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2018-04-26 Work Session PUBLIC HEARING Ordinance No. FY2018-04C Ordinance No. FY2018-20 UNFINISHED BUSINESS Ordinance No. FY2018-05 Ordinance No. FY2018-06 Ordinance No. FY2018-07 CONTRACTS Contract No. FY2018-28 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 26, 2018 ASSEMBLY WORK SESSION SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 26, 2018 ASSEMBLY WORK SESSION ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.a. Department of Fish and Game 333 Raspberry Road Anchorage, Alaska 99518-1565 Main: 907.267.2342 Fax: 907.267.2499 FISH HABITAT PERMIT FH 14-II-0030 ISSUED: EXPIRES: Project Description AGENDA ITEM #2.a. Anadromous Fish Act AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.b. Budget Year 2019 .00.00.00.00.00.00.00.00 $0.00$0.00 7,500.00 42,000.0030,000.0025,000.00 945,079.00234,000.00$49,500.00140,000.00145,000.00 $234,000.00$340,000.00 2019 Level 2 8,505,716.00 $9,450,795.00$9,684,795.00$9,684,795.00 .00.00.00.00.00.00.00.00 $0.00$0.00 7,500.00 42,000.0030,000.0025,000.00 234,000.00$49,500.00140,000.00145,000.00 $234,000.00$340,000.00 2019 Level 1 9,262,482.001,030,476.00 $10,292,958.00$10,526,958.00$10,526,958.00 Budget Worksheet Report .00.00.00.00 $0.00$0.00 912.00715.84 Amount 7,198.616,630.50 38,641.3929,015.0018,376.20 928,700.22147,817.32$45,840.00151,464.83120,262.41 (38,292.00) 2018 Actual $147,817.32$270,708.58 8,152,870.02 $9,081,570.24$9,229,387.56$9,229,387.56 .00.00.00.00.00.00.00.00 $0.00$0.00 Budget 8,000.00 42,000.0070,000.0025,000.00 903,326.00253,000.00$50,000.00140,000.00145,000.00 $253,000.00$380,000.00 8,221,174.00 $9,124,500.00$9,377,500.00$9,377,500.00 2018 Amended .00.00.00.00.00.00 $0.0048.13 Amount 7,275.77 39,646.2331,232.5010,587.61 235,176.84400,000.00$46,922.00140,623.65141,497.00 2017 Actual $235,176.84$400,000.00$323,988.89 8,892,817.691,095,559.79 $9,988,377.48 $10,223,554.32$10,223,554.32 .00.00.00.00 48.69 Amount 3,066.91 29,721.0015,847.0021,259.50 253,112.24345,600.00140,000.00400,000.00$32,787.91137,351.25144,116.00 2016 Actual $253,112.24$485,600.00$400,000.00$318,622.44 9,103,596.431,002,581.07 $10,106,177.50$10,844,889.74$10,844,889.74 Totals REVENUE TOTALS 000 - Fund Revenues Department 000 - Fund Revenues201 - Education Support Account DescriptionReal Property TaxPersonal Property TaxMotor Vehicle TaxGeneral FundFacilities FundProvidence Mental Health ServicesAudit ExpensesOut of Pocket ExpensesInsurance & BondingProperty InsuranceGeneral Liablity Insurance CoverageInsurance Coverage DiscountsMobile Equipment InsuranceBad Debt ExpenseSnow Removal / SandingMaint & RepairsAuto Liability Insurance 201 - Education Support Fund DepartmentDepartment REVENUEEXPENSE AccountFund311.100311.200313.110391.100391.276430.165432.000432.110450.220450.221450.222450.224450.226450.320450.380450.430466.220 AGENDA ITEM #2.b. Budget Year 2019 $0.00$0.00$0.00 2019 Level 2 9,295,295.00 $9,295,295.00$9,684,795.00$9,684,795.00$9,684,795.00$9,684,795.00$9,684,795.00$9,684,795.00 $0.00$0.00$0.00 2019 Level 1 10,137,458.00 $10,137,458.00$10,526,958.00$10,526,958.00$10,526,958.00$10,526,958.00$10,526,958.00$10,526,958.00 Budget Worksheet Report Amount $18,376.20 2018 Actual 7,456,250.00 $7,456,250.00$7,791,174.78$7,791,174.78$9,229,387.56$7,791,174.78$1,438,212.78$9,229,387.56$7,791,174.78$1,438,212.78 $0.00$0.00$0.00 Budget 8,947,500.00 $8,947,500.00$9,377,500.00$9,377,500.00$9,377,500.00$9,377,500.00$9,377,500.00$9,377,500.00 2018 Amended $0.00 Amount 2017 Actual ($53,993.81)($53,993.81) 9,506,637.24 $9,506,637.24 $10,277,548.13$10,277,548.13$10,223,554.32$10,277,548.13$10,223,554.32$10,277,548.13 $0.00 Amount 2016 Actual ($60,758.95)($60,758.95) 10,154,238.34 $10,154,238.34$10,905,648.69$10,905,648.69$10,844,889.74$10,905,648.69$10,844,889.74$10,905,648.69 Totals Totals Totals Net Grand TotalsNet Grand Totals EXPENSE TOTALSEXPENSE TOTALS REVENUE TOTALS EXPENSE GRAND TOTALS REVENUE GRAND TOTALS 201 - Education Support 201 - Education Support Fund201 - Education Support Fund 201 - Education Support FundFund Department Account DescriptionKIBSD 201 - Education Support Fund Department EXPENSE AccountFund494.290 AGENDA ITEM #2.b. AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 26, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AMENDMENT #1 to Contract for Professional Legal Services THIS AMENDMENT #1 R E C I T A L S WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, 1.Amendments to Contract. 2.Effectand Continuation of Contract AgreementTerms. 3.Authority. ____________________________________________________________________________________________________ Amendment #1 – Contract for Professional LegalServices Kodiak Island Borough / Levesque Law Group LLCPage -1- AGENDA ITEM #2.c. 4.Counterparts. IN WITNESS WHEREOF, Kodiak Island Borough ATTEST: LEVESQUE LAW GROUP, LLC ____________________________________________________________________________________________________ Amendment #1 – Contract for Professional LegalServices Kodiak Island Borough / Levesque Law Group LLCPage -2- AGENDA ITEM #2.c. AGENDA ITEM #2.c. LEVESQUE LAW GROUP, LLC 3380 C Street, Suite 202 Anchorage, Alaska 99503 Joseph N. Levesque Shane E. Levesque, Of Counsel Phone: (907) 261-8935 Fax: (206) 309-0667 Website: levesquelawgroup.com EXHIBIT B AGENDA ITEM #2.c. LEVESQUE LAW GROUP, LLC 2 EXHIBIT B AGENDA ITEM #2.c. AGENDA ITEM #2.d. Appendix 1 AGREEMENT FOR PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES between the Kodiak Island Borough and the City of Kodiak BI-ANNUAL INVOICE FOR E-911 EXPENSES Date of Invoice: June / January Year: _________________ Expenses incurred in previous 6 monthsby category a. monthly preventative maintenance charge $_________________ b. monthly equipment maintenance and replacement charge $_________________ c. monthly access line charge $_________________ d. labor, equipment and software expenses including license fees $_________________ Total Expenses $_________________ CERTIFICATION I, (print name and title) _________________________________________________, hereby certify that the expenses list above were actually incurred and paid in the previous six months and are authorized under AS 29.35.131 (i), and that the above information is true and correct to the best of my knowledge. _________________________________________ ____________________________ Signature Date AGENDA ITEM #2.d. AGREEMENT FOR PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES THIS AGREEMENT is made and executed on the date and year hereinafter last specified by and between the City of Kodiak, 710 Mill Bay Road, Kodiak, Alaska (the City) and the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska (the Borough). PURPOSE: This agreement is to set forth the terms and conditions under which the City will be paid by the Borough for the operation and maintenance of the Kodiak road system- Enhanced 911 System (E-911) including any necessary equipment upgrades. WHEREAS: The Borough is authorized to impose an E-911 surcharge pursuant to AS 29.35.131 and Kodiak Island Borough Resolution 95-45. Since January 1, 1996, telephone companies providing local service have collected a monthly surcharge per local exchange access line, and more recently also on wireless telephone accounts with local billing addresses, on the Kodiak road system and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,600 per month as a result of the surcharge. The City has provided E-911 services for the Kodiak Island road system-, since the inception of the system, as part of the City's public safety answering point (City dispatch). WHEREAS: Enhanced 911 System equipment and software is used to provide E-911 services to all citizens with local telephone exchanges. The City is responsible for the operation and maintenance of the system. The City is also responsible for payment of monthly preventative maintenance charges and a monthly equipment maintenance charges, in addition to a monthly access line charge. Other operation and maintenance expenses include labor, equipment and software. ARTICLE I 1.Term of Agreement. This Agreement shall become effective upon execution and shall, except as otherwise provided herein, continue in force for a period of three years. 2.Governing Law. The laws of the State of Alaska shall govern this Agreement and any suit or legal action hereon shall be brought only in the courts of said State, in the Third Judicial District at Kodiak Alaska. 3.Miscellaneous. a.Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. It being understood and agreed that neither the method of computing payment nor any other provision contained herein, nor any act of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of the City as a contractor to the Borough for the provision of E-911 services. b.Non-waiver. The failure of either party to insist in any one or more instances upon the strict performance of any provision or covenant in this Agreement may not be considered as a waiver or relinquishment for the future, but the provision or covenant AGENDA ITEM #2.d. will continue in full force. The waiver by the parties of any provision or covenant in this Agreement cannot be enforced or relied upon unless the waiver is in writing and signed by both parties. c.Severability. If any provision or covenant of this agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. d.Entire Agreement. This Agreement sets forth all the terms, condition, and agreements of the parties and supersedes any previous understandings or agreements regarding the E- 911 System whether oral or written. No modification or amendment of this Agreement is effective unless in writing and signed by both the parties. e.The City of Kodiak is liable for all claims resulting from lawsuits alleging any misuse, lack of support, or any other issue related to E-911 services. f.Notice. Any notice required by this Agreement is not effective unless in writing to the appropriate party at the address set forth in this Agreement or to any other address which the parties subsequently designate in writing. g.Notice of Cancellation Required. Sixty (60) days Notice of Cancellation or Change, Non- Renewal, Reduction and/or Material Change shall be sent to: Borough Manager, 710 Mill Bay Road, Kodiak, AK 99615 and or City Clerk, 710 Mill Bay Road, Room 218, Kodiak, Alaska 99615. ARTICLE II In furtherance of this Agreement, the Borough shall reimburse all the amounts required under this agreement and the City shall operate and maintain the E-911 System. 1.Management and Operation of E-911 System. a.The City will furnish, operate and maintain the Kodiak road system -E-911 System s twenty-four hours a day, seven days a week. b.The City will contract with Alaska Communication Systems (ACS), for E-911 maintenance services, however provider is subject to change. c.The City will review all equipment and software upgrades and replacements to the E-911 system with the Borough prior to implementation.- d.The Borough will collect and account for the monthly surcharge received from local phone companies. e.The Borough will submit a monthly income statement and balance sheet of the fund to the City, including surcharge check copies or remittance advice (EFT) . 2.Amount of Agreement, Method and Computation of Payment a.Upon receipt of an invoice- the Borough will remit to the City the operating costs of- the E-911 System- in an amount up to- the surcharges collected. Payment will be made bi- annually in July and January and will reflect -include the monthly preventative maintenance charge, monthly equipment maintenance and replacement charge, monthly access line charge, and labor, equipment and software expenses including license fees. AGENDA ITEM #2.d. b.The City will provide a written report by June 30th of each year highlighting detailing the income and expenses of the year and anticipated future needs for . c.The Borough City will annually review the E911 surcharge and the related expenses to determine whether the current level of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs (per AS 29.35.131). d.Any remaining surcharge collected by the Borough will remain in a Borough fund to be used for future upgrades and replacement of the system and for Borough expenses directly related to the establishment, maintenance and operation of an E-911 system including but not limited to accounting, mapping, research and public notification, per AS 29.35.131.i. e.The Borough will remit to the City the full amount of upgrade and replacement expenses upon receipt of an invoice from the City documenting all expenses. These payments will be made as funds become available. f.The Borough will pay FY 2003 and FY 2004 expenses related to providing E-911 services. The amount to be paid is attached and labeled Billing Summary, E-911 System. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands this _____ day of _________________, 2018. City of Kodiak Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 ____________________________ _______________________________ Mike Tvenge, City Manager Michael Powers, Borough Manager Attest: Attest: ____________________________ _______________________________ Debra L. Marlar, MMC, City Clerk Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #2.d. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 26, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.d. AGREEMENT FOR PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES THIS AGREEMENT is made and executed on the date and year hereinafter last specified by and between the City of Kodiak, 710 Mill Bay Road, Kodiak, Alaska (the City) and the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska (the Borough). PURPOSE: This agreement is to set forth the terms and conditions under which the City will be paid by the Borough for the operation and maintenance of the Kodiak road system Enhanced 911 System (E-911) including any necessary equipment upgrades. WHEREAS: The Borough is authorized to impose an E-911 surcharge pursuant to AS 29.35.131 and Kodiak Island Borough Resolution 95-45. Since January 1, 1996, telephone companies providing local service have collected a monthly surcharge per local exchange access line, and more recently also on wireless telephone accounts with local billing addresses, on the Kodiak road system and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,600 per month as a result of the surcharge. The City has provided E-911 services for the Kodiak road system, since the inception of the system, as part of the City's public safety answering point (City dispatch). WHEREAS: Enhanced 911 System equipment and software is used to provide E-911 services to all citizens with local telephone exchanges. The City is responsible for the operation and maintenance of the system. The City is also responsible for payment of monthly preventative maintenance charges and a monthly equipment maintenance charges, in addition to a monthly access line charge. Other operation and maintenance expenses include labor, equipment and software. ARTICLE I 1.Term of Agreement. This Agreement shall become effective upon execution and shall, except as otherwise provided herein, continue in force for a period of three years. 2.Governing Law. The laws of the State of Alaska shall govern this Agreement and any suit or legal action hereon shall be brought only in the courts of said State, in the Third Judicial District at Kodiak Alaska. 3.Miscellaneous. a.Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. It being understood and agreed that neither the method of computing payment nor any other provision contained herein, nor any act of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of the City as a contractor to the Borough for the provision of E-911 services. b.Non-waiver. The failure of either party to insist in any one or more instances upon the strict performance of any provision or covenant in this Agreement may not be considered as a waiver or relinquishment for the future, but the provision or covenant will continue in full force. The waiver by the parties of any provision or covenant in this Agreement AGENDA ITEM #2.d. cannot be enforced or relied upon unless the waiver is in writing and signed by both parties. c.Severability. If any provision or covenant of this agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. d.Entire Agreement. This Agreement sets forth all the terms, condition, and agreements of the parties and supersedes any previous understandings or agreements regarding the E- 911 System whether oral or written. No modification or amendment of this Agreement is effective unless in writing and signed by both the parties. e.The City of Kodiak is liable for all claims resulting from lawsuits alleging any misuse, lack of support, or any other issue related to E-911 services. f.Notice. Any notice required by this Agreement is not effective unless in writing to the appropriate party at the address set forth in this Agreement or to any other address which the parties subsequently designate in writing. g.Notice of Cancellation Required. Sixty (60) days Notice of Cancellation or Change, Non- Renewal, Reduction and/or Material Change shall be sent to: Borough Manager, 710 Mill Bay Road, Kodiak, AK 99615 and or City Clerk, 710 Mill Bay Road, Room 218, Kodiak, Alaska 99615. ARTICLE II In furtherance of this Agreement, the Borough shall reimburse all the amounts required under this agreement and the City shall operate and maintain the E-911 System. 1.Management and Operation of E-911 System. a.The City will furnish, operate and maintain the Kodiak road system E-911 System twenty-four hours a day, seven days a week. b.The City will contract with Alaska Communication Systems (ACS), for E-911 maintenance services. c.The City will review all equipment and software upgrades and replacements to the E- 911 system with the Borough prior to implementation. d.The Borough will collect and account for the monthly surcharge received from local phone companies. e.The Borough will submit a monthly income statement and balance sheet of the fund to the City. 2.Amount of Agreement, Method and Computation of Payment a.Upon receipt of an invoice the Borough will remit to the City the operating costs of the E-911 System . Payment will be made bi- annually in July and January and will reflect the monthly preventative maintenance charge, monthly equipment maintenance charge, monthly access line charge, and labor, equipment and software expenses. b.The City will provide a written report by June 30th of each year highlighting the income and expenses of the year and anticipated future needs for the AGENDA ITEM #2.d. Borough’s review. c.The Borough will annually review the E911 surcharge and the related expenses to determine whether the current level of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs (per AS 29.35.131). d.Any remaining surcharge collected by the Borough will remain in a Borough fund to be used for future upgrades and replacement of the system and for Borough expenses directly related to the establishment, maintenance and operation of an E-911 system including but not limited to accounting, mapping, research and public notification, per AS 29.35.131.i. e.The Borough will remit to the City the full amount of upgrade and replacement expenses upon receipt of an invoice from the City documenting all expenses. These payments will be made as funds become available. f.The Borough will pay FY 2003 and FY 2004 expenses related to providing E-911 services. The amount to be paid is attached and labeled Billing Summary, E-911 System. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands this _____ day of _________________, 2018. City of Kodiak Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 ____________________________ _______________________________ Mike Tvenge, City Manager Michael Powers, Borough Manager Attest: Attest: ____________________________ _______________________________ Debra L. Marlar, MMC, City Clerk Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #2.d. AGREEMENT FOR PROVISON OF E-911 OPERATION AND MAINTENANCE SERVICES THIS AGREEMENT is made and executed on the date and year hereinafter last specified by and between the City of Kodiak, 710 Mill Bay Road, Kodiak, Alaska (the City) and the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska (the Borough). PURPOSE: This agreement is to set forth the terms and conditions under which the City will be paid by the Borough for the operation and maintenance of the Kodiak road system Enhanced 911 System (E-911) including any necessary equipment upgrades. WHEREAS: The Borough is authorized to impose an E-911 surcharge pursuant to AS 29.35.131 and Kodiak Island Borough Resolution 95-45. Since January 1, 1996, telephone companies providing local service have collected a monthly surcharge per local exchange access line, and more recently also on wireless telephone accounts with local billing addresses, on the Kodiak road system and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,600 per month as a result of the surcharge. The City has provided E-911 services for the Kodiak road system, since the inception of the system, as part of the City's public safety answering point (City dispatch). WHEREAS: Enhanced 911 System equipment and software is used to provide E-911 services to all citizens with local telephone exchanges. The City is responsible for the operation and maintenance of the system. The City is also responsible for payment of monthly preventative maintenance charges and a monthly equipment maintenance charges, in addition to a monthly access line charge. Other operation and maintenance expenses include labor, equipment and software. ARTICLE I 1.Term of Agreement. This Agreement shall become effective upon execution and shall, except as otherwise provided herein, continue in force for a period of three years. 2.Governing Law. The laws of the State of Alaska shall govern this Agreement and any suit or legal action hereon shall be brought only in the courts of said State, in the Third Judicial District at Kodiak Alaska. 3.Miscellaneous. a.Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. It being understood and agreed that neither the method of computing payment nor any other provision contained herein, nor any act of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of the City as a contractor to the Borough for the provision of E-911 services. b.Non-waiver. The failure of either party to insist in any one or more instances upon the strict performance of any provision or covenant in this Agreement may not be considered as a waiver or relinquishment for the future, but the provision or covenant will continue in full force. The waiver by the parties of any provision or covenant in this Agreement AGENDA ITEM #2.d. cannot be enforced or relied upon unless the waiver is in writing and signed by both parties. c.Severability. If any provision or covenant of this agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. d.Entire Agreement. This Agreement sets forth all the terms, condition, and agreements of the parties and supersedes any previous understandings or agreements regarding the E- 911 System whether oral or written. No modification or amendment of this Agreement is effective unless in writing and signed by both the parties. e.The City of Kodiak is liable for all claims resulting from lawsuits alleging any misuse, lack of support, or any other issue related to E-911 services. f.Notice. Any notice required by this Agreement is not effective unless in writing to the appropriate party at the address set forth in this Agreement or to any other address which the parties subsequently designate in writing. g.Notice of Cancellation Required. Sixty (60) days Notice of Cancellation or Change, Non- Renewal, Reduction and/or Material Change shall be sent to: Borough Manager, 710 Mill Bay Road, Kodiak, AK 99615 and or City Clerk, 710 Mill Bay Road, Room 218, Kodiak, Alaska 99615. ARTICLE II In furtherance of this Agreement, the Borough shall reimburse all the amounts required under this agreement and the City shall operate and maintain the E-911 System. 1.Management and Operation of E-911 System. a.The City will furnish, operate and maintain the Kodiak road system E-911 System twenty-four hours a day, seven days a week. b.The City will contract with Alaska Communication Systems (ACS), for E-911 maintenance services. c.The City will review all equipment and software upgrades and replacements to the E- 911 system with the Borough prior to implementation. d.The Borough will collect and account for the monthly surcharge received from local phone companies. e.The Borough will submit a monthly income statement and balance sheet of the fund to the City. 2.Amount of Agreement, Method and Computation of Payment a.Upon receipt of an invoice the Borough will remit to the City the operating costs of the E-911 System. Payment will be made bi- annually in July and January and will reflect the monthly preventative maintenance charge, monthly equipment maintenance charge, monthly access line charge, and labor, equipment and software expenses. b.The City will provide a written report by June 30th of each year highlighting the income and expenses of the year and anticipated future needs AGENDA ITEM #2.d. review. c.The Borough will annually review the E911 surcharge and the related expenses to determine whether the current level of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs (per AS 29.35.131). d.Any remaining surcharge collected by the Borough will remain in a Borough fund to be used for future upgrades and replacement of the system and for Borough expenses directly related to the establishment, maintenance and operation of an E-911 system including but not limited to accounting, mapping, research and public notification, per AS 29.35.131.i. e.The Borough will remit to the City the full amount of upgrade and replacement expenses upon receipt of an invoice from the City documenting all expenses. These payments will be made as funds become available. f.The Borough will pay FY 2003 and FY 2004 expenses related to providing E-911 services. The amount to be paid is attached and labeled Billing Summary, E-911 System. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands this _____ day of _________________, 2018. City of Kodiak Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 ____________________________ _______________________________ Mike Tvenge, City Manager Michael Powers, Borough Manager Attest: Attest: ____________________________ _______________________________ Debra L. Marlar, MMC, City Clerk Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #2.d. Sec. 29.35.131. 911 surcharge. (a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other qualified vendor. The municipality may impose an enhanced 911 surcharge within the enhanced 911 service area. An enhanced 911 surcharge may not exceed $2 per month for each wireless telephone number and $2 per month for each local exchange access line for wireline telephones. The maximum surcharge amount of $2 provided for in this subsection may be increased above that level if the surcharge amount is approved by the voters of the enhanced 911 service area. The amount of surcharge imposed for each wireless telephone number must equal the amount imposed for each local exchange access line for a wireline telephone. An enhanced 911 service area may be all of a city, all of a unified municipality, or all or part of the area within a borough and may include the extraterritorial jurisdiction of a municipality in accordance with AS 29.35.020. The governing body of a municipality shall review an enhanced 911 surcharge annually to determine whether the current level of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs. When a municipality imposes an enhanced 911 surcharge or the amount of the surcharge is changed, the municipality shall notify in writing the telephone customers subject to the surcharge and provide an explanation of what the surcharge will be used for. (b) A local exchange telephone company providing service in a municipality that has imposed an enhanced 911 surcharge shall bill each month and collect the surcharge from customers in the enhanced 911 service area. A wireless telephone company that provides telephone service to wireless telephone customers with billing addresses within the enhanced 911 service area shall impose an enhanced 911 surcharge each month and collect the surcharge from customers in the enhanced 911 service area. A local exchange telephone customer may not be subject to more than one enhanced 911 surcharge on a local exchange access line for a wireline telephone. A wireless telephone customer may not be subject to more than one enhanced 911 surcharge for each wireless telephone number. A customer that has more than 100 local exchange access lines from a local exchange telephone company in the municipality is liable for the enhanced 911 surcharge only on 100 local exchange access lines. (c) A local exchange telephone company or wireless telephone company shall include the appropriate enhanced 911 surcharge, stated separately and included in the total amount owed, in the bills delivered to its customers. The Regulatory Commission of Alaska may not consider the enhanced 911 surcharge as revenue of the telephone company and has no jurisdiction over an enhanced 911 system. A customer is liable for payment of the enhanced 911 surcharge in the amounts billed by the telephone company until the amounts have been paid to the telephone company. (d) A local exchange telephone company or wireless telephone company that has collected the enhanced 911 surcharge shall remit the amounts collected to the municipality no later than 60 days after the end of the month in which the amount was collected. From each remittance made in a timely manner under this subsection, the telephone company is entitled to deduct and retain the greater of one percent of the collected amount or $150 as the cost of administration for collecting the enhanced 911 surcharge. In addition, a wireless telephone company is entitled to full recovery of the recurring and nonrecurring costs associated with implementation and operation of Phase I E911 service as allowed under Federal Communications Commission proceedings entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems" (CC Docket No. 94-102; RM- 8143). AGENDA ITEM #2.d. (e) A local exchange telephone company or wireless telephone company is not obligated to take legal action to enforce collection of the enhanced 911 surcharge. However, if a telephone company is attempting to collect an unpaid debt from a customer, the telephone company shall also attempt to collect any unpaid enhanced 911 surcharge that the customer owes. If a customer pays a portion of a bill that includes an enhanced 911 surcharge, the amount paid shall be prorated between the telephone company and the enhanced 911 surcharge. The telephone company shall annually provide the municipality with a list of the amounts due for the nonpayment of enhanced 911 surcharges, together with the names and addresses of those customers who carry a balance that can be determined by the telephone company to be for the nonpayment of the enhanced 911 surcharges. The telephone company is not liable for uncollected amounts. (f) The municipality may, at its own expense, require an annual audit of a local exchange telephone company's or wireless telephone company's books and records concerning the collection and remittance of the enhanced 911 surcharge. (g) A village, as defined in AS 09.65.070(e), or a public corporation established by a municipality has the powers granted to a municipality under this section. (h) (i) A municipality may only use the enhanced 911 surcharge revenue for those costs of the enhanced 911 system that are authorized in this subsection. The surcharge revenue may not be used for any capital or operational costs for emergency responses that occur after the call is dispatched to the emergency responder. The surcharge revenue may not be used for constructing buildings, leasing buildings, maintaining buildings, or renovating buildings, except for the modification of an existing building to the extent that is necessary to maintain the security and environmental integrity of the public safety answering point and equipment rooms. The surcharge revenue may be used for the following costs to the extent the costs are directly attributable to the establishment, maintenance, and operation of an enhanced 911 system: (1) the acquisition, implementation, and maintenance of public safety answering point equipment and 911 service features; (2) the acquisition, installation, and maintenance of other equipment, including call answering equipment, call transfer equipment, automatic number identification controllers and displays, automatic location identification controllers and displays, station instruments, 911 telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf, public safety answering point backup power systems, consoles, automatic call distributors, and hardware and software interfaces for computer-aided dispatch systems; (3) the salaries and associated expenses for 911 call takers for that portion of time spent taking and transferring 911 calls; (4) training costs for public safety answering point call takers in the proper methods and techniques used in taking and transferring 911 calls; (5) expenses required to develop and maintain all information necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the 911 call- taking and transferring function, including automatic location identification and automatic number identification databases. (j) If a city in an enhanced 911 service area established by a borough incurs costs described under (i) of this section for the enhanced 911 system, before the borough may use revenue from an enhanced 911 surcharge, the borough and city must execute an agreement addressing the duties and responsibilities of each for the enhanced 911 system and establishing priorities for the use of the surcharge revenue. If the Department of Public Safety also provides services as part of the enhanced 911 system or uses the enhanced 911 system in that enhanced 911 service area, the department must be a party to the AGENDA ITEM #2.d. agreement. (k) For purposes of (i) of this section, "call taker" means a person employed in a primary or secondary answering point whose duties include the initial answering of 911 or enhanced 911 calls and routing the calls to the agency or dispatch center responsible for dispatching appropriate emergency services and a person in a primary or secondary answering point whose duties include receiving a 911 or enhanced 911 call either directly or routed from another answering point and dispatching appropriate emergency services in response to the call; the term "call taker" is synonymous with the term "dispatcher" in that it is inclusive of the functions of both answering the 911 or enhanced 911 calls and dispatching emergency services in response to the calls. Sec. 29.35.133. Immunity for 911 systems. (a) The establishment, funding, use, operation, or maintenance of enhanced 911 systems and all activities associated with those actions are specifically found to be within the ambit of AS 09.50.250(1) and AS 09.65.070(d)(6). Except for intentional acts of misconduct or gross negligence, a service supplier, local exchange telephone company, or wireless telephone company and their employees and agents are also immune from tort liability that might otherwise be incurred in the course of installing, training, maintaining, or providing enhanced 911 systems or transmitting or receiving calls on the system. (b) An individual, telephone company, or employee of a telephone company who operates or maintains an emergency 911 service is not liable for civil damages in a tort action as a result of an act, omission, failure of service, or incorrect information done or given in good faith. (c) In this section, "service supplier" means a person that provides or offers to provide telecommunications equipment or services necessary for the establishment, maintenance, or operation of an enhanced 911 system. Sec. 29.35.134. Multi-line telephone systems. A municipality may by ordinance elect to require an enhanced 911 system from a multi-line telephone system. A multi-line telephone system operator must arrange to update the automatic location identification database with an appropriate master street address guide, valid address, and callback number for each multi-line telephone system telephone, so that the location information specifies the emergency response location of the caller. A multi-line telephone system operator is considered to be in compliance with this section when the multi-line telephone system complies with enhanced 911 generally accepted industry standards as defined by the Regulatory Commission of Alaska. For purposes of this section, (1) "callback number" means a number used by the public safety answering point to re-contact the location from which a 911 call is placed; the number may or may not be the number of the station used to originate the 911 call; (2) "emergency response location" means the location to which a 911 emergency response team may be dispatched that is specific enough to provide a reasonable opportunity for the emergency response team to quickly locate a caller anywhere within it; (3) "master street address guide" means a database of formatted street names, numerical addresses or address ranges, and other parameters defining valid locations and emergency services zones, and their associated emergency services numbers, that enables the proper routing and response to 911 calls; (4) "multi-line telephone system" means a system made up of common control units, telephone sets, and control hardware and software, including network and premises based systems such as Centrex and PBX, Hybrid, and Key Telephone Systems, as classified by the Federal Communications Commission under Part 68 Requirements, and AGENDA ITEM #2.d. including systems owned or leased by governmental agencies or nonprofit entities, as well as for profit entities; (5) "multi-line telephone system operator" means an entity that owns, leases, or rents from a third party, and operates a multi-line telephone system through which a caller may place a 911 call through a public switched network. Sec. 29.35.135. Waiver of privacy by local exchange telephone company subscribers. Local exchange telephone company subscribers waive the privacy afforded by unlisted or unpublished telephone numbers to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location information in response to a call initiated to the system. Sec. 29.35.137. Definitions. In AS 29.35.131 - 29.35.137, (1) "enhanced 911 equipment" means the equipment dedicated to the operation of, or use in, the establishment, operation, or maintenance of an enhanced 911 system, including customer premises equipment, automatic number identification or automatic location identification controllers and display units, printers, cathode ray tubes, recorders, software, and other essential communication equipment required by the system; (2) "enhanced 911 service area" means the area within a municipality's jurisdiction that has been designated to receive enhanced 911 service; the designation of an area to receive an enhanced 911 system under AS 29.35.131(a) does not designate the area as a "service area" for purposes of art. X, sec. 5, Constitution of the State of Alaska; (3) "enhanced 911 system" means a telephone system consisting of network, database, and enhanced 911 equipment that uses the single three digit number, 911, for reporting a police, fire, medical, or other emergency situation, and that enables the users of a public telephone system to reach a public safety answering point to report emergencies by dialing 911; an enhanced 911 system includes the personnel required to acquire, install, operate, and maintain the system and its facilities and to dispatch the calls generated by the system; (4) "local exchange access line" means a telephone line that connects a local exchange service customer to the local exchange telephone company switching office and has the capability of reaching local public safety agencies, but does not include a line used by a carrier to provide interexchange services; (5) "local exchange service" means the transmission of two-way interactive switched voice communications furnished by a local exchange telephone company within a local exchange area, including access to enhanced 911 systems; in this paragraph, "local exchange area" means a geographic area encompassing one or more political subdivisions as described in maps, tariffs, or rate schedules filed with the Regulatory Commission of Alaska, where local exchange rates apply; (6) "local exchange telephone company" means a telephone utility certificated under AS 42.05 to provide local exchange service; (7) "municipality" has the meaning given in AS 29.71.800 and includes a public corporation established by a municipality and a village as that term is defined in AS 09.65.070(e); (8) "public safety answering point" means a 24-hour local jurisdiction communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency; (9) "wireless telephone" means a telephone that is not a wireline telephone and includes cellular and mobile telephones; each AGENDA ITEM #2.d. wireless telephone number is considered to be a separate wireless telephone; (10) "wireless telephone company" means a telephone utility that provides telephone service for wireless telephone customers who receive monthly or periodic bills sent to an address within a designated enhanced 911 service area; (11) "wireline telephone" means a telephone that uses a local exchange access line. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. April 25, 2018 Dear Borough Assembly, As a landowner along the Russian River I urge you to move forward with the project to protect the banks of the Russian River from further erosion. The continued erosion due to the shifting of the River to the east bank of the channel threatens many homes. One homeowner has already had to replace all the carpets, insulation and drywall in the lower level of his house. Land and home values will be affected if the erosion is allowed to continue and tax bases will be lowered. We don't know when flooding conditions will come again but we know they WILL come. Please act in a timely manner to help protect homes and land from further damage. There are very few places to build homes in Kodiak, housing is in critically short supply and we can't afford to lose any homes. Thank you. vU" April 25, 2018 Dear Borough Assembly As a concerned citizen or homeowner along the Russian River I urge you to move forward with the project to protect the banks of the Russian River from further erosion. The continued erosion due to the shifting of the river to the East bank of the channel threatens many homes. One homeowner has already had to replace all of the carpets, insulation and drywall in the lower level of his house. Land and home values will be adversely affected If the erosion is allowed to continue and tax bases will be lowered. We don't know when flooding conditions will come again but we do know they WILL come. Please act in a timely manner to help protect homes and land from further damage. There are very few places to build homes in Kodiak, housing Is In critically short supply and we can't afford to lose any homes. Thank you. 5 /. Z-( -5 S 1 4 t Cr e e k P�c). April 25, 2018 Dear Borough Assembly As a concerned citizen or homeowner along the Russian River I urge you to move forward with the project to protect the banks of the Russian River from further erosion. The continued erosion due to the shifting of the river to the East bank of the channel threatens many homes. One homeowner has already had to replace all of the carpets, Insulation and drywall in the lower level of his house. Land and home values will be adversely affected if the erosion is allowed to continue and tax bases will be lowered. We don't know when flooding conditions will come again but we do know they WILL come. Please act in a timely manner to help protect homes and land from further damage. There are very few places to build homes In Kodiak, housing Is in critically short supply and we can't afford to lose any homes. Thank you. lob 4O2r ����� �l9��►� lid d gag-% 73400 Vi s4 &CI AAC tion April 25, 2018 Dear Borough Assembly As a concerned citizen or homeowner along the Russian River I urge you to move forward with the project to protect the banks of the Russian River from further erosion. The continued erosion due to the shifting of the river to the East bank of the channel threatens many homes. One homeowner has already had to replace all of the carpets, insulation and drywall in the lower level of his house. Land and home values will be adversely affected If the erosion is allowed to continue and tax bases will be lowered. We don't know when flooding conditions will come again but we do know they WILL come. Please act in a timely manner to help protect homes and land from further damage. There are very few places to build homes In Kodiak, housing is In critically short supply and we can't afford to lose any homes. Thank you. /�W, (�-& I 16 Flu S- ktc� U. ` 1 M�3Z 3-7 4.p s kis& , . KODIAK ISLAND BOROUGH Meeting Type: ASS`( Work Sessiovx Date: A pr i( 26� 14 Please PRINT your name leqiblv Please PRINT vour name leaiblv T(��sdYL -Yoe, ki ^1 R. —0 iic,,L�,, h