2014-06-19 Regular Meeting Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, June 19, 2014, 7:30 p.m., Assembly Chambers
Page
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine and non-
controversial by the Assembly and will be approved by one motion.
There will be no separate discussion of these items unless an Assembly
member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
5. APPROVAL OF MINUTES
6. AWARDS AND PRESENTATIONS
4 A. Filipino American Heritage Month Proclamation
FilAmer 2014.pdf
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General
Comments
8. COMMITTEE REPORTS
9. PUBLIC HEARING
5 - 10 A. Ordinance No. FY2014-01D Amending Ordinance No. FY2014-
01 Fiscal Year 2014 Budget by Amending Budgets to Account for
Various Revenues That are Over Budget, Provide for Additional
Expenditures and Move Funds Between Projects.
Ordinance No. FY2014-01D Amending FY2014 Budget - Pdf
10. BOROUGH MANAGER'S REPORT
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 214
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
13. NEW BUSINESS
13.A. Contracts
11 - 15 1. Contract No. FY2014-31 Chiniak School Oil Tank
Replacement Project.
Contract No. FY2014-31 Chiniak School Oil Tank
Replacement - Pdf
16 - 20 2. Contract No. FY2014-36 Panamaroff Park Playground
Equipment Procurement.
Contract No. FY2014-36 Panamaroff Park Playground -
Pdf
21 - 92 3. Contract No. FY2014-37 Collective Bargaining Agreement
With the International Brotherhood of Electrical Workers,
Local 1547.
Contract No. FY2014-37 Collective Bargaining Agreement
With IBEW - Pdf
93 - 121 4. Contract No. FY2015-02 Banking Services for the Kodiak
Island Borough.
Contract No. FY2015-02 Bank RFP - Pdf
122 - 161 5. Contract No. FY2015-03 Non-Union Employee
Participation in Alaska Electrical Health and Welfare Fund.
Contract No. FY2015-03 Non-Union Employee Health
Insurance - Pdf
13.B. Resolutions
162 - 167 1 . Resolution No. FY2014-32 Approving Fiscal Year 2015
Kodiak Island Borough Non-Profit Funding.
Resolution No. FY2014-32 and NonProfit Subcomittee
Memo - Pdf
168 - 169 2. `Resolution No. FY2015-03 Participation in the AMLJIA
Loss Control Incentive Program.
Resolution No. FY2015-03 AMLJIA LCIP - Pdf
13.C. Ordinances for Introduction
170 - 177 1. Ordinance No. FY2014-19 Requesting the Inclusion of the
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 214
Newly Constructed Residence Located at Lot 8, Block 1,
Lakeside Subdivision First Addition and the Residence
Located at Lot 7, Block 2, Akhiok Townsite in the Existing
Payment in Lieu of Tax (PILT) Agreement with Kodiak
Island Housing Authority.
Ordinance No. FY2014-19 KIHA PILT - Pdf
178 - 181 2. Ordinance No. FY2014-20 Amending Title 2 Administration
and Personnel Chapter 2.30 Rules of the Assembly
Section 2.30.080 Decorum in Debate Section 2.30.090
Citizens' Rights.
Ordinance No. FY2014-20 Decorum in Debate - Pdf
13.D. Other Items
182 - 205 1 . `Assembly Approval of the Vacation of Private Access and
Utility Easements on Lot 13F-1 and the Vacation of a 10'
Private Sewer Easement on Lot 13B-1 , United States
Survey 3100.
Vacation of Access and Easement - Pdf
206 - 208 2. *Declaring a Seat on the Parks and Recreation Committee
Vacant (Jeff Huntley).
Declaration of Vacancy on Parks and Recreation
Committee - Pdf
14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
15. ASSEMBLY MEMBERS' COMMENTS
16. ADJOURNMENT
17. INFORMATIONAL MATERIALS (No Action Required)
209 - 211 A. Minutes of Other Meetings
Service Area No. 1 Board Regular Meeting Minutes of April 28,
2014.pdf
B. Reports
212 - 214 C. Kodiak Island Borough School District Special Meeting Summary
of May 2, 2014 and Regular Meeting Summary of May 19, 2014.
Board of Education Meeting Summaries.pdf
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing
Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 3 of 214
AGENDA ITEM #6.A.
€Yee af the 1'
1 CliCe&k QS3Md cS&raugh, Alaska
4,.,,,,,„ rottamation, ,.... ...
DECLARING FILIPINO AMERICAN HERITAGE MONTH IN KODIAK
��. WHEREAS, the Kodiak Island Borough is made up of a wonderful mosaic of culturally diverse •,
1 people; and �1.
WHEREAS, Filipino Americans make vital contributions to the economic, social, political, and
cultural quality of li& in the community;and �''
WHEREAS, June 12, 2014, marks the 116th anniversary of the declaration of Philippine .k.
independence; and ,
_jjj�1' WHEREAS, this momentous occasion provides an opportunity for all Filipino Americans to sill are
their cultural heritage with people of all races,ethnicities,and nationalities;and
s�. WHEREAS, this muateutous occasion is essential so that Filipino idle trans can contuute to =
rt cut the shared t alues and manifest our ,joys in hart esthtg-the fiauts of such values,and
V
1 NOW, THEREFORE, I,Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim 7
J the month ofJune 4014,as:
Filipino American Heritage Month kb, v°
in Kodiak and urge all citizens to participate in the festivities celebrating the rich heritage tin(' jjj
�! aaditions of the Philippine Islands. -1
t
c";/1 1 itzw-c whom(0 hare hnrwz/a Sc!my
Ot3 old foul Lyons tlrzr seal to Iv allinz, i
V.
L V
1 0
I
Page 4 of 214
Filipino American Heritage Month Proclamation
AGENDA ITEM #9.A.
KODIAK ISLAND BOROUGH
" AGENDA STATEMENT
rY �wp° `3'�' JUNE 19, 2014
"4-ti ASSEMBLY REGULAR MEETING
TITLE: Ordinance No. FY2014-01 D Amending Ordinance No. FY2014-01 Fiscal Year
2014 Budget by Amending Budgets to Account for Various Revenues That are
Over Budget, Provide for Additional Expenditures and Move Funds Between
Projects.
ORIGINATOR: Karl Short
FISCAL IMPACT: Yes See Attached FUNDS AVAILABLE: Yes
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
The Borough realized $894,000 in the last land sale and the Borough received a grant for
$2,187,452 and a grant for$208,540. The Borough also needs to increase the budget for the
removal of the Chiniak underground storage tank and the removal and replacement of other
underground storage tanks.
The Kodiak Soil and Water Conservation District will provide$40,000 for replacement of a
culvert to aid fish passage at Lake Orbin, and this project will be managed by the Borough.
The Borough will remove an existing 3-foot diameter culvert located in an unnamed stream
that flows from Lake Orbin and replace it with a 6-foot diameter culvert to aid fish passage.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2014-01 D.
Kodiak Island Borough
Page 5 of 214
Ordinance No. FY2014-01D Amending Ordinance No. FY2014-01 Fi...
AGENDA ITEM #9.A.
Introduced by: Borough Manager
Requested by: Borough Manager
Drafted by: Finance Director
Introduced: 06/05/2014
I Public Hearing: 06/19/2014
2 Adopted:
3
a
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2014-01(D)
7
H AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH AMENDING ORDINANCE NO. 2014-01(C), FISCAL YEAR
10 2014 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR
I I VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDE FOR
12 ADDITIONAL EXPENDITURES AND MOVE FUNDS BETWEEN
13 PROJECTS
14
IS WHEREAS,the Borough sold fixed assets(land)for$894,000; and
16
17 WHEREAS, PERS was budgeted at 22% of salaries and expenditures per GASB and the
18 State it should have been budgeted at 35.68% and State Revenues should have been
19 budgeted at 13.68%; and
20
21 WHEREAS, the Borough received a $2,187,452 grant for Metal Debris and Household
22 Hazardous waste clean-up; and
23
24 WHEREAS,the Borough received a grant for$208,540 for the Coastal Impact Assistance
25 Program(CIAP)trail improvements; and
26
27 WHEREAS, the Kodiak Soil and Water Conservation District will reimburse the Borough
28 $40,000 to replace a 3 foot culvert with a 6 foot culvert at Lake Orbin; and
29
30 WHEREAS, additional funding is required for the Chiniak Removal of Underground
31 Storage Tank;and
32
33 WHEREAS, additional funding is required for Island Wide UST Removal/Replacement;
34 and
35
36 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH that:
38
39 Section 1: This ordinance is of a general and permanent nature and shall become a
40 part of the Kodiak Island Borough Code of Ordinances;
41
42 Section 2: The FY2014 budget will be amended per the attached schedule.
43
44
45
Kodiak Island Borough,Alaska Ordinance No FY2014-01(0)
Page 1 of 2
Page 6 of 214
Ordinance No. FY2014-01D Amending Ordinance No. FY2014-01 Fi...
AGENDA ITEM #9.A.
46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
47 THIS DAY OF 2014
48
49
50 KODIAK ISLAND BOROUGH
51
52
53
54 Jerrol Friend, Borough Mayor
55
56 ATTEST:
57
58
59
60 Nova M.Javier, MMC, Borough Clerk
61
62
Kodiak Island Borough,Alaska Ordinance No.FY2014-01(D)
Page 2 of 2
Page 7 of 214
Ordinance No. FY2014-01 D Amending Ordinance No. FY2014-01 Fi...
AGENDA ITEM#9.A.
[a1Ago1 Amendmen5(1
.xs
00004044401 40103.014 04401001 44500e855 0e09ee4 Budge(
fund 100 General Nod
Revenues
Reel Novelly 7. 29 900 34,161 94.601) 29.900
Person&Property iv 2.542 '956 2300
?
Non dd valorem Taxes 27,500 40 572 090'021
Payment,Geu el ns 1226 000 72 556 1,192A44
S5990Irvuoyes 295 755T15
PeIlla e0A lnt on 7. 200000 1102,332 07570 0000 008
and Nunn. 86500 79,370 27,170 266500
Fe Snared 752.400 19].020 954,420
5'f au 9Xdret Eevengs 2,100,009 310 190.029 5790 0,00008x5
Inueemenl Earnings 22,024 79970 - 100,000
100
Other 19 000 2654 I9940 1
- 9000
055 05 1 Assets 5000 1,154 3646 .
On¢
5,005
ortt044 mtl 0alenee 500,358 600.256 - 600,356
7renster
Total 7,077 7,049.597 4 262401 2.766.106 125.790 7 724,397
Esp
Boweye 05480401 181.599 242.0L 37.407 9500 85,750
Oa00050054nay 742,351 343407 00ST46
1349709,*sek 553 385 414416 543.944 5,120 558,409 780.5
0aw01 011wray 149 MO 032494 10.805 149 0go
Pmnro Owrertemot 897,962 696362 991.600 44,910 942,872;015
10000041107 i40lrvu0epy 000408020 ,085,]75 ]62507 7703295 1OR30 10]6,0450080
Au1 947 Dep00flops 070.312 541203 129.109 6074620005
E19ineamg570007910 Daps 226663 263,911 12,]02 PERS
Community Dnv7mpmem 242218 772006 5,132 59650 s
Bu09me 00110101 94,044 22 530 8151 084 0Ev
7,Onnmo Development ]]600 51362 22230 79000
(165154 Admints90540 249.100 143,764 100,936 249,100
P5900uN Reons400 195,000 16026 1709]9 195 000
emergency 77epere0+esa 52000 ]672 44,128 52000
vlenlm awl Sumer Semmes 716.000 309.300 4.004 316.000
Amur.1004 Control 05,000 72.941 12059 _
Edusa60n.Culture 70116 and Re'0009a0 90 000 93240 10:140) 90 005
70116De 845 L880 Oso 195 000 195000 195000
oranpfev1 Out 452500 363.500 403.390
Total 2040597 5199299 1640296 1]5]90 2224707
Fund 290 Land 04100
Resent. 26B 470 0955 232475 999000 1.102.430 sale e10485
000,dilwas 268430 89378 121,1401 099000 1,102430
Oa046 of 214
Ordnance No.FY204402DAn'oanding Ordnance No.FY2014-01 F_
AGENDA ITEM#9.A.
misee Budget 4/30/2014 0vlenq Admstmeennts Revised 055551
Fund 450 Capital Prof..
Revenues 0 167,049 2.510 621 5857,22E 2435992 10,567 841
Prompts Fund 450
O um Roof 703 035 709030
09013 High School Fire Alarm 34 025 34.024
09 5 vk School 83024 03.024 Demo Old
08015 AMroh Sewer Line 25,454 25.494 25494
05014 Middle School Closerin place)6 Replze 050 19225 16.225 16.225
05019 5444 Build Power Orsm0OOn Panels - -
09020 Man Roof 52.555 52.595
09021 Bons Old Sidewalk and Handrail Repairs 50.567 50.567 50,557
High School Par9ng Let Paving 282113 283.112 289113
ool District Small Protects 1,127 1127
O3cReOenry Measures-FEMA 907 18907
10504 o0 book Road FEMA 72 2
]55 22,]55
10006 Fairgrounds General Oaths FEMA a 270 6270 0270
10007 Fairgrounds General Repair 71.992 21.992
loon cy Measures FEMA 4959 4.559 24959
Fairgrounds Ram event FEMA 26018 28015
-maw W4m. Area o4554 FEMA 254 9 25919
01 bells Flats Rood FEMA 18942 16942
10012 7lanamaro8 Creek Road FEMA 32,270 32,270 32,270
10013 Panamatotr Creed Road Section FEMA 4.540 5,555 9944
loco 4 N Russian Creek Rd FEMA 85.033 85.033 05.033
10017 Ctimink Schoch Soil 4emed,4444 27.233 27.233 27,233
loon hie Creek 22064 22.044 22.564
10020Beplug Sargent Creek 4 9115 9076 40.005 415 15
100275554Shoulder Erosion A Culled Repair 3Sisters 26,170 39178 - 39178
10028 ManmVHamer Way 630 030 - 630
40025/Odlle/Middle 556550 Emergency Generver 52.651 82 661 - 82.661
1100/OAS Gym Seismic upgrade(grant) 405 302 405 342
A 054/3
amn 045/ 2.400000 2152 209]945 2.100000
12011 Emergency0ge eratonmntingency 164853 164 053
12012 010 H4-45,Emergency Generate! 1.007.000 295 1.00e000
12013 Karlin Emergency Generator 390 ,640 39000
12016 eayalde Emergency Generator 115.100 115100
ra 2042 Homeland Seanry Grant 35 000 35000
52004 Metal Eedns and HOUSeheld Ma]ardous Waste Clean-up 2.187,452 2407452
sax Coastal Impact 5
Program - - 209540
Lab ONIn R 4 R cont 4.e clls e 40,
Con5465enoes
▪ m Fund 4f0 359499 359.400 359499
Transfer to Fund 420 833009 - 933009 9]]009
TirariSter Io FUn0 445 -▪ to Fund 489 1.183 044
i Ota Expen5Nres 4.407,445 2510621 5.65]225 2435992 10601541
acsons
Page 9 of 214
Ordinance No.FY2014-010 Amending Ordinance No.FY2014-01 Fi..
AGENDA ITEM#9.A.
Revised 5.46546 a0E2014 9u'ame 0455Mn¢ Revue audget
Fusd 465 Renewal 400 P.Placamoso PegecR
EnrydndWm
0
09059 Be,8064 P0.01 t5M 00 n u
eaes -
50037.n..1616/11 9tvldl;Now FOVS 041,644 447.513 -
11002Eanteercwrla!ylogo s,r i 476465 1,260.537 1.'67.050 111.729 5 2415567
07903 05,640A O5lgt0unn Mtn age innk 03011 77.445 65.074 226,851
b40ivecner099 RltWniba0on '45379 45379 - 345.319
110054cl5560 04454 0 On041445 4., 0 71032 1716571 - 0
11009!slant;I40e UST Pnmown1/16nclacdmenl 412931 10 391 402.560 150000
11010 Sooluk 400 051591s 59400 53084 8.310 59.400
120014o'sogn 8416n90516111 Slat Elamnnhy 0700 Pont 357.127 5.483 351844 357.127
12002 Pert Lens 1.15500 Ground 0007054 rank 72 72 101
120036554450 001/141.0165555587145165 55 55 10]
12064 Berou9n 8034069 Rnlum PU hunt 2054 F1vw 564 504
20050074714444400 flooring 738.504 721 103700 738 504
12004 FMR 61nvnbl Controls 51,840 46 57,754 51,840
12007 L41111 Bon Old 500C Equip 9511110e11 555.202 539 557466 598.200
12005 Morn 550,446 061 01 61 4010 61
1300 Parannor Pad. 500.000 500.000 500,000
36066.5205X145C Cantrolz '537.255
%XXX%00701,041 HVO4 4427 624.437
6107046406404ong Rehab 1,718.932 10715932
Son Wqu EVmis 5466 121700 121200
MU00$0,0,1 Paying 415.353 405393
.mnoonny:Nye,6 N44 43505 141,505
73004 Pieta/742541.E 411v95W404Uxarbu5W9515Grva=w 2.152,452 7.167.452
54 R 00500205000 1,71 90705,0090 0466511 0342433
enn5554maes - 0
164446.6ent0aea 135010610 2.731,55 4571998 - '3500856
!e'ege 16 0t 214
Ordnance No.FY2014.010 Amentlirg ordnance No.FY 014-01 Fi..
AGENDA ITEM #13,A.1.
KODIAK ISLAND BOROUGH
y AGENDA STATEMENT
f. +°° JUNE 19, 2014
fel{ �, } ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2014-31 Chiniak School Oil Tank Replacement Project.
ORIGINATOR: Matt Gandel
FISCAL IMPACT: Yes 144,900.00 FUNDS AVAILABLE: Yes
Account Number: 469-614-452-150 Amount Budgeted: $369,169.00
11003.5
SUMMARY STATEMENT:
Kodiak Island Borough code 3.30.020"Limitation of Manager's Authority"states that a
contract exceeding $25,000.00 requires Assembly approval.
This contract for is for the Chiniak School Oil Tank Replacement project as shown in the
construction documents prepared by Jensen Yorba Lott, Inc. The work includes the removal
of one 500 gallon underground storage tank, decommissioning of one 12,000 gallon
underground storage tank, removal of miscellaneous fuel piping, installation of one 3,000
gallon above-ground fuel tank, and miscellaneous other work as required for a complete and
operational fuel system.
An invitation to bid was issued on March 7, 2014, and bids were opened on April 1, 2014.
Four bids were received and staff has determined that S&S Enterprises Inc., dba Kodiak
Lawn Care and Snow Removal, of Kodiak, Alaska was the lowest responsible/responsive
bidder.
This is a Borough Renewal and Replacement project with funds budgeted to complete this
necessary project.
RECOMMENDED MOTION:
Move to authorize the Manager to approve Contract No. FY2014-31 to S&S Enterprises Inc.,
dba Kodiak Lawn Care and Snow Removal for the Chiniak School Oil Tank Replacement
Project in an Amount Not to Exceed $144,900.00.
Kodiak Island Borough
Page 11 of 214
Contract No. FY2014-31 Chiniak School Oil Tank Replacement P...
AGENDA ITEM #13.A.1.
Contract No. I'Y2o 14-31
KODIAK ISLAM)ROROUGII,ALASKA
CONSTRUCTION CONTRACT
Chiniak School Oil Tank Replacement#11003
PRO.it.C"P NAME AND NUMBER ............_
This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough,
acting by and through its Borough Manager.and
S&.S Enterprises, Ine.,,,,flba Kodiak Lawn Care and Snow Removal
Company Name
PO Box 1388.Kodiak:,,AK 996E
Company Address(Street or PO Box,Cliv.State,Zip)
a/an❑ Individual ❑Partnership joint Venture ❑Sole Proprietorship X Corporation incorporated
under the laws of the State of Alaska its successors and assigns,herein called the Contractor, is effective the
date of the signature of the Borough Manager on this document,
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the
Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the
work and labor required in the construction of the above-referenced project as hid by the Contractor, which
bid and prices named, together with the Contract Documents (as hereinafter defined)are made a part of this
Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or
materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by
the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract,
unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable
for any materials furnished or used,or for any stork or labor done, unless the materials, work,or labor are
required by the Contract or on tvriticn order furnished by the Borough. Any'such work or materials which
may be done or furnished by the Contractor without written order first being given shall he at the
Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim
for compensation for work or materials done or furnished without such written order.
Payment under this Contract shall not exceed One hundred forty four thousand nine hundred dollars
(5_. 144,900.00 )for all base items and unit prices,
The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work
and labor shall he done and performed, in every respect, to the satisfaction of the Borough, on or before:
August U-2014 or within n/a calendar days following the date of notice to proceed. It is expressly
understood and agreed that in case of the failure on the part of the Contractor, for any reason,except with the
written consent of the Borough, to complete the furnishing and delivery of materials and the doing and
performance of She work before the aforesaid date, the Borough shall have the right to deduct from any
money due or which may become due the Contractor,or if no money shall be due, the Borough shall have
the right to recover 5500 per day as specified in Article 11.8. General Conditions :such deduction to be
Kodiak Island Borough Construction Contract
Page 1 of 3
Page 12 of 214
Contract No. FY2014-31 Chiniak School Oil Tank Replacement P,,.
AGENDA ITEM #13.A.1.
Contract No. FY2014-31
made,or sum to be recovered, not as a penalty but as liquidated damages. Provided, however. that upon
receipt of written notice from the Contractor or the existence of causes over which the Contractor has no
control and which must delay furnishing of materials or the completion of the work the Contracting Officer
may,at his or her discretion,extend the period specified for the furnishing of materials or the completion of
the work,and in such case the Contractor shall become liable for liquidated damages for delays commencing
from the date on which the extended period expires.
The bonds given by the Contractor in the sum of S 144.900 Payment Bond,and$ 144,900 Performance
Bond,to secure the proper compliance with the terms and provisions of this Contract,are submitted herewith
and made a part hereof.
The Contractor further covenants and agrees that the entire construction will he done under the
administration of and to the complete.satisfaction of the Borough subject to the inspection at all times and
approval by any regulatory agency,and is accordance with the laws of the State of Alaska and the Borough.
For purposes of this Contract, Contracting Officer means Charles E.Cassidy In or any other person
designated by the Borough Manager.
The Contractor is an independent contractor and not an employee or agent o the Borough.
Contract Documents shall have the meaning ascribed by the General Conditions of the Construction
Contract, and include but are not limited to this Contract, the General Conditions of the Construction
Contract,the Supplementary Conditions, and the following listed documents:
(I) Drawings dated January 16,,2014 ;(2) Project Manual dated January 16,2014
Kodiak Island Borough Construction Contract
Page 2 of 3
Page 13 of 214
Contract No. FY2014-31 Chiniak School Oil Tank Replacement P...
AGENDA ITEM #13.A.1.
Contract No. FY20 14-31
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
Company Name
Signature of AuthorizedCompanv Representative
Name and Title
Date
KODIAK ISLAND BOROUGH
Signature of Borough Manager
Typed Name
Date
Borough Clerk
(A rrEST)
Kodiak Island Borough Construction Contract
Page 3 of 3
Page 14 of 214
Contract No. FY2014-31 Chiniak School Oil Tank Replacement P...
0
0
D
v
C)
z
0
m
N
(J
A
Zr
z
N
C,)
C)
O
0)
=
.Z7 LnIr..... . ...Ailla . .. .. iEtV3ilemK4 vwm
. � , o � em a. _ t v+ae
C)
fD
3
ro
z
aa
cp
rn
o y
A
a
AGENDA ITEM #13.A.2.
KODIAK ISLAND BOROUGH
¶' \ AGENDA STATEMENT
wn ,---,4,.
JUNE 19,2014
it: ASSEMBLY REGULAR MEETING
A4,_9i 1
TITLE: Contract No. FY2014-36 Panamaroff Park Playground Equipment
Procurement.
ORIGINATOR: Matt Gandel
FISCAL IMPACT: Yes$58,643.70 FUNDS AVAILABLE: Yes
Account Number: 450-550 452.150 Amount Budgeted: $100,000.00
13008.5
SUMMARY STATEMENT:
Kodiak Island Borough code 3.30.020 "Limitation of Manager's Authority"states that a
contract exceeding $25,000 requires Assembly approval.
This contract is for the Panamaroff Park Playground Equipment Procurement. The proposal
documents and associated addenda are available for review. Five proposals were received in
response to the Borough's invitation to bid dated April 15, 2014. Proposals were reviewed by
Staff. Playcraft Direct, Inc. was determined to be the lowest/best proposer. The equipment
consists of a modular play structure, swing set, see-saw, tunnel/tube crawl, digger/excavator,
picnic tables, and benches.
The Kodiak Island Borough received a State of Alaska Designated Legislative Grant in
FY2013 in the amount of$100,000 which will be used to purchase the equipment.
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No. FY2014-36 with Playcraft Direct,
Inc. of Grants Pass, Oregon for the Panamaroff Park Playground Equipment Procurement in
an amount not to exceed$58,643.70.
Kodiak Island Borough
Page 16 of 214
Contract No. FY2014-36 Panamaroff Park Playground Equipment ...
AGENDA ITEM #13.A.2.
Panamaroff Park Playground
Bid Tabulation
May 15,2014
Company Bid
.....................................
Playcraft Direct $58,643.70
SiteLines Park&Playground $68,801.70
Play Systems North $79,200.00
Exerplay-Option 1 $79,574.60
Exerplay-Option 2 $79,885.62
•
Northwest Playground $79,997.69
Page 17 of 214
Contract No. FY2014-36 Panamaroff Park Playground Equipment ...
•
AGENDA ITEM #13.A.2.
PANAMAROFF PARK PLAYGROUND EQUIPMENT PROCUREMENT
KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT
Contract No. 2014-36
THIS AGREEMENT, made this 19th day of June, 2014, between the Kodiak Island Borough,
acting by and through its Borough Manager, party of the first part,and Playcraft Direct, Inc. of
123 North Valley Drive,Grants Pass,Oregon 97526,hereinafter called the Distributor.
WITNESSETH: That the Distributor, for and in consideration of the payment or payments
herein specified and agreed to by the party of the first part, hereby covenants and agrees to
furnish PLAYGROUND EQUIPMENT for the Kodiak Island Borough per the Specifications(part
of the Contract Documents)for same and for the sum of Fifty Eight Thousand Six Hundred Forty
Three&70/100(558,643.70)Dollars.
The Distributor further covenants and agrees that the manufacturing of said PLAYGROUND
EQUIPMENT shalt be done to the complete satisfaction of the Kodiak Island Borough,subject to
inspection at all times and approval by any participating agency of the Government of the United
States of America, and in accordance with the laws of the State of Alaska and rules and
regulations of said Federal Agency.
The Distributor further covenants and agrees that the manufacturing of said PLAYGROUND
EQUIPMENT shall be done and performed in the best and most workmanlike manner and that
all and every of said materials and labor shall be in strict and entire conformity in every respect
with the Specifications: that he will abide by and perform all stipulations, covenants, and
agreements specified in the Contract Documents,all of which are by reference hereby made a
part of this Contract,as to all premises therein: and in case any of said materials or labor shall
be rejected by the Borough Manager or his assistant or authorized representative, as defective
or unsuitable, then the said materials shall be removed or replaced with other approved
materials and the said labor shall be done anew to the satisfaction and the approval of the
Borough Manager or his representatives,at the cost and expense of the Distributor.
To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of,
indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials,
employees and volunteers and others working on behalf of the Kodiak Island Borough against
any and all claims,demands,suits or loss,including all costs connected therewith, and for any
damages which may be asserted, claimed or recovered against or from the Kodiak Island
Borough,its elected and appointed officials,employees,volunteers or others working on behalf
of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death
and/or property damage, including loss of use thereof, which arises out of or is in any way
connected or associated with this Agreement.
The agreement entered into by the acceptance of the Distributor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and as fully a part thereof as if herein set out in full,and if not attached,as if hereto
attached.
1. Agreement
2. Request for Proposal
Page 1 of 2
Page 18 of 214
Contract No. FY2014-36 Panamaroff Park Playground Equipment ...
AGENDA ITEM #13.A.2.
PANAMAROFF PARK PLAYGROUND EQUIPMENT PROCUREMENT
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or inconsistency shall be resolved upon the basis of the numerical order. The document
or documents assigned the small number or numbers being controlling over any documents
having a larger number in the numerical order set forth above.
The Distributor further covenants and agrees that said PLAYGROUND EQUIPMENT shall be
furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on
or before September 15,2014, It is expressly understood and agreed that in case of the failure
on the part the Distributor for any reason, except with the written consent of the Borough
Manager,to complete the furnishing and delivery of said PLAYGROUND EQUIPMENT before
the aforesaid date,the party of the first part shall have the right to deduct from any monies due
or which may become due the Distributor,or if no monies shall be due,the party of the first part
shall have the right to recover One Hundred Dollars($ 100)per day for each and every calendar
day elapsing between the time stipulated,and the actual date of delivery in accordance with the
terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as
liquidated damages. Provided,however,that upon receipt of written notice from the Distributor
of the existing causes over which said Distributor has no control and which must delay the
delivery of said PLAYGROUND EQUIPMENT, the Borough Manager may at his discretion,
extend the period herein before specified for the delivery of the said PLAYGROUND
EQUIPMENT,and in such case the Distributor shall become liable for said liquidated damages
for delays commencing from the date on which said extended period shall expire.
The Distributor hereby agrees to receive the prices set forth in the proposal as full
compensation for delivering the PLAYGROUND EQUIPMENT to complete said Agreement to
the satisfaction of the Borough Manager, •
It is further distinctly agreed that the said Distributor shall not assign this contract, or any part
thereof or any right to any of the monies to be paid him hereunder.
Payment for services rendered under this Agreement shall be made by the Kodiak Island
Borough within thirty (30) days of delivery, acceptance by the Kodiak Island Borough and
invoicing by Distributor.
IN WITNESS WHEREOF,The Kodiak Island Borough Manager,by authority in him vested,has
executed this contract on behalf of the Kodiak Island Borough,and the said Playcraft Direct,Inc.
have hereunto set their hands and seals,the day and year first above written.
The terms of this agreement shall be from June 19,2014 to September 30,2014,
KODIAK ISLAND BOROUGH DISTRIBUTOR
By By CA
Charles Cassidy
Borough Manager Title: Coo
Attest:
By
Nova Javier,MMC
Boroughs Clerk
Page 2 of 2
Page 19 of 214
Contract No. FY2014-36 Panamaroff Park Playground Equipment ...
N
Q
M
Z v
Ill
LLI ti=tF a•
1' i
tB El
_."..$1::/?'7 '. . ----- '
��'
I \. ^..k � A .40 { '•, .�.
f� y�
cr
ice, R Jr�r} v° ,y .4.;-„,;.,....,....•.-.„->,;.,.�� ? , r is 54 .+}:,„ `'2' CZS� `� . ",..;1.,-..:„;
�' ') Y'J3'' ' .'. T't ,Y,y 1SF 3 -S�yC'� 4 .*'yes 3A '3 €c
f -5 r o
` m K to�R 4h�ss r�Cl+ � a y, Uzi X ° : c a
'��,'.� f d 5ti , e'' . .s ., c� rt r •ie. cts, � i. �. _' -
p�'tY .VO.< �i+<ti e? p.'^3r� �M `# -'� '� .. d r ` ' 4. "1 .? 4,-- , '"' .�'$y fi}, ' 9 �''ri`'r+<��f m
F"' 51.x.'. 5y ,', ., ..y, .r. .k, 4`.c •,c i `�4t,` �* "'��. .... �-. . '?ter
• :d f.p'�•�'" {� i,. yYC� v s',3i+1F ..4,- j 'i{i aSv-'a.-''-.a. "C. • ...S `,P.,� '„4+ � `+, �� ` ',..4..7..-^,‘..., m
i�f..,f t"yh:Y�v.t i s s[r�:.nJI � '`yi �Tt� ,, •y'fr'1 'Ri_44i. �.; _'`3.� ��t��: m
PLAYCRAFT RV-5 ' Panamaroff Park . aPLAYCRAFT
D I R E C 1
5-12 Project#9466EA- DAl E:4/30/201,1 r,.,,u.r .,,,•u.Y'�c. ' o
N
O
z
U
C
O
U
AGENDA ITEM #13.A.3.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
(1,1 4 yr 1'' JUNE 19. 2014
; r` ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2014-37 Collective Bargaining Agreement With the
International Brotherhood of Electrical Workers, Local 1547.
ORIGINATOR: Bud Cassidy
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
The contract with the IBEW expired on December 31, 2011. Since that time the contract has
been extended a year at a time.
The Borough Negotiating Team made up of the Manager, Finance Director, HR Officer, and
Special Projects staff open negotiations on the contract with the IBEW Negotiating Team.
There were a number of meetings with the last one occurring in April 2014. At that time, the
IBEW and the Borough tentatively approved various contract provisions. That amended
contract was subsequently approved by the members of the IBEW. The final step to complete
this three year contract is approval by the Assembly.
Besides a number of housekeeping items, this contract identifies two major changes. It
identifies another health care program (AETNA is the Borough's present health insurance
carrier)for IBEW employees. This health care program is administered by an IBEW Trust
program known as the Alaska Electrical Health and Welfare Fund. This new arrangement will
provide affordable health care to employees as well as a cost savings to the Borough (who
contribute to employees' health care costs).
Also, in the contract is a compensation increase through cost of living increases of 1.75%,
2.0%, and 2.0% for the life of this three year contract. Additional items negotiated and agreed
upon are outlined on a separate document attached in this packet.
RECOMMENDED MOTION:
Move to authorize the manager to execute Contract No. FY2014-37 with the International
Brotherhood of Electrical Workers, Local Union 1547 to reflect a COLA increase for all
Borough employees (union and non-union) effective January 1, 2014; permit transfer of union
employees from the state sponsored health insurance plan to the Alaska Electrical Health and
Welfare Trust; and to provide health insurance to IBEW members, and to adjust the Borough
Salary Schedule.
Kodiak Island Borough
Page 21 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Y}
Kodiak Island Borough
OFFICE of the MANAGER
Bud Cassidy,Borough Manager
Mil MEMORANDUM
Date: June 8, 2014
To: Mayor Friend and Members of the Assembly
From: Bud Cassidy, Borough Manager
Re: Union Negotiations
Introduction
We have concluded negotiations with the union on items that were commonly identified
to negotiate. These items have been"tentatively approved"by the Manager and the
Business Representative of the IBEW. Borough employees'represented by the union
have voted to approve the changes negotiated. The last step in ratifying a contract is for
the Assemlby to review and weigh in on the provisions agreed to by the parties. Should
the Assemlby agree with the results of the bargaining effort, passage of the attached
ordinance is required and the Collective Bargaining Agreement will be in effect from
January 1, 2014 to December 31, 2016.
The negotiations included a number of housekeeping items that were agreed to. Of
importance to the Assemlby are those items that most affect the Borough from a
financial stand point. These two items include:
1. Health Care Insurance—(recommended change in carrier); and
2. Compensation increases through an annual COLA.
Health Care Insurance
Health care insurance through the state sponsored health care provider(Aetna) has
been increasing steadily for the last number of years (see Aetna graph). Sometimes
these increases have reached double digits for all categories of employees:
1. Employee Only
2. Self and children,
3. Self and spouse
4. Self, spouse and family).
These increases have created a number of problems for union and non-union Borough
employees. The most important one is that because of the high cost of health care
insurance, a number of borough employees have insured just themselves and not
additional members of their families.
Page 22 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
The negotiation team was presented with a heath care plan called the Alaska Electrical
Health and Welfare Fund (AETF). This plan was found to be advantageous to
employees and at the same time provide a cost savings to the Borough (who
participates by contributing to employee health care costs). Comparison of the Aetna vs.
the AETF is provided with your packet.
Another benefit of this new plan is that the cost of insurance is the same for all
categories of employees. Though single individual employees will see an increase, the
remainder of employee will see a savings. For the borough budget the savings are
$166,980 annually (see matrix attached with this memo).
Future increases in health care costs have also been negotiated. Under the current
IBEW contract, any health care increases after the first year will be split 90%/10%for
the last two years of the contract. If mandated changes in health care costs, care
coverage or penalties are enacted by the Federal or state law, negotiations on this
subject will reopen.
The AETF is the health care plan for a number if IBEW locals around the state. But it
also serves non-union or non-bargaining unit members, Staff has followed up and
interviewed employees from the City of Fairbanks employees who have had AETF
health insurance coverage for over 13 years. Without exception, each has given these
coverage high marks. Equally important is that AETF is a legally separate entity than
the IBEW. Its board of directors include both union and management members. The
contract is with AETF and no a contract with the IBEW.
Compensation Adjustment through COLA
Cost of Living Adjustments have also been included in the contract. The amounts
negotiated are
1. Effective January 1, 2014—1.75%
2. Effective January 1, 2015—2.0%
3. Effective January 1, 2016—2.0%
These adjustments are the amounts that I have talked with you about in the past. They
are minimal increases especially in light of the fact that the Anchorage CPI (our gauge
in providing COLAs)would have been 3.5% for January 1, 2014.
HOUSEKEEPING ITEMS.
There were a number of housekeeping items that were added or adjusted in the
contract. These include items such as:
1. Addition of the GIS position
2. How bargaining members are paid should they work in a position greater than 30
days.
3. Late Management evaluations of bargaining unit members
4. Reimbursement of tuition for classes approved by management from $1500 to
$2500 to reflect increase in per credit costs.
5. Prohibition of smoking in all borough owned buildings, near windows and air
intake areas.
Page 23 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.4.3.
CONCLUSION
Staff has negotiated with the IBEW since last summer. This list of contract changes has
been has negotiated in good faith by both sides in reaching this agreement.
Staff recommends approval.
Page 24 of 214
Contract No, FY2014-37 Collective Bargaining Agreement Wth ...
AGENDA ITEM #13.A.3.
,e** , , Kodiak Island Borough
f7f�•
OFFICE of the MANA GER
710 Mill t��r, Road
_ ay
Kodiak,Alaska 99613
Phone(907)486-9301 Fax(907)486-9374
q. s .=" c hcaAaCAPALakak,xs
May 23,2014
1.2 MEMBERS OF THE BARGAINING UNIT
• Housekeeping
• Renames a position(Maintenance Worker to Maintenance Mechanic)
• Adds GIS Analyst
• Includes a new position that is excluded from the bargaining unit(Construction
Inspector/Engineer
4.12 TEMPORARY ASSIGNEMENTS
• Clarifies that an employee may be temporary assigned to a bargaining or non-
bargaining unit position
• That temporary assigns are"temporary" and shall not exceed 6 months(example
—Grounds keeper hired during the summer months).
• Bargaining Unit members that fill in for non-bargaining unit positions will continue
to receive Overtime during that temporary assignment(example Duane Dvorak,
a bargaining unit member filled in as CDD director until a new CDD director was
hired. He continued to receive O.T. for night meetings.
• If after 30 days a member remains in a temporary position paying higher rate,
they will receive that hire rate
4.15 EVALUATION
• If an employee's evaluation is not prepared in a timely manner(30)days, the
employees performance shall be considered satisfactory. (It is incumbent for
supervisors to evaluate their employees. Step increases do not occur if there is
no written evaluation. Not performing the evaluation means the employee does
not received their step increase. The employee should not suffer if the supervisor
is not timely.
4.16 PROMOTION
• Clarification that current employees who qualify for an open position may be
considered for promotion
6.1 HOURS OF WORK
• Clarifies what hours during the day that lunch can be taken(between 11:00 AM—
2:00 PM.)
6.7 Staggered Lunch Periods
• Clarifies which hours an employee shall take lunch(11:00 to 2:00PM.)
Page 25 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
7.1 COMPENSATION
• Increases wages or cost of living increase for each of the three year contract.
2014-1.75%
2015—2.0%
2016—2.0%
11.2 TUTITION REFUNDS
• Increases the maximum reimbursement amount from $1500 to$2500(increases
costs of classes and books etc.).
12.1 HEALTH AND WELFARE BENEFITS
• Terminates AETNA coverage for IBEW employees and provides for them to
participate in the IBEW—Alaska Electrical Health and Welfare Trust Fund
(AETF)for medical, dental, vision, disability and life and AD&D, and requires the
borough to pay$1584 per month for each employee.
• Future increases require the borough will cover 90% of those increases up to
a10%total premium increase.
• The Borough will continue to provide Group Life and Accidental Death &
Dismemberment insurance.
• Because of the uncertainty of federal health care insurance requirements, both
parties agree to re-open this article of the contract should there be government
mandated changes.
12.3 JOINT HEALTH CARE COMMITTEE
• A joint health care committee consisting of the Borough Manager(or designee),
two individuals designated by the borough and two individuals designated by the
IBEW Business Rep to meet and discuss insurance issues in an effort to
effectively deal with the current environment of rapidly changing insurance
issues.
13.18 PROHIBITION OF SMOKING
• Modifies the restriction of smoking in all borough owned buildings to include a
distance of 250 feet from an entrance, window or ventilation intake, and prohibits
smoking on the grounds of the Borough Building due to its proximity to school
operations. This matches the revised Borough Code.
20.1 TERM OF AGREEMENT
• Extends the authority of the contract until December 31, 2016 unless amended.
Page 26 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Contract #FY2014-XX
to BO
`o"�, A°moo ityASIjt
-10 2:eftif
Q /J//
0 - 1" 1^
ALASKA - ' r.
wcsr�sn
AGREEMENT
BETWEEN
KODIAK ISLAND BOROUGH
AND
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS
LOCAL UNION 1547
AFL-CIO
Page 27 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #1314.3.
January 1, 2009, 2014 through December 31, 2011
2016
TABLE OF CONTENTS
ARTICLE 1: RECOGNITION 5
1.1 RECOGNITION 5
1.2 MEMBERS OF BARGAINING UNIT 5
ARTICLE 2: MANAGEMENT RIGHTS 7
2.1 MANAGEMENT RIGHTS 7
2.2 SUBCONTRACTING AND CONSULTANTS 7
ARTICLE 3: DESIGNATION OF EMPLOYEES 7
3.1 DESIGNATION OF EMPLOYEES 7
ARTICLE 4: HIRING AND ADVANCEMENT 8
4.1 JOB VACANCIES 8
4.2 TEMPORARY POSITIONS 8
4.3 JOB POSTING 8
4.4 JOB ANNOUNCEMENTS AND PUBLICITY 9
4.5 QUALIFICATIONS FOR APPOINTMENT 9
4.6 SELECTION PROCESS 9
4.7 JOB ORIENTATION 9
4.8 ENTRANCE WAGE RATE 10
4,9 STEP INCREASES 10
Special Merit Increases
4.10 LONGEVITY PAY... 11
4.11 SHIFT DIFFERENTIAL ........... .........................11
4.12 TEMPORARY ASSIGNMENTS 12
4.13 EMPLOYEE TRANSFERS 12
4.14 PROBATIONARY PERIOD 13
4.15 EVALUATION 13
4.16 PROMOTION 14
4.17 DEMOTION 14
ARTICLE 5: SEPARATIONS 15
•
5.1 RESIGNATIONS 15
5.2 LAYOFFS 15
5.3 TERMINATION 16
5.4 DISMISSAL NOTICE AND SEVERANCE PAY 17
ARTICLE 6: WORK SCHEDULE&OVERTIME 17
6.1 HOURS OF WORK 17
6.2 OVERTIME 17
Overtime on Holidays
6.3 TEN HOUR WORK DAY 18
6.4 ON-CALL TIME 19
Page 2
Page 28 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
6.5 OFF DUTY/CALL OUT PAY 19
6.6 REST PERIODS 19
6.7 STAGGERED LUNCH PERIODS 19
68 FLEXIBLE SCHEDULING OF WORK HOURS 19
ARTICLE 7: COMPENSATION 20
7.1 COMPENSATION 20
ARTICLE 8: LEAVE 21
8.1 ANNUAL LEAVE ENTITLEMENT(ON A CALENDAR YEAR BASIS) 21
8.2 ANNUAL LEAVE-GENERAL 21
8.3 CASH-IN OF ANNUAL LEAVE 22
8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION 22
8.5 MANDATORY LEAVE 22
8.6 DONATION OF LEAVE 23
8.7 SICK LEAVE 23
8.8 FAMILY/MEDICAL LEAVE 23
8.9 LEAVE-WITHOUT-PAY 26
8.10 EDUCATIONAL LEAVE-WITHOUT-PAY 26
8.11 HOLIDAY LEAVE 26
8.12 BEREAVEMENT LEAVE 27
8.13 WORKERS COMPENSATION LEAVE 27
8.14 COURT DUTY 28
8.15 MILITARY LEAVE 29
8.16 UNAUTHORIZED LEAVE 29
8.17 SICK LEAVE BANK 29
ARTICLE 9: SENIORITY 30
9.1 SENIORITY 31
ARTICLE 10: DISCIPLINE 31
10.1 DISCIPLINE 31
ARTICLE 11: TRAINING 32
11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES 32
11.2 TUITION REFUNDS . 33
113 TUITION AGREEMENT 33
11.4 SPECIAL TRAINING. 34
11.5 SPECIAL TRAINING AGREEMENT 34
11.6 TRAINING 35
ARTICLE 12: BENEFITS 35
12.1 EMPLOYEE INSURANGEHEALTH&WELFARE BENEFITS 35
12.2 RETIREMENT 38
ARTICLE 13: EMPLOYMENT PRACTICES 38
13.1 PERSONNEL RECORDS 37
13.2 PAYROLL PROCEDURES 38
13.3 TIME SHEETS 40
13.4 PAY CHECK ERRORS 40
13.5 MOVING EXPENSES FOR NEW EMPLOYEES 40
13.6 TRANSPORTATION AGREEMENT 41
13.7 CLOTHING ALLOWANCE 42
13.8 BOROUGH VEHICLES 42
13.9 PRIVATE AUTOMOBILE USAGE 42
13.10 GIFTS AND GRATUITIEES_ 43
Page 3
Page 29 of 214
Contract No. FY2O14-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.4.3.
13.11 PROFESSIONAL ORGANIZATION DUES 43
13.12 EMPLOYMENT OF FAMILY MEMBERS 43
13.13 OTHER EMPLOYMENT 44
13.14 TRAVEL 44
13.15 STRANDED WHILE ON BOROUGH TRAVEL.L_........................ _..,_...... .........._.....44
13.16 SAFETY 45
13.17 SAFETY COMMITTEE 45
13.18 PROHIBITION OF SMOKING 45
13.19 DRUG-FREE WORKPLACE 46
13.20 POLITICAL ACTIVITIES 46
ARTICLE 14: NO STRIKE-NO LOCKOUT 46
14.1 NO STRIKE.SLOWDOWNS,OR LOCKOUTS 46
ARTICLE 15: GRIEVANCE PROCEDURE 47
15.1 GRIEVANCE PROCEDURE 47
Section 1. Complaints or Discussions
Section 2. Grievance Definition
Section 3. Procedure
Section 4. Arbitration
Section 5. Authority of the Arbitrator
Section 6. Time Limits
ARTICLE 16:UNION REPRESENTATIVES 49
16.1 UNION REPRESENTATIVES 49
16.2 SHOP STEWARD . 49
ARTICLE 17: UNION SECURITY 49
17.1 UNION SECURITY 50
17.2 DUES DEDUCTION 50
17.3 GOOD STANDING WITH UNION 50
17.4 POSTING OF AGREEMENT 50
17.5 BULLETIN BOARDS 51
17.6 UNION ACTIVITIES 51
ARTICLE 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 51
18,1 NON-DiSCRIMINAFIONtEQUAL EMPLOYMENT OPPORTUNITY 51
ARTICLE 19: GENERAL PROVISIONS 51
19.1 EFFECT OF AGREEMENT 51
19.2 SUCCESSORS AND ASSIGNS 52
19.3 PRODUCTIVITY 52
19.4 IMPASSE PROCEDURE 52
19.5 SCOPE OF AGREEMENT 53
19.6 NOTICES 53
19.7 COMPILATION OF AGREEMENT 54
19.8 NEGOTIATIONS PROCEDURE 54
19.9 MEET AND CONFER 55
ARTICLE 20: TERM OF AGREEMENT 56
20.1 TERM OF AGREEMENT 56
20.2 AMENDMENT OF AGREEMENT 56
ARTICLE 21: LABOR-MANAGEMENT COMMITTEE 56
Page 4
Page 30 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
APPENDIX A-SALARY SCHEDULE
SCHEDULE OF PAY GRADES-EFFECTIVE 1/1109
PREAMBLE
This Agreement is made and entered into by and between Kodiak Island Borough
hereinafter referred to as the "Employer" or "Borough" and Local Union 1547 of the
International Brotherhood of Electrical Workers, AFL-CIO hereinafter referred to as
"Union" or "IBEW'. The purpose of this Agreement is to set forth the understanding
reached between the parties with respect to wages, hours of work, and other terms and
conditions of employment.
The Borough and the IBEW have a common and sympathetic interest in the Kodiak
Island Borough. Therefore a working system and harmonious relations are necessary
to improve the relationship between the Borough, the IBEW, and the public. Progress in
service to the Public demands a mutuality of confidence between the Borough and the
IBEW. All will benefit by the continuous peace and by adjusting any difference by
rational, common sense methods as outlined by the procedures set forth herein.
The following is agreed to in good faith by the parties and shall remain in effect until
changed as outlined herein or altered by future negotiations.
PURPOSE OF AGREEMENT
The purposes of this agreement are to set forth the negotiated wages, hours and other
terms and conditions of employment for IBEW represented employees, to promote the
settlement of Union disagreements by conference, to provide for the resolution of
unsettled grievances by binding arbitration, to prevent strikes and lockouts and to
encourage a spirit of helpful cooperation between the Borough and its employees and
the Union to their mutual benefit and the benefit of the general public.
Article 1: RECOGNITION
1.1 RECOGNITION
The Employer recognizes the Union as the sole and exclusive representative for those
employees employed by the Employer as set forth in this Agreement.
Page 5
Page 31 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
1.2 MEMBERS OF BARGAINING UNIT
The bargaining unit is comprised of the following positions:
Assessing Manager's Office
Appraiser Technician Resource Mgmt Officer
Assessment Clerk I&II Secretary I, II and III
Property Appraiser
Community Development Mental Health Center
Assistant Planner Cashier—Mental Health
Associate Planner/ENF Secretary I, II, and III
Associate Planner/LRP Case Manager
Drafting Technician Family Teacher
Secretary I, II and III Job Coach
Juvenile Holdover Attendant
Behavioral Specialist
Behavioral Aide
Engineering&Facilities Management Information
Systems
Environmental Specialist
Project Manager LAN Administrator
Maintenance Engineer Operations Supervisor
Baler Operator I & II PC Technician I&II
Carpenter/Project Manager Programmer
Maintenance Worker Mechanic Programmer/Analyst
Projects Assistant Senior Systems Analyst
Secretary I. II,and III System Operator I& II
Solid Waste Baler/Landfill Supervisor GIS Analyst
Interpretive Specialist/Receptionist
Finance
Local Administrator—Childcare Asst. Program
Accounting Clerk
Accounting Technician/AP
Accounting Technician/Payroll
Cashier
Page 6
Page 32 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ..,
AGENDA ITEM #13.A.3.
General Accountant
Revenue Accountant
Secretary I, II and III
Excluded from the unit are elected officials, the Borough attorney, Borough Clerk,
Deputy Clerk, Assistant Clerk, Records Manager, Engineering & Facilities Director,
Environmental Engineer, Maintenance Coordinator, Construction Inspector/Architect,
Construction Inspector/Engineer, Project Manager/Inspector, Community
Development Director, Human Resources Director, Human Resources Assistant,
Human Resources Officer/Executive Assistant, Administrative Assistant to the Manager,
Grant Writer/Special Projects Support, Assessor, Finance Director, Director of
Information Systems, Mental Health Center (MHC) Director, MHC Clinical Program
Director, MHC Clinicians, MHC Operations Manager, MHC Community Support
Program Director, MHC Staff Assistant(CSP), Fire Chief, and Assistant Fire Chief.
Article 2: MANAGEMENT RIGHTS
2.1 MANAGEMENT RIGHTS
Subject to the specific provisions of this Agreement, it is the right of the Borough to
determine the standards of service.to be offered by its administration; determine the
standards of selection for employment, direct its employees in an efficient manner; take
reasonable disciplinary action for reasonable cause; maintain the efficiency of Borough
operations, determine the methods and means by which government operations are to
be conducted, to formulate reasonable work rules which are applied in a fair and
consistent manner; and to exercise control and discretion over its organization.
2.2 SUBCONTRACTING AND CONSULTANTS
The Union recognizes that the Borough has the right to contract, subcontract, or utilize
consultants. The right to contract, subcontract or the utilization of consultants shall not
be used for the purpose of undermining the Union or to discriminate against any of its
members. The Borough further agrees that it will not use personal services contracts to
replace employees when vacancies occur in positions filled by regular employees
covered by this Agreement.
Article 3: DESIGNATION OF EMPLOYEES
3.1 DESIGNATION OF EMPLOYEES
Page 7
Page 33 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Regular Employee: A regular employee is an employee who has successfully
completed his/her probationary period in a position that is part of the regular
complement needed for performing Borough services as determined by the Borough
Assembly.
Regular Full-Time Employee: A regular full-time employee is one who is employed to
work a regular schedule of established weekly hours. The minimum established weekly
hours shall be at least thirty (30) hours a week.
Regular Part-Time Employee: A regular part-time employee is one who is employed
to work a regular schedule with established weekly hours totaling less than thirty (30)
hours a week.
Temporary Employee: A temporary employee is one who is employed to augment the
workforce whenever the workload temporarily requires additional help, or in the event of
an emergency or unanticipated situation for a period not to exceed six (6) months.
Temporary employees shall not accrue fringe benefits under this agreement. If a
temporary employee is extended beyond six (6) months, he/she shall accrue sick leave,
vacation and seniority from the date of hire the same as a regular employee, Temporary
employees who work beyond six (6) consecutive calendar months will also become
eligible for holiday leave. Temporary employees shall not be employed for more than
twelve (12) consecutive calendar months, unless an extension is mutually agreed upon
by both parties.
Article 4: HIRING AND ADVANCEMENT
4.1 JOB VACANCIES
Notices of position vacancies shall be publicized first to all regular Borough employees
for five (5) working days on the employee bulletin boards. The Union will be notified of
the vacancy during this five(5) day period. Notices of the vacancy will also be copied to
each department. If a qualified candidate is not selected from the in-house applicants at
the end of the five (5) days, the position will then be advertised outside for at least ten
(10) working days. The Union may provide referrals of applicants during this outside
advertising time period.
4.2 TEMPORARY POSITIONS
Temporary positions(positions lasting up to 6 months) may be advertised both in-house
and outside according to the above timelines, however, if immediate assistance is
needed, temporary positions can be filled immediately.
Page 8
Page 34 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
4.3 JOB POSTING
Any position covered by this Agreement which has been vacated or any position that
has been created shall be posted within the Borough. The posting shall state the details
and qualifications applicable to the position. Posting will be on Borough bulletin boards
for a minimum of five (5) working days. Any regular employee may, within five working
days from the date of job posting, present in writing to the personnel department his/her
application. Such application will include all data required by the posting.
4.4 JOB ANNOUNCEMENTS AND PUBLICITY
In order to attract candidates for vacancies, the Borough Manager will issue job
announcements, which will be posted on the Borough bulletin boards and through the
media including but not limited to the local newspaper. Job announcements shall be
clear and readable. They shall include job title, salary range, job qualification
requirements, and examination information (including the time, place and manner of
completing applications and other pertinent information),
4.5 QUALIFICATIONS FOR APPOINTMENT
Employees shall meet the requirements for the respective positions as spelled out in the
job descriptions. The final determination of whether or not the applicant meets the
requirements of a respective position shall be made by the Manager or his designee. If
two candidates are equally qualified for a position in the judgment of the supervisor,
seniority will prevail. Preference will be given first to Kodiak residents, then to Alaska
residents and then to outside applicants. No preference shall be given in the
employment of personnel to persons who are related to any employee of the Borough.
The hiring of any relatives of Assembly members and the Borough Manager is
prohibited.
4.6 SELECTION PROCESS
The applicable supervisor assisted by the Human Resources Officer and a Shop
Steward will evaluate all in-house applications on a numerical basis on a form (drawn
from the position description) and provided by the personnel office. Based on this
evaluation, when two (2) or more candidates are selected for interviews, interviews will
be conducted by the supervisor with the Human Resources Officer and the Shop
Steward in attendance, The oral interview will be conducted with a numerical evaluation
on a second form (drawn from the position description) and provided by the personnel
off ce. In addition, a written examination or demonstration may be required if
appropriate. Interviews of candidates that are not current Borough employees shall
meet all requirements of the position applied for. However, the Shop Steward will not
participate in interviews of candidates that are not currently employed by the Kodiak
Page 9
•
Page 35 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Island Borough. Upon completion of all interviews, the supervisor will make a final
selection.
4.7 JOB ORIENTATION
The Kodiak Island Borough will provide job orientation to each new employee. The
content of the orientation shall be determined by the Manager. Any IBEW information
provided to the Manager will be included in the information packet. A fifteen (15) minute
orientation may be provided by the IBEW Shop Steward after the Borough orientation is
completed. The time for this orientation will be coordinated with the Shop Steward's
department head and the Human Resources Officer. Any Union follow-up questions
and discussion will be considered a union activity.
4.8 ENTRANCE WAGE RATE
The start pay rate for the applicable job classification will be the minimum rate of pay for
new employees. The department head, subject to manager approval, may place a new
employee above the start rate, when such placement is a result of the new employee's
directly applicable work experience and credentials. Assembly approval is required for
any placement above Step C.
4.9 STEP INCREASES
All new regular employees after serving a six-month probationary period of overall
satisfactory performance, as indicated on the Kodiak Island Borough Performance
Evaluation Report form,shall receive a step increase.
Each employee is eligible, if overall performance is satisfactory, for an annual step
increase on each anniversary date when 1560 hours or more of work have been
accumulated, Step increases occur in the manner above in accordance with the
respective wage schedule for each position as set forth in Appendix A.
In the event the department head determines by the evaluation that an employee has
not satisfactorily performed the job, the department head may suspend the employee's
step increase for a period of time during which certain specific improvements must be
made. Notice of such step increase deferral and the reasons for it shall be given to the
employee in writing with a copy to the Borough Manager. When the department head
has determined that the employee has achieved satisfactory improvement, the
suspended step increase may he approved at any time during the extended period.
The suspended step increase will not be retroactive to the employee's anniversary date.
When an employee has received a deferred step increase, he/she will be eligible for
future annual increases one calendar year from the date of his/her last step increase,
Page 10
Page 36 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
provided that during each such calendar year, the employee has completed 1560
condensable hours of service.
Special Merit Increases:
A Special Merit Increase (equivalent to one step) shall be granted to an employee for
outstanding performance, when justified in writing by the department head and subject
to the approval of the Borough Manager. This increase is in addition to normal step
increases and does not affect the anniversary date. Department heads may
recommend employees for special merit increases in recognition of:
A. Outstanding service
B. Special acts of accomplishment
C. Significant achievements in additional and job-related education or specialized
training (outside normal working hours and other than required by the Borough)
which enabled the individual to do his/her work more effectively and from which
the Borough tends to benefit.
4.10 LONGEVITY PAY
A regular full-time employee shall receive an additional monetary benefit based on the
length of employment with the Borough. Any break in employment longer than thirty
(30) calendar days will advance the eligibility date by the number of days in excess of
30. Time served as a temporary employee shall not be included.
The following amounts shall be granted employees employed after July 7, 1983 in
addition to their current pay rate excluding overtime.
A. Ten (10) years of total service, an additional five (5) percent of dollar value of
employee's current pay rate.
B. Fifteen (15) years of total service, an additional five (5) percent of dollar value of
employee's current pay rate.
The following amounts shall be granted employees employed after October 1, 1994:
A. Fifteen (15) years of total service—five (5) percent of dollar value of employee's
current pay rate.
4.11 SHIFT DIFFERENTIAL
Page 11
Page 37 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13A3.
An employee who is assigned to a swing shift (defined as any eight (8) consecutive
hours, excluding lunch, beginning between 4:00 p.m. to midnight) shall receive four (4)
percent premium pay in addition to his/her regular salary for the period served on swing
shift for any day worked as a swing shift. An employee who is assigned to a graveyard
shift (defined as the hours from midnight until 8:00 a.m) shall receive six (6) percent
premium pay in addition to histher regular salary for the period served on graveyard
shift for any day worked as a graveyard shift.
If an employee is assigned to work a swing shift or graveyard shift on a regular basis,
then sick leave, holiday pay, and annual leave will be paid at the relevant differential
percentage. If an employee sporadically works a swing shift as well as normal shifts,
then sick leave and annual leave will be paid at the employee's regular salary.
An employee shall not be required to begin any shift change without a minimum of an
eight(8) hour break between the end of their regular shift and the beginning of their new
shift. The employee shall be notified of this shift change at least twenty-four (24) hours
prior to the beginning of said shift or be paid the applicable overtime rate for all hours
worked on the first day of the new shift.
4A2 TEMPORARY ASSIGNMENTS
At the discretion of the Manager, an employee may be temporarily assigned to some
or all of the duties created by an bargaining unit or non-bargaining unit employee
who is temporarily absent from their position. The temporary higher rate of pay shall be
at Step A of the salary range of the temporarily-absent employee; provided that if the
reassigned employee's pay rate is already higher than or at the same rate as Step A of
the position to be filled temporarily, the reassigned employee shall be paid at the next
higher step (that is, 2.5%) above his/her rate of pay at the time the reassignment
commenced. If this re-assignment is made for more than ten (10) consecutive working
days, the employee shall be compensated at the higher rate of pay.
a. Temporary assignments will not be utilized to avoid filling a vacancy or
newly created position.Temporary assignments are for short-term periods,
not to exceed six(6)months.
b. In the case where a bargaining unit employee is temporarily assigned to a
non-bargaining unit position, the employee will still be considered a non-
exempt employee and shall be paid for any applicable overtime at the
higher rate of pay while in that position.
c. If an employee is assigned to work in a higher bargaining unit or non-
bargaining unit classification for a period of more than thirty (30)calendar
days,the employee will be compensated at the higher rate for holidays and
annual leave taken while in the higher classification.
Page 12
Page 38 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #11.4.3.
4.13 EMPLOYEE TRANSFERS
In keeping with Borough policy to promote within the ranks of Borough employees,
applications from bargaining unit Borough employees will be received during the five (5)
day in-house position posting and qualified candidates will be interviewed. The
Employer may elect to offer the position to a bargaining unit employee if they are
qualified or if the bargaining unit employee could be qualified with minimal training or
experience in a reasonable amount of time. Such bargaining unit employee may be
awarded the position for a sixty (60) day trial period. The employer may, where
appropriate, extend the sixty (60) day trial period. If the employee, after receiving
training, is unable to satisfactorily perform in the new position, the employee may return
to the previously held position without loss of seniority, and with no recourse to the
grievance/arbitration procedure. The employee may opt to return to the former position
within the sixty (60)day trial period. In this event, the rate of pay and anniversary date
shall return to be the same as before the transfer.
When an employee transfers from one position to another having a lower pay range, the
rate of pay shall remain the same unless it exceeds the maximum step in the new
range. If the current rate of pay exceeds the maximum step in the new range, the rate
of pay will be the maximum step in the new range. If the employee's current rate of pay
falls within the range of the lower pay range, the pay shall remain the same and will be
placed on the proper step of the new lower pay range. The employee's anniversary
date shall change to the effective date of the transfer.
4.14 PROBATIONARY PERIOD
All new regular employees shall serve a six (6) month probationary period. Any
employee terminated under this provision shall have no recourse to the grievance
procedure. All benefits and seniority credits shall accrue during the probationary period.
Time served as a temporary employee shall count towards the probationary period if the
employee is subsequently hired into the same position as a regular employee, provided
there has been no break in service greater than 60 days.
4.15 EVALUATION
The Borough, IBEW and employees endorse written evaluation of all employees by
supervisors for the purpose of evaluating the employee's strengths and weaknesses in
their job performance. The written evaluation shall include a rating and comment on
each of the position duties described in the job description and the completion of the
Kodiak Island Borough Performance Evaluation Report. The overall rating on the form
shall be determined by the rater as the best judgment of the overall performance of the
individual. This rating is not a numerical average of the individual factors.
Page 13
Page 39 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Each employee shall be evaluated at least once per year a minimum of thirty (30) days
prior to their anniversary date. If an employee's evaluation is not timely prepared,
the employee's performance shall be considered satisfactory.
In the event an employee receives an unsatisfactory rating in any category of their
evaluation, a personal conference will be held with the employee by appropriate
supervisor, in which his/her problems and suggestions for eliminating these problems
are discussed, A written plan of improvement shall be implemented addressing the
specific areas that resulted in the unsatisfactory evaluation. Detailed written records of
all such conferences will be maintained. The supervisor shall re-evaluate the employee
in writing when the improvements have been made but in no event later than sixty (60)
calendar days following the unsatisfactory rating. A supervisor who has given his/her
notice of termination of employment shall be required to provide current evaluations,
prior to termination,on all employees not evaluated within the last six(6) months.
4.16 PROMOTION
All other things being equal, it shall be the policy of the Kodiak Island Borough to
promote from within the ranks of the Borough employees who meet the prescribed
minimum qualifications for the position as determined by the Borough. Open
positions for promotional consideration shall be posted in the manner as
referenced in Section 4.3. At the end of five (5) calendar days, the department
head may select a candidate(s), If two applicants are equally qualified, the Borough
will select the most senior. When an employee is promoted from one position to
another having a higher pay range, the employee shall receive an increase of one pay
step (21/2%), or the minimum rate of the higher pay range, whichever is greater. If the
employee's current rate of pay falls within the range of the higher pay range, the pay
shall be adjusted to the next higher pay step in the new position's range in order to be
equal to a one step increase above the current pay rate. The employee's anniversary
date shall change to the effective date of promotion.
Any employee who is promoted shall be given a reasonable period, not to exceed ninety
(90) calendar days, to become acquainted with the job and to demonstrate ability to fill
the job satisfactorily. If during the evaluation period the employee demonstrates
unsatisfactory ability for the job, the employee shall be returned to the employee's
former job without loss of seniority and with no recourse to the grievance/arbitration
procedure. The employee may opt to return to the former position within the ninety (90)
calendar days.
4.17 DEMOTION
An employee may be demoted for any of the following reasons:
A. Inability to perform duties adequately.
Page 14
Page 40 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
B. Layoff because of lack of work or funds. When employees are laid off, they may
apply for any available position for which they are qualified.
When an employee is demoted from one position to another having a lower pay range,
the rate of pay shall remain the same unless it exceeds the maximum step in the new
range. if the current rate of pay exceeds the maximum step in the new range, the rate
of pay will be the maximum step in the new range. if the employee's current rate of pay
falls within the range of the lower pay range, the pay shall remain the same and will be
placed on the proper step of the new lower pay range. The employee's anniversary
date shall change to the effective date of the demotion.
A demoted employee shall receive a written performance evaluation after six(6) months
of service in the new position. No step increase will be available until the first
anniversary evaluation is completed for the new position.
Article 5: SEPARATIONS
5.1 RESIGNATIONS
To resign in good standing, an employee must give written notice to his/her department
head at least fourteen (14) calendar days before the termination date, except for those
positions that require a thirty (30) calendar day notice of termination. This requirement
may be waived by department heads when adequate provisions can be made in a
shorter period of time, or extenuating circumstances exist. The department head shall
furnish a copy of the resignation (recognized by the signature of the department head)
to the Borough Manager's Office, the employee for his records, and to the employee's
personnel file. The resignation shall include the reason for leaving Borough service.
Failure to comply with the aforementioned requirements may be cause for rejection of
rehire. Upon approval of the appointing authority, an employee may withdraw his/her
resignation prior to the termination date so long as a commitment has not been made to
fill the position.
5.2 LAYOFFS
The Manager is authorized to lay off employees if:
A. The position has been abolished.
B. There are insufficient funds.
C. There is not sufficient work available to warrant the continuation of employment.
Page 15
Page 41 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
If a layoff is pending, the Manager shall provide the employee a written notice indicating
layoff at least four(4)weeks in advance of the layoff.
If for any of the above reasons, an employee has a loss of employment with the
Borough, the Manager will make every effort to place the employee in another available
job vacancy within the Borough for which he/she is qualified.
Whenever possible, layoff will be accomplished through normal attrition. Further the
Borough may attempt to lessen the impact and extent of a layoff through transfers,
encouragement of unpaid leaves, early retirement or by any other means deemed
appropriate by the Manager and the Assembly. Should a layoff be determined
necessary by the Borough for any reason, the following procedure will apply:
When layoff occurs due to lack of work, such layoff shall be by job classification and the
least senior employee shall be subject to layoff. Such employee shall have the right to
displace another employee only in accordance with the following conditions:
A) The employee subject to layoff must have more seniority than the employee to
be displaced.
B) The employee subject to layoff must meet the qualifications set forth in the
classification job description.
C) The displaced employee must be the least senior employee in a job
classification.
D) Any employee using this procedure must serve a probationary period. If the
employee is not performing satisfactorily in the position, he/she will be disciplined
according to the disciplinary procedure in this agreement. Annual leave may be
used during this probationary period. However, the probationary period will be
extended by the amount of annual leave taken.
5.3 TERMINATION
The Manager is authorized to terminate employment of personnel for cause.
Termination here is defined as a termination of employment for reasons of
unsatisfactory performance of duties.
Following are reasons which constitute grounds for termination of an employee of the
Kodiak Island Borough. The samples provided are not to be interpreted as inclusive.
No regular employee will be terminated for any of the following basic reasons unless a
recent evaluation has pointed out the deficiency and reasonable time allowed, and
appropriate assistance provided to affect a remedy.
Page 16
Page 42 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
A. Incompetence
B. Unsatisfactory Performance of Duties
C. Unexcused Absenteeism
The following reasons are cause for immediate termination:
A. Substance Abuse on the Job
B. Dishonesty
C. Gross Disobedience
D. Abandonment of Duties
All notices of termination will be in writing, with proper notice to the individual and the
reasons for termination will be clearly stated.
This section does not apply to a probationary employee as described in Section 4.14,
nor does this section restrict or limit the authority of the Borough to terminate a
probationary employee.
5.4 DISMISSAL NOTICE AND SEVERANCE PAY
Employees subject to force reduction layoff or dismissed without prejudice shall be
given four(4)weeks' notice and severance pay as follows:
1 —5 years employment 10 working days
5+years employment 15 working days
Article 6: WORK SCHEDULE 8,OVERTIME
6.1 HOURS OF WORK
Regular working hours of Borough employees shall consist of a five (5) day week, eight
consecutive working hours a day, 40 hours a week. Normal working hours will be from
8:00 a.m. to 5:00 p.m. and will include one hour for lunch between the hours of 11:00
a.m. and 2:00 p.m. The standard workweek shall consist of the period from Sunday to
Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard
workday shall consist of the period from 12:01 am. to midnight. Different schedules to
meet department operating needs shall be established and altered by department
Page 17
Page 43 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13A3.
heads with approval of the Borough Manager. Temporary shifting of employees'
working hours to meet routine needs shall be done as necessary and approved by the
department head.
6.2 OVERTIME
Employees not serving in executive, administrative or professional positions, as defined
by the Fair Labor Standards Act (FLSA) and defined as exempt positions in the Kodiak
Island Borough code, are eligible to receive overtime compensation. Overtime
entitlements shall be earned in accordance with the FLSA unless otherwise provided in
the Agreement.
Overtime shall be scheduled as fairly and equally as practicable among employees,
based first on qualifications to perform work and secondly on seniority. All overtime
must be authorized by the applicable department head prior to its performance.
When an employee is assigned to eight(8) hour workdays, all authorized overtime shall
be compensated at one and one-half(1.5) times the employee's applicable rate of pay
for all time worked in excess of eight (8) hours in a workday. Overtime will be
calculated on one-quarter (0,25) hour intervals. Any quarter of an hour (fifteen (15)
minutes) or portion thereof worked, should be reported on the time card as one-quarter
(0.25) hour and paid accordingly (e.g. fifteen (15) minutes is reported as one-quarter
(0.25) hour and sixteen (16) minutes is reported as one-half(0.5 hour).
When an employee is assigned to ten (10) hour workdays, all authorized overtime shall
be compensated at one and one-half (1.5) times the employee's applicable rate of pay
for all time worked in excess of ten (10) hours in a workday.
All time worked in excess of forty (40) hours in a work week, shall be compensated at
one and one-half(1.5)times the employee's applicable rate of pay.
The work week shall be considered to be the period from 12:01 a.m. Sunday to the
following midnight Saturday.
Overtime on Holidays: Overtime hours worked on a recognized Borough holiday shall
be paid at double time for all hours worked in addition to the regular holiday pay.
Employees will be notified by their normal quitting time of the preceding day of any
scheduled overtime work,
6.3 TEN HOUR WORK DAY
By mutual agreement of the department head and the employee involved, a four(4)day
workweek may be established consisting of four (4) ten-hour shifts at the employee's
Page 18
Page 44 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With -..
AGENDA ITEM #13.A.3.
straight time rate of pay. The employee may opt out of this work schedule by giving a
thirty (30) calendar days notice to the department head. This decision may require all
employees involved to revert to a five (5) day workweek in order to properly staff the
office to deal with the public. All employees who are working a four (4) day workweek
shall revert to a five (5) day work week during any week requiring an eight hour day (i.e.
training) or in which a holiday listed in this Agreement is scheduled. However, an
employee may request, subject to approval of his/her supervisor, to take two (2) hours
annual leave for any scheduled eight-hour workday or holiday listed in this Agreement
(to balance out the remainder of the workday) and therefore remain on the four(4) day
workweek schedule, provided the business needs of the Borough and the public are
met.
(e.g.)
Monday(training or holiday) 8 hrs+ 2 hrs leave= 10 hr
Tuesday 10 hrs Wednesday 10 hrs Thursday 10 hrs
6.4 ON-CALL TIME
Hourly employees who are required to be on-call shall receive $100 a week
compensation for carrying and monitoring a beeper. In the event that an hourly
employee is called in to work to respond to a beeper call, the employee will receive time
and one-half compensation for any and all hours worked over 8 in a day and over 40 in
a week.
6.5 OFF DUTY/CALL OUT PAY
When an off duty employee is required to report for duty, the employee shall receive
overtime pay for all time worked portal to portal during such call out. Such employees
shall receive a minimum of one (1) hours pay or will be paid for actual time worked,
whichever is greater.
6.6 REST PERIODS
A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon. Such
breaks must be staggered to keep all offices adequately staffed to deal with the public
at all times. Break schedules must be approved by the appropriate supervisor.
When working other than the normal shift, a fifteen (15) minute rest period shall be
allowed during any work period of at least four(4) hours duration.
6.7 STAGGERED LUNCH PERIODS
Page 19
Page 45 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Lunch hours may be staggered to meet the needs of service. Lunch schedules must be
approved by the appropriate supervisor and shall be between the hours of 11:00 a.m.
and 2:00 p.m.
6.8 FLEXIBLE SCHEDULING OF WORK HOURS
Supervisors are permitted to put their employees on flexible schedules so long as
neither service to the public nor normal office hours are reduced, and so long as the
employees volunteer in writing for flexible scheduling. Flexible scheduling is intended
as an employee benefit; therefore, only employees who volunteer in writing to his or her
supervisor for the flexible hours should be scheduled that way. Hours or work
scheduled outside the standard work week are to be avoided.
Flextime is the scheduling of an employee to work eight (8) hours a day between the
hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee's
supervisor and the Manager or his/her designee. Approval of flexible scheduling prior to
7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and
must be mutually acceptable to the Employer and the Union.
Article 7: COMPENSATION
7.1 COMPENSATION
Effective January 1, 200914, Kodiak Island Borough shall adjust the
salary schedule in Appendix A (1-1-0813) by an increase of five one
and three quarter percent (5:01.75%). The specific wage rates that
are the product of this adjustment are identified in "Appendix A (1-1-
0914)"attached hereto and made a part hereof.
Effective January 1, 201-015, Kodiak Island Borough shall adjust the
salary schedule in Appendix A (1-1-0914) by an increase of two
percent(2%)75%of-the-Aneherage-Sg4-U,-as-measured-from-7-1--08-
to-6-30.09—ln-no-ovent••with the-increase exceed-four-percent-(1.0%)
ner-be-less-than-one-hall ofene-percent-(S%.), The specific wage rates
that are the product of this adjustment shall be identified in "Appendix
A(1-1-4015)"to be attached hereto and made a part hereof.
Effective January 1, 201--416, Kodiak Island Borough shall adjust the
salary schedule in Appendix A (1-1-4015) by an increase of two
percent(2%)75%-ef-theanekorage-6W-U.,-as-measured-from-7 1 09
through-6-30-10— In-no-event will-the-increase exceed four-percent-
(4,0%).-nor-be-lcsc than-one-half of-one-percent-(.5%), unless-the-
opNen-of-a-wage-rased-by-either-party-in-writi•g to the
Page 20
Page 46 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #1313.
other-party-between-September-4-and-November-30-of-the-previous-
y or. It is mutually agreed that the wage reopener-eannet-be-held-prior-
to-September-4-without the-concurrence ef-bath-parties. The specific
wage rates that are the product of this adjustment shall be identified in
"Appendix A(1-1-1416)"to be attached hereto and made a part hereof.
Article 8: LEAVE
8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS}
Leave with pay shall accrue to all full-time regular employees at the following rates
based upon 26 annual pay periods of 80 hours per pay period.
Length of Service Annual Total
0 through 2 years 18 days
Over 2 years but 21 days
less than 5 years
•
Over 5 years but 24 days
less than 8 years
Over 8 years but 27 days
less than 10 years
10 years and over 30 days
For regular part-time employees working less than 30 hours a week and regular full-time
employees working 30+ hours but less than 40 hours a week, annual leave accrual will
be pro-rated based upon normally scheduled hours per pay period.
8.2 ANNUAL LEAVE—GENERAL
Annual leave may be used for vacations, personal business, and periods of illness.
Leave for periods of time not exceeding three (3) working days shall be scheduled at
least 24 hours in advance. Vacation leave exceeding three (3) working days shall be
requested at least two (2) weeks in advance. Vacation leave will be charged to annual
leave. If annual leave is insufficient, leave will be charged to leave without pay if
approved by the Manager.
Supervisors are responsible for permitting employees to utilize all leave earned in any
calendar year. Supervisors and employees must schedule such leave usage in
advance so as not to unduly conflict with or severely restrict the normal work
Page 21
•
Page 47 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
requirements of their respective department. In the event two employees submit leave
requests on the same day and for the same period of time, the most senior employee
will be granted his/her leave request if both employees cannot be spared, unless
unusual circumstances dictate otherwise.
Probationary employees shall not be eligible to utilize annual leave during the
probationary period. Upon successful completion of the probationary period, the
employee will be credited with nine (9) days of accrued annual leave time. Employees
who do not complete the probationary period or who are not retained beyond the
probationary period shall not be credited and paid for their accrued leave for their period
of employment. Employees who, for good and sufficient cause, must be absent during
the probationary period shall be considered in a leave without pay status if approved by
the Manager. Any new employee hired between the first (1st) and the fifteenth (15,h)
days of the month, inclusive,shall be considered to have worked the full month for leave
purposes, and any employee hired after the fifteenth (15`h) day of the month shall be
credited with leave for half a month.
Leave can be accrued from year to year with a maximum accrual limit of seventy-five
(75)working days. Leave continues to accrue during the period of time an employee is
on paid leave. A recognized holiday occurring during an employee's leave period shall
not be counted as a day of leave.
8.3 CASH-IN OF ANNUAL LEAVE
An employee upon written request shall be permitted to cash in up to 80 hours of his/her
annual leave in excess of 80 hours. Such cash out shall be permitted once in a
calendar year. In the event of a serious emergency an employee may cash out any
accrued annual leave in excess of 80 hours. Any cash-in of annual leave must be
approved by the Borough Manager.
8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION
Upon separation of a regular employee, accrued annual leave shall be compensated for
in a lump sum at the present earnings rate of the employee pursuant to AS
23.05.140(b), as that provision may be amended from time to time.
NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: "...If the
employment is terminated by the employer, regardless of the cause for the termination,
payment is due within three working days after the termination. If the employment is
terminated by the employee, payment is due at the next regular pay day that is at least
three days after the employer received notice of the employee's termination of services.
Page 22
Page 48 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
8.5 MANDATORY LEAVE
All employees must utilize a minimum of ten (10) days leave per annum. Excess annual
leave (over seventy-five(75)working days)will automatically be transferred into the sick
leave account at the end of the calendar year.
8.6 DONATION OF LEAVE
Employees may donate hours of annual leave to a fellow employee who has suffered,
or is suffering, a serious personal emergency or disaster such as lingering or terminal
illness of the employee, or of a member of the employee's family, or the loss of home
and belongings due to fire or natural disaster. Leave donations must be requested in
writing and be approved by the Borough Manager. Donations will reflect as a reduction
in annual leave hours to the Donor and an increase of the same number of annual leave
hours to the Donee.
8.7 SICK LEAVE
Each full-time regular employee shall accrue sick leave from the date of employment at
the rate of fifteen (15) days per calendar year pro-rated by 26 pay periods of 80 hours
each regardless of length of service. For regular part-time employees working less than
30 hours a week and regular full-time employees working 30 + hours but less than 40
hours a week, sick leave accrual will be pro-rated based upon regularly scheduled
hours per pay period.
Sick leave is available for use by the employee or if the employee's dependent child or
spouse is sick and requires the physical presence of the employee in the interest of
family welfare. Employees not able to work due to illness shall notify their supervisor
within two hours of the scheduled reporting time. When sick leave exceeds three (3)
consecutive work days, a statement from a licensed health care practitioner may be
required to substantiate the leave taken. If sick leave is not sufficient to cover an
absence due to illness, leave shall be charged to annual leave, then to leave without
pay.
Accrued sick leave may be used during the probationary period. Excess annual leave
(over seventy-five (75) working days) will automatically be transferred into the sick leave
account at the end of every calendar year.
No cash payment will be made to an employee for unused sick leave when the
employee terminates from Borough Service.
Page 23
Page 49 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
8.8 FAMILY/MEDICAL LEAVE
An employee is entitled to the provisions of the Federal Family and Medical Leave Act
and the state law provisions of AS 39.20.500-550, as they may be amended from time
to time, and the following paragraphs shall apply unless in conflict with those provisions
of law. In compliance with the state and Federal Family and Medical Leave acts
(including any amendments) family leave (sick leave) may be utilized by eligible
employees for a serious health condition of the employee, their child, spouse or parent.
Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for
this purpose, with a maximum of eighteen (18) weeks allowed in any twelve (12) month
period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12)
months would then have six (6) weeks remaining to take in the following twelve (12)
months).
The Family and Medical Leave Acts allow for family leave to be utilized by eligible
employees for pregnancy and birth of a child of the employee, or the placement of a
child, other than the employee's stepchild, with the employee for adoption. The right to
take leave for this reason expires on the date one year after the birth or placement of
the child. Up to eighteen(18)weeks within a twelve(12) month period may be taken for
this purpose. The twelve (12) month period will be calculated from the day the
employee first utilizes family/medical leave.
Eligibility— Employees are eligible to use family leave for the purposes outlined above
if they have been employed at least thirty-five (35) hours a week for six (6) consecutive
months or seventeen and one-half (17.5) hours a week for twelve (12) consecutive
months immediately preceding the leave.
The following parental leave policy applies to those employees having worked ten (10)
months preceding parental leave:
Parental Leave: An employee who has been employed for not less than ten
(10) consecutive months is entitled to take a total of six (6) months leave of
absence immediately preceding and following the childbirth or adoption.
The employee requesting parental leave may receive cash payment in lieu of up
to ten (10) days accumulated annual leave. A request for this payment must be
made at least thirty (30) calendar days in advance. The employee who desires
to resume employment following parental leave shall submit a request for leave
at least thirty (30) calendar days prior to any parental leave, unless extenuating
medical circumstances prevent such notice. The employee shall be reinstated
with no loss of time in service.
All family/medical leave will first be charged to sick leave, then to annual leave and then
to leave without pay. Employees may choose to retain a balance of five (5) days paid
Page 24
Page 50 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
leave before switching to leave without pay- Leave without pay provisions as outlined in
this document will apply.
Employee Notice— If the necessity for leave is foreseeable based on an expected birth
or adoption or planned medical treatment or supervision, the employee shall provide the
Borough with at least thirty (30) calendar days notice prior to the expected need for
leave wherever possible. Where thirty (30) calendar days notice is not possible, the
employee is required to provide such notice as is practicable. The employee shall also
make a reasonable effort to schedule treatment or supervision so as not to disrupt
unduly the operations of the Borough, subject to the approval of the employee's health
care provider.
Group Health Coverage—During the time that an employee is on leave under the Act,
the Borough will maintain coverage under the group health plan at the level and under
the conditions that coverage would have been provided if the employee had been
employed continuously from the date the leave began to the date the employee returns
from leave. Employees who pay premiums for health insurance coverage by paycheck
deduction will still be responsible for those premiums while on leave without pay. The
Borough's obligation to maintain health insurance coverage will cease if an employee's
premium is thirty (30) calendar days late. The Borough may recover the costs for
maintaining health insurance coverage for an employee on unpaid leave if the employee
fails to return from the entitled leave period for a reason other than the recurrence or
continuation of a serious health condition or other circumstances beyond the control of
the employee.
Certification — The Family/Medical Leave Act contains a provision allowing employers
to verify the existence of a "serious health condition" before granting an employee's
leave request. Employees requesting leave because of a serious health condition may
be required to produce a"certification" from the treating licensed health care provider of
the patient. The Borough may also, at its own expense, require a second opinion to
ascertain the validity of the certification provided by the treating licensed health care
provider.
Return to Work — The Borough at its discretion may require a certificate from an
attending physician that the employee who has taken family medical leave is able to
return to work.
Employee's Rights Upon Return From Leave — Unless the Borough's business
circumstances have changed to make it impossible or unreasonable, when an
employee returns from leave mentioned above, the Borough shall restore the employee
to the position of employment held by the employee when the leave began; or to a
substantially similar position with substantially similar benefits, pay, and other terms and
conditions of employment.
Definitions- "parent" means a biological or adoptive parent. a parent-in-law, or
a stepparent
Page 25
Page 51 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
"child" includes the employee's biological, adopted, or foster child,
stepchild, or legal ward who is under 18 years of age, or 18 years
of age or older and incapable of self-care because of mental or
physical disability.
"serious health condition" means an illness, injury, impairment,
or physical or mental condition that involves inpatient care in a
hospital, hospice, or residential health care facility; or continuing
treatment or continuing supervision by a health care provider.
8.9 LEAVE-WITHOUT-PAY
Leave-without-pay, if approved by the Borough Manager, may be granted to an
employee not to exceed thirty (30) days. Annual and sick leave do not accrue when the
employee is in a leave-without-pay status longer than ten (10) working days.
Employees who are in a leave-without-pay status longer than ten (10)working days will
also not be eligible for holiday pay. Under the Public Employees Retirement System
(PERS), leave-without-pay exceeding ten (10) working days is not creditable service.
Employees in leave-without-pay status for more than ten (10)working days for a reason
other than family/medical leave will be responsible for paying that portion of the health
insurance premium for the leave taken beyond ten (10) working days. Exempt
employees in leave-without-pay status will not have any reduction in pay for absences
of less than a full day (eight hours) of leave-without-pay in recognition of the fact that
exempt employees are not eligible for overtime pay.
8.10 EDUCATIONAL LEAVE-WITHOUT-PAY
Educational leave-without-pay may be granted for educational purposes directly related
to employment with a specific benefit to the Kodiak Island Borough. Approval will be
contingent upon the work schedule allowing the time to be taken without a disruption to
Borough business. If approved by the Borough Manager, this leave may be granted to
an employee not to exceed one hundred and twenty (120) calendar days. Annual and
sick leave do not accrue when the employee is in an educational leave-without-pay
status longer than ten (10) working days. Employees who are in an educational leave-
without-pay status will not be eligible for holiday pay during the period they are on
educational leave-without-pay status.
8.11 HOLIDAY LEAVE
The following holidays shall be recognized by the Borough:
New Years Day 1st January
Page 26
Page 52 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Martin Luther King's Birthday 3rd Monday in January
Washington's Birthday 3rd Monday in February
Seward's Day Last Monday in March
Memorial Day Last Monday in May
Independence Day 4th July
Labor Day 1s' Monday in September
Veteran's Day 11 lb November
Thanksgiving Day 4th Thursday in November
Thanksgiving Friday Day after Thanksgiving
Christmas Day 25th December
Employee's Birthday To be taken anytime during the Birthday
month.
In addition to Borough recognized holidays, every day designated by public
proclamation by the President of the United States or the Governor of Alaska as a legal
holiday shall also be observed as a holiday for Borough employees. (Alaska Day was
traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's
Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the
preceding Friday shall be observed. In the event of a recognized holiday falling on
Sunday, the following Monday shall be observed. All employees shall be excused from
work on recognized holidays and special holidays, except where the activities of the
Borough require that regular or emergency work be performed. In the event that holiday
work is required, the rate of pay for employees working on holidays shall be at double
time for all hours worked in addition to the regular holiday pay.
8.12 BEREAVEMENT LEAVE
Accrued sick leave, or at the employee's option, annual leave or leave without pay, not
to exceed five (5) days may be used by an employee upon the death of a member of
the employee's, their spouse's or same-sex domestic partner's immediate family
(provided the State of Alaska's Political Subdivision Health Plan Same-Sex Partner
Affidavit is completed and on record with the Borough). Immediate family is defined as
spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents
Page 27
Page 53 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave
without pay may be granted to accommodate required travel.
8.13 WORKERS'COMPENSATION LEAVE
During periods of on-the-job injury recuperation, the employee shall be eligible for
Workers' Compensation Benefits and will be placed on Worker's Compensation Leave.
All fringe benefits will continue to accrue while in this status.
It is the intent of this policy that the employee's take home pay for a period not to
exceed ten (10) weeks will remain the same throughout the recuperation period as
his/her regular take home pay prior to the injury. Sick and annual leave will be used as
follows:
1. The first three (3) days should be sick leave or upon employee request, annual
leave, or leave without pay if no other leave is available. For a new regular
employee on probation status who has not accumulated a combined total of
three (3)days of sick and annual leave, the three(3)days will be charged first to
sick leave, then annual leave and finally the salary line item for the employee.
2. For the remaining days until the end of ten (10)weeks measured from the date of
initial leave taken, an amount equal to the difference between the employee's
take home pay prior to the injury and the amount received from Worker's
Compensation will be paid to the employee by the Borough and charged to the
salary line item for the employee.
If the absence exceeds twenty-eight (28) calendar days and Worker's Compensation
then picks up the original three (3) days of paid leave the employee must repay the
Borough for the three days' pay. The Borough will then credit the employee's records
for deductions as a result of an on-the-job injury. The credit will be applied first to the
salary line item,and then to sick leave.
An employee can remain on Worker's Compensation Leave for up to six (6) months or
until determined to be permanently or totally disabled or permanently partially disabled
and unable to return to work, whichever comes first. The Borough will not, however,
supplement any Worker's Compensation benefits provided for by its compensation
insurance carrier for any settlements of industrial accident claims. When any such
settlement is made, disability shall be presumed to terminate on the date of such
settlement.
8.14 COURT DUTY
Court duty, including jury service, shall be treated as administrative leave from Borough
duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a
Page 28
Page 54 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
witness on behalf of the Borough, or when called as an expert on a matter of Borough
concern, or relating to a Borough function, or the employee's job performance will be
considered administrative leave. Fees paid by the court (other than travel and
subsistence allowance)will be turned in for deposit to the Borough except that fees paid
for court duty that occurs on the employee's normal non-work days may be retained by
the employee. Witness service for personal purposes will be covered by annual leave,
or leave-without-pay, and any fees received in this connection may be retained by the
individual. Employees, upon receiving written notice of being called for jury duty, will
immediately provide their supervisor with a copy of such notice. In the event an
employee is called for court duty in Kodiak, when excused, he or she shall return to
work within a reasonable time, not to exceed one hour. If the employee is serving court
duty outside the City of Kodiak, he or she shall return to work within one hour upon
returning to Kodiak.
8.15 MILITARY LEAVE
Employees who are called up for active duty in a branch of the U.S. Armed Forces or
who are members of a U.S. Military Reserve component shall be entitled to leave and
re-employment benefits as prescribed by State and Federal Laws.
Absence from Borough duty for the purpose of participating as a member of a United
States reserve component, either in active military service of the State, or in military
training, is authorized and will be treated administratively (in the case of the employee
who has completed probationary service) in such manner that the individual will not
suffer a decrease in income or a loss of benefits during the first two weeks of the
military active duty or training period. The Borough Manager will be provided with a
copy of the individual's orders to duty. The absence will be recorded, during the first ten
(10) working days, as administrative leave without charge to the employee's leave
account. Military pay paid to the employee for this period of time (equivalent to 80
hours of work)will be turned over to the Borough.
8.16 UNAUTHORIZED LEAVE
Any absence not authorized and approved, in accordance with the provisions set forth
herein, may be grounds for disciplinary action up to and including termination.
Provided, however, that any employee who has verified that they were unable to return
to duty due to weather and/or an emergency shall not be subject to disciplinary action
under this section.
8.17 SICK LEAVE BANK
All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave
Bank. The Sick Leave Bank shall be administered by the Manager. It is the Manager's
responsibility to approve or deny requests for Sick Leave Bank usage. In the case of
Page 29
Page 55 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.4,3.
denial, the request for Sick Leave Bank usage may be appealed to the Personnel
Advisory Board, The Personnel Advisory Board's decisions regarding Sick Leave Bank
usage will be final.
Each employee enrolling in the Bank will donate one(1)day of his/her sick leave to the
Bank each year, until the Bank is built up to a maximum of three hundred (300) days.
No more days will be added to this maximum until the Bank is depleted to two hundred
fifty (250) days except for new participants. The Finance Department shall maintain an
accounting of the Sick Leave Bank balance at all times. This information will be
available to any member upon request. Contributions will be made to the Bank once a
year in the month of January according to the above limitations. The employee will be
responsible for submitting donation forms between January 1 and January 31. In the
event that the Bank becomes totally depleted during the year,each member of the Bank
may donate additional days up to a maximum donation of three(3)days per year.
An employee withdrawing from membership in the Bank will not be able to withdraw the
contributed days. An employee will not be able to withdraw days from the Bank until all
of his/her own accrued sick leave and annual leave have been depleted. The maximum
number of Sick Leave Bank days available to a member shall be twenty-two (22) days
in any calendar year. In the case of multiple requests, if there are not enough days in
the Bank to cover the requests in full, the available days will be split evenly between the
requesting employees. Employees withdrawing Sick Leave Bank days will not be
required to replace these days except as a regular contributing member.of the Bank,
Employees withdrawing Sick Leave Bank days may voluntarily contribute additional
days to the Bank,
Sick leave days can only be withdrawn from the Bank for the individual member's illness
or injury. Normal pregnancy leave and parental leave not associated with illness or
disability under Section 707 of the Personnel Rules and Regulations are not eligible for
Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the
employee to the Manager and must be accompanied by a letter from the attending
physician. The approval of the request shall be subject to the attending physician's
supportive statement. Approved requests will then be forwarded to payroll for
processing. The Kodiak Island Borough leave form shall be used as verification of sick
leave donated to the Sick Leave Bank.
Qualifications for Membership in Sick Leave Bank:
A. Only regular full time or part time employees are eligible to participate in
the Sick Leave Bank.
B. Only contributing members of the Sick Leave Bank are eligible to use the
Bank,
C. Members may use the Sick Leave Bank only after they have completed
their probationary period. Date of hire will determine eligibility. An
Page 30
Page 56 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
employee may contribute to the Bank as soon as all other requirements
are met.
Article 9: SENIORITY
9.1 SENIORITY
Seniority as used herein shall mean the length of continuous employment by the
Employer within job classifications covered by this Agreement. Employees shall not
accumulate seniority during the period of probationary employment. After employees
have completed the probationary period, seniority shall be dated from the date of hire as
a probationary employee.
The seniority of an employee shall terminate under any of the following conditions:
a) When laid off for a period of twelve(12)consecutive months;
b) When an employee resigns from employment with the Borough;
c) When an employee is discharged for cause; or
d) When an employee temporarily laid off fails to return to work within ten
(10) working days after written notice requesting the individual to return to
work is delivered by certified mail to the individual's last known address or
to the individual personally, or fails to notify the Employer of an intention to
return to work within forty-eight (48) hours after having received such
notification.
In the selection of shifts and vacations, seniority shall prevail insofar as practical in the
best interest of service.
In the filling of vacancies in positions covered by this Agreement, seniority shall be
given full and fair consideration and where ability and qualifications are considered
equal by the Employer, seniority shall prevail, providing that the employee has met the
application time lines as defined in the hiring procedures.
Article 10: DISCIPLINE
10.1 DISCIPLINE
Any employee discharged or suspended for disciplinary reasons shall be furnished, in
writing, the reasons for such action. In the event an employee (other than a
Page 31
Page 57 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
probationary employee) is discharged, the employee may forward to the Shop Steward
a notice of the termination and the reason for the action,
No bargaining unit employee shall be disciplined or discharged without cause.
Bargaining unit employees may at their request have union representation at
disciplinary or investigatory meetings where the employee has been informed or has
reason to believe that disciplinary action could result from the meeting.
It is the intent of the Employer to utilize progressive discipline, however, the level of
discipline will depend on the actual circumstances and severity of the employee's
misconduct.
Progressive discipline would normally be:
1. Verbal Counseling&Warning
2. Written Warning via Disciplinary Action Memo
3. Discharge
Disciplinary Action Procedure: All disciplinary actions, except verbal counseling &
warning shall be documented on a Disciplinary Action Memo to the employee and the
employee's personnel file. The employee shall be given a chance to read the memo. It
shall then be reviewed with the employee and a sincere effort shall be made to obtain
agreement with the employee that facts are stated correctly, that the inappropriate or
incorrect behavior did occur, that it did represent behavior that should be disciplined,
that the discipline is appropriate and that the behavior will not be repeated. If errors are
found,the Disciplinary Action Memo shall be rewritten and again reviewed. Comments
of the employee shall be entered under that heading. The employee shall be requested
to sign the memo and be informed that his or her signature indicates only agreement
that the memo accurately records the discussion, If the Employee refuses to sign the
memo, the statement shall be entered.
"(Employee's Name)read the contents on (date)and refused to sign"
The supervisor may, if necessary, complete reviews of the employee's progress in
correcting the cause of the original action at three, six and nine months - or any other
intervals. These reports shall be made on a standard Evaluation Report form. Thirty-
six months from the date of the action concerned, the Borough Manager shall review
the disciplinary action and if it is determined that the problem has been resolved, all
copies of the Disciplinary Action Memo shall be returned to the affected employee,
provided that a record shall be maintained that a Disciplinary Action Memo had been
filed but was removed.
Page 32
Page 58 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Article 11: TRAINING
11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES
The Employer shall provide, or make available, updated training to qualified employees
as required with the introduction of new equipment, technology, and/or procedures.
11.2 TUITION REFUNDS
Consideration will be given toward reimbursement of 100 percent of the tuition expense,
books, and lab fees if an employee successfully completes coursework considered to
relate to the employee's present duties and to be of benefit to both the Borough and
employee involved.
Written concurrence from the department head and the Borough Manager shall be
obtained in each case before beginning the pertinent course of study. If the reimbursed
tuition amount exceeds $300 the employee shall sign and abide by the following tuition
agreement. The maximum reimbursable tuition amount is$1-,500 $2,500 per employee
per year. The Borough shall not reimburse any employee for tuition and/or associated
costs that have or will be paid by a third party.
Upon successful completion of the course involved, the employee shall furnish his/her
department head with evidence of successful course completion (a grade of C or better
or a certificate of completion) and a receipt of the course fee. Upon approval of the
reimbursement process by the Borough Manager, the reimbursable cost will be paid. In
the event of involuntary termination, the employee shall not be required to repay tuition.
11.3 TUITION AGREEMENT
agree to abide by this tuition agreement and
understand that if I should leave Borough employment within twelve (12) months
after completing the reimbursed coursework listed below that I will be subject to
forfeiture of accumulated leave and/or salary on a pro-rated basis in the amount
equal to the cost of the course(s).
Course:
Location:
Cost:
Date Completed:
Page 33
Page 59 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Twelve (12) months of employment with the Kodiak Island Borough following the
completion of the above coursework results in full forgiveness of any obligation to
repay the Kodiak Island Borough.
Date Employee Name (Print) Employee Signature
Date Supervisor Name (Print) Supervisor Signature
11.4 SPECIAL TRAINING
Employees who attend courses or conferences or receive special schooling that is
reimbursed or paid for by the Borough will be subject to the terms of the following
special training agreement.
Any employee terminating employment prior to working one year after completion of an
approved special training program (defined as any training or schooling for which the
Borough pays $2,000 or more including cost of the training program plus travel), unless
terminated for a justifiable reason, will be subject to forfeiture of accumulated leave
and/or salary on a pro-rated basis in the amount at or above $2,000 of the cost of the
training program plus travel.
When attendance at a training program is mandatory as determined by their department
head, the employee shall be compensated at their regular rate of pay for all scheduled
training hours. In addition, the Borough shall pay for the cost of registration, tuition,
publications, transportation, and per diem, and he/she shall be exempt from signing the
Special Training Agreement.
Approval for training is subject to availability of budgeted funds and must be approved
by the Borough Manager or his designee.
11.5 SPECIAL TRAINING AGREEMENT
To prevent misunderstanding at the time of separation for those employees having
participated in Special Training Programs, the following has been provided:
The undersigned employee of the Kodiak Island Borough understands that the
training for which he/she requests Borough payment(such)training to take place
(Date) (Location of Training)
Page 34
Page 60 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
satisfies the standards set for SPECIAL TRAINING. The undersigned employee
agrees to abide by this special training agreement and understands that if he/she
should leave Borough employment within one (1) year after completing the
reimbursed training that he/she will be subject to forfeiture of salary on a pro-
rated basis in the amount at or above $2,000 of the cost of the training plus
travel.
One (1) year of employment with the Kodiak Island Borough following the
completion of the above training results in full forgiveness of any obligation to
repay the Kodiak Island Borough.
Date Employee Name(PRINT) Employee Signature
Date Supervisor Name(PRINT) Supervisor Signature
11.6 TRAINING
The Employer and the Union will cooperate in encouraging training programs including
government-funded programs, which will provide initial and advanced training for
employees. Within budget limitations, training offered shall particularly emphasize
requirements for occupational certification, job skill enhancement, accident prevention,
employee safety and public relations.
Article 12: BENEFITS
12.1 EMPLOYEE—INSURANCE HEALTH AND WELFARE BENEFITS
12.1.1 The Borough agrees to participate in,and contribute to,the Alaska Electrical
Health and Welfare Trust Fund(AETF),for the purpose of providing certain health and
welfare benefits to eligible regular employees under Medical Plan 551,Dental Plan 601,
Vision Plan 701,Disability Plan 801,and Life and AD&D Plan 901. Immediately following
the transition to the AETF,and effective the first full pay period following this transition,
the Borough will pay into such fund 92.5%of the premium in the amount of$1,584.00,
and the employee will pay seven and one-half percent(7.5'/)of the premium in the
amount of$128.00 up through March 31,2015.
Page 35
Page 61 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Coverage begins on the first day of the first month which falls on or after the employee's
date of hire. Coverage terminates the month following the employee's date of separation
from the Employer or extended leave without pay absences. For example:An employee
hired on June 1 will be covered for June.An employee hired on June 2 will be covered
beginning July 1.
In consideration of receipt of the transferred funds the Alaska Electrical Health and
Welfare Trust Fund and Union hereby agree to indemnify and hold harmless the Kodiak
Island Borough from any and all claims and actions of whatever nature or consequence
arising from the exemption of Bargaining Unit members from the Health Plan, including
any claims arising from no-coverage of eligible employees and qualified spouses or
dependents.
12.1.2 FUTURE INCREASES
The AETF will inform the Borough of any increase in premium amount by March 15 of
each year. Effective April 1,2015,the Borough shall change the monthly medical
contribution to the Alaska Electrical Health and Welfare Trust(rounded to the next dollar)
•
for each eligible employee by 90%of the annual premium increase as provided by the
Trust,with the employee paying ten percent(10%)of the annual premium increase; not
to exceed a 10%increase in the base contribution per annum. The AETF shall advise the
Borough of the pre-tax contribution amount that employee's shall contribute per month
to the Alaska Electrical Health and Welfare Trust through payroll deduction. If premium
increases exceed ten percent(10%),the Union and the Borough agree to meet and confer
over shared cost alternatives.
12.1.3 CONTRIBUTIONS
The Borough agrees to make the appropriate contributions to the health and Welfare
Trust on or before the fifteenth day of the month following the month in which the hours
were worked. The amount the employee contributes,if any,for Health and Welfare Trust
benefits will be split equally between the first two(2) pay periods in each month.
a—Tile-Kodiak-Islam-Bereugh-will-provide-the-AE-TNA-Plan-11-group- alth plan-
coverage-to-all-Borough-employees—
b. Members of-the-IBEW bargaining-unit-shall-net-share-in-the-costs-of-the-monthly
premium-amount-except as follows:
Effective 1/1/09-increase : -- __ -- •-:• • - -- •um-shal4 be shared
with the-Kodiak-4s1a _ a_ _-e- e-. -_- %%-- -- - percent-"s andh he
e�Y ying-twenty-five-per_-• _°. _ - -
e--Goveragesa e e _ -- • _ :-p-Health-Plan II arc listed below.
Coverages-and-costs per month in effect as ef-7/4/08-
Effective July 1, 2014 through March 31, 2015:
Page 36
Page 62 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Coverage Total Premium KB Pays Employee Pays
All Employees $1,712.00 $1,5184.00 $128.00
Employee $ 575.89 S—&14.27 $ 61.62
only
1-136.96 $ 111.11
Spouse
Employee. $ 1,775.74 $ 1,576.88 $ 108.86
Family
Employ__ .. � .. .. $-138•40-
Child(ren)
d. Pursuant-to-Seetien-125 of-the-United States Tax Code,-the-Borough-shall-offer
employees-the-option-of-participating Ma-group- alth plan. Requirements-for-
and benefits of participation-in-the-Heat • _• _ - _ • - -- !' _ _ _
425- Plan, which may be- amended- from- time- to- time- to- conform- to- the-
requirements of Section 125.
The-employee-portion-of—the—premium—shall Le-contributed-in-aeeerdanee-with-the-
Berough-Section-425-Plan-by-those-em..ployees-who-ch °^ to-pa4icipate-under-
e. Employees are eligible-for-participation-in-the-health-and-fife-insurance-programsif-
thee—are regular;non-temporary-employees—E-nrollment-periods-are-at-initial hire-
and at the annual open enrollment period(gencra#y-in-the-Spring).
f No-employee-covered-by-this-plan will-receive health insurance from-more-than
one-Borough--insurance-policy.
g. a. The Borough shall provide, on a non-contributory basis, a group Life and
Accidental Death and Dismemberment insurance plan for each eligible, regular
employee in-the amount equal-to-$75,000. The program of benefits will be as
described in a Master Contract between the Borough and insurance carrier.
h—The-employee-at-his/her-expense, subject-to-the-approval-of-the- insurance-
previder;may purchase-up-to--1-times his/her annual-salary of-additional-life-
insurance for themselves.
i. As a-participant in-the- alth Plan, the employee-also-receives at-no-cost an-
additional $2000 in- Life Insurance and- $5000- in- Accidental Death- and-
Dismemberment-coverage,
jb. Eligible employee is defined as either:
Page 37
Page 63 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
1. a regular full-time employee,or
2. a regular part-time employee working at least fifteen(15) hours per week.
k. c. Regular part-time employees who are eligible for, and elect to have insurance
coverage, shall continue to pay a proportional share of the premium.
mod. An employee on an approved leave of absence may elect to pay the premium
for Borough-wide health insurance during this period, if allowed under the group
insurance contract.
nn--e.The Borough also provides a non-contributory Accident Travel Insurance policy,
which provides $100,000 coverage to employees who are traveling on official
Borough business.
n—f. The Borough will provide continuation of regular health insurance benefits for
employees who utilize family and medical leave and parental leave for a period not
to exceed the time limits outlined in the State and Federal Family and Medical
Leave Acts and the Borough parental leave policy. If the employee pays a
premium for health coverage for dependents, they are still responsible for payment
of their portion of the premium while on leave.
o. g. The Borough will provide a. non-contributory short and long-term disability
insurance program for each employee.
12.1.4 HEALTH CARE REFORM
Should state or federal legislation mandate changes in cost, premiums, care
coverage or penalties, the parties agree to reopen article 12.1.3 Contributions of
the Agreement.
12.2 RETIREMENT
Kodiak Island Borough is a member of the Alaska Public Employee's Retirement
System (PERS). Accordingly, all deductions shall be made according to the regulations
of that system. All employees will receive the PERS booklet and it will also be available
in the payroll and Manager's offices.
12.3 JOINT HEALTH CARE COMMITTEE
The Borough and Union recognize that there have been and likely will continue to
be major changes which affect health care coverage for Borough employees. In
the spirit of cooperation and in an effort to effectively deal with rapidly changing
insurance issues,it is agreed that the Borough and Union will utilize a joint health
Page 38
Page 64 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
care committee comprised of the Borough Manager or their designee, two
individuals designated by the Borough, and two individuals designated by the
IBEW Business Representative to address insurance issues. This committee will
meet on a mutually agreed basis. The committee has no authority to bind the
Borough or the Union and will make recommendations regarding what the
committee believes to be effective measures to deal with health care issues.
Article 13: EMPLOYMENT PRACTICES
13.1 PERSONNEL RECORDS
The Borough Manager shall provide and maintain central files for records of the
personal and work history of each employee in the Borough service. No personnel files
shall be maintained elsewhere in the Borough either by the Manager or department
heads.
Employees shall have access to their own confidential personnel file in the Human
Resources Department at reasonable times in the presence of the Human Resources
Officer or designee. Prior approval by the Borough Manager is required to access
personnel files by other than the employee's immediate supervisor and department
head, Human Resources Officer or designee, or the head of a Borough department in
which an employee has applied for promotion or transfer. Except as provided by law or
required by a court order, all other persons or entities are barred from reviewing an
employee's personnel files without the employee's written consent and upon written
approval of the Borough Manager.Additionally:
1. Employees will be allowed access to their personnel files without the
permission of their supervisors.
2. Employees will not be allowed to remove their personnel files from the
office; however, employees may request copies of documents from their
personnel files and these copies may be removed,
3. Supervisors will not be notified when employees request access to their
personnel files.
4. All copies of Disciplinary Action Memos removed from a personnel file
shall be returned directly to the affected employee, provided that a record
shall be maintained that a Disciplinary Action Memo had been filed but
was removed.
5. No supervisory employee(s) will retain copies of Disciplinary Action
Memos removed from an employee's personnel file.
Page 39
•
Page 65 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Medical records shall be safely secured and kept separate from the employee's
personnel file. Access to these files shall be restricted to the Manager, Human
Resources Officer or designee and the employee. Such records shall not be released
for any reason other than a medical emergency, in which event they may be released to
a licensed health care practitioner, unless the employee gives written consent allowing
the release of his/her medical file.
13.2 PAYROLL PROCEDURES
It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary
written authorization for direct deposit (as available) on a regular basis and in a manner
so that the amount, method, and timing of such payments comply with any applicable
laws or regulations.
Employees will normally be paid on Friday on a biweekly basis. If the regular payday
occurs on a holiday, employees will be paid on the last working day prior to the regular
payday.
Employees on each payday will receive, in addition to their check or deposit advice, a
statement showing gross pay, deductions, and net pay. Local, state, federal and social
. security taxes will be deducted automatically. No other deductions will be made unless
required or allowed by law, contract, or employee written obligation. Employees may
elect to have additional voluntary deductions taken from their pay only if they authorize
the deductions in writing.
When an employee separates from the Borough any wages due shall become payable
immediately and shall be paid pursuant to AS 23.05.140lb), as that provision may be
amended from time to time.
NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: '...If the
employment is terminated by the employer, regardless of the cause for the termination,
payment is due within three working days after the termination. If the employment is
terminated by the employee, payment is due at the next regular pay day that is at least
three days after the employer received notice of the employee's termination of services.
13.3 TIME SHEETS
Copies of the employee's time sheets shall be made available, upon request, by the
employee or his/her designee.
13.4 PAY CHECK ERRORS
Page 40
Page 66 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13,A.3.
In the event an employee disputes the amount of any compensation on his/her
paycheck, the employee shall notify the Borough's designated payroll representative.
The Borough shall rectify any verified paycheck errors upon receipt of such notice.
Paycheck errors of less than 5% of gross pay shall be rectified on the next paycheck.
Paycheck errors that are over 5% of gross pay shall be rectified within 3 working days
after such notice.
13.5 MOVING EXPENSES FOR NEW EMPLOYEES
The Borough Manager may specify positions in high demand and short supply requiring
moving expenses for the purpose of accepting employment with the Borough, upon
approval of the Borough Assembly, Such positions may be reimbursed for actual and
necessary expenses under the following conditions:
a. The employee must be appointed to a position for which the Borough Manager
certifies that such expenditure is necessary to recruit qualified employees.
b. The maximum reimbursable for an employee shall be determined at the time of
employment in accordance with current costs not to exceed the equivalent of one
month's salary.
c. New employees who are assisted with their moving expenses shall be required
to sign the following Transportation Agreement prior to employment. The
Transportation Agreement shall stipulate that the employee will reimburse the
Borough for all or part of such expenditures in the event he or she voluntarily
leaves Borough service, or is discharged for cause, within a period of two (2)
years according to the following schedule:
100%- Less than twelve(12)months
75%- Twelve(12)but less than eighteen(18)months
50%- Eighteen(18)but less than twenty-four(24)months
d. New employees may not be given an advance against moving expenses without
prior written approval of the Borough Manager.
e. It is the responsibility of the appointing authority to see to it that prospective new
employees are aware of pertinent limitations of these regulations before a move
is made.
f. New employees shall be advised by the appointing authority of dollar limitations,
the need for itemized receipts or invoices, the meaning of the Transportation
Agreement, and other pertinent matters prior to their move.
Page 41
Page 67 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
13.6 TRANSPORTATION AGREEMENT
The Kodiak Island Borough and hereby enter into this
agreement concerning transportation costs.
The Kodiak Island Borough agrees to provide an amount not to exceed
$ (a maximum of one month's salary for above noted employee)
to partially defray the transportation costs of a move from
Actual receipts will be provided to
substantiate the above amount of funds.
In return, agrees to remain in the
employment of the Kodiak Island Borough for a period of two years. The above
named employee will reimburse the Borough for all or part of such expenditures in
the event he or she voluntarily leaves Borough service, or is discharged for cause,
within a period of two (2)years according to the following schedule:
100%- Less than twelve(12) months
75%- Twelve(12) but less than eighteen months
50%- Eighteen (18) but less than twenty-four(24) months
At least two years of employment with the Kodiak Island Borough results in full
forgiveness of any obligation to repay the Kodiak Island Borough.
This agreement is effective on this day of , 20_
Manager, Kodiak Island Borough Signature of Employee
13.7 CLOTHING ALLOWANCE
•
Where special clothing or a uniform is required for the position, a clothing allowance
payable quarterly shall be allowed. The yearly amount to be paid shall be based on the
cost of the required clothing as determined by the Borough Manager. The payments
shall be made on the first regular pay day of each quarter.
All payments will be in accordance with current I.R.S. regulations.
13.8 BOROUGH VEHICLES
Page 42
Page 68 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
The Borough maintains pool cars for official travel of its employees. These vehicles are
to be used for Borough business only and shall not be used for private trips. Hitchhikers
are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle
without a current and valid driver's license. In accordance with Ordinance 90-17, there
will be no smoking in any Borough vehicle.
13.9 PRIVATE AUTOMOBILE USAGE
On rare occasions it may be necessary and prudent to use a private automobile in the
performance of official duties. Reimbursement for such travel will be at the current
prescribed rates as determined by the Internal Revenue Service.
No employee will be paid mileage allowance for travel between his normal place of duty
and his residence. Some on-call personnel are provided with the use of official vehicles
as deemed necessary by the Manager or his designee.
13.10 GIFTS AND GRATUITIES
It shall be the responsibility of each Borough employee to remain free from
indebtedness or favors which would tend to create a conflict of interest between
personal and official interests, or might reasonably be interpreted as affecting the
impartiality of the individual employee. If an employee is tendered or offered a gift or
gratuity (de minimis, under$100, gifts will not be subject to this section)which would, in
the eyes of the public or in the eyes of public officials, be construed to be an attempt to
bribe, influence, or to encourage special consideration with respect to Borough
operations, such offer shall be reported without delay to the Borough Manager. Any
person either soliciting or receiving such a gift, gratuity, consideration, or extraordinary
favor will be subject to the disciplinary procedure.
13.11 PROFESSIONAL ORGANIZATION DUES
The Borough will pay dues to one approved professional organization for each
professional member of the staff, where such professional organization is for the
purpose of improving personal abilities and qualifications.
13.12 EMPLOYMENT OF FAMILY MEMBERS
No person may be employed in a position supervised by a family member. Additionally,
family members shall not be placed in a position such that one member has authority to
approve the work, personnel documents, expense account, or time records of another
family member. An exception to this rule will be made if requested by the Borough
Manager and approved by the Borough Assembly. Family members shall be described
as follows: spouse, father, mother, brother, sister, son, daughter, step-mother, step-
Page 43
Page 69 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
father, step-brother, step-sister, stepson, stepdaughter, father-in-law, mother-in-law,
brother-in-law, sister-in-law, son-in-law,daughter-in-law, and grandparents.
A) If two employees marry who are employed in any position in which the office or
employee may be able to directly or indirectly supervise, control or influence the
work or employment status of the relative or the affairs of the organizational unit
in which the relative is to be employed, they shall give immediate notice of the
marriage to the Manager. At an appropriate time, the least senior of one of the
spouses may be transferred to another assignment within the Borough. The
decision to transfer shall not:
1) Alter the transferring spouse's salary and/or benefits, and
2) Alter the seniority standard described above.
B) If one of the spouses agrees to a voluntary transfer, the seniority standard for
involuntary transfer shall not apply.
C) It is agreed that if a Borough employee is to be transferred as a result of this
provision and there is no comparable position available that the Manager may
use his discretion in making reassignment of the individual. However, the
employee shall suffer no loss in salary, benefits, or seniority.
13.13 OTHER EMPLOYMENT
No employee shall engage in any other employment, whether public, private or self-
employment, during scheduled work hours, nor outside scheduled work hours if such
employment conflicts with the Borough's interests or adversely affects the employee's
availability and usefulness.
13.14 TRAVEL
Employees who are traveling out of town on official business will be reimbursed for
reasonable expenses by the Borough. The Borough will provide for and/or reimburse
the employee for transportation costs. Transportation will normally be by air and
supplemented by such ground or water transportation as is necessary. All other costs
incident to such travel, and of a normal and necessary nature will be reimbursed. Such
expenses would include: hotel rooms, auto rental, and telephone. Employees will be
paid a per diem for meals equal to the amount listed in the current US Government
Services Administration (GSA) agency schedule. It should be noted that for non-
contiguous states (Alaska and Hawaii)the GSA uses the Department of Defense Rates.
These rates can be found on the Federal Government web site at http://www.gsa.gov.
The federal government regulations also specify that on the first and last day of travel,
per diem will be 75% of the daily rate. When an employee is on official business not
requiring an overnight stay, per diem will be 75%of the daily rate.
Page 44
Page 70 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
All employees on official travel are expected to make every effort to minimize the cost of
travel. Examples of costs that will not normally be reimbursed are first class air travel,
gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before
embarking on any travel and prior to submitting travel-related check requests for
purchase orders, employees must submit a Travel Authorization Form (see sample form
in Appendix B—Forms Section).
Hotel rooms will generally be reserved and paid using the purchase order system.
Reimbursement may be requested for hotel rooms with proper receipt submittal. An
advance for per diem can be requested prior to travel.
13.15 STRANDED WHILE ON BOROUGH TRAVEL
If due to inclement weather or other adverse conditions, employees traveling on
Borough business become stranded away from their Kodiak office location the following
will apply:
A) The employee will not suffer a reduction in wages or benefits as a result of being
unable to return to his/her principal work location.
B) The employee will be provided with room, as outlined in Section 13.14 above,
and necessary transportation at the Borough's expense.
C) The Borough will reimburse the employee for any other reasonable, necessary
expenses they would not normally have incurred had they been in Kodiak. An
example of such an expense would be reimbursement for any childcare
expenses that might result from the employee being stranded away from Kodiak.
The above will not be reimbursable if an employee has extended histher travel time in
any way for personal reasons and becomes stranded due to taking a later flight than
would have been required when the Borough business was completed.
13.16 SAFETY
It is a fundamental responsibility of the Borough to provide a safe work environment for
its employees. It is a fundamental responsibility of the employees to abide by all safety
rules and regulations and to continuously practice safety while performing their duties.
The Borough will furnish such safety devices and first aid kits as may be needed for the
safety and proper emergency medical treatment of employees. Employees shall use
personal protective equipment as may be prescribed by State or Federal standards or
the Borough. It is the responsibility of each employee to report any unsafe situation to
the supervisor immediately upon recognition of the unsafe situation.
Page 45
Page 71 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
13.17 SAFETY COMMITTEE
A safety committee composed of two (2) representatives from the bargaining unit
appointed by the Union and two (2) representatives from the Borough will review safety
programs,training, and procedures. The committee will have the right to'
a. Recommend specific safely programs and training to be presented to the
employees.
b. Recommend corrective action for unsafe practices, procedures and devices.
13.18 PROHIBITION OF SMOKING
Per Ordinance-No-90 17, adapted-en-85F&3/90-by-the-Kodiak Island-Borough-Assembly-
and-effective en-July-a-7990ral-Kediek-Island-Borough-buildings-and-e€fices-are non-
smoking-areas.
Per Ordinance No. FY2011-06, adopted 12/0212010 by the Kodiak Island Borough
Assembly and effective on January 1, 2011,smoking is prohibited in all buildings
and offices owned or leased by the Kodiak Island Borough at all times; within a
distance of 50 feet outside any entrance, window or ventilation intake system of
any building or office owned or leased by the Kodiak Island Borough; and
smoking on the grounds of the Borough Building is prohibited at all times due to
its proximity to the Kodiak Island Borough School District offices and the Kodiak
High School property.
13.19 DRUG-FREE WORKPLACE
As a condition of employment, all employees are required to sign and abide by the
Kodiak Island Borough's Drug-Free Workplace Policy. In accordance with this policy,
any employee who unlawfully manufactures, distributes, dispenses, possesses or uses
a controlled substance in the workplace or during working hours is subject to
disciplinary action up to and including immediate dismissal. Any employee reporting to
work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action
up to and including immediate dismissal.
13.20 POLITICAL ACTIVITIES
No provisions or part of this Agreement shall abridge the statutory or constitutional
rights of any employee to engage in any legal political activity. Provided, however, no
employee shall, directly or indirectly, during his/her hours of employment, solicit or
receive funds, or at any time use his/her authority or official influence to compel any
Page 46
Page 72 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
other employee to apply for membership in or become a member of any organization, or
to pay or promise to pay any assessment, subscription or contribution, or to take part in
any political activity.
Article 14: NO STRIKE—NO LOCKOUT
14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS
This Agreement is a guarantee by both parties that there will be no form of strikes,
slowdowns, or lockouts during the life of this Agreement.
Article 15: GRIEVANCE PROCEDURE
15.1 GRIEVANCE PROCEDURE
Section 1. Complaints or Discussions. While not considered a grievance as
defined hereafter, employees and/or the Union Stewards may engage in informal
discussions with Management to attempt to settle or prevent problems prior to a formal
. grievance in writing, being filed.
Section 2. Grievance Definition. A grievance is hereby defined as a claim
violation, misinterpretation, inequitable application, or noncompliance with the
provisions of this Agreement or any supplemental agreement. A grievance shall be in
writing, and shall include the following:
a. The nature of the grievance and the circumstances out of which it arose,
including the date of occurrence or the date when the grievant(s) became
aware of the problem.
b. The remedy or correction the Employer is requested to make.
c. The section or sections of the Agreement relied upon, or alleged to have
been violated,
d. The signatures of the grievant(s) and the shop steward.
e. The date the statement of the grievance was prepared.
Page 47
Page 73 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Section 3. Procedure. All grievances shall be presented to the employee's
immediate supervisor as soon as practicable but in no event later than ten (10) working
days.
Step One. Within ten (10) working days after written presentation of an
alleged grievance, the effected employee and/or employees, and the Shop
Steward shall discuss the written grievance with the designated management
representative for the work function to which the employee or employees are
assigned, in an effort to resolve the dispute or difference.
Within these ten (10) working days, the Employer will reply, in writing, to
the Shop Steward. If this reply is unsatisfactory the alleged grievance may be
moved to step two, provided written notification of such move is made within five
(5)working days following the receipt of the management's step one response.
Step Two. Within ten (10) working days after receipt of the notice from
step one, the Union Business Representative and the Manager shall meet and
discuss the alleged grievance. The Employer shall respond in writing to the
Union within these ten(10)working days.
Section 4. Arbitration. Grievances which have not been settled under the foregoing
procedure may be appealed to arbitration via the personnel office within ten (10)
calendar days from the date of the answer in step two, or if the grievance is not
appealed to arbitration it shall be considered terminated on the basis of the second step
answers of the parties without prejudice or precedence in the resolution of future
grievances.
If a request for arbitration is tendered, the Union and the Employer shall confer within
five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no
agreement can be reached, the parties shall select an arbitrator by the striking method
from a list of ten (10) arbitrators supplied to the parties by the American Arbitration
Association (AAA). The Arbitrator shall be selected within (5) working days. The order
for striking shall be determined by a toss of a coin. The Union Representative shall toss
the coin and the Management Representative shall call out his choice. Arbitration shall
commence as soon as possible following the appointment of the arbitrator. The
applicable fees and expenses of the arbitrator shall be borne equally by the parties.
Each party shall be responsible for the expenses of its own witnesses and any other
expenses incurred on behalf of that party.
Section 5. Authority of the Arbitrator. The arbitrator shall conduct a hearing
according to generally accepted standards and procedures for grievance arbitration.
The arbitrator shall have no authority to add to, alter, delete or modify the labor
agreement or to issue any award on a matter not raised in the complaint. The decision
of the arbitrator shall be final and binding on all parties.
Page 48
Page 74 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Section 6. Time Limits. Failure of either party to act within the time schedule set
forth in this procedure without the express written agreement of the other party will be
considered a default and the grievance shall be considered to be settled in favor of the
non-defaulting party. The parties may mutually agree in writing to modify the time limits
at any step of the grievance procedures.
The mailing of the grievance appeal or response shall constitute a timely appeal or
response if postmarked within the appeal/response period. Both parties will provide the
other with a list of designated representatives and addresses.
In the application of this article, "working days" shall exclude Saturdays, Sundays, and
holidays recognized by this Agreement. Nothing in this section shall be construed to
prevent settlement of a grievance by mutual agreement of the parties at any time.
Article 16: UNION REPRESENTATIVES
16.1 UNION REPRESENTATIVES
Duly authorized representatives of the Union shall be permitted to enter into the
Employer's premises during normal business hours for the purpose of investigating
grievances and performing other essential functions as representatives of the
bargaining unit. Essential functions are defined as the following:
a) Ensuring compliance with the Agreement
b) Investigating grievances
c) Negotiations
d) Investigation of safety issues
e) If invited by the Borough Manager or his designee
f) Employee representation within terms of Agreement
The Union agrees to notify the Borough's designated representative prior to any such
visits.
It is not the intent of the Union to disrupt work functions and it is not the intent of the
Employer to limit the Union in its rights.
16.2 SHOP STEWARD
There shall be three (3) Shop Stewards appointed by the Union. The Shop Stewards
will be selected from non-supervisory positions. The Union shall promptly notify the
Borough of the names of the Shop Stewards and shall notify the Borough whenever
changes occur.
Page 49
Page 75 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Section 1. Definition of Duties. The duties and activities of the Shop Stewards shall
include handling of complaints and grievances, administration of the Agreement, Union
orientation of new employees and other duties as mutually agreed upon by the parties.
Section 2. Scheduling of Activities. The Shop Steward positions are working
personnel, and as such the Shop Stewards shall arrange with their appropriate
supervisors, mutually agreed to times to conduct Union activities. The Shop Steward
may spend a reasonable amount of time during working hours, without loss of pay, to
handle grievances and other duties and activities as mutually agreed upon by the
parties, pertaining to their areas of appointment. Shop Stewards will not be terminated
until the Borough Manager has notified the Union stating the cause for termination.
Article 17: UNION SECURITY
17.1 UNION SECURITY
All employees coming under the terms of this Agreement are required by the Union to
maintain their membership in good standing for the life of this Agreement and any
renewal thereof. The Union shall be responsible for the enforcement of any Union
membership requirements. The Borough will have no enforcement responsibility for
Union requirements.
17.2 DUES DEDUCTION
During the term of this Agreement, the Employer shall deduct from the wages of
employees covered by this Agreement the membership dues or equivalent service
charge for those employees who individually and voluntarily authorize such deductions
in writing by signing an authorization for payroll deduction of Union dues. Deductions
will be submitted by check to the IBEW L.U. 1547 each month with a list of individual
names and amounts withheld. The Employer will not be held liable for deduction errors
but will make proper adjustments with the IBEW L.U. 1547 for any errors as soon as
possible. The Union agrees that the Employer assumes no responsibility in connection
with deduction of monies except that of forwarding monies deducted as set forth in this
Article. The Union shall indemnify the Employer and hold the Employer harmless from
any and all claims against the Employer for the amounts deducted and withheld from
earnings.
17.3 GOOD STANDING WITH UNION
All employees of the Borough coming within the classifications covered by this
Agreement are required by the Union to be members thereof in good standing and shall
share in the cost of maintaining and operating the Union as their collective bargaining
Page 50
Page 76 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
•
agency in accordance with its rules. The Borough recognizes the Union reserves the
right to discipline its members for any violation of Union laws, rules or agreements.
The Union may go to court to collect dues, fees, assessments, or their equivalents,
which are owed to it by a Borough employee. The Borough recognizes that should the
Union incur attorney fees or costs as a result of a successful collection action against a
Borough employee, the employee must reimburse the Union for the full amount of the
Union's attorney fees and costs, as ordered by the court. A Borough employee's
employment status with the Borough will not be affected if an employee is delinquent in
his or her financial duty to the Union.
17.4 POSTING OF AGREEMENT
A copy of this Agreement shall be posted on the bulletin boards at each IBEW
represented facility by the Union or its representative where it may be readily referred to
by employees.
17.5 BULLETIN BOARDS
The Borough shall permit the Union to use reasonable space on designated bulletin
boards furnished by the Borough at each IBEW represented facility for the purpose of
posting officially signed Union bulletins and notices.
17.6 UNION ACTIVITIES
No Union activity shall be conducted during the Employer's working hours, except as
specifically provided in this Agreement.
Article 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
The parties are committed to the principle of equal employment opportunity in all
employment practices. Employees shall not be discriminated against with respect to
compensation, terms or conditions of employment because of age, sex, sexual
orientation, marital status, changes in marital status, pregnancy or parenthood, race,
religion, color, national origin, union activity or disability.
Article 19: GENERAL PROVISIONS
Page 51
Page 77 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
19.1 EFFECT OF AGREEMENT
Conformity to Law If any article of this agreement is held invalid by operation of law or
by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
article is restrained by such tribunal, the remainder of this agreement shall not be
affected thereby. The parties agree that any portion of this agreement rendered invalid
by operation of law or by any tribunal of competent jurisdiction will be automatically
amended to comply with the law or tribunal ruling. If the court order is not specific in
terms of how the invalidated article should apply then the parties hereto agree that
within thirty (30) calendar days after a provision has been declared invalid, they will
commence negotiations with regard to such invalidated provision(s). In the event the
parties do not reach agreement on contract amendments with regard to the invalidated
provisiona the matter shall be submitted to arbitration in accordance with the
procedures set forth in this Agreement.
19.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of the parties hereto
for its term.
19.3 PRODUCTIVITY
It is recognized by both the Borough and the Union that providing the most efficient
service to the taxpayer is of utmost priority. The Union recognizes that the
establishment of productivity improvements to ensure efficiency is the right and
obligation of the Borough. The Borough agrees to inform the Union of the
implementation of any new productivity improvements.
19.4 IMPASSE PROCEDURE
a. Upon written request for mediation by an employee bargaining agency or the
Assembly, and upon certification by the requesting party that the parties cannot
agree on an independent private mediator and that good faith negotiations have
terminated in an impasse, the following occurs:
1. Within seven (7)days of the certification, the requesting party shall ask the
United States Federal Mediation and Conciliation Service to serve as the
agency to resolve the dispute. In the event the Federal Mediation and
Conciliation Service implements charges for the services of the Federal
Mediator, charges for such mediator would be borne equally by the
parties.
Page 52
Page 78 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
2. The mediator shall chair all mediation meetings between the disputing
parties and attempt to resolve the differences between the disputing
parties and reach common acceptance of terms and conditions or other
items in dispute, wherever possible.
3. Within thirty (30) days of the initial meeting of the parties to dispute, the
parties shall have reduced all the agreed terms, conditions, and other
items to a written contract. If mutually agreed, the period for reporting the
contract to both parties may be extended.
4. Each party to the dispute may select a team of not more that five (5)
persons to present the evidence, thinking and position of the group they
represent to the mediator.
b. If the mediation meetings are held during the workday, employees representing an
employee bargaining agency shall be released from normal duties without penalty
or loss of pay. The Borough will be reimbursed by the bargaining agency for the
straight time wages for time spent on mediation activities.
c. Solutions for Agreement
1. Within ten (10) days, each party of the dispute shall accept or reject in
total the mediation solutions for agreement.
2. If rejected by either party, the mediator shall have an additional five (5)
days to review the objections and recommend any final solutions.
3. If the solutions are rejected by either side, each party shall reduce to
writing its last best offer and submit it to an Employee Relations Board
which shall review the issues and which shall choose either the Borough's
or the Union's last offer or a compromise position between the two offers.
The Board shall recommend its position to the two parties as the solution
to the disputed language of the Agreement.
4. The Employee Relations Board shall consist of three members. One
member shall be appointed by the Manager and confirmed by the Borough
Assembly. One member shall be appointed by the Union. The third
member shall be chosen by and mutually acceptable to the other board
members. Members of the Employee Relations Board must be residents
of the Borough. Members of the board may not be elected officials,
employees of the Borough, nor members of any labor organization which
represents, or is attempting to represent Borough employees.
5. The parties agree to meet and discuss the Employee Relations Board
findings within ten (10) days of its receipt and resolve the dispute.
Page 53
Page 79 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
19.5 SCOPE OF AGREEMENT
This Agreement shall cover and apply to all work that has been traditionally performed
for the Borough by bargaining unit employees in the classifications set forth in this
Agreement as well as any new work that would emerge as a result of new technology.
19.6 NOTICES
Notices required under the provisions of this Agreement, unless otherwise specified,
shall be served by the Employer to the designated Business Representative,
International Brotherhood of Electrical Workers, Local Union 1547 (IBEW), 3333 Denali
Street, Anchorage, Alaska 99503, for service upon the Unions; and to the Borough
Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, for service
upon the Employer. The date of receipt of such notices shall be the controlling date for
the purposes hereunder. Each party shall promptly inform the other of any change in
the addresses set forth in this section.
19.7 COMPILATION OF AGREEMENT
A final report of the Agreement shall be compiled by the Borough and presented to
IBEW for review and agreement on format. Before printing, a cost estimate will be
prepared by the Borough and presented to IBEW for review. If the cost estimate is
unsatisfactory to IBEW and IBEW can obtain a lower cost for the printing, then IBEW
will assume the responsibility for printing. The cost of this printing shall be borne
equally by the IBEW and the Borough.
19.8 NEGOTIATIONS PROCEDURE
a. Negotiations may be requested by either party prior to August 15 of the fiscal year
in which the contract may expire. Such negotiations shall begin no later than
September 1 of the same fiscal year. Meeting shall be held as necessary at times
and places agreed upon by the parties.
b. Requests for negotiations from the IBEW will be made directly to the Manager.
Requests for negotiations from the Borough representative shall be transmitted
through the Manager to the IBEW designated representative. Negotiations shall
be conducted between September 1 and November 30. It is mutually agreed that
the negotiations cannot be held prior to September 1 without the concurrence of
both parties.
c. After negotiations have been undertaken, this agreement will remain in full force
and effect so long as the parties continue to bargain together in good faith;
provided, however, that the agreement which results from such negotiations will
be effective as of the expiration date of this Agreement.
Page 54
Page 80 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
d. The negotiating meetings may be held in closed session upon mutual agreement
of both parties, but all final agreements shall be made at a public meeting of the
Assembly. The first meeting will be held in closed session. The ground rules will
be developed and signed-off prior to the beginning of formal negotiations. During
this first meeting the IBEW and the Borough Manager will designate team
members and spokespersons for the pending period of formal negotiations. Also,
at this time, each party will submit a listing (table of contents) of each item it
wishes to place in the new agreement. No item will be the proper subject for
negotiations unless contained in either list.
e Negotiating Team: No more than seven (7) designated representatives of the
Borough Manager plus a spokesperson will meet with no more than seven (7)
representatives of the IBEW plus a spokesperson for purposes of negotiations. All
negotiations shall take place exclusively between the designated representatives
of the parties.
f. Consultants may be called upon by either party and utilized on the negotiation of
any matter being considered by the negotiation committee. The party employing
such consultants shall give notice of their intent to use such consultants in the
meeting prior to their use. Consultants shall present only factual information.
Costs and expenses resulting from the use of services of such consultant shall be
borne by the party engaging their services.
g. The Borough and IBEW agree to participate in"good faith" negotiations.
h. The Borough and the IBEW agree that all matters of wages, hours and other terms
and conditions of employment shall be considered proper items for negotiations.
i. The Agreement: When agreement is reached between the parties on all
proposals, the proposed Agreement shall be reduced to writing and submitted to
the bargaining unit for ratification within thirty (30) calendar days. After ratification
by the bargaining unit employees, the Agreement shall be recommended to the
Assembly. The Assembly will take action at its next regular or special meeting.
Upon approval and after necessary action by the Assembly or its authorized
agents, the terms of the Agreement shall be implemented.
j. Resolving Differences: In the case an Agreement has not been reached in
negotiations by January 1, the parties shall follow the impasse procedure. The
January 1 deadline can be extended by mutual agreement.
k. All dates may be changed by mutual agreement.
19.9 MEET AND CONFER
Page 55
Page 81 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13,A.3.
The parties agree that they will meet and confer at reasonable times and places
concerning this Agreement and its interpretation or any other matter of mutual concern
and/or benefit to the employees of the Kodiak Island Borough. The parties further agree
that either party may request, in writing, that the parties confer within fourteen (14)
calendar days after the date of delivery of the request, which request shall specify the
matter to be discussed. An inexcusable refusal to meet and confer in response to such
request shall be a violation of this Agreement. There shall be no obligation on the part
of either party to reopen, modify, amend or otherwise alter the terminology or
interpretation of this Agreement or to make any other agreement as a result of any such
conferences, nor shall the requirement for such conferences alter the rights or
obligations of the parties under this Agreement. However, both parties agree to
thoughtfully consider the concerns expressed by the other party on the stated issue.
Article 20: TERM OF AGREEMENT
20.1 TERM OF AGREEMENT
This agreement shall become effective at 12:01 a.m. of-the-first-day-of-the-month-after
bo' avG signed-this-Lettor of-Agreement, it has-been-ratified-by-the bargaining-
unit-and-it-has been-approved-by-the-Kodia14s land-Borough-Assembly- on January 1,
2014 and this agreement shall continue in full force and effect through and including
midnight on December 31, 201416, unless amended according-to-the-seet,°section-titled-
Amendment-of-Agreement-contained-in as referenced in Section 20.2 of the CBA.
20.2 AMENDMENT OF AGREEMENT
This Agreement may be amended at any time by mutual consent of the parties hereto.
Such amendment shall be reduced to writing and state the effective date.
Article 21: LABOR-MANAGEMENT COMMITTEE
21.1 The parties agree to form a Labor-Management Committee. The Committee
shall be composed of the Manager, or designee, and three (3) Management
representatives and the Union Business Representative and three (3) bargaining unit
representatives. The Committee shall select a chairperson from its membership. A
quorum for Committee meetings shall be a simple majority of its members, and
Committee recommendations shall be based on the majority vote of Committee
members who participate in person or telephonically in the committee meeting.
21.2 The Labor-Management Committee shall meet quarterly at a date and time set
Page 56
Page 82 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
by the chairperson during KIB business hours unless there is no business to conduct.
Meetings generally will be held at the Borough building. Members of the Committee
who are located elsewhere may attend and participate telephonically.
21.3 The Committee shall be empowered to consider and recommend improvement
in KIB policies, practices, and procedures which affect bargaining unit employees,
including but not limited to workplace safety, employee training, service to the public,
benefit utilization and similar topics of mutual concern to the parties. The Committee is
not a substitute for the Grievance and Arbitration procedures incorporated in this
Agreement, and shall not be used for that purpose. Individual and class grievances
shall be processed through the Grievance and Arbitration procedures.
21.4 The Employer shall give consideration to recommendations regarding matters of
management prerogative, but shall not be required to implement such
recommendations. Neither the Employer nor the Union shall be required to accept
recommendations made by the Committee which would affect wages, hours and terms
and conditions of employment covered by this Agreement, and implementation of any
such recommendations shall require the mutual written consent of the Employer and the
Union.
Page 57
Page 83 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1547
AGREED to this clay of , 2014.
By:
Larry Bell, Business Manager
Debra Blanchard, Business Representative
William Bissett, Shop Steward
Jeffrey Johnson, Shop Steward
Shop Steward
KODIAK ISLAND BOROUGH
AGREED to this day of , 2014.
By:
Charles E. Cassidy Jr,, Borough Manager
Attest: _
Nova M. Javier, CMC Borough Clerk
Page 58
Page 84 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
0
0
0
z
0
T
N)
N
O_
A
W
0
O
co
O
v
oo
Aetna Insurance Costs
Last 10 years
5
4,000.00
(0 3,500.00 -
m
3,000.00
2,500.00 Self
2,000.00 Children
1,500.00 -- - Spouse
1,000.00 —_ � ,► Family
500.00
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
G)
0
m t7
00 )■■•
o y
N m
4t
J
W
AGENDA ITEM #13.A.3.
History of NECA Inside and Outside Health and Welfare rates
Updated: 04/02/13
INSIDE AGREEMENT r OUTSIDE AGREEMENT
Date Rate From Increase Date Rate From
4/1/2003 $6.30 Trustee 7.50%1 4/1/2003 $6.30 Trustee
3/1/2005 $6.75 Trustee 7.50%1 3/1/2005 $6.75 Trustee
5/1/2007 $7.45 Trustee 10.37%1 5/1/2007 $7.45 Trustee
5/1/2008 $7.82 Trustee 5% . 5/1/2008 $7.82 Trustee
4/1/2009 $8.20 Trustee 5%1 4/1/2009 $8.20 Trustee
4/1/2010 $8.62 Trustee 5% .- 4/1/2010 $8.62 Trustee
4/1/2011 $9.15 Trustee 6% 4/1/2011 $9.15 Trustee
4/1/2012 $9.63 Trustee 5.3% 4/1/2012 $9.63 Trustee
4/1/2013 $10.53 Trustee 9.15% 4/1/2013 $10.53 Trustee
4/1/2014 $11.06 Trustee _ 5%, 4/1/2014 $11.06 Trustee
65.82% divided by 10 years 0.06582 Average increase
•
•
Page 86 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
r;;....,, Kodiak Island Borough
Nf
Payroll Office
{,' ° I
nor}S't? .i 710 Mill Bay Road
''!7 ter Kodiak, Alaska 99615
Phone (907)486-9322 Fax(907)486-9392
•
TO: All Employees
FROM Amy Geer Finance,Payroll&Benefits
DATE: May 9.2014
SUBJECT: Annual Open Enrollment
Annual open enrollment for the Kodiak Island Borough Aetna Hearth Plan is May 12 n'tgh May 24, 2014.
During this time you may add or drop eligible dependent coverage. The comparison to the prior years'
premiums is included for informational purposes only.
The deadline for submitting a change Is May 24,2014.
Changes will become effective on July 1,2014.
Please notify me if any of the following information needs to be updated in your employee file:
• Current phone number and address
• Emergency contact info,
• Beneficiary names and phone numbers.
• Marital status
Monthly Aetna premiums effective 7-1-2014 for Regular Full-time Employees:
Coverage Full Rate Employer Employee Bi-Weekly
Self $1,179 83 $967.23 $212.61 $105.30
Employee+Children 2,187.85 1,790.28 397.57 198.75
Employee+Spouse 2,651.04 2,164.18 486.86 243.43
Family 3,658 36 2,988.84 669.52 334.76
Premiums for prior year 2013
Coverage Full Rate Employer Employee Bi Weekly
Self 1,157.35 950.37 206.99 103.49
Employee+Children 2,147.35 1,759.91 387.44 193.72
Employee+Spouse 2,594.59 2,121.84 472.75 236.38
Family 3,583.87 2,932.98 650.90 325.45
Page 87 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM#13.A.3.
........................
NIB Health Insurance Plan Comparison AETNA(existing) Alaska Electrical Health&Welfare Trust
Fund
LIFE INSURANCE 953
Lite Insurance 575.000 550,000
Accidental Death&CITY INCetmeM 3758001537500 550000
DISABILITYINCOME cupati1
Non First day
only
Weekly benefits begin re[ Accident 8th day rosFirst day
Sickness 30th day Eighth day
Maximum weekly benefit 5138500 $375 tbs113 weeks.$275 next 90 weeks
also LT disability benefit lip m$6.006tmo_
DENTAL Plan 601
Annual ertle: $50.00 None
%Payable: Part I Preventative 80 90%
Pad II-General 80% 90
Pad III Major 50% 90%
Annual Maximum: $1500 52.000
Orthodontia not covered Childrmb$AA,50%lifetime max$2000
VISION Plan 701
Exam(every 12 months)Copaymenl $10
Reimbursement Percentage 80% 100%In-Network
Lens(every 12 months)Copaymenl 520
Reimbursement Percentage 80% 100%In-Network
Frames(every 12 months)Copaymenl every 24 months $20
R9imbwse;neni Percentage 00% $120 albwaece and 23%discount
61 imuubt or excess In-Network
Contacts 80%(2 lenses) $120 atowance pen 12 months and
not In exceed single Anse coverage 15%disco anted on trling exam
MEDICAL Plan 551
Copay: None Note
Deductibles:
Per Calendar ear $500 Individual 5500 Individual
51,500 Family $1000 Family
Per Hospital Confinement 80%after der Addible 1st any room 5 board
Reimbursement Percentage 80%in Network 85%at PPO
(Percent Payable by the Plan) 85%when PPO is not available
80%out of Network 65%Non-PPO(when PPO is avail I
Annual Out-of-Pocket Limit 51,000 individual.none family $5,00 Family benefit 90%
$5,2U0 Family benell @ 100%
Organ Transplants 80%in Network 80%out of network No(rotation
Chiropractic Services — 80%per vi sit aller SIC co-pay Max knurl of 24 visits a ually
(per person,per calendar year) all other 80%per visa per year Maximum allowable expense
X-rays at 80% per visit of 5125.benefits
are gab at normal plan%
X-rays for Hobo.3300 max petyear
Mental or nervous disorders 80%Physician s 5er-fines Annual 03380um of 30 inpatient days
80%Other than room a board Potnuai nwximm o124 outpatient visas
80%Room and Board (obi 55bont wit be paid at 50%,abet
to(Aunt dedadibbs are met)
Substance Abuse Treatment 80%Ph
than om
services
proatmenlissuM1jeU to Plan PPO Other Room nd Board Subject to deductible limits iit and
Precp 80et Room Mad Order Retail pocket de
Prescription Mxmm DmgBeD inpe Retail Mail Order pet au M0-ay supply
Quantity Dlspensad 30-day supply 90$10 supply 30�Oay supply BO$30 supply
Generic 0 S$3 $35 $30
Brand IRrelzrelenea l wove >.mpeml $75 $30 $ edD
Brand ipa of-pocket int'l blel $75 $30 Na N Individual
Prescription ouFOl-pocket Wu( None 575510 Family
$t50a Faddy
Lifetime Maximum Unlimited Unlimited
Subsidized retiree medical coverage No Yes(medica)coverage ony)
Current Total Mouthy Cost - 51,061*
Employee Employee 5206-KIB 5950
Employee*Spouse Employee 5472-KIN 52.122
Employee-e Children Employee 5388-KIB$3759
Emdoyee*Family Employee$550-KW 52932
NOTE The 204 reovnwnmrenrerseNr torte aayyead on Be lost 354690,n covered charges it Y nos to(fie:Ad-Of-pocket'hand
Fathe dash h¢wdal PRO-the 05octed eaatgaBtgl set excemine caeNanetl late attne PRO lannty n
IMxn mrvrdad m be a..an r coy Maareelaceemeoe.math Plan P.mvsw.0 wroap{eM Please see tea Psa:Bwkro:his vbta/a
Page 62 of 214
Contract No.FY201437 Collective oargoining Agreement Vvith_.
AGENDA ITEM #13.A.3.
KIB(employer)Cost
Union Members
Aetna I8EW Monthly Annual
Employer Premium C employees Cost Con Saving Savings
Employee-Single 14 967 13,538 1.584 22.170.40 (0632.40) (103,588.801
Employee Children 4 1,790 7,160 1,584 6,334.40 875.60 9,907.20
Employee+Spouse 9 2,164 19,476 1,584 14,252.40 5,27360 62,683.20
Family 10 2,989 29,890 1,584 15,836.00 14,054.00 168,648.00
37 70,064 58,593.20 11,470.80 137,649.60
Non-Union Members
Aetna 18EW Monthly Annual
Employer Premium It employees Cost Cost Saving Savings
Employee'Single 6 967 5,802 1,984 9.504.00 (3,702.00) (44,424001
Employee+Children 1 1,790 3,790 1,534 1,58400 706.00 2,472.00
Employee Spouse 3 2.164 6,492 1,584 4,752.00 3,740.00 20,880.00
Family 3 2,989 8,967 1,584 4,752.00 4,21500 50,580.00
13 23,051 20,592.00 2.459.00 29,59600
Total KM(employer)cost
Aetna 18EW Monthly Annual
Employer Premium 4 employees Cost Cost Saving Savings
Employee-Single 20 967 19,340 1,504 31,68090 (12,340.00) (148,000.00)
Employee+Children 5 1,790 8,950 1,584 7,920.00 1,030 00 12,360.00
Employee Spouse 12 2,164 25,968 1,584 19,008.00 6,960.00 83,520.00
Family 13 2,989 38,857 1,584 20,492.00 18.26800 219.18000
50 93,115 79,20000 13,915.00 166,91000
Page 89 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13A3.
Employee Cost
Union Employees
Aetna MEW Monthly Annual
Employer Premium 8 e loaves Cost Cost _ Setting Saints
Employee-Single 4 213 2,932 128 1,792,00 1,190.03 14,280.00
EmplOYee 4 ChIldren 398 1,592 128 512.00 1,080.00 12,950.00
Employee•Spouse 487 4,383 128 3,152.00 3,231.00 38,77200
Family 0 670 6,700 128 1,280.00 6,420.00 65,040.00
7 15,657 4,735.00 10,921.00 131,052.00
Non-Union employees
Aetna MEW Monthly Annual
Employer Premium a employees Cost Cost Saving Savings
Employee-Single 6 213 1,278 128 760.00 510.00 6,120.00
Employee t Children 1 398 398 128 128.00 270.00 3,240.00
Employee+Spouse 3 487 1,461 120 384.00 1,077.00 12,924.00
Family 3 670 2,010 128 384.00 1,626.00 19,512.00
13 5,147 1,664.00 3,483.00 41,79600
Total Employee Cost
Aetna MEW Monthly Annual
Employer Premium a employees Cosi Cost Seeing Savings
Employee-Single 20 213 4,260 128 2,560.00 1,700.00 20,40000
Employee t Children 5 398 1,990 128 64000 1,350.00 16,200.00
Employee+Spouse 12 487 5,844 128 1,536.00 1306.00 51,696.00
Family 13 670 8,710 128 1,564.00 7,046.00 84,552.00
50 20804 6,400,00 14,404.00 172,848.00
Page 90 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
AGENDA ITEM #13.A.3.
Total Employee and Employer cost
Total Cost Union
Aetna THEW Monthly Annual
Employer Premium 4 employees Cost Cosa Saving Savings
Employee-Single 14 1,180 16,520 1,712 23,968.00 (7,448.00) (89,376.00)
Employee+Children 4 2,188 8,752 1,712 6,848.00 1,904.00 22,848.00
Employee+Spouse 9 2.651 23,859 1,712 15,408.00 8,951.00 101,412.00
Family 10 3,658 36,580 1,712 17,120.00 19,460.00 233,520.00
37 85,711 63,344.00 22,367.00 258,404.00
Total Cost Non-Union
Aetna MEW Monthly Annual
Employer Pmmium a employees Cost Cost Saving Sayings
Employee.Single 6 1,180 7,080 1,712 10,272.00 (3,192.00) (38,304.00)
Employee+Children 1 2.188 2,188 1,712 1,712.00 476,00 5.71100
Employee•Spouse 3 2.651 7,953 1,712 5,136.00 2,817.00 33,804.00
Family 3 3,658 10,974 1,712 5,13600 5,838.00 70,056.00
13 28,195 22,256.00 5,93400 71,26800
Total Cost
Aetna MEW Monthly Annual
Employer Premium 4 employees Cost Coo Saving Savings
Employee-Single 20 1,180 23,600 1,712 34,240.00 (10,640.00) 1127,680.00)
Employee+Children 5' 2,188 10,940 1,712 8,560.00 2,38000 28,560.00
Employee+Spouse 12 2,651 31,812 1,712 20,644 00 11,268.00 135,216 00
Family 13 3,658 47,554 1,712 22,256.00 25,298.00 303,576 00
50 113,906 85,600.00 29,306.00 339.672 00
Page 91 of 214
Contract No. FY2014-37 Collective Bargaining Agreement With ...
0
0
0
0
Z
0
N __ . ._
A ,r.7 rz Y , .„
Benefits Health ,84 Dentall °F'^remeur�s
0
• The^Borough's premiums exceed the average monthly premiums of the comparator organizations;
m - The Borough contributes 83%of the monthly premium and the market average contribution of the
o comparator organizations is 88% of monthlyipremiums;
m • While the Borough contributes approximately 5% less, from a percentage contribution perspective,
5 than the comparator organizations;,the overall expenditure for the Borough is higher.
S
to
D Medical&Dental:Employer Monthly
co Medical&Dental:Total Monthly Premiums Contributions
N 3500 $3.000.0
0
3 $2,000.00
CD D
3000 $1.000.0
$0.00
2500
EE EE+1 EonFamiiy S .1.1111.1.11.1111
>•KIB C.OnfMYUtlan "'Avg Market Contribution
2000
1500 ' —t - Medical&Dental:Employee Monthly
Contributions
1000 $600.00
5000 ® i= . -',® �. $20,0 ter
$2400
EE EEO EE+Family $0.O IN
EE EE+1 EE+Family ^
*KIP'Avg Monthly Premiums laMarket Avg.Monthly Premium •KIB Contribution sAvg Market Conlnhution i4'I m
Z la '_ 1f{ Fwl wonAt A,sod s �� onw.- .s.asw_.k " It
--...
o
-.
A
V
54
W
AGENDA ITEM #13.A.4.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
fd'na
rt JUNE 19,2014
ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2015-02 Banking Services for the Kodiak Island Borough.
ORIGINATOR: Karl Short
FISCAL IMPACT: Yes FUNDS AVAILABLE: Yes
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
On February 14, 2014, the Borough released a request for proposals for banking services
(RFP attached).
Three proposals were received and evaluated by a team of KIB staff members. The result of
the analysis will be provided to the Assembly as a confidential document in accordance with
Kodiak Island Borough Code 3.16.110D.
3.16.110 Competitive sealed proposals --negotiated procurement.
D. Proposals shall be received at the time and place designated in the request for proposals
and shall be opened so as to avoid disclosing their contents to the competing proponents
during the process of negotiation. Proposals and tabulations thereof shall be open to public
inspection only after the contract award.
After the contract is awarded, the proposals will become available to the public.
RECOMMENDED MOTION:
Move to authorize the manager to execute Contract No. FY2015-02 with for
the banking services for the Kodiak Island Borough in an amount not to exceed
Kodiak Island Borough
Page 93 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Request for Proposal (RFP) for:
/ Kodiak Island Borough
I ,4,® •
o ,.41„� Finance Department
`'�' 710 Mill Bay Road
Kodiak.Alaska 99615
1 Phone(907)486-9324 Fax(907)486-9392
Date Issued: February 14, 2014
Primary Banking Services/
Custody& Safekeeping Bank Services
Submittal Date and Time:
March 28, 2014 at 4:00 p.m. Alaska Prevailing Time
Pre-Bid Conference Date and Time (non-mandatory):
March 14, 2014 at 2:00 p.m. Alaska Prevailing Time
Location:
Kodiak Borough Assembly Chambers
710 Mill Bay Road, Kodiak Alaska
Submit Responses to:
Kodiak Island Borough
Manager's Office
710 Mill Bay Road
Kodiak,AK 99615
Kodiak Island Borough
Reynator hop.,.m.—Ilanktng Sen!cc. Page I ol'28
Page 94 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
ANNOUNCEMENT
KODIAK ISLAND BOROUGH
REQUEST FOR PROPOSALS
Primary Banking Services/Custody&Safekeeping Bank Services
The Kodiak Island Borough is soliciting proposals to identify the financial institution that
possesses the capability and expertise to provide quality banking services at a competitive
price.
The REP documents may be obtained at the Kodiak Island Borough, Finance Office, 710 Mill Bay
Road, Kodiak,Alaska or online at www.kodiakak.us selecting Bids&Proposals.
A non-mandatory pre-bid conference is planned for March 7, 2014 at 2:00 p.m.Alaska
Prevailing Time. The conference will be held at the Kodiak Island Borough Assembly Chambers,
710 Mill Bay Road, Kodiak,AK 99615.
Proposals must be submitted by 4:00 p.m. Alaska Prevailing Time on Friday, March 28, 2014
and must contain one(1)original and five(5) printed copies with supporting materials. The
proposal must be sent to:
Kodiak Island Borough
Finance Department
710 Mill Bay Road
Kodiak,AK 99615
Telephone No. (907)486-9324
Proposals must be submitted in a separate,sealed envelope plainly marked with the opening
date and time and clearly marked as follows: "SEALED PROPOSAL'—Primary Banking
Services/Custody&Safekeeping Bank Services.
The Borough reserves the right to waive informalities not inconsistent with the law and to reject
any or all proposals.
Publish: Kodiak Daily Mirror February 14,21,28, 2014.
Kodiak hand Borough
e<yuarn,r,opo.ai.—Nanking Set,icc. Page 2 of28
Page 95 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan_.
AGENDA ITEM #13.A.4.
Table of Contents
Section I Purpose of Request
Section II Background Information
Section III Bid Process
Section IV Minimum Qualifications
Section V Instructions to Proposers
Section VI Scope of Services
A. General Information
B. Services Required
Section VII Terms and Conditions
Section VIII Evaluation Criteria and Award Process
Section IX Banking Services Questions/Statements
Section X Statement of Financial Institution Qualifications and Certification
Section XI Non-Collusion Affidavit and Certificate
Attachment A Bid Sheet
Attachment B Sample Banking Services Agreement
KaJiak Lund tlrnmgh
it qu si for rR,1-lian4ing Page 3 of 28
Page 96 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Kodiak Island Borough
REQUEST FOR PROPOSAL
I. PURPOSE OF REQUEST
The Kodiak Island Borough("Borough") is requesting proposals for its primary banking
services and for Custody/Safekeeping Bank Services. The Borough's needs are outlined
in the following Request for Proposal ("REP").
II. BACKGROUND INFORMATION
The Kodiak Island Borough ("Borough") was incorporated in 1963 and is a 2'd Class
Borough established under the laws of the State of Alaska. The Borough has a Manager
Form of Government with policy and legislative authority vested in the seven members
of the Assembly.
Copies of financial documents are available at the following sites:
• Comprehensive Annual Fiscal Report: www,kodiakak.us
(department>finance>accounting&reporting)
III. BID PROCESS
The Borough will attempt to follow this timetable, which should result in the
•
implementation of a banking services agreement by June 1, 2014,
Issue RFP February 14, 2014
Deadline to Submit Written Questions March 7, 2014
Pre-Bid Conference(non-mandatory) -2:00 p.m. March 14, 2014
Deadline for Submittal of Proposals-4:00 p.m. March 28, 2014
Interview with Selected Firms and/or Site Visit April 11, 2014
Recommendation to Borough Assembly May 1, 2014
Notice of Intent to Award May 5, 2014
Implementation of Banking Services Agreement .June 1,2014
These dates are estimates and subject to change by the Borough.
IV. MINIMUM QUALIFICATIONS
To be considered for selection, proposers must meet at least the following minimum
qualifications:
A. Authority to offer banking services. Institution must hold a charter from either
the United States Government or the State of Alaska, providing insurance on
accounts through the Federal Deposit Insurance Corporation or National Credit
Union Administration.
B. Access to the Federal Reserve System. Institution must be a member of(or
have access to)the Federal Reserve System and have access to all Federal
Reserve System services.
6rdnklo6"dIIomugh
xurv..,for Irorynal.-Banking Senluu. hike 4or28
Page 97 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
C. Legal Compliance. Institution must be in compliance with all applicable taws,
rules, regulations,and ordinances of the Kodiak Island Borough,the State of
Alaska, and the United States.
D. Local banking office-Institution must have an established office or local branch
within the Kodiak island Borough.
E. Each respondent shall have an excellent or superior rank based on the latest
report from IDC Financial Publishing, Inc.
A proposer's failure to meet these minimum requirements shall cause their proposal to
be considered non-responsive and their proposal eliminated from further consideration.
V. INSTRUCTIONS TO PROPOSERS
A. All questions should be submitted in writing to:
Karleton Short, Finance Director
Kodiak Island Borough
710 Mill Bay Road
Kodiak,AK 99615
(907)486-9320
kshort@kodiakak.us
Questions or requests for clarification directed to any employee or elected official
of the Borough other than the Finance Director may be grounds for
disqualification.
B. Proposals are due in the office of the Borough's Manager no later than 4:00 pm
Alaska time on March 28, 2014.
Proposals may be submitted as an email attachment in MS Word or PDF format
to Iwhiddon @kodiakak.us (Do not submit proposals as a Zip file.) All proposals
submitted electronically must show a received time of no later than 4:00 p.m.
Alaska time on March 28, 2014.
Late proposals will not be considered for award of contract.
Proposals not submitted electronically may be mailed or delivered in a sealed
envelope addressed to:
Kodiak Island Borough
Attn: Borough Manager
710 Mill Bay Road
Kodiak, AK 99615
C. Proposals should be prepared simply and economically, providing a straight
forward, concise description of provider capabilities to satisfy the requirements
of the request. Special bindings,colored displays, promotional materials,etc.
are not required. Overly lengthy and costly proposals are discouraged.
Emphasis should be on completeness and clarity of content.
D. Proposals shall not be written in a font size smaller than 10 point. Each section
of the proposal shall be identified and assembled in the order listed under
Kodiak tniand i Wmugh
iz.qu..,for Prom,.Is—is,mk;I, SovI“. Page 5of28
Page 98 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Section VI Scope of Services and as listed below. Materials not identified or
germane to the proposed agreement will be discarded without evaluation.
Failure to provide a proposal in conformance with these requirements may
cause a proposal to be declared non-responsive and eliminated from further
consideration.
E. All proposals must include the following:
1. Responses to Banking Services Questions/Statements in Section IX.
2. Statement of Financial Institution Qualifications and Certification found in
Section X, signed and notarized.
3. Non-Collusion Affidavit Certificate found in Section XI, signed and
notarized.
1. A detailed schedule of costs by specified task using the Bid Sheet form in
Attachment A. Volumes indicated on the Bid Sheet are estimates and
actual quantities may vary. Costs not included on the Bid Sheet, but
which the financial institution proposes to charge, must be individually
itemized and thoroughly explained. Bid Sheets must be executed by an
official of the firm in a position to commit the institution to provide the
services in accordance with these terms and conditions.
F. Proposals shall be received at the time and place designated in the request for
proposals and shall be opened so as to avoid disclosing their contents to
competing proponents during the process of negotiation. Proposals and
tabulations thereof shall be open to the public inspection only after the
contract award.
VI. SCOPE OF SERVICES
A. GENERAL INFORMATION
The Kodiak Island Borough is soliciting proposals for a primary banking relationship with
a financial institution which operates an office within the borough. The Borough will be
contracting for the following general services for three(3)year period beginning July 1,
2014 and ending June 30, 2017. At the Borough's option,two(2)one year extensions
will be permitted with the same terms and conditions of the original contract or as
amended.
The following is a listing of mandatory services the Borough requires of its financial
institution:
• Checking Accounts; • ACH reporting;
• ACH Debit Services; • On-line balance reporting;
• Credit/Debit Card Services; • On-line Image Retrieval;
• Direct Deposit for Payroll; • On-line Stop-pays;
• Purchasing Cards; • On-line wire transfers;
• Banking Supplies; • Positive Pay on Checking
• Custodial Agent Services; Accounts;
• Night Depository Services; • Excellent customer service
• Overdraft protection; &response
• Data Equipment Compatibility;
Kudlak Nand Borough
k,yuca for Propo.a6—Banking scru> Page 6 of 28
Page 99 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13A4.
The Borough utilizes a check system,as opposed to warrants. The Borough anticipates
that proposed banking services will be compensated either by the credit earned on
average collected balances or CD, or a fee for service basis, but is also willing to
consider other options.
The following is a list of optional services the Borough may require:
• Automatic Account Reconciliation
• Payment of Financial System Upgrades and Fees through use of analysis
• Online Banking payments collected in a batch deposit
• E-Payments
• Web Based Payment System
B. SERVICES REQUIRED
Checking Accounts: The Borough currently utilizes five checking accounts: 1)the
primary checking account, which includes accounts payable&payroll check processing;
2)an account for online tax and utility payments; 3)an account for credit card deposits;
4)a school district primary checking and payroll account; and 5)a school district
account for ACH deposits. The institution will furnish the Borough with additional
checking accounts as needed. Currently,the Borough does not have courier services to
deliver deposits to the institution's branch. NSF checks must be processed twice before
being returned to the Borough. The basic checking account services should at least
consist of;
• Provide month-end statements by the 10th day of the following month and provide
statements to various auditors upon request;
• Provide electronic check image retrieval on CD monthly or online including necessary
software;
• Provide individual and consolidated monthly account analysis for all accounts by the
15th day of the following month;
• Provide an on-line wire transfer system for transferring money to other institutions,
along with appropriate security levels for wire transfer initiations and approvals;
• Provide an on-line computer balance reporting system,with information on
collected,available and closing balances,as well as a detail of total debits and
credits posted to the account for the previous day, by 8:00 a.m.each business day;
• Provide Positive Pay feature with exception reporting/return of unknown items;
• Provide for on-line stop-pay look-up and notification;
• Provide support in answering questions, troubleshooting problems and resolving
issues in a prompt manner;
• Provide means to inquire about canceled checks and stop payment on checks upon
proper authorization.
ACH Debit Services: The Borough processes direct debit batches throughout the
month. As noted below,the Borough also processes direct deposits for bi-weekly
payroll. Other miscellaneous ACH transactions such as debt service, retirement fund
transfers arid federal tax payments flow through the account each month.
R,d;ak Island u.,r,uyk
ltwatso rot '<u,.,,,nn—Ranting scum Paws 7 er 28
Page 100 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Credit/Debit Card Services: The Borough currently uses a third party vendor to
process credit cards.This may change or expand depending on the needs and
requirements of the Borough. The Financial institution will provide the Borough with the
option to accept payment through the use of credit/debit cards. The Borough will be
credited daily for the gross amount of the bank card transactions. Any sales discount
fee or percentage proposed will be billed at the end of each month as part of the activity
charges.
Direct Deposit for Payroll: Kodiak offers and encourages direct payroll deposit for its
employees. The Borough and the school district pays its employees bi-weekly. On an
average payroll, 510 employees receive direct deposit, which generates approximately
550 transactions per pay period due to some employees having multiple bank account
transfers.
Currently, the Borough transmits the payroll data to the institution via internet before
8:00 p.m.the second working day prior to payday. Deposits must be made into the
employees'account by 8:00 a.m.on payday. Any deviation from these time limits must
be stated in the bid. Any bidder with less restrictive time requirements will be given
favorable consideration.
The Borough from time to time may need to transmit the payroll data one day prior to
the pay date. We are therefore requesting bids on both a one-day and two-day
turnaround. We are interested in what the deadlines for transmission are for both
situations.
Purchasing Cards: The Borough plans to utilize a purchasing card program for
making routine purchases in lieu of the normal requisition/purchase order mode of
operations.
Banking Supplies: The financial institution will be required to provide a supply of
coin rollers, locking bank bags, tamper proof plastic deposit bags, deposit slips,
miscellaneous checks, and endorsement stamps for each location (see Attachment A for
the number of endorsement stamps needed). The cost of such supplies shall be
charged against the Borough's earnings credits.
Custodial Agent Services The Borough's Investment Policy states that all securities
will be received and delivered on a delivery versus payment(DVP) basis. Securities will
be held by a third party custodian designated by the Treasurer and evidenced by
safekeeping receipts.
The Investment Policy also discusses collateralization. Collateralization is required on
certificates of deposits and sweep checking accounts. In order to anticipate market
changes and provide a level of security for all funds,the collateralization level will be
(110%)of market value of principal and accrued interest.The Borough chooses to limit
collateral to the following: certificates of deposits,sweep checking accounts, and agency
issues. Collateral will always be held by an independent third party with whom the entity
has a current custodial agreement. A clearly marked evidence of ownership(safekeeping
receipt)must be supplied to the entity and retained.The Finance Director, at his
discretion, may waive the collateral requirements for certificates of deposits up to
$250,000 which are fully insured by the Federal Deposit Insurance Corporation.
As such, the Borough requires the following services:
KMiak Nand Bomuah
u.yu,.t for Pr„ro,ai,-Banking scrva.. PaRC 8 of28
Page 101 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Minimum Requirements
• Maintain appropriate control of securities through its own independent
safekeeping department,through any corresponding bank with which it regularly
deals, or through the Federal Reserve Bank of San Francisco.
• Must be a member in good standing with the Federal Reserve Bank,with
comparable institutions and with the community.
• Maintain standing as a state or federally chartered bank with account insurance
through an appropriate federally insured agency of the United States.
• Maintain minimum requirements as specified under the RFP during the life of the
Contract.
• Upon Contract award, securities owned by the Borough will be delivered free of
charge into the safekeeping of the Custody/Safekeeping Bank. Clearing securities
will be on a "Delivery versus Payment" basis.
• Maintain all Borough assets in the Borough's name in the institution's vault, the
institution's account at the Federal Reserve, or a correspondent depository
acceptable to the Borough.
• Collect and receive interest income, maturity and sale proceeds from held
securities.
• Capable of wire transfer and wire funds receipt, for use as instructed by the
Borough's authorized staff. If security transactions are not wire-able, arrange for
safekeeping services with a corresponding bank.
• At Contract award, provide Custody/Safekeeping Bank cutoff times for security
and wire transfers to the Finance Director.
• New or Alternate Technologies. During Contract period of performance,the
Borough reserves the right to identify and determine the appropriateness of
using new technologies and negotiating the implementation of such technologies
into the performance of the Contract.
Custody.Safekeeping, and Settlement Services
• Maintain a custody account in the bank's Trust Department for the cash and
securities owned by the Borough.
• Segregate all securities and cash from the assets of others.The custodian shall
have only the bare custody thereof and securities shall be and remain the sole
property of the Borough.The securities held by the custodian shall, unless
payable to the bearer, be registered in the name of the Borough.
• Initiate wire transfers of funds from Borough's account upon receipt of
instructions from authorized persons.
• Collect all coupons and other periodic income on securities held.
• Settle purchases,sales and other transactions upon receipt of instructions from
an authorized person.
• Create, maintain and retain all records relating to securities held in custody in the
Borough's account to meet the requirements and obligations under generally
accepted accounting principles.
• Provide an overnight investment vehicle(sweep)that complies with the Alaska
Government Code sections that regulate the investment of public funds.
Reporting
• Provide on-line reporting of portfolio activity and holdings on a real-time(ideally)
or next day basis.
Ko irk l,uuJ Borough
1<wu,'for rromnm.-1<.,nl,,og Serv,cc. l'aae 9 of 28
Page 102 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
• Provide on-line monthly activity statements and reports including the market
value of all portfolio holdings.
• Monthly, by the 5th working day,provide a Microsoft Excel compatible
(downloadable)file containing the market value of portfolio holdings.
• The custodial agent must provide the Borough by the 5th of each month with a
complete inventory of all securities held in safekeeping as of the last day of the
previous month,whether in book-entry or physically delivered form, showing for
each security its CUSIP number, issuer name, coupon/interest rate,settlement
and maturity dates, type of security, S&P rating, par value, book value, and full
market value. In addition,the custodial agent must provide confirmation of each
trade of a safekeeping item by the following business day. On-line availability of
these reports is preferred.
Collateralization
• Collateralization is required on certificates of deposits and sweep checking
accounts. Provide a collateralization level of(110%)of market value of principal
and accrued interest.
Night Depository Services: The Financial institution will provide the Borough with
the ability to make'night drop'deposits after hours. Borough staff will prepare a deposit
slip and'night drop'the deposit after hours, for deposit the next day.
Overdraft protection: Although the Borough will attempt to minimize daylight and
overnight overdraft situations, it recognizes that there are times these situations will. It
is anticipated these overdraft situations will not exceed $2 million, if they do occur.
Data Equipment Compatibility: The Borough is interested in equipment and data
compatibility and therefore requests the specifications needed for an automated wire
transfer, ACH debit&credit,credit card, balance reporting and any other automated
systems be included in this proposal. Any costs associated with automated data and
equipment should be identified on the Bid Sheet form in Attachment A.
Miscellaneous Optional Services: In addition to the requirements listed above,the
proposal shall identify proposed fees for the following services:
• Payment of Financial System Upgrades and Fees through use of analysis. In order
to enhance our banking/financial processing capabilities we may wish to pay for
these fees through banking analysis;
• Provide descriptions of any enhancements, technological or otherwise,that the
Borough should consider to improve operational or cash management efficiencies.
• Other services provided by your institution that would be beneficial to the Borough
of Kodiak, but have not specifically been addressed. Please itemize on the Bid Sheet
form in Attachment A.
Services Not Provided: In the event that the primary proposing financial institution
does not provide all requested services included in this RFP,the financial institution will
submit as part of its proposal additional partners/providers whom do provide these
services. It is the sole responsibility of the primary financial institution to secure and
maintain the relationship with any additional providers. The primary financial institution,
Kodiak Island Borough
Roquca(o,l',opn.al.—Banking Soni Page I 0 of 28
Page 103 of 214
Contract No. P12015-02 Banking Services for the Kodiak lslan...
AGENDA ITEM #13.A.4.
at the time of bid submittal will identity all secondary providers.
Should the financial institution be unable to secure and provide the relationship, in
certain instances such as the Borough's financial system software vendor or armored car
services,the Borough would request to submit the invoices to the financial institution for
payment from its earnings credits.
VII. TERMS AND CONDITIONS
A. The Borough reserves the right to reject any and all proposals, and to waive minor
irregularities in any proposal.
B. The Borough reserves the right to request clarification of information submitted,
and to request additional information on any proposal.
C. The Borough reserves the right to award any contract to the next most qualified
financial institution,if the successful finandal institution does not execute a
contract within 30 days of being notified of selection.
D. The Borough reserves the right to refrain from making an award if it determines
that to be in its best interest.
E. Any proposal may be withdrawn up until the date and time set above for opening
of the proposals. Any proposal not so timely withdrawn shall constitute an
irrevocable offer,for a period of one hundred and twenty(120)days to sell to the
Borough the services described in the attached specifications, or until one or more
of the proposals have been approved by the Borough administration, whichever
occurs first.
F. The contract resulting from acceptance of a proposal by the Borough shall be in a
form supplied or approved by the Borough, and shall reflect the specifications in
this RFP, A copy of the proposed contract is available for review(see attachment
B). The Borough reserves the right to reject any proposed agreement or contract
that does not conform to the specifications contained in this RFP and which is not
approved by the Borough Attorney's office andjor Borough Assembly.
G. The Borough shall not be responsible for any costs incurred by the financial
institution in preparing,submitting or presenting its response to the RFP.
H. All proposals and other material submitted become the property of the Borough
and may be returned only at the Borough's option. All proposal information,
including detailed price and cost information, will be held in confidence and not
disclosed to other proposers during the evaluation process and prior to the time a
Notice of Intent to Award(or recommendation to Borough Assembly) is issued.
Thereafter, proposals will become public information.
I. Trade secrets or other proprietary data contained in proposals may be held
confidential if the proposer so requests in writing to the Finance
Director, and if the Finance Director agrees in writing to do so. Any material
considered confidential by the proposer must be clearly identified and the proposer
must include a brief statement that sets out the reasons for confidentiality.
K, l4 beik humor}
uwueNi frrr„rn+al,—Banking Senkc., Page II of 2g
Page 104 of 214
Contract No. FY2015-02 Banking Services for the Kodiak lslan...
AGENDA ITEM #13.A.4.
J. The Borough may award a contract on the basis only of written proposals received,
without requesting clarification, discussions, or a best and final offer. Therefore,
each proposal shall contain the Proposer's best terms from cost/price and technical
standpoints.
VIII. EVALUATION CRITERIA AND AWARD PROCESSS
Initially,all proposals will be reviewed by the Finance Director or his designee, to
determine if they are administratively responsive to the RFP. Those proposals that are
administratively responsive will be distributed to a committee of Borough and school
district staff for evaluation. Evaluations will be based on criteria outlined herein which
may be weighted by the Borough in a manner it deems appropriate. All proposals will
be evaluated using the same criteria.The criteria used will be:
A. Responsiveness to the RFP
The Borough will consider all the material submitted to determine whether the
financial institution's offering is in compliance with the RFP documents.
B. Ability to Perform Required Services
The Borough will consider all the relevant material submitted by each financial
institution, and other relevant material it may otherwise obtain, to determine
whether the financial institution is capable of providing services of the type and
scope specific to the RFP.The following elements may be given consideration by
the Borough in determining whether a financial institution is capable:
C. Banking Services(Weight of 45)
• How well has the proposer demonstrated a thorough understanding of the
purpose and scope of the services?
• How well has the proposer identified the ability, capacity and skill of the
institution and its employees to perform all required and desired services as
stated in this RFP on a timely basis?
• How well has the proposer demonstrated the ability to meet the Borough's
needs?
D. Fees and Costs(Weight of 35)
The maximum score for the Fees and costs included in this RFP, as provided by the
proposers, shall be awarded to the firm offering the lowest total cost or price.
Appropriate proportional scores shall be assigned to the other proposers using the
following formula:
Lowest proposal cost/price x maximum points available=Proposal Score
E. Experience and Qualifications(Weight of 15)
• Are resumes complete and do these demonstrate backgrounds that would be
desirable for individuals engaged in the work the project requires?
• How extensive is the applicable education and experience of the personnel
designated to work on the project?
• How well has the firm demonstrated experience in completing similar services?
Kodiak Island Borough
R,quca for Prox,sals-Bunking scree,, Page 12 of28
Page 105 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
• How successful is the general history of the firm regarding timely and
successful completion of projects?
F. Interviews and„Site Visits
The Borough may conduct interviews as part of the final selection process. The
Borough may also conduct on-site visits to evaluate the proposers'capacity to
perform the contract. Proposers must agree, at risk of being found non-
responsive and having their proposal eliminated from further consideration,to
provide the Borough reasonable access to relevant portions of their work sites.
Site inspections performed will be conducted by individuals designated by the
Finance Director at the Borough's expense.
G. Optional Services and Other Information (Weight of 51
• How well has the proposer demonstrated the capacity to provide additional
services?
• How well has the proposer identified the ability to expand services?
A recommendation to the Borough Assembly for award shall be made to the responsive
proposer whose proposal conforms to the solicitation and is determined in writing to be the
most advantageous to the Borough taking into consideration costs/price and the evaluation
factors set forth in the Request for Proposals.
IX. BANKING SERVICES QUESTIONS/STATEMENTS
Please provide your responses to the items below in the order presented.
1. Provide an organizational chart specific to the personnel assigned to accomplish
the work called for in this RFP, illustrating the lines of authority. A narrative
description of the organization of the project team is also required, designating the
account executive and an alternate. Resumes must be provided for all key account
executive designated to service this account. In addition,a personnel roster that
identifies each person who will actually work on the contract should be included
with the title, short biographical sketch, locaton(s)where work will be performed,
telephone number,email address and specific area of responsibility.
2. Submit at least three(3)references(preferably from Current local government
customers)who can attest to the financial institution's experience as it relates to
providing banking services. The references must include contact name, title,
address,e-mail address,telephone number and services used.
3. Describe your institution's customer service philosophy and organizational structure
and provide meaningful examples to illustrate.
4. Provide samples of the following reports and information about your institution:
a. Monthly account analysis
b. Monthly bank statement
c. Monthly merchant services report
d. Most recent financial statement
e. SEC and/or Moody's credit rating or comparable rating
f. Banking Services Contract
9. Daily on-line balance information sheet
h. Investment activity/custodial reports
K,,thar.hand Borough
Itcyuai for rmp,.,I —nmaingSv im, Page 13 of 28
Page 106 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islam..
AGENDA ITEM #13.AA.
5. Provide a funds availability schedule. Describe one day, two day availability and
wire requirements.
6. Describe your Balance Reporting systems and availability.
a. What hardware/software does the bank use to deliver balance and transaction
detail information?
b. What time is previous day information available for access by the customer?
c. What are the hours of access of the balance reporting system?
d. Does the bank provide current day information?
i. How frequently is this information updated throughout the day?
ii. What transaction types are available on current day reports?
e. Describe the level of detail provided in previous and current day reports?
f. How many days of history can be accessed through the system?
g. In what format is information available?
h. Provide a sample printout of the daily on-line balance information.
7. ACH Services:
a.What is the recommended service delivery method(i.e.direct transmission,on-
line, or other)?
i. What are the hardware/software requirements?
ii. What training does the bank provide?
iii. Does the software offer the ability to manage security and access levels by
user?
iv. What report options are available?
v. What controls are in place to protect against lost files and duplications of
transmissions?
vi. Does the bank provide automatic file receipt acknowledgements?If so,
how?
vii. Describe the role of any third-party processor used by the bank to provide
this service?
b. What are the hours of operation of the ACH unit?
c. What are the bank's cut-off times for customer initiation of ACH transactions?
d. Describe the procedures used to verify accurate and secure receipt of
transmissions.
e. Can the bank automatically redeposit items returned for insufficient or
uncollected funds?
f. How does the bank handle file, batch, and item reversals and deletions?
8. Positive Pay
a. What is the recommended service delivery method (i,e.direct transmission, on-
line, or other.)?
i. What are the hardware/software requirements?
b. What controls are in place to protect against lost files and duplications of
transmissions?
c. Does the bank provide automatic file receipt acknowledgements?If so, how?
d. Describe the role of any third-party processor used by the bank to provide this
service?
e. What is the bank's deadline for transmitting files/data?
f. What is the process for notifying the bank of a single check or small check run
outside of the regular batch file?
g. How does the Borough notify the bank of voided and stop payment checks?
h. Does your bank have payee verification?
Kodiak Island Borough
Request Icr rrnpo..,l.—m.nsing sc,,;ac... Page 14 of 28
Page 107 of 214
Contract No. P12015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A4.
J. Is the positive pay service fully implemented at all bank branches?
j. How does the bank handle exception ("paid not issued") items?
i. Does the bank offer a daily listing of exception items?
ii. Are there defaults available for each account to either automatically return
or pay on exception items?
hi. What is the timeline for reporting exceptions to the Borough?
iv. How are exceptions reported to the Borough?Will an image be available?
v. What is the timeline for the Borough to act on any exceptions?
vi. What are the hours of operation of this service unit?
9. Merchant Card Services:
a. Provide a funds availability schedule by card type. Is it negotiable?
b. What is the settlement deadline?
c. What daily and/or monthly reconciliation reports are available?
d. Do you offer recurring billing processing?
10.Payment of Fees. Respondents will need to provide information on the following:
a. The effective rate and formula used to calculate the service charge credit for
collected fund balances;
b. The proposed method for setting rates on a compensating certificate of
deposit;
c. A time frame proposed to pay any additional fees not offset:by service charge
credit;
d. Whether a service charge credit/debit can be carried forward to the next
period;
e. The formula for any fees in the event of an overdraft;
f. Describe what constitutes a daylight and overnight overdraft situation
11.Errors and Adjustments
a. Describe your adjustment process for resolving deposit discrepancies.
b. At what dollar amount do you write off discrepancies?
c. Do you adjust the deposit amount or process an adjusting debit or credit?
12.Describe how inquires requiring research and adjustments are handled by the
institution. Are there established turn-around times for research and adjustment
items? If yes, specify.
13.Describe NSF or Returned Items processing procedures, fees or other related
services available.The Borough will require re-depositing'NSF'or'uncollected
funds'returned items so that they may be presented a second time prior to being
charged back.
14.Security/Protection Measures: What security features are in place to minimize the
risk of unauthorized transactions?
15. Discuss your use of the internet in providing services to your municipal/business
customers.
16.Provide information on how your institution plans to keep your product tine
competitive. Describe what approach the bank is taking in the development of
new services and what new services and/or features the bank plans to offer and
within what time frame.
17.Disaster Recovery:
a. Describe your institution's formal disaster recovery plan.
K.1.1.Wand&rough
awu=.:t.Pn ivh-R.an6,ng.mor. Page li of28
Page 108 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
b. How quickly will back-up facilities be activated?
c. Describe your institution's operating capabilities to assist the Borough in the
event of a disaster or declared emergency.
18.Implementation Plan: Provide a detailed description of the implementation process,
including testing,and a sample implementation schedule.
19.List the address, telephone number,and hours of operation at your nearest branch
office and also the hours of operation for non-branch services.
20.Discuss any special conditions, other fees,other services, or deviations from the
requested scope.
Kodiak'land Borough
IL4nu1 for Proposal—Banking SCrv6ma Page l6 of'2%
Page 109 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
X. STATEMENT OF FINANCIAL INSTITUTION QUALIFICATIONS and
CERTIFICATION
Each financial institution submitting a proposal for items included in this document shall prepare
and submit the following data along with their proposal:
1. Name of Financial Institution
2. Business Address
3. Business Phone Fax No.
4. E-mail address
5. How many years have you been in business under the present name?
6. General character of services provided by your institution:
7. City of Kodiak Business License Number:
8. State of Alaska Sales Tax Registration Number:
9. Alaska Business License Number:
10. Federal I.R.S. Identification Number:
Certification
I certify by my signature below that I am a duly authorized representative of the firm listed
above and that all information and materials enclosed with this proposal accurately represent
the capability of the office listed to provide services as indicated. I further certify that I am a
company officer empowered to bind the company to the requirements of this RFP and to our
proposal. The Borough is hereby authorized to request anyone identified in this proposal to
furnish any pertinent information deemed necessary to verify information provided or regarding
the reputation and capabilities of the firm.
I further certify that in submitting this proposal that no reliance has been made upon any oral
representation from the Borough. I also certify that proposer has received any and all
amendments to this RFP that may have been issued.
Finally, I certify that the institution meets the minimum qualifications stated in Section IV, and
more specifically as follows:
• Is capable of providing the services as outlined in this proposal;
• Holds a charter to offer banking services from either the United States Government
or the State of Alaska;
• Is a member of or has access to the Federal Reserve System, including access to
all federal Reserve System services;
• Currently maintains a local banking office within the Kodiak Island Borough and
intends to maintain the local office during the term of a contract as identified in
this proposal.
Kodiak Nand Borough
Reque.t for rroi».au,—f4. ntim,i<a Pine 17 of 28
Page 110 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
• Has an excellent or superior rank based on the latest report from IDC Financial
Publishing, Inc.
• Is in compliance with applicable laws, rules, regulations and ordinances of the
Kodiak Island Borough,the State of Alaska and the United States.
Date: Institution Name:
By: authorized signer
printed name
Its:
SUBSCRIBED AND SWORN to before me at ,Alaska, this day of 2014.
Notary Public in and for the State of Alaska
My Commission Expires:
Kodiak Island Borough
a,ya�i ra,vraro.al.-H.mking sma. rage 18 of 28
Page 111 of 214
Contract No. FY2015-02 Banking Services for the Kodiak !elan...
AGENDA ITEM #13.A.4.
XI. NON-COLLUSION AFFIDAVIT and CERTIFICATE
State of Alaska
)ss
THIRD JUDICIAL DISTRICT)
I, , being duly sworn, deposes and states that the person,firm,
association, co-partnership, or corporation herein named has not either directly or
indirectly entered into any agreement, participated in any collusion,or otherwise taken
any action in restraint of free competitive bidding in the preparation and submission of
a proposal to the Owner for consideration in the award of a contract on the
improvement described as follows:
Kodiak Island Borough
Banking Services
Date: Institution Name:
By: (authorized signature)
(printed name)
Its:
SUBSCRIBED AND SWORN to before me at , Alaska this__day of
, 2014.
Notary Public in and for the State of Alaska
My Commission Expires:
Kodiak Nand 6■aouvh
Request 6a l...pn.,k—aankmg camicu. I'aee 19 or 28
Page 112 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Isian...
AGENDA ITEM #13.A.4.
Attachment A
Bid Sheet
' Estimated `
,Item Unit Monthly' Monthly .Explanation
ce • 'Cost
_.
Ongoing Current Services:
Account Maintenance 1
Electronic Credits 115
Electronic Debits 131 _
Deposited Item—On-US 106
Gen Disb Checks 305
Deposited Item—Local 161
Deposited Items Returned 1
FDIC Quarterly Charge
Checks Returned With Statement
Check/Deposit Ticket Order
Account Reconciliation Services
Positive Pay Maintenance
Positive Pay per item
ARP Positive Pay Input File 107
ARP Trans Output File
ARP Partial Per Item
On Line Banking
Image Retrieval—Paid Item 2
Image Retrieval—Deposit Item
On Line Banking Prior Day Module _
Direct Prior Day Max Item
On Line Banking Online DDA 1
Statement
On Line Banking token 5
Customer Initiated Stops 5
Wires Monthly Client Maint.
Check Services Monthly Client Maint.
-First
Check Services Monthly Client Maint.
-Next
Wire Transfers
Wire Monthly Maintenance
Incoming Domestic Wire 2
Domestic Repetitive
Image Services
CD Rom Maintenance
CD Rom Per Image
CD Rom Disk 1
Kodiak Island Borough
I10y5c1 for PR' 'al.—Banking Senn:, Page 20 of 28
Page 113 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Estimated
Item Unit Monthly Monthly Explanation.
.. . • Pri Y ce`: Whims EOM
ACH Service
ACH Monthly Maintenance
ACH Setup
ACH Input-EChannel
ACH Process Run
•
ACH Input File
ACH Consumer Credits
.....................................
ACH Consumer Debits
.-.
ACH Corporate Credits
ACH Credit Received Item
ACH Debit Received Item
ACH Blocks Auth Maintenance
ACH Blocks Auth Instructions
ACH Fitter Monthly Maint__
ACH Return Per Item
ACH Standard Reports—Fax
ACH Standard Reports—Electronic
ACH Optional Reports—Electronic
Coin&Currency Services
Cash Deposited per$100
Mailed Receipts
Cashier Checks
Mixed Coin Bag Deposited
Supplies:
Endorsement Stamps(2000 Plus
Model)
Coin Wrappers per 1000
Deposit Slip Books(3 part
carbonless)
Locking Bank bags(10 of initial
stock)
Plastic Bank Bags per 1.00
Escrow Agent Services
Overnight Overdraft Rate
Daylight Overdraft Rate
.. ._
Short Term Financing Rate
Night Depository Service
Ru6iak iilana ILmrvuh
aayr!eI for Prcic,al'-13crt eg Sen,.e. Page 21 of 2K
Page 114 of 214
Contract No. FY2015-02 Banking Services for the Kodiak islan---
AGENDA ITEM #13.A.4.
Notes or Item Description:
Formulas:
Daylight Overdraft Formula
Overnight Overdraft Formula
Short-Term Financing Formula
FDIC Insurance Formula
Service Charge Credit Formula
The undersigned, an institution or firm maintaining branch/office operations within the
borough of Kodiak, Alaska, submits the following proposal for the Borough's banking
services for the period July 1,2011 through June 30, 2017:
Authorization:
Institution Nanie Date
Mailing Address Phone Number
City, State, Zip Fax Number
By Title
Contact Name Of different from above) Contact Phone Number
Kodiak bland l4urough
.que.t trr,npt,.ai.-Banking sa.wa.- I'age 22 of 28
•
Page 115 of 214
Contract No. FY2015-02 Banking Services for the Kodiak isian...
AGENDA ITEM #13.A.4.
Attachment B
SAMPLE Banking Services Agreement
The Kodiak Island Borough,Alaska, a municipal corporation organized under the laws of the
State of Alaska (hereinafter the"Borough")and ,whose address is
, (hereinafter the "Financial
Institution"), agree and contract as follows for the provision of banking and custodial agent
services on behalf of the Borough ("Agreement"):
1. SERVICES BY FINANCIAL INSTITUTION
A. The Financial Institution agrees to perform the services described in the
attached Proposal,which is incorporated herein by reference.
B. All Services,and all duties incidental or necessary thereto,shall be
conducted and performed diligently and completely and in accordance
with professional standards of conduct and performance.
2. COMPENSATION
A. The total compensation to be paid to the Financial Institution shall be as
detailed in Attachment A to the Proposal, Total compensation shall
include all labor, materials and expenses required for the completion of
these services. Under no circumstances shall the Borough be liable for
the payment of any interest charges associated with the cost of the
Agreement.
B. Payment to Financial Institution by the Borough in accordance with the
above shall be the total compensation for all work performed under this
Agreement and supporting documents hereto,as well as all
subcontractor's fees and expenses,supervision, labor supplies, materials,
equipment or the use thereof,reimbursable expenses,and other
necessary incidentals.
C. The Financial Institution shall be paid based on the acceptance of the
proposed compensation.
D. The Borough shall have the right to withhold payment to the Financial
Institution for any service not completed in a satisfactory manner until
such time as the Financial Institution modifies such service to the
satisfaction of the Borough.
E. Unless otherwise specified in this Agreement,any payment shall be
considered timely if a check is mailed or is available within 45 days of the
date of actual receipt by the Borough of an invoice conforming in all
respects to the terms of this Agreement.
si,diak f.tand Borough
Request rm,op,..w,—Bunking s.nlca. Page 23 of 28
Page 116 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
3. TERMINATION OF AGREEMENT
The Borough reserves the right to terminate or suspend this Agreement at any
time, with or without cause, by giving forty-five(45)days'notice to the Financial
Institution in writing, except that the Borough may terminate this Agreement on
three(3)days'notice if the Assembly fails to appropriate necessary funds or
repeals all or substantially all of the appropriations which fund this Agreement.
In the event of termination, all finished or unfinished reports, or other material
prepared by the Financial Institution pursuant to the Agreement,shall be
provided to the Borough. In the event the Borough terminates this Agreement
prior to completion without cause, the Financial Institution may complete such
analyses and records as may be necessary to place its records in order. The
Financial Institution shall be entitled to receive just and equitable compensation
of any satisfactory services completed prior to the date of suspension or
termination,not to exceed the compensation set forth above. Should the
Financial Insttitution desire to terminate this Agreement,written notice of 120
days is required.
In case of default by Financial Institution for any reason whatsoever,the
Borough may procure the goods or services from another source and hold
Financial Institution responsible for any resulting excess cost or other remedies
under law or equity.
4. OWNERSHIP OF WORK PRODUCT
Ownership of the originals of any reports, data, studies, surveys, charts, maps,
drawings, specifications,figures, photographs, memoranda,and any other
documents, which are developed, compiled or produced as a result of this
Agreement, whether or not completed, shall be vested in the Borough.
5. GENERAL ADMINISTRATION AND MANAGEMENT
The Finance Director or the Deputy Director,for the Kodiak Island Borough shall
review and approve the Financial Institutions'charges to the Borough under this
Agreement; shall have the primary responsibility for overseeing and approving
services to be performed by the Financial Institution;and shall coordinate all
communications with the Financial Institution from the Borough.
6. CONTRACT PERIOD
This Agreement shall become effective from the date of execution and shall
continue through June 30, 2017 unless terminated by either party. The
Borough shall not be responsible for any work performed by Financial Institution,
even work done in good faith, if it occurs prior to the effective date of this
Agreement.The Borough may exercise an option to renew this Agreement for
two(2)one year periods by written notice to Financial Institution. At the end of
this period, the Borough may choose to negotiate a renewal option or to request
additional proposals.
Aod,ak Island Borough
reeyua tor r'rorx,.m.—Bunking vcniac Page 24 of 28
Page 117 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
7. SUCCESSORS AND ASSIGNS
The Financial Institution shall not assign,transfer, convey, pledge, or otherwise
dispose of this agreement or any part of this agreement without prior written
consent of the Borough.
8. NONDISCRIMINATION
The Borough is an Affirmative Action/ Equal Opportunity employer. The Borough
and its contractors, vendors and suppliers, agree and certify that they shall
comply with the requirements of all pertinent Federal and State laws relating to
equal opportunity in contracting and procurement activities.
The Financial Institution shall, in all hiring or employment made possible or
resulting from this agreement,take affirmative action to ensure that there shall
be no unlawful discrimination against any employee or applicant for employment
because of sex, race, age,color,creed, national origin, marital status or the
presence of any sensory, mental or physical handicap, unless based upon a
bonafide occupational qualification.This requirement shall apply to, but not be
limited to, the following: employment, advertising, layoff or termination, rates of
pay or other forms of compensation and selection for training, including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this Agreement on
the grounds of sex, race,color, creed, national origin,age except minimum age
and retirement provisions, marital status, or the presence of any sensory, mental
or physical handicap.
9. HOLD HARMLESS/INDEMNIFICATION
The Financial Institution agrees to indemnify, defend, and save harmless the
Borough and its officers,agents, and employees,from any claim, loss or
damages arising from injury to person(s)damage to property, or economic loss,
real or imaginary, arising out of, in whole or in part, the vendor's performance or
non-performance of its duties under this Agreement, and any defect in the goods
and services provided by Financial Institution. This duty to defend and indemnify
shall include responsibility for all damages,costs and attorney fees. This
obligation shall be continuing in nature and extend beyond the term of this
agreement. AS 09.17.080.
10. LIABILITY INSURANCE COVERAGE
The Financial Institution will, at the Financial Institution's sole expense, obtain
and maintain during the life of this Agreement, policies of comprehensive general
liability insurance, to include Banker's Professional Liability, each with combined
single limits of not less than$1,000,000 per occurrence. Any policy of required
insurance on a claims-made basis shall provide coverage as to all claims arising
out of the services performed under the contract and filed within three(3)years
following completion of the services so to be performed. A failure to obtain and
maintain such insurance or to file said certificates shall be a material breach of
Kodiak Island Borough
aequeal r,Proposals—Nanking Sen ices Page 25 or 28
Page 118 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
this Agreement.
AU employees of Financial Institution working in the performance of this
Agreement must be covered by workers compensation insurance during the term
of the Agreement. The workers compensation policy or policies shall contain a
waiver of subrogation in favor of the Borough.
Before performing any work pursuant to this Agreement, Financial Institution
shall provide a certificate of insurance in a form acceptable to the Borough
showing that the Financial Institution has the required insurance coverage. The
name of the insured on the Certificate of Insurance must be exactly the same as
the business name,which appears on the proposal transmittal form,the request
for Proposal or the written quote.
The Borough shall receive notice if Financial Institution's insurance or bonding is
going to be cancelled, not renewed,or changed in some important way. The
policies must be endorsed to say that the insurer will notify the Borough at least
30 days before the insurer cancels,refuses to renew, or materially changes the
coverage.
11. COMPLIANCE WITH LAWS
The Financial Institution shall comply with all applicable State, Federal and
Borough laws, ordinances, regulations, and codes,
12. FUTURE SUPPORT
The Borough makes no commitment and assumes no obligations for the support
of Financial Institution activities except as set forth in this Agreement.
13. INDEPENDENT CONTRACTOR
The Financial Institution is and shall be at all times during the term of this
agreement an independent contractor.
14. EXTENT OF AGREEMENT/MODIFICATION
This Agreement,together with all attachments and addenda, represents the
entire and integrated Agreement between the parties hereto and supersedes all
prior negotiations, representations or agreements,either written or oral. This
Agreement may be amended, modified or added to only by written instrument
properly signed by both parties hereto.
15. ADDITIONAL WORK
The Borough may desire to have the Financial Institution perform other services
in connection with the banking relationship other than provided for by the
express intent of this Agreement. Any such services shall be considered as
additional work,supplemental to this Agreement. Additional work shall not
proceed unless so authorized in writing by the Borough.
Kodiak Nand Borough
Request Br Propo.ai.-Banking Survic¢. Page 26 of 28
Page 119 of 214
Contract No. FY2O15-02 Banking Services for the Kodiak Islan...
AGENDA ITEM #13.A.4.
Authorized additional work will be compensated in accordance with a written
supplemental Agreement between the Borough and the Financial Institution.
16. PROJECT MANAGER
The Project Manager or designee,shall be the Borough's authorized
representative in all matters pertaining to the administration of the terms and
conditions of this Agreement and to whom all notices shall be sent. The
manager on behalf of the Financial Institution shall he responsible for
coordinating all matters pertaining to this Agreement and project with the
Borough's Project Manager. The Project Manager on behalf of the Borough to
whom all notices concerning this Agreement shall be sent is:
Karleton Short, Finance Director
Kodiak Island Borough
710 Mill Bay Road
Kodiak,AK 99615
kshort*kodiakak.us
The Manager on behalf of Financial Institution is:
Email:
17. IMPOSSIBILITY TO PERFORM
Financial Institution is not liable for any failure to perform its obligations under
this Agreement, if that failure is caused by any unforeseeable force beyond the
control of,and without the fault or negligence of the Financial Institution. For
purposes of this Agreement,such forces shall mean any emergency under the
Alaska Disaster Act(AS 26.23);war(whether declared or not); revolution;
invasion; insurrection; riot;sabotage; military or usurped power; lightning;
explosion;fire;storm; drought;flood;earthquake;epidemic; quarantine;strikes;
acts or restraints of governmental authorities affecting the project or directly or
indirectly prohibiting or restricting the furnishing or use of materials or labor
required; inability to secure materials, machinery, equipment,or labor because
of priority, allocation, or other regulations of any governmental authorities.
18. DISPUTES.
Any disputes arising out of this Agreement shall be resolved under the laws of
Alaska. Any appeal of an administrative order or any original action to enforce
any provision of this Agreement or to obtain relief from or remedy in connection
with this Agreement, may be brought only in Kodiak,Third Judicial District, State
of Alaska.
19. SEVERABILI1Y.
If any provision of this Agreement is declared by a court to be illegal or in
Kodak Nand Hornugh
Raines!for Banking sn.i.az Page 2701'28
Page 120 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Islas...
AGENDA ITEM #13.A.4.
conflict with any law, the validity of the remaining terms and provisions shall not
be affected;and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular provision held to be
invalid.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
dates written below:
FINANCIAL INSTITUTION: KODIAK ISLAND BOROUGH:
By: By:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
Kodiak Island Borough Attorney
Date:
•
Kodiak bland Borouuh
It yncu for Propo.at—Rank;oy sc,.;a, Page 28 of 28
Page 121 of 214
Contract No. FY2015-02 Banking Services for the Kodiak Vslan...
AGENDA ITEM #13.A.5.
KODIAK ISLAND BOROUGH
Ar. n 1. AGENDA STATEMENT
JUNE 19, 2014
ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2015-03 Non-Union Employee Participation in Alaska
Electrical Health and Welfare Fund.
ORIGINATOR: Bud Cassidy
FISCAL IMPACT: Yes Various FUNDS AVAILABLE:
Departments
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
Approval of this contract will permit KIB non—union employees to participate in the Alaska
Electrical Trust Fund Health and Welfare Fund along with KIB union employees. Our review
of this program is that it provides affordable healthcare to participants. The premiums under
this plan are less than the state-operated Aetna health insurance plan. The Kodiak Island
Borough is not the only non-union entity participating in this electrical health insurance
program. The City of Fairbanks' union and non -union employees have a long relationship
with the trust. Our interview of Fairbanks employees demonstrated that they feel that this is a
good program in terms of providing affordable premiums and service.
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract FY2015-03 with the Alaska Electrical
Trust Fund of Anchorage, Alaska for non-union employee healthcare in an amount identical to
those negotiated in the IBEW Collective Bargaining Unit contract and approved by the
Assembly on June 19, 2014.
Kodiak Island Borough
Page 122 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
t„
r tr - -t--, Kodiak Island Borough
Q{r/� it" OFFICE of the MANAGER
t r rf� Bud Cassidy, Borough Manager
I%le .r ..y MEMORANDUM
Date: June 10, 2014
To: Mayor Friend and Members of the Assembly
From: Bud Cassidy, Borough Manager
Re: Extending AETF Benefits to Non-Union Borough Employees
Introduction
In the course of negotiating a contract with bargaining unit members of the IBEW, heath
care costs became a major item of discussion. In preparing for negotiations, we were
verbally advised by the state of Alaska that the Borough could separate our employees
and allow union members to switch health care providers while leaving the remaining
non-union members to be cover by our existing Aetna health insurance program. Based
on this information we negotiated to include union members into the Alaska Electrical
Health and Welfare Fund (AETF) health care plan. This plan will provide more
affordable insurance and save both employees and the Kodiak Island Borough money
to participate in the plan. The state of Alaska has since come forward with a letter
stating that Borough employees could not be split.
The letter from the state obviously changed things and started our conversation with
AETF who also allowed non-union members to participate in their health care plan
based on the same terms and condition as union members.
There were a number of questions that I posed to the borough attorney to have him
research to determine if he saw any concerns about moving forward with the idea of
non-union members also participating in AETF. His legal opinion is part of the packet on
this case, but he makes the case that non-union members can legally participate as well
as realize the costs savings of this plan over the Aetna plan.
The result of our staff research and investigation along with the answers received from
the Borough Attorney leads to a recommendation that non-union employees also be
able to participate in the AETF health insurance plan.
AETF Health Care Insurance
It is important to understand that there is a distinction between the Alaska Electrical
Health and Welfare Fund and the IBEW. They are both legally separate entities. Our
agreement, should the Assemlby approve this contract, is with the AETF and not a
contract with the IBEW.
Page 123 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
In performing our due diligence, we contacted the City Fairbanks,who is another
Alaskan community whose non-union members participate in the AETF Health Care
Plan. Our interview of participants in the plan demonstrated that it is good insurance
that is professionally managed. No comments about any union involvement were made.
The most telling part of non—union employees participation in this program is the cost
savings to both the employees and the borough. That cost savings is identified on a
spreadsheet attached to this memo.
Conclusion
Understanding the particulars of health care insurance is a complicated subject, one
that takes someone familiar with the insurance. To complicate matters even more,
health insurance and its cost and coverage is being widely debated at both the state
and national level. It will continue to be a moving target for some time. Until it becomes
more stable, my opinion is that this is a great opportunity.
I am recommending approval of this contract.
•
Page 124 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
KIB(employer)Cost
Union Members
Aetna 'SEW Monthly Annual
Employer Premium 4 employees Cost Cost 5adng Savings
Employee-Single 14 967 13,538 1,584 22,170.40 18,63246 1103,588,801
Employee♦Children 4 1,790 7,160 1,584 6,314.40 82560 9.907.20
Employee 4 Spouse 5 2,164 19,476 1,584 14,25140 5,223.60 82,683.20
Family 10 2,989 29,890 1,584 15,836.00 14,05400 168,648.00
37 70,064 58,593.20 01,470 80 137,649.60
Non-Union Members
Aetna SEW Monthly Annual
Employer Premium 4 employees Cost Cost Saving Savings
Employee-Single 6 967 5.802 1,584 9,504.00 (3,702.001 144,424.00)
Employee.Children 1 1,790 1,790 1,584 1,58400 306.00 2,472.00
Employee•Spouse 3 2,164 6,492 1,584 4,752.00 1,740.00 20,880.00
Family 3 2,989 8,967 1,584 4,752.00 4,215.00 50,580.00
IC 23,051 20,59200 2,459,00 29,508.00
Total KIB(employer)cost
Aetna 18EW Monthly Annual
Employer Premium 4 employees Cost Cost Saving Savings
Employee-Single 20 967 19,340 1,584 31,58000 112,340001 048,086001
Employee+Children 5 1,790 8,950 1,584 7,920.00 1,0)0.00 12,360.00
Employee•5pouse 12 2,164 ' 25,968 1,584 19,008.00 6,960.00 83,520.00
Family 13 2.989 38,857 1,584 20,592.00 13,265.00 219,180.00
50 93,1.15 79,200.00 13,915.0 166,98000
Page 125 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Employee Cost
Union Employees
Aetna MEW Monthly Annual
Employer Premium a employees Cost Cost Saving Savings
Employee-Single 14 213 2,982 128 1,79100 1,190.00 14,28000
Employee.Children 4 398 1,592 128 512.00 1,080.00 12,960.00
Employee+Spouse 9 487 4,383 128 3,152,812 3,231,00 38,772.00
Family 10 670 6,700 128 1,289.00 5,42000 65,040.00
37 15,657 4,736.00 10,921.00 131,052.00
Non-Union employees
Aetna MEW Monthly Annual
Employer Premium g employee Cost Cost Saving Savings
Employee-Single 6 213 1,278 128 768,00 510.00 6,120.00
Employee•Children 1 398 398 128 128,00 270.00 3,240.00
Employee•Spouse 3 487 1,461 128 384,00 1.077.00 12,924.00
Family 3 670 2,010 128 384.00 1,626.00 19,512.00
13 5,247 3.664.00 3,48 3.00 41,796.00
Total Employee Cost
Aetna MEW Monthly Annual
Employer Premium a employees Cost Cost Saving Savings
Employee-Single 20 233 4,260 128 2,560.00 1,70000 20,400.00
Employee•Children 5 398 1,990 128 640.00 1,350.00 16,200.00
Employee•Spouse 12 487 5,844 128 1,536.00 4,308.00 51,696.00
Family 13 620 8,710 128 1,664.00 _ 7,046.00 84,552.00
50 20,804 6,400.00 14.404.00 172,848.00
Page 126 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Total Employee and Employer cost
Total Cost Union
Aetna IBEV.I Monthly Annual
Employer Premium It employees Cost Cost Saving Savings
Employee-Single 14 1.160 16,520 1,712 23,968.00 (7.448.00) (89,376.001
Employee+CFddren 4 2,188 8,752 1,712 6,84800 1,904.00 22,848.00
Employee+Spouse 9 2.651 23,859 1,712 15,408.00 8,451.00 1014/200
Family 10 3.658 36,580 1,712 17,120.00 19,460.00 233,520.00
37 85,711 63,344.00 22,367.00 268,404.00
Total Cost Non-Union
Aetna IBEW Monthly Annual
Employer Premium a employee, Cost Cost Saving Savings
Employee-Single 6 1,180 7,080 1,712 10,272.00 (3,192.00) (38,304.00)
Employee+Children 1 2,188 2,188 1,712 1,712.00 476.00 5,712.00
Employee+Spouse 3 2,651 7,953 1,712 5,136.00 2,817.00 33,804.00
Family 3 3,658 10,974 1,712 5,136.00 5,83800 70,05600
13 28,195 22,256.00 5,939.00 71,268.00
Total Cost
Aetna MEW Monthly Annual
Employer Premium a employees Cost Cost Saving Savings
Employee.Single 20 1,180 23,600 1,712 34,240.00 (10,640.00) 1127,680.00)
Employee+Children 5 2,188 10,940 1,712 8,560.00 2,380.00 28,560.00
Employee+Spouse 12 2,651 31,812 1,732 20,544.00 11,268.00 135,21500
Family 13 3,658 47,554 1,712 22,256.00 25,296.00 303,576 00
50 113,906 85.600.00 28,306.00 339,672.00
Page 127 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
ALASKA ELECTRICAL HEALTH & WELFARE FUND
SPECIAL AGREEMENT
Providing for the Coverage of
Certain Non-bargaining Unit Personnel
To: Joint Board of Trustees
Alaska Electrical Health& Welfare Fund
2600 Denali Suite 200
Anchorage.AK 99503
EMPLOYER'S REQUEST TO PARTICIPATE
I. The undersigned Employer, KODIAK ISLAM) BOROUGH hereinafter referred to as
"Employer", is a party to a collective bargaining agreement with IBEW Local Union 1547
and intends to be a party to such subsequent and future agreements thereafter as negotiated
and agreed by the parties thereto.
2. Said collective bargaining agreement provides for the making of contributions to the Alaska
Electrical Health&Welfare Fund(hereinafter referred to as the"Fund")for the purpose of •
providing bargaining unit employees with health&welfare coverage.
3. The Employer now requests that the Trustees permit it to make contributions to the Fund for
the following non-bargaining unit personnel,which personnel are defined as tbllows:
corporate officers or members engaged lull-time in the affairs of the
corporation or limited liability company.
sole proprietors and partners engaged lid I-time in the affairs
of the company or partnership:and
X all emplo)ees not represented by IBEW I.ocal 1547 or by any other labor
organization,regardless of the nature or type of work being performed.
(hereinafter collectively referred to as"Personnel'or individually referred
to as"Covered Individual")
AEHRF Special Agteem m I 11.13
Page 128 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
The Employer agrees to make contributions for all such personnel in the above categories
beginning the month of .2014,and continuing each month during the
terms of the aforesaid collective bargaining agreement and each subsequent collective
bargaining agreement,in accordance with the alternatives selected below: (initial one)
A. ALL Personnel(including full-time,part-time,seasonal,
temporary)
X 13, FULI,TlNIL Personnel only(120 or more compensable hours in
a month,including seasonal and temporary personnel)
4. The contribution rate for plan shall be
$ per month per Covered Individual,or such other rate as may be fixed
from time to time by the Board of Trustees. The Trustees shall notify the Employer in
writing of such change. Contributions are due for each month a Covered Individual
covered by this agreement has compensable hours.
This Special Agreement shall supersede any prior Special Agreement the Employer had with
respect to the Fund. It shall continue to be in full force and effect during the interim period
between an expired collective bargaining agreement and a negotiated subsequent bargaining
agreement.
The Employer agrees that it is solely responsible for the making of contributions to the Fund.
Contributions shall not be accepted from a Covered Individual.
5. This Special Agreement shall be terminated upon the complete and apparently permanent
termination of the collective bargaining agreement or apparently permanent failure to enter a
new collective bargaining agreement between the Employer and I13EW Local Union 1547 as
certified by the Employer and I BE W Local Union 1547 to the Trustees or maybe terminated
upon the mutual agreement of the Employer and Trustees as permitted by the Employment
Retirement Income Security Act of 1974-(ERISA)as amended,and other applicable laws
and regulations.
Should this Special Agreement he terminated by mutual consent,the Employer understands
that the Trustees reserve the right to refuse approval to any subsequent proposal for a
Special Agreement by the Employer at a later time since the intent of this Special Agreement
is that it be effective during the Employer's entire span of business activity within the
electrical industry.
In the event the Employer is not engaged in business activity within the electrical industry as
aforementioned,the Fund shall immediately cancel this Special Agreement and shall mail or
deliver a written notice of such cancellation to the Employer thirty(30)days in advance of
the Employer's termination from the Fund.
AEI DAF Special Agreement 2 11/13
Page 129 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
6. The details of the health & welfare program will be determined by the Trustees. The
undersigned acknowledges receipt of a copy of the frost Agreement creating the Alaska
Electrical Health& Welfare Fund and agrees to be bound by said Trust Agreement and all
amendments hereto or hereafter and administrative policies adopted by the Trustees. The
undersigned does further agree to accept,as its representatives,the Employer Trustees who
serve on the Board of Trustees and their successors.
7. Contributions will be paid to the Fund by the Employer by the 15th day of the month
following the month for which the contributions are earned or by such other due date as may
he established by the Trustees. The Trustees will furnish transmittal forms for use by the
Employer in making the contributions.
8. The Employer acknowledges that the Fund is intended to be qualified under Section 501
(c)(9)of the Internal Revenue Code and agrees to promptly take any action,including but not
limited to making additional contributions or terminating this agreement or providing any
payroll records, data, reports, documents or other materials or information reasonably
required by the Trustees to ensure the Fund's continued qualification.
9. This special Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereo land supercedcs all other prior or contemporaneous agreements,oral
or written, between the parties not included herein. No modifications, amendments,
deletions or alterations of this Special Agreement shall be effective unless in writing and
signed by all of the parties hereto or such representatives of the parties as have been duly
authorized to make such change. This Special Agreement and the respective rights and
obligations ol'the parties shall be construed and interpreted in accordance with the laws of
the State of Alaska to the extent not preempted by ERISA.
Submitted this day of . 2014.
Name and address of Employer: Kodiak Island Borough
710 Mill Bay Road
Kodiak,Alaska 99615
By:
Authorized Representative Title of Authorized Representative
Ala Ott'Special anreemea 3 11/13
Page 130 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Employer is a:
X Local Onventment(print chiefadministrative officer's name)
Sole Proprietorship(print names ofotcner and spouse)
Partnership(print names of partners)
APPROVAI.OF SPECIAL ACREENIENT
The Board of Trustees of the Alaska Electrical Health 8 Welfare Fund has approved this Special
Agreement.effective . at their .meeting.
Dated this day of .2014.
Joint Board of Trustees
Alaska Electrical Health& Welfare Fund
Be:
Co-Chairman
Br:
Co-Chairman
A111 IWF Special Agreement 4 11/13
•
Page 131 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
AGREEMENT AND DECLARATION OF TRUST
GOVERNING THE
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
As Revised and Restated Effective July 9,1998
Page 132 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
TABLE OF CONTENTS
Page
PREAMBLE ui
ARTICLE I-DEFINITIONS 1
ARTICLE II-PURPOSE OF THE TRUST AND APPLICATION OF FUNDS 2
Section 1. Purpose of the Trust Fund 2
Section 2. Office of the Trust Fund 2
Section 3. Parties'Rights — Protection of the Fund 3
Section 4. Parties'Liabilities 3 • •
Section 5. Delinquent Contributions 3
Section 6. Special Provision Regarding Prompt Payment of Contributions 4
ARTICLE In BOARD OF TRUSTEES 4
Section 1. Number and Appointment of Trustees. 4
Section.2. Chairman and Secretary-Treasurer — Committees —
Allocation and Delegation of Powers and Duties 5
Section 3. Term of Office 5
Section 4. Resignation 5
Section 5. Termination of Appointment 5
Section 6. Appointment of Successor Trustees 6
ARTICLE IV-FUNCTIONS AND POWERS OF BOARD OF TRUSTEES 6
Section]. Application of Funds — Insurance Contracts and Policies 6
Section 2. Interpretation and Construction of Documents 6
Section 3. Administration of Plan and Trus'. 6
Section 4. Collection of Contributions . 6
Section 5. Prompt Payment of Contributions 7
Section 6. General Powers of Trustees 7
Section 7. Fiduciary Standards 7
Section 8. Rules and Regulations S
Section 9. Bonding and Insurance 3
Section 10. Records 5
Section 7'i. Annual Audit 3
Section 12. Coordinated Administration 9
Page 133 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Page
ARTICLE V-PROCEDURE OF BOARD OF TRUSTEES 9
Section 1. Meetings 9
Section 2. Action Without a Meeting 9
Section 3. Place of Meetings 10
Section 4. Constitution of Quorum 10
Section 5. Manner of Voting 10
Section 6. Chairman and Secretary-Treasurer 10
Section 7. Authorized Signatures 10
Section B. Arbitration of Deadlocked Issues 11
ARTICLE VI-GENERAL PROVISIONS APPLICABLE TO TRUS LEES 11
Section 1. Trustees'Duties Limited to Agreement 11
Section 2. Trustees'Liabilities 11
Section 3. Parties' Liabilities—Contracts and Policies - Delays 12
Section 4. Compensation and Expenses 12
Section 5. Return of Books and Records 13
Section 6. Nondiscrimination 13
ARTICLE VII-CLAIMS REVIEW 13
Section 1. Claims for Benefits 13
Section? Review by Trustees 13
Section 3. Procedures for Hearings 14
Section 4. Appeal to Arbitration 14
ARTICLE VIII-GENERAL PROVISIONS 15
Section 1. Rights and Duties of Parties 15
Section 2. Applicable Laws and Regulations 15
Section 3. Severability 15
Section 4. Inspection of Records 15
Section 5. Amendments 15
ARTICLE IX-NON-MEMBER EMPLOYERS 16
ARTICLE X-NON-SIGNATORY UNIONS 16
ARTICLE XI-TERMINATION AND MERGER 17
ARTICLE XII-RECIPROCITY ig
ii
Page 134 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
RESTATED AGREEMENT AND DECLARATION OF TRUST
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
PREAMBLE
This is a restatement of that AGREEMENT AND DECLARATION OF TRUST, made and
entered into as of the 11th day of December, 1961, as from time to time amended and restated
this 9th day of July 1998, by and between the ALASKA CITAVIhR of the NATIONAL
ELECTRICAL CONTRACTORS' ASSOCIATION, INC., acting. for and on behalf of its
members, hereinafter referred to as "'Employer," and LOCAL UNION NO. 1547 of the •
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, hereinafter referred to as
the"Union":
WHEREAS, the Union and the participating employers are parties to collective bargaining
agreements, or supplements thereto, requiring employer contributions of certain sums to a
fund established by this Trust Agreement, which fund is to be used for the purpose of
providing and maintaining benefits for the employees, as later defined,of such employers and
for members of the families of such employees, or any of such benefits as the Trustees of such
Fund may determine,and
WHEREAS, to effectuate the aforesaid purpose, the parties did establish a Trust Fund to
be used in the manner hereinafter set forth:
NOW, THEREFORE, this AGREEMENT AND DECLARATION OF TRUST
W ITAJESSETH:
That in consideration of the premises and in order to provide for the continuation of such
Trust Fund, it is mutually understood and agreed as follows:
Page 135 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
•
ARTICLE I
DEFINITIONS
Unless the context or subject matter otherwise requires, the following definitions shall
govern in this Trust Agreement
Section 1. The term"Association"means the Alaska Chapter of the National Electrical
Contractors'Association.
Section 2. The term"Collective Bargaining Agreement"means:
(a) The Alaska Chapter National Electrical Contractors Association, Inc, Inside
Agreement effective March 1,1968,and Outside Agreement effective March I,1968, with Local
Union 1547, International Brotherhood of Electrical Workers, and any supplement,
amendment, continuation or renewal thereof,by the terms of which employers are required to
make contributions to this Trust Fund;
(b) Any other collective bargaining agreement in the Alaska electrical industry,or
industries closely related thereto, between the Union and any employer association, or any
individual employer, and any supplement, amendment, continuation or renewal thereof, by
the terms of which employers are required to make contributions to this Trust Fund;
(c) Subject to the Trustees' approval, the term"collective bargaining agreement"
may also be interpreted to mean a collective bargaining agreement in the Alaska electrical
industry, or industries closely related thereto, between a labor union (other than Local Union
1547, IBEW) and any employer association, or any individual employer, and any supplement,
amendment,continuation or renewal thereof,by the terms of which employers are required to
make contributions to this Trust Fund,
Section 3. The term "Contributions" as used herein means the payments required of
an employer,by the terms of the collective bargaining agreement,or special written agreement,
for the purpose of providing a health and welfare plan for employees.
Section 4. The term"Employee"as used herein shall mean any person employed by an
Employer and for whom the Employer is obligated to make contributions to this Trust Fund.
Section 5. The term "Employer" means any individual proprietor, partnership, joint
venture or corporation, or any municipality, public utility district, or other public agency,
public corporation or governmental unit,which is party to a collective bargaining agreement or
any successor thereof, The Association, or the Union, or the Alaska Electrical Apprenticeship
and Training Trust, or this Trust Fund shall also be considered an "Employer" so that the
employees of the Association, or the Union, or the Trust Fund, if any, can be covered by the
health and welfare plan provided through this Trust. In no event, however, shall a union
representative ever be selected as an Employer Trustee, nor shall the Union participate in the
1
Page 136 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
selection of an Employer Trustee, nor shall an employer representative ever be selected as a
Union Trustee,nor shall the Employers participate in the selection of a Union Trustee.
Section 6. "ERISA" shall mean Public Law 93406, the Employee Retirement Income
Security Act of 1974, and implementing regulations adopted by the responsible administrative
agency.
Section 8. The term "Health and. Welfare Plan" or "Plan" as used herein means a
program or programs which shall embody the benefits to be provided by the employer
•
contributions,the conditions of eligibility for such benefits,and such other items as the Trustees
shall deem it necessary to include.
Section 7. The term "Fund," "Crust" or `Trust Fund" as used herein means the
fiduciary arrangement created by this Trust Agreement, and all property and money held by
the Trustees,including contract rights and records of the Trustees,
Section 9. The term "Special Agreement" means a written agreement between an
Employer and the Board of Trustees, and any supplement, amendment, continuation, or
renewal thereof, which obligates the Employer to make contributions to this Trust, for the
purpose of providing a health and welfare plan for the employees mentioned in the Special
Agreement.
Section 10. This term "Trustee" as used herein means the natural persons designated
herein as Trustees,together with their successors.
Section 11. The term "Union" as used herein means Local Union 1547 of the
International Brotherhood of Electrical Workers,and any other lawful labor organization which
the Trustees may allow to participate in this Trust Fund.
ARTICLE Il
PURPOSE OF THE TRUST AND APPLICATION OF FUNDS
Section 1. Purpose of the Trust Fund
This Trust Fund is created for the purpose of providing benefits for its participants or
their beneficiaries, in the event of death, sickness, accident, disability or unemployment. The
•
Trustees shall provide, by the purchase of insurance and/or by other commercially acceptable
means, life, accident and sickness benefits, including hospitalization, medical, surgical, dental
and vision benefits.
Section 2. Office of the Trust Fund
The Fund shall have its principal office in the City of Anchorage,Alaska.
2
Page 137 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Section 3. Parties'Rights — Protection of the Fund
No employee shall be entitled to receive any part of the contributions made or required to
be made to the Fund in lieu of the benefits provided by the Health and Welfare Plan. Neither
the Association,any individual employer,the Union.any beneficiary of the Health and Welfare
Plan nor any other person shall have any right, title or interest in the Fund other than
specifically provided in this Agreement, and no part of the Fund shall revert to the Employer,
any signatory association or any individual employer. Neither the Fund nor any contributions
to the Fund shall be in any manner liable for or subject to the debts,contracts or liabilities of the
Employer, any signatory association, any individual employer, the Union or any beneficiary.
No part of the Fund,nor any benefits payable in accordance with the Health and Welfare Plan
shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge,
encumbrance or charge by any person. The Board of Trustees may establish a procedure
whereby any person may direct that benefits due h.im be paid to an institution in which he is
hospitalized in consideration for medical or hospital services provided or to be provided.
Section 4. Parties'Liabilities
Neither the Association nor any individual employer nor any officer, agent, employee or
committee member of an employer or the Association shall be liable to make contributions to
the Fund or be under any other liability to the Fund or with respect to the Health and Welfare
Plan, except to the extent that he may be an individual employer required to make
contributions to the Fund with respect to his or its own individual or joint venture operations,
or to the extent he may incur liability as a Trustee as hereinafter provided. Neither the
Association, any individual employer, the Union nor any employee shall be liable or
responsible for any debts,liabilities or obligations of the Fund or the Trustees.
Section S. Delinquent Contributions
A participating employer shall be considered delinquent in the payment of contributions
if it fails to submit a contribution reporting form and contributions required by the close of
business on the due date or if there is a failure to submit contributions on behalf of all
employees for whom contributions are required under the applicable collective bargaining or
special agreement, or if there is a failure to properly compute the contributions in accordance
with the collective bargaining or special agreement.
it is recognized and acknowledged by all parties, including the employer, that the
regular, prompt and accurate payment of contributions is essential to the maintenance of the
Health and. Welfare Plan and that it would be extremely difficult, if not impossible, to fix the
actual expense and damage to the Plan over and above attorneys' fees that would result from
the failure of an employer to pay the required contributions within the time provided.
Therefore, if any employer shall be delinquent in the payment of contributions such employer
shall be liable, in addition, for liquidated damages of ten percent (10%) of the amount of the
contributions which are owed or fifty dollars ($50.00), whichever is greater. In addition, the
delinquent contributions shall bear interest at the rate of twelve percent(12%)per annum from
the due date until they are paid. However,the Trustees shall have the authority to waive all or
part of the liquidated damages or interest for good cause shown.
3
Page 138 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
•
The Trust shall have the authority to audit the payroll books and records of all
participating employers directly or through certified public accountants as may be deemed
necessary in the administration of the Trust Fund.
If an employer becomes delinquent in paying any amount required under this Trust
Agreement,including liquidated damages and interest, it shall reimburse the Trust Fund for all
amounts incurred by the Trust Fund in connection with the collection thereof, including all
costs and expenses of collection, audit, reasonable attorneys' fees and other expenses, whether
or not legal proceedings are instituted;it being recognized by the parties that the extent of legal
services expenses necessarily incurred in the collection of required employer contributions in
certain cases have no relation to the fact that the amount of delinquency in question is relatively
small. However, the Trustees may waive the collection of all or part of the attorney fees,
expenses,costs,etc.for good cause shown.
In the event a collection suit is initiated, the venue for such suit may be had in any court
of competent jurisdiction,whether Federal or State court as permitted under prevailing law and
in the municipality in which the Trust Fund has an office, at the option of the Trustees.
Section 6. Special Provision Regarding Prompt Payment of Contributions
In the case of certain employers where, in the Trustees' sole discretion,circumstances are
such that contributions to the Fund should be made frequently, the Trustees shall have the
power to enforce the prompt payment of contributions to the Fund, together with such reports
and other requirements as the Trustees shall direct,as provided in Section 5,Article IV.
ARTICLE III
BOARD OF TRUSTEES
Section 1. Number and Appointment of Trustees •
•
The Fund shall be administered by a Board of Trustees which shall consist of five (5)
Trustees representing the employers, hereafter called the Employer Trustees, and five (5)
Trustees representing the employees, hereafter called the Union Trustees. The Employer
Trustees shall be appointed by the Chapter President of the Association,subject to the approval
of the Association's Board of Directors and such appointment shall be evidenced by an
instrument in writing signed by the Chapter Manager. The Union Trustees shall be chosen by
Local Union No. 1547, International Brotherhood of Electrical Workers, in accordance with its
internal rules, practices or procedures, and the Constitution of the LB.E.W. and such
appointment shall be evidenced by an instrument in writing signed by the Business Manager of
the Union.
By appropriate resolution the Trustees may enlarge the total number of Trustees, and
provide for the appointment thereof, provided that there always be an equal number of
Employer and Union Trustees.
4
Page 139 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Section 2. Chairman and Secretary-Treasurer — Committees —
Allocation and Dele_ation of Powers and Duties
The Trustees shall select one of their number as Chairman of the Board of Trustees and
one to be Secretary-Treasurer, it being provided,however,that at all times one of these officers
shall be an Employer representative, and one of these officers shall be an Employee
representative, and the offices may be rotated periodically as the Trustees shall determine, The •
Trustees may, by resolution, for a period not to exceed one year, establish such other offices
and committees as they may deem necessary and such offices and committees shall be filled by
a Trustee or Trustees. The Board of Trustees from time to time may, by resolution,allocate to
one or more Trustees, committees, or officers, and may delegate to arty persons or
organizations any right,power, duties and responsibilities with respect to the Trust Fund and
the Plan allocable or delegable by law. Any such allocation or delegation shall be reviewed at
least annually by the Trustees and shall be terminable upon such notice as the Trustees,in their
sole discretion, shall deem reasonable and prudent under the circumstances. No Trustee or
other fiduciary shall be under any obligation to perform any duty or responsibility with respect
to the Trust Fund or the Plan which has been allocated to other Trustees or to a Trustee
Committee of which such Trustee is not a member, or which has been delegated to another •
person or organization other than such Trustee or other fiduciary pursuant to this Plan and
Trust and the procedures established hereby.
Section 3. Term of Office
Each Trustee shall serve until termination of his appointment,his death or his resignation_
•
Section 4. Resignation
A Trustee may resign at any time by serving written notice of such resignation upon the
Chairman and the Secretary-Treasurer of the Board of Trustees, and the Association and the
Union.
Section 5. 'termination of Appointment
The appointment of any Union Trustee may be terminated at any time for any reason by
Local Union No. 1547, International Brotherhood of Electrical Workers, in accordance with its
internal rules,practices or procedures and the Constitution of the international Brotherhood of
Electrical Workers and such termination shall be evidenced by an instrument in writing signed
by the Business Manager of the Union and served on the Trustee, the Chairman and Secretary-
Treasurer of the Board of Trustees and the Association.
The appointment of any Employer Trustee may be terminated at any time,for any reason
by the Board of Directors of the Association and such termination shall be evidenced by an
instrument in writing, signed by the Chapter Manager and served on the Trustee and
Chairman and Secretary-Treasurer of the Board of Trustees and the Union.
5
Page 140 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A5.
Section S. Appointment oBliluccessor Trustees
If any Trustee dies, resigns, or has his appointment terminated, a successor Trustee shall
be appointed forthwith in accordance with the procedure specified in Section 1 above. Any
successor Trustee so appointed shall sign a document accepting his appointment as Trustee and
agreeing to abide by the terms and provisions of this Trust Agreement.
ARTICLE IV
FUNCTIONS AND POWERS OF BOARD OF TRUSTEES
Section 1. Application of Funds — insurance Contracts and Policies
The Board of Trustees shall promptly use the monies available in the Fund to provide the
benefits specified in the Health and Welfare Plan. The Board shall have power to enter into
contracts and procure insurance policies necessary to place into effect and maintain the Health
and Welfare Plan, to terminate,modify or renew any such contracts or policies, and to exercise
and claim all rights and benefits granted to the Board of Trustees or the Fund by any such
contracts or policies. The Board of Trustees may take any action respecting such policy or
contract or the insurance provided thereunder which may be necessary or advisable, and such
insurance carrier or party providing services or benefits shall not be required to inquire into the
authority of the Trustees with regard to any dealings in connection with such policy or
contract. Any such contracts may be executed in the name of the Fund, and any insurance
policies may be procured in such name.
Section 2. Interpretation and Construction of Documents
The interpretation and construction of all terms of this Agreement and the provisions of
any and all benefit plans is conunitted to the discretion of the Trustees and any such.
interpretation or construction shall be binding on the Union, the Employers, the participants
and beneficiaries, individual employees and anyone having a subscription or participation
agreement with the Trust.
Section 3. Administration of Plan and Trust
The Board of Trustees shall have the power to administer the Trust Fund and to
administer and maintain the Health and Welfare Plan in effect.
Section 4. Collection of Contributions
The Board of Trustees shall collect and receive all contributions due to the Fund,and shall
promptly deposit such contributions in a special Trust Fund account or accounts established in
an insured bank or banks located in the State of Alaska.
b
Page 141 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Section 5. Prompt Payment of Contributions
The Board of Trustees shall have the power to demand and enforce the prompt payment
of contributions to the Fund, and the payment of reimbursement for expenses and damages
due to delinquencies as provided in Section 8 and 9 of Article II. The Trustees may, but shall
•
not be required to, institute legal proceedings to collect delinquent employer contributions,
liquidated damages and attorneys' fees pursuant to Article II,Sections 8 and 9. In addition to
the obligations therein imposed in the event legal proceedings are instituted the delinquent
employer shall also be obligated for court costs and all other reasonable expenses of litigation
actually incurred by the Board of Trustees.
Section.6. General Powers of Trustees
•
The Board of Trustees shall have power to:
(a) Pay out of the Fund the reasonable expenses incurred in the establishment of
the Fund and the Health and Welfare Plan.
(b) Establish and accumulate such reserve funds as may be adequate to provide
for administration expenses and other obligations of the Fund, including the maintenance in
effect of the Health and Welfare Plan.
(c) Employ such executive,legal,accounting, consultant,actuarial, administrative,
clerical, and secretarial personnel and other employees and assistants, as may be necessary in
connection with the administration of the Fund and the Health and Welfare Plan and to pay or
cause to be paid.out of the Fund, the compensation and necessary expenses of such personnel •
and assistants and the cost of office space, furnishings and supplies and other essentials
required in such administration.
(d) Incur and pay out of the Fund any other expenses necessary to the
administration of the Fund or Health and Welfare Plan.
(e) Compromise, settle, or release claims or demands in favor of or against the
Fund on such terms and conditions as the Board of Trustees may deem desirable.
(f) Establish a fixed monthly amount of money to be contributed to the Fund for
an employee eligible under the Health and Welfare Plan who is compensated on a salary basis.
The monthly contribution for such an employee shall be commensurate with that contributed
monthly for hourly paid employees.
Section?. Fiduciary Standards
Each Trustee and other fiduciary shall discharge his duties and responsibilities with
respect to the Trust Fund and the Plan in accordance with the standards set forth in Section
404(a)(1) of ERISA, and without limiting the foregoing, each Trustee and other fiduciary shall
discharge his duties with respect to the Plan solely in the interest of the participants and
beneficiaries and for the exclusive purpose of providing benefits to participants and their
7
Page 142 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
beneficiaries and defraying reasonable expenses of administering the Plan. In carrying out the
foregoing the Trustees shall act: (1) with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent man acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of a like character and with like aims;
(2) by diversifying the investments of the Plan so as to minimize the risk of large loss, unless
under the circumstances it is clearly prudent not to do so; and (3) in accordance with the
documents and instruments governing the Plan insofar as such documents and instruments are
consistent with the provisions of ERISA.
Section 8. Rules and Regulations
The Trustees may promulgate such rules and regulations not inconsistent with the terms
hereof as may, in their discretion, be proper or necessary for the sound and efficient
administration of the Trust.
Section 9. Bonding and Insurance
The Board of Trustees shall procure fidelity bonds or such other bonds as may be required
by law for each Trustee or other person authorized to receive, handle,deal with or draw upon
•
the monies or property of the Fund for any purpose whatsoever, said bonds to be in such
amount as shall be required by law and further, the Board of Trustees is authorized to procure
fiduciary liability insurance for each Trustee and the Board of Trustees may require fiduciary
liability insurance coverage. The cost of the premiums for fidelity bonds or other bonds and
fiduciary liability insurance shall be paid out of the Fund.
Section 10. !cords
The Board of Trustees shall maintain those records necessary to comply with ERISA and
such other and additional records as shall be deemed suitable and adequate records of and for
the administration of the Fund and the Health and Welfare Plan. The Board may require the
Employer, and any signatory association, any individual employer, the Union, and employee
or any other beneficiary under the Health and Welfare Plan and any insurer required by ERISA
to maintain and provide Plan information to promptly furnish to the Trustees on demand such
payroll records, information, data, reports or documents required by ERISA to be furnished
and other information and data reasonably relevant to and suitable for the purposes of
administration of the Fund. The parties agree that they will use their best efforts to secure
compliance with any reasonable request of the Board of Trustees for any such information,
data, reports or documents. The Trustees or their authorized representatives,may examine the
pertinent payroll records of each individual employer with respect to the individual employees
benefiting from this Agreement whenever such examination is deemed necessary or advisable
by the Trustees in connection with the proper administration of the Fund and policies.
Section 11. Annum,. it
The books of account and records of the Board of Trustees,including the books of account
and records pertaining to the Fund, shall be audited at least once each year by a qualified
independent certified public accountant to be selected by the Board of Trustees. The Trustees
8
Page 143 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
•
shall make all reports required by law. A statement of the results of the annual audit shall be
available within the time required by law for inspection by interested persons at the principal
office of the Fund or at such other suitable place as the Board may designate from time to time.
Copies of such statement shall be delivered to the Employer, the Union and each Trustee
within five(5)days after the statement is prepared and a copy of such statement at all times be
available for inspection by interested persons at the principal office of the Fund.
Section 12. Coordinated.Administration
The Board of Trustees may, by unanimous vote, coordinate its activities in the
administration of the Fund and the Health and Welfare Plan with the administrative activities
of the boards of trustees of other trust funds and health and welfare plans, or health and
security plans established or to be established in the construction or electrical industries in
Alaska to such extent as may be necessary or desirable to minimize costs, eliminate
unnecessary bookkeeping and other expenses for the individual employers and avoid or
eliminate duplicating employer contributions or insurance coverage with relation to the same
employee. The Trustees may, by unanimous vote, agree to exercise any of its administrative
functions jointly with any one or more of the boards of trustees of such other trust funds,and it
may agree to join with any one or more of said boards in establishing a joint office or joint
administrative personnel. The Board of Trustees may,by unanimous vote,join with any one or
more of said boards in jointly purchasing benefits for the employees covered by this Plan and
by health and security or health and welfare plan administered by said boards or may merge
trusts in accordance with the provisions of Article X hereof.
•
ARTICLE V
PROCEDURE OF BOARD OF TRUSTEES
Section 1. Meetings
The Board of Trustees shall determine the time and place for regular periodic meetings of
the Board, The Board of Trustees shall meet at least twice a year to review the administration
•
of the Fund and of the Plan. Either the Chairman or the Secretary-Treasurer, or any two
members of the Board of Trustees may call a special meeting of the Board of Trustees by giving
written notice to all other Trustees of the time and place of such meeting at least seven(7)days
before the date set for the meeting_ Any meeting at which all Trustees are present in person,or
concerning which all Trustees have waived notice in writing, shall be a valid meeting without
the giving of any notice.
Section 2. Action Without a Meeting
The Trustees may take action, without a formal meeting, by means of a conference
telephone call,provided that all Trustees participate in the call. Likewise,the Trustees may act
in writing without a formal meeting provided that the writing is circulated amongst all the
Trustees, In the case of any action taken by conference telephone call or in writing without a
9
•
Page 144 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
meeting, the Trustees must unanimously approve such action. A report of any such action
shall be included in the minutes of the next formal meeting.
Section 3. Place of Meetings
All formal meetings of the Trustees shall be held at the principal office of the Fund unless
another place is designated from time to time by the Trustees.
Section 4. Constitution of Ouorum
To constitute a quorum at any regular or special meeting of the Board of Trustees, there
must be present in person at least two(2)Employer Trustee and two(2)Union Trustees.
Section 5. Manner of Voting
Any action to be taken by the Trustees pursuant to this Agreement shall he by majority
vote.
Each Employer Trustee shall have one vote and each Union Trustee shall have one vote,
provided, however, that at any meeting at which less than the full number of Employer •
Trustees are present,those who are present shall be entitled,pro rata,to cast the full number of
Employer Trustee votes and at any meeting at which less than the full number of Union
Trustees are present, those who are present shall be entitled,pro rata,to cast the full number of
Union Trustee votes. To encourage full attendance and to provide for an intelligent review of
the issues being voted upon, there shall be no proxies. A Trustee must be present in order to
cast a vote.
Section 6. Chairman and Secretary-Treasurer
The Chairman shall chair the meetings of the Board of Trustees and shall carry out such
other duties as the Trustees may assign to him.
The& retary-Treasurer shall chair the meetings in the absence of the Chairman,shall be
responsible for advising the Trustees as to all correspondence and financial reports pertaining
to the Trust, and shall carry out such other duties as the Trustees may assign to him. He shall
also keep minutes or records of all meetings, proceedings, and actions of the Board, provided,
however, that these particular responsibilities may be delegated to the attorney, the consultant,
or the administrator.
The Trustees may, by resolution, for a period not to exceed one year,establish such other
offices as they may deem necessary and such offices shall be filled by a Trustee.
Section 7. Authorized Signatures
Whenever the signature of the Trustees is required on any certificate,contract, or on any
other document or instrument,only the signatures of the Chairman and Secretary-Treasurer,or
such other signatures as may be authorized by the Trustees, shall be required, provided, that
10
Page 145 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
there be at least one (1)Employer Trustee signature and one(I)Union Trustee signature. Any
persons dealing with the Trustees may rely upon such certificate, contract, document or
instrument for all purposes. One(1)but not both Trustees may delegate signature authority to
the Plan Administrator.
Section 8. Arbitration of Deadlocked Issues
In the event the Board of Trustees is deadlocked on any matter dealing with the
administration of this Trust, or any matter which shall be submitted for their concurrence,such
dispute shall be referred for decision to an impartial arbitrator chosen by joint action of the
Employer Trustees and the Union Trustees.
If the impartial arbitrator cannot be agreed upon within ten (10) days, or within such
further time as the Trustees may allow for such purpose,by mutual agreement, then either the
Employer Trustees or the Union Trustees may petition the Senior Judge of the United States
District Court for the District of Alaska to name the impartial arbitrator. The decision of the
impartial arbitrator shall be conclusive and binding upon all parties.
The expense of any such arbitration, including any necessary proceedings to secure the
appointment of an arbitrator or the enforcement of the arbitration award, and the fee of the
arbitrator,and the reasonable attorneys'fees and witness fees of the parties(in such amounts as
are approved by the Board of Trustees),shall be a proper charge against the Trust Fund.
ARTICLE VI
GENERAL.PROVISIONS APPLICABLE TO TRUSTEES
•
Section 1. Trustees'Duties Limited to Agreement
The duties,responsibilities, liabilities and disabilities of any Trustee under this Agreement
shall be determined solely by the express provisions of the Agreement and ERISA and no
further duties,responsibilities,liabilities or disabilities shall be implied or imposed.
Section 2. Trustees'Liabilities
No Trustee shall be liable for any act or omission to act of any other Trustee, or any
Trustee Committee of which he is not a member, or of any other person or organization to
whom any responsibility of such Trustee is allocated or delegated pursuant to the Plan and
'Crust in carrying out such responsibility except to the extent that such Trustee:
(a) Violates the provisions of Article III, Section 2, with respect to the
establishment or implementation of the allocation and delegation procedures provided for
herein,or in continuing such allocation or delegation;
11
Page 146 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
(b) Participates knowingly in, or knowingly' undertakes to conceal, any acts or
omissions of such person, knowing such act or omission is a breach of such person's fiduciary
responsibilities;
(c) By his failure to comply with the provisions of Article IV in the administration
of his specific responsibilities hereunder, enable such other person to commit a breach of such
person's fiduciary responsibilities;or
(d) Has knowledge of a breach by such other person, unless he makes reasonable
effort under the circumstances to remedy the breach.
Subject to the above provisions, the Trustees and each Trustee shall be fully protected in
acting upon any instrument, certificate or paper, believed by them to be genuine and to be
signed or presented by the proper person or persons and shalt be under no duty to make any
investigation or inquiry as to any statement contained in any such record, but may accept the
same as conclusive evidence as the truth and accuracy of the statements therein contained.
Section 3. Parties'Liabilities — Contracts and Policies — Delays
Neither the Association, an individual employer, the Union nor any of the Trustees shall
be responsible or liable for
(a) The form,validity,sufficiency,or effect of any contract or policy for health and
welfare benefits which may be entered into.
(b) Any delay occasioned by any restriction or provision in this Trust Agreement,
the Health and Welfare Plan, the rules and regulations of the Board of Trustees issued
hereunder, any contract or policy procured in the course of the administration of the Fund, or
by any other proper procedure in such administration;provided,however, that this clause shall
not excuse any violation of the collective bargaining agreement or ERISA.
Section 4. Compensation and Expenses
The Trustees shall serve without compensation from the Trust Fund; provided,however,
that the Trustees may be reimbursed for expenses properly and actually incurred in the
performance of their duties as Trustees and provided, further, that a Trustee may receive an
advance to cover expenses to be properly and actually incurred by such person in the
performance of his duties as Trustee if: (a) the amount of such advance is reasonable with
respect to the amount of the expense which is likely to be properly and actually incurred in the
immediate future, and (b) the Trustee accounts to the Trust Fund at the end of the period
covered by the advance for the expenses actually incurred. It is recognized that periodic
attendance at educational conferences, seminars, or meetings which directly pertain to the
duties and responsibilities of the Trustees or the proper management of the Fund are expenses
properly incurred.
In addition, premiums for liability insurance insuring the Trust and the Trustees may be
paid from the Trust Fund to protect the Trust and the Trustees and also to make it possible for
12
Page 147 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13A5.
the Trust Fund to be reimbursed to the extent of any insurance recovery under any such
insurance policy, provided that such insurance, to the extent required by law, shall permit
recourse by the insurance carrier against the Trustee. Nothing herein shall be deemed to
preclude a Trustee,Employer,or Union from purchasing liability insurance for the account of a
Trustee or from purchasing a waiver of such right of recourse by the insurance carrier of any
insurance policy purchased by the Trust Fund with respect to such Trustee.
Section 5. Return of Books and Records
Any Trustee who resigns or whose appointment has been terminated shall forthwith turn
over to the Chairman or Secretary-Treasurer of the Board of Trustees any and all records,
books, documents, monies and other property in his possession or under his control which
belong to the Fund or which were received by him in his capacity as Trustee.
Section 6. Nondiscrimination
No decision shall be made by the Board of Trustees in the administration of the Fund or•
Health and Welfare Plan which is unlawfully discriminatory under the provisions of ERISA or
other application of federal or state law.
ARTICLE VII
CLAIMS REVIEW
Section 1. Claims for Benefits
No employee or other beneficiary shall have any right to claim benefits under the Health
and Welfare Plan, except as specified in the policies, or contracts, procured or entered into
pursuant to Section 2 of Article VI. Any claim or dispute as to eligibility, type, amount or
duration of benefit shad be resolved by the insurer or administrator under and pursuant to the
Plan, subject to review by the Board of Trustees, and the employee or other beneficiary shall
have no right to claim with respect thereto against the Fund or the Trustees. Neither the
Employer, any signatory association, the Union nor any of the Trustees,shall be liable for the
failure or omission for any reason to pay any benefits under the Health and Welfare Plan.
Section 2. Review by Trustees
Any participant or beneficiary aggrieved by a decision of the Administrator or insurer
denying eligibility for any benefit under this Plan, or being aggrieved by any decision of the
aforementioned regarding the type,amount, or duration of such benefits shall be entitled to a
review of such decision by the Board of Trustees. Review shall be by the Appeals Committee of
the Board of Trustees,or by the full Board of Trustees, as shall be determined by the Board of
Trustees. To obtain review, the aggrieved participant or beneficiary shall advise the Board of
Trustees in writing of the specific reasons for objection to the decision of the Administrator
and/or insurer not more than sixty (60) days after the disputed decision is communicated to
the participant.
13
Page 148 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Section 3. Procedures for Hearings
Within thirty (30) days of the receipt of the written request for review, the Board of
Trustees shall notify the aggrieved participant or beneficiary of the date, time, and place of the
hearing before the Committee or the full Board,as appropriate. Such notice shall be mailed by
first class mail to the aggrieved participant or beneficiary's address of record. An aggrieved
participant or beneficiary may, but need not, be represented at his or her expense by an
attorney of his or her choice.
•
Upon receipt from the aggrieved participant or beneficiary, the Board of Trustees shall
provide to the aggrieved participant or beneficiary all sources of information upon which the
decision of the Administrator and/or insurer was based, and permit the aggrieved participant
or beneficiary to examine all documents and records relating to the decision in the possession of
the Board of Trustees.
A written record shall be made of the proceedings at the hearing by such method as the
Board of Trustees shall determine. In conducting the hearing, the Board shall not be bound by
the usual common law or statutory rules of evidence. There shall be copies made of all
documents and records introduced at the hearing which shall be attached to the record of the
hearing and made a part thereof.
The aggrieved participant or beneficiary shall be afforded the opportunity of presenting
evidence in writing or orally.
The decision of the Board of Trustees shall be communicated by written notice,delivered
to or mailed to the aggrieved participant or beneficiary setting forth the specific reason for the
denial of any claim and indicating those portions of the Plan or of the rules or regulations upon
which the decision is based. Notification to the participant or beneficiary shall be written in a
manner that may be understood by the participant or beneficiary without the need for legal or
•
other professional counseling. A copy of this Article shall be included with the decision.
Section 4. Appeal to Arbitration
If the employee or beneficiary is dissatisfied with the written decision of the Trustees, he
shall have the right to request the appointment or an impartial arbitrator to review the matter
in accordance with the Labor Arbitration Rules of the American Arbitration Association. Such
request must be filed, in writing, with the Trustees within thirty (30) days of receipt of the
written decision. The Administrator will assist in the preparation of request for arbitration, if
asked to do so.
In the event the matter is submitted to arbitration, the question for the arbitrator shall be
whether, in the particular instance, the Trustees (1) were in error upon any issues of law, (2)
acted arbitrarily or capriciously in the exercise of their discretion, or(3) whether their findings
of fact were supported by substantial evidence. The expenses of arbitration shall be borne
equally by the appealing party and by the Trust Fund. The decision of the arbitrator shall be
final and binding upon the Trustees and upon the appealing party.
14
Page 149 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Rights and Duties of Parties
Subject to the provisions of the collective bargaining agreements, the rights and duties of
all parties, including the Association, the individual employers, the Union, the employees and
their dependents, and the Trustees,shall be governed by the provisions of this Agreement and
the Health and Welfare Plan as interpreted and construed by the Trustees in their discretion.
Section 2. Applicable Laws and Regulations
The undersigned parties are executing this Trust Agreement with the intention of
establishing a Trust which complies with all applicable provisions of ERISA, the Internal
Revenue Code, the Labor-Management Relations Act, and the Welfare and Pension Plans
Disclosure Act,and the parties intend that all questions pertaining to the validity,construction
and administration of this Trust Agreement shall be determined in accordance with said laws,
ERISA,and such other laws or regulations as may be applicable.
Section 3. Severability
If any provisions of this Trust Agreement, the Health and Welfare Plan, the rules and
regulations made pursuant thereto,or any step in the administration of the Fund or the Health
and Welfare Plan is held to be illegal or invalid for any reason,such illegality or invalidity shall
not affect the remaining portions of the Agreement, the Plan or the rules and regulations,
unless such illegality or invalidity prevents accomplishment of the objectives and purposes of
the Agreement and the Plan. In the event of any such holding, the Trustees will take
appropriate action to remedy any such defect.
Section 4. Inspection of Records
All fads and all matters of record shall be made available and open to examination and
inspection of all of the Trustees and of each group of Trustees equally at all times and no
favoritism of one group over the other, with reference to any fact or administration, shall be
permitted at any time. Except to the extent specified by ERISA and the Plan and Trust
Agreement all books, records, papers, reports, documents, or other information obtained with
respect to the Fund or the Plan shall be confidential and shall not be made public or used for
any other purpose.
Section S. Amendments
This Trust Agreement may be modified or amended by action of the Board of Trustees in
the same manner in which any other action of the Board of Trustees may be taken.
15
Page 150 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
ARTICLE IX
NON-MEMBER EMPLOYERS
It is the intent of the signatory parties and all employers in the Alaska electrical industry,
or employers who are parties to collective bargaining agreements or special agreements with
IBEW Local Union No. 1547 or other participating local unions and the employees for whom
they make contributions, will be permitted to participate in the Plan. The Trustees shall have
the authority in their discretion to permit additional unions, other than IBEW Local Union No.
1547, and employers other than those engaged in the Alaska electrical industry with whom
such unions bargain and employees whom such unions represent, to participate in the Plan
provided that such unions and employers are parties to collective bargaining agreements or
special agreements requiring the making of contributions to this Trust, The participation of
such unions and employers is a matter of privilege and not of right, and, if granted, shall be
subject to whatever conditions and limitations the Trustees may impose.
Likewise, the Trustees shall have the authority, in their discretion, to enter into"special
agreements" with employers or other persons by the terms of which said employers or other
persons agree to make contributions to this Trust Fund for the purpose of allowing the
employees or other persons mentioned in the special agreement to participate in the Health and •
Welfare Plan. For example,such an agreement might be entered into between the Trustees and
the Union or the Association, for the purpose of extending the Health and Welfare Plan to the
employees of the Union, or the Association, or such an agreement might be entered into
between the Trustees and a.participating employer for the purpose of extending the Health and
Welfare Plan for the office employees of the employer. The execution of a"special agreement"
covering miscellaneous groups of employees or other persons is a matter of privilege and not a
right and, if granted, shall be subject to whatever terms and conditions the Trustees may
impose. The Trustees shall have the authority, by special agreement, to provide employees of
the Trust Fund or of related trust funds with the benefit plans provided through this Trust,
The cost of such coverage shall be chargeable to such Trust Fund or the related trust fund.
Any individual employer or other person who executes and deposits any such written
acceptance, or in fact makes one or more contributions to the Fund, or on whose behalf an •
association deposits such written acceptance, assumes and shall be bound by all of the
obligations imposed by this Trust Agreement upon the individual employer and shall be
entitled to all rights under this Agreement,and shall otherwise be subject to it in all respects.
ARTICLE X
NON-SIGNATORY UNIONS
It is understood that other local unions, affiliated with the AFL-CIO which may be
chartered in the future may wish to participate in the Health and Welfare Plan established by
the parties hereto. Upon proper application such local unions may be accepted on the terms
and conditions of the collective bargaining agreement and any applicable law or regulation.
16
Page 151 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Signatory associations and individual employers shall be bound by such amendments and/or
modifications.
ARTICLE XI
TERMINATION AND MERGER
This Trust Agreement shall continue in existence until such time as it is terminated by one
of the following means:
(a) Action of the Board of Trustees,or
(b) Termination of all collective bargaining agreements requiring the payment of
contributions to this Trust; provided, however, that for purposes of this subparagraph, a
collective bargaining agreement shall not be deemed terminated in a strike or lockout situation,
unless said strike or lockout continues for more than six(6)months.
Recognizing that at some time or times in the future, the Trustees may deem it in the best
interests of participating employers, labor organizations, and employees to merge the Trust
Fund into one or more other employee benefit trust funds or to accept the merger of one or
more other employee benefit trust funds into this Trust Fund, the Trustees are authorized to
investigate, and negotiate any such merger and to enter into appropriate agreements to
consummate such a merger provided that if any signatory parties hereto are other than the
Trustees,any merger shall require the written approval of the signatory parties as well. Should
the Trust Fund be merged in another employee benefit trust fund, the Trustees are authorized
to terminate this Trust Fund and transfer the remaining money and assets to the other fund.
Conversely,in the event of the merger of other benefit trusts into this Trust Fund,the Trustees
are authorized to accept the transfer of remaining monies and assets. Upon termination of this
Trust Agreement, any of the funds remaining after the payment of expenses shall be used for
the continuation of payment of benefits as determined by the Trustees until such funds have
been exhausted.
In no event shall the Trust established by this Agreement continue for a longer period
than is permitted by law.
ARTICLE XII
RECIPROCITY
The Trustees shall have the authority to enter into reciprocal agreements with other
employee benefit funds providing similar benefits to those provided through the Trust Fund,
for the exchange of eligibility credits or monies for the payment of pro rata benefits, in order to
protect employees who may terminate their participation in the Trust Fund and begin
participation in a reciprocal trust fund and vice versa.
17
Page 152 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
EMPLOYER TRUSTEES UNION TRUSTEES
( /
Date: I/Y,y$ Date: 7/5 (0
Date: 779/!e Date: )A A/
/
��i ,A _ &A* �'.� /� v.
Date: _____ l(/ Date: 7/0;:? I
Date: " !I 9 ,Si Date: 77F-2 P
Date: MIAL/Li C C !� Mi; e /'/ilia r:� _
ALASKA CHAPTER-NATIONAL LOCAL UNION 1547, INTERNATIONAL
ELECTRICAL CONTRAL I OILS BROTHERHOOD OF ELECTRICAL
ASSOCIATION /� /7 WORKERS By: I ' 7 �( .$t4c. By: 17414'--
U J Title: /�4M-aa:.L Title: S EHe,`y'�
Date: 1 (qj, ,/rj , Date: -/ �J/5J
PN{rw sr,.-am,rxr.I tf Ffa,.
IS
Page 153 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
AMENDMENT NO.1 TO THE
TRUST AGREEMENT GOVERNING THE
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
As Revised and Restated Effective July 9,1998
ARTICLE VII-CLAIMS REVIEW
Section 2.Review by Trustees
The following new sentence is added at the end of Article VII,Section 2:
Effective January 1,2002,and notwithstanding any other provision of this
Section, a participating employee who applies for weekly disability(time
loss) benefits on or after January 1,2002 and whose application is denied
shall have one hundred and eighty (180) days from the date he receives
notification of the denial to request a hearing before the Trustees.
Section 4. Appeal to Arbitration
The following new paragraph is added at the end of Article VII,Section 4:
Effective January 1, 2002, pursuant to regulations issued by the
United States Department of Labor,a participating employee who applies
for weekly disability (time loss) benefits on or after January 1, 2002 and
whose application is denied by the Trustees may no longer appeal that
denial to arbitration. The provisions of this Section shall continue to apply
to any other participating employee or beneficiary who wishes to appeal
from a written decision issued by the Trustees pursuant to Section 3,
above.
Adopted at a Trust meeting on September 30,2002 and effective as of January 1,2002.
T
Chairman Secretary
Page 154 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
•
AMENDMENT NO.2
TO THE TRUST AGREEMENT GOVERNING THE
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
As Revised and Restated Effective July 9,1998
ARTICLE VII-CLAIMS REVIEW
Section 2. Review by Trustees
•
•
Article VII,Section 2 is amended to state as follows:
Any participant or beneficiary aggrieved by a decision of the
Administrator or insurer denying eligibility for any benefit under this
Plan,or being aggrieved by any decision of the aforementioned regarding
the type,amount,or duration of such benefits shall be entitled to a review
•
of such decision by the Board of Trustees. Review shall be by the Appeals •
•
Committee of the Board of Trustees, or by the full Board of Trustees, as •
•
shall be determined by the Board of Trustees. To obtain review, the
aggrieved participant or beneficiary shall advise the Board of Trustees in
writing of the specific reasons for objection to the decision of the
Administrator and/or insurer not more that one hundred and eighty(180)
days after the disputed decision is communicated to the claimant.
•
Section 3.Appeal Procedures
Article VII,Section 3 is amended to state as follows:
Appeal Procedures
The procedures specified below shall be the exclusive procedures available to a
participant or beneficiary who is dissatisfied with an eligibility determination,benefit denial or
partial benefit award or any other adverse benefit determination by the Plan or its authorized
claims payers. These procedures must be exhausted before a claimant may file suit under
Section 502(a)of ERISA
a. Information To Be Provided Upon Request
The claimant and/or his or her authorized representative may upon request and
free of charge have reasonable access to all documents relevant to the claim for
benefits. Relevant documents shall include information relied upon,submitted,
considered or generated in making the benefit determination. It will also include
internal guidelines, procedures or protocols concerning the denied treatment
option without regard to whether such document or advice was relied on in
making the benefit determination. Absent a specific determination by the
Page 155 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Trustees that disclosure is appropriate, relevant documents do not include any
other individuals medical or claim records or information specific to the
resolution of other individuals'claims.
If a denial is based upon a medical determination, an explanation of that
determination and its application to the claimant's medical circumstances is also
available upon request.
b. Conduct of Hearings By the Appeal Committee
Except for urgent care and pre-service health claims,an appeal will be presented
to the Plan's Appeals Committee at its next quarterly meeting. If an appeal is
received less than 30 days before the next quarterly meeting,consideration of the
appeal may be postponed (if necessary) until the second quarterly meeting
following receipt of the appeal.
The Appeals Committee shall consist of at least one Employer and one Labor
Organization Trustee. The Appeals Committee will review the administrative
file which will consist of all documents relevant to the claim. It will also review •
all additional information submitted by or on the participant's behalf. The
review will be tic novo and without deference to the initial denial.
If the denial is based on medical judgment,the Appeals Committee will consult
with a health care professional who has appropriate training and experience in
the field of medicine involved in the medical judgment. The Plan may have an
individual with a different licensure review a matter if they are trained to deal
with the condition involved. The health care professional consulted will not be
the individual who made the initial benefit determination nor the subordinate of ;•
that individual. The Appeals Committee will identify by name any individuals
consulted for medical or vocational advice.
The claimant or his or her representative will be allowed to appear before the
Appeal Committee and present any evidence or witnesses. if the claimant elects
to appear before the Appeal Committee,a copy of the administrative file will be
mailed to the participant. If the claimant does not elect to appear, the hearing
will be determined based on the administrative file and the comments of any
witnesses consulted.
If the claimant does appear at the hearing (or if the Appeals Committee
otherwise determines that such a record is appropriate) a stenographic record
shall be made of any testimony provided. The Appeals Committee may in its
discretion set conditions upon the conduct of the hearing, the testimony or
attendance of any individual or address other procedural matters which may
occur during a specific hearing.
2
Page 156 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
c. Issuance of a Decision
•
The Appeals Committee will provide the claimant written notification of its
decision within five days. Where appropriate,the Committee may issue a more
detailed explanation of the reasons for its decision within 30 days of die hearing.
The decision will set out the specific reasons for an adverse decision, reference •
the plan procedure involved,inform the claimant that all information relevant to
the individual's claim is available upon request and free of charge, notify the
claimant of his or her rights under section 502(a) of ERISA,identify any internal
rule or guideline relied on(or reference that it is available free of charge),and if a
denial is based on a medical judgment,an explanation of the medical judgment
applying it to the claimant's case or a statement that such information is
available.
If a decision cannot be reached at the initial meeting at which an appeal is heard,
the Appeals Committee may defer a decision on an appeal until the next •
quarterly scheduled appeals meeting provided that written notice is provided to
the claimant. •
•
Section 4. Appeal to Arbitration
The last paragraph of Article VII,Section 4 is revised to state as follows:
Effective January 1, 2003, the provisions of this Section shall not
apply to any "adverse benefit determination" as defined in U.S.
Department of Labor Regulation Section 2560.503-1(m)(4)which relates to
a claim for benefits filed on or after January 1,2003.The provisions of this
Section shall continue to apply to any other appeal from a decision issued
by the Trustees pursuant to Section 3,above.
Adopted January 13,2003,and effective as of January 1,2003.
Chairman Secretary
3
Page 157 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
AMENDMENT NO.3 TO THE
TRUST AGREEMENT GOVERNING THE
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
The Agreement and Declaration of'Trust governing the Alaska Electrical Health and
Welfare Fund is hereby amended as follows,effective upon adoption:
ARTICLE V-PROCEDURE OF BOARD OF TRUSTEES
Section 5. Manner of Voting
Article V,Section 5 is amended to state as follows:
Any action to be taken by the Trustees pursuant to this Agreement
shall be by unanimous vote at a meeting of the Trustees,or by unanimous vote,in
writing,without a meeting. All Employer Trustees shall have but one vote among
them,and all Union Trustees shall have but one(1)vote among them. The vote of
each group of Trustees shall be determined by a majority vote within each group.
To encourage hill attendance and to provide for an intelligent review
of the issues being voted upon, there shall be no proxies. A Trustee must be
present in order to vote.
Adopted at a meeting of the Board of Trustees on AU"• 20
Board of Trustt s Secretary,41-
Chairman, Board of"Trustees
Page 158 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
AMENDMENT NO.4 TO THE
AGREEMENT AND DECLARATION OF TRUST GOVERNING THE
ALASKA ELECTRICAL HEALTH AND WELFARE FUND
ARTICLE III—BOARD OF TRUSTEES
Section 2. Chairman and Secretary-Treasurer — Committees — Allocation and
Delegation of Powers and Duties
Article HI,Section 2 is re-titled and amended to state as follows:
Chairman and Co-Chairman — Committees — Allocation and
Delegation of Powers and Duties
The Trustees shall select one of their number as Chairman
and one as Co-Chairman. One of these officers shall be an
Employer Trustee and the other shall be a Union Trustee. The
Chairman shall chair the meetings of the Board of Trustees and
shall cany out such other duties as the Trustees may assign to him.
The Co-Chairman shall chair the meetings in the absence of the
Chairman and shall cany out such additional duties as the Trustees
may assign to him.
The offices of Chairman and Co-Chairman shall be rotated
each January 1", such that the Chairman shall become the Co-
Chairman and vice versa. The first such rotation shall occur on
January 1,2007.
The Trustees may,by resolution, for a period not to exceed
one (I) year, establish such other offices as they may deem
necessary and such offices shall be filled by a Trustee.
The Board of'Irustees from time to time may,by resolution,
allocate to one or more Trustees, committees, or officers, and may
delegate to any persons or organization any right, power, duty or
responsibility with respect to the Trust Fund and the Plan allocable
or delegable by law. Any such allocation-or delegation shall be
reviewed at least annually by the Trustees and shall be terminable
upon such notice as the Trustees, in their sole discretion,shall deem
reasonable and prudent under the circumstances. No Trustee or
other fiduciary shall be under any obligation to perform any duty or
responsibility with respect to the Trust Fund or Plan which has been
allocated to other Trustees or to a Trustee committee of which such
Trustee is not a member, or which has been delegated to another
person or organization other than such Trustees or other fiduciary
pursuant to this Trust Agreement and the procedures established
hereby.
Page 159 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
Section 4. Resignation
•
Section S. Termination of Appointment
Article IV, Sections 4 and 5 are amended by substituting the term "Co-Chairman" for
"Secretary-Treasure`"wherever it appears.
ARTICLE V—PROCEDURE OF BOARD OF TRUSTEES
Section I. Meetings
The second sentence of Article V,Section 1 is amended by substituting the term"Co-Chairman"
for"Secretary-Treasurer." •
Section 6. Chairman and Secretary-Treasurer
Article V,Section 6 is deleted and former Sections 7 and S are re-numbered as Sections 6 and 7,
respectively.
Section 7. Authorized Signatures
The first sentence of former Article V, Section 7,now renumbered as Section 6,is amended by
substituting the term"Co-Chairman"for"Secretary-Treasurer."
Adopted at a Trust meeting on KbvC-wt86-R 9 ,2006 and effective upon adoption.
Co-Chao fhan Co-Chairman
•
Page 160 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.A.5.
History of NECA Inside and Outside Health and Welfare rates
Updated: 04102/17
INSIDE AGREEMENT OUTSIDE AGREEMENT
Date Rate From Increase Date Rate From
4/1/2003 $6.30 Trustee 7.50%'' 4/1(2003 $6.30 Trustee
3/1/2005 $6.75 Trustee . 7.50%j 3/1/2005 $6.75 Trustee
5/1/2007 $7.45 Trustee ' 10.37%1 5/1/2007 $7.45 Trustee
5/1/2008 $7.82 Trustee 5%If 5/1/2008 $7.82 Trustee
4/1/2009 $8.20 Trustee 5%!. 4/1/2009 $8.20 Trustee
4/1/2010 $8.62 Trustee 5% ! 4/1/2010 $8.62 Trustee
4/1/2011 $9.15 Trustee ' 6% I . 4/1/2011 $9.15 Trustee
4/1/2012 $9.63 Trustee 5.3%I . 4/1/2012 $9.63 Trustee
4/1/2013 $10.53 Trustee . . 9.15%1 . 4/1/2013 $10.53 Trustee
4/1/2014 $11.06 Trustee 5% 4/1/2014 $11.06 Trustee
65.82%divided by 10 years 0.06582 Average increase
Page 161 of 214
Contract No. FY2015-03 Non-Union Employee Participation in A...
AGENDA ITEM #13.B.1.
KODIAK ISLAND BOROUGH
/,.r ` AGENDA STATEMENT
JUNE 19, 2014
r. ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak Island Borough
Non-Profit Funding.
ORIGINATOR: Nova Javier
FISCAL IMPACT: Yes 398,992 FUNDS AVAILABLE: Yes
Account Number: Amount Budgeted: $409,500
SUMMARY STATEMENT:
The Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non-profit
organizations that provide services that enrich our lives. The Kodiak charitable non-profit
organizations provide humanitarian services that many of our community members rely
upon.These organizations provide expanded education, cultural, and health services that
cannot be provided through the ordinary governmental budget.
These organizations expand the services that can be provided, with limited funds, through the
utilization of volunteers. The viability of these services is fundamental to the quality of life
enjoyed in the community.
The Non-Profit Funding Committee reviewed the applications and recommended funding to
the Assembly as reflected in the attached resolution.
Total Amount Appropriated for FY2015 = $409,500
Total Amount for Initial Nonprofit Funding for FY2015 = $398,992
Amount Left for Contingency Funding for FY2015 = $10,508
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2014-32.
Kodiak Island Borough
Page 162 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak I...
AGENDA ITEM #13.8.1.
1 Introduced by: Borough Manager
2 Requested by Borough Assembly
Drafted by: Finance Director
3
Introduced on: 06/19/2014
4 Adopted on:
5
5 KODIAK ISLAND BOROUGH
7 RESOLUTION NO.FY2015-32
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 APPROVING FISCAL YEAR 2015 KODIAK ISLAND BOROUGH NON-
11 PROFIT FUNDING
12
13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many
14 benevolent non-profit organizations that provide services that enrich our lives; and
15
16 WHEREAS, Kodiak Area charitable non-profit organizations provide humanitarian services
17 that many of our community members rely upon:and
18
19 WHEREAS, these organizations provide expanded education, cultural, and health
20 services that cannot be provided through the ordinary governmental budget; and
21
22 WHEREAS, these organizations expand the services that can be provided, with limited
23 funds,through the utilization of volunteers; and
24
25 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in
26 the community.
27
28 WHEREAS, the Kodiak Island Borough Assembly appropriated a total of $409,500 for
29 FY2015 and the initial funding to the Non-Profits listed below is $398.992 which leaves
30 $10.508 for contingency funding.
31
32 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
33 BOROUGH that the Kodiak Island Borough contributions to non profits will be allocated per
34 the attached spreadsheet.
35
36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
37 THIS DAY OF ,2014
38
39 KODIAK ISLAND BOROUGH
40
41
42
43 ATTEST: Jerrol Friend, Borough Mayor
44
45
46
47 Nova M.Javier,MMC, Borough Clerk
Kodiak Island Borough,Alaska Resolution No.FY2015-32
Page 1 of 2
Page 163 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak 1...
AGENDA ITEM #13.B.1.
FY2015 NONPROFIT FUNDING
Brother Francis Shelter $ 70,000
Hope Community Resources 5,500
Hospice and Palliative Care of Kodiak 20,000
Island Trails Network 9,586
Kodiak Arts Council 16,500
......................
Kodiak Community Health Center 20,000
...................
Kodiak Island Food Bank 45,120
Kodiak Soil and Water Conservation District 7,300
Kodiak Womens Resource and Crisis Center 60,000
Marian Center Inc. 5,000
Providence Kodiak Island Counseling Center 25,000
Senior Citizens of Kodiak 45,000
Kodiak Historical Society 9,945
Kodiak Area Transit System 25,000
Alutiiq Heritage Foundation 19,041
Kodiak Area Native Association 6,000
Kodiak Public Broadcasting Corporation 10,000
TOTAL $ 398,992
48
Kodiak Island Borough,Alaska Resolution No.FY2015-32
Page 2 of 2
Page 164 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak I...
AGENDA ITEM #13.B.1.
Kodiak Island Borough
MEMORANDUM
TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough
FROM: Non-Profit Funding Sub-Committee, Assembly members Carol Austerman, Chris
Lynch and Dave Kaplan
SUBJECT: FY 2014-15 Non-Profit Funding Recommendations
DATE: May 19, 2014
The Non-Profit Funding Committee met several times to review the applications for FY2014-15
Borough Non-Profit funding, The direction to the committee is to review the applications and
make a recommendation to the full Assembly for approval of funding up to .03%of the 2014
(FY2015)Certified Tax Roll.
Per Bill Roberts,the 2014 certified tax role is estimated to be$1,170,000,000. At.03%non-
profit support would be$351,000.
The total amount of nonprofit funding for FY 2013-14 funding was$398,000.
The applications for FY 2015 totaled $476,591. Thus our initial goal was to cut over$100,000
from the requests to meet the funding amount. The first stage of elimination consisted of
applications that were received after the deadline or were incomplete. The applications fully
eliminated were as follows:
Humane Society of Kodiak $ 6,000 Did not provide 201.3-14 grant report(did provide 2012-13)
Kodiak Special Olympics 7,500 Late application
American Red Cross 7,101 Did not provide planning document
Kodiak Head Start 9,000 Did not provide financials
Salvation Army of Kodiak 10,000 Did not provide financials
Threshold Services 10,300 Did not provide planning document
Girl Scouts 1,000 Late application
Kodiak Maritime Museum _ 10,391 Did not provide financials
$ 61,292
After review of the applications, we also recommend making the following reductions to
requested amounts:
Alutiiq Heritage Foundation
Requested Amount-$24,348
Recommended Amount- $19,041
The Alutiiq Museum requested funding to develop podcasts of the Alutiiq Word of the Week and
to draft a new marketing plan for the museum. We recommend cutting the amount that would
pay for the marketing plan since that portion of the request does not fall under Borough
powers.
Page 165 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak I...
AGENDA ITEM #13.B.1.
Kodiak Area Native Association
Requested Amount-$12,000
Recommended Amount-$6,000
KANA is requesting funding from the Borough to supplement the State funded WIC
program. Since this is a State program, and KANA has a budget that is significantly larger than
the other non-profits applying for funding, our recommendation is to cut the request by 50%.
KMXT
Requested Amount- $15,000
Recommended Amount- $10,000
KMXT is requesting funding for general operating costs, with an increase over prior year's costs
due to the addition of a new radio station. The Assembly has voiced its desire to move away
from funding general operating expenses toward funding specific needs of non-profit
organizations. Due to that direction, we recommend not increasing funding for general
operating expenses. In addition,the Alutiiq Museum's request included funding of just over
$3,000 to be paid to KMXT for airing the Alutiiq Word of the Week.
With these changes,the funding requests total$398,992. The recommendation of the Non-
profit Funding Committee is for the Assembly to approve a total of$409,500 (.035%)in the
budget for non-profit funding to be allocated as in the attached spreadsheet. This leaves
$10,508 available for additional contributions during the remainder of FY2015. The committee
recommends that$5,000 from the KATS funding be paid from the Tourism fund due to their
goal of increasing bus public service. We also recommend that the Island Trails Network
funding be paid from the Tourism fund for their signage project.
In addition, the committee would recommend a second application period be opened for non-
profits who are asking for only in-kind donations as those have no implications to the budget.
Thank you for your consideration.
C.C.Bud Cassidy.Borough Manager
Nova Javier, Borough Clerk
Karleton Short, Finance Director
Page 166 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak I...
AGENDA ITEM #13.B.1.
NON PROFIT INFORMATIONAL SPREADSHEET
FY2015 COMMITTEE
NON PROFIT FY2015 REQUEST RECOMMENDATION
Brother Francis Shelter 7Q000 7Q000
Hope Community Resources 5,500 5,500
Hospice and Palliative Care of Kodiak 2Q000 20,000
Island Trails Network 9,586 9,586
Kodiak Arts Council 16,500 16,500
Kodiak Community Health Center 20,000 20,000
Kodiak Island Food Bank 45,120 45,120
Kodiak Soil&Water Conservation District 7,300 7,300
Kodiak Women's Resource and Crisis Center 60,000 60,000
Marian Center Inc 5,000 5,000
Providence Kodiak Island Counseling Center 25,000 25,000
Senior Citizens of Kodiak 45,000 45,000
Kodiak Historical Society 9,945 9,945
Kodiak Area Transit System 25,000 25,000
Missing required information
Humane Society of Kodiak 6,000 0
Kodiak Head Start 9,000 0
Salvation Army of Kodiak 10,000 0
Threshold Services,Inc. 10,300 0
Kodiak Maritime Museum 10,391 0
American Red Cross 7,101 0
Late applications
Kodiak Girl Scouts 1,000 0
Kodiak Area Special Olympics 7,500 0
Decreased requests
Autiiq Heritage Foundation 24,348 19,041
Kodiak Area Native Association 12,000 6,000
Kodiak Public Broadcasting Corporation 15,000 10,000
Total $ 476,591 $ 398,992
C.C. Bud Cassidy,Borough Manager
Nova Javier,Borough Clerk
Karlelon Short. Finance Director
Page 167 of 214
Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak I...
AGENDA ITEM #13.B.2.
KODIAK ISLAND BOROUGH
s•7'3 AGENDA STATEMENT
v " JUNE 19, 2014
? ,,? ASSEMBLY REGULAR MEETING
lkow
TITLE: `Resolution No. FY2015-03 Participation in the AMLJIA Loss Control Incentive
Program.
ORIGINATOR: Bud Cassidy
FISCAL IMPACT: Yes Discount of FUNDS AVAILABLE:
$20,000
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
This resolution will authorize continued Borough participation in the Alaska Municipal League
Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough has
participated in the Loss Control program since 2006. Participation in this incentive program
requires this resolution as well as monthly safety committee meetings, bi-annual facilities self-
inspections, and employee safety training. It is required that a resolution be adopted annually
in order to be eligible for the discount of$20,000 on the Borough's contribution.
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2015-03.
Kodiak Island Borough
Page 168 of 214
*Resolution No. FY2015-03 Participation in the AMLJIA Loss C...
AGENDA ITEM #13.B.2.
1 introduced by: Borough Manager
2 Requested by: AMUJIA
3 Drafted by; AMUJIA
Introduced on: 067190014
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY2015-03
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 ADOPTING TO PARTICIPATE IN THE ALASKA MUNICIPAL LEAGUE
11 JOINT INSURANCE ASSOCIATION (AMLJIA) LOSS CONTROL
12 INCENTIVE PROGRAM
13
14 WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint
15 Insurance Association(hereinafter"AMLJIA"); and
16
17 WHEREAS, the AMLJIA provides comprehensive risk management assistance and
18 provides workers' compensation, liability, and property coverage for the Kodiak Island
19 Borough;and
20
21 WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce
22 member losses individually and pool wide; and
23
24 WHEREAS, the AMLJIA will provide all written program materials necessary, and offer
25 assistance to participants; and
26
27 WHEREAS, pool members that participate in the Loss Control Incentive Program and
28 complete the required activities, will have the opportunity to earn a discount on their
29 contribution; and
30
31 WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its
32 students,employees,citizens,and the visiting public;and
33
34 WHEREAS, the Loss Control Incentive Program will enhance such an environment.
35
36 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH elects to participate in the AMLJIA Loss Control Incentive Program for the 2014-
38 2015 policy year.
39
40 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
41 THIS OF JUNE , 2014
42
43 KODIAK ISLAND BOROUGH
44
45
46
47 ATTEST: Jerrol Friend,Borough Mayor
48
49
50
51 Nova M.Javier, MMC,Borough Clerk
Kodiak Island Borough,Alaska Resolution No. FY2015-03
Page 1 of 1
Page 169 of 214
*Resolution No. FY2015-03 Participation in the AMLJIA Loss C...
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
'.'' �`• AGENDA STATEMENT
3 JUNE 19,2014
'""�• ` ASSEMBLY REGULAR MEETING
n
TITLE Ordinance No. FY2014-19 Requesting the Inclusion of the Newly Constructed
Residence Located at Lot 8, Block 1, Lakeside Subdivision First Addition and
the Residence Located at Lot 7, Block 2, Akhiok Townsite in the Existing
Payment in Lieu of Tax (PILT)Agreement with Kodiak Island Housing
Authority.
ORIGINATOR: Bill Roberts
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
Kodiak Island Housing Authority (KIHA) seeks to acquire Assembly approval for an extension
of the existing payment in lieu of tax agreement to include the newly constructed single family
residence located at Lot 8, Block 1, Lakeside Subdivision First Addition and the residence
located at Lot 7, Block 2,Akhiok Townsite.
Pursuant to KIBC 3.35.030 (F) and AS 29.45.050 (I)the possessory interest to in individual
residing in property that has been developed, improved, or acquired with federal funds for the
provision of low-income housing may by ordinance be exempted from taxation.
This extension will allow for the consistent implementation of the KIHA overall policy of
providing decent, safe, sanitary, and affordable housing to participant households under the
requirements of the Native American Housing and Self Determination Act of 1996,
(NAHASDA).
Approval of KIHA's request will not affect the existing agreement except to include the newly
constructed single family residence and the recently acquired residence.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2014-19 in first reading to advance to public hearing at the
next regular meeting of the Assembly.
Kodiak Island Borough
Page 170 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the NewL..
AGENDA ITEM #13.C.1.
Introduced by: Borough Assembly
Requested by: Borough Manager
2 Drafted by: Borough Assessor
Introduced: 06/19/2014
Public Hearing:
4 Adopted:
5
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2014-19
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
I(1 BOROUGH REQUESTING THE INCLUSION OF THE NEWLY
II CONSTRUCTED RESIDENCE LOCATED AT LOT 8, BLOCK 1,
12 LAKESIDE SUBDIVISION FIRST ADDITION AND THE RESIDENCE
13 LOCATED AT LOT 7, BLOCK 2, AKHIOK TOWNSITE IN THE
14 EXISTING PAYMENT IN LIEU OF TAX (PILT) AGREEMENT WITH
I S KODIAK ISLAND HOUSING AUTHORITY
16
17 WHEREAS, the Kodiak Island Housing Authority (KIHA) seeks to acquire Assembly
18 approval for an extension of the existing payment in lieu of tax agreement to include the newly
19 constructed single family residence located at Lot 8, Block 1, Lakeside Subdivision First
20 Addition and the residence located at Lot 7, Block 2,Akhiok Townsite; and
21
22 WHEREAS, pursuant to KIBC 3.35.030 (F) and AS 29.45.050 (I)the possessory interest to
23 an individual residing in property that has been developed, improved, or acquired with federal
24 funds for the provision of low-income housing, and is owned or managed as low-income
25 housing may by ordinance be exempted from taxation;and
26
27 WHEREAS, this extension will allow for the consistent implementation of the KIHA overall
28 policy of providing decent, safe, sanitary, and affordable housing to participant households
29 under the requirements of the Native American Housing and Self Determination Act of 1996,
30 (NAHASDA);and
31
32 WHEREAS, approval of KIHA's request will not affect the existing agreement except to
33 include the newly constructed single family residence and the recently acquired residence.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
36 BOROUGH THAT:
37
38 Section 1: This ordinance is not of a general and permanent nature and shall not become a
39 part of the Kodiak Island Borough Code of Ordinances;
40
41 Section 2: The single family residence located at Lot 8, Block 1, Lakeside Subdivision First
42 Addition and the residence located at Lot 7, Block 1 Akhiok Townsite are hereby
43 included in the existing payment in lieu of tax agreement with Kodiak Island
44 Housing Authority.
45
46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
47 THIS DAY OF 2014
Kodiak Island Borough,Alaska Ordinance No. FY2014-19
Page 1 of 2
Page 171 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newl...
AGENDA ITEM #13.C.1.
48 KODIAK ISLAND BOROUGH
49
50
51
52 Jerrol Friend,Borough Mayor
53
54 ATTEST:
55
56
57
58 Nova M.Javier, MMC, Borough Clerk
Kodiak Island Borough,Alaska Ordinance No FY2014-19
Page 2 of 2
Page 172 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newt..
AGENDA ITEM #13.C.1.
I+� 4.s : ;. Kodiak Island Housing Authority
Ix±. 41 3137 Mill Bay Rood,Kodiak AK,99615
y. is Phone: 907-486-8111 Toll free: 800-478-5442 Fax:907-486-4432
www.kodiakislandhousing.com Mortgage 4icense#287823
April 7,2014
Bill Roberts,Assessor
Kodiak Island Borough
710 Mill Bay Road
Kodiak,AK 99615
Dear Mr.Roberts,
Kodiak Island Housing Authority is requesting an extension of tax exempt status for the
following properties:
2388 Beaver Lake Loop(LT 8 BK 1,Lakeside Subdivision First Addition,Kodiak,AK).
Fourth Avenue(L'1'7 13K 2,Akhiok Townsite,USS 4926,Akhiok,AK).
Kodiak Island Housing Authority has developed a"Home Start"Homeownership
Program designed to increase affordable housing for Native American households who
are in the low to very low-income categories. This program will be implemented in a
manner consistent with its overall policy of providing decent,safe,sanitary and
affordable housing to participant households under the requirements of NAHASDA.
This request for a cooperation agreement falls under Section 101 of the Native American
Housing and Self Determination Act of 1996,25 U.S.C.&41l I (NAHASDA),Indian
Housing Block Grant(IH80)funds provided on behalf of an Indian tribe may not be
used for rental or lease-purchase homeownership units that are owned by the 11180
recipient for the tribe and developed under NAHASDA or the United States Housing Act
of 1937(42 U.S.C.& 1437 et seq.)unless the governing body of the locality,within
which the rental or lease-purchase homeownership units are or will be situated,has
entered into an agreement with the recipient.
I thank you for your consideration of this request. Please call me at 486-8111 if you need
any further information.
Respectfully,
Rick Lindholm
Project Director
Page 173 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newl...
AGENDA ITEM #13.C.1.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
MAY 7,2009 REGULAR MEETING
ITEM NO:13,6.1
TITLE:
Resolution No.FY2009-30 Approving the Proposed Additions for Inclusion in the Existing
Payment in Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain
Properties.
SUMMARY:
This resolution approves the proposed additions for inclusion in the existing PILT agreement
with the Kodiak Island Housing Authority for certain properties. The proposed additions will
allow for current owners to safely house their expanded families in a healthy environment, and
will therefore Increase the value of the properties for the tax roll.
The following properties are included in the agreement with KIHA:
Subdivision 1,21 Block
Karluk 5 1
Old Harbor Townsite 5 9
Akhiok Townsite 6-E 2
Katmai Hills 4
Port Wakefield 2 3
APPROVAL FOR AGENDA: r,F
RECOMMENDED MOTION: Move to adopt Resolution No.FY2009-30.
I I
Page 174 of 214
•
Ordinance No. FY2014-19 Requesting the Inclusion of the Newl...
AGENDA ITEM #13.C.1.
Introduced by: Manager Carbon
Requested by: Manager Carhan
Dratted by: Manager Carlson
Introduced: 0110812004
Adopted:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 2004-03
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
REQUESTING THE PROPOSED ADDITIONS FOR INCLUSION
IN THE EXISTING PAYMENT IN LIEU OF TAX (PILT) AGREEMENT
WITH THE KODIAK ISLAND HOUSING AUTHORITY (KIHA)
WHEREAS, the Kodiak Island Housing Authority seeks to acquire Assembly approval
of payment in lieu of tax status for additions to certain residential buildings pursuant
to KIBC 3.20.080 (El; and
WHEREAS, these additions will allow for the current owners to safely house their
expanded families in a healthy environment;and
WHEREAS, approval of KIHA's request will not affect the existing agreement except
to modify the structures and ultimately increase the value when the properties come
onto the tax roll; and
NOW,THEREFORE,BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
approves the proposed additions for inclusion in the existing PILT agreement with KIHA
for the following properties:
Subdivision Block Lot
Karluk 3 2
Old Harbor Townsite 3-A 9
Port Lions r ition 2 7
Port Lions d Adotr n 2 4
Ouzinkie T wnsite , 3 5-8
Akhiok Townsite- • 13-A 2-A
Larsen Bay Townsite 17 4
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF JANUARY 2004
KODIAK ISLAND BOROUGH
Gabrielle LeDoux, Borough Mayor
ATTEST:
Judith A. Nielsen,CMC, Borough Clerk
Kodiak Island Borough,Alaska Resolution No.2004-03
Page 1 of I
Page 175 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newt..
AGENDA ITEM #13.C.1.
Kodiak Island Housing Authority
--.,- 3137 MILL BAY ROAD,KODIAK,ALASKA 99615-7032
t. i
PHONE(907)486-8111 FAX(907)486-4432
—RECEIVED`
December 16,2003
DEC 1 8 2001
Pat Carlson,Manager
Kodiak island Borough KIB MANAGER
710 Mill Bay Road
Kodiak,Alaska 99615
Dear Mr.Carlson:
Kodiak Island Housing Authority in an attempt to meet the needs of village
families living in over-crowded conditions has determined that the most practical way to
meet this need is to construct additional living space onto the houses of homcbuyers
whose family size has outgrown their homes.The funding for this project will come from
KDIA's Indian Housing Block Grant,which is federal HUD money.HUD requires an
exemption front local taxation for these projects.KIHA is requesting an extension of tax-
exempt status to include additions to the properties listed below,in accordance with KIB
3.20.080(E)t.
Lot 2,Block 3 Karluk Subdivision
Lot 9,Block3a Old Harbor Townsite
Lot 7,Block 2 Port Lions 3t1 Addition
Lot 4,Block 2 Port Lions 3`a Addition
Lot Sb,Block 3 Ouzinkie Townsite
Lot 2a,Block 13a Akhiok Townsite
Lot 4,Block 17 Larsen Bay Townsite
KIRA has identified these seven properties whose resident families require more
living space.These families have literally outgrown their housing unit.For example,a
young couple with one child originally qualified for a two-bedroom unit and,a dozen
years later they have grown to a family of seven trying to live in a small two-bedroom
unit.Conditions like this are not conducive to healthy family living.
E.The private interests,other than fee simple record ownership,in real property of an individual residing
in the property if the property has been developed.improved.or acquired with federal funds for low-
income housing and is owned or managed as low-income housing by the Alaska State Building Authority
or a regions!housing authority formed under AS 18.55.996.This section does not prohibit the borough
from continuing to receive payments in lieu of taxes authorized under federal law.This section applies only
to those low-income housing units in existence prior to-January 1,1989,hence,any new projects,real
property acquisitions and additions to the existing properties after January 1,1989,shall require an
ordinance of the assembly prior to the panting of an exemption under this section;
Page 176 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newl...
AGENDA ITEM #13.0.1.
Pertinent facts about this program:
• Only low-income families(below 80%of Median)may participate.
• Neither the tern(nor the principle of the Mutual Help Occupancy W
Agreement will be altered by this project.The properties will be conveyed �"
in accordance with the MHOA by fee simple deed and be added to the tax
role.
• All construction will be subject to:
1. HUD Environmental Review requirements
2. Alaska Building Energy Efficiency Standard(BEES)
3. Kodiak Island Borough Zoning requirements
4. 1997 Uniform Building Code as verified by in-house ICC Building
Inspector
This project invests federal funds to provide needy families with healthy housing
while adding future value to the tax base.KIHA would like to begin construction this
building season. I thank you for your consideration of this request.Please call Woody
Koning or myself at 486-8111 if you need any further information,
Sincerely,
Aglikadag
Marty Shuravloff
Executive Director
Page 177 of 214
Ordinance No. FY2014-19 Requesting the Inclusion of the Newl...
AGENDA ITEM #13.C.2.
KODIAK ISLAND BOROUGH
- ° �`• AGENDA STATEMENT
ooh+' JUNE 19,2014
ASSEMBLY REGULAR MEETING
TITLE: Ordinance No. FY2014-20 Amending Title 2 Administration and Personnel
Chapter 2.30 Rules of the Assembly Section 2.30.080 Decorum in Debate
Section 2.30.090 Citizens' Rights.
ORIGINATOR: Carol Austerman
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
This ordinance was requested and cosponsored by Assembly members Austerman and
Lynch. This has been reviewed by the Borough Attorney and the legal opinion is on file and
available to the Mayor and Assembly in the Clerk's Office.
The intent of this ordinance is to establish proper decorum during Assembly meetings. KIB
code and Alaska statutes provide reasonable opportunity for the public to be heard.
"Reasonable opportunity" means that reasonable restrictions are allowed such as time limits
and decorum rules. Every person shall be allowed to state their positions in an atmosphere
free of slander, libel, and threats of violence. Every person should be referred to in a
respectful manner confining remarks to the merits of the pending questions avoiding
personalities. This is
This ordinance will provide tools for the Assembly to conduct efficient and orderly meetings.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2014-20 in first reading to advance to public hearing at the
next regular meeting of the Assembly.
Kodiak Island Borough
Page 178 of 214
Ordinance No. FY2014-20 Amending Title 2 Administration and ...
AGENDA ITEM #13.0.2.
Introduced by: Assembly Member man
` Requested by: Assembly y Members
3 Austeman 8 Lynch
4 Drafted by. Clerk/Assembly member
5 Austermanleorcugh Attorney
Introduced: 06/19/2014
6 Public Hearing:
7 Adopted:
8
9 KODIAK ISLAND BOROUGH
0 ORDINANCE NO. FY2014-20
2 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
3 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30
4 RULES OF THE ASSEMBLY SECTION 2.30.080 DECORUM IN DEBATE
5 SECTION 2.30.090 CITIZENS'RIGHTS
6
7 WHEREAS, KIBC 2.30.020(D) Rules of Order`Robert's Rules of Order Current Edition"shall
8 govern the proceedings of the assembly in all cases, unless they are in conflict with these rules;
9 and
20
21 WHEREAS, KIBC 2.30.080 states proper Assembly decorum during debate and Robert's
22 Rules of Order (RRO), Article 7. Section 43, Decorum in Debate suggests that practices and
23 customs should be observed by speakers and members in an assembly to assist the carrying
24 on of debate in a smooth and orderly manner; and
25
26 WHEREAS, KIBC 2.30.090 states the manner in which the citizens could address the
27 assembly and Alaska Statutes 44.62.310 states that the governing body shall provide
28 reasonable opportunity for the public to be heard. "Reasonable opportunity" means that
29 reasonable restrictions are allowed such as time limits and decorum rules; and
30
31 WHEREAS, the right to free speech must be protected while maintaining proper decorum
32 avoiding libel and slander. Every person shall be allowed to state their positions in an
33 atmosphere free of slander,libel,and threats of violence. Every person should be referred to in
34 a respectful manner confining remarks to the merits of the pending questions avoiding
35 personalities.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
38 BOROUGH THAT:
39
40 Section 1: This ordinance is of a general and permanent nature and shall become a part of
41 the Kodiak Island Borough Code of Ordinances;and
42
43 Section 2: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly,
44 Section 2.30.080 Decorum in Debate shall be amended as follows:
45
46 A. Decorum in Debate.Wrier; .• -- t -r- : :- - t- -•
47 tter to tho nnccmbl -- _:: _ --•' -•e. a-'-° -_:: ' :, -:• '•_
48 •••• - • .- :.:- r. tc :•: - - • :-.shab-impugn-the motive of any
50
Kodiak Island Borough.Alaska Ordinance No.FY2014-20
Page 1 of 3
Page 179 of 214
Ordinance No. FY2014-20 Amending Title 2 Administration and ...
AGENDA ITEM #13.C.2.
51
52 Assembly meetings shall be conducted in a courteous and respectful manner.In debate,
53 a person's remarks must have bearing on whether the pending motion should be
54 adopted and should be germane to the question before the assembly. Citizens and
55 Assembly members will be allowed to state their positions in an atmosphere free of
56 slander and threats of violence. Every person shall avoid the use of profanities,
57 personally offensive,insulting,threatening,or abusive remarks at all times.Every person
58 while speaking shall avoid personalities, and under no circumstances can a person
59 attack or question the motives of another person. The chair must act immediately and
60 decisively to correct any person violating decorum in debate and prevent its repetition.
61 fir- - - - - • - .a C> m •ako a motion,even one with
62 hig4-pc e e the-motien-teadjeurw ..
63
64 B. Order of Speaking.
65
66 I.The manager, a delegate to the assembly, or any assembly member,when desiring to speak
67 at an assembly meeting,shall respectfully address the chair and shall refrain from speaking until
68 recognized.
69
70 2. When two or more persons request recognition at the same time, the chair shall determine
71 which one shall speak first.
72
73 3. An assembly member who is speaking may not be interrupted to make a motion,even
74 one with high priority like the motion to adjourn.
75
76 C. Point of Order, If any assembly member, in speaking or otherwise, transgresses proper
77 decorum or the rules of the assembly, the chair shall call him to order, or any other assembly
78 member may rise to a point of order. The assembly member called to order shall immediately
79 cease speaking and cease the action to which he was called to order. The chair or assembly
80 member rising to point of order shall state the offense committed and the assembly member
81 called to order shall then be heard in explanation or justification.The chair shall then rule on the
82 point of order.Any assembly member may challenge a ruling of the chair and, if duly seconded,
83 the chair's ruling shall not stand unless affirmed by a majority vote of the assembly.
84
85 D. Private Conversations. When an assembly member is speaking, the assembly shall be in
86 order and no private conversations shall be carried on.
87
88 E. Recognition to Speak. No assembly member shall be recognized to speak on the same
89 question a second time until every assembly member choosing to speak has spoken except the
90 mover of the question, who may open and close the debate. The chair may take part in the
91 discussion of any matter before the assembly.
92
93 The chair may recognize a citizen to address the assembly upon request of an assembly
94 member, unless objected to by two or more assembly members. Remarks by a citizen so
95 recognized may relate only to a question before the body and shall observe proper decorum.
96
97 Section 3: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section
98 . 2.30.080 Decorum in Debate shall be amended as follows:
99
100 2.30.090 Citizens'rights.
101
Kodiak Island Borough,Alaska Ordinance No.FY2014-20
Page 2 of 3
Page 180 of 214
Ordinance No. FY2014-20 Amending Title 2 Administration and ...
AGENDA ITEM #13.C.2.
02 A.Addressing the Assembly.Any person desiring to address the assembly shall first secure the
03 permission of the chair. However, under the following headings of business, unless the chair
04 rules otherwise, any qualified person may address the assembly without securing such prior
05 permission:citizens'comments,public hearing.
06
07 B. Written Communications. Interested parties or their authorized representatives may address
08 the assembly by written communication in regard to matters then under discussion. Written
09 items bearing a request that they be read into the record shall be read aloud by the clerk or
0 designated assembly person.
2 C. Addressing the Assembly After Motion Made. After a motion is made by the assembly, no
3 person shall address the assembly without first securing the permission of the assembly to do
4 so.
5
6 D. Manner of Addressing the Assembly —Time Limit. Each person addressing the assembly
7 shall step up to the microphone, give his name in an audible tone of voice for the record and,
8 unless further time is granted by the assembly, shall limit his address to three minutes. All
9 remarks shall be addressed to the assembly as a body and not to any member thereof. No
20 person,other than the assembly and the person having the floor,shall be permitted to enter into
21 any discussion, either directly or through the members of the assembly,without the permission
22 of the chair. No questions shall be asked of the assembly except through the chair.
23
24 E. Public decorum.Assembly meetings shall be conducted in a courteous and respectful
25 manner. Citizens will be allowed to state their positions during public meetings in an
26 atmosphere free of slander and threats of violence. Every person shall avoid the use of
27 profanities, personally offensive, insulting, threatening, or abusive remarks at all times.
28 Every person while speaking shall avoid personalities, and under no circumstances can
29 a person attack or question the motives of another person, The chair must act
30 immediately and decisively to correct any person violating decorum in debate and
31 prevent its repetition or a member of the assembly may rise to a point of order. The
32 public member called to order shall immediately cease speaking and cease the action to
33 which he was called to order.The chair or assembly member rising to point of order shall
34 state the offense committed. The chair shall then rule on the point of order. Any
35 assembly member may challenge a ruling of the chair and, if duly seconded,the chair's
36 ruling shall not stand unless affirmed by a majority vote of the assembly.
37
38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
39 THIS DAY OF 2014
40
41
42 KODIAK ISLAND BOROUGH
43
44
45
46 Jerrol Friend, Borough Mayor
47
48 ATTEST:
49
50
51
52 Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2014-20
Page 3 of 3
Page 181 of 214
Ordinance No. FY2014-20 Amending Title 2 Administration and -..
AGENDA ITEM #13.D.1.
KODIAK ISLAND BOROUGH
'err.
r ��� AGENDA STATEMENT
ofy`; JUNE 19, 2014
ASSEMBLY REGULAR MEETING
TITLE: *Assembly Approval of the Vacation of Private Access and Utility Easements
on Lot 13F-1 and the Vacation of a 10' Private Sewer Easement on Lot 13B-1,
United States Survey 3100.
ORIGINATOR: Martin Lydick
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
The Planning and Zoning Commission, at the Regular Meeting of May 21, 2014, granted
approval of a preliminary plat consolidating Lots 13F-1 and 13B-1, United States Survey
3100, creating Lot 13B-2 United States Survey 3100. The existing private access and utility
easements are no longer required for access or utility service to the consolidated lot. No utility
provider expressed an interest in retaining any portion of the utility easement. Because a
vacation of a utility easement is involved, KIBC 16.60.060 A requires assembly review and
approval. If approved, the applicant will submit a final plat that meets KIBC code
requirements.
•
RECOMMENDED MOTION:
Move to approve the vacation of private access and utility easements on Lots 13F-1 and 13B-
1, United States Survey 3100.
Kodiak Island Borough
Page 182 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM 7C
P&Z REGULAR MEETING MAY 21,2014
-`I -
lo
\
o
2 �117:
\\ F\ s � a i2a 4.
C 4
2 , eye .
'. , ssa 3$
$
2
a
4 Li
z 444.y I`t Q$ :
l.Ei 1s irp. It
&Vw
lii
0---4--;-::;;;--;1. s it l i ,> 1 -„;
x
14 z° , 4 c E I r
sc s s•c I y ate.. 1 I$ ; S p - , _
8e a' a;e_ 4d e>, iI 1 I @ 8 xaA t—i--'
.Y - .. —
iY
-.-F' ' m i
S;Y ; ' I A y 1 :d 3 i , .
i li r ` ` I 1 i I I1 .
514-013 Plat Mark-up
Page 183 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
KODIAK ISLAND BOROUGH
PLANNING &ZONING COMMISSION
MINUTES
May 21,2014 6:30 p.m,in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the May 21, 2014 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Commissioners present were Alan Torres„Ala Schmitt, Pat`Olsen, Scott Arndt, and
Excused RiererMari <ra
Excused were Maria Painter and Kathy Drabek.
A quorum was established.
Community Development Department staff present were Director Pederson, Jack
Maker, Martin Lydick, and Jenny Clay \\
COMMISSIONER Arndt MOVED to excuse Meria.Painter, and Kathy Drabek.
VOICE VOTE ON\CARRIED�U\�N SL`Y V
APPROVAL OF AGENDA N\
COMMISSIONER ArndNMOVED to approve the May 21, 2014 Planning & Zoning
\
Commissionagenda -�/ \\
VOICE'VOTE ON'OTION'CAARRRIED UNANIMOUSLY
PUBLIC HEARINGS\\
C) CASE;\ 514-013`REQUE...ST: Preliminary approval of the replat of Lots
13B-land 13F-1, U.S.Survey 3100 and the vacation of access and utility
easements on Lot 130 and a 10'sewer easement on Lot 13B-1; creating
Lot 13B-2''U.S.Survey 3100(KIBC 16.40 and 16.60).
Lydick stated this request s for the vacation of private access and utility easements no
longer required becaussof lot consolidation.
Lydick noted that the vacation request only pertained to the private access and utility
easements and that the Service District 1 sewer easement trending horizontally across
Lot 138-1 was not affected by the vacation request.
COMMISSIONER SCHMIDT asked for clarification of the easements subject to the
request.
COMMISSIONER ARNDT MOVED to approve the replat of Lots 138-1 and 13F-1, U.S.
Survey 3100 and the vacation of access and utility easements on Lot 13F-1 and a 10'
5/21/2014 Planning and Zoning Commission Minutes Page 1 of 2
Page 184 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
sewer easement on Lot 13B-1; creating Lot 13B-2, U.S. Survey 3100 (KIBC 16.40 and
16.60).
Close regular meeting&open the public hearing:
No public speakers
Close public hearing&open regular meeting:
Brief discussion
CHARIMAN TORRES called for the question.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY
•
cbs„
5/21/2014 Planning and Zoning Commission Minutes Page 2 of 2
Page 185 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13,D.1.
* * Kodiak Island Borough
* * ;F ,, �` Community Development Deportment
�!,
f,-y ) 710 Mill Bay Road
't"-I2I 4.4%1 -;t1 Kodiak,Alaska 99615
'• c°`��I`2 Phone(907)486-9363 Fax(907)486-9396
tsl www.kodiakak.us
May 22,2014
Mr.lames Poulos
3064 Spruce Cape Road
Kodiak,AK.99615
Re: Case S14-013. Request preliminary approval of the replat of Lots 136-1 and 13F-1,
United States Survey 3100 and the vacation of access and utility easements on Lot
13F-1 and a 10' sewer easement on Lot 13B-1, creating Lot 13B-2, United States
Survey 3100(KIBC 16.40 and 16.60).
Dear Mr.Poulos:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 21, 201.4
moved to forward the request cited above,recommending approval,to the Borough Assembly.
The Assembly has 30 days to which to review your request and approve or veto the decision.
For more information you may call the Clerk's Office at 486-9310.
Should this request be approved, please instruct your surveyor to complete the final plat and
submit it to this office for final review. We suggest the use of a final "check plat" for this
purpose.Once the check plat has been reviewed and approved It is your responsibility to obtain
all the signatures required on the plat prior to submitting to the Kodiak Island Borough for
recording. A current certificate to plat from a licensed title company should accompany the
final plat.
The approval of this preliminary plat shall be effective for twenty-four (24) months from the
date of approval,notwithstanding the provisions of any subsequent change in the subdivision
ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall
become null and void unless an extension of time is granted,at the request of the subdivider,
by the commission prior to the expiration of the preliminary plat.A time extension will Doty be
granted if a re-evaluation of the preliminary plat indicates that conditions are substantially the
same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak
Page 1 of 2
Page 186 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
Island Borough Planning and Zoning Commission does not necessarily mean that development
of the property complies with State and federal regulations,which may also be applicable.
APPEAL RIGHTS
KIBC 15.90.020
A written decision of the commission granting or denying approval of a plat or a waiver from
the requirements may be appealed by:
The applicant;or
Any person who was sent a written notice or submitted timely written comments or gave oral
testimony at the public hearing before the commission.
KIBC 16.90.030
A decision of the commission is final unless an appeal of the decision is made within 10 working
days after the decision by the commission to the assembly.
An appeal is commenced by filing with the clerk a written notice of appeal,specifically stating
the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon
commencement of an appeal,the decision appealed from is stayed until the decision on appeal
becomes final.
If you have any questions about the action of the Commission,please feel free to contact the
Community Development Department at 486-9363.
Sincerely,
•
Martin Lydick
Associate Planner,Community Development Dept.
Page 2 of 2
Page 187 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
Current Location Request:Preliminary approval of the replat of Lots 13B-1
Case No.514-013 and 13F-1,U.S.S.3100 and the vacation of access and
utility easements on Lot 13F-1 and a 10"sewer easement
Applicant:James Poulos on Lot 13B-1;creating Lot 13B-2,U.S.Survey 3100
Agent:Horizon Land Surveying (KIBC 16.40 and 16.60).
Melnisa Lane W i.k." IP 0 iiPiggil� : •.� "4j'
0
414eV 0)NOV
r q1�i Teal Way `/41k• Jr
17 .m: is �#:yJdody Way Loon S,4 �4, ga 44 7 ® ��
�,a� P/ 'It a O4* �V VA
11110
®", ��♦rim �l • �N.•�KC.
Lane 4 `T r*� raac - wa;,,'"
, ,a
as .', � ya` RO ir
/p+w� �
cm 04� ' lay i
•cn'�
Benny j
Benson ��
Ddva i t:Oe
.rs, East Rezano WO ity.1,
®A9�
�, � Spruce Cape Road
iiiiiimg 0 lcw-off V 0 Road . Thdrston
• Lane
C "�Q. mi °e' Legend
r, Unknown ,„ ,,
I�-` Subject Parcels
,�:�
'- 150 /0
a,-. n`H
...Spruce Fta"er
Public Hearing Notice Vicinity Map "
W albs:E
mr' 0 460 920 1,840 2,760 1.680
IFeel S
Kodiak Island Borough ols Community Development Department Access Roads
This map os provided for nr nal purposes
http.flwww.kodiakak us/gis(907)486-9337 only and is noumended for any a legal represeotanons Unconstructed Right of Ways
Case No.514-013 Introduction Page 1 of 3
Page 188 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
n
i,...A Kodiak Island Borough Zoning Map -NVr
Current Zoning __ -. '1 tequest:Preliminary approval of the .of Lo
Case No S14-013 .end 13F-1,U.S.S.3100 and the vacation of access and
Applicant:James Poll cis "Utility easements on Lot 13F-1 and a 10'sewer easem_
Agent Horizon Land Surveys , a- On Lot 13B-1;creating Lot 1313-2,U.S.Survey 3100
tKIBC 16.40 and 16.60).
..,-./ 2; 1: :''' 4S
3469 ,�' 00''.�i<'cH �4 tuna lane -%(iss33,0T
a '
sue=+?t h
'
. ;<S,•:.
s Z-
.,
- 7
_
`
70_
,C' e
� `\ _ +o P ,' 1
,q‘-C.
9Q_,a c at 0
1 i.. c
o /
} .',-%J. oi :,---.:: m- - `i p/ ..'y..°
\� `
e
� , `
, a Y-' . �:
\WWoaoy dy a me° is
Loop 41351
1
Gm
ll.
74a
d��y49'i
As", Legend
8° n Subject Parcels Two-family residential
Zoning Legend
Public Use Lands 1___ Residential 1 =Multi Family Residential=Light Industrial
hill®Watershed ®Rural Residential 2 ®Business ®Rural Neighborhood Commercial
1 Conservation I-Single Family Residential MIN Retail Business -Urban Neighborhood Commercial
I Rural Residential Two Family Residential ®Industrial L _1 Natural Use
Kodiak Island Borough GIS Community Development Department a===Access Roads
Mr Nwww.kotliakak.us!is 1907)4869337 This map is provided ID,lnformabonat purposes
P 9 wry and is rot intended for any roger represemarons. Unconsoucted Right or Ways
Case No.S14-013 Introduction Page 2 of 3
Page 189 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM.7 C
P&Z REGULAR MEETING MAY 21,2014
Image Overlay Request:Preliminary approval of the replat of Lots 13B-1
Case No.S14-013 and 13F-1,U.S.S.3100 and the vacation of access and
Applicant:James Poulos utility easements on Lot 13F-1 and a 10'sewer easement
Agent:Horizon Land Surveying on Lot 13B-1;creating Lot 13B-2,V.S.Survey 3100
(KIBC 16.40 and 16.60).
,S3 668
• .A , 49(9\\
r>.) .-�a i ,% o- ��
�O r
. . i \i/ '
/ -, t
el, of_
`~ JO
tir
0 , '` ,
. .. :N
�
I" l,...
/ F / { ..
a
0 :1111‘...._ ...
idir ar"
, ,
Public Hearing Notice Vicinity Map N
" L~
=9 110 220 330 400
.,Rn iw S
unconst tell kigni of way,
Kodiak Island Borough GIS Community Development Department :°_=Access Roads
Ins map 1,provided for nlormannrial purposes
hop:llwww kodiakak.uslgis (907)986-933) only and Fs nel Inanded for any legal r.prowntations. Unconslrucled Right of Ways
Case No.S14-013 Introduction Page 3 of 3
Page 190 of 214
`Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PNo a0A0 PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
-r i'A1
Y ALASKA
STAFF REPORT AND RECOMMENDATION
ITEM TITLE:Case S14-013. Preliminary approval of the replat of Lots 13B-1 and 13F-1,
U.S.Survey 3100 and the vacation of access and utility easements on Lot 13F-1 and a 10'sewer
easement on Lot 133-1;creating Lot 13B-2,U.S.Survey 3100.(KIBC 16.40 and 16.60).
DATE: May 21,2014
TO: Planning and Zoning Commission
FROM: Community Development Department
SUB]: Information for the May 21, 2014 Regular Meeting
CASE: S14-013
APPLICANT: James Poulos
AGENT: Horizon Land Surveying
LOCATION: 3022 and 3064 Spruce Cape Rd.
ZONING: R2-Two-family Residential
• NOTICE: Thirty four(34) public hearing notices were mailed on April 7,2014.
Date of site visit: Various
1. Minimum lot size: 7,200 square feet
Compliance: Yes
2. Minimum lot width: 60'
Compliance: Yes
3. Existing land uses: Single-family Residence&Vacant
Compliance: Yes
4. Existing structure(s)on the property: Yes
Compliance with setbacks: Unknown(grandfathered)
Compliance with other zoning regulations: Yes
Encroachments: No
5. Topography:
Provides good building sites: Yes
Provides good parking areas: Yes
Allows driveway construction to meet
Case No.:S14-013 Staff Report&Recommendation Page 1 of 4
Page 191 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.0.1.
p*+°eano PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
a vii
r
oY
ALASKA
maximum slope requirement: Yes
6. Physical Features:
Wetlands,streams,drainage courses: No
Need for driveway/access restrictions: No
Adequate line of sight: Yes
Adequate access for additional traffic volume: Yes
Adequate access from a safety standpoint: Yes
Neighborhood character: Medium density residential
Double frontage lots: No
Flag lots: No
Adequate access for fire apparatus: Yes
Utility installation meets Title 13: Yes
Common wall or zero-lot line: No
Frontage on dedicated public right-of-way: Yes
Other road and utility improvements
required before final approval: No
7. Existing Plat Restrictions: No
Compliance: N/A
8. Applicable Regulations: The following sections of Title 16 of the Borough Code are
applicable to this request:
16.10040 Alteratton or replat petition.(General Provisions)
A recorded plat may not be altered or replotted except by the platting authority on petition of
the state, the borough, a public utility,or the owners of a majority of the land affected by the
alteration or replat. The petition shall be filed with the platting authority and shall be
accompanied by a copy of the existing plat showing the proposed alteration or replat.
16.60.010 Generally.(Vacations)
The commission shall consider the merits of each vacation request and in all cases the
commission shall deem the area being vacated to be of value to the borough or a city unless
proven otherwise. The burden of proof shall lie entirely with the petitioner.
16.60.060 Additional approval required.
Case No.:514-013 Staff Report&Recommendation Page 2 of 4
Page 192 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
Ppo eock PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21, 2014
Y ALASKA
A.A decision to grant a vacation is not effective unless approved by the city council if the
vacated area is within a city or by the assembly if the vacated area is within the borough
outside a city. The council or assembly shall have 30 days from receipt of the decision to veto
the vacation. If the vacation is not vetoed within the 30-day period,the consent of the council
or assembly shall be considered to have been given to the vacation.
B.A veto or approval of a vacation under subsection A of this section is a final legislative
decision and is not subject to administrative appeal. However, where a vetoed vacation had
received administrative approval in conjunction with the preliminary plat for a subdivision, the
preliminary plat approval without the vacation is subject to a petition for reconsideration under
KIBC 16.90.010.
REVIEW AGENCY COMMENTS
Alaska Communications Systems-EngineeringDepartment-Kenai
"no objections"
Alaska Dept.of Transportation&Public Facilities-Central Region Planning
"no comment"
Kodiak Electric Association-Engineering Department
"No comment"
STAFF COMMENTS
The applicant's request to replat (vacate an interior lot line) is simple in nature and would
ordinarily be processed through the abbreviated plat procedure.
However, the applicant is also requesting the vacation of platted access and utility easements
serving Lot 13B-1. Defined in KIBC16.20.210, "Vacation" means the act of making legally void
any right-of-way,easement,public area,or other public interest.
Vacation requests require the heightened review process as outlined in KIBC16.40.060. Should
the Commission approve the utility and easement vacations, the replat would then default to
the abbreviated process, in other words,the plat would not return to the Commission for final
plat approval.
The Commission should note that only the access and utility easement, and the sewer
easement trending northwest to southeast (vertical) are the subject of this vacation request.
The major sewer easement trending northeast to southwest (horizontal) is not part of the
vacation request. (See plat mark-up attached to this report).
Case No.:S14-013 Staff Report&Recommendation Page 3 of 4
Page 193 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
P-O aano PUBLIC HEARING ITEM:7 C
h• g! 'y, P&Z REGULAR MEETING MAY 21,2014
Y
0 ALASKA
RECOMMENDATION
Staff recommends approval of this request without conditions of approval.
APPROPRIATE MOTION
Move to grant preliminary approval of the replat of Lots 138-1 and 13F-1,
U.S.Survey 3100 and the vacation of access and utility easements on Lot 13F-1
and a 10'sewer easement on Lot 13B-1;creating Lot 13B-2,U.S.Survey 3100 and
to adopt the findings in the staff report dated May 21,2014 as"Findings of Fact'
for case 514-013.
FINDINGS Of FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of
plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans for
• this area.
Case No.:514-013 Staff Report&Recommendation Page 4 of 4
Page 194 of 214
`Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&Z rEGULAR MEETING MAY 21,2014
Sheila Smith
•
From: Jackson,Byron <Byron.Jackson @acsalaska.com>
Sent: Tuesday,April 29,2014 12:43 PM
To: Sheila Smith
Subject: Case S14-011&S14-013
Good Afternoon,
ACS has no objections to cases 514-011&514-013.
Thank You,
Byron T.Jackson
Network Engineer III,Outside Plant
151 Warehouse Drive
Soldotna,Alaska 99669
Byron.Jackson@acsalaska.com
T:[907]714-8791
C:[907]394-8791
ualaska
COMMUNICATIONS
cusmmei Serv,tar[8001808.8083
alaskacommunications.com
This transmittal may contain confidential information inrendea solely for the adoresse=_ If you are net the intended rec'pient,you am hereby notified that you have
received thus transmittal In error.any review,dissemination dtstributlon or Copying or his transmittal is strictly prohioiled it you inane receives this communication
in or.please nobly us immediately by reply or by telephone at 907-297-3000 and ask to speak with the message sender In addition.please immediately delete
this message and all attachments Than you Alaika Communications
l
Case No,514-013 Public Comments Page 1 of 3
Page 195 of 214
`Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.0.1.
PUBLIC HEARING ITEM:7 C
P&Z rEGULAR MEETING MAY 21,2014
Sheila Smith
From: Lyons,Diana 110071 ediana.lyons @alaska.gov>
Sent: Tuesday,April 22,2014 11:14 AM
To: Sheila Smith
Cc: Biloon,loselyn(DOT)
Subject: Case 514-013
The Alaska Department of Transportation&Public Facilities(AKDOT&PF)Planning Section,has reviewed Case 514-013
and has no comment.
loselyn Biloon
Area Planner
Diana Lyons
Office Assistant II
State 01 Alaska DOT&PF
Central Region Planning
dianalyons@alaska.gov
gov
907-269-0511 phone
907-269-0521 fax
Case Nu.514-013 Public Comments Page 2 of 3
Page 196 of 214
*Assembly Approval of the Vacation of Private Access and Litt..
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&2 rEGUTAR MEETING MAY 21,2014
E KODIAK ELECTRIC ASSOCIATION, INC.
A P.Q.BOX 767,KODIAK,AK 99615-0187
KODIAK ELECTRIC (907)486-7700
ASSOCIATION
April 16,2014
Sheila Smith, Secretary
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak,AK 99615
Dear Ms.Smith:
Following are comments on the case sent to us for review under your cover
letter dated April 7, 2014.
Case 514-013. Request for preliminary approval of the replat of Lots 138-
1 and 13F-1, U.S. Survey 3100 and the vacation of access and utility
easements on Lot 13F-1 and a 10' sewer easement on Lot 13B-1, creating
Lot 13B-2, U.S. Survey 3100.
No comment.
Thanks for the opportunity to comment.
Sincerely,
f Jim Devlin
Manager of Operations and Engineering
JD
ethos SE543..dOC
■
Endeavor re produce 95%of energy sates with cost°Restive renewable power solutions by the year 2020.
www.kodiakelectric.com
Case No.514-013 Public Comments Page 3 of 3
Page 197 of 214
*Assembly Approval of the Vacation of Private Access and Uti..
AGENDA ITEM #13.D.1,
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
°R> ..; Kodiak Island Borough
t. a fj/'o, T Community Development Department
,7 ° 710 Mill Bay Road Room 205
42) fr11?!1(j t Kodiak.Alaska 99615
P+s Phone(907)486-9363 Fax(907)486-9396
.. .,. www.kodiakak.us
April 7,2014
Mr.lames Poulos
3064 Spruce Cape Road
Kodiak,AK 99615
Re: Case S14-013.Request preliminary approval of the replat of Lots 138-1 and 13F-I,U.S.Survey
3100 and the vacation of access and utility easements on Lot 13P-I and a 10'sewer easement on
Lot 13B-1:creating Lot 1311-2,U.S.Survey 3100(KEBC 16.40 and 16.60).
Dear Mr.Poulos:
Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the
case referenced above for Public Nearing at their May 21,2014 regular meeting.This meeting will begin
at 6:30 p.m.in the Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska.Attendance at this meeting
is not mandatory but recommended.
One week prior to the regular meeting.on Wednesday, May 14, 2014 at 6:30 p.m, in the Borough
Conference Room(4171),the Commission will hold a packet review work session for the purpose of
reviewing packet materials and staff summaries of cases scheduled fur the regular meeting.
The public is welcome to attend the packet review work session:however,the work session is not for the
purpose of receiving public testimony.Applicants who wish to present testimony andlor evidence related
to their case should appear at the Public Hearing during the Regular Meeting and present such
information in person.
Please contact the Community Development Department at 486-9363 it'we can answer any outstanding
questions or provide additional information.In advance,thank you for your cooperation.
Sincerely, llll/
Sheila Smith,Secretary
Community Development Department
CC: Norma Land Surveying,tnc.
Case No.514-013 Public Notice Page of 6
Page 198 of 214
'Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
�-/- Kodiak Island Borough
f, rf 7r , \i'
. �. Community Development Deportment
ay` 7c- . ) 710 Mill Bay Road Room 205
�., to
e
" / Kodiak,Alaska 99615
'�- Phone(907)486-9363 Fax(907)486-9396
www.kodiakak.us
To: PRELIMINARY PLAT REVIEW AGENCIES
Alaska Communications Systems-Engineering Department-Kenai
Alaska Dept.of Transportation&Public Facilities-Central Region Planning
City of Kodiak-Building Officials
City of Kodiak-Public Works Department
Fire Marshal
GCI Cable, Inc.
Kodiak Island Borough-Engineering and Facilities Department
Kodiak Island Borough Parks&Recreation Committee
Kodiak Electric Association-Engineering Department
United States Postal Service
Kodiak Island Borough-Information Technology Department
FROM: Sheila Smith,Secretary
DATE: April 7,2014
RE: Case 514-013. Request preliminary approval of the replat of Lots 13B-1 and 13F-1, U.S. Survey
3100 and the vacation of access and utility easements on Lot 13F-1 and a 10'sewer easement on
Lot 13B-1;creating Lot 13B-2, U.S.Survey 3100(KIBC 16.40 and 16.60).
The Kodiak Island Borough Community Development Department received the enclosed plat for review
and action by the Kodiak Island Borough Planning and Zoning Commission at their May 21, 2014 regular
meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak,
Alaska.We would appreciate your review and comment regarding this proposed plat.
The week prior to the regular meeting on Wednesday, May 14, 2014 at 6:30 p.m. in the Kodiak Island
Borough Conference Room, the Commission will hold a work session to review the packet material for
the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on
Tuesday,May 6,2014 in order for your comments, suggestions, or requests to be considered by staff
and discussed at the packet review work session.
If we do not receive a written response from you by May 6th, we will conclude that you have no
requests or suggestions. Our FAX number, should you wish to use it, is 486-9396 or you may email
comments to ssmith @kodiakak.us. If you have any questions, please call the Community Development
Department at 486-9363.
Case No.114-013 Public Notice Page 2 of 6
Page 199 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:2 C
P&2 REGULAR MEETING MAY 21,2014
Location
3022 &3064
Spruce Cape Rd Notification Area Map
Case S14-013
Applicant
James Poulos
p ^ �[yy Tana Lane
:` o o° • '���a 19A cbt
r, 322�b°9y�mP �e® �i'N
ps 0 . "stoa, qr iltk, 3?..
4. .p Iliti%Hr
de
411t0,14474tHs% 4.11 •
a �
Anw Way
d^A eaa o-p�
z•e
•' ,� �� ^,3071 ^pG
I iiii%141to ‘\ ':4'\
*-------7 L _ I�
yP
azr j
—.oft
-`' I Public Hearing Notice L`g°^° N 1
raoi =Subject Parcels yt. �Q j�� fi 1
0 190 9x0 ( J Notification Area ? .
Kodok island Borough GIS Community Oovtbopmont Departmentc—ACCezz Rnaps
Impilwm.kediakak.usigls(9071 585-5377 yand*s Kponnmlw Nysg iiaµvpevo
qtly a�u¢m�xeeMCa(o mYp9a■«pmmmwWeu -jtlnouna�unM RI90bl WaYz
Case No.S34-013 Public Notice Page 3 of 6
Page 200 of 214
"Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&2 REGULAR MEETING MAY 21,2014
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road,Kodiak,Alaska 99015
(907)486-9363 ww ,koctiakgk_ts
Lis nl 7,2014 Public Hearing Item 7-C
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday,May 21,2014.The melting will begin at 6:30 p.m.in the
Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough
,Planning and Zoning Commission,to hear comments if any,on the following request:
CASE: Sl4-013
APPLICANT: James Poulos
AGENT: Horizon Land Surveying
REQUEST: Preliminary approval or the replat of Lots 1313-I and 13P-I, U.S.Survey 3100 and the
vacation of access and utility easements on Lot 130-.1 and a 10' sewer easement on
Lot 1313-lc creating Lot 133-2,U.S.Survey 3100(Ktt3C 16.40 and 16.60).
LOCATION: 3022 and 3064 Spruce Cape Road
ZONING: R2-Two-iuntily Residential
This notice is being seat to you because our records indicate you are a property ownerilnterested party in the area of
the request_ ff you do not Wish to testify vet-bay,you may provide your comments in the space below or in a letter
to the Community Development Oepannsent. Written comments must be received by 5 pm,Tuesday,May 6,
2014 to be considered by the commission.If you could like to fax your continents to us,our fits number is:(907)
486-9396,or you may entail your continents to ss'm ith/Dkodiakak_us. If you mould like to Ieslify via telephone,
please call in your comments during the appropriate public hearing section of the meeting. The local call-in
telephone number is 486-3231. The toll free telephone number is I-855-492-92112.
One seek prior to the regular meeting.on Wednesday,May 14,2014 a work set sion still be held at 6:30 p.m.in the
Kodiak Island Borough Conference Room(012 II,to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. II'you have any questions about the request or your appeal rights,please feel free to call us
at 486-9363.
sm,,Name: Nailing Address,
vmu'pt sports dessespriest
Comments: ...
Case No.514-013 Public Notice Page 4 of B
Page 201 of 214
*Assembly Approval of the Vacation of Private Access and Uti.. .
D
N
N
(D
C
D
a
-p PUBLIC HEARING ITEM:]C
5 P&Z REGULAR MEETING MAY 21,2014
tU
co
.r
ra
_ Nc4Nm MAP
. ,
oU- t / -
ru KS r rc.o r
DYcc a' . ,�. i.«__-
itea. W,,,_.,.,,.., w.. ',,, �.,
N /i,,;',`f'\ THIS u A PAPER '1/
a / try
C ,Vit--
_ nr MP
X1.1 P.OVfiL
1 0 1 ,m.cxv• n:o.xe uwo•
E i...m T.„ _ _,,E, o. s '""°
I�p q xA ...wrs 'o,. ..x.
„„ ._ sf.L' at .E_. 'SILL-O . r .a.-.xou.n re
I' ctrILIl,✓
N t A '"`"
ap
N st Q OAKS■47
N "w:
N , ,,
O .6, 6, '..,
Case No.514-013 Public Notice Page 5 of 6
NJ
a
CO
6
AGENDA ITEM #13.D.1.
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
First_Name Last_Na me Mail_Line_ Mail_City Ma il_State Mail_Zip
DAWN ACOSTA PO BOX 723 KODIAK AK 99615
HARRY LB ARDINGER 1710 MILL BAY RD KODIAK AK 99615
JAMES ARNESON 3092 SPRUCE CAPE ROAD KODIAK AK 99615
HOWARD BODI 3031 SPRUCE CAPE RD KODIAK AK 99615
JOHN BURNETT PO BOX 8535 KODIAK AK 99615
KENNETH&SARAH DUNN PO BOX 8781 KODIAK AK 99615
DONALD ERDMAN FLP PO BOX 1912 KODIAK AK 99615
TEENA HALL 4232 150TH ST SW t15B LYNNWOOD WA 98037
DOUGLAS HOGEN 3099 SPRUCE CAPE RD KODIAK AK 99615
JERRY HOLT P.O.BOX 763 KODIAK AK 99615
GRACE HWANG 107 DONNA DR SITKA AK 99835
LESLIE T&MARY A JAMES PO BOX 536 KODIAK AK 99615
ANDREW&KATIE JOCA PO BOX 256 KODIAK AK 99615
JAMES KENNEDY 3023 SPRUCE CAPE RD KODIAK AK 99615
KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615
KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615
ROBERT B LINDSEY 3162 SPRUCE CAPE RD KODIAK AK 99615
LOUIS LINDSEY LIVING TRUST 3825 324TH AVE SE FALL CITY WA 98024
PETER LYSE 566 PEREZ WAY KODIAK AK 99615
JOSE MADRID PO BOX 363 KODIAK AK 99615
DENIS MCNIEL 620 PEREZ WAY KODIAK AK 99615
MK ENTERPRISES,LLC PO BOX 2338 KODIAK AK 99615
JAMES POULOS 3064 SPRUCE CAPE RD KODIAK AK 99615
JOHN RICE 590 PEREZ WAY KODIAK AK 99615
LEONARD R ROBERSON 3130 SPRUCE CAPE RD KODIAK AK 99615
RICHARD ROHRER PO BOX 2219 KODIAK AK 99615
DANIEL ROHRER PO BOX 786 KODIAK AK 99615
NATHANIEL ROSE PO BOX 8835 KODIAK AK 99615
CARLOS SANCHEZ PENALOZA 3155 SPRUCE CAPE RD KODIAK AK 99615
STAN SARGENT PO BOX 574 KODIAK AK 99615
JOSEPH ALLISON WALKER 612 PEREZ WAY KODIAK AK 99615
ARYAN WANDERSEE 3202 SPRUCE CAPE RD KODIAK AK 99615
WARNER ENTERPRISES,LLC 3960 HARRY NEILSEN AVE KODIAK AK 99615
JON YOUNG 585 PEREZ WAY KODIAK AK 99615
Case No.S14-013 Public Notice Page 6 of 6
Page 203 of 214
*Assembly Approval of the Vacation of Private Access and Uti...
AGENDA ITEM #13.0.1.
PUBLIC HEARING ITEM:7 C
P&Z REGULAR MEETING MAY 21,2014
Submit by Email
a v,.,- Kodiak Island Borough Community Development Department
* ; 710 Mill Bay Rd.Rm 205,Kodiak,AK 99615
Ph.(907)486-9362 Fax(907)486-9396 Print Form
http://www.kodiakak.us
Subdivision Application
Kodiak Island Borough Code Title 16
Applicant l nrormation:
PropertyOwnet/Applicant: - rA_ck.�!e 1 4 OS
Mailing Address: / %J joY J
Phone Number: +-F�Z�— 54 79
Other Contact email,etc.: h ?nu,LO. 4) fit t ,4.t.9cf-1, nle
Agent ft/or Surveyor: '. .Ian.. ,y d fd.l.
Mailing Address: fl � (Cfc,L1j
-...
Phone Number: /Ara, (,Ed _
Other Contact email,etc.:
eronrty�rmalign:
Current Legal 0evcriptiontsl: R
/3.�}7 ,4..N 3 /3f/�.-/
•
Proposed Legal Description(s): LLA _g,y i/L.422,aa,S.S, nektioc2z z, /R11+7 rT'
Cott /36 - Z tLSS 3/a�
r
Are you requesting°waiver ofanysubdivlslon requirement according tomeC l6.1100107 YP5
F
Date:,„„ /47 Sianatur- w
- _ w
Pajixtent Ver{Q4ation Fee Payable in Cas - Office Room a 104,Main Boos of Borough Building
T
Waiver Plat per KIK 16.10.050: I— 5 7500 I(/.�/�
Abbreviated Nat per KIBC 16.30: 30001>�5.+" n1 /' °�
Preliminary Plat per KIBC 16.40(maximum 12 lots): a�pppp yq(t�� ���
Preliminary Plat per KIBC 16,40 tmore RWrt 12 tots): [— 5 to be determinedhasedon,MxflnJrn s)2*�otiott proposed
Vacation Plat per KIBC 16.60: 536" KODIAK ISLAND BOROUGH
r FINANCE DEPARTMENT
Date: 'fjv CODStaN: „, -.,Sl(�_z}4_•
Case No.S14-013 Application Page 1 of 2
Page 204 of 214
"Assembly Approval of the Vacation of Private Access and Uti...
PUBLIC HEARING ITEM:7 C
P&2 REGULAR MEETING MAY 21,2014
. c
3 i
en rt t PSG'PCA SP GISGGS<,,c,ISISrGess”., 1
3- ■ ,,,n,-,.„,,,,x,,,,x-4,-,
,1 :-/ . AAAtistr \ 4' 2
15 ssr:m+GAG GA tGA s.A s■Gs A G
< Gs AGemussesssIr Gs GAGA op,nAGE
.4—
4'' 4 I
40 ' 11 ‘<P%lkii sjAs.—G AA,
0
GS
,c
c i
,..a. 2
2
Z cl l c
Ni TA"
O 14% G
GGA GAG
-0 1
—, rs .. CAGICRPG" Acromq
ea ,, PGA s A,:lac se GAGA so.AA,"ass
Fra e , '..,"te. , 2,,
> s \ „21
'Z''"'"s
, '22"" ' 2.-
2 , ,
_
O 4
Oa c' ''222
:GS G A PAAPP
r,...3 / '
C ,
,
st, , r, .',07 ///C■Rt”.1.
/ v- iGyjt-„::", c J-82 .00,,,,t,a,,,,,,,,,,
Tl.‘ ---cicc'll lla anat. k..., ar t ata warn,
a,
a 1 .-lrrat,,, a „,-,7,7,-at,a,„„.,,,,„
...tat,la caw,oc,-,.tat s wo __
li tat,»aan rat , ,
14
\il al l'llAt: _
al ._ .
i yilt
ll lc"l‘lcEl"^Pc'lc c`cciccalc Illc
.O.P.1.0,5 LOAM.4A1t0{.1,u`■,y+s,ry gr.,e,,y,
..„-ts,Li_01 2-,,,,, .raintes--02-Cart1Caletoio
),,,,,C,51;F7):7*.t :z477:mncrf:7.71z
13 C
r
ta, 1=:d.,t? ,,:v.:.,..-....::.---=
CD t
N.) r'clic "mcl
O lelltlaaticalaWI
PO Case No.514-013 Application Page 2 of 2
..a.
-P.
AGENDA ITEM #13.D.2.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
u; ' "(: JUNE 19, 2014
'.?4, 4 ASSEMBLY REGULAR MEETING
TITLE: *Declaring a Seat on the Parks and Recreation Committee Vacant(Jeff
Huntley).
ORIGINATOR: Jess Kilborn
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number: Amount Budgeted:
SUMMARY STATEMENT:
On June 4, 2014 the Clerk's Office received notice of the recent passing of Mr. Jeff Huntley,
who served on the Parks and Recreation Committee since September 2002. Per KIBC
2.100.070(A)Vacancies, it is necessary to declare the seat held by Mr. Huntley vacant,
and according to KIBC 2.100.070(D)the vacancy shall be advertised for new applicants for a
seat term to expire December 2015.
RECOMMENDED MOTION:
Move to declare the seat held by Mr. Jeff Huntley on the Parks and Recreation Committee for
a seat term to expire December 2015 vacant and direct the Clerk to advertise the vacancy per
Borough Code.
Kodiak Island Borough
Page 206 of 214
*Declaring a Seat on the Parks and Recreation Committee Vaca...
AGENDA ITEM #13.D.2.
^S:< KODIAK ISLAND BOROUGH
c r
t " PARKS-AND RECREATION COMMITTEE
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Jeff Huntley 2015 486-4013 cactusrefer(a,vahoo.corn
1015 Pine Crescent
Kodiak,AK 99615
Helm Johnson 2015 539-5014 539-5014 539-5014 helm( rideakimbo.com
PO Box 261
Kodiak,AK 99615
Rick Lindholm 2014 486-8297 486-8111 rickl(rDkihaorq
PO Box 474
Kodiak,AK 99615
Michael Marion(Chair) 2014 481-2999 487-4991 memarion(Tgci.net
PO Box 9052
Kodiak,AK 99615
John Neff 2016 907-942- SAME johnneff89(av)dmail.com
PO Box 3238 3436 FAX
Kodiak,AK 99615 512-0992
Patrick Saltonstall (Vice Chair) 2015 486-2634 486-7004 pgsalton(o)gci.net
PO Box 1909 patrick(ghalutiigmuseum.orq
Kodiak,AK 99615
Michael Scalzo 2014 707-490- 487-5525 707-490- michael.a.scalzo(a�uscq.mil
2017A Aviation Loop 5489 5489
Kodiak,AK 99615
NON-VOTING EX-OFFICIOS
Assembly Representative
Mel Stephens 486-3143 mmstep(ahgci.net
PO Box 1129
Kodiak,AK 99615
State Representative
Vacant
City Parks S.Rec.Representa-
tive 486-8670 cpowers(a)city.kodiak.ak.us
Charlie Powers
410 Cedar Street
Kodiak,AK 99615
School District Representative
Steve Doerksen 486-0398 481-6208 654-0398 sdoerksen0l(alkibsd.orq
722 Mill Bay Road
Kodiak,AK 99615
Roster continued on the next page....
Revision Date:4/18/2014
Revised by:am
•
Page 207 of 214
*Declaring a Seat on the Parks and Recreation Committee Vaca...
AGENDA ITEM #13.0.2.
> :. KODIAK ISLAND BOROUGH
PARKS AND RECREATION COMMITTEE
vr. .it
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Planning and Zoning Commission
Representative
Alan Schmitt 486-5314 942-0404 aschmittc kibplanninq.com
3295 Woody Way Loop
Kodiak,AK 99615
Vacant,Alternate
This committee is governed by Kodiak Island Borough Code 2.120
ODD DIRECTOR,BOB PEDERSON 486-9363 Amason @kodiakak.us
CODE ENFORCEMENT OFFICER,NEIL HORN 486-9364 nborn@kodiakak.us
CDD SECRETARY,SHEILA SMITH 486-9363 smith(dkod'ekak us
COMMUNITY DEVELOPMENT DEPARTMENT
710 MILL BAY ROAD
ROOM 205
KODIAK,AK 99615
Revision Date'4/18/2014
Revised by am
Page 208 of 214
*Declaring a Seat on the Parks and Recreation Committee Vaca...
AGENDA ITEM #17.A.
Service Area No. 1 Board
Regular Meeting
April 28,2014 6:I5 p.m. RECEIVED
Kodiak Island Borough Conference Room
1. CALL TO ORDER JUN 4 2014
Chair Scott Arndt called the meeting to order at 6:17 p.m. BOROUGH CLERK'S OFFK; : -
KODMK,ALASKA
2. ROLL CALL Or
Board Secretary Jenny Clay conducted a roll call and present were Chair Scott Arndt, Board
Members Kevin Arndt, Paul Hansen, Curtis Howell, Natasha Hayden and Dennis Symmons. A
quorum was established. Also present was visitor Craig Depart. Board member Turk Martin
arrived late at 6:20.
3. APPROVAL OF AGENDA
HANSEN MOVED to approve agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4. APPROVAL OF PREVIOUS MINUTES— Regular Meeting March 27,2014
HANSEN MOVED to approve the minutes of March 27, 2014.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT
SYMMONS MOVED to Acknowledge Receipt of the Financial Report.
Board Discussion ensued.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. VISITOR COMMENTS.
None
7. CHAIR'S REPORT
None
8. OLD BUSINESS
A. Line Striping of Paved Roads
1
Service Area No.1 April 28,2019
Page 209 of 214
Minutes of Other Meetings
AGENDA ITEM #17.A.
Chair Arndt discussed with the Board two bids from K-Line Alaska and A.I.M. Maintenance, for
Line Striping of Sharatine Road, Spruce Cape Road, Harry Nielsen Avenue, Sot Larsen Way and
Sitkinak Road.
SYMMONS MOVED to award the preliminary Striping of Roads to K-Line Alaska with a
purchase order of NTE 59,000. Board Discussion continued.
ROLL CALL VOTE ON MOTION CARRIED 7 TO O.
B. Update on continued clearing of Road Right A Ways
Chair Arndt discussed the particulars of clearing Service Area 1 Road Right A Ways with the
Board.
C. Beaver Lake Drive Road Crossing Culvert Replacement
Chair Arndt informed the Board on the two Beaver Lake 18"Culvert Replacements.
D. Mallard Way Culvert Replacement
E. Woodland Drive Ditching,Culver ling and Culvert Replacement
Chair Arndt updated the Board on the culvert replacements for Mallard and Woodland Drive.
Projects should he completed by June 30, 2014.
9. NEW BUSINESS •
A. Purchase of Calcium Chloride
Chair Arndt discussed the three bids that were received on the Calcium Chloride and Road Salt
Bids with the Board.
SYMNIONS MOVED to award the bid of 20 tons of Calcium Chloride to Round Butte for
S 11,942.80.
Discussion by the Board continued.
ROLL CALL VOTE ON MOTION CARRIED 7 TO O.
B. Purchase of Road Salt
Chair Arndt informed the Board that Road Salt was not needed until September/October 2014.
He discussed with the Board the use of Road Salt on paved roads replacing chips. Board
discussion ensued.
MARTIN MOTIONED to postpone purchasing Road Salt until the end of May.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
2
Service Area No.1 April 28,2014
Page 210 of 214
Minutes of Other Meetings
AGENDA ITEM #17.A.
10.VISITOR COMMENTS
Greg DeHari commented on pricing of sand and a salt mixture. He would like to try and produce
different products.
II.BOARD COMMENTS
D.
Symmons—Glad to see everyone here.
T. Martin — Would like to keep a list of projects that have not been completed and make sure
they are not forgotten.
K. Arndt-None
C. Howell—None
P. Hansen—None
N. Hayden—Would like more notice as to when meetines are scheduled.
12.MEETING SCHEDULE
A regular meeting was scheduled for May 29, 2014 at 6:15 PM
13.ADJOURNMENT
SYMMONS MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Meeting was adjourned'at 7:21 p.m.
2_ C� Ems- Dater ia.4,1 62-9 o2 NV
1: ny Clay (f 0
Engineering/Facilities
proved B
l /57/71,2, Date: /. 11x 2 2&/y
Scott Arndt,Chair
Service Area No. I
3
Service Area Na.1 April 28,2014
Page 211 of 214
Minutes of Other Meetings
AGENDA ITEM #17.C.
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
Board of Education
Special Meeting—May 2,2014
SUMMARY
APPROVED: Motion to approve Request to Bid KHS FF&E televisions and
stands and other FF&E items not available through a purchasing
cooperative as presented.
APPROVED: Motion to adjourn.
Subsequent to approval, Board of Education meeting minutes are posted on the District's
website at wrom.kihsd.org.
Page 212 of 214
Kodiak Island Borough School District Special Meeting Summar...
AGENDA ITEM #17.C.
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
Board of Education
Regular Meeting—May 19,2014
SUMMARY
ACTION ITEMS:
APPROVED: Motion to approve the Agenda and Consent Agenda to include:
*Approval of Minutes- Regular Meeting Minutes of April 21, 2014.and
Special Meeting Minutes of May 2, 2014.
*Approval of the 2014/2015 Rural Schools' Handbook as presented. To
further the one school concept for the Rural Schools on Kodiak Island, a
consolidated student handbook was comprised for use in all the rural sites.
*Approval of 2014 Construction Education Foundation, Kodiak
Construction Academy Grant Award in the amount of$13,200 for skills
training in National Center for Construction Education Research Core
Construction curriculum and OSHA safety training.
PRESENTED: School Board President KATIE OLIVER presented certificates of
appreciation to North Star Elementary School's Volunteers of the Month
Dianne Gould and Melissa Alexander.
PRESENTED: School Board President KATIE OLIVER presented Spirit of KIBSD staff
recognition Service Awards to Peterson Elementary School Instructional
and Library Paraprofessional Linda McCool and Kodiak Middle School
Instructional Paraprofessional Cindy Armstrong and Spirit of KIBSD staff
recognition Teaching Awards to Peterson Elementary School Speech
Language Pathologist Cristina Bieber and North Star and Peterson
Elementary Schools' Counselor Stephen Foreman.
PRESENTED: School Board President KATIE OLIVER presented watches to Kodiak
Middle School Teacher Sumie Ono; North Star Elementary School
Teacher Frances Yates-March; and Main Elementary School Teacher
Chris Provost for appreciation of thirty years of service to the District; and
Port Lions School Instructional Support Specialist Elizabeth Nelson with a
plaque of appreciation for thirty-five years of service to the District.
PRESENTED: School Board President KATIE OLIVER presented retirement recognition
plaques to East Elementary School Teacher Jane Renslo; East Elementary
School Physical Therapist Barbara Rabold; North Star Elementary
Physical Therapist Martha McKinney; North Star and Main Elementary
Schools'Teacher Virginia LeDoux; North Star and Main Elementary
Schools'Teacher Darlene Rounsaville; Peterson Elementary School
Teacher Wanda Cagle: Kodiak Middle School Teacher Sherry Anderson;
Kodiak Middle School Teacher Cid Blase; Kodiak Middle School Teacher
Nanette Helenhouse: Kodiak Middle School Teacher Mary Linscheid;
Page 213 of 214
Kodiak Island Borough School District Special Meeting Summar...
AGENDA ITEM #17.C.
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
Board of Education
Regular Meeting—May 19,2014
SUMMARY
•
Kodiak Middle School Teacher Patricia M. Olsen; Kodiak High School
Counselor Susan Blote Kodiak High School Teacher Eric Linscheid:
Kodiak High School Teacher Stacey Street; Correspondence Program
Teacher Jennifer Smith;North Star School Principal Kathy Powers;and
District-wide Administrator Bill Watkins.
PUBLIC
HEARING: School Board President KATIE OLIVER opened a Public Hearing to
allow for comments from members of the community regarding the
2014/2015 Proposed Town Schools' Revised Calendar. Kodiak Middle
School Teacher Jennifer Eubank gave comment on the revised calendar.
APPROVED: Motion to approve the 2014/2015 Proposed Town Schools' Revised
Calendar as presented.
PUBLIC
HEARING: School Board President KATIE OLIVER opened a Public Hearing to
allow for comments from members of the community regarding the
2014/2015 Rural Schools' Calendar. Port Lions Advisory School Board
Member Judy Clayton made comments and asked for clarification on the
calendar options.
APPROVED: Motion to approve the 2014/2015 Rural Schools' Draft Calendar Choice A
and Choice B as presented. Each rural site will determine which calendar
they will follow for the 2014/2015 school year.
APPROVED: Motion to acknowledge receipt of the March 2014 Report of Revenues
and Expenditures,year-to-date general fund revenues in the amount of
529,128545 and year-to-date general fund expenditures in the amount of
$26.206.357.
APPROVED: Motion to approve Out of State Student Travel for KI IS Dance Team
members as presented.
APPROVED: Motion to approve a 2014/2015 certificated contract to Jason Fox -
MA+54/3 in the amount of S67-857 for 1.0 FTE counselor at Kodiak
hligh School;and Sheila Beardsley- MA-F136/8 in the amount of 575,000
for 1.0 FIE counselor at Kodiak High School.
APPROVED: Motion to adjourn.
Subsequent to approval, Board pf Education meeting minutes are posted on the District's
websrte atxnt-w.kibsdprg and on Boa rdDocs at
hup://ti'n'ts',boarddocs.corn/ak/kodiak/Boord.nsf/Public
Page 214 of 214
Kodiak Island Borough School District Special Meeting Summar...
Kodiak Island Borough
Assembly Regular Meeting Guidelines
June 19, 2014, 7:30 p.m., Borough Assembly Chambers
PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put
them on vibrate.
1. INVOCATION
Major Michael Bates of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse any Assembly member who may absent.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine and non-controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the consent agenda and considered in its normal sequence on
the agenda. All items in yellow are consent agenda items.
Summary of Consent Agenda Items:
* Resolution No. FY2015-03 Participation in the AMLJIA Loss Control Incentive
Program.
X16 Assembly Approval of the Vacation of Private Access and Utility Easements on
Lot 13F-1 and the Vacation of a 10' Private Sewer Easement on Lot 13B-1,
United States Survey 3100.
* Declaring a Seat on the Parks and Recreation Committee Vacant (Jeff
Huntley).
Recommended motion: Move to approve the agenda and consent agenda.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES — None.
6. AWARDS AND PRESENTATIONS
A. Filipino American Heritage Month Proclamation — Mayor Friend
• Accepting: FilAm President Mary Guilas-Hawver
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 1
7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda Items not scheduled for public hearing and general comments.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
8. COMMITTEE REPORTS
9. PUBLIC HEARING
A. Ordinance No. FY2014-01D Amending Ordinance No. FY2014-01 Fiscal Year 2014
Budget by Amending Budgets to Account for Various Revenues That are Over
Budget, Provide for Additional Expenditures and Move Funds Between Projects.
Recommended Motion: Move to adopt Ordinance No. FY2014-01 D.
Staff Report—Manager Cassidy
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
Continued on next page...
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 2
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2014-31 Chiniak School Oil Tank Replacement Project.
Recommended Motion: Move to authorize the manager to approve Contract
No. FY2014-31 to S&S Enterprises Inc., dba Kodiak Lawn Care and Snow
Removal for the Chiniak School Oil Tank Replacement Project in an
Amount Not to Exceed $144,900.
Staff Report — Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2014-36 Panamaroff Park Playground Equipment Procurement.
Recommended Motion: Move to authorize the Manager to execute Contract
No. FY2014-36 with Playcraft Direct, Inc. of Grants Pass, Oregon for the
Panamaroff Park Playground Equipment Procurement in an amount not to
exceed S58,643.70.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
3. Contract No. FY2014-37 Collective Bargaining Agreement With the International
Brotherhood of Electrical Workers, Local 1547.
Recommended Motion: Move to authorize the manager to execute Contract
No. FY2014-37 with the International Brotherhood of Electrical Workers,
Local Union 1547 to reflect a COLA increase for all Borough employees
(union and non-union) effective January 1, 2014; permit transfer of union
employees from the state sponsored health insurance plan to the Alaska
Electrical Health and Welfare Trust; and to provide health insurance to
IBEW members, and to adjust the Borough Salary Schedule.
Staff Report — Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 3
4. Contract No. FY2015-02 Banking Services for the Kodiak Island Borough.
Recommended Motion: Move to authorize the manager to execute Contract
No. FY2015-02 with Wells Fargo Bank for banking services for the Kodiak
Island Borough for the period of September 1, 2014 to August 31, 2017,
with an optional two-year extension.
Staff Report — Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
5. Contract No. FY2015-03 Non-Union Employee Participation in Alaska Electrical
Health and Welfare Fund.
Recommended Motion: Move to authorize the Manager to execute Contract
No. FY2015-03 with the Alaska Electrical Trust Fund of Anchorage, Alaska
for non-union employee healthcare in an amount identical to those
negotiated in the IBEW Collective Bargaining Unit contract and approved
by the Assembly.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions
1. Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak Island Borough
Non-Profit Funding.
Recommended Motion: Move to adopt Resolution No. FY2014-32.
Staff Report — Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. *Resolution No. FY2015-03 Participation in the AMLJIA Loss Control Incentive
Program.
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 4
C. Ordinance for Introduction
1. Ordinance No. FY2014-19 Requesting the Inclusion of the Newly Constructed
Residence Located at Lot 8, Block 1, Lakeside Subdivision First Addition and the
Residence Located at Lot 7, Block 2, Akhiok Townsite in the Existing Payment in
Lieu of Tax (PILT) Agreement with Kodiak Island Housing Authority.
Recommended motion: Move to adopt Ordinance No. FY2014-19 in first
reading to advance to public hearing at the next regular meeting of the
Assembly.
Staff Report— Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
2. Ordinance No. FY2014-20 Amending Title 2 Administration and Personnel
Chapter 2.30 Rules of the Assembly Section 2.30.080 Decorum in Debate
Section 2.30.090 Citizens' Rights.
Recommended motion: Move to adopt Ordinance No. FY2014-20 in first
reading to advance to public hearing at the next regular meeting of the
Assembly.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
D. Other Items
1. *Assembly Approval of the Vacation of Private Access and Utility Easements on
Lot 13F-1 and the Vacation of a 10' Private Sewer Easement on Lot 13B-1,
United States Survey 3100.
2. *Declaring a Seat on the Parks and Recreation Committee Vacant (Jeff
Huntley).
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 5
15. ASSEMBLY MEMBERS' COMMENTS
Announcements — Mayor Friend
The next Assembly work session will be held on Thursday, June 26 at 7:30 p.m. in the
Borough Conference Room with a special meeting immediately following the work
session. The next regular meeting is scheduled on Thursday, July 3 at 7:30 p.m. in the
Borough Assembly Chambers.
The Mayor and members of the Assembly will be in attendance at the Marine Highway
Transportation Advisory Board Reception on Monday, June 23, 2014 from 5:30 p.m. to 7
p.m. at the Kodiak Fisheries Research Center.
16. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
June 19, 2014 Page 6
rued: Recessed: Reconvened:
BY: 1n BY: Qg,Q,{f BY: {(j, ka' BY: LtMpI1
,OND: SECOND����TTA �\�„ p SECOND: (j,oi ,�n[ A SECOND: Alamo, SECOND: n r9pl,
at N
I ■ tM f pifotil-oID { v\ go to - I Y' aoki-1 4-3(r
Cks61- 4wik
I j
YES NO Y ES • NO , ' 1 YES , NO _ - YES; ;NO _ YES'
/Austerman Ms. Austerman Ms. Austerman�i ✓ Ms. Austerman V j Ms. Austerman V
I Mr. Bonney V I Mr. Bonney Mr. Bonney IV Mr. Bonney k V Mr. Bonney
Mr. Griffin / Mr. Griffin Mr. Griffin V Mr. Griffin Mr. Griffin Y /
Mr. Kaplan I I/ Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan f� VV
F
Ms. Lynch { ✓ 1 Ms. Lynch Ms. Lynch V Ms. Lynch Ms. Lynch
I
I Mr. Peterson / E j Mr. Peterson Mr. Peterson V Mr. Peterson 1, Mr, Peterson
Mr. Stephens V 1---- Mr. Stephens Mr. Stephens , Mr. Stephens v ( Mr. Stephens I I
[CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE
I TOTAL: ( 1 I TOTAL: f rl ( Q J TOTAL: 9 I D TOTAL: I i
in the case where only six members of the assembly are present and there is a three/three tie vote of the asse
I I Mayor Friend 1 1 ( Mayor Friend } Mayor Friend '
I
is na'_caocu. ,w •t w.
.460 BY: p6141t0,/k BY: �1 BY: LAI ft /
ID: SECOND: SECOND: SECOND: j SECOND:
y � fff � 1,6 'w�
Nos I Q) -nikerotol-NO . 044 %. a nN)6 . iscriNOth
utkoki I .
Py, 04 -' 11
H\ o - -o Ti � i� -722- '�
S
' YES INO �. YES
Ms. Austerman 1 Ms. Austerman Ms. Austerman Ms Austermay � i Ms. Austerman
Mr. Bonney Mr. Bonney ( Mr. Bonney Mr. Bonney 1 F V, Mr. Bonney
Mr. Griffin F Mr. Griffin 1 Mr. Griffin I Mr. Griffin / 1 Mr. Griffin
Mr, Kaplan y
p V Mr. Kaplan Mr. Kaplan / f Mr. Kaplan Mr. Kaplan
Ms, Lynch Ms. Lynch Ms. Lynch �/V Ms. Lynch Ms. Lynch
Mr. Peterson Mr. Peterson Mr. Peterson ✓ Mr. Peterson Mr. Peterson ti
V--hens V �LMr—Stephens 1 Mr. Stephens IF 1/ Mr. Stephens / Mr. Stephens
1
^TE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V/
1 0 TOTAL 11 !s 0 TOTAL ( j TOTAL:
-'"six members of the assently are present and there is a three/three tie vote of the r
,. . .......--. . .,..,_.......__.
LAI ROI\j I BY: Li aa) BY: aC" BY:
ID: kciticiA) SECOND: A„.49.1001, SECOND: (2401(9h, SECOND: SECOND:
: vEs :N9; ES YESJNQi YES
)6 wAt N1D- 0 (4ftwee k.
TN (9,011-1-19 -T\104-02D
Ms. Austerman Ms. Austerman V - Ms. Austerman V Ms. Austerman Ms. Austerman
Mr. Bonney isb 7 Mr. Bonney
Mr. Bonney
V. Mr. Bonney Mr. Bonney
Mr. Griffin V Mr. Griffin V Mr. Griffin y Mr. Griffin Mr. Griffin
Mr. Kaplan
Mr. Kaplan \( Mr. Kaplan .1.
pi V/ Mr. Kaplan Mr. Kaplan
Ms. Lynch V Lynch V Ms. Lynch V Ms. Lynch Ms. Lynch
Mr. Peterson V Mr. Peterson V V Mr. Peterson V Mr. Peterson Mr. Peterson
-1-ons V Mr. Stephens Mr. Stephens V Mr. Stephens Mr. Stephens
--rc9 CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V(
1 n 1 1 I TOTAL:
-1-cix members of the assembly are present and there is a three/three tie vote of the
KODIAK ISLAND BOROUGH
Regular Meeting
Regular Meeting of: /ice--/ 7..e/V
Please ase PRINT your name '/ Please PRINT your name
III _
,�v, z 7N - ;keep. - ;
lot I /..a.:::
1 c`-- S ALA-3 S c W- I t1
vo 7-3(a lc le‘-
-1(e/1/1 Ige-;14
SC n nrr/�L
Ar 6�,,, [cQ `;�iwd
1
� �vre(