241025 Letter of Protest from CoK re Sizzler License No. 2611.pdf To. City of Kodiak and Sook C. Yun, In accordance with AS O4.11.510(b)(2) I am notifying you that the Alcoholic Beverage Control board will hold a hearing to consider the City of Kodiak's protest under AS 04.11.480 of the continued operations of license 2611 during the second year of its biennial license period at the upcoming November 19, 2024, board meeting. The board shall consider the protest and testimony received. Your attendance is required. The agenda for this meeting is not yet set but will be released prior to the meeting. The meeting is taking place beginning at 9:30am in the First Floor room at the Attwood Building located at 550 West Vh Avenue, Anchorage, 99501. There will be a zoom link available so that you may call into the meeting to attend by phone. I will send you updates with the zoom link and the agenda as soon as they are available The protest letter from the City of Kodiak is attached. Thank you, Kristina Serezhenkov Regulations Specialist 2;Acting Local Government Specialist Alcohol and Marijuana Control Office 550 West 71 Avenue, Suite 1600 Anchorage, Alaska 99501 Kristina.serezhenkov nalaska. Roy A MC O.loc a Igoe a rum a nyon lyLa ,a laska. goy 907-269-0359 Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 227 of 298 AGENDA ITEM #14.D.1. Office of the Mayor and City Council 710 Mill Bay Road, Room 110, Kodiak, Alaska 99615 October 24, 2024 Sent electronically and via certified mail: Alcoholic Beverage Control Board C/O Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 Re: Protest of Sizzler Burger & Peking Restaurant REPL License No. 2611 To: The Alcoholic Beverage Control Board, The Kodiak City Council is lodging a protest with the Alcoholic Beverage Control Board for the continued use and operation of the Sizzler Burger & Peking Restaurant REPL License No. 2611. The City Council had limited documentation and lacked familiarity with Alcohol and Marijuana Control Office processes within the initial 60-day protest period set by AMCO. The City Council held a public hearing on October 10, 2024, following the postponement of the action from the July 25 and August 8, 2024, regular meetings. Stephanie Kim spoke during the meeting on August 8, 2024, to inform the Council of the challenges to re- open Sizzler Burger & Peking Restaurant. Upon further review of the renewal application submitted by Sizzler Burger & Peking Restaurant dated December 26, 2023, the restaurant's application for renewal as stated in their forms AB-17 and AB-33 includes data for food and alcohol revenue generated in 2022 and 2023. The restaurant had originally filed $0 on City sales tax returns for 2023. It is our understanding the City can protest the second year of continued operations pursuant to AS O4.11.480. Please accept this protest due to inconsistencies filed in their application while remitting taxes and inability to provide restaurant and eating place services while holding this license. The City of Kodiak further proteststhis license on the grounds that the Building Official indicated the physical location of 116 W Rezanof Dr. is a vacant building and that it was renovated without the permits required by Kodiak City Code, and the Fire Marshall indicated the building is not compliant with fire inspection requirements. A public hearing was held on this protest on October 24, 2024, during the City Council regular meeting at 6:30 p.m. in the Kodiak Public Library. Ms. Kim was notified of the meeting and her opportunity to participate. REPL No. 2611 is currently designated as "active -temporarily surrendered" as a result of the loss of its operational location. It is well known that the restaurant has not operated for several years, including the years referenced in the application; therefore, we request enforcement investigate the validity of this application. Kodiak has four REPL licenses available. There are businesses currently operating in Kodiak that have expressed interest in applying for one of the licenses held by the licensee. The City of Kodiak fully supports Telephone (907) 486-8636 / Fax (907) 486-8633 clerks@city.kodiak.ak.us Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 228 of 298 AGENDA ITEM #14.D.1. Page 2 Protest of Sizzler Burger & Peking Restaurant REPL License No. 2611 economic growth and development; therefore, the Kodiak City Council supports a protest of continued renewal of the REPL No. 2611 that is inactive and issued until December 31, 2025. We request that this matter be reviewed at the next Alcoholic Beverage Control Board meeting in November. Sincerely, 2'5 �� Bob Stanford, Deputy Mayor City of Kodiak Cc: Ms. Sook C. Yun Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 229 of 298 AGENDA ITEM #14.D.1. From: Kiera. Hilary To: Una Cruz Cc: Cornelius, Elizabeth R.: Clek Subject: RE: Biennial Process Date: Sunday, October 27, 2024 6:23:46 PM Attachments: imaae001.oif Please see below or the attached file Hilary License # Date Incident KPD Case # #57 1/6/2024 Welfare Check 24-00197 #85 12/21/2023 Trespassing 23-11013 B&B Bar - 22 incidents 1/1/2024 Citizen Contact 24-00004 1/7/2024 Subject Removal 24-00157 1/19/2024 Subject Removal 24-00737 2/2/2024 Trespassing 24-01283 2/23/2024 Subject Removal 24-02119 4/3/2024 VCCR 24-03462 5/6/2024 Criminal Mischief 24-03734 5/19/2024 Suspicious Circ 24-04423 5/27/2024 Subject Removal 24-04722 5/27/2024 Assault 24-04900 6/1/2024 Trespassing 24-05008 6/4/2024 Disorderly 24-05054 6/15/2024 Subject Removal 24-05238 7/18/2024 Trespassing 24-05734 7/20/2024 Subject Removal 24-05753 7/20/2024 Subject Removal 24-05751 8/9/2024 Bar Check/Assault 24-06096 8/11/2024 Assault 24-06121 8/24/2024 Disorderly 24-06324 8/29/2024 Trespassing 24-06370 10/22/2024 Lost Property 24-07392 #600 None Reported #1040 None Reported #1155 12/9/2023 Title 47 23-10406 Tony's Bar - 24 incidents 12/2/2023 Assault in progress 23-10729 12/12/2023 Subject Removal 23-10729 12/12/2023 Subject Removal 23-10733 Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 230 of 298 AGENDA ITEM #14.D.1. 12/21/2023 Subject Removal 23-11010 12/23/2023 Trespassing 23-11051 1/20/2024 Wanted Person 24-00764 2/2/2024 Bar Check/SubjRmvl 24-01317 2/8/2024 Citizen Dispute 24-01500 2/8/2024 Citizen Dispute 24-01501 2/10/2024 Subject Removal 24-01644 3/10/2024 911 Hang-up 24-02664 4/15/2024 Subject Removal 24-03823 5/27/2024 VCOR 24-04891 5/29/2024 Bar Disturbance 24-04942 6/16/2024 Subject Removal 24-05251 6/22/2024 Trespassing 24-05358 6/26/2024 Welfare Check 24-05404 7/13/2024 Subject Removal 24-05657 7/26/2024 Assault 24-05872 7/26/2024 Assault in progress 24-05873 9/3/2024 Subject Removal 24-6465 9/13/2024 Subject Removal 24-06636 10/3/2024 Subject Removal 24-07050 #1156 None Reported 41211 1/5/2024 Subject Removal 24-00162 Village Bar - 11 incidents 2/7/2024 Title 47 24-01469 2/11/2024 Subject Removal 24-01688 2/12/2024 Subject Removal 24-01696 2/18/2024 Subject Removal 24-01921 4/1/2024 Assault 24-03411 4/6/2024 MICS Cocaine 24-03556 4/26/2024 Title 47 24-04138 5/18/2024 Suspicious Circ 24-04102 7/17/2024 VCOR 24-05722 9/6/2024 Subject Removal 24-06510 #2509 11/2/2023 Theft 23-09461 Safeway (Mill Bay Branch) - 7 incidents 11/23/2023 REDDI 23-10174 12/12/2023 Trespassing 23-10725 12/27/2023 Trespassing 23-11126 1/15/2024 VCOR 24-00571 5/4/2024 REDDI 24-04393 9/26/2024 Alcohol Offense 24-06912 #3293 None Reported Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 231 of 298 AGENDA ITEM #14.D.1. #2611 None Reported #3458 4/16/2024 Suspicious Circ #4044 12/10/2023 Theft #4346 12/22/2023 Citizen Contact 12/24/2023 Subject Removal 1/6/2024 Medical Assist 3/10/2024 Subject Removal 3/17/2024 Subject Removal 4/28/2024 Theft Services 5/11/2024 Assault in progress 5/11/2024 Trespassing 5/28/2024 Citizen Contact 7/27/2024 Subject Removal 8/25/2024 Suspicious Circ 9/1/2024 Subject Removal 10/8/2024 Disturb Bar #5186 None Reported #6007 None Reported 24-03841 23-10675 23-11019 23-11024 24-00195 24-02649 24-02940 24-04182 24-04564 24-04577 24-04930 24-05876 24-06329 24-06422 24-07091 Aquamarine - 1 incident Cost Savers - 1 incident Bernie's - 13 incidents From: Lina Cruz <Icruz@kodiakak.us> Sent: Thursday, October 24, 2024 2:28 PM To: Kjera, Hilary <hkjera@city.kodiak.ak.us> Cc: Cornelius, Elizabeth R. <ecorneIius@city.kodiak.ak.us>; Clerks <Clerks@kodiakak.us> Subject: Biennial Process [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Good morning, We are restarting the review process for the continued operation of liquor licenses or endorsements during the second year of the biennial license period, as outlined in AS 04.11.480. The local governing body can challenge the continued operation of a license or endorsement by submitting a protest, along with the reasons for it, to both the Alcohol Beverage Control board and the licensee by January 31 of the second year of the license. Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 232 of 298 AGENDA ITEM #14.D.1. From: Smith. Tara J (QPS) To: Una Cruz Subject: RE: Biennial Process Date: Thursday, October 24, 2024 3:58:02 PM Attachments: imaoe002.ona imaae003.aif None reported Tara J. Smith Odom Corporation - None reported Administrative Assistant I C Detachment Division of Alaska State Troopers Department of Public Safety 5700 E Tudor Road I Anchorage, AK 99507 1 Phone: 907-375-6447 I®J From: Lina Cruz <Icruz@kodiakak.us> Sent: Thursday, October 24, 2024 2:38 PM To: Smith, Tara J (DPS) <tara.smith@alaska.gov> Cc: Clerks <Clerks@kodiakak.us> Subject: Biennial Process CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, We are restarting the review process for liquor licenses as outlined in AS O4.11.480. The local governing body can challenge a license's operation by submitting a protest, including reasons, to the Alcoholic Beverage Control Board and the licensee by January 31. Please confirm if there have been any trouble reports for The Odom Corporation in the past 12 months, such as fighting, underage drinking, or law enforcement visits. If there have been no reports, reply with "none reported" by Friday. November 1. KIBC 5.01,020 License renewal procedure. The Clerk shall check with local law enforcement the number of trouble reports received at the place of business. Review Of The Continued Operations Of Certain Liquor Licenses Or Endorse... Page 233 of 298 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License Renewal Application For Blue, Inc., Doing Business As B&B Bar (License #85) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office, Beverage Dispensary License Renewal Application for Blue, Inc., doing business as B&B Bar Liquor (License #85). DISCUSSION: On September 23, 2024, the Clerk's Office received the renewal notice for License #85, linked to the B&B Bar. Subsequently, the Clerk's Office initiated an investigation and was alerted by the Kodiak Police Department regarding multiple trouble reports associated with the establishment. According to KIBC 5.01.020, if it is found that the renewal may be contested due to outstanding taxes or trouble reports, and it was scheduled for review by the borough assembly. The Assembly discussed this item at the October 31 work session and at the November 14 session. On November 14, the Assembly instructed the clerk to change the motion to non - objection, and the Clerk's Office has communicated this direction to the applicant. The deadline for the Kodiak Island Borough to submit a response to AMCO is November 22, 2024. ALTERNATIVES: 1. Issue a letter of protest. 2. Issue a letter of non -protest. FISCAL IMPACT: OTHER INFORMATION: AS O4.11.480 A local governing body may protest the renewal by sending the AMCO director and the applicant a protest and the reason for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. The Borough must also provide evidence of proof of service upon the applicant and proof that the applicant has had the opportunity to defend the application before the local governing body's meeting. 3 AAC 305.085 The local governing body has the authority to protest renewal of a liquor license for public policy reasons or due to license -related issues. KIBC 5.01.020 (B) Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 234 of 298 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 235 of 298 AGENDA ITEM #14.D.2. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71h Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 September 23, 2024 From: Alcohol.Iicensing@alaska.gov ; amco.localgovernmentonly@alaska.gov Licensee: Blue, Inc DBA: B&B Bar VIA email: lanny1921 @outlook.com CC: None Local Government 1: City of Kodiak Local Government 2: Kodiak Island Borough Via Email: Icruz@kodiakak.us; clerks@kodiakak.us; clerks@city.kodiak.ak.us Community Council: n/a Via Email: Re: Beverage Dispensary License #85 Combined Renewal Notice License Number: #85 License Type: Beverage Dispensary Licensee: Blue, Inc Doing Business As: B&B Bar Physical Address: 326 Shelikof, Kodiak, AK 99615 Designated Licensee: Blue, Inc Phone Number: (907) 654-1990 Email Address: lanny1921@outlook.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 236 of 298 AGENDA ITEM #14.D.2. Your application will be scheduled for the November 191h, 2024 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Communitv Council (Municipality of Anchoraee and Mat -Su Boroueh onl We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS O4.11.310(b) and AS O4.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely,6� O'er Joan M. Wilson, Director 907-269-0350 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 237 of 298 AGENDA ITEM #14.D.2. Alconol ano Marijuana Control Unu:e ...._._i_.____._..-..-.-,�-,.'-- --� 550W7 Avenue, y?, c Suite 1600 -+' Anchorage, AK 99501 AMCO)Y,' il, O L}'�� alcohoLlicensing(a)alaska.eov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Boa COH01. STALE OFALASKA DL OFFICE ) Form AB-17: 2024/2025 General Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than January 2, 2024 per AS O4.11.270, 3 AAC 305.050, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by February 28, 2024 will be expired per AS 04.11.540, 3 AAC 305.050(e). • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the mandatory fees and all documents required, ui the dppliLaiiun will be returned without being prucessed, per AS O4.11.270. • Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section 7 - Establishment Contact Information Doing Business As: B&B Bar I License #: 85 If your mailing address has changed, write the NEW address below: Mailing Address: 326 Shelikof City: Kodiak I state: JAK IZIP: 199615 Section 2 - Licensee Contact Information Contact Licensee: The individual listed below must be part of the ownership structure of the licensee listed in Section 1. This person will be the designated point of contact regarding this license unless the Optional contact is completed. Contact Licensee: Lana Jane Monteiro Contact Phone: 907 654 1990 Contact Email: Ilannyl921@outlook.com Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee (such as legal counsel) about your license, list their information below: Name of Contact: Contact Phone: Contact Email: Section 3 — for Package Stores ONLY: Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in El calendar years 2024 and/or 20257 If so, you will need to apply for a Shipping Endorsement here: httas://accis.elicense365.com/p Section 4 — Ownership Structure Certification YES /�NOj� Did the ownership structure of the licensed business change in 2022/20237 El P If Yes, and you have NOT notified AMCO, list the updated information on form AB-39: Change of Officers and submit with your renewal application. If No, certify the statement below by initiaiing the box to the right of the statement: I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2022 or 2023. [Form AB-171 (rev 10/9/2023) Page 1 of 3 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 238 of 298 AGENDA ITEM #14.D.2. yA11C0 Alaska Alcoholic Beverage Control Board ,.. Form AB-17: 2024/2025 License Renewal Application Section 5 - License Operation Unless you operated more than 240 hours in 2022 or 2023, check ONEBOXfor EACH CALENDAR YEAR that best describes howthis alcoholic beverage license was operated asset forth in AS O4.11.330: 1. The license was only operated during a specified time each year. (Not to exceed 6 months per year) If your operation dotes have changed list them below: 2022 2023 U U 2. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. a A complete A6-30• Proof of Minimum Operation Checklist and all documentation must be provided with this form. El 3. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both calendaryears. Acomplete FormAB-29: Waiver of OperationApplication 1:1 El and corresponding fees must be submitted with this application for each calendar Year during which the license was not operated. Section 6 - Violations and Convictions Have any Notices of Violation been issued for this license in 2022 or 20237 YES NO ao Has any person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under a AS O4.21.010 in 2022 or 2023? If you checked YES, you MUST attach a list of all Notices of Violation and/or Convictions per AS 04.11.270(a)(2). If you are unsure if you have received any Notices of Violation, contact the office before submitting this form. Section 7 —Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiarwith AS 04 and 3 AAC 305, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given tome by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. • I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS O4.11.260, has a director indirect financial interest in the licensed business. • I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 305.700. • I hereby certify that 1 am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. [Form AS-171(rev 10/9/2023) Page 2 of 3 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 239 of 298 AGENDA ITEM #14.D.2. AtiiQo Alaska Alcoholic Beverage Control Board Form AB-17: 2024/2025 License Renewal Application Lana Jane Monteiro/pres.-Blue Inc Printed name of licensee Signature r ense Restaurant and Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB-36: Recreational Site Statement Tourism applications must include a completed AB-37: Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification Common Carrier applications must include a current safety inspection certificate All renewal and supplemental forms are available online: https•//www commerce alaska gov/web/amco/AlcoholLicenseApplication.aspx FOR OFFICE USE ONLY License Fee: $2,500.00 1 Application Fee: $ 300.00 1 Misc. Fee: I $ Total Fees Due: $2,800 [Form AB-171 (rev 10/9/2023) Page 3 of 3 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 240 of 298 AGENDA ITEM #14.D.2. From: Kiera, Hilary To: Lina Cruz Subject: RE: B&B Bar - Liquor License Renewal Trouble Reports Date: Friday, September 27, 2024 10:25:37 PM Attachments: image001.oif 09/23/2023, Shots Fired, 23-08158 01/01/2024, Citizen Contact, 24-00004 01/19/2024, Subject Removal, 24-00737 02/02/2024, Trespassing, 24-01283 02/23/2024, Subject Removal, 24-02119 03/06/2024, REDDI, 24-02539 04/03/2024, VCOR, 24-03462 04/21/2024, VCOR, 24-03976 05/06/2024, Suspicious Cir, 24-04423 05/19/2024, Subject Removal, 24-04722 05/27/2024, Assault, 24-04900 06/01/2024, Trespassing, 24-05008 06/04/2024, Disorderly, 24-05054 07/18/2024, Trespassing, 24-05734 07/20/2024, Subject Removal, 24-05753 07/20/2024, Subject Removal, 24-05751 08/09/2024, Bar Check / Assault, 24-06096 08/11/2024, Assault, 24-06121 08/20/2024, Trespassing, 24-06263 08/24/2024, Disorderly, 24-06324 Cpl. Hilary Kjera Public Safety Dispatcher Kodiak Police Department (907) 486-8000 xi Phone (907) 486-89o9 Fax From: Lina Cruz <Icruz@kodiakak.us> Sent: Monday, September 23, 2024 4:48 PM To: Kjera, Hilary <hkjera@city.kodiak.ak.us> Cc: Clerks <Clerks@kodiakak.us> Subject: B&B Bar - Liquor License Renewal Trouble Reports [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 241 of 298 AGENDA ITEM #14.D.2. Good afternoon, The Alcohol & Marijuana Control Office has informed the Clerk's Office about the Liquor License Renewal for B&B Bar. According to the Borough code section below, please confirm if there have been any trouble reports at this establishment in the past year, such as fighting, underage drinking, minors on premises, lack of TAM cards, or any other issues that required law enforcement intervention. We hope to hear from you by Monday. September 30. Kindly reply via email with "none reported" if there have been no trouble reports. KIBC 5.01.020 License renewal procedure. The Clerk shall check with local law enforcement the number of trouble reports received at the place of business. Thank you, 8 Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Fax Icruz@kodinkak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 242 of 298 AGENDA ITEM #14.D.2. Nova Javier From: Smith, Tara 1 (DPS) <tara.smith@alaska.gov> Sent: Thursday, October 31, 2024 11:24 AM To: Nova Javier Subject: RE: B&B Trouble Reports None reported Tara J. Smith Administrative Assistant I C Detachment Division of Alaska State Troopers Department of Public Safety 5700 E Tudor Road I Anchorage, AK 99507 1 Phone: 907-375-6447 From: Nova Javier <njavier@kodiakak.us> Sent: Wednesday, October 30, 2024 2:42 PM To: Smith, Tara 1 (DPS) <tara.smith@alaska.gov> Cc: Clerks <Clerks@kodiakak.us> Subject: B&B Trouble Reports You don't often get email from neavier@kodiakak.us. Learn why this is important CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Tara, We have received this renewal from AMCO for a liquor license located within the City of Kodiak. Would you please let me know if you received any trouble reports for this place of business? 5.01.02 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 243 of 298 AGENDA ITEM #14.D.2. Kodiak Island Borough OFFICE of the BORUGH CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us October 7, 2024 Lana Jane Monteiro/B&B Bar Also VIA Email: lanny1921 @outlook.com 326 Shelikof Ave. Kodiak, Alaska 99615 RE: Hearing on Protest of Beverage Dispensary Liquor License # 85 Renewal Application Dear Ms. Lana, This correspondence serves to notify you that the review of the renewal application for Liquor License #85 pertaining to the B&B Bar is set to be presented to the Kodiak Island Borough Assembly on November 7, 2024. The meeting will commence at 6:30 p.m. in the Borough Assembly Chambers located at 710 Mill Bay Road, Kodiak. In accordance with Alaska Statutes 04.11.480 and the regulations outlined in 3 AAC 305.085, the local governing authority possesses the right to oppose the renewal of a liquor license based on public policy considerations or issues related to the license itself. Following an investigation by the Clerk's Office, as stipulated in KIBC 5.01.020, it has been determined that factors associated with the license renewal application warrant an objection from the governing body to safeguard the interests of the Borough. Notably, the Borough is concerned about the number of trouble reports linked to the licensed premises at that location. Furthermore, 3 AAC 305.085(d) mandates that a local governing body must afford an applicant a reasonable opportunity to defend their application prior to the assembly meeting. This opportunity is now scheduled for the regular Assembly meeting on November 7, 2024. We strongly encourage your attendance, as you will have the chance to present your comments regarding the liquor license renewal application during this meeting. Sincerely, OFFICE OF THE BOROUGH CLERK Lina Cruz, Deputy Clerk ENC.: KIBC 5.01.020 KPD Response Re: Trouble Reports Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 244 of 298 AGENDA ITEM #14.D.2. Ch. 5.01 Liquor Licenses I Kodiak Island Borough Code Page 1 of 1 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing, If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. [Ord. 86-07-0 §2, 1986]. The Kodiak Island Borough Code is current through Ordinance FY2025-07, passed September 19, 2024. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Hosted by General Code The Kodiak Island Borough Code is current through Ordinance FY2025-07, passed September 19, 2024. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 245 of 298 AGENDA ITEM #14.D.2. From: Kiera. Hilary To: Lina Cruz Subject: RE: B&B Bar - Liquor License Renewal Trouble Reports Date: Friday, September 27, 2024 10:25:37 PM Attachments: imaoe001.aif 09/23/2023, Shots Fired, 23-08158 01/01/2024, Citizen Contact, 24 00004 01/19/2024, Subject Removal, 24-00737 02/02/2024, Trespassing, 24-01283 02/23/2024, Subject Removal, 24-02119 03/06/2024, REDDI, 24-02539 04/03/2024, VCC R, 24-03462 04/21/2024, VCC R, 24-03976 05)�6/2024, Suspicious Cir, 24-04423 05/19/2024, Subject Removal, 24-04722 05/27/2024, Assault, 24-04900 06/01/2024, Trespassing, 24-05008 06/04/2024, Disorderly, 24-05054 07/18/2024, Trespassing, 24-05734 07/20/2024, Subject Removal, 24-05753 07/20/2024, Subject Removal, 24-05751 08/09/2024, Bar Check / Assault, 24-06096 08/11/2024, Assault, 24-06121 08/20/2024, Trespassing_, 24-06263 08/24/2024, Disorderly, 24-06324 Cpl. Hilary Kjera Public Safety Dispatcher Kodiak Police Department (907) 486-8000 x1 Phone (907) 486-89og Fa2� From: Lina Cruz <Icruz@kodiakak.us> Sent: Monday, September 23, 2024 4:48 PM To: Kjera, Hilary <hkjera@city.kodiak.ak.us> Cc: Clerks <Clerks@kodiakak.us> Subject: B&B Bar - Liquor License Renewal Trouble Reports [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 246 of 298 AGENDA ITEM #14.D.2. Good afternoon, The Alcohol & Marijuana Control Office has informed the Clerk's Office about the Liquor License Renewal for B&B Bar. According to the Borough code section below, please confirm if there have been any trouble reports at this establishment in the past year, such as fighting, underage drinking, minors on premises, lack of TAM cards, or any other issues that required law enforcement intervention. We hope to hear from you by Monday, September 30. Kindly reply via email with "none reported" if there have been no trouble reports. KIBC 5.01.020 License renewal procedure. The Clerk shall check with local law enforcement the number of trouble reports received at the place of business. Thank you, E Una Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, A K 99615 (907) 486-9311 (907) 486-9391 Fax Icruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 247 of 298 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as reflected in the attached list. DISCUSSION: The mayor appoints assembly members as representatives to different boards and committees on an annual basis. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2100.030 Appointments. 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. 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 Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 248 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. 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. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Return by Date: Wednesday, October 23. # Board or Committee Assembly Rep (Mayor to fill out) L6 11 /2023-10/2024 11 /2024-10/2025 M Architectural Review Board, KIBC 2.125 Sharratt j/�Q rra4 Borough Lands Committee, KIBC 2.160 Turner e n Two appointees "Mayor serves on this committee as well Smiley Emergency Services Council, Per KIBC 2.110 - Mayor is assigned to a seat Joint Building Code Review Committee, KIBC 15.45 Turner co IZ Kodiak College Council LeDoux e �ourx a� Kodiak Fisheries Work Group (Adhoc) Griffin/Whiteside W� 15-i _ Two Appointees plus one alternate LeDoux (alt) Kodiak Fisheries Advisory Committee, Res FY07-38 Whiteside W/7 0 0 Parks and Recreation Committee, KIBC 2.120 LeDoux Z O,t q n 0 Providence Health System Service Area Board, KIBC Smiley > 8.05 t0/1✓Son School District Budget Advisory Committee Sharratt 51611 /all � School District Facilities Review Committee Ames /J /f oSchool District Strategic Planning Committee Ames Solid Waste Advisory Board, KIBC 2.145 Ames �ihso� Health Facilities Advisory Board, Resolution No. Griffin FY2023-20 Smiley aTurner Solid Waste Contract Committee, Resolution No. LeDoux Le Ana x FY2024-12 Smiley 5 ;/ Turner Assembly Members are encouraged to indicate their desire for appointment to the following positions. The Assembly is responsible for appointing and confirming individuals to these seats/roles. There will be Borough financial commitment involved. Cook Inlet Regional Citizens Advisory Council Arndt is currently Three Year Term: April 2023 to March 2026 serving until March 2026 SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will Griffin will serve until start after SWAMC March Annual Conference) March 2026 Prince William Sound Regional Citizens Advisory Council (Two Year Williams is currently Term: May 2024 to May 2026) serving until May 2026 Work Session Item on November 14 scheduled to discuss the _� _I 1 1 following seats: • Up for election A (� _ /�J Alaska Municipal League Seats (MUST fill -out attached application) • Scott Arndt • Director Seat — Boroughs k�"f ,r/ "tv • NACo Representative — NACo Member Borough J Legislative Committee Seat • Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 249 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. 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. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Jared Griffin p Return by Date: Thursday, October 23. # Board or Committee Assembly Rep (Mayor to fill out) L6 11 /2023-10/2024 11 /2024-10/2025 Sel Architectural Review Board, KIBC 2.125 Sharratt Borough Lands Committee, KIBC 2.160 Turner Griffin- 2 Sel Two appointees *Mayor Smiley co serves on this committee as well 7 Emergency Services Council, Per KIBC 2.110 - Mayor is assigned to a seat Se Joint Building Code Review Committee, KIBC 15.45 Turner '�a:) 5 Kodiak College Council LeDoux E Kodiak Fisheries Work Group (Adhoc) Griffin/Whiteside Griffin - 2 N Sel Two Appointees plus one alternate LeDoux (alt) a Kodiak Fisheries Advisory Committee, Res FY07-38 Whiteside O U n Sel Parks and Recreation Committee, KIBC 2.120 LeDoux 0 Sel Providence Health System Service Area Board, KIBC Smiley 8.05 Y Sel School District Budget Advisory Committee Sharratt Griffin-3 Se School District Facilities Review Committee Ames o Sel School District Strategic Planning Committee Ames Griffin-4 U Se Solid Waste Advisory Board, KIBC 2.145 Ames Health Facilities Advisory Board , Resolution No. Griffin Griffin-1 Se FY2023-20 Smiley N Turner a� Solid Waste Contract Committee, Resolution No. LeDoux a Se! FY2024-12 Smiley Turner Assembly Members are encouraged to indicate their desire for appointment to the following positions. The Assembly is responsible for appointing and confirming individuals to these seatsfroles. There will be Borough financial commitment involved. Cook Inlet Regional Citizens Advisory Council Arndt is currently (Three Year Term: April 2023 to March 2026 serving until March 2026 SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will Griffin will serve until Griffin start after SWAMC March Annual Conference) March 2026 Prince William Sound Regional Citizens Advisory Council (Two Year Williams is currently Term: May 2024 to May 2026) serving until May 2026 Work Session Item on November 14 scheduled to discuss the following seats: . Up for election Alaska Municipal League Seats (MUST fill -out attached application) . Scott Arndt • Director Seat — Boroughs • NACo Representative — NACo Member Borough • Legislative Committee Seat Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 250 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. Members of boards, committees, and commission; of adjustment, members of the board of equalization, and elected service area boa ird he r mayor and confirmed by the assembly unless otherwise specifically provided elsetA bn not confirmed by the assembly shall not become effective. Assembly Member: Return by Date: Thursday, October 23 # Board or Committee Assembly Rep (Mayor to fill out) Ln 11 /2023-1012024 1r1T/2024-10/2025 cu Sel Architectural Review Board, KIBC 2.125 Sharratt J a� Borough Lands Committee, KIBC 2,160 Turner a Sel Two appointees 'Mayor Smiley serves on this committee as wellco (D Emergency Services Council, Per KIBC 2.110 - Mayor is assigned to a seat 0 Se Joint Building Code Review Committee, KIBC 15.45 Turner 7c:) 5 Kodiak College Council LeDoux c Griffin/Whiteside Sel Kodiak Fisheries Work Group (Adhoc) LeDoux (alt) C (v Two Appointees plus one alternate 1 Kodiak Fisheries Advisory Committee, Res FY07-38 Whiteside a U a Sel Parks and Recreation Committee, KIBC 2.120 LeDoux 9 Sel Providence Health System Service Area Board, KIBC Smiley o 8.05 Se) School District Budget Advisory Committee 2 Sharratt C @ a Se School District Facilities Review Committee Ames 0 Sel School District Strategic Planning Committee Ames LO Se Solid Waste Advisory Board, KIBC 2.145 Ames 0 Health Facilities Advisory Board , Resolution No, Griffin Se FY2023-20 Smiley Turner a Solid Waste Contract Committee, Resolution No. LeDoux rz Se FY2024-12 Smiley Turner _L Assembly Members are encouraged to indicate their desire for appointment to the following positions. The Assembly is responsible for appointing and confirming individuals to these seats/roles. There will be Borough financial commitment involved. Cook Inlet Regional Citizens Advisory Council Arndt is currently Three Year Term: April 2023 to March 2026 serving until March 2026 SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will Griffin will serve until start after SWAMC March Annual Conference) March 2026 Prince William Sound Regional Citizens Advisory Council (Two Year Williams is currently Term: May 2024 to May 2026) serving until May 2026 Work Session Item on November 14 scheduled to discuss the following seats: • Up for election Alaska Municipal League Seats (MUST fill -out attached application) • Scott Arndt • Director Seat — Boroughs • NACo Representative — NACo Member Borough • Legislative Committee Seat Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 251 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. 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. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Dave Johnson p Return by Date: Wednesday, October 23. # Board or Committee Assembly Rep (Mayor to fill out) 1112023-10/2024 11 /2024-1012025 Sel Architectural Review Board, KIBC 2.125 Sharratt >v w Borough Lands Committee, KIBC 2.160 Turner n 3 Two appointees *Mayor Smiley serves on this committee as well Emergency Services Council, Per KIBC 2.110 - Mayor is assigned to a seat 0 0 2 Joint Building Code Review Committee, KIBC 15.45 Turner �o Sel Kodiak College Council LeDoux Kodiak Fisheries Work Group (Adhoc) Griffin/Whiteside CASel Two Appointees plus one alternate LeDoux (alt) Kodiak Fisheries Advisory Committee, Res FY07-38 Whiteside n Sel Parks and Recreation Committee, KIBC 2.120 LeDoux 0 Sel Providence Health System Service Area Board, KIBC Smiley 8.05 CY c Y Sel School District Budget Advisory Committee Sharratt C T Se School District Facilities Review Committee Ames a 0 Sel School District Strategic Planning Committee Ames U 4 Solid Waste Advisory Board, KIBC 2.145 Ames 0 v Health Facilities Advisory Board, Resolution No. Griffin Se FY2023-20 Smiley Turner Solid Waste Contract Committee, Resolution No. LeDoux qcc 5 )I FY2024-12 Smiley Turner Assembly Members are encouraged to indicate their desire for appointment to the following positions. The Assembly is responsible for appointing and confirming individuals to these seats/roles. There will be Borough financial commitment involved. Cook Inlet Regional Citizens Advisory Council Arndt is currently Three Year Term: April 2023 to March 2026 serving until March 2026 SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will Griffin will serve until start after SWAMC March Annual Conference) March 2026 Prince William Sound Regional Citizens Advisory Council (Two Year Williams is currently Term: May 2024 to May 2026) serving until May 2026 Work Session Item on November 14 scheduled to discuss the following seats: • Up for election Alaska Municipal League Seats (MUST fill -out attached application) • Scott Arndt • Director Seat — Boroughs • NACo Representative — NACo Member Borough • Legislative Committee Seat Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 252 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. 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. An appointment not confirmed by the assembly shall not become effective. Assembly Member: 5COrr 6,M1 �y Return by Date: Wednesday, October 23. # Board or Committee Assembly Rep (Mayor to fill out) L6 11/2023-10/2024 11/2024-10/2026 ca Se Architectural Review Board, KIBC 2.125 Sharratt Borough Lands Committee, KIBC 2.160 Turner Q m Sel Two appointees *Mayor serves on this committee as well Smiley -ga .A Z Emergency Services Council, Per KIBC 2.110 - Mayor is assigned to a seat a Se Joint Building Code Review Committee, KIBC 15.45 Turner a� 5 Kodiak College Council LeDoux 5�I Lfr� 3 Kodiak Fisheries Work Group (Adhoc) GriffinMhiteside N Sel Two Appointees plus one alternate LeDoux (alt) CZ 1 Kodiak Fisheries Advisory Committee, Res FY07-38 Whiteside Sj 0 n Sel Parks and Recreation Committee, KIBC 2.120 LeDoux 0 Sel Providence Health System Service Area Board, KIBC Smiley o ,. 8.05 c Sel School District Budget Advisory Committee Sharratt 5� t M Se School District Facilities Review Committee Ames 0 Se School District Strategic Planning Committee Ames U Se Solid Waste Advisory Board, KIBC 2.145 Ames 0 Health Facilities Advisory Board , Resolution No. Griffin N Se FY2023-20 Smiley cu Turner N CD Solid Waste Contract Committee, Resolution No. LeDoux Se FY2024-12 Smiley Turner Assembly Members are encouraged to indicate their desire for appointment to the following positions. The Assembly is responsible for appointing and confirming individuals to these seatslroles. There will be Borough financial commitment involved. Cook Inlet Regional Citizens Advisory Council Arndt is currently Three Year Term: April 2023 to March 2026 serving until March 2026 SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will Griffin will serve until start after SWAMC March Annual Conference) March 2026 Prince William Sound Regional Citizens Advisory Council (Two Year Williams is currently Term: May 2024 to May 2026) serving until May 2026 Work Session Item on November 14 scheduled to discuss the following seats: • Up for election Alaska Municipal League Seats (MUST fill -out attached application) • Scott Arndt • Director Seat — Boroughs • NACo Representative — NACo Member Borough • Legislative Committee Seat Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 253 of 298 AGENDA ITEM #14.D.3. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS KIBC 2.100.030 Appointments. 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. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Bo Whiteside p Return by Date: Wednesday, October 23. # Board or Committee Assembly Rep (Mayor to fill out) L6 11 /2023-10/2024 11 I2024-1012025 cc Sel Architectural Review Board, KIBC 2.125 Sharratt a� Borough Lands Committee, KIBC 2.160 Turner n 3[J Two appointees 'Mayor Smiley serves on this commi Mayoral Appointments Of Assembly Member Representatives To Different Boa... Page 254 of 298 AGENDA ITEM #14.D.4. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid Waste Advisory Board ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to confirm the mayoral appointment of Ms. Judith Phillips to an At -Large seat on the Solid Waste Advisory Board for a term to expire on December 31, 2025 DISCUSSION: There is currently one at -large seat vacant on the Solid Waste Advisory Board. This appointment will assign Ms. Judith Phillips to an At -Large seat to expire on December 31, 2025. 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 Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid... Page 255 of 298 AGENDA ITEM #14.D.4. 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 clerks0kodiakak.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. ❑ 1 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. Applicant Information Full Name:Judith M. Phillips Physical Address Where you Claim Residency:11240 Womens Bay Drive Mailing Address: Same Phone Number(s): 907-512-7410 EmailAddress(s): judgejudyp@gmail.com Employer/Occupation:fisherperson, retired teacher Check the Board, Committee, Commission, or Work Group for which you are applying: O Architectural/Engineering Review Board O Bay View Road Service Area O Citizens Board of Equalization O Fire Protection Area No.1 O Kodiak Fisheries Development Association 17 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 ® Solid Waste Advisory Board O Womens Bay Service Area Board O Other: LEPC Category: O Woodland Acres Street Light Service Area Please Answer the Following Are you a Borough Resident? ® Yes O No 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? ® Y es O No Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid... Page 256 of 298 AGENDA ITEM #14.D.4. Background Information Please list any current memberships or organization(s) you belong to or participate in: kmxt member, What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): former teacher, active community member 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: 0. A resume or letter of interest may be attached but is not required. - STAFF USE ONLY - Borough Registered Voter: VYes O No Resident of the Borough for at least one year: O Yes O No Resident of the City of Kodiak: O Yes O No Resident of the Service Area: 13 Yes O No Date received: Date provided to the Mayor or Assembly: DAdditional atr 0 7014 For P&Z City seats, date sent to the City of Kodiak: notes: - ERKS OFFICE AIASKA REVISED 01/24 Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid... Page 257 of 298 AGENDA ITEM #14.D.4. /10 #'4A*AlmKODIAK ISLAND BOROUGH SOLID WASTE ADVISORY BOARD NAME TERM ENDS I CONTACT NO. EMAIL At -Large Seats 1 Teresa Pruitt PO Box 8609 2025 (907) 942-3453 907 486-0048 vizhunz(aDgmail.com 2 Lawrence Van Daele 3401 Antone Way 2025 (907) 654-8822 kodiaklarry(c)gmail. com 3 Andie Wall (Chair) 1719 Selief Lane 2026 (907) 654-1443 And ie.w.wall(a)gmail. com 4 VACANT 2025 5 Leanna Harrington 838 Sar eant Creek Road 2024 (907) 942-7575 lean naiharrington61Dgmail.corn 2 Designated Seats Construction Business Representative 6 Douglas Hogen 2024 3099 Spruce Cape Rd (907) 539-5407 907 486-4407 dlhogen(a)gmail.com Retail Business Representative 7 Kimberly Olson PO Box 940 2024 (910) 987-3622 olsonkdo a()gmail.com 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(abkodiakak.us Dave Conrad 3 USCG Representative (907) 487-5494 Jennifer. n.nutt(a)uscg.mil Jennifer N. Nutt (907) 854-4514 Environmental Division Chief 4 City of Kodiak (907) 654-7559 cgronn(a)city.kodiak.ak.us Representative (907) 486-8670 Corey Gronn PO Box 9005 5 KHS Student Council Rep April 29 Annually STAFF: Engineering and Facilities Department 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 Rev. by IA 11 / 15/2024 Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid... Page 258 of 298 AGENDA ITEM #14.D.5. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Approval Of Kodiak Island Borough Representation For The Borough Director Seat And The National Association Of Counties (NACo) Seat On The Alaska Municipal League Board Of Directors ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to approve the candidacy of Assembly member Sharratt to the Borough Director Seat and the candidacy of Mayor Arndt to the National Association of Counties (NACo) on the Alaska Municipal League Board of Directors. DISCUSSION: The following are the open seats on the Alaska Municipal Board of Directors, Two-year Terms (2025-2026) 1. Director Seat - Borough 2. NACo Representative (Currently seated: Mayor Arndt, Term expires December 2024) 3. Legislative Committee Due to the financial commitment involved, the Assembly should approve the candidacy of Mayor Arndt and Assembly member Sharratt on the Alaska Municipal League Board of Directors seat. ALTERNATIVES: FISCAL IMPACT: The Mayor's Travel Budget for FY2025 is $16,500. NACO travel expenses are partly reimbursed by AML. The Assembly's Travel Budget for FY2025 is $25,000. OTHER INFORMATION: The Kodiak Island Borough occupies director positions on several boards such as the following: • Cook Inlet Regional Citizens Advisory Council, (Three Year Term: April 2023 to March 2026) - Arndt is currently serving until March 2026 • SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will start after SWAMC March Annual Conference) - Griffin will serve until March 2026 • Prince William Sound Regional Citizens Advisory Council (Two Year Term: May 2024 to May 2026) - Williams is currently serving until May 2026 These positions are subject to reelection or reappointment every two years. The Assembly is responsible for appointing individuals to these seats and ensuring financial support for those appointed. Kodiak Island Borough Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 259 of 298 AGENDA ITEM #14.D.5. ALASKA • MUNICIPAL o• • �.• LEAGUE 2025 BOARD OF DIRECTORS ' DECLARATION OF CANDIDACY AND FINANCIAL COMMITMENT IIalip ailVal kty MUNICIPALITY MAILING ADDRESS WORK PHONE: HOME/CELL PHONE: I hereby declare myself a candidate for: OPresident OVice President OTreasurer ()Director, District 2 - Kodiak/PWS ()Director, District 4 - Mat -Su () Director, District 6 - North ODirector, District 8 - Yukon ODirector, Mat -Su Borough ()Director - Boroughs ONACo Representative - NACo Member and request my name be placed on the ballot for election at the 2024 Alaska Municipal League 74th Annual Conference. I declare I will serve and participate actively in the designated office and that I will accept the time and financial commitment for the entire term if elected. SIGNATURE OF CANDIDATE DATE MUNICIPAL SUPPORT: to include physical presence at 3 meetings paid for by municipality (Feb., Aug. and Dec.) and one meeting paid for by AML (May). All director seats are two-year terms except as noted above. On behalf of the municipality, I am authorized to commit financial support of the above individual's active participation in the Alaska Municipal League and, if elected, on the AML Board of Directors. AUTHORIZED SIGNA TITLE Must be submitted to the AML office via fax, mail or email by 4:30 p.m. Friday 12/06/24, or submitted by hand no later than 4:00 p.m. Wednesday 12/09/24 at the Annual Conference registration desk. Mail: One Sealaska Plaza, Ste. 302 Fax: (907) 463-5480 OVER Juneau, AK 99801 Email: sarahk@akml.org Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 260 of 298 AGENDA ITEM #14.D.5. AML BOARD OF DIRECTORS Page 2 BIOGRAPHICAL SKETCH FULL NAME OFFICE HELD NO. YRS. PREVIOUS MUNICIPAL OFFICES HELD AND NO. YRS. PREVIOUS EXPERIENCE WITH AML (office held, committee participation, etc.) OTHER RELEVANT EXPERIENCE ALASKA •'• MUNICIPAL •• .• : LEAGUE Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 261 of 298 AGENDA ITEM #14.D.5. 'ALASKA MUNICIPAL • ®• � �; LEAGUE ONE SEALASKA PLAZA, SUITE 200 JUNEAU, ALASKA 99801 TEL (907) 586.1325 • FAX (907) 463-5480 • WWW.AKML.ORG Member of the National League of Cities and the National A ciotwn of Counties Alaska Municipal League — Code of Ethics and Conflict of Interest Application and Purpose This Code of Ethics and Conflict of Interest Policy (hereinafter "Ethics Code") applies to members of the Alaska Municipal League ("AML") Board of Directors ("Directors"). It is intended to be broadly construed and should not be interpreted as an exhaustive policy. The purpose of this Code of Ethics is to encourage high ethical standards and practices, establish guidelines for ethical standards for Directors, and serve as a basis for enforcing said standards, practices, and guidelines. Definitions Solely for the purpose of this code of ethics: a. `Adverse Action' means an action adverse to AML includes, but is not limited to, an action negatively impacting AML assets, administration or operations, or its compliance with any state or federal law or regulation, or an action that does or could reasonably be foreseen to subject AML to a legal challenge or that is or could reasonably be foreseen to be harmful to AML's reputation. b. `Conflict of Interest' includes a situation in which it is reasonably foreseeable that a Director (or a member of the Director's immediate family or the municipality they represent) would or expects to benefit from or be harmed personally or financially from an action taken by the Board; however, a conflict of interest would not include matters that have a similar general impact on substantially all AML members, such as a change in the membership dues structure, or a matter in which the Director has only a remote interest. c. `Decision' means any formal action taken by the AML board. d. `Director' means a member of the AML Board of Directors. e. `Employee' means any person who is a full-time or part-time employee of AML. The term also means any individual providing services to AML as an independent contractor, or any individual employed by or working as an independent contractor for an entity providing services to AML. f. `Immediate family' means spouse, parents, grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers-in- law and sisters-in-law, daughters-in-law, sons-in-law, and adopted, half and step members. Domestic partners and their relations as described above are also considered immediate family. g. `Reasonably foreseeable' means a result or event that can be reasonably anticipated or expected and is more than hypothetical or theoretical. h. `Remote interest' means an interest of a person or entity, including a Director, which would be affected in the same way as the general public. III. General Adopted July 1, 2024 Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 262 of 298 AGENDA ITEM #14.D.5. a. Confidentiality. Directors shall maintain the confidentiality of information pertaining to employees, participants, beneficiaries, dependents, investments and other non-public information, except as required by law. b. Presentation of Potential Projects and Service Providers. To ensure potential projects and service providers are thoroughly researched, appropriate and free of conflicts of interest, potential projects or service providers to be considered by the Board will be presented solely by the Executive Director or his or her designee, for consideration by the Board. In the event a Director is approached by service providers or other individuals with potential service opportunities, such Director shall promptly refer the matter to the Executive Director or his or her designee. IV. Conflicts of Interest a. Disclosure and Recusal. If a Director has a conflict of interest, the Director shall disclose the nature of the conflict to the AML Board and shall recuse him or herself from participating in any related discussion, vote or action. b. Outside Organizations i. In General. AML Directors often serve on outside boards, committees and other organizations (hereinafter "outside organizations"). However, service on an outside organization that a reasonable person would view as likely to result in a conflict of interest with AML should be avoided. The municipality that a Director represents as an elected or appointed officer or employee, and programs and organizations operated or administered by AML are not considered outside organizations. ii. Actions Adverse to AML. If an outside organization on which a Director serves is contemplating a vote or other action that is adverse to AML, the Director shall recuse him or herself from participating in that vote or action and shall report the facts and circumstances of the vote or action to the AML Board; provided, however: the facts and circumstances of matters that the outside organization deems confidential shall not be reported to the AML Board, unless they are subject to the Alaska Open Records Act or otherwise become publicly available. V. Appearance of Impropriety a. In General. Directors shall at all times meet the highest ethical standards. Directors shall make every reasonable effort to avoid even the appearance of impropriety or improper influence. b. Social Media. There are no specific limitations on Directors with regard to their use of social media. However, Directors shall make every reasonable effort to consider how their communications over social media, including photographs and comments or captions thereto, may be interpreted by third parties. c. Gifts and Honoraria. There are no specific limitations on a Director's ability to receive gifts or honoraria. However, Directors shall make every reasonable effort to consider how their receipt of a gift or honoraria, taking into consideration the frequency, cost and source of the gift or honoraria, may be interpreted by the source Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 263 of 298 AGENDA ITEM #14.D.5. of the gift or honoraria and by third parties. d. AML Name and Logo. No Director shall utilize the AML name or logo for the purpose of endorsing any business or for any purpose not specifically authorized by the AML Executive Director or his or her designee. VI. The Workplace a. Demeanor. Directors shall create and maintain an atmosphere that encourages candid, collegial and productive discussions. Directors shall act with courtesy and mutual respect toward each other, AML employees, service providers, and other individuals working or partnering with AML. b. Discrimination and Harassment. Federal and Alaska laws prohibit discrimination in hiring and employment on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 and older), disability and genetic information. Harassment, including the creation and maintenance of a hostile work environment, is a form of discrimination. Any Director whose actions are the subject of a complaint may face limits on Board participation until such time as an investigation has been concluded and any appropriate corrective action taken. c. Reporting. Complaints alleging discrimination or harassment should be made to the President or Vice President, if from the board, or Executive Director or the employee's immediate supervisor, if by staff. Such complaints will be investigated promptly and confidentially by AML in accordance with AML's policies and procedures for such investigations. An investigation will be confidential to the extent allowed by law. d. Staff and Resources. Directors shall not direct staff to engage in research or other activities, or use resources, unless it is for a Board -authorized project and staff engagement is approved by the Executive Director, or relates to the provision of usual and customary services to the municipality for which the Director is employed or serves as an elected official. VII. Violations of Ethics Code If the Board determines that a Director has failed to comply with the Ethics Code, the Board shall take disciplinary or corrective action, up to, and including dismissal from the Board or referral to legal counsel, as appropriate. VIII. Periodic Training and Review Members of the Board of Directors of AML shall participate in training related to the provisions of the Ethics Code on an annual basis. The entire Ethics Code shall be subject to review at least once every five (5) years. Applicability: Members agree to abide by these terms as part of the condition of their application to the board of directors. Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 264 of 298 AGENDA ITEM #14.D.5. Whistleblower Policy General Code of Ethics and Conduct ("Code") requires directors, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of AML, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. Reporting Responsibility It is the responsibility of all directors, officers and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy. No Retaliation No director, officer or employee who in good faith reports a violation of the Code shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within AML prior to seeking resolution outside AML. Reporting Violations The Code addresses AML's open door policy and suggests that employees share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee's supervisor is in the best position to address an area of concern. However, if you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor's response, you are encouraged to speak with someone in the Human Resources Department or anyone in management whom you are comfortable in approaching. Supervisors and managers are required to report suspected violations of the Code of Conduct to AML's Compliance Officer, who has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or uncomfortable with following AML's open door policy, individuals should contact AML's Compliance Officer directly. Compliance Officer AML's Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of the Code and, at his discretion, shall advise the Executive Director and/or the audit committee. The Compliance Officer has direct access to the audit committee of the board of directors and is required to report to the audit committee at least annually on compliance activity. AML's Compliance Officer is the chair of the audit committee. Accounting and Auditing Matters The audit committee of the board of directors shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Compliance Officer shall immediately notify the audit committee of any such complaint Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 265 of 298 AGENDA ITEM #14.D.5. and work with the committee until the matter is resolved. Acting in Good Faith Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Confidentiality Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reported Violations The Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. Code of Conduct The recent state of business scandals has focused attention on the importance of well developed and communicated code of conduct in promoting a culture of honesty and ethical behavior and deterring unethical business activity. To be effective, a code of conduct must be well communicated to, and understood by, those expected to adhere to it. The code of conduct should be presented to Agency personnel and conduct periodic training sessions to ensure that they remain aware of the code and understand its implications for their behavior. AML is committed to the highest possible ethical standards and we encourage everyone associated with our Organization to commit to acting in the best interest of AML and its mission. Our mission demands that we, Board and Committee Members, staff and volunteers, as stewards of our mission, uphold the public trust and act in an ethical manner in all that we do in the name of our Organization. These ethical values include integrity, openness, honesty, accountability, fairness, respect and responsibility. These values are the basis of our Code of Conduct and commitment to act in a manner befitting AML and mission. As a public charity, we rely on the public for funding and volunteer support, which is critical to the success of our mission? The public trusts us to carry out our stated mission and to act in the best interest of AML. If we abuse the public trust, our ability to fulfill our mission is severely weakened. Therefore, it is critical that we operate in a manner that is above reproach in all aspects, including governance, fundraising, mission operations, legal matters and human resources. As a public charity we are committed to: • Acting responsibly and with integrity; • Following not just the letter of the law, but the spirit of the law as well; Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 266 of 298 AGENDA ITEM #14.D.5. • Promoting financial accountability, transparency, and best governance practices; oRespecting the wide variety of people who support our mission through donations of their time, talent and money; • Being responsible stewards of our Organization, its mission, reputation and resources; • Being open and honest in all of our dealings with both internal and external audiences. This Code of Conduct applies to all staff members, the Board of Directors and Committee Members, and volunteers. Accountability and Responsibility All staff, Board and Committee members, and volunteers will: • Be open and honest with colleagues, stakeholders, volunteers, donors, and all others involved in AML; • Abide by the by-laws and policies of AML; • Take responsibility for their actions, and care in their dealings as representatives of our Organization; • Exercise best governance and accounting practices and procedures; • Use the resources of AML in a responsible and wise manner; • Promote financial transparency while working to fulfill the mission of AML. • All who serve in a position of authority over AML will: • Place AML above other interests, financial or otherwise; • Act in the best interest of AML; • Disclose any actual or perceived conflict of interest. Professional Excellence All members of our staff, Board, Committees and all volunteers will: • Act in a responsible, ethical manner that promotes openness, fairness and integrity; • Treat people with dignity and respect; • Work together to achieve our mission to the best of our ability. AML is an equal opportunity employer and does not discriminate on the basis of race, color, religion, gender, or national origin. We value the diversity of all people. Name Date 6 Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 267 of 298 AGENDA ITEM #14.D.5. • A LA S KA 2025 Legislative Committee MUNICIPAL Application Form • •'. LEAGUE I would like to apply for a seat on the Alaska Municipal League Legislative Committee. I understand that Committee membership is limited to elected officials or municipal employees of AML member communities. I also understand and accept the time commitment required for active participation - in addition to the three meetings each year (described below), there will be weekly calls during the legislative session, and regular email communication. FULL NAME MUNICIPALITY DISTRICT POSITION CELL WORK E-MAIL AREAS OF EXPERTISE OR INTEREST: SIGNATURE OF APPLICANT DATE Participation in the Legislative Committee does not indicate formal support for or opposition to a policy on behalf of the municipality, but provides input into AML's advocacy, positions, and strategy. MUNICIPAL SUPPORT: On behalf of the municipality, I am authorized to commit financial support of the above individual's active participation in the Alaska Municipal League Legislative Committee, to include physical presence at 3 meetings paid for by municipality. The Committee will meet during the Legislative Meeting in February in Juneau, the Summer Conference in August, and the Annual Conference in December in Anchorage. AUTHORIZED TITLE DATE Must be submitted to the AML office by 4:30 p.m. Friday 12/06/2024 or submitted by hand no later than 4:00 p.m. Wednesday 12/09/2024 at the Annual Conference registration desk. Mail: One Sealaska Plaza, Suite 302, Juneau, AK 99801 Email: sarahk(Dakml.org Approval Of Kodiak Island Borough Representation For The Borough Directo... Page 268 of 298 D O v O Q T O Q_ Sv S? W O O CO N O fn O Z3 Sv O Z3 -n O (D co O O C C� S 0 N 0 Mayor's Budget for FY2025 (Mayor's seat on the AML Board expires December 2024. This budget assumes that he is reelected to the NACO Seat. * AML related travel Account# 100-100-450.301 Mayor's requested budget is $16,500 Date Routine Travel - Purpose Location Registration Airfare Lodging Misc Subtotal Per Diem Total AML Reimburse ment July 12-15, 2024 NACo Annual Conference & Exposition Hillsborougl 600.00 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.05 September 24-26, 2024 *SouthEast Alaska Municipal Conference Annual Meetii Ketchikan 330.00 664.10 411.70 50.00 $ 1,455.80 332.50 1,788.30 December 9-13, 2024 AML Annual Local Government Conference Anchorage, 600.00 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 February 21-24, 2025 *NACo Legislative Conference & Federal Lobbying DC 575.00 1,186.40 1,275.451 45.38 $ 3,082.23 592.50 3,674.73 2,350.00 May 2025 *NACo Western Insterstate Region Conference ? 475.00 986.60 725.00 50.00 $ 2,236.60 435.00 2,671.60 2,350.00 August 2025 AML Summer Legislative Conference ? 1 250.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 February 2025 AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 April 2025 *AML Board of Directors Retreat Anchorage 306.20 231.34 $ 537.54 174.00 711.54 534.34 March 2025 SWAMC Economic Summit Anchorage, 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 2024-2025 Travel to the Villages Karluk 390.00 200.00 $ 590.00 247.50 837.50 2024-2025 Travel to the Villages Akhiok 390.00 100.00 $ 490.00 163.501 653.50 2024-2025 ITravel to the Villages Larsen Bay 330.00 $ 330.00 330.00 2024-2025 IlLavel to the Villages Old Harbor 300.00 $ 300.00 300.00 2024-2025 Travel to the Villages Ouzinkie 172.00 $ 172.00 172.00 2024-2025 Travel to the Villages Port Lions 172.00 $ 172.00 172.00 Total Travel 19,618.62 4,446.00 24,064.62 7,584.34 New conference added Less AML Reimbursement 7,584.34 Total Travel + Per Diem - AML Reimbursement 16,480.28 Mayor's Budget for FY2025 (Budget assuming the Mayor is NOT REELECTED AS NACO REP on the AML Board. This budget will eliminate NACO in DC and WIR Conference Account# 100-100-450.301 Date Routine Travel - Purpose Location Registration Airfare Lodging Misc Subtotal Per Diem Total AMIL Reimburse ment July 12-15, 2024 NACo Annual Conference & Exposition Hillsborougl 600.00 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.00 September 24-26, 2024 SouthEast Conference Annual Meeting Ketchikan 330.00 664.10 411.70 50.00 $ 1,455.80 332.50 1,788.30 December 9-13, 2024 AML Annual Local Government Conference Anchorage, 600.00 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 February 2025 Federal Lobbying DC 1,186.40 1,275.45 45.38 $ 2,507.23 592.50 3,099.73 February 2025 AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 March 2025 SWAMC Economic Summit Anchorage, 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 August 2025 AML Summer Legislative Conference ? 250.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 2024-2025 Travel to the Villages Karluk 390.00 200.00 $ 590.00 247.50 837.50 2024-2025 Travel to the Villages Akhiok 390.00 100.00 $ 490.00 163.50 653.50 2024-2025 ITravel to the Villages Larsen Bay 330.00 $ 330.00 330.00 2024-2025 IlLavel to the Villages Old Harbor 300.00 $ 300.00 300.00 2024-2025 Travel to the Villages Ouzinkie 172.00 $ 172.00 172.00 2024-2025 ITravel to the Villages Port Lions 1 172.001 $ 172.00 1 172.00 Total Travel 16,269.48 3,837.00 20,106.48 2,350.00 Less AML Reimbursement 2,350.00 Total Travel + Per Diem - AML Reimbursemenl 17,756.48 KIBC 2.20.070 (B)(6) For travel other than annual routinely scheduled conferences or meetings, the mayor shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the mayor shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the mayor shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expensens of the trip. NOTE: Listed above will be considered annual routinely scheduled conferences or meetings per KIBC 2.30.100 (F)(6)) 6,346.33 NACO & WII 24,102.81 Assembly's Budget for FY2025 (Listed below will be considered annual routinely scheduled conferences or meetings per KIBC 2.30.100 (F)(6)) Account# 100-100-450-300 Budget $ 25,000.00 Date TA# Traveller Purpose Location Registration Airfare Lodging Misc Sub -Total Per Diem TOTAL August 13-15 All 7 2024 AML Summer Legislative Conference Kodiak 1,050.00 $ 1,050.00 1,050.00 December 8-13 2024 AML Annual Legislative Conference Anchorage, AK 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 (4 attendees) 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 (2 newly elected Officials) NEO Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 NEO Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 SWAMC Conference SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 (3 attendees) SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 February-25 AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 (2 attendees) AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 Travel $ 11,794.08 5,002.50 16,796.58 Left over amount can be used for Juneau/DC Lobbying, additional travellers, or travel to the villages. Available 8,203.42 KIBC 2.30.100 (F)(6) For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the assembly member shall given an oral report stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. v (D N 4 O O 41 N OD AGENDA ITEM #14.D.6. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Authorization To Cancel The January 2, 2025, Regular Meeting ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to cancel the January 2, 2025, regular meeting, and authorize the Borough Manager to schedule a special meeting as necessary. DISCUSSION: The Assembly adopted Resolution No. FY2025-06 on October 3, 2024, approving the Assembly meeting calendar for the year 2025. Section 2 of the Resolution allows the assembly to cancel meetings by motion. ALTERNATIVES: The Assembly may or may not cancel the regular meeting. If the Assembly decides not to cancel, they may consider calling a work session before this regular meeting. FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.030 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Authorization To Cancel The January 2, 2025, Regular Meeting Page 271 of 298 AGENDA ITEM #14.D. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2025-06 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING THE ASSEMBLY MEETING CALENDAR FOR THE YEAR 2025 WHEREAS, the assembly routinely sets and adopts its meeting calendar for the following year by resolution; and WHEREAS, KIBC 2.30.030 further states that if a regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of a quorum for holding a meeting occurs, or when there is little or no business to be considered, the assembly may cancel such meeting and hear its business at the next regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. Adoption of Meeting Calendar: The Assembly Meeting Calendar for the Year 2025, attached as Appendix A to this resolution and incorporated herein by reference, is approved. Section 2. Revisions to Meeting Calendar. The Assembly may call or schedule additional meetings, or may advance, postpone, or cancel meetings by motion or as otherwise authorized in KIBC 2.30.030 when necessary. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF OCTOBER, 2024 KODIAK ISLAND BOROUGH ATTEST. 0 aA� Scott Arndt, Mayor Nova M Javier, MMC Borough Clerk VOTES: Ayes: Griffin, Sharratt, Smiley, Whiteside, and Ames Noes: Turner Kodiak Island Borough, Alaska Resolution No. FY2025-06 Page 1 of 1 Authorization To Cancel The January 2, 2025, Regular Meeting Page 272 of 298 AGENDA ITEM #14.D. 6. Kodiak Island Borough 2025 Annual Calendar January Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 New Year's Day R 5 6 7 8 9 10 11 P&Z W 12 13 14 15 16 17 18 P&Z R R 19 20 21 22 23 24 25 Martin Luther King Jr. Day 26 27 28 29 30 31 April Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 R 4 5 6 7 8 9 P&Z W 10 11 12 13 14 15 16 P&Z R 17 R 18 19 20 21 22 23 24 25 26 27 28 29 30 July Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 R 4 Independence Day 5 6 7 8 9 P&Z W 10 11 12 13 14 15 16 P&Z R 17 R 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 R 3 4 5 6 7 E 8 P&z w 9 10 11 12 13 14 15 P&Z R 16 R 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Assembly Meetings R Regular Meeting W Work Session Borou MLK Day President's Day Seward's Day Planninc P&Z R P&Z W February Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 R 7 8 9 10 11 12 P&Z W 13 W 14 15 16 17 President's Day 18 19 P&Z R 20 R 21 22 23 24 25 26 27 28 May Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 R 4 5 6 7 8 9 10 BOE R 11 12 13 14 15 16 17 P&z w R 18 19 20 21 22 23 24 P&Z R 25 26 27 28 29 30 31 Memorial Day W August Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 R 8 9 10 11 12 13 P&Z W 14 W 15 16 17 18 19 20 P&Z R 21 R 22 23 24 t31 25 26 27 28 W 29 30 November Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 R 9 10 11 12 13 14 15 Veteran's Day P &z W W 16 17 18 19 20 121 22 P&Z R R 23 24 25 26 27 28 29 30 Thanksgiving Day Thanksgiving Friday (Boro Holiday) Board of Equalization Zonina Meetinas BOE R Regular Meeting Regular Meeting Work Session Elections E - Local Election h is Closed in Observance of: Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day New Years Day March Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 R 9 10 11 12 13 14 15 P&Z W 16 17 18 19 20 21 22 P&Z R R 24j/3Y 25 26 27 28 29 r W June Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 R 8 9 10 11 12 13 14 P&Z W 15 16 17 18 19 20 21 P&Z R Juneteenth Observed 22 23 24 25 26 27 28 W 29 30 September Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1 3 1 4 1 5 1 6 Labor Day R 7 8 9 10 11 12 13 P&Z W 14 15 16 17 18 19 20 P&Z R R 21 22 23 24 25 26 27 W 28 29 30 December Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1 3 1 4 1 5 1 6 7 8 9 10 P&Z W 11 12 13 14 15 16 17 P&Z R 18 R 19 20 21 22 23 24 25 Christmas Day 26 27 28 29 30 31 Authorization To Cancel The January 2, 2025, Regular Meeting Page 273 of 298 AGENDA ITEM #18.A. Kodiak Island Borough Fire Protection Area No. 1 Service Area Board July 23, 2024 A regular meeting of the Fire Protection Area No. 1 Service Area Board was held on July 23, 2024, in the Bayside Fire Hall. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the meeting to order at 6:07pm ROLL CALL Staff Brian Price conducted a roll call. Board members present were Chair Richard Carstens, Vice Chair John Parker, Scott Arndt, and Mike Dolph. Member Paul Vandyke was absent. A quorum was established. Also in attendance was Chief of Bayside Fire Department Scott Ellis. APPROVAL OF AGENDA PARKER MOVED to approve the agenda. ARNDT seconded. VOICE VOTE ON MOTION CARRIED UNANINMOUSLY APROVAL OF MINUTES John Parker noted a single typo in the June 11, 2024, regular meeting minutes. The change was noted, and staff was directed to make the revision before its final submission. ARNDT MOVED to approve the minutes of the June 11, 2024, regular meeting as corrected for a minor typo. PARKER seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT The board noted discrepancies in the date ranges for the financial report. 2 reports were provided, the first of which could not be acknowledged due to the incorrect range. ARNDT MOVED to acknowledge the receipt of the financial report dated 07/01/23 - 06/30/2024. DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough July 23, 2024 Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 274 of 298 AGENDA ITEM #18.A. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) FIRE CHIEF'S REPORT Chief Scott Ellis gave his report. Details on the recent fireworks building fire were shared. Another incident at North Star was shared also. Chief Scott Ellis also noted an EMS call in which CPR was administered successfully on site. Officers were commended for performing to and beyond expectations and continuing seamless operations in conjunction with The City Fire Department. Richard Carstens credited Bayside Fire Department's trainings and that these instances speak to personnel's responsibility cooperate. Plans for recruitment events were shared as well as other plans for general community outreach. The KARES program was mentioned. Plans to overhaul the program were shared. Opportunities for the 16-17-year-old support roles at Bayside are also being revamped. Regular Trainings are continuing to push along. Chief Ellis concluded his report with mention of the upcoming Alaska Fire Chiefs Association Meeting. CHAIR PERSONS' REPORT Chair Richard Carstens gave his report. The Bayside Addition was mentioned in reference to the budget availability. Scott Arndt suggested proposing a CIP recommendation asking for $110,000, down from the initial ask of 2 million with a 50% match. Vice Chair John Parker agreed and voiced that that recommendations should be done as soon as possible. The board discussed dates to clarify deadlines. Chair Richard Carstens directed Chief Ellis to initiate the process of submitting the CIP recommendation. NEW BUSINESS Discussion On Parking Chair Richard Carstens expressed concern for the parking situation at Bayside Fire Department and described the instances that contributed to this discussion item's conception. Personal incidents and observations were shared among the board. Chair Richard Carstens noted that this has been a long -running issue in the past and should be addressed since it will not go away on its own. Ideas were explored for possible solutions. Scott Arndt voiced concerns that other matters are of higher priority. Chief Scott Ellis regarded the parking situation as an issue that is interwoven with other issues at Bayside Fire Station. Vice Chair John Parker stated this issue spoke to the other needs of the facility and strongly suggested some action be taken before voting in November. Chair Richard Carstens called for a 5-minute recess at the request of Scott Arndt. The board reconvened back into session at 6:37pm. Kodiak Island Borough July 23, 2024 Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 275 of 298 AGENDA ITEM #18.A. Budget Discussion Scott Arndt began the discussion of the budget. He clarified with the board the reasons for further alterations beyond what was proposed and approved in the board's budget meetings earlier this Spring. With no way for the board to know the mill rate at the time of the budget meeting, some figures were presumptive and subject to change. Real Property Tax & Personal Property Tax • Budgeted = $687,000 • Received = $708,000 Interest Earnings • Budgeted = $5,000 • Received = $53,000 Revenue Total = $771,921.73 Expenditures = $753,384 Scott Arndt explained that the changes left an excess of $18,537.73 for fund balance. The board understood the situation and appreciated the clarification Scott Arndt provided. CITIZENS' COMMENTS OLD BUSINESS Discussion of and action on a Policy for Use of Water by the Public at Bayside. Chief Ellis shared a printout with the board of the draft policy. JOHN PARKER MOVED to adopt the water policy. DOLPH seconded. Scott Arndt pushed back on the motion. In the past the city tried to meter the water before but discussed how it would not be worth the cost to have it metered. Vice Chair Joh Parker felt the policy was realistic and should be implemented. He argued that the policy could aways be reviewed and adjusted later. Chief Scott Ellis asked the board for what the amendment to the motion should be. Chief Scott Ellis noted the Emergent Policy Change Segment to the board and how it supported some of the concerns of the board. The board's intention was to make it as simple for members of the public to read while also thorough enough to account for common situations involved with the water line at Bayside Fire Department. Scott Arndt advocated for gathering something in writing to serve as proof of the agreement between the City and Bayside Fire Department regarding the water line not being metered. Concerns for issues with possible liability were discussed. SCOTT ARNDT MOVED to adopt the water policy as amended to include examples of situations that would impede the 24/7 access to the spigot PARKER seconded. Kodiak Island Borough Fire Protection Area No. 1 Board Regular July 23, 2024 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 276 of 298 AGENDA ITEM #18.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY BOARD MEMBERS' COMMENTS Mike Dolph - Nothing. Productive Meeting. John Parker - I really liked what Scott Presented about why to go for a lower level of funding. I feel that it is very well thought out and critical to the us in the long run. It may make the difference moving forward with the project in the next 6 months. Scott Arndt - Not further comments. Just trying to work through things to enable the fire district and the chief to do the best job we can. SET NEXT MEETING DATE Chair Richard Carstens set the next meeting date for Call of The Chair. ADJOURNMENT Chair Richard Carstens adjourned the meeting at 7:35pm. ,KQJDIAK ISLAND BOROUGH ATTEST: Richard Carstens, Fire Protection Area No. 1 �/'✓�'2i, /�,ii/ Chair �� 2 nz Brian Price, Board Secretary Approved on: � KIB Engineering & Facilities Department Kodiak Island Borough July 23, 2024 . � U OL I 0 9 2024 BOROUGH CLERICS OFFICE KODIAK, ALASKA Fire Protection Area No. 1 Board Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 277 of 298 AGENDA ITEM #18.A. WOMENS BAY SERVICE BOARD REGULAR MEETING MINUTES Date: Tuesday, September 3, 2024 Call to Order: 5:32 Commissioners Present: Jason Chandler, Travis Cooper, Billy Ecret-Vice Chair, Greg Egle- Chair, Dave Heuman-Secretary and Jon Melin. Commissioners Excused: Bill Roberts Also in Attendance: Kevin Arndt - Contractor, Dave Conrad- Fire Chief Approval of agenda by unanimous vote. Approval of minutes by unanimous vote for: 1. Regular Meeting of August 6, 2024 Citizen's Comments: 1. TC relayed a concern from Brianna Cooper about degraded crack seal compound being discarded in adjacent ditches during current crack seal repair. Contractor Comments: August work 1. Crack seal, brushing and BF Rd RAP repair. 2. Will need additional material and authorization for more crack sealing. Chairman's Report: 1. Work orders a) Chiniak Dr. N end needs culvert repair and D1 b) Continue Crack Seal, NTE 20k additional. c) Culvert @ Otter/BF Rd add extension S end 2. Budget updates a) FD; 28k spent to date b) RS; 30k spent to date 3. Communications a) Quiet month, none. Old Business: 1. Fire Dept a) Repeater install unlikely to occur b) Brush Truck Recall pends scheduling w/ ferry trip c) Water line repairs; Pump replaced 8.13, project is complete. 2. Road Service; a) Flooded road dates i) 11 /2/23, 4/18/24, 5/31 /24, 6/8124, 9/4/24 b) Russ Loop Culvert i) Did some clearing of outfall end, New Business: 1. Fire Dept a) New Playground Equipment Installation will be installed soon 2. Road Service a) None Board Member Comments; 1. JM; 3 or more commissioners together is a `meeting' Meeting adjourned at 6:15 pm Page 1 of 2 Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 278 of 298 AGENDA ITEM #18.A. WOM ENS BAY SERVICE BOARD REGULAR MEETING MINUTES Next Regular meeting scheduled for October 1, 2024 at 5:30 p.m. CHAIRPERSON WITNESS OCT 14, 2024 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Page 2 of 2 Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 279 of 298 AGENDA ITEM #18.A. WOM ENS BAY SERVICE BOARD REGULAR MEETING MINUTES Date: Tuesday, October 1, 2024 Call to Order: 5:32 Commissioners Present: Travis Cooper, Greg Egle-Chair, Dave Heuman-Secretary and Jon Melin. Commissioners Excused: Jason Chandler, Billy Ecret Vice Chair, Commissioner Absent: Bill Roberts Also in Attendance: Kevin Arndt - Contractor, Dave Rittenhouse & Cathy Sloan -constituents. Approval of agenda by unanimous vote. Approval of minutes by unanimous vote for: 1. Regular Meeting of September 3, 2024 Citizen's Comments: 1. DR had several comments; a) Dangerous tree overhanging on Kalsin Dr near Rittenhouse home b) Spring weeping on Sgt Ck Rd near McCarthy home, black ice generator c) Pavement degrading badly, fault of non forward thinking board Contractor Comments: September work 1. Crack sealing, storm repair/tree damage. 2. Culvert work on Chiniak and Otter. 3. Pot hole paving on S Russ Ck Chairman's Report: 1. Work orders a) Cut trees at Rittenhouse spot/Kalsin b) Address wet spot at McCarthy/Sgt Ck 2. Budget updates a) FD; none b) RS; none/23k invoices pending 3. Communications a) GE has invited Dora Cross/Finance, to attend one of our meetings. Old Business: 1. Fire Dept a) Brush Truck Recall pends scheduling w/ ferry trip. b) Playground equipment installed. 2. Road Service; a) None New Business: 1. Fire Dept a) Motion to purchase Thermal imager, NTE 3k 2. Road Service a) None Citizen Comment: 1. Cathy Sloan requesting a FD road number sign, advised her to call the Fire Hall and get more information. Board Member Comments; 1. DH; pay attention to selvage berm while grading. Page 1 of 2 Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 280 of 298 AGENDA ITEM #18.A. WOMENS BAY SERVICE BOARD REGULAR MEETING MINUTES Meeting adjourned at 6:16 pm Next Regular meeting scheduled for November 5, 2024 at 5:30 p.m. (Election Day) CHAIR146F&ON ' r WITNESS l0;/Z NOV 0 g LUA BOROUGH CLERICS OFFICE KODIAK, ALASKA Page 2 of 2 Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 281 of 298 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting September 18, 2024 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on September 18, 2024, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Christopher French, Associate Planner Joe Grochmal and Community Development Permit Technician Bronwyn Currie. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present were Christopher Paulson, Cort Neff, Craig Dagen and Tracy Craig. Dagen moved to excuse Ms. Fraser and Ms. Johnson. Neff seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 4/0 Dagen moved to approve the September 18 Regular Meeting Agenda. Neff seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 4/0 APPROVAL OF MINUTES Craig moved to approve the July 17 Regular Meeting Minutes. Dagen second's motion. VOICE VOTE CARRIED UNANIMOUSLY 4/0 CITIZENS' COMMENTS Citizens Comment is limited to three minutes per speaker. Local Number: 907-486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. • Jason Chandler BUSINESS ITEM Dagen moved to approve Resolution FY25-02 Neff seconds motion. Kodiak Island Borough September 18, 2024 Planning and Zoning Commission Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 282 of 298 AGENDA ITEM #18.A. VOICE VOTE CARRIED UNANIMOUSLY 4/0 PUBLIC HEARING Case 25-001 - Request for a Conditional Use Permit to allow a "Vacation Home" use for Aleutian BK10 LT4 (Common Address: 411 Maple Avenue, Kodiak, AK 99615). Dagen moved to approve Case 25-001: a conditional use permit application to change the use of 411 Maple Avenue from long-term rental to a short-term rental, and to adopt the findings of fact in opposition listed in the staff report dated September 13, 2024, entered into the record for this case as "Findings" for Case No. 25-001. Neff seconds motion. Joe Grochmal presented staff report. Staff recommends that the Commission approve the applicant's conditional use permit as requested. According to the application submitted by Nathalie and Abel Suralta, they are seeking a conditional use permit to operate their property at 411 Maple Avenue, Kodiak, AK 99615 as a vacation home. Presently, the property is utilized as a long-term rental. Kodiak Island Borough Code (KIBC) 17.200.050 outlines five conditions that must be satisfied for the approval of a conditional use permit: 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; 4. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections (A)(1) through (3) of this section; & 5. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. Chair to Open Public Hearing: if you would like to be heard, please come to the podium sign in, turn on the microphone and state your name. You can also call in, the Local Number: 907-486- 3231 or Toll -Free Number: 855-492-9202. Chair to Close Public Hearing. Commission Discussion. ROLL CALL CARRIED UNANIMOUSLY 4/0 FY2025-29 Capital Improvement Project List Powers and Duties Kodiak Island Borough Code 2.105.030 "Submit annually to the assembly, not less than 90 days prior to the beginning of the calendar year, a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the next five-year period. Such list shall be arranged in order of preference with recommendations as to which projects shall be constructed in a specific year" Dagen moved to approve FY2025-29 Capital Improvement Project List. Neff seconds motion. Kodiak Island Borough Planning and Zoning Commission Regular September 18, 2024 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 283 of 298 AGENDA ITEM #18.A. Bronwyn Currie presented staff report. Dagen moved to amend Number 2, Hospital Facility Sterilizer and boiler replacement, to increase the estimated project cost to $10,000,000.00. Craig seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 4/0 Dagen moved to amend Number 10. Service District Area Road Improvements and Paving, line 190, by supplementing the new estimated project cost as $6,000,000.00, local funds $1,200,00.00 and needed funds $4,800,000.00. And strike Women's Bay Service Area from line 195. Craig seconds motion. ROLL CALL VOTE CARRIED UNANIMOUSLY 4/0 Dagen moved to amend to substitute the Original FY2025-29 Capital Improvements Project List, with the Amended version. Neff seconds motion. ROLL CALL VOTE CARRIED UNANIMOULSY 4/0 OLD BUSINESS NEW BUSINESS PLANNING AND ZONING CASE RESULTS LETTERS • Case No. 24-014 Markham Rezone Planning and Zoning Approval Letter ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS There are none. DIRECTORS' COMMENTS • Chris French gives an overview of the Hazard Mitigation Plan Update, Plan 2045 kick-off meeting at Women's Bay Fire Station, the upcoming Plan 2045 meeting at the High School and the proposed changes to 17.205. CITIZENS' COMMENTS Citizens Comment is limited to three minutes per speaker. Local Number: 907-486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. COMMISSIONERS' COMMENTS Dagen thanks staff for service. Gives farewell to Joe. Neff appreciates Commissioner's for working through the CIP list Craig thanks the Commission for working well together. Says goodbye to Joe. Kodiak Island Borough September 18, 2024 Planning and Zoning Commission Regular Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 284 of 298 AGENDA ITEM #18.A. • Paulson thanks everyone for taking time out of their month to join these meetings. Expresses thanks to Joe, for his service. ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for October 9th, at 6:30 p.m., located in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for October 16th, at 6:30 p.m., located in the Assembly Chambers. ADJOURNMENT Neff moved to adjourn the September 18, 2024, Regular Meeting. Craig seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 4/0 Christopher Paulson, CHAIRPERSON ATTEST' Bronwyn Currie, Permit Technician 'ED 0C I 1 8 10A BOROUGH CLERK'S OFFICE KODIAK, ALASKA Kodiak Island Borough Planning and Zoning Commission Regular September 18, 2024 Meeting Minutes Fire Protection Area No. 1 Service Area Board Regular Meeting Minutes of... Page 285 of 298 BOROUGH RECORDS DISPOSAL REPORT ONSITE: ACTIVE CONTRACTS BOROUGH CL-09 CENTER-0 SEPARATE LIST Originals remain with the corresponding LASERFICHE CLERKS TOTAL: AT ATTACHED department while active. Copies are scanned EXPIRATION OR and stored in Laserfiche. ONCE PROCURED Apply retention (plus 4 years) once the contract • IF REAL or agreement expires, or once the product is PROPERTY IS procured. INVOLVED + Apply retention (plus 25 years) for agreements 25 YEARS. that involve real property. ALL OTHERS +4 YEARS v (D N 00 M O N (D w PRESENTED TO THE ASSEMBLY ON November 7, 2024. Y:\CL-18 - BOROUGH RECORDS DISPOSAL REPORTS\CY2024\1107 BOROUGH RECORDS DISPOSAL REPORT.docx v QQ CD W 4 0 41 N OD # CONTRACT NAME Notes Expiration/Review Date Purge Date 1 FY2016-06, EXT A,B,C&D; MK Construction for Road Maintenance and Term: The term of this contract is July 1, 2015 to June 30, 2016 with up to 4 6/7/2019 6/7/2023 Repairs, Snow Removal and Sanding WBSA extensions 2 FY2016-44 & 44A; Borough Manager Contract - Michael Powers 5/23/2019 5/23/2023 3 FY2015-09, EXT A-C; Brechan Enterprises for Snow Removal and Sanding, 9/30/2017 9/30/2021 Road Maintenance and Repairs MBSA Expires September 30, 2017 or until a new contract is awarded 4 FY2013-35 Arctic Elevator Company Borough Elevator Maintenance Extension until June 30, 2016 6/30/2016 6/30/2020 5 Term. The Agreement shall commence of the Effective Date and shall remain in effect for the term specified in Client's initial Order Form ("Initial Term"). Unless 1/31/2016 1/31/2020 Smarsh or Client provides the other party with at least ninety (90) days prior written notice, this Agreement and all purchased Services will automatically FY2015-23 SMARSH Service Agreement for Social Media Platform Archiving renew for additional twelve (12) month terms. 6 Schedule of Work January 1, 2013 - December 31, 2013 - missing FY2013-17A 12/31/2013 12/31/2017 FY2013-17 Wilson Engineering KHS Addition Project Mgt. copy 7 The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in 8/15/2013 8/15/2017 every respect, to the satisfaction of the Borough, on or before: August 15, 2013 FY2014-07 North Star Elementary Painting and Siding Replacement or within n/a calendar days following the date of notice to proceed. 8 SSMA shall remain in effect for a period of three years from start July 1, 2006 to 6/30/2009 6/30/2013 FY2007-04 New World Systems Maintenance Agreement June 30, 2009 10 Contract No. 1993-06 National Bank of Alaska c. Loan terms 12 months per thousand to a maximum of 60 months. 8/17/1998 8/17/2002 11 Contract No. 1991-06 Dept. Of Transportation And Public Facilities Transfer 8/8/1995 8/8/1999 of Responsibilities 12 Contract No. 1993-70 AK Construction - Road Maintenance and Repairs, The terms of this agreement shall be from December 20, 1993 through June 30, 6/30/1995 6/30/1999 Snow Removal, and Sanding - Bay View Service District 1995. 13 Contract No. 1993-32 Road Maintenance and Repairs, Snow Removal and The terms of this agreement shall be from July 1, 1993 through 6/30/1995 6/30/1999 Sanding Womens Bay Service District June 30, 1995. 14 Contract No. 1993-30 Road Maintenance and Repairs, Snow Removal and 6/30/1995 6/30/1999 Sanding Service District No. 1 15 Contract No. 1993-22 Road Maintenance and Repairs, Snow Removal and 6/30/1995 6/30/1999 Sanding Monashka Bay Service District The terms of this agreement shall be from July 1, 1993 through June 30, 1995. 16 Contract No. 1991-09 Copier Purchase 3/6/1995 3/6/1999 17 90-14 New World Systems 1/8/1995 1/8/1999 18 Contract No. 1993-20 Snow Removal and Sanding Pedestrian Path, Bike 12/31/1994 12/31/1998 Trail, Sidewalk & Heliport 19 Contract No. 1993-56 Donald Kubley - State Lobbying Services 10/31/1994 10/31/1998 20 Contract No. 1993-67 MKB Constructors - Peterson Elementary School 8/10/1994 8/10/1998 Rehabilitation Project 21 Contract No. 1993-66 Advanced Risk Management Techniques, Inc. (ARM 7/1/1994 7/1/1998 Tech) - Risk Management Consulting Services n G) m 0 n m 00 bo v QQ N 00 00 0 41 OD 22 Contract No. 1993-40 A Resolution Establishing Unit Prices For Material 6/30/1994 6/30/1998 Sales Contracts 23 Contract No. 1993-29 Water and Sewer Installation, Maintenance, and Repair 6/30/1994 6/30/1998 Services Service District No. 1 24 Contract No. 1993-28 Sewage Pump Station Preventative Maintenance, and 6/30/1994 6/30/1998 Repair Services Service District No. 1 25 Contract No. 1993-25 Consultation And Training Agreement City of Kodiak Section 5. The term of this agreement commenced July 1, 1993, and expires 6/30/1994 6/30/1998 And Kodiak Island Mental Health Center June 30, 1994. 26 Contract No. 1993-24 Animal Control Contract with City of Kodiak 6/30/1994 6/30/1998 27 Contract No. 1993-21 Thompson Transfer Inc. - Fuel Oil Delivery 6/30/1994 6/30/1998 28 Contract No. 1993-19 Snow Removal and Sanding Kodiak Island Borough 6/30/1994 6/30/1998 Municipal Facilities The terms of this agreement shall be from July 1, 1993 through June 30, 1994 29 Contract No. 1993-07 Chiniak Water System Study 6/30/1994 6/30/1998 30 Contract No. 1992-36 Junk Removal Program Services Contract Award 6/30/1994 6/30/1998 31 Contract No. 1993-58 Kodiak Home Repair - Smokeys Metal Dump Debris 4/30/1994 4/30/1998 Cleanup Project 32 Contract No. 1993-55 Kodiak Island Borough Landfill Leachate Control and 4/29/1994 4/29/1998 Treatment 33 Contract No. 1993-71 Economic Analysis for Testimony Before Board of 3/31/1994 3/31/1998 Fisheries RE Kodiak Salmon Management Plan 34 Contract No. 1993-62 Dency Lloyd - Services Contract for Advisory / 3/31/1994 3/31/1998 Consultant to the Salmon Industry Advisory Board 35 Contract No. 1993-65 Clarion Company - Construction of Incinerator for 3/30/1994 3/30/1998 Medical and Infections Waste Project at KIB Landfill 36 Contract No. 1993-42 Addendum To An Existing Land Sale Contract To Allow Continued Rock Extraction Activities At The Proposed North Star Elementary 3/18/1994 3/18/1998 School 37 Contract No. 1993-69 Natural Resources Consultants, Inc. - Data Analysis 3/1/1994 3/1/1998 and Testimony for Kodiak Salmon Industry Advisory Board 38 Contract No. 1993-61 MOA with KIB School District - Psychologist Professional Student Evaluation and Consultative Services for Special 1/21/1994 1/21/1998 Education Program 39 Contract No. 1993-57 MOA with KIB School District - Provide Counselors for 1/21/1994 1/21/1998 Counseling and Related Services for Special Education Program 40 Contract No. 1993-54 Contract Award -- Tsunami Siren Installation, Karluk, 12/31/1993 12/31/1997 Akhiok, 41 Contract No. 1993-53 Collection and Disposal of Hazardous Household and 12/15/1993 12/15/1997 Commercial Waste for the Kodiak Island Borough 42 12/15/1993 12/15/1997 Contract No. 1993-49 Kodiak Island Borough Landfill Truck Scale Project 43 Contract No. 1993-37 Construction Contract Kodiak Island Borough Ouzinkie 10/31/1993 10/31/1997 Boiler Installation Project n ci m 0 n m 00 Do v QQ CD W cc 0 41 N 00 44 Contract No. 1993-35 Construction Contract Kodiak Island Borough Hospital 10/31/1993 10/31/1997 Boiler Replacement Project 45 Contract No. 1993-11 Sargent Creek Settlement Agreement until October 31, 1993 10/31/1993 10/31/1997 46 Contract No. 1993-45 Road Sign Project 10/15/1993 10/15/1997 47 Contract No. 1992-38 Borough Clerk Employment Agreement With Donna F. C) This Agreement, subject to the provisions of Section 2 hereof, shall become 8/31/1993 8/31/1997 Smith effective commencing September 1, 1992 and extend through August 31, 1993. 48 Contract No. 1993-50 MOU Between The KIBSD And KIB Mental Health 8/15/1993 8/15/1997 Center For Services To Special Education Students 49 Contract No. 1993-27 Old Harbor School Site Work 8/15/1993 8/15/1997 50 Contract No. 1993-39 Kodiak Island Mental Health Center MOU 8/2/1993 8/2/1997 51 Contract No. 1992-43 Contract No. 92-43 Operation of Metals Program at 8/1/1993 8/1/1997 Landfill 52 Contract No. 1993-05 General Metals of Tacoma 7/31/1993 7/31/1997 53 Contract No. 1993-38 Kodiak Island Mental Health Center MOU 6/30/1993 6/30/1997 54 Section 7. The term of this agreement shall commence July 1, 1992, and 6/30/1993 6/30/1997 Contract No. 1992-32 Consultation and Training Agreement expire June 30, 1993. 55 Contract No. 1992-30 Road Maintenance, Snow Removal and Sanding Road 6/30/1993 6/30/1997 Construction and Repairs 56 Contract No. 1992-22 Road Maintenance, Snow Removal and Sanding Road Road Maintenance, Snow Removal and Sanding Road Construction and 6/30/1993 6/30/1997 Construction and Repairs Repairs Womens Bay Service District 57 Contract No. 1992-20 Road Maintenance, Snow Removal and Sanding Road 6/30/1993 6/30/1997 Construction and Repairs Monashka Bay Service District 58 Contract No. 1992-19 Fuel Oil Delivery Service Contract 6/30/1993 6/30/1997 59 Contract No. 1992-18 KIB and Island Sand &Gravel & Equipment Rental, Inc 6/30/1993 6/30/1997 for Snow Removal and Sanding Kodiak Island Borough Municipal Facilities The terms of this agreement shall be from July 1, 1992 through June 30, 1993. 60 Contract No. 1992-17 KIB and Brechan Enterprises Inc for Water and Sewer Installation, Maintenance, and Repair Services Service District No. 1 (Island 6/30/1993 6/30/1997 Lake/Mill Bay/Spruce Cape Service Area) The terms of this agreement shall be from July 1, 1992 through June 30, 1993. 61 Contract No. 1992-16 KIB and McDonald Enterprises for Sewage Pump Station Preventative Maintenance and Repair Services Service District No. 1 6/30/1993 6/30/1997 (Island Lake/Mill Bay/Spruce Cape Service Area) The terms of this agreement shall be from July 1, 1992 through June 30, 1993. 62 Contract No. 1992-14 KIB and Island Sand and Gravel & Equipment Rental Inc. for Road Maintenance, Snow Removal, and Sanding Road Construction 6/30/1993 6/30/1997 and Repairs for Service District No. 1 63 Contract No. 1991-02 Animal Control with Borgeman/Russell Animal Control This contract is effective from the date of execution through June 30, 1993. 6/30/1993 6/30/1997 64 Contract No. 1993-04 KIBSD/KIB/Mental Health 6/4/1993 6/4/1997 65 Contract No. 1992-39 MOU Between KODIAK ISLAND BOROUGH MENTAL 6/4/1993 6/4/1997 HEALTH CENTER and KIBSD PERIOD COVERED: August 28, 1992 through June 4, 1993 66 on or before November 15, 1992 and on the grass seeding on or 5/31/1993 5/31/1997 Contract No. 1992-35 Scout Circle Road Project before May 31, 1993 v QQ m N 0 0 41 00 67 Contract No. 1993-01 Chase Plumbing and Heating on or before March 15, 1993. 3/15/1993 3/15/1997 68 WORK SHALL BE COMPLETED 1/31/1993 1/31/1997 Contract No. 1992-45 Smokey's Fence Project within 10 calendar days by January 31, 1993 69 Contract No. 1991-10 Acceptance at Chemical Waste Management, Inc This disposal approval will expire 01/22/1993 1 /22/1993 1 /22/1997 70 Contract No. 1991-44 Agreement For Professional Services For Solid Waste Project finish date: December 31, 1992 12/31 /1992 12/31 /1996 71 Contract No. 1992-06 Settlement Agreement with Main Elementary Roof commencing July 17, 1992 and continuing each month thereafter until 12/17/1992 12/17/1996 Claim betwen KIB and CTA Architects Engineer Inc. December 17, 1992, 72 Contract No. 1992-44 East Elementary School Roof and Foundation Storm 11/30/1992 11/30/1996 Drain Project complete the work on or before Nov. 30, 1992. 73 Contract No. 1992-10 KIB and Jeffrey R. Stephans for local effort to defeat 3. Term. Unless earlier terminated, this agreement shall remain in effect 11/30/1992 11/30/1996 the North Pacific Fishery Management Council Individual Fishing Quota Plan beginning the twenty-second day of May, 1992 to November 30, 1992. 74 said labor shall be done and performed, in every respect, to the satisfaction of 10/28/1992 10/28/1996 Contract No. 1992-31 KIB Building & KIBSD Business Office Painting Project the herein aforementioned Borough Mayor, on or before October 28, 1992 74 WORK SHALL BE STARTED WORK SHALL BE COMPLETED within 10 10/9/1992 10/9/1996 Contract No. 1992-34 KIB Landfill Drilling, Blastin, Ribbing, and Dozing calendar days after by October 9, 1992 75 Contract No. 1992-26 Larsen Bay School Make - Up Air Unit Addition Project, the said labor shall be done and performed, in every respect, to the satisfaction 10/4/1992 10/4/1996 Project of the herein aforementioned Borough Mayor, on or before October 4 , 1992. 76 shall be furnished and delivered and all and every of the said labor shall be Contract No. 1992-25 Port Lions School Dormers and Exterior Repainting done and performed, in every respect, to the satisfaction of the herein 10/4/1992 10/4/1996 Project aforementioned Borough Mayor, on or before October 4, 1992 77 Contract No. 1992-33 MOU Between KIBSD and Kodiak Island Mental Health 9/30/1992 9/30/1996 Center through and including September 30, 1992. 78 Contract No. 1992-21 Ouzinkie school Painting Project, Project or before September 4, 1992. 9/4/1992 9/4/1996 79 C) This Agreement, subject to the provisions of Section 2 hereof, shall become 8/31/1992 8/31/1996 Contract No. 1991-26 Borough Employment Agreement With Donna F. Smith effective commencing July 1, 1991, and extends through August 31, 1992. 80 Contract No. 1991-28 Road Maintenance, Snow Removal and Sanding Road 6/30/1992 6/30/1996 Construction and Repairs The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 81 Contract No. 1991-25 Water and Sewer Installation, Maintenance, and Repair 6/30/1992 6/30/1996 Services Service District No. 1 The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 82 Contract No. 1991-24 Road Maintenance, Snow Removal and Sanding Road 6/30/1992 6/30/1996 Construction and Repairs Bayview Road Service District The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 83 Contract No. 1991-21 Road Maintenance, Snow Removal and Sanding Road 6/30/1992 6/30/1996 Construction and Repairs Monashka Bay Road Service District The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 84 Contract No. 1991-19 Fuel Oil Delivery Service Contract The terms of this agreement shall be from July 1, 1991 to June 30, 1992. 6/30/1992 6/30/1996 85 Contract No. 1991-16 Road Maintenance, Snow Removal and Sanding Road 6/30/1992 6/30/1996 Construction and Repairs The terms of this agreement shall be from July 1, 1991 through June 30, 1992. n m 0 n m 00 bo v QQ N 0 41 N OD 86 Contract No. 1991-15 Sewage Pump Station Preventative Maintenance, and 6/30/1992 6/30/1996 Repair Services Service District No. 1 The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 87 Contract No. 1991-14 Road Maintenance, Snow Removal and Sanding Road 6/30/1992 6/30/1996 Construction and Repairs Service District No. 1 The terms of this agreement shall be from July 1, 1991 through June 30, 1992. 88 Contract No. 1991-13 Consultation And Training Agreement Between City of Section 7. The term of this agreement shall commence July 1, 1991, and expire 6/30/1992 6/30/1996 Kodiak and Kodiak Island Mental Health June 30, 1992. 89 Contract No. 1991 KIB & National Marine Fisheries Agreement for 6/30/1992 6/30/1996 Professional Services 11. Extension of contract completion date from June 30, 1991 to June 30, 1992. 90 Agrees to represent the Kodiak Island Borough from November 1, 1991 until 6/30/1992 6/30/1996 1990-03 Lobbying Services with Ronald A. Garzini June 30, 1992. 91 The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and 3/6/1992 3/6/1996 performed, in every respect, to the satisfaction of the herein aforementioned Contract No. 1991-45 Kodiak East Elementary Lighting Project, Project RIB Borough Mayor, on or before March 6 , 1992. 92 Contract No. 1991-43 Kodiak Island Borough Landfill Fence Installation 1/15/1992 1/15/1996 Project WORK SHALL BE COMPLETED by January 15, 1992 93 WORK SHALL BE STARTED WORK SHALL BE COMPLETED within 10 12/10/1991 12/10/1995 Contract No. 1991-41 Underground Storage Tank Testing Project calendar days after by November 30, 1991 94 WORK_SHALL'BE STARTED WORK SHALL BE COMPLETED within 10 10/11/1991 10/11/1995 Contract No. 1991-22 Kodiak Island Borough Landfill Drilling & Blasting 1991 calendar days after by October 11, 1991 95 deliver CLL and all and every of the said labor shall be done and performed, in Contract No. 1991-34 Kodiak Island Hospital Washing Machine Foundation every respect, to the satisfaction of the herein aforementioned Borough Mayor, 9/30/1991 9/30/1995 Repair Project on or before September 30, 1991. 96 Section 3. Conditions of Employment Clerk shall receive the salary and benefits, and shall work under the terms and conditions, specified below during the period 9/30/1991 9/30/1995 from October 1, 1990, through September 30, 1991, unless Clerk's employment Contract No. 1991-04 Clerk Employment Agreement With Gaye J. Vaughan is terminated during that period as provided in Section 2 above 97 The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and 8/20/1991 8/20/1995 performed, in every respect, to the satisfaction of the herein aforementioned Contract No. 1991-12 Jay -Brant General Contractors Borough Mayor, on or before August 20, 1991. 98 The terms of this agreement shall be from August 6, 1990, through June 30, 6/30/1991 6/30/1995 90-17 Thompson Transfer, Inc. - KIB Fuel Oil Delivery 1991. 99 90-13 Brechan Enterprises, Inc. - Road Maintenance, Snow Removal, The terms of this agreement shall be from July 15, 1990, through June 30, 6/30/1991 6/30/1995 Sanding, Improvements and Repairs - Womens Bay Dervice District 1991. 100 90-12 Brechan Enterprises, Inc. - Road Maintenance, Snow Removal, The terms of this agreement shall be from July 15, 1990, through June 30, 6/30/1991 6/30/1995 Sanding, Improvements and Repairs - Monashka Bay Road Service District 1991. 101 90-11 Brechan Enterprises, Inc. - Road Maintenance, Snow Removal, The terms of this agreement shall be from July 15, 1990, through June 30, 6/30/1991 6/30/1995 Sanding, Improvements and Repairs - Bayview Service District 1991. 102 The work performed under this agreement shall begin on July 1, 1990 and shall 6/30/1991 6/30/1995 1990-01 Day Care Assistance Grantee Agreement be completed no later than June 30,1991. 103 The term of this agreement shall commence July 1, 1990, and expire June 30, 6/30/1991 6/30/1995 1990 Kodiak Mental Health Consultation and Training Agreement 1991. 104 The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned 10/24/1990 10/24/1994 Borough Mayor within ninety (90) calendar days after Receipt of Award and 90-09 Custom Paint and Drywall - Village Schools Paint Project Notice to Proceed. 105 This grant is effective on the date of signature by both parties. The Borough may carry out field activities under the terms of this grant through May 31, 1990. Accounting and auditing will be completed no later than September 30, 1990. 9/30/1990 9/30/1994 This grant terminates on September 30, 1990 at which time no more money will 1990 Local Response Project Grant Agreement - Exxon Valdez be disbursed. 106 The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and 8/28/1990 8/28/1994 performed, in every respect, to the satisfaction of the herein aforementioned 1990-05 Associated Professional Enterprises KHS Locker Project Borough Mayor, on or before August 28. 1990 from Notice to Proceed. 107 The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and 8/23/1990 8/23/1994 90-07 Brechan Enterprises, Inc. - Selief Lane/Von Scheele Way Seal Coat performed, in every respect, to the satisfaction of the herein aforementioned Project Borough Mayor on or before August 23, 1990. QQ N N O 41 N OD n n, Z °n m 00 bo pru�dcc( s.c. Alaska Board of Fisheries Alaska Department of Fish and Gamc P.O. Box 115526 Juneau, AK 9981 1-5526 Dear Chairwoman Carlson -Van Dort and Board Members, November 26, 2024 The Kodiak Island Borough (KIB) and the City of Kodiak (City) oppose proposals 14, 15, 16 and 17 which would affect the Prince William Sound (PWS) Pelagic Pollock Trawl fishery. If the Board passes these proposals, it could have a substantial negative impact on our residents: vessel owners and crews, processing companies and crew, and support businesses. The Kodiak processors and vessels have participated in the state manages{ PWS pollock fishery since its inception in 1995 and have demonstrated long term dependency on the fishery. This fishery is important to participants and the community since it is one of the first fisheries of the year. Kodiak homeported vessels transit fi•om Kodiak to the Sound every year to execute this fishery. Typically, between 14 to 15 Kodiak vessels participate and the recent ex -vessel value of the fishery (2021 to 2023) is approximately $1 million. The community of Kodiak benefits from both the landed catch and processed catch that occurs within the city of Kodiak. The KIB levies a severance tax of .00925 applied to the ex -vessel fish price, the city levies a sales tax of 7% for all purchases within city limits, and both governments benefit from the State of Alaska Fishery Business Tax. These revenues directly support city and borough services. Thus, not only are the Kodiak processors and harvesting vessels dependent on the PWS pollock fishery, but so is our community. The Alaska Department of Fish and Game (ADF&G) staff report opposes all four of these proposals. Proposals 14 and 16 would close the fishery outright, while proposals 15 and 17 would modify bycatch limits and change monitoring requirements. As the Department points out, they already have emergency order authority to adjust bycatch limits by species within the fishery and have authority to deploy onboard observers. They do not currently have authority to require electronic monitoring, however. In both cases, the Department believes they have effective management authority to support the fishery. The KIB and the City respectfully request that the Board reject proposals 14, 15, 16, and 17. It is an extremely difficult time in the seafood industry and for Alaska's fisher) dependent coastal communities. Our community and fishery participants need a full array of viable fisheries to survive. Sincerely, Page 293 of 298 v v m N Q0 0 N co Regulary Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I Date: ` Recessed: BY: BY:�q I C SECOND: SECOND: Cum BY:7 , 6 SECOND: Reconvened: BY�-I� SECOND: Adjourned: J /�1 BY: SECOND: " 11 � I YES I NO I I YES, I NO I I YES I NO I I YES I NO I I YES I NO Mr. Ames I V I Mr. Ames I ✓, I Mr. Ames w I I )/ I Mr. Ames 0 1 ✓w I Mr. Ames Mr. Griffin I I Mr. Griffin I Mr. Griffin I I I/ I Mr. Griffin I Mr. Griffin I I I� Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley ) Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley 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 I I Mayor Arndt I I I Mayor Arndt I I I Mayor Arndt I I I Mayor Arndt co n v v QQ m N Cn 0 41 N OD Regular I Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I Date: Recessed: Reconvened: Adjourned: BY: SECOND: BY: 0� SECOND: C�CI l BY: \ 1 v vl SECOND: VC BY: S C?, SECOND: DTI BY: SECOND: YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames v Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Johnson Mr. Johnson Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux V Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt V Mr. Sharratt Mr. SmileyAZ r. Smiley Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Whiteside itesid 'WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: 114TOTAL:T I TOTAL: I TOTAL: The mayor may t 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. 1 Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 7 1 00 I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET v cu N 0 h N 00 Regular , Special Convened: Recessed: Reconvened: Date: l r Adjourned: BY: SECOND: BY: SECOND: BY: 6 SECOND: V BY: J SECOND: BY: SECOND: V " � Vv YES NO YES NO YES NO YES NO YES NO Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin r o Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley 0( Mr. Smiley Mr. Smiley Mr. Smiley WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor m not vote except in the case whefe only six members of the as bly are present and there is a Wree/three tie vote of the assembly. Mayor Arndt Mayor ArndtT-7— � Mayor Arndt Mayor Arndt Mayor Arndt co I AGENDA ITEM #18. C. Meeting Type: KODIAK ISLAND BOROUGH Assembly Regular Meeting Date: NOV, 2 I, 207 Please PRINT your name legibly Phone number Page 297 of 298 AGENDA ITEM #18. C. Kodiak Island Borough L_ Assembly Newsletter Vol. FY2025, No. 10 November 22, 2024 At Its Regular Meeting On November 21, 2024, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On December 19, 2024, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accepting And Appropriating Grant Funds For The 2020/2021 Statewide Salmon Disaster VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Location Application From Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) From Current Location Of 211 W Rezanof Drive To 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites AUTHORIZED The Borough Manager To Execute Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commercial Solid Waste Contract With Waste Connections DBA Alaska Waste AUTHORIZED The Borough Manager To Execute Contract No. FY2025-29, Architectural And Engineering Services Contract For Various Capital Improvement Projects With Jensen Yorba Wall, Inc. FAILED TO ADVANCE Ordinance No. FY2025-10 Version 2, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.070 Ordinances To Require Substantive Information Is Provided At The Time Of Filing For A Reconsideration To Public Hearing At The Next Regular Meeting Of The Assembly VOICED PROTEST On License Numbers 2611 and 3293, And DIRECTED The Clerk To Notify The Licensees Of Their Right To Defend Their License Before The Assembly At The Next Regular Meeting Of The Assembly VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License Renewal Application For Blue, Inc., Doing Business As B&B Bar Liquor (License #85) CONFIRMED The Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees As Follows: Architectural Review Board Assembly Member Ryan Sharratt Borough Lands Committee Assembly Member Steve Ames Assembly Member Scott Smiley Emergency Services Council Mayor Scott Arndt Joint Building Code Review Committee Assembly Member Dave Johnson Kodiak College Council Assembly Member Larry Ledoux View our website: www.kodiakak.us Visit our Facebook page: Follow us on www.facebook.com/KodiakislandBoroughC) Twitter: @KodiakBorough Page 298 of 298 AGENDA ITEM #18. C. Kodiak Fisheries Work Group Assembly Member Jared Griffin Assembly Member Bo Whiteside Assembly Member Larry Ledoux (ALTERNATE) Kodiak Fisheries Advisory Committee Assembly Member Bo Whiteside Parks And Recreation Committee Assembly Member Larry Ledoux Providence Health System Service Area Board Assembly Member Dave Johnson School District Budget Advisory Committee Assembly Member Ryan Sharratt School District Facilities Review Committee Assembly Member Steve Ames School District Strategic Planning Committee Assembly Member Steve Ames Solid Waste Advisory Board Assembly Member Dave Johnson Health Facilities Advisory Board Assembly Member Jared Griffin Assembly Member Scott Smiley Assembly Member Larry LeDoux Solid Waste Contract Committee Assembly Member Larry LeDoux Assembly Member Scott Smiley Assembly Member Dave Johnson Alaska Municipal League Director Seat — Borough Assembly Member Ryan Sharratt Alaska Municipal League NACo Representative Mayor Scott Arndt CONFIRMED The Mayoral Appointment Of Ms. Judith Phillips To An At -Large Seat On The Solid Waste Advisory Board For A Term To Expire On December 31, 2025 APPROVED The Candidacy Of Assembly Member Sharratt To The Borough Director Seat And The Candidacy Of Mayor Arndt To The National Association Of Counties (NACo) On The Alaska Municipal League Board Of Directors APPROVED THE CANCELLATION Of The January 2, 2025, Regular Meeting, And AUTHORIZED The Borough Manager To Schedule A Special Meeting As Necessary View our website: www.kodiakak.us Visit our Facebook page: Follow us on www.facebook.com/KodiakislandBorough Twitter: () @KodiakBorough Page 299 of 298