1993-47 Agreement For Collection And Disposal Services Of Garbage And Refuse with Kodiak SanitationRECORDS RETENTION EXTENSION FORM
The Manager and Department Directors can extend the retention period of a record in the records center
and delay the disposal of a record for up to five years if there is a valid administrative purpose.
Aimee Williams
REQUESTED BY: Borough Manager DEPARTMENT: Manager
DATE: 'ZOQQ Z-�-1 LOCATION:
CONTENT SUMMARY:
YEARS REQUESTED:
(Not to exceed 5 years)
5
RECORDS SERIES: CL -09
'� CsIICIfiON Q� I�f{
EXTENSION EXP. DATE: IZ al lib
IDENTIFY THE REQUIRED BOROUGH ADMINISTRATIVE PURPOSE BELOW:
TV\is is needed �vY tke nexf'-1-ime. \,x- eiu atm
R -FP -Fpr So I i d wAqvo, w4(e-s
FILL OUT BELOW FOR ANY SUBSEQUENT REQUESTS
(MUST be approved by the Manager and Clerk)
REQUESTED BY:
DATE:
CONTENT SUMMARY:
YEARS REQUESTED:
(Not to exceed 5 years)
LOCATION:
DEPARTMENT: Select One
RECORDS SERIES:
EXTENSION EXP. DATE:
IDENTIFY THE REQUIRED BOROUGH ADMINISTRATIVE PURPOSE BELOW:
APPROVED BY:
MANAGER
The Records Management Code can be found here.
Rev. 07/25/2024
CLERK
CONTRACT TRANSMITTAL FORM
RETENTION SCHEDULE: CL-09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the borough and
outside parties, successful bids, and proposals. Each department maintains the file while the contract is active.
once inactive, retain procurements for another 4 years and retain contracts, leases, or agreements involving
real property for another 11 years.
DEPARTMENT: Manager's Office
CONTRACT NO.: FY1993-04
CONTRACT TITLE:
CONTACT PERSON: Aimee Williams
Agreement for Collection and Disposal Services of Garbage and Refuse
VENDOR OR SERVICE PROVIDER:
Administrative contracts are contracts approved by the manager within the spending authority allowed by
code. Assembly approved contracts are beyond the manager's spending authority and require approval by
the Assembly during a meeting.
APPROVED BY: MANAGERO ASSEMBLY(F) DATE OF APPROVAL:
TYPE OF CONTRACT: Select Type
EXTENSION OPTIONS: N/A
EXPIRATION DATE
PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs):
OR
PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs):
If there's no expiration date, give the process on how or when this record should be purged or flagged
for review.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR IS A CHANGE ORDER TO A CONTRACT
CATEGORY: Amendment
APPROVED BY: MANAGER
TYPE OF CONTRACT: Select Type
EXTENSION OPTIONS:
EXPIRATION DATE: 9/16/98
ASSEMBLY O DATE OF APPROVAL:
c�ra�essriay.o.Q stwj � Le-S
PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): 12/31/2029
OR
PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs):
If there's no expiration date, give the process on how or when this record should be purged or
flagged for review.
These types of contracts are only done every seven to ten years. They hold valuable lessons
learned. Please extend the destruction date.
\\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23
evN,-Altcr .va. 93-y7
AGREEMENT FOR COLLECTION AND DISPOSAL SERVICES OF
GARBAGE AND REFUSE
KODIAK ISLAND BOROUGH
SEPTEMBER 1993
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
This Agreement is executed this/L -'� day of fep f 1993, by and between the
KODIAK ISLAND BOROUGH (hereinafter referred to as "the Borough") and KODIAK
SANITATION, INC. (hereinafter referred to as "the Contractor").
WHEREAS, the Borough has assumed area -wide powers for the collection and
disposal of garbage and refuse within the Borough and the City of Kodiak boundaries; and
WHEREAS the Borough is authorized to operate a public utility, as defined by AS
42.05.701 (2) (F) for the purpose of furnishing refuse services; and
WHEREAS, the Borough has determined that it is in the best interests of the Borough
and Borough residents to responsibly provide solid waste collection and disposal services;
and
WHEREAS, the Contractor has agreed to collect and dispose of garbage and refuse
under authority of this Agreement,
NOW, THEREFORE, in consideration of Kodiak Sanitation Incorporated option to
renew the agreement between it and the Kodiak Island Borough for refuse collection for a
term of five (5) years, subject to the approval of the Borough Assembly, the Borough and
the Contractor agree as follows:
1. Authority
The Borough is authorized to operate as a public utility as defined by AS 42.05.701 (2) (f)
for the purpose of furnishing refuse services (Certificate of Convenience and Necessity No.
222).
2. Collection Service.
The Contractor shall collect all garbage and refuse placed or deposited for collection by
individuals, residences, commercial businesses, and public agencies located on the regularly -
maintained public road system connected to the City of Kodiak, in accordance with Chapter
8.20 of the Kodiak Island Borough Code. The Contractor shall haul and deliver all collected
garbage and refuse to the Kodiak Island Borough Baler Facility/Landfill.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 2 of 10
3. Term of Agreement.
The term of this Agreement is five (5) years. The Agreement shall commence on January 1,
1994, and shall continue in effect through December 31, 1998 (hereinafter referred to as "the
Termination Date"), unless sooner terminated as provided herein.
4. Frequency of Service.
The Contractor shall collect garbage and refuse no less than once per week during term of
this Agreement, provided, however, that the frequency of service may increase if so
requested or agreed by an individual, residence, business, or public agency. The borough
may also change the frequency of service by ordinance and may prescribe the hours during
which collection shall be made, and the contractor shall comply with all such ordinances and
changes.
S. Rates and Compensation.
(a) The Borough shall establish by resolution the rates which the public shall be charged for
garbage and refuse collection. The Borough reserves the right to change these rates,
provided, however, that if any resolutions, changes in Borough ordinances, or changes to
other laws and regulations result in increased expenses to the Contractor, the payments made
to the Contractor under Paragraph 5(b) shall be increased by an amount equal to the increase
in expenses.
(b) The Borough shall pay the Contractor in accordance with the compensation schedule
attached to this Agreement as Exhibit "A". These rates shall remain in effect during the
term of this Agreement, subject, however, to the provisions of Paragraphs 5(a) and 5 (c).
(c) All rates demanded or received by the Borough for services furnished or to be furnished
shall be just and reasonable (AS 42.05.381). In consideration for any increases in cost of
living for that portion of the term of the Agreement following July 1, 1996, the rates payable
to the Contractor under Paragraph 5(b) shall be increased or decreased effective that date,
through negotiation between the Borough and the Contractor. Any increase incom nsation
to the Contractor will be negotiated only if the Kodiak consumer price index ,
exceeds five percent (5%) for the term prior to July 1, 1996.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 3 of 10
6. Operation and Maintenance of Baler Facility/Landfill.
(a) The Borough shall operate and maintain the Baler Facility/Landfill at all times in a safe
and sanitary manner, in compliance with all applicable borough, State and Federal laws and
regulations. The Borough shall keep the Baler Facility floor and landfill roadways clear of
debris that might damage the tires or body of any of the Contractor's trucks and equipment.
The Borough shall maintain in effect at all times the regulatory permits required for the
operation of the Baler Facility/Landfill.
(b) The Contractor shall deliver all collected garbage and refuse to the Baler
Facility/Landfill. The Contractor shall be provided with access to the Baler Facility before
and during normal operating hours to the Baler Facility, six days a week, Monday through
Saturday. Loads may be tipped by the contractor and left on the Baler Facility floor on
Sunday as deemed necessary and operationally practical to the Borough.
(c) The Contractor shall pay a tip fee based on tonnage of waste delivered to the Landfill.
Tipping fee's will be $28.00 per ton of solid waste brought to the landfill for processing. In
the event the scale is nonoperative for maintenance or other reasons, the Contractor will pay
a tipping fee of $7.00 per cubic yard of carrying capacity. Tipping fees received by the
Borough from the Contractor shall not exceed $240,000 annually unless otherwise agreed
upon by both parties. If the cap of $240,000 is exceeded two years in a row, the Borough
and the Contractor will renegotiate cap.
(d) The Borough shall maintain all access roads which permit the Contractor to gain access to
the Baler Facility/Landfill.
7. Collection of Accounts.
(a) The Borough and the City of Kodiak shall bill monthly, in advance, and shall collect
accounts for residential curb and "carry out" service rendered by the Contractor.
(b) The Borough shall bill monthly and shall collect accounts for dumpster service provided
by the Contractor through the 25th day of the billing month. The Contractor shall provide
the necessary information to bill for dumpster service by submitting to the Borough the
number of tips per dumpster by size of dumpster (for each customer) on the 27th day of each
month for dumpster service provided through the 25th day of that month. Dumpsters placed
within the City limits and used for the collection of solid waste instead of curb service shall
not be billed by the Contractor.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 4 of 10
(c) The Borough shall furnish the Contractor each month with current listings of all
residential curb and "carry out" collection customers. The listings shall be organized in
numerical order by house number and street address. The listings shall include the amount
paid for service at that location during the preceding month.
(d) The Borough may adjust and service bills to customers which are determined to be
incorrect or unfair. However, no bill may be adjusted or reduced if the customers do not put
out garbage and refuse for collection in compliance with Chapter 8.20 of the Borough Code.
& Payments to Contractor.
On or before the 10th day of each month, the Borough shall remit to the Contractor a sum
equal to the amount billed by the City and Borough during the previous month for all
garbage and refuse service, less a fee of two and one-half percent (2.50%) of the amount
billed. The Borough shall pay the Contractor for all dumpster and curb service in
accordance with Exhibit "A". The above fees shall be retained by the Borough as billing and
collection charges.
9. Trucks and Equipment.
All trucks and equipment which are used by the Contractor in the collection, hauling and
disposal of garbage and refuse pursuant to this Agreement shall be maintained in a safe
operating condition and conform with ANSI 2245.1 -75, Safety Requirements for Refuse
Collection and Compactor Equipment and 40 CFR 243, Guidelines for the Storage and
Collection of Residential, Commercial and Institutional Solid Wastes, 1 July 1989 at all
times. The Contractor shall use a fully enclosed garbage load packer or an equivalent
approved by the Borough during the hauling and disposal of garbage and refuse.
Operations and collection equipment shall operate in accordance with Title 13, Chapters 02,
04, 06 and 08 of the Alaska Administrative Code (AAC). All equipment shall be in a safe,
clean, well-maintained condition. Inoperable equipment must be removed within 24 hours of
breakdown.
Refuse containers will be provided by the Contractor. Refuse containers must have lids to
prevent the entry of small animals, rain/snow, wind and large bulky items and the
uncontrolled release of solid waste materials due to wind and animals. Refuse containers
must be designed and maintained in a condition which is convenient for disposing of
appropriate solid waste materials.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page S of 10
10. Recycling and other Collection Provisions.
(a) The Contractor shall cooperate with the Borough's efforts to promote recycling. The
Contractor shall supply equipment and containers as necessary and as agreed by the parties to
recycle aluminum (OBC), old corrugated cardboard (OCC), compostable material, and any
other recyclables. In particular, the Contractor shall work with the Borough to aggressively
formulate and implement an OCC material recovery and collection program. The Contractor
agrees to supply equipment necessary to collect OCC from the community. The Borough
will compensate the Contractor for collection and delivery of OCC to the Baler Facility at the
rate set forth in Exhibit "A".
(b) The Contractor shall collect beds, water heaters, major appliances, and similar bulky
household items. The collection of these items shall occur once each month per household
(except during the months of December, January, February and March). Only households
within the City of Kodiak and on the road system between the Baler Facility and Salonie
Creek are eligible for this service. Households must contact the Contractor to arrange for a
pick up of such bulky items. No charge shall be made for this service other than the charge
for residential service set forth in Exhibit "A."
(c) The Contractor will work with the Borough to enhance current regional solid waste
collection and recycling practices by implementing new regional material collection
programs. The Contractor shall transport other collected recyclable material, separated by
category, to the Baler Facility, provided the Contractor shall have no obligation to separate
the material upon or after delivery to the Baler Facility. Payment for these materials shall be
as providedas set forth in Exhibit "A" or as otherwise agreed between the Borough and the
Contractor. The Borough and the Contractor will also continually evaluate service zones in
order to provide the most beneficial and efficient solid waste collection service and
equipment to the community. Payment for additional equipment needed to implement
additional recycling activities other than OCC shall be as provided as presented in sections
7(a), (b) and (c) or as otherwise agreed upon between the Borough and the Contractor.
(d) This agreement shall not be construed to require the Contractor to collect or dispose of
sludge or other residue produced by the City of Kodiak Treatment Plant, nor shall this
Agreement be construed to require the Contractor to provide any material, equipment, or
services at the Baler Facility/Landfill for disposal of such sludge or residue.
(e) The Contractor shall not knowingly collect, transport, or deliver to the Baler
Facility/Landfill any toxic waste or any materials classified as hazardous by local, State or
Federal environmental agencies. The Borough may refuse to accept loads which contain
hazardous materials brought to the baler facility for disposal. The Borough will work with
the Contractor to remedy hazardous materials not knowingly delivered to the Baler Facility
by the Contractor.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 6 of 10
11. Liability Insurance.
The Contractor shall, at its own expense, acquire and maintain during the term of this
Agreement, policy or policies of comprehensive public liability insurance to insure the
Contractor against claims for death, injuries or damages caused by or resulting from the
Contractor's performance under this Agreement, or the collection, hauling and disposal of
garbage and refuse by the Contractor. The minimum liability limits of the required policy or
policies shall be not less than Five Hundred Thousand and No/100th Dollars ($500,000.00)
for bodily injury or death to any one person; not less than five Hundred Thousand and
No/100th Dollars ($500,000.00) for bodily injury or death for each occurrence; and not less
than One Hundred Thousand and No/100th Dollars ($100,000.00) against claims for property
damage. The policy or policies shall name the Borough as an additional named insured. The
Contractor shall provide the Borough with current certificates of insurance.
12. Mutual Indemniflcation.
Each party to this Agreement shall indemnify and hold harmless the other party from and
and
against all claims, demands, payments, causes of action, settlements, suits, judgements,
monetary losses of any nature whatsoever (hereinafter collectively referred to as "claims"),
including costs and attorney's fees incurred in the prosecution or defense of the claims, for
the death or injuries to persons or for loss of or damage to property arising out of or in
connection with the indemnitor's performance under this Agreement. For purposes of this
paragraph, the Contractor's performance shall include the collection, hauling and disposal of
garbage and refuse and the collection and delivery of recyclable materials in accordance with
the terms of this Agreement. The Borough's performance shall include the operation of the
Baler Facility/Landfill, the maintenance of all access roads and roadways, all other aspects of
the recycling program, and the billing by the City and the Borough for garbage and refuse
service. The provisions of this paragraph do not apply to the claims which arise from or are
based upon the sole negligence or willful misconduct of the indemnitee.
13. Records.
Each party shall keep and maintain adequate records of all billings, collections, services, and
related items relevant to performance and payments under this Agreement, and shall make
those records available to the other party upon request during normal business hours.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 7 of 10
14. Obligations of Contractor.
The Contractor shall exercise reasonable care and diligence in the exercise of its duties and
shall repair or replace any privately --owned containers which are damaged or destroyed as a
result of negligence by the Contractor, its employees, or agents. After removal of garbage,
all garbage containers shall be returned to the location where they were placed for collection.
The Contractor agrees to pick up loose garbage immediately adjacent to each "public"
dumpster twice weekly. Notwithstanding the above, the Contractor shall be under no
obligation to pick up garbage containers which are inaccessible due to ice, snow, or other
obstacles to accessibility.
15. Assignment.
This Agreement provides for a unique quality of service to be performed by the Contractor
and is therefore not assignable. No party may transfer or assign any of that party's rights,
duties, or obligations under this Agreement without the prior written consent of the other
party.
16. Nonperformance.
(a) If the Borough is required to perform any of the duties of the Contractor herein set forth,
because of the material nonperformance or default of the Contractor, the Contractor shall
reimburse the Borough for all costs and expenses incurred by the Borough, in excess of
revenues received, for labor, materials, equipment used and administrative costs and
overhead, which are reasonable necessary for the performance of the garbage and refuse
service by the Borough.
(b) If the Contractor shall fail to materially perform any of the services required by this
Agreement, or otherwise commit any act of default, then the Borough shall give the
Contractor notice in writing of such failure of performance or default, and if the Contractor
shall fail to cure such failure or default within thirty (30) days after the date or receipt of
such notice, then the Borough may, at its option, terminate this Agreement by providing
written notice of such intent to terminate one hundred twenty (120) days before said
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 8 of 10
termination is effective. Likewise, if the Borough shall fail to materially carry out any of its
obligations as set forth in this Agreement or otherwise commit any act of default, then the
Contractor shall give the borough notice in writing of such default within thirty (30) days
after the receipt of such notice, then the contractor may, at its option, terminate this
Agreement by providing written of such intent to terminate one hundred twenty (120) days
before said termination is effective. In the event of termination by notice, all payment and
service obligations between the parties shall be adjusted as necessary to reflect the
termination date.
(c) If the Agreement is terminated by the Contractor before the Termination Date for cause
under Paragraph 16(b), the Borough shall have the option to purchase all garbage and refuse
collection and disposal equipment owned by the Contractor as of the date of termination,
including trucks, vehicles, dumpsters, and all other solid waste collection and disposal
equipment then owned by the Contractor. This option may be exercised by providing written
notice from the Borough to the Contractor within 30 days after the date of receipt of a notice
of termination by the Borough or the Contractor. The purchase price shall be set at the fair
market value of the equipment as of the date of termination, as determined by independent
appraisal. The Borough and the Contractor shall jointly select the appraiser who will then
appraise the value of the equipment. All appraisal costs shall be borne by the Borough. All
document preparation costs and closing costs associated with the purchase shall be divided
equally between the Borough and the Contractor. The purchase under this subparagraph
shall be in consideration for the terms of this Agreement.
(d) The remedies provided by this paragraph shall not be exclusive, and shall be in addition
to any other remedy available to the parties at law or in equity.
17. Waiver.
The failure by either party to insist upon strict performance of any term or condition of this
Agreement shall not constitute a waiver of any breach or any applicable term or condition of
the Agreement. A waiver of any default shall not affect or alter any term or condition of this
Agreement, and said term or condition shall continue in full force and effect with respect to
any other or subsequent default.
KODIAK ISLAND BOROUGH
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
Page 9 of 10
18. Notice.
All notices or payments to be made under this Agreement shall be effectively made if
delivered or sent by certified or registered mail to the parties at the following addresses: If
to the Borough: 710 Mill Bay Road Kodiak, Alaska 99615-6340 Attn: Jerome Selby. If to
Kodiak Sanitation: P.O. Box 449 Kodiak, Alaska 99615-0449 Attn: William Bulen Each
party agrees to promptly notify the other party in writing of any change in address.
19. Paragraph Headings.
The choice of paragraph headings in this Agreement is for convenience only and shall not
vary or modify the substance of the Agreement.
20. Covenant of Authority.
Each party to this Agreement covenants and agrees that the person signing this Agreement on
behalf of said property has full authority and is legally empowered to so sign.
21. Choice of Law - Venue.
This Agreement shall be governed by the laws of the State of Alaska. Any action or
proceeding under this Agreement shall be brought in the Third Judicial District of the State
of Alaska.
KODIAK ISLAND BOROUGH
r
By:
Jerome Selby, Borough Mayor
KODIAK SANITATION, INC.
William Bulen, Secretary -Treasurer
ATTEST a A-� Borough Clerk
I
Exhibit A
Contractor Compensation Schedule
Page 10 of 10
Dumpster
2.0
2.6
Capacity,
cubic yds
Compensation
12.50
16.1
, $per tip
r
mEn
t
ComDum
3.0 13.3 13.6
) 118.30 120.00 121.60
4.4 15.0 15.5 16.0
- - - 127.20 128.30 130.30
Is-tt tt tt tt=tt tt
- I --- I --- 129.25 131.50 I --- I --- I ---
Construction or Commercial debris from a covered truck
or trailer of greater than one cubic yard capacity:
Garbage Truck:
Commercial Can Service (one p/u per week:
Home Business
Cam out
Compensation Rate to Contractor for Old Corrugated
Cardboard (OCC), delivered to Kodiak Island Borough
Baler Facility
file: c: \wp\ret\ksagree5 . k ib
$28.00 per ton
$28.00 per ton
$16.25/month
$20.00/month
$13.00/month
$20.00/ton
doPr,2ncr AM. -F3-,/7
AMENDMENT NO. 1
TO AGREEMENT FOR
COLLECTION AND DISPOSAL SERVICES OF GARBAGE AND REFUSE
BETWEEN
KODIAK ISLAND BOROUGH
AND
KODIAK SANITATION, INC.
MARCH 1997
AMENDMENT NO. 1
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
This Amendment is executed this day of 4 6/2 /L- 1997, by and
between the KODIAK ISLAND BOROUGH (hereinafter referred to as "the Borough")
and Kodiak Sanitation, Inc., (hereinafter referred to as "the Contractor")
WHEREAS, the Borough and the Contractor entered into an Agreement, dated
September 16, 1993 (hereinafter referred to as the `original Agreement"); and
WHEREAS, the original Agreement provided for the Borough and the Contractor to
renegotiate the cap on the tipping fee paid by the Contractor because the cap was
exceeded two years in a row; and
WHEREAS, the original Agreement provided for the Borough and the Contractor to
renegotiate the cost of living because the cost of living exceeded five percent (5%) for the
term prior to July 1, 1996,
NOW, THEREFORE, in consideration of the option of both parties to renegotiate these
aspects of the Agreement, the Borough and the Contractor agree as follows:
1. The Contractor shall receive a six percent (6%) increase on its revenue from the
Borough, exclusive of the tipping fee. The additional amount paid to the Contractor by
the Borough will be calculated by subtracting the tipping fee paid by the Contractor from
the total collection fees paid to the Contractor each month and then multiplying this
difference by six percent (6%).
2. The cap of $240,000 on the tipping fee paid by the Contractor shall be removed.
The tipping fee will be paid on the basis of all waste delivered to the landfill for
processing. There will be no increase in the rates charged for the tipping fee.
KODIAK ISLAND BOROUGH
By:
Jerome lby,
Borough Mayor
ATTEST:
6D JByVyrt keYyl[t emo
Borough Clerk
KODIAK SANITATION, INC.
%i/'R/cf/y 47
—
William . Bulen,
Secretary -Treasurer
�g1.Af:®e�R
0
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—ft..00-S
%NOXA * *10
Contract No. AC -89-1
AGREEMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE
This Agreement is executed this 7 21day of
'�s K��., 1989, by and between the KODIAK ISLAND BOROUGH
(hereinafter referred to as "the Borough") and KODIAK SANITATION,
INC. (hereinafter referred to as "the Contractor").
WHEREAS, the Borough has assumed area -wide powers for
the collection and disposal of garbage and refuse within the
Borough and the City of Kodiak boundaries; and
WHEREAS, the Borough has determined that it is in the
best interests of the Borough and Borough residents to contract
with a single private firm for said collection and disposal
services; and
WHEREAS, the Contractor has agreed to collect and
dispose of garbage and refuse under authority of this Agreement,
NOW, THEREFORE, in consideration for the following
mutual covenants, and for other good and valuable consideration,
the Borough and the Contractor agree as follows:
1. Transfer of Alaska Public Utilities Commission
Certificate. Upon execution of this Agreement, the Borough and
the Contractor shall jointly initiate a proceeding under Alaska
Statute 42.05.281 for the transfer of Alaska Public Utilities
Commission Certificate No. 222 from the Contractor to the
Borough. This Agreement and the obligations of the parties
described herein are contingent upon approval by the Alaska
Public Utilities Commission of the transfer of Certificate No.
1
222. The terms of this Agreement are in consideration for the
Contractor's transfer of Certificate No. 222 to the Borough.
2. Collection Service. The Contractor shall collect
all garbage and refuse placed or deposited for collection by
individuals, residences, commercial businesses, and public
agencies located on the regularly -maintained public road system
connected to the City of Kodiak, in accordance with Chapter 8.20
of the Kodiak Island Borough Code. The Contractor shall haul and
deliver all collected garbage and refuse to the Kodiak Island
Borough Baler Facility/Landfill.
3. Term of Agreement. The term of this Agreement is
four (4) years and three hundred thirty-four (334) days. The
Agreement shall commence on January 24, 1989, and shall continue
in effective through December 31, 1993 (hereinafter referred to
as "the Termination Date"), unless sooner terminated as provided
herein. The Contractor may exercise an option to renew the
Agreement for five (5) years, subject to approval by the Borough
Assembly. Approval of the option to renew may be granted or
denied in the subjective discretion of the Assembly. Notice of
the request to exercise the option must be delivered to and
received by the Borough no later than the close of business on
June 30, 1993.
4. Freguencv of Service. The Contractor shall
collect garbage and refuse no less than once per week during the
term of this Agreement, provided, however, that the frequency of
service may increase if so requested or agreed by an individual,
2
residence, business, or public agency. The Borough may also
change the frequency of service by ordinance and may prescribe
the hours during which collection shall be made, and the
Contractor shall comply with all such ordinances and changes.
5. Rates.
(a) The Borough shall establish by resolution the
rates which the public shall be charged for garbage and refuse
collection. The Borough reserves the right to change these
rates, provided, however, that if any resolutions, changes in
Borough ordinances, or changes to other laws and regulations
result in increased expenses to the Contractor, the payments made
to the Contractor under Paragraph 5(b) shall be increased by an
amount equal to the increase in expenses.
(b) The Borough shall pay the Contractor in
accordance with the rate schedule attached to this Agreement as
Exhibit "A." These rates shall remain in effect during the term
of this Agreement, subject, however, to the provisions of
Paragraphs 5(a) and 5(c).
(c) For that portion of the term of the Agreement
following July 1, 1991, the rates payable to the Contractor under
Paragraph 5(b) shall be increased or decreased effective that
date, in proportion to the change (if any) in the Consumer Price
Index for all urban consumers ("CPI -U") for the United States
city average, for "All Items," published by the Bureau of Labor
Statistics, U.S. Department of Labor, or the change (if any) in
any Kodiak area Consumer Price Index ("CPI -K") published by the
3
University of Alaska Agricultural Extension Service. The rates
shall be increased or decreased by the percentage change (if any)
in the CPI -U, or the percentage change (if any) in the CPI -K,
whichever percentage change is the lowest, between the
commencement of this Agreement and July 1, 1991. All rate
changes and percentage changes shall be computed in relation to
the rates specified under Paragraph 5(b); to the officially -
published CPI -U and CPI -K figures for the last full month (or
last full reporting period, if monthly figures are not published)
preceding the commencement of this Agreement; and to the CPI -U
and CPI -K figures for the last full month (or last full reporting
period, if monthly figures are not published) preceding July 1,
1991. If publication of the CPI -U or CPI -K is discontinued,
varied, modified, or altered, the parties shall thereafter accept
comparable figures on the cost of living, as they shall be
computed and published by any other successor or substitute index
appropriately adjusted.
6. Operation and Maintenance of Baler
Facility/Landfill.
(a) The Borough shall provide a garbage and
refuse disposal site which shall be known as the Kodiak Island
Borough Baler Facility/Landfill. The Borough shall operate and
maintain the Baler Facility/Landfill at all times in a safe and
sanitary manner, in compliance with all applicable Borough, State
and Federal laws and regulations. The Borough shall keep the
Baler Facility floor and landfill roadways clear of debris that
4
might damage the tires or body of any of the Contractor's trucks
and equipment. The Borough shall maintain in effect at all times
the regulatory permits required for the operation of the Baler
Facility/Landfill.
(b) The Contractor shall deliver all collected
garbage and refuse to the Baler Facility/Landfill. The
Contractor shall be provided with access to the Baler Facility
before and during normal operating hours of the Facility, six
days a week, Monday through Saturday. One load may be tipped and
left on the Baler Facility floor on Sunday as deemed necessary by
the Contractor.
(c) The Contractor shall pay a tip fee to the
Borough of $4.00 per cubic yard. All trucks shall be charged a
tip fee based on full loads, even when the truck is only carrying
a partial load. The Contractor acknowledges that the Borough may
install a scale and charge a tip fee on a tonnage basis. Should
a scale be installed, the tip fee per ton will be negotiated at
that time between the Borough and the Contractor.
(d) The Borough shall maintain all access roads
which permit the Contractor to gain access to the Baler
Facility/Landfill.
7. Collection of Accounts.
(a) The Borough and the City of Kodiak shall bill
monthly, in advance, and shall collect accounts for residential
curb and ~carry out~ service rendered by the Contractor.
5
(b) The Borough shall bill monthly and shall
collect accounts for dumpster service provided by the Contractor
through the 25th day of the billing month. The Contractor shall
provide the necessary information to bill for dumpster service.
The Contractor shall submit to the Borough the number of tips per
dumpster by size of dumpster (for each customer) on the 27th day
of each month for dumpster service provided through the 25th day
of that month.
(c) The Borough shall furnish the Contractor each
month with current listings of all residential curb and ncarry
out" collection customers. The listings shall be organized in
numerical order by house number and street address. The listings
shall include the amount paid for service at that location during
the preceding month.
(d) The Borough shall furnish the Contractor each
month with current listings of houses on vacation status, for
which garbage and refuse service need not be provided. The
listings shall be organized in numerical order by house number
and street address. The Borough shall notify the Contractor when
the vacation status has stopped and when garbage and refuse
service may resume. Notwithstanding the above, the Borough shall
not allow vacation status and the suspension of garbage and
refuse service if that status will be less than three (3)
consecutive months.
(e) The Borough may adjust any service bills to
customers which are determined to be incorrect or unfair.
0
However, no bill may be adjusted or reduced if the customers do
not put out garbage and refuse for collection in compliance with
Chapter 8.20 of the Borough Code.
8. Payments to Contractor. On or before the 10th day
of each month, the Borough shall remit to the Contractor a sum
equal to the amount billed by the City and Borough during the
previous month for all garbage and refuse service, less a fee
equal to two and one-half percent (2.5%) of the amount billed.
The Borough shall pay the Contractor for dumpster service in
accordance with Exhibit NA,N less the two and one-half percent
(2.5%) billing fee. The above fees shall be retained by the
Borough as billing and collection charges.
9. Trucks and Eauinment. All trucks and equipment
which are used by the Contractor in the collection, hauling and
disposal of garbage and refuse pursuant to this Agreement shall
be maintained in a safe operating condition at all times. The
Contractor shall use a fully enclosed garbage load packer or an
equivalent approved by the Borough during the hauling and
disposal of garbage and refuse.
10. Miscellaneous Collection Provisions.
(a) The Contractor shall cooperate with the
Borough in Borough efforts to establish a recycling program. The
Contractor shall supply dumpsters as necessary and as agreed by
the parties to recycle aluminum, cardboard, compost material, and
any other recyclable material. The Contractor shall transport
all collected recyclable material, separated by category, to the
7
Baler Facility/Landfill, provided, however, that the Contractor
shall have no obligation to separate the material upon or after
delivery to the Baler Facility/Landfill. Payment under this
subparagraph shall be for dumpster service as provided in Exhibit
"A ii
(b) The Contractor shall collect beds, water
heaters, major appliances, and similar bulky household items put
out for collection as part of the curb residential service. The
collection of these items shall occur once each month (except for
the months of December, January, February, and March) on a date
advertised well in advance by the Borough. No charge shall be
made for this service other than the charge for residential
service set forth in Exhibit "A."
(c) The Contractor shall cooperate with the
Borough in Borough efforts to restructure residential service
within the City of Kodiak boundaries. The Borough is developing
zones whereby curb service would be replaced with dumpster
service within those zones. The Contractor shall make additional
dumpsters available as necessary to achieve this goal. Payment
for the additional dumpsters shall be as provided in Exhibit "A."
Until the change in service occurs, the Contractor shall leave
the "public" dumpsters in place within the City of Kodiak at no
charge to the Borough, provided that those dumpsters do not
become a public nuisance.
(d) This Agreement shall not be construed to
require the Contractor to collect or dispose of sludge or other
0
residue produced by the City of Kodiak Treatment Plant, nor shall
this Agreement be construed to require the Contractor to provide
any material, equipment, or services at the Baler
Facility/Landfill for disposal of such sludge or residue.
(e) The Contractor shall not knowingly collect,
transport, or deliver to the Baler Facility/Landfill any toxic
waste or any materials classified as hazardous by State or
Federal environmental agencies.
11. Liability Insurance. The Contractor shall, at its
own expense, acquire and maintain during the term of this
Agreement, a policy or policies of comprehensive public liability
insurance to insure the Contractor against claims for death,
injuries or damages caused by or resulting from the Contractor's
performance under this Agreement, or the collection, hauling and
disposal of garbage and refuse by the Contractor. The minimum
liability limits of the required policy or policies shall be not
less than Five Hundred Thousand and No/100th Dollars
($500,000.00) for bodily injury or death to any one person; not
less than Five Hundred Thousand and No/100th Dollars
($500,000.00) for bodily injury or death for each occurrence; and
not less than One Hundred Thousand and No/100th Dollars
($100,000.00) against claims for property damage. The policy or
policies shall name the Borough as an additional named insured.
The Contractor shall provide the Borough with current
certificates of insurance.
E
12. Mutual Indemnification. Each party to this
Agreement shall indemnify and hold harmless the other party from
and against all claims, demands, payments, causes of action,
settlements, suits, judgments, and monetary losses of any nature
whatsoever (hereinafter collectively referred to as "claims„),
including costs and attorney's fees incurred in the prosecution
or defense of the claims, for the death or injuries to persons or
for loss of or damage to property arising out of or in connection
with the indemnitor's performance under this Agreement. For
purposes of this paragraph, the Contractor's performance shall
include the collection, hauling and disposal of garbage and
refuse and the collection and delivery of recyclable materials in
accordance with the terms of this Agreement. The Borough's
performance shall include the operation of the Baler
Facility/Landfill, the maintenance of all access roads and
roadways, all other aspects of the recycling program, and the
billing by the City and the Borough for garbage and refuse
service. The provisions of this paragraph do not apply to claims
which arise from or are based upon the sole negligence or willful
misconduct of the indemnitee.
13. Records. Each party shall keep and maintain
adequate records of all billings, collections, services, and
related items relevant to performance and payments under this
Agreement, and shall make those records available to the other
party upon request during normal business hours.
10
14. obligations of Contractor. The Contractor shall
exercise reasonable care and diligence in the exercise of its
duties and shall repair or replace any privately -owned containers
which are damaged or destroyed as a result of negligence by the
Contractor, its employees, or agents. After removal of garbage,
all garbage containers shall be returned to the location where
they were placed for collection. The Contractor agrees to pick
up loose garbage immediately adjacent to each „public^ dumpster
twice weekly. Notwithstanding the above, the Contractor shall be
under no obligation to pick upegarbage containers which are
inaccessible due to ice, snow, or other obstacles to
accessibility.
15. Assignment. This Agreement provides for a unique
quality of service to be performed by the Contractor and is
therefore not assignable. No party may transfer or assign any of
that party's rights, duties, or obligations under this Agreement
without the prior written consent of the other party.
16. Nonperformance.
(a) If the Borough is required to perform any of
the duties of the Contractor herein set forth, because of the
material nonperformance or default of the Contractor, the
Contractor shall reimburse the Borough for all costs and expenses
incurred by the Borough, in excess of revenues received, for
labor, materials, equipment used, and administrative costs and
overhead, which are reasonably necessary for the performance of
the garbage and refuse service by the Borough.
11
(b) If the Contractor shall fail to materially
perform any of the services required by this Agreement, or
otherwise commit any act of default, then the Borough shall give
the Contractor notice in writing of such failure of performance
or default, and if the Contractor shall fail to cure such failure
or default within thirty (30) days after the date of receipt of
such notice, then the Borough may, at its option, terminate this
Agreement by providing written notice of such intent to terminate
one hundred twenty (120) days before said termination is
effective. Likewise, if the Borough shall fail to materially
carry out any of its obligations as set forth in this Agreement
or otherwise commit any act of default, then the Contractor shall
give the Borough notice in writing of such default, and if the
Borough shall fail to cure such failure of performance or default
within thirty (30) days after the receipt of such notice, then
the Contractor may, at its option, terminate this Agreement by
providing written notice of such intent to terminate one hundred
twenty (120) days before said termination is effective. In the
event of termination by notice, all payment and service
obligations between the parties shall be adjusted as necessary to
reflect the termination date.
(c) If this Agreement is terminated before the
Termination Date provided in Paragraph 3, for any reason
(including early termination under Paragraph 16(b)), the Borough
shall pay the Contractor a lump sum amount equal to Two Thousand
and No/100th Dollars ($2,000.00) per month times the remaining
12
months during which this Agreement would otherwise be in effect.
If the Agreement is terminated during a calendar month, the
payment for that month shall be adjusted in the same proportion
that the remaining days of that month bear to the total days in
the month. The payment under this subparagraph shall be in
consideration for the terms of this Agreement and the
Contractor's transfer of Certificate No. 222 to the Borough, and
shall not be considered liquidated damages or any other damages
arising from the termination. The payment under this
subparagraph shall not preclude or limit any remedy available to
either party as a result of the termination, whether under law or
in equity.
(d) If this Agreement is terminated by the
Borough before the Termination Date for any reason, or if the
Agreement is terminated by the Contractor before the Termination
Date for cause under Paragraph 16(b), the Borough shall purchase
all garbage and refuse collection and disposal equipment owned by
the Contractor as of the date of termination, including trucks,
vehicles, dumpsters, and all other solid waste collection and
disposal equipment then owned by the Contractor. The purchase
price shall be set at the fair market value of the equipment as
of the date of termination, as determined by independent
appraisal. The Borough and the Contractor shall jointly select
the appraiser who will then appraise the value of the equipment.
All appraisal costs shall be borne by the Borough. All document
preparation costs and closing costs associated with the purchase
13
shall be divided equally between the Borough and the Contractor.
The purchase under this subparagraph shall be in consideration
for the terms of this Agreement and the Contractor's transfer of
Certificate No. 222 to the Borough.
(e) The remedies provided by this paragraph shall
not be exclusive, and shall be in addition to any other remedy
available to the parties at law or in equity.
17. Waiver. The failure by either party to insist
upon strict performance of any term or condition of this
Agreement shall not constitute a waiver of any breach or any
applicable term or condition of the Agreement. A waiver of any
default shall not affect or alter any term or condition of this
Agreement, and said term or condition shall continue in full
force and effect with respect to any other or subsequent default.
18. Notice. All notices or payments to be made under
this Agreement shall be effectively made if delivered or sent by
certified or registered mail to the parties at the following
addresses:
If to the Borough:
710 Mill Bay Road
Kodiak, Alaska 99615-6340
Attn: Jerome Selby
If to Kodiak Sanitation:
P. O. Box 449
Kodiak, Alaska 99615-0449
Attn: William Bulen
Each party agrees to promptly notify the other party in writing
of any change in address.
14
ig. Paragraph Headings. The choice of paragraph
headings in this Agreement is for convenience only and shall not
vary or modify the substance of the Agreement.
20. Covenant of Authority. Each party to this
Agreement covenants and agrees that the person signing this
Agreement on behalf of said party has full authority and is
legally empowered to so sign.
21. Choice of Law - Venue. This Agreement shall be
governed by the laws of the State of Alaska. Any action or
proceeding under this Agreement shall be brought in the Third
Judicial District of the State of Alaska.
KODIAK ISLAND BOROUGH
ATTEST:
B rough` k
15
BY:--
Jer me Selby _
Borough Mayor
KODIAK SANITATION, INC.
By:
Vrit1liam Bule
Vice President
APPENDIX A
Schedule of Solid Waste Collection Rates
Weekly Services Monthly Chamu
Residential Door to Door. . . . . . . . . . . $ 14.00
A Senior Citizen residence is charged at 758 of the above fees.
COMMERCIAL AND RESIDENTIAL D1KPSTER SERVICE
FFR PER MONTH
Number of Pick Ups
Per Week
7_.6 cu._vds. 3.0c=._yds. 3.3 cu vds. 3,6 cu.vds.
1 $ 45.00 $ 58.00 $ 66.00 S 72.00 $ 78.00
2 90.00 116.00 130.00 143.00 153.00
3 135.00 172.00 195.00 214.00 230.00
4 171.00 221.00 250.00 274.00 294.00
5 212.00 273.00 308.00 338.00 362.00
6 251.00 324.00 367.00 401.00 430.00
7 313.00 401.00 455.00 499.00 535.00
Monthly $ 16.00 $ 16.00 $ 16.00 $ 16.00 $ 16.00
i
Rental
5 cu. vds, 5 cu. vda. 6 cu- vds.
i
ii1 $ 98.00 $102.00 $109.00
2 194.00 203.00 235.00
3 290.00 305.00 323.00
4 370.00 389.00 412.00
5 457.00 479.00 510.00
6 543.00 568.00 604.00
�I7 675.00 709.00 752.00
Monthly $ 21.00 $ 21.00 $ 21.00
� Rental
Commercial can 1 pickup/week 16.25/month
2 pickup/week 30.63/month
Q Home Business 20.00/month
�79�7 The charge for commercial dumpster service for non -compactible materials is
OI one and one-half times the standard rate.
The charge for residential carry -out service is $10.00 in addition to the
charge for regular residential service.
i U
i
AGREEMENT FOR EXTENSION OF GARBAGE COLLECTION CONTRACT
THIS AGREEMENT is executed this 1 3 day of December, 1988, by and between
the Kodiak Island Borough and Kodiak Sanitation, Inc.
WHEREAS, an agreement was executed on December 24, 1986, between the Kodiak
Island Borough and Kodiak Sanitation, Inc., providing for the collection and
transportation of garbage for a period of two years; and
WHEREAS, the parties are presently negotiating a new agreement which has
:not yet been completed for execution.
!! NOW THEREFORE, the Kodiak Island Borough and Kodiak Sanitation, Inc. agree'
:that their agreement of December 24, 1986 providing for the collection and
(transportation of garbage shall be extended for a period of one month until
January 24, 1989. All of the remaining covenants, conditions, and agreements
'I contained in the parties' agreement of December 24, 1986 shall remain the same.
ATTEST:
B ough C c
KODIAK ISLAND BOROUGH
By: U �-
JE 4E M. SELBY, Boroug 'Ea r
KODIAK SANITATION, INC.
By: LW -A.1 — /'; - -
WILLIAM BULEN, Vice President