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.
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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.
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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.
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KODIAK ISLAND BOROUGH
Meeting Type:
ASS`( Work Sessiovx
Date: A pr i( 26� 14
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