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2021-03-18 Regular MeetingPage 5-10 Kodiak Island Borough Assembly Regular Meeting Agenda Bayside Volunteer Fire Department - 4606 East Rezanof Drive Thursday, March 18, 2021, 6:30 p.m., For public participation this meeting will be livestreamed through KIB UstreamTV (https://video.ibm.com/channel/kodiakislandborough) And broadcasted on KMXT at 100.1 FM 1. Invocation 2. Pledge of Allegiance 3. Roll Call 4. Approval of Agenda 5. Approval of Minutes A. None. 6. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 (Limited To Three Minutes Per Speaker) Agenda items not scheduled for public hearing and general comments. 7. Awards and Presentations 8. Committee Reports 9. Public Hearing A. Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership Adding An Ex Officio High School Student Representative. Complete Binder For Ordinance No. FY2021-30 - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us0 Page 1 of 128 10. Borough Manager's Report 11 -12 A. Borough Manager Report March 18, 2021 A 11. Messages from the Borough Mayor 12. Consideration of Calendar - Unfinished Business 13. Consideration of Calendar - New Business 13.A. Contracts 13-56 1. Amendment No. 1 Amending Contract No. FY2019-25 a Residential And Commercial Solid Waste Collection And Recycling Services. Complete Binder - Alaska Waste Letter - Assembly Member Williams Version 2 - Pdf Amended Version 2 Approved - Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling 0Pr\/IrPA FINAL SIGNED Amendment No. 1 Amendina Contract No. 2019-25 13.B. Resolutions 57-60 1. Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. ComDlete Binder For Reconsideration - Pdf 61 -85 2. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. Complete Binder For Resolution No. FY2021-29 - Pdf 86-88 3. Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For The Bayside Volunteer Fire Station And Womens Bay Volunteer Fire Station. ComDlete Binder For Resolution No. FY2021-35 - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 128 14. Citizens' Comments 15. Assembly Member' Comments 16. Executive Session A. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services 17. Adjournment 18. Information materials 124 A. Letter Of Support For The Alutiiq Museum's Proposal A EXXON Valdez Oil Spill Trustee Council 18.A. Minutes of other Meetings 18.B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 11 0 Page 3 of 128 13.C. Ordinances for introduction 89-104 1. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code, Title 4, Service Areas Pertaining To Certain Exemptions For Road Maintenance Services For Properties Along State Roads. Complete Binder For Ordinance No. FY2021-29 - Pdf 13.D. Other items 105-109 1. Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Robert Tucker. Complete Binder For Board Appointment - Pdf 110-115 2. Confirmation Of Mayoral Appointments To The Consolidation Committee City Representatives Complete Binder For Consolidation Committee Appointments - Pdf 116-123 3. Letter Alaska Fishing Community's Letter To The Biden A Administration's Climate Task Force. Edited- Alaska Fishing Community's Letter To The Biden Administration's Climate Task Force. 14. Citizens' Comments 15. Assembly Member' Comments 16. Executive Session A. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services 17. Adjournment 18. Information materials 124 A. Letter Of Support For The Alutiiq Museum's Proposal A EXXON Valdez Oil Spill Trustee Council 18.A. Minutes of other Meetings 18.B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 11 0 Page 3 of 128 125-128 1. February 2021 Projects Report - EF Project Manager, Matt Gandel Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 11 0 Page 4 of 128 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership Adding An Ex Officio High School Student Representative. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to adopt Ordinance No. FY2021-30. DISCUSSION: Introduced and advanced to public hearing at the regular meeting of the assembly on March 4, 2021. The Solid Waste Advisory Board has discussed and respectfully requests consideration to update the Borough Code Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created — Membership to allow the addition of a High School Student Representative to participate as an ex officio member of the board. The board has discussed the inclusion of a High School Student representative that can assist in the enhancement of outreach to KIBSD students and youth in our community. The members realize that student interaction and participation in education may be best performed by peers and provides an opportunity to students to take a hands-on role in disseminating materials and ideas related to the citizen roles in solid waste management, waste reduction and recycling efforts. Board member Terri Pruitt has contacted Lindsey Glenn, Student Council Advisor to discuss this inclusion and the response was very positive. At the February 3, 2021 meeting the board was introduced to Miss Bralyn Nixon and Lindsey Glenn who participated in the discussion regarding the request for the creation of this new ex officio position. The present goal is to have students develop educational materials not limited to videos, info graphics, artwork with the goal of having a Kodiak centric flair created by students, for students. This cooperative effort will result in a pathway to stimulate youth to consider not only local issues associated with the environment but realize that local efforts effect the entire planet. The term length shall be one year beginning in April of each year to allow for the organization of the student council and the forwarding of the candidate each year. ALTERNATIVES: FISCAL IMPACT: None Kodiak Island Borough Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 5 of 128 OTHER INFORMATION: KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 ASSEMBLY REGULAR MEETING AGENDA ITEM #9.A. Borough Code Title 2, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership There is created a solid waste advisory board that shall consist of seven borough residents, inclusive of the city of Kodiak, who represent a cross-section of the social and economic structure of the community. Preferably, two out of the seven seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the solid waste advisory board unless they are employed by the engineering and facilities department. There will be four nonvoting ex officio members, one of which shall be an assembly member appointed by the mayor; one shall be a KIB staff member appointed by the manager; one shall be representative from the United States Coast Guard appointed by the ISC commanding officer; and one city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. Kodiak Island Borough Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 6 of 128 AGENDA ITEM #9.A. KODIAKISLAND B OR O UGH Engineering & Facilities Department MEMORANDUM DATE: 2/5/2021 TO: Mayor William Roberts, Kodiak Island Borough Assembly, Manager Powers FROM: David Conrad, E/F Director RE: Code Update: KIB Chapter 2.145 Solid Waste Advisory Board — 2.145.010 Created - Membership The Solid Waste Advisory Board has discussed and respectfully requests consideration to update the Borough Code Chapter 2.145 Solid Waste Advisory Board — 2.145.010 Created — Membership to allow the addition of a High School Student Representative to participate as an ex officio member of the board. The board has discussed the inclusion of a High School Student representative that can assist in the enhancement of outreach to KIBSD students and youth in our community. The members realize that student interaction and participation in education may be best performed by peers and provides an opportunity to students to take a hands-on role in disseminating materials and ideas related to the citizen roles in solid waste management, waste reduction and recycling efforts. Board member Terri Pruitt has contacted Lindsey Glenn, Student Council Advisor to discuss this inclusion and the response was very positive. At the February 3, 2021 meeting the board was introduced to Miss Bralyn Nixon and Lindsey Glenn who participated in the discussion regarding the request for the creation of this new ex officio position. The present goal is to have students develop educational materials not limited to videos, info graphics, artwork with the goal of having a Kodiak centric flair created by students, for students. This cooperative effort will result in a pathway to stimulate youth to consider not only local issues associated with the environment but realize that local efforts effect the entire planet. The term length shall be one year beginning in April of each year to allow for the organization of the student council and the forwarding of the candidate each year. The board and the students are excited for this opportunity to get younger individuals involved in the SWAB effort. We look forward to the injection of youthful ideas and concepts. If there are questions or you require additional information, please contact me at your convenience. Page 1 of 1 Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 7 of 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #9.A. Introduced by: E/F Department thru the Mayor Drafted by: E/F Director Introduced on: 03/04/2021 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-30 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.145 SOLID WASTE ADVISORY BOARD, SECTION 2.145.010 CREATED - MEMBERSHIP ADDING AN EX OFFICIO HIGH SCHOOL STUDENT REPRESENTATIVE. WHEREAS, Current code currently allows for four nonvoting ex officio members; and WHEREAS, the Solid Waste Advisory Board has respectfully requested an ex officio High School Student Representative be added; and WHEREAS, the student shall be nominated by the Kodiak High School Student Council; and WHEREAS, the term length shall be one year beginning on April 301h of each year. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Title 2 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 2.145.010 Created - Membership There is created a solid waste advisory board that shall consist of seven borough residents, inclusive of the city of Kodiak, who represent a cross-section of the social and economic structure of the community. Preferably, two out of the seven seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the solid waste advisory board unless they are employed by the engineering and facilities department. There will be feu; five nonvoting ex officio members, one of which shall be an assembly member appointed by the mayor; one shall be a KIB staff member appointed by the manager; one shall be a representative from the United States Coast Guard Kodiak Island Borough, Alaska Deletmen Red, tr'keeut Insertion — Bold Ordinance No. FY2021-30 Page 1 of 2 Version 1 Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 8 of 128 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 AGENDA ITEM #9.A. appointed by the I&C Base commanding officer; and one City of Kodiak staff member appointed by the City manager.; and one high school student nominated by the Kodiak High School Student Council, appointed by the Mayor with a one year term beginning April 30t". The student member shall be exempt from the qualifications of KIBC 2.100.040, A. Each ex officio member may participate in all discussions. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Beletmen Red, tr'keeat Insertion — Bold ATTEST: Alise L Rice, Borough Clerk Ordinance No. FY2021-30 Page 2 of 2 Version 1 Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 9 of 128 AGENDA ITEM #9.A. Kodiak Island Borough Code Page 1/1 Title 2 Administration and Personnel 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. [Ord. 02-09 §3, 2002; Ord. 02-05 §2, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-0 §3, 1987. Formerly §2.39.030]. 2.100.040 Qualifications. In addition to any other qualifications required by this code, a member: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. [Ord. 98-02 §8, 1998; Ord. 87-29-0 §3, 1987. Formerly §2.39.040]. 2.145.010 Created — Membership. There is created a solid waste advisory board that shall consist of seven borough residents, inclusive of the city of Kodiak, who represent a cross-section of the social and economic structure of the community. Preferably, two out of the seven seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the solid waste advisory board unless they are employed by the engineering and facilities department. There will be four nonvoting ex officio members, one of which shall be an assembly member appointed by the mayor; one shall be a KIB staff member appointed by the manager; one shall be representative from the United States Coast Guard appointed by the ISC commanding officer; and one city of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. [Ord. FY2012-04 §3, 2011; Ord. FY2007-15A §2, 2007; Ord. FY2007-15 §2, 2007. Formerly §2.53.010]. The Kodiak Island Borough Code is current through Ordinance 2021-26, passed January 21, 2021. Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinance... Page 10 of 128 eaft Monday, March 22, 2021 Leaislative Session: AGENDA ITEM #10.A. Kodiak Island Borough Office of the Borough Manager Phone (907) 486-9310 Fax (907) 486-9391 Borough Manager, Michael Power, Manager's Report. • Stimulus 3- has been signed into law, lawsuits have been threatened. • The Borough is eligible for $2.5M to be spent to replace revenue (tax) losses due to Covid19, water, sewer, and broadband. • I will be bringing forth a primer on the laws and regulations that are to be stated. COVID-19: • Shots -Clinics continue on the island, anyone over the age of 16 is eligible. • Department of Health and Social Services Grant. - These are grant requests for testing, shots, and outreach to the underserved utilizing Kodiak Kodiak Area Native Association and Kodiak Community Health Center to provide these activities through 2021. • These proposals have been sharded with the City in order to coordinate if they so desired. • Summer Travel -Airlines announcing pre -pandemic number of flights to Alaska this summer. State is supporting testing and vaccinations. Agenda: • Worked with Borough Clerk and Mayor for streamlined procedures for agenda items. Budget: • Reviewed budgets and updates from staff. Page 11 of 128 AGENDA ITEM #10.A. • Reviewed State budget proposals, changes in State revenues and related items. Personnel: • Addressed a few personnel matters. Facilities: • Touch tank cleaning and rehabilitation nearly completed. • Discussion on various borough projects including schools, fish crossings, and Chiniak properties. Upcoming: • I will be out of the office on Friday March 19. Dave Conrad will be in charge and I am available by cell. Page 12 of 128 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 ASSEMBLY REGULAR MEETING AGENDA ITEM #13.A.1. SUBJECT: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services. ORIGINATOR: Alise Rice RECOMMENDATION: The Mayor may place an item on the table for discussion with no motion. Should the assembly decide to make a motion it would be in order to state the motion, discuss, and vote. DISCUSSION: At the March 11, 2021 Work Session the Clerk was instructed to add Amendment No. 1 Amending Contract No. FY2019-25 to the March 18, 2021 Regular Meeting Agenda for discussion. Items added to the Regular Meeting during packet review are published for public review the following Wednesday. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 13 of 128 AGENDA ITEM #13.A.1. March 11, 2021 Via email to mpowers @kodiakak.us Via First Class Mail to: Michael Powers Borough Manager Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 Tel: (907) 486-9301 Re: Alaska Waste — KIB Solid Waste Contract Amendment Dear Mr. Powers: I am in receipt of your letter dated March 5, 2021 stating: At the Assembly meeting of March 4, 2021, the Assembly voted to direct staff to inform you that the existing first amendment needs to be executed by March 15, 2 02 1. After it is signed by Alaska Waste, any additional changes will be considered in a subsequent amendment. It is unfortunate that the KIB Assembly has decided to unilaterally impose the terms of a Contract Amendment and reject Alaska Waste's proposed changes, particularly as our changes were designed to clarify ambiguous provisions of the contract and ensure that the contract is consistent with waste collection practices and the intentions of the parties. Because KIB has unilaterally dictated the terms of this contract amendment any ambiguities will be construed in favor of Alaska Waste and against KIB. In order to sign this Amendment, Alaska Waste requires that you, as the authorized representative of the KIB with binding contractual authority, acknowledge by signing below that the parties' understanding of how future annual rate adjustments will be calculated is consistent with how rate adjustments were calculated in 2020, as set forth in the Exhibit A. Exhibit A is a table prepared and used by KIB Staff to adjust Alaska Waste's rates based upon actual data. It is consistent with the language in the second paragraph below the "Example Only" table at Section 12 of the KIB Amendment, which states "The number of commercial `customers' refers to the number of containers in service." (While "container" is not defined in the Contract, its common usage is as a synonym for "dumpster.") Page 1 of 2 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 14 of 128 AGENDA ITEM #13.A.1. The headings on the table contained in Exhibit A have been changed to accurately reflect the information contained in the table, the Contract, and the KIB Amendment, as follows:' "Commercial Tonnage Rate Adjustment" has been revised to "Dumpster Tonnage Rate Adjustment;" and "Residential Tonnage Rate Adjustment" has been revised to "Cart & Self -Haul Tonnage Rate Adjustment." With respect to the statement in your letter that "After it is signed by Alaska Waste, any additional changes will be considered in a subsequent amendment," please advise as to what subsequent amendments KIB will consider. Respectfully, Kurt Froening Division Vice president Alaska Waste I hereby acknowledge that, with respect to future rate adjustments, the contract interpretation set forth in this letter and in the 2020 rate adjustment in Exhibit A reflects how KIB will calculate the rate adjustment for 2021 and the remaining contract years. By: Michael Powers Borough Manager Kodiak Island Borough Attachment: Exhibit A cc: Scott A. Brandt -Erichsen, Esq. Keene & Currall ' At approximately 2:06:40 into the March 4, 2021 KIB Assembly Meeting, Assembly Member Kavanaugh stated that Alaska Waste would "charge a commercial rate and there would be an expectation that those would be commercial customers." Alaska Waste does not know what Ms. Kavanaugh meant by "those would be commercial customers." To the extent Ms. Kavanaugh intended to express a personal understanding that differs from the understanding set forth above and in Exhibit A, Alaska Waste specifically rejects any alternate interpretation of the Contract or Amendment. Page 2 of 2 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 15 of 128 D m 3 CD D Z 0 > Dumpster Tonnage Rate Adjustment CD Row 2019 2020 Q 1 Base Tonnage Rate ($/ton when proposal submitted) $ 355.00 2 Tonnage rate in next contract year (July 1 -June 30) $ 365.00 cQ n 3 Percent increase (decrease from contract start) 2.82% 0 4 Prior year tons, actual (Jan 1 - Dec 31) 3,815.94 3,767.09 5 Customer actuals as of April 1 274.00 276.00 v 6 Ratio, tons / customer 13.9268 13.6489 z 7 Percent increase (decrease from contract start) -2.00% o Disposal Cost Component Adjustment effective July 1 -n 8 (1+Row 3) x (1+Row 7) -1, rounded to hundredths 0.77% N 9 Disposal cost component (3.6 YD Weekly Svc) $ 332.02 $ 334.58 CD Year over Year % change 0.77% c}i Cart and Self Haul Tonnage Rate Adjustment Row 2019 2020 CD 1 Base Tonnage Rate ($/ton when proposal submitted) $ 355.00 0- 2 Tonnage rate in next contract year (July 1 -June 30) $ 365.00 CD 3 Percent increase (decrease from contract start) 2.82% 4 Prior year tons, actual (Jan 1 - Dec 31) 3,953.74 3,783.24 y 5 Customer actuals as of April 1 2,973.00 2,976.00 D 0_ 6 Ratio, tons / customer 1.330 1.271 C) 7 Percent increase (decrease from contract start) -4.41% 0 3 Disposal Cost Component Adjustment effective July 1 8 (1+Row 3) x (1+Row 7) -1, rounded to hundredths -1.72% CD 9 Disposal cost component $ 37.43 $ 36.79 Year over Year % change -1.72% v CD 0 �1 N Co AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 FIRST AMENDMENT VERSION II TO CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE MAY 2019 AMENDED MARCH 2021 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 17 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 This Second Amendment to Contract No. FY2019-25 ("Amendment") is made and entered into effective as of the 18th day of March, 2021 ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF ALASKA, INC. ("Contractor"), and KODIAK ISLAND BOROUGH (the "Borough"). Contractor and the Borough are each individually referred to herein as a "Ta�" and collectively as the "Parties". Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement (as defined below). BACKGROUND A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement") dated July 19, 2019; and B. WHEREAS, the Parties have discovered and agree that the original contract contained an error in the listing of the commercial dumpster rates due to failure to properly transfer the rates proposed in the Contractor's proposal into the contract document; and C. WHEREAS, section 11.03 permits CPI adjustments to Collection and Administrative Cost Component, and PPI adjustments to the Fuel Cost Component beginning July 1, 2020 for each successive year of the contract; and D. WHEREAS, section 11.03 permits and a Disposal Cost Component adjustment July 1, 2020 and each July 1 thereafter based upon the changes in the tonnage rate charged the Contractor and the change in customer's served since an April 15, 2018 reference date but the Request for Proposals used rates as of October 2018 as a reference point for rate proposals; and E. WHEREAS, section 6.03 contains two sections labelled as subsection b and is ambiguous as to the authority and criteria for changes in container size; and F. WHEREAS, the parties desire to revise the method for determining and charging the per occurrence charges for Residential Roll -Off or Dumpster Clean-up Costs; and G. WHEREAS, the Parties now desire to amend the Agreement to correct the error in the listing of the commercial dumpster rates as they appeared in the original agreement; to correct the reference date for calculation of adjustments for changes in disposal rates; to reduce the ambiguity as to the intended operation of subsection 6.03(b), and to incorporate those adjustments due under section 11.03 of the contract effective as of July 1, 2020. AGREEMENT NOW, THEREFORE, in consideration of the premises and obligations as set forth in this Amendment, the receipt and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows: 1. Amendment to Section 6.01(b) of the Agreement. The subsection entitled "Mandatory Service" on page 11 of the agreement is amended to clarify how the standard container charge for self -hauling customers is determined, and restated to read as follows: "(b)" If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with the weekly roll cart fee, based upon 95 gallons or less of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 2. Amendment to Section 6.03(b) of the Agreement. The subsection entitled "Dumpster Options" on page 13 of the agreement is amended to clarify how the appropriate container is determined, and restated to read as follows: b. Dumpster Options. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 18 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 (1) Standard Option. Contractor will provide each Commercial Premise and Multi -Family Premise (as defined in section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule in Section 11.01, subject to the following exceptions: (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception receive a bear -resistant Dumpster. (ii) A Commercial Customer may direct Contractor to provide a Dumpster of alternate capacity, or one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee Schedule. (iii) A Commercial Customer which requires one or two 95 -gallon roll carts per week to properly store and dispose of their refuse may request and receive a reduction to single or double roll carts charged at the roll cart rate. A Commercial Customer which requires more than two 95 -gallon roll carts weekly to securely store and dispose of their refuse will receive service under the standard option, subject to modification only under (ii), (iv), (v) and (vi) of this section. (iv) A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on alternate or additional days as agreed to between the Contractor and Customer, and subject to the Contractor Service Fee Schedule. (v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion, determine that there is insufficient room at a premise to place or safely collect one or more dumpsters for each customer using the corresponding set- out site, the Contractor will either: A. Provide one or more carts of the capacity and number that each Customer requires to safely and adequately store its discarded Refuse pending Collection; or. B. Allow one or more Customers to share a Dumpster. (vi) Should the Contractor determine that the routine waste volume of a Commercial Premises or Multi Family Premise requires a larger capacity container, the Contractor may provide container(s) of sufficient size and notify the customer and the Borough of the change in container(s). (vii) If there is a dispute as to the size container required or whether a customer's waste stream requires more than the customer requested container(s) the Borough Manger or designee will review the circumstances and make a final administrative determination. 3. Amendment to Section 6.03(b -d,) of the Agreement. The subsection entitled "b. Compactors" on page 13 of the agreement is incorrectly labelled as a second subsection 6.03(b). This section is re -labelled as subsection 6.03(c), and the subsections labelled (c) and (d) on page 14 of the agreement are re -labelled to be (d) and (e). 4. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee for Cart Service" on page 29 of the Agreement which originally read: Contractor Service Fee For Cart Service Monthly Service Fee (Serviced Once per Container Week) Senior Discount Residential 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 19 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 Each Additional Residential 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Service Fee For Cart Service Monthly Service Fee (Serviced Once per Container Week) Senior Discount Residential 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Each Additional Residential 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 47.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge 5. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee Surcharges for Services SHALL NOT EXCEED" on page 30 of the Agreement is hereby amended to amend the item "Residential Roll - Off or Dumpster Clean -Up Costs", to refer only to "Dumpster clean-up costs", and a new provision for fees for Residential Roll -Off Clean -Up Costs is added to read as follows: "Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4.93 to each residential customer and commercial customer utilizing a roll cart, which will appear on their April 2021 invoice, and on the January invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost of the twelve-month period from November lst- October 31St preceding the January 1 charge. Actual cost will be determined based upon the costs of picking up any litter and trash around residential roll off containers, not including bulky items which are too large to fit in a trash bag or any hazardous materials, for a distance of 20 feet, to be charged in 1 -minute increments of time, for a fee of $1.00. At the end of each month, Alaska Waste will provide KIB with copies of route sheets to document actual time spent, along with a summary of those sheets." 6. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Dumpsters" on page 30 of the Agreement is hereby corrected to reflect the rates in the proposal effective as of the July 2019 signing of the contract as follows: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 20 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Dumpster Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpeters Scheduled Tips Per Week Number of Dumpstern Scheduled Tips Per Week disposal fee, plus Size $214.69 per haul, plus 1 Size 2 1 3 2 5 3 Extra Pickup 4 $ 5 $ 6 Extra Pickup 2 yard $ 312.15 $ 624.28 $ 936.44 $ 1248.59 $ 1560.74 $ 1872.88 $ 82.90 2.6 yard $ 416.95 $ 833.89 $ 1250.84 $ 1667.78 $ 2084.73 $ 2501.67 $ 110.74 3 yard $ 486.81 $ 973.62 $ 1460.43 $ 1947.25 $ 2434.06 $ 2920.87 $ 129.29 3.6 yard $ 575.91 $ 1151.83 $ 1727.74 $ 2303.65 $ 2879.57 $ 3455.48 $ 152.96 4 yard $ 635.31 $ 1270.63 $ 1905.94 $ 2541.26 $ 3176.57 $ 3881.89 $ 168.73 5 yard $ 744.87 $ 1599.29 $ 2234.60 $ 2979.47 $ 3724.34 $ 4469.20 $ 197.83 5.5 yard $ 799.64 $ 1199.46 $ 2398.98 $ 3198.58 $ 3998.22 $ 4797.86 $ 212.38 6 yard $ 854.42 $ 1708.84 $ 2563.26 $ 3417.68 $ 4272.10 $ 5126.52 $ 226.92 8 yard $ 1,088.73 $ 2177.45 $ 3266.18 $ 4354.90 $ 5443.63 $ 6532.36 $ 289.15 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 7. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpeters Scheduled Tips Per Week disposal fee, plus disposal fee, plus Size $214.69 per haul, plus 1 $21.25 disconnect fee 2 disposal fee 3 4 5 6 Extra Pickup 2 yard $ 313.42 $ 626.85 $ 940.27 $ 1,253.70 $ 1,567.12 $ 1,880.53 $ 83.24 2.6 yard $ 418.65 $ 837.30 $ 1,255.96 $ 1,674.61 $ 2,093.26 $ 2,511.89 $ 111.19 3 yard $ 488.80 $ 977.59 $ 1,466.39 $ 1,955.19 $ 2,443.99 $ 2,932.79 $ 129.82 3.6 yard $ 578.26 $ 1,156.52 $ 1,734.78 $ 2,313.04 $ 2,891.30 $ 3,469.58 $ 153.58 4 yard $ 637.91 $ 1,275.81 $ 1,913.71 $ 2,551.61 $ 3,189.52 $ 3,827.45 $ 169.42 5 yard $ 747.91 $ 1,495.82 $ 2,243.73 $ 2,991.64 $ 3,739.55 $ 4,487.45 $ 198.64 5.5 yard $ 802.91 $ 1,605.81 $ 2,408.71 $ 3,211.62 $ 4,014.52 $ 4,817.45 $ 213.24 6 yard $ 857.91 $ 1,715.82 $ 2,573.72 $ 3,431.63 $ 4,289.54 $ 5,147.45 $ 227.85 8 yard $ 1,093.17 $ 2,186.35 $ 3,279.52 $ 4,372.70 $ 5,465.87 $ 6,559.02 $ 290.33 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters 7. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $161.44 per haul, plus $214.69 per haul plus disposal fee, plus disposal fee, plus $161.44 per haul, plus $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if applicable) if applicable) Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 21 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Roll -Off Service cubic yEards 20 cubic yards 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $160.63 per haul, plus $213.61 per haul plus disposal fee, plus disposal fee, plus $160.63 per haul, plus $213.61 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if applicable) if applicable) 8. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Cardboard Recycling Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service �10 cubic yEards 20 cubic yards 30 cubic yards 40 cubic yards $161.44 per haul $161.44 per haul $214.69 per haul $214.69 per haul is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $160.63 per haul $160.63 per haul $213.61 per haul $213.61 per haul 9. Amendment to section 11.03(b) Annual Adjustment. Section 11.03(b) "Annual Adjustment" on page 32-33 is amended to make provision for the disposal rate adjustment based upon any actual changes in rates adopted by the Assembly in conjunction with the budget process. As revised this section will read as follows (added language underlined): b. Annual Adjustment. On July 1, 2020, and each following July 1, the Contractor Service Fee will be adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year (or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor Service Fee. Between April 1 and April 30 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB (see, for example, subsection h). The calculation of the disposal component shall be made based upon the estimated change in the disposal cost proposed as provided by the Borough Manager or designee. Contractor's statement is for convenience of KIB but is not binding on KIB. KIB may make corrections or adjustments to that statement. After final Assemblv approval of anv chance in disposal rates the disposal component adjustment shall be modified accordingly. The method used to calculate the annual service fee adjustment is set forth in the following subsection c. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 22 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 10. Amendment to Section 11.03(c)(4) of the Agreement. Titled "Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer" on page 33 of the Agreement is hereby amended and restated in its entirety to read as follows: (4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued in October 2018), and for the change, if any, in the ratio between tons disposed and the number of customers served (compared to the ratio as calculated in October 2018). 11. Section 11.03(h)(3) showing the table for the example of adjustment of the disposal cost is corrected and replaced with the following: EXAMPLE ONLY Row 2018 2019 2020 2021 Tonnage Rate Adjustment I Base Tonnage Rate ($/ton when proposal submitted 2 Tonnage Rate in next contract year $398 $398 $398 Jul 1 - June 30 3 Percent increase (decrease) from 9.94% 9.94% 9.94% contract start Disposal Ton -per -Customer Adjustment 4 Prior year tons, actual (January 1 - 8 588.19 8,766.58 8,843.25 8,972.45 December 31 5 Customer actuals (as of April 1) 3,115 3,150 3,245 3,240 6 Ratio, tons / customer 2.783 2.725 2.769 7 Percent increase (decrease) from 0.94% -1.16% 0.44% contract start Disposal Cost Component Adjustment, effective July 1 8 (1 + Row 3) x (1 + Row 7) - 1, 10.98% 8.67% 10.43% rounded to hundredths 9 Disposal Cost Component $14.83 $16.46 $17.89 $19.75 Note: Green cells are the contract start, which is used as the basis for calculations in all future years. Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale house records. 1. tons and customers refer to residential accounts + commercial dumpsters. The number of residential customers refers to roll cart customers and self -haul customers. The number of commercial customers refers to the number of dumpsters in service. It excludes commercial roll offs where customers are billed for the actual cost of disposal. All numbers shown are examples (not actuals) and are shown for illustrative purposes. In this example, the disposal component of rates in initial proposal would be adjusted by 10.98% to take effect on the contract start date. The initial proposal rates would be adjusted by 8.67% and would take effect on July 1, 2020, and 10.43% on July 1, 2021. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 23 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 12. Amendment to Section 23, Definitions, of the Agreement. Section 23: Definitions, is amended to include the following: "Cart" means a wheeled receptacle that can be emptied by either semi- or fully -automated vehicles which is used by a residential customer, including a cart used by a residential customer in a dwelling unit in a multi -family premises which is not served by dumpster service. "Self -Haul" a Customer who notifies the Contractor in writing that they intend to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises. These customers will be charged by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190 gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 13. Correction of Monthly Rental Charges for Containers and Lock Bars. Contractor agrees to discontinue charging monthly rental for containers and lock bars. Contractor further agrees to apply credits to accounts that were charged monthly rental for containers and locks bars between July 1, 2020 and the Amendment Effective Date. 14. Correction of Clerical Error in Cost Component Table. The Parties hereby agree that the initial Cost Component Tables from which adjustments under section 11.03 are calculated should read as follows: Cost Components of Residential Monthly Rate Collection and Administrative $9.94 Fuel $1.50 Fixed $0.93 Profit $37.43 -Disposal Profit $.15 Total $49.95 Cost Components of 3.6 cy, lx/weekly, Monthly Rate Collection and Administrative $146.85 Fuel $15.11 Fixed $6.81 Profit $332.02 -Disposal Profit $75.12 Total $575.91 Cost Components of 20 yd, noncompacted Rolloff pull rate - tip fee (disposal cost) excluded as pass through charge Collection and Administrative $94.89 Fuel $17.11 Fixed $26.96 Profit $22.48 Total $161.44 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 24 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) 3.15.2021 Draft Provided By Assembly Member Williams - 03-16-2021 15. Refunds. To the extent this amendment results in a refund to any customer the contractor shall either credit the customer's account or refund any overpayment. 16. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 17. Ratification. The parties acknowledge that this amendment addresses any errors which either party has identified in the Agreement. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. 18. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 19. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Signature Page Follows] Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 25 of 128 AGENDA ITEM #13.A.1. (Marked amendmendments are not shown) Provided By Assembly Member Williams - 03-16-2021 IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above. Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: Name: Title: Date: ATTEST By: Name: Title: Date: The Borough: KODIAK ISLAND BOROUGH By: Name: Title: Date: ATTEST: By: Name: Title: Date: APPROVED AS TO FORM By: Name: Title: Date: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 26 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments FIRST AMENDMENT VERSION II TO CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE MAY 2019 AMENDED MARCH 2021 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 27 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments This Second Amendment to Contract No. FY2019-25 ("Amendment") is made and entered into effective as of the 18th day of March, 2021 ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF ALASKA, INC. ("Contractor"), and KODIAK ISLAND BOROUGH (the "Borough"). Contractor and the Borough are each individually referred to herein as a "Ta�" and collectively as the "Parties". Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement (as defined below). BACKGROUND A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement") dated July 19, 2019; and B. WHEREAS, the Parties have discovered and agree that the original contract contained an error in the listing of the commercial dumpster rates due to failure to properly transfer the rates proposed in the Contractor's proposal into the contract document; and C. WHEREAS, section 11.03 permits CPI adjustments to Collection and Administrative Cost Component, and PPI adjustments to the Fuel Cost Component beginning July 1, 2020 for each successive year of the contract; and D. WHEREAS, section 11.03 permits and a Disposal Cost Component adjustment July 1, 2020 and each July 1 thereafter based upon the changes in the tonnage rate charged the Contractor and the change in customer's served since an April 15, 2018 reference date but the Request for Proposals used rates as of October 2018 as a reference point for rate proposals; and E. WHEREAS, section 6.03 contains two sections labelled as subsection b and is ambiguous as to the authority and criteria for changes in container size; and F. WHEREAS, the parties desire to revise the method for determining and charging the per occurrence charges for Residential Roll -Off or Dumpster Clean-up Costs; and 9. WHEREAS, the parties desire to elarify the eireumstanees for- eemmer-eial use of r -ell earts and pr-eser-ibe H. WHEREAS, the Parties now desire to amend the Agreement to correct the error in the listing of the commercial dumpster rates as they appeared in the original agreement; to correct the reference date for calculation of adjustments for changes in disposal rates; to reduce the ambiguity as to the intended operation of subsection 6.03(b), and to incorporate those adjustments due under section 11.03 of the contract effective as of July 1, 2020. AGREEMENT NOW, THEREFORE, in consideration of the premises and obligations as set forth in this Amendment, the receipt and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows: 1. Amendment to Section 6.01(b) of the Agreement. The subsection entitled "Mandatory Service" on page 11 of the agreement is amended to clarify how the standard container charge for self -hauling customers is determined, and restated to read as follows: "b. If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with either the weekly Residential Roll Cart fee for- R, sidentia Premises, based upon 95 gallons or less of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 2. Amendment to Section 6.03(b) of the Agreement. The subsection entitled "Dumpster Options" on page 13 of the agreement is amended to clarify how the appropriate container is determined, and restated to read as follows: b. Dumpster Options. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 28 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments (1) Standard Option. Contractor will provide each Commercial Premise and Multi -Family Premise (as defined in section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule in Section 11.01, subject to the following exceptions: (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception receive a bear -resistant Dumpster. (ii) A Commercial Customer may direct Contractor to provide a Dumpster of alternate capacity, or one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee Schedule. (iii) A Commercial Customer which requires one or two 95 -gallon Droll carts or less per week to properly store and dispose of their refuse may request and receive a reduction to a single eommer-eial or double roll carts charged at the mal roll cart rate. ^ Genuner-eial Custo ffle may request a seeend eommer-eial roll eai4 a+ the rate of 0 of the rate for a 2 yard dtflupste the seeond ,.,.....V.. er-eial roll ,.,.... A Commercial Customer which requires more than two 95 - gallon roll carts weekly to securely store and dispose of their refuse will receive service under the standard option, subject to modification only under (ii), (iv), (v) and (vi) of this section. (iv) A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on alternate or additional days as agreed to between the Contractor and Customer, and subject to the Contractor Service Fee Schedule. (v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion, determine that there is insufficient room at a premise to place or safely collect one or more dumpsters for each customer using the corresponding set- out site, the Contractor will either: A. Provide one or more carts of the capacity and number that each Customer requires to safely and adequately store its discarded Refuse pending Collection; or. B. Allow one or more Customers to share a Dumpster. (vi) Should the Contractor determine that the routine waste volume of a Commercial Premises or Multi Family Premise requires a larger capacity container, the Contractor may provide container(s) of sufficient size and notify the customer and the Borough of the change in container(s). (vii) If there is a dispute as to the size container required or whether a customer's waste stream requires more than the customer requested container(s) the Borough Manger or designee will review the circumstances and make a final administrative determination. 3. Amendment to Section 6.03(b -d) of the Agreement. The subsection entitled "b. Compactors" on page 13 of the agreement is incorrectly labelled as a second subsection 6.03(b). This section is re -labelled as subsection 6.03(c), and the subsections labelled (c) and (d) on page 14 of the agreement are re -labelled to be (d) and (e). 4. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee for Cart Service" on page 29 of the Agreement which originally read: Contractor Service Fee For Cart Service Monthly Service Fee (Serviced Once per Container Week) Senior Discount Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 29 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments Residential 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Each Additional Residential 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Service Fee For Cart Service Container Monthly Service Fee (Serviced Once per Week) Senior Discount Residential 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Each Additional Residential 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge !`....,... a -eial Roll Ca -t %K25 Nene Seeen.1 G........v.-eia �.-f 750% of 2 ya -.1 aneeweeklyrateNone Gat 5. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee Surcharges for Services SHALL NOT EXCEED" on page 30 of the Agreement is hereby amended to amend the item "Residential Roll - Off or Dumpster Clean -Up Costs", to refer only to "Dumpster clean-up costs", and a new provision for fees for Residential Roll -Off Clean -Up Costs is added to read as follows: "Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4;8-3 $4.93 to each residential customer and each self -haul mal customer, which will appear on their januApril 2021 invoice, and on the January invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost of the twelve-month period from November 1St- October 31St preceding the January 1 charge. Actual cost will be determined based upon the costs of picking up any litter and trash around residential roll off containers, not including bulky items which are too large to fit in a trash bag or any hazardous materials, fora distance of 20 feet, to be charged in 5 minute 1 -minute increments of time, for a fee of $ ,00 $1.00. At the end of each month, Alaska Waste will provide KIB with copies of route sheets to document actual time spent, along with a summary of those sheets." 7. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Dumpsters" on page 30 of the Agreement is hereby corrected to reflect the rates in the proposal effective as of the July 2019 signing of the contract as follows: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 30 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Dumpster Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpstern Scheduled Tips Per Week Number of Dumpstern Scheduled Tips Per Week disposal fee, plus Size $214.69 per haul, plus 1 Size 2 1 3 2 5 3 Extra Pickup 4 $ 5 $ 6 Extra Pickup 2 yard $ 312.15 $ 624.28 $ 936.44 $ 1248.59 $ 1560.74 $ 1872.88 $ 82.90 2.6 yard $ 416.95 $ 833.89 $ 1250.84 $ 1667.78 $ 2084.73 $ 2501.67 $ 110.74 3 yard $ 486.81 $ 973.62 $ 1460.43 $ 1947.25 $ 2434.06 $ 2920.87 $ 129.29 3.6 yard $ 575.91 $ 1151.83 $ 1727.74 $ 2303.65 $ 2879.57 $ 3455.48 $ 152.96 4 yard $ 635.31 $ 1270.63 $ 1905.94 $ 2541.26 $ 3176.57 $ 3881.89 $ 168.73 5 yard $ 744.87 $ 1599.29 $ 2234.60 $ 2979.47 $ 3724.34 $ 4469.20 $ 197.83 5.5 yard $ 799.64 $ 1199.46 $ 2398.98 $ 3198.58 $ 3998.22 $ 4797.86 $ 212.38 6 yard $ 854.42 $ 1708.84 $ 2563.26 $ 3417.68 $ 4272.10 $ 5126.52 $ 226.92 8 yard $ 1,088.73 $ 2177.45 $ 3266.18 $ 4354.90 $ 5443.63 $ 6532.36 $ 289.15 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 8. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpstern Scheduled Tips Per Week disposal fee, plus disposal fee, plus Size $214.69 per haul, plus 1 $21.25 disconnect fee 2 disposal fee 3 4 5 6 Extra Pickup 2 yard $ 313.42 $ 626.85 $ 940.27 $ 1,253.70 $ 1,567.12 $ 1,880.53 $ 83.24 2.6 yard $ 418.65 $ 837.30 $ 1,255.96 $ 1,674.61 $ 2,093.26 $ 2,511.89 $ 111.19 3 yard $ 488.80 $ 977.59 $ 1,466.39 $ 1,955.19 $ 2,443.99 $ 2,932.79 $ 129.82 3.6 yard $ 578.26 $ 1,156.52 $ 1,734.78 $ 2,313.04 $ 2,891.30 $ 3,469.58 $ 153.58 4 yard $ 637.91 $ 1,275.81 $ 1,913.71 $ 2,551.61 $ 3,189.52 $ 3,827.45 $ 169.42 5 yard $ 747.91 $ 1,495.82 $ 2,243.73 $ 2,991.64 $ 3,739.55 $ 4,487.45 $ 198.64 5.5 yard $ 802.91 $ 1,605.81 $ 2,408.71 $ 3,211.62 $ 4,014.52 $ 4,817.45 $ 213.24 6 yard $ 857.91 $ 1,715.82 $ 2,573.72 $ 3,431.63 $ 4,289.54 $ 5,147.45 $ 227.85 8 yard $ 1,093.17 $ 2,186.35 $ 3,279.52 $ 4,372.70 $ 5,465.87 $ 6,559.02 $ 290.33 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters 8. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $161.44 per haul, plus $214.69 per haul plus disposal fee, plus disposal fee, plus $161.44 per haul, plus $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if applicable) if applicable) Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 31 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Roll -Off Service cubic yEards 20 cubic yards 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $160.63 per haul, plus $213.61 per haul plus disposal fee, plus disposal fee, plus $160.63 per haul, plus $213.61 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if applicable) if applicable) 9. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Cardboard Recycling Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service �10 cubic yEards 20 cubic yards 30 cubic yards 40 cubic yards $161.44 per haul $161.44 per haul $214.69 per haul $214.69 per haul is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $160.63 per haul $160.63 per haul $213.61 per haul $213.61 per haul 10. Amendment to section 11.03(b) Annual Adjustment. Section 11.03(b) "Annual Adjustment" on page 32-33 is amended to make provision for the disposal rate adjustment based upon any actual changes in rates adopted by the Assembly in conjunction with the budget process. As revised this section will read as follows (added language underlined): b. Annual Adjustment. On July 1, 2020, and each following July 1, the Contractor Service Fee will be adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year (or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor Service Fee. Between April 1 and April 15 April 30 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB (see, for example, subsection h). The calculation of the disposal component shall be made based upon the estimated change in the disposal cost proposed as provided by the Borough Manager or designee. Contractor's statement is for convenience of KIB but is not binding on KIB. KIB may make corrections or adjustments to that statement. After final Assemblv approval of anv change in disposal rates the disposal component adjustment shall be modified accordingly. The method used to calculate the annual service fee adjustment is set forth in the following subsection c. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 32 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments 11. Amendment to Section 11.03(c)(4) of the Agreement. Titled "Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer" on page 33 of the Agreement is hereby amended and restated in its entirety to read as follows: (4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued in October 2018), and for the change, if any, in the ratio between tons disposed and the number of customers served (compared to the ratio as calculated in October 2018). 12. Section 11.03(h)(3) showing the table for the example of adjustment of the disposal cost is corrected and replaced with the following: EXAMPLE ONLY Row 2018 2019 2020 2021 Tonnage Rate Adjustment I Base Tonnage Rate ($/ton when proposal submitted 2 Tonnage Rate in next contract year $398 $398 $398 Jul 1 - June 30 3 Percent increase (decrease) from 9.94% 9.94% 9.94/o ° contract start Disposal Ton -per -Customer Adjustment 4 Prior year tons, actual (January 1 - g 588.19 8,766.58 8,843.25 8,972.45 December 31 5 Customer actuals (as of April 1) 3,115 3,150 3,245 3,240 6 Ratio, tons / customer 2.75W 2.783 2.725 2.769 7 Percent increase (decrease) from 0.94% -1.16% 0.44% contract start Disposal Cost Component Adjustment, effective July 1 8 (1 + Row 3) x (1 + Row 7) - 1, 10.98% 8.67% 10.43% rounded to hundredths 9 Disposal Cost Component $14.83 $16.46 $17.89 $19.75 Note: Green cells are the contract start, which is used as the basis for calculations in all future years. Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale house records. "tons and customers refer to residential accounts + commercial dumpsters. The number of residential customers refers to roll cart customers and self -haul customers. The number of commercial customers refers to the number of dumpsters in service. It excludes commercial roll offs where customers are billed for the actual cost of disposal. All numbers shown are examples (not actuals) and are shown for illustrative purposes. In this example, the disposal component of rates in initial proposal would be adjusted by 10.98% to take effect on the contract start date. The initial proposal rates would be adjusted by 8.67% and would take effect on July 1, 2020, and 10.43% on July 1, 2021. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 33 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments 13. Amendment to Section 23, Definitions, of the Agreement. Section 23: Definitions, is amended to include the following: "Cart Resideiitia!" e~ "ResideR'ia fell eat4" means a wheeled receptacle that can be emptied by either semi- or fully -automated vehicles which is used by a residential customer, including a cart used by a residential customer in a dwelling unit in a multi -family premises which is not served by dumpster service. "Self -Haul" a Customer who notifies the Contractor in writing that they intend to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises;. and will be charged by the C,..,t..,,, ter a r,,..,i f . Commer-eial Roll Gai4 fee fr- the ane ,.aA sefviee leve for- eemmer-eialpremises-These customers will be charged by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190 gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 14. Correction of Monthly Rental Charges for Containers and Lock Bars. Contractor agrees to discontinue charging monthly rental for containers and lock bars. Contractor further agrees to apply credits to accounts that were charged monthly rental for containers and locks bars between July 1, 2020 and the Amendment Effective Date. 15. Correction of Clerical Error in Cost Component Table. The Parties hereby agree that the initial Cost Component Tables from which adjustments under section 11.03 are calculated should read as follows: Cost Components of Residential Monthly Rate Collection and Administrative $9.94 Fuel $1.50 Fixed $0.93 Disposal $37.43 Profit $.15 Total $49.95 Cost Components of 3.6 cy, lx/weekly, Monthly Rate Collection and Administrative $146.85 Fuel $15.11 Fixed $6.81 Disposal $332.02 Profit $75.12 Total $575.91 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 34 of 128 AGENDA ITEM #13.A.1. 3.15.2021 Draft Showing marked amendments Cost Components of 20 yd, noncompacted Rolloff pull rate — tip fee (disposal cost) excluded as pass through charge Collection and Administrative $94.89 Fuel $17.11 Fixed $26.96 Profit $22.48 Total $161.44 16. Refunds. To the extent this amendment results in a refund to any customer the contractor shall either credit the customer's account or refund any overpayment. 17. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 18. Ratification. The parties acknowledge that this amendment addresses any errors which either party has identified in the Agreement. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. 19. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 20. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Signature Page Follows] Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 35 of 128 AGENDA ITEM #13.A.1. Showing marked amendments IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above. Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: Name: Title: Date: ATTEST By: Name: Title: Date: The Borough: KODIAK ISLAND BOROUGH By: Name: Title: Date: ATTEST: By: Name: Title: Date: APPROVED AS TO FORM By: Name: Title: Date: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 36 of 128 AGEND3A'ff-9 1 Of 1A.1. FIRST AMENDMENT VERSION II TO CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE MAY 2019 AMENDED MARCH 2021 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 37 of 128 AGEND3A1 -9k Of 1A.1. This Second Amendment to Contract No. FY2019-25 ("Amendment") is made and entered into effective as of the 18th day of March 2021 ("Amendment Effective Date"), by and between WASTE CONNECTIONS OF ALASKA, INC. ("Contractor"), and KODIAK ISLAND BOROUGH (the "Borough"). Contractor and the Borough are each individually referred to herein as a "PArly" and collectively as the "Parties". Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement (as defined below). I: OIK"alllKIll A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "Agreement") dated July 19, 2019; and B. WHEREAS, the Parties have discovered and agree that the original contract contained an error in the listing of the commercial dumpster rates due to failure to properly transfer the rates proposed in the Contractor's proposal into the contract document; and C. WHEREAS, section 11.03 permits CPI adjustments to Collection and Administrative Cost Component, and PPI adjustments to the Fuel Cost Component beginning July 1, 2020 for each successive year of the contract; and D. WHEREAS, section 11.03 permits and a Disposal Cost Component adjustment July 1, 2020 and each July 1 thereafter based upon the changes in the tonnage rate charged the Contractor and the change in customer's served since an April 15, 2018 reference date but the Request for Proposals used rates as of October 2018 as a reference point for rate proposals; and E. WHEREAS, section 6.03 contains two sections labelled as subsection b and is ambiguous as to the authority and criteria for changes in container size; and F. WHEREAS, the parties desire to revise the method for determining and charging the per occurrence charges for Residential Roll -Off or Dumpster Clean-up Costs; and G. WHEREAS, the Parties now desire to amend the Agreement to correct the error in the listing of the commercial dumpster rates as they appeared in the original agreement; to correct the reference date for calculation of adjustments for changes in disposal rates; to reduce the ambiguity as to the intended operation of subsection 6.03(b), and to incorporate those adjustments due under section 11.03 of the contract effective as of July 1, 2020. AGREEMENT NOW, THEREFORE, in consideration of the premises and obligations as set forth in this Amendment, the receipt and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows: 1. Amendment to Section 6.01(b) of the Agreement. The subsection entitled "Mandatory Service" on page 11 of the agreement is amended to clarify how the standard container charge for self -hauling customers is determined, and restated to read as follows: "(b)" If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with the weekly roll cart fee, based upon 95 gallons or less of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 2. Amendment to Section 6.03(b) of the Agreement. The subsection entitled "Dumpster Options" on page 13 of the agreement is amended to clarify how the appropriate container is determined, and restated to read as follows: b. Dumpster Options. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 38 of 128 2 AGEND3A1 -9k Of 1A.1. (1) Standard Option. Contractor will provide each Commercial Premise and Multi -Family Premise (as defined in section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule in Section 11.01, subject to the following exceptions: (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception receive a bear -resistant Dumpster. (ii) A Commercial Customer may direct Contractor to provide a Dumpster of alternate capacity, or one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee Schedule. (iii) A Commercial Customer which requires one or two 95 -gallon roll carts per week to properly store and dispose of their refuse may request and receive a reduction to single or double roll carts charged at the roll cart rate. A Commercial Customer which requires more than two 95 -gallon roll carts weekly to securely store and dispose of their refuse will receive service under the standard option, subject to modification only under (ii), (iv), (v) and (vi) of this section. (iv) A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on alternate or additional days as agreed to between the Contractor and Customer, and subject to the Contractor Service Fee Schedule. (v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion, determine that there is insufficient room at a premise to place or safely collect one or more dumpsters for each customer using the corresponding set- out site, the Contractor will either: A. Provide one or more carts of the capacity and number that each Customer requires to safely and adequately store its discarded Refuse pending Collection; or. B. Allow one or more Customers to share a Dumpster. (vi) Should the Contractor determine that the routine waste volume of a Commercial Premises or Multi Family Premise requires a larger capacity container, the Contractor may provide container(s) of sufficient size and notify the customer and the Borough of the change in container(s). (vii) If there is a dispute as to the size container required or whether a customer's waste stream requires more than the customer requested container(s) the Borough Manger or designee will review the circumstances and make a final administrative determination. 3. Amendment to Section 6.03(b -d) of the Agreement. The subsection entitled "b. Compactors" on page 13 of the agreement is incorrectly labelled as a second subsection 6.03(b). This section is re -labelled as subsection 6.03(c), and the subsections labelled (c) and (d) on page 14 of the agreement are re -labelled to be (d) and (e). 4. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee for Cart Service" on page 29 of the Agreement which originally read: Contractor Service Fee for Cart Service Monthly Service Fee (Serviced Once per Container Week) Senior Discount 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 39 of 128 AGEND3A1 -9k Of 1A.1. Each Additional 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Service Fee for Cart Service Container Monthly Service Fee (Serviced Once per Week) Senior Discount 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Each Additional 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge 5. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee Surcharges for Services SHALL NOT EXCEED" on page 30 of the Agreement is hereby amended to amend the item "Residential Roll - Off or Dumpster Clean -Up Costs", to refer only to "Dumpster clean-up costs", and a new provision for fees for Residential Roll -Off Clean -Up Costs is added to read as follows: "Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4.93 to each customer utilizing a roll cart and self- haul customer which will appear on their April 2021 invoice, and on the January invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost of the twelve-month period from November lst- October 315ipreceding the January 1 charge. Actual cost will be determined based upon the costs of picking up any litter and trash around residential roll off containers, not including bulky items which are too large to fit in a trash bag or any hazardous materials, for a distance of 20 feet, to be charged in 1 -minute increments of time, for a fee of $1.00. At the end of each month, Alaska Waste will provide KIB with copies of route sheets to document actual time spent, along with a summary of those sheets." 6. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Dumpsters" on page 30 of the Agreement is hereby corrected to reflect the rates in the proposal effective as of the July 2019 signing of the contract as follows: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 40 of 128 4 AGEND3A1 -9k Of 1A.1. and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Compactor Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpsters Scheduled Tips Per Week $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee Size disposal fee 1 (if applicable) 2 3 4 5 6 Extra Pickup 2 yard $ 312.15 $ 624.28 $ 936.44 $ 1248.59 $ 1560.74 $ 1872.88 $ 82.90 2.6 yard $ 416.95 $ 833.89 $ 1250.84 $ 1667.78 $ 2084.73 $ 2501.67 $ 110.74 3 yard $ 486.81 $ 973.62 $ 1460.43 $ 1947.25 $ 2434.06 $ 2920.87 $ 129.29 3.6 yard $ 575.91 $ 1151.83 $ 1727.74 $ 2303.65 $ 2879.57 $ 3455.48 $ 152.96 4 yard $ 635.31 $ 1270.63 $ 1905.94 $ 2541.26 $ 3176.57 $ 3881.89 $ 168.73 5 yard $ 744.87 $ 1599.29 $ 2234.60 $ 2979.47 $ 3724.34 $ 4469.20 $ 197.83 5.5 yard $ 799.64 $ 1199.46 $ 2398.98 $ 3198.58 $ 3998.22 $ 4797.86 $ 212.38 6 yard $ 854.42 $ 1708.84 $ 2563.26 $ 3417.68 $ 4272.10 $ 5126.52 $ 226.92 8 yard $ 1,088.73 $ 2177.45 $ 3266.18 $ 4354.90 $ 5443.63 $ 6532.36 $ 289.15 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 7. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard Contractor Monthly Service Fee for Dumpsters 10-20 cubic yards 30-40 cubic yards Compactor Compactor Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dumpsters Scheduled Tips Per Week $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee Size disposal fee 1 (if applicable) 2 3 4 5 6 Extra Pickup 2 yard $ 313.42 $ 626.85 $ 940.27 $ 1,253.70 $ 1,567.12 $ 1,880.53 $ 83.24 2.6 yard $ 418.65 $ 837.30 $ 1,255.96 $ 1,674.61 $ 2,093.26 $ 2,511.89 $ 111.19 3 yard $ 488.80 $ 977.59 $ 1,466.39 $ 1,955.19 $ 2,443.99 $ 2,932.79 $ 129.82 3.6 yard $ 578.26 $ 1,156.52 $ 1,734.78 $ 2,313.04 $ 2,891.30 $ 3,469.58 $ 153.58 4 yard $ 637.91 $ 1,275.81 $ 1,913.71 $ 2,551.61 $ 3,189.52 $ 3,827.45 $ 169.42 5 yard $ 747.91 $ 1,495.82 $ 2,243.73 $ 2,991.64 $ 3,739.55 $ 4,487.45 $ 198.64 5.5 yard $ 802.91 $ 1,605.81 $ 2,408.71 $ 3,211.62 $ 4,014.52 $ 4,817.45 $ 213.24 6 yard $ 857.91 $ 1,715.82 $ 2,573.72 $ 3,431.63 $ 4,289.54 $ 5,147.45 $ 227.85 8 yard $ 1,093.17 $ 2,186.35 $ 3,279.52 $ 4,372.70 $ 5,465.87 $ 6,559.02 $ 290.33 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters 7. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Roll -Off Service 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $161.44 per haul, plus $214.69 per haul plus disposal fee, plus disposal fee, plus $161.44 per haul, plus $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if a licable (if applicable) Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 41 of 128 5 AGEND3AW-9k Of1°x(.1. is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Roll -Off Service 10 cubic yards 20 cubic yards 10-20 cubic yard 30-40 cubic yard 10-20 cubic yards 30-40 cubic yards Compactor Compactor $160.63 per haul, plus $213.61 per haul plus disposal fee, plus disposal fee, plus $160.63 per haul, plus $213.61 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee if a licable if applicable) 8. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Monthly Service Fee for Cardboard Recycling Service" on page 31 of the Agreement which initially read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $161.44 per haul $161.44 per haul $214.69 per haul $214.69 per haul is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Monthly Service Fee for Cardboard Recycling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $160.63 per haul $160.63 per haul $213.61 per haul $213.61 per haul 9. Amendment to section 11.03(b) Annual Adjustment. Section 11.03(b) "Annual Adjustment" on page 32-33 is amended to make provision for the disposal rate adjustment based upon any actual changes in rates adopted by the Assembly in conjunction with the budget process. As revised this section will read as follows (added language underlined): b. Annual Adjustment. On July 1, 2020, and each following July 1, the Contractor Service Fee will be adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year (or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor Service Fee. Between April 1 and April 30 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB (see, for example, subsection h). The calculation of the disposal component shall be made based upon the estimated change in the disposal cost proposed as provided by the Borough Manager or designee. Contractor's statement is for convenience of KIB but is not binding on KIB. KIB may make corrections or adjustments to that statement. After final Assemblv aooroval of anv chance in disposal rates the disposal component adjustment shall be modified accordingly. The method used to calculate the annual service fee adjustment is set forth in the following subsection c. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 42 of 128 6 AGEND3A1 -9k Of 1A.1. 10. Amendment to Section 11.03(c)(4) of the Agreement. Titled "Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer" on page 33 of the Agreement is hereby amended and restated in its entirety to read as follows: (4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued in October 2018), and for the change, if any, in the ratio between tons disposed and the number of customers served (compared to the ratio as calculated in October 2018). 11. Section 11.03(h)(3) showing the table for the example of adjustment of the disposal cost is corrected and replaced with the following: EXAMPLE ONLY Row 2018 2019 2020 2021 Tonnage Rate Adjustment 1 Base Tonnage Rate ($/ton when $362 proposal submitted 2 Tonnage Rate in next contract year $398 $398 $398 Jul 1 - June 30 3 Percent increase (decrease) from 9.94% 9.94% 9.94% contract start Disposal Ton -per -Customer Adjustment 4 Prior year tons, actual (January 1 - 8,588.19 8,766.58 8,843.25 8,972.45 December 31 5 Customer actuals (as of April 1) 3,115 3,150 3,245 3,240 6 Ratio, tons / customer 2.757 2.783 2.725 2.769 7 Percent increase (decrease) from 0.94% -1.16% 0.44% contract start Disposal Cost Component Adjustment, effective July 1 8 (1 + Row 3) x (1 + Row 7) - 1, 10.98% 8.67% 10.43% rounded to hundredths 9 Disposal Cost Component $14.83 $16.46 $17.89 $19.75 Note: Green cells are the contract start, which is used as the basis for calculations in all future years. Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale house records. "tons and customers refer to residential accounts + commercial dumpsters. The number of residential customers refers to roll cart customers and self -haul customers. The number of commercial customers refers to the number of dumpsters in service. It excludes commercial roll offs where customers are billed for the actual cost of disposal. All numbers shown are examples (not actuals) and are shown for illustrative purposes. In this example, the disposal component of rates in initial proposal would be adjusted by 10.98% to take effect on the contract start date. The initial proposal rates would be adjusted by 8.67% and would take effect on July 1, 2020, and 10.43% on July 1, 2021. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 43 of 128 7 AGEND3A1 -9k Of 1A.1. 12. Amendment to Section 23, Definitions, of the Agreement. Section 23: Definitions, is amended to include the following: "Cart" means a wheeled receptacle that can be emptied by either semi- or fully automated vehicles which is used by a customer, including a cart used by a customer in a dwelling unit in a multi -family premises which is not served by dumpster service. "Self -Haul" a Customer who notifies the Contractor in writing that they intend to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises. These customers will be charged by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190 gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 13. Correction of Monthly Rental Charges for Containers and Lock Bars. Contractor agrees to discontinue charging monthly rental for containers and lock bars. Contractor further agrees to apply credits to accounts that were charged monthly rental for containers and locks bars between July 1, 2020 and the Amendment Effective Date. 14. Correction of Clerical Error in Cost Component Table. The Parties hereby agree that the initial Cost Component Tables from which adjustments under section 11.03 are calculated should read as follows: Cost Components of Residential Monthly Rate Collection and Administrative $9.94 Fuel $1.50 Fixed $0.93 Disposal $37.43 Profit $.15 Total $49.95 Cost Components of 3.6 cy, lx/weekly, Monthly Rate Collection and Administrative $146.85 Fuel $15.11 Fixed $6.81 Disposal $332.02 Profit $75.12 Total $575.91 Cost Components of 20 yd, noncompacted Rolloff pull rate — tip fee (disposal cost) excluded as pass through charge Collection and Administrative $94.89 Fuel $17.11 Fixed $26.96 Profit $22.48 Total $161.44 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 44 of 128 8 AGEND3A1 -9k Of 1A.1. 15. Refunds. To the extent this amendment results in a refund to any customer the contractor shall either credit the customer's account or refund any overpayment within thirty (30) days of signing. 16. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 17. Ratification. The parties acknowledge that this amendment addresses any errors which either party has identified in the Agreement. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. 18. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 19. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Signature Page Follows] Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 45 of 128 9 AGENDA ITEM #13.A.1. IN WITNESS WHEREOF, the Parties execute this Amendment as of the date first written above. Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: Name: Title: Date: ATTEST: By: Name: Title: Date: The Borough: KODIAK ISLAND BOROUGH By: Name: Title: Date: ATTEST: By: Name: _ Title: _ Date: APPROVED AS TO FORM: By: Name: Title: Date: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 46 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version FIRST AMENDMENT VERSION II TO CONTRACT NO. FY2019-25 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND WASTE CONNECTIONS OF ALASKA, INC. dba ALASKA WASTE MAY 2019 AMENDED MARCH 2021 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 47 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version This Second Amendment to Contract No. FY2019-25 ( ') is made and entered into effective as of the 18th day of March 2021 (" e,gdMf Effective DA&'), by and between WASTE CONNECTIONS OF ALASKA, INC. ("Confraetor'), and KODIAK ISLAND BOROUGH (the "borough"). Contractor and the Borough are each individually referred to herein as a "Part " and collectively as the `�_ ate' , ". Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement (as defined below). BACKGROUND A. WHEREAS, Contractor and the Borough entered into Contract No. FY2019-25 (the "AAereeMo ') dated July 19,2019; and B. WHEREAS, the Parties have discovered and agree that the original contract contained an error in the listing of the commercial dumpster rates due to failure to properly transfer the rates proposed in the Contractor's proposal into the contract document; and C. WHEREAS, section 11.03 permits CPI adjustments to Collection and Administrative Cost Component, and PPI adjustments to the Fuel Cost Component beginning July 1, 2020 for each successive year of the contract; and D. WHEREAS, section 11.03 permits and a Disposal Cost Component adjustment July 1, 2020 and each July 1 thereafter based upon the changes in the tonnage rate charged the Contractor and the change in customer's served since an April 15, 2018 reference date but the Request for Proposals used rates as of October 2018 as a reference point for rate proposals; and E. WHEREAS, section 6.03 contains two sections labelled as subsection b and is ambiguous as to the authority and criteria for changes in container size; and F. WHEREAS, the parties desire to revise the method for determining and charging the per occurrence charges for Residential Roll -Off or Dumpster Clean-up Costs; and G. WHEREAS, the Parties now desire to amend the Agreement to correct the error in the listing of the commercial dumpster rates as they appeared in the original agreement; to correct the reference date for calculation of adjustments for changes in disposal nates; to reduce the ambiguity as to the intended operation of subsection 6.03(b), and to incorporate those adjustments due under section 11.03 of the contract effective as of July 1, 2020. AGREEMENT NOW, THEREFORE, in consideration of the premises and obligations as set forth in this Amendment, the receipt and adequacy of which is hereby agreed to and acknowledged, the Parties agree as follows: I . Amendment to. Secdon 6.010 of the Agent. The subsection entitled "Mandatory Service" on page 11 of the agreement is amended to clarify how the standard container charge for self -hauling customers is determined, and restated to read as follows: "(b)" If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self -haul"), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with the weekly roll cart fee, based upon 95 gallons or less of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 2. Amendment to Seeiion 6:03fb1 of Agmq Ment. The subsection entitled "Dumpster Options" on page 13 of the agreement is amended to clarify how the app or prate container is determined, and restated to read as follows: b. Dumpster Options. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 48 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version (1) Standard Option. Contractor will provide each Commercial Premise and Multi -Family Premise (as defined in section 23) with one 2.0 cubic yard capacity dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule in Section 11.01, subject to the following exceptions: (i) If a Premise falls within a Borough -designated "Bear Aware" area, it shall without exception receive a bear -resistant Dumpster. (ii) A Commercial Customer may direct Contractor to provide a Dumpster of alternate capacity, or one or more Roll -Off Containers, subject to the charges prescribed by the Contractor Service Fee Schedule. (iii) A Commercial Customer which requires one or two 95 -gallon roll carts per week to properly store and dispose of their refuse may request and receive a reduction to single or double roll carts charged at the roll cart rate. A Commercial Customer which requires more than two 95 -gallon roll carts weekly to securely store and dispose of their refuse will receive service under the standard option, subject to modification only under (ii), (iv), (v) and (vi) of this section. (iv) A Commercial Customer with dumpster service may also direct Contractor to, notwithstanding any Regularly Scheduled Collection Day(s), collect refuse from the Customer's Premises on alternate or additional days as agreed to between the Contractor and Customer, and subject to the Contractor Service Fee Schedule. (v) For a Commercial Premise or Multi Family Premise, should the Contractor, in its sole discretion, determine that there is insufficient room at a premise to place or safely collect one or more dumpsters for each customer using the corresponding set- out site, the Contractor will either: A. Provide one or more carts of the capacity and number that each Customer requires to safely and adequately store its discarded Refuse pending Collection; or. B. Allow one or more Customers to share a Dumpster. (vi) Should the Contractor determine that the routine waste volume of a Commercial Premises or Multi Family Premise requires a larger capacity container, the Contractor may provide container(s) of sufficient size and notify the customer and the Borough of the change in container(s). (vii) If there is a dispute as to the size container required or whether a customer's waste stream requires more than the customer requested container(s) the Borough Manger or designee will review the circumstances and make a final administrative determination. 3. Ameadment to Seetioii_.6.Q3 ) of the_A�eement. The subsection entitled "b. Compactors" on page 13 of the agreement is incorrectly labelled as a second subsection 6.03(b). This section is re -labelled as subsection 6.03(c), and the subsections labelled (c) and (d) on page 14 of the agreement are re -labelled to be (d) and (e). 4. Amendment to Section 11.01 of the A , . ent. The table titled "Contractor Service Fee for Cart Service" on page 29 of the Agreement which originally read: Contractor Service Feedor Cart Service Monthly Service Fee (Serviced Once per Container Week) Senior Discount 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 47.00 'Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 49 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version Each Additional 95 -gallon Bear Resistant Roll Cart $49.95 $42.95 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Charge is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Service Fee for Cart Service Container Monthly Service Fee (Serviced Once per Week) Senior Discount 95-p,allon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Each Additional 95 -gallon Bear Resistant Roll Cart $49.25 $42.25 -$7.00 Residential Roll -Off Roll Off Rate Per Size Roll Off Rate Per Size Additional Set -Out Fee No Charge No Chu&e 5. Amendment to Section 11.01 of the Agreement. The table titled "Contractor Service Fee Surcharges for Services SHALL NOT EXCEED" on page 30 of the Agreement is hereby amended to amend the item "Residential Roll - Off or Dumpster Clean -Up Costs", to refer only to "Dumpster clean-up costs", and a new provision for fees for Residential Roll -Off Clean -Up Costs is added to read as follows: "Residential Roll -Off Clean -Up Costs shall be compensated by a one-time charge of $4.93 to each customer utilizing a roll cart and self- haul customer which will appear on their April 2021 invoice, and on the January invoice for subsequent contract years. This fee will be adjusted annually on January 1, based on the actual cost of the twelve-month period from November 1"- October 3 15' preceding the January 1 charge. Actual cost will be determined based upon the costs of picking up any litter and trash around residential roll off containers, not including bulky items which are too large to fit in a trash bag or any hazardous materials, for a distance of 20 feet, to be charged in 1 -minute increments of time, for a fee of $1.00. At the end of each month, Alaska Waste will provide K1B with copies of route sheets to document actual time spent, along with a summary of those sheets" 6. Amendment to Seetiob l 1.41 of the Agreement. The table titled "Contractor Monthly Service Fee for Dumpsters" on page 30 of the Agreement is hereby corrected to reflect the rates in the proposal effective as of the July 2019 signing of the contract as follows: Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 50 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 10-20 cubic yard Cbntractor Moaft Service Fee for D aters 3040 cubic yards Com actor Dumpster Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dum eters Scheduled Tips Per Week Number of Dum stern Scheduled Tips Per Week Size $214.69 per haul, plus 1 $21.25 disconnect fee Size disposal fee f 1 4 2 6 3 2 yard 4 5 $ 6 Extra Pickup 2 yard $ 312.15 $ 624.28 $ 936.44 $ 1248.59 $ 1560.74 $ 1872.88 $ 82.90 2.6 yard $ 416.95 $ 833.89 $ 1250.84 $ 1667.78 $ 2084.73 $ 2501.67 $ 110.74 3 yard $ 486.81 $ 973.62 $ 1460.43 $ 1947.25 $ 2434.06 $ 2920...87 $ 129.29 3.6. and $ 575.91 $ 1151.83 $ 1727.74 $ 2303.65 $ 2879.57 $ 3455.48 $ 152.96 4 yard $ 635.31 $ 1270.63 $ 1905.94 $ 2541.26 $ 3176.57 $ 3881.89 $ 168.73 5 yard $ 744.87 $ 1599.29 $ 2234.60 $ 2979.47 $ 3724.34 $ 4469.20 $ 197.83 5.5 yard $ 799.64 1 $ 1199.46 1 $ 2398.98 $ 3198.58 $ 3998.22 $ 4797.86 $ 21.2.38 6 yard $ 854.42 J $ 1708.84 $ 2563.26 $ 3417.68 $ 4272.10 $ 5126.52 $ 226.92 8 yardL $ 1088.73 $ 2177.45 1 $ 3266.18 $ 4354.90 $ 5443.63 $ 6532.36 $ 289.15 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters and is further amended effective July 1, 2020 to incorporate the adjustments permitted under section 11.03 and restated in its entirety to read as follows: 7. Amendment to f fion 1141 of the Agement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor MontbJI Service Fee for Ro"If Servlee 10-20 cubic yard Contractor Mouft Service Fee for Dumpsters 10-20 cubic yards 3040 cubic yards Com actor Dumpster $161.44 per haul, plus $214.69 per haul plus Number of Dum eters Scheduled Tips Per Week disposal fee, plus disposal fee, plus Size $214.69 per haul, plus 1 $21.25 disconnect fee 2 disposal fee f 3 4 5 6 Extra Picku 2 yard $ 313.42 $ 626.85 $ 940.27 $ 1,253,70 $ 1 67.12 $ 1,880.53 $ 83.24 2.6 . d $ 418.65 $ 837.30 $ 1255.96 $ 1,674.61 $ 2,093,26 $ 2,511.89 $ 111.19 3 yard $ 488.80 $ 977.59 $ 1466.39 $ 11955.19 $ 2,443.99 $ 2,932.79 $ 129.82 3.6 yard $ 578.26 $ 1.156.52 $ 1,734.78 $ 2,313.04 $ 2,891.30 $ 3,469.58 $ 153.58 4 XEd $ 637.91 $ 1,275.81 $ 1,913.71 $ 2,551.61 $ 3,189.52 $ 3,827.45 $ 169.42 5 yard $ 747.91 $ 1,495.82 $ 2,243.73 $ 2.991.64 $ 3,739.55 $ 4,487.45 $ 198.64 5.5 yard $ 802.91 $ 1,605.81 $ 25408.71 $ 3 11.62 $ 4,014.52 $ 4,817.45 $ 213.24 6 . and $ 857.91 $ 1715.82 $ 2,573.72 $ 3,431.63 $ 4,289.54 $ 51147.45 $ 227.85 8 yard $ 11093.17 $ 2,186.35 $ 3,279.52 $ 4372.70 $ 5,465.87 $ 6,559.02 1 $ 290.33 *Contractor Service Fee for multiple Dumpsters is Dumpsters equal to the above scheduled amounts multiplied by the number of 7. Amendment to f fion 1141 of the Agement. The table titled "Contractor Monthly Service Fee for Roll - Off Service" on page 31 of the Agreement which initially read as follows: Contractor MontbJI Service Fee for Ro"If Servlee 10-20 cubic yard 3040 cubic yard 10-20 cubic yards 3040 cubic yards Com actor Com actor $161.44 per haul, plus $214.69 per haul plus disposal fee, plus disposal fee, plus $161.44 per haul, plus $214.69 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee disposal fee f �Cif a licable if applicable) Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 51 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Mon!MX Service Fee for Rol 010 Service �l Service Fee for Cardboard Rcgcling Service 10-20 cubic yard 3040 cubic yard 10-20 cubic yards 3040 cubic yards Compactor Com actor $214.69 per haul $160.63 per haul, plus $213.61 per haul plus disposal fee, plus disposal fee, plus $160.63 per haul, plus $213.61 per haul, plus $21.25 disconnect fee $21.25 disconnect fee disposal fee _ _ _ _ disposal fee _ __ if a licabl_ if applicable) 8. Amendment to Seddon 1L01 of the Agreement. The table titled "Contractor Monthly Service Fee for Cardboard Recycling Service" on page 31 of the Agreement which initially read as follows: Contractor Month!X Service Fee for Cardboard Rcgcling Service 10 cubic yards 20 cubic yards 30 cubic yards 40 cubic yards $161.44 per haul $161.44 per haul $214.69 per haul $214.69 per haul is hereby amended to incorporate the adjustments permitted under section 11.03 effective July 1, 2020 and restated in its entirety to read as follows: Contractor Month . Service Fee for Cardboard gecyclKing RecyclingService 10 cubic ards 20 cubic yards 30 cubic yards 40 cubic yards $160.63 per haul $160.63 . r haul $213.61 jnr haul $213.61 per haul 9. Amendment to section 11.0301 Annual "otment. Section 11.03(b) "Annual Adjustment" on page 32-33 is amended to make provision for the disposal rate adjustment based upon any actual changes in rates adopted by the Assembly in conjunction with the budget process. As revised this section will read as follows (added language underlined): b. Annual Adjustment. On July 1, 2020, and each following July 1, the Contractor Service Fee will be adjusted so as to make it equal to the Contractor Service Fee that is in effect during the prior Contract Year (or portion of that Contract Year), plus or minus the Weighted Adjustment Percentage times that Contractor Service Fee. Between April 1 and April 30 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB (see, for example, subsection h). ti th n ' a c e dk% , gbst pi�Med go proMded by ft jjorough Manager or d01gee. Contractor's statement is for convemence of KIB but is not binding on KIB. KIB may make corrections or adjustments to that statement. After finalAwLnblv annroval._of aav ebanee in d�,snosal rates the disposal component The method used to calculate the annual service fee adjustment forth in the following subsecfion c. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 52 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version 10. Amendment t6 Section.11.03(e (A of the-4-Akpagiviont. Titled "Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer" on page 33 of the Agreement is hereby amended and restated in its entirety to read as follows: (4) Disposal Cost Component: Change in Disposal Fee and Tonnage Per Customer. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in the tonnage rate charged Contractor at KIB Landfill (compared to the rate in effect when the RFP was issued in October 2018), and for the change, if any, in the ratio between tons disposed and the number of customers served (compared to the ratio as calculated in October 2018). 11. Section 11.03(h)(3) showing the table for the example of adjustment of the disposal cost is corrected and replaced with the following: EXAMPLE ONLY Row 2018 2019 2020 2021 Tonnage Rate Adjustment 1 Base Tonnage Rate ($/ton when , proposal submitted 2 Tonnage Rate in next contract year $398 $398 $398 Jul 1 - June 30 3 Percent increase (decrease) from 9.94% 9.940/a 9.94% contract start Disposal Ton -per -Customer Adjustment 4 Prior year tons, actual (January 1 - 81588.19 8,766.58 8.,843:25 8,972.45 December 31 5 Customer actuals (as of April 1) 3,115 3,150 3,245 3,240 6 Ratio, tons / customer 2 2.783 2.725 2.769 7 Percent increase (decrease) from 0.94% -1.16% 0.44% contract start Disposal Cost Component Ad'ustmen effective JM!X 1 8 (1 + Row 3) x (1 + Row 7) -1, 10.98% 8.67% 10.43% rounded to hundredths 9 Disposal Cost Component $14.83 $16.46 $17.89 $19.75 Note: Green cells are the contract start, which is used as the basis for calculations in all future years. Yellow cells are data that would be input each year based on tonnage rate, customer accounts, and scale house records. tons and customers refer to residential accounts + commercial dumpsters. The number of residential customers refers to roll cart customers and self -haul customers. The number of commercial customers refers to the number of dumpsters in service. It excludes commercial roll offs where customers are billed for the actual cost of disposal. All numbers shown are examples (not actuals) and are shown for illustrative purposes. In this example, the disposal component of rates in initial proposal would be adjusted by 10.98% to take effect on the contract start date. The initial proposal rates would be adjusted by 8.67% and would take effect on July 1, 2020, and 10.43% on July 1, 2021. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 53 of 128 AGENDA ITEM #13.A.1. 3.19.2021 version 12. Ameadmentto gee[lon 23: D -t itloifs. ofthe Aunt. Section 23: Definitions, is amended to include the following: "Cart" means a wheeled receptacle that can be emptied by either semi- or fully automated vehicles which is used by a customer, including a cart used by a customer in a dwelling unit in a multi -family premises which is not served by dumpster service. "Self -Haul" a Customer who notifies the Contractor in writing that they intend to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises. These customers will be charged by the Contractor a Service Fee commensurate with the weekly roll cart fee, based upon a maximum of 190 gallons of Solid Waste that the self -haul (commercial or residential) Customer discards at the Landfill or a Roll Off Container. 13. Correction of Monthly Rental Ciu}rpcs_ £or' CoAt ugm .and_Lack Bars. Contractor agrees to discontinue charging monthly rental for containers and lock bars. Contractor further agrees to apply credits to accounts that were charged monthly rental for containers and locks bars between July 1, 2020 and the Amendment Effective Date. 14. Correction of Clerical Error in Cost Component Table. The Parties hereby agree that the initial Cost Component Tables from which adjustments under section 11.03 are calculated should read as follows: Cost Components of Residential Monthly Rate Collection and Administrative $9.94 Fuel $1.50 Fixed $0.93 Disposal $37.43 Profit $.15. Total $49.95 Cost Components of 3.6 ey, lxlweekly, Monthly Rate Collection and Administrative $146.85 Fuel $15.11 Fixed $6.81 Disposal $332.02 Profit $75.12 Total $575.91 Cost Components of 20 yd, noncompacted Rolloff pull rate —tip fee1dispomd cost] excluded as pass through ebarg6 Collection and Administrative $94.89. Fuel $17.11 Fixed $26.96 Profit $22.48 Total $161.44 Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 54 of 128 AGENDA ITEM #13.A.1. 3.19.2021 Version 15. Refunds. To the extent this amendment results in a refund to any customer the contractor shall either credit the customer's account or refund any overpayment within thirty (30) days of signing. 16. C. unftarts. This Amendment maybe executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 17. Ratification. The parties acknowledge that this amendment addresses any errors which either party has identified in the Agreement. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. 18. Conflicting Provisions. In the event of any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall prevail. 19. Authorization. Each Party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Signature Page Follows] Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 55 of 128 AGENDA ITEM #13.A.1. IN WITNESS WHEREOF, the Pasties execute this Amendment as of the date first written above. Contractor: WASTE CONNECTIONS OF ALASKA, INC. By: :S�1 Name: Title: D, V - V PRS.'Jati Date: 37, 2 Izort ATTEST: 19 ■ By: Name:;,,;n Title: Date: I The Borough: ATTEST: B yi�if Name: >.. ,tom - Title: Date: APPROVE S T FO By: Name: v� c4g2�j� Title: F2vhj $- Dater Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commerci... Page 56 of 128 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. ORIGINATOR: Geoffrey Smith RECOMMENDATION: Move to approve reconsideration of the vote taken on March 4, 2021 to approve Resolution No. FY2021-19. DISCUSSION: On March 5, 2021 Assembly member Smith filed an Affidavit Of Reconsideration with the Borough Clerk to reconsider the vote taken on March 4, 2021 to approve Resolution No. FY2021-19, Assembly member Williams seconded the reconsideration. The vote to approve Resolution No. FY2021-19 taken at the regular meeting of the assembly on March 4, 2021 failed three to four: Dvorak, Kavanaugh, and Williams (ayes); Smith, Symmons, Turner, and Arndt (noes). Any member on the prevailing side of the vote may file with for reconsideration by 5:00 p.m. the next business day. Any member that voted may seconded the reconsideration regardless of how they voted . The reconsideration shall be taken up at the next regular meeting of the assembly. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code 2.30.070(P) Ordinances, resolutions, and motions. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or Kodiak Island Borough Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution N... Page 57 of 128 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 A ASSEMBLY REGULAR MEETING 3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. Kodiak Island Borough Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution N... Page 58 of 128 AGENDA ITEM #13.6.1. RECONSIDERATION AFFIDAVIT I Assembly member Geoffrey Smith, having vote on the prevailing side, file my intent to reconsider the vote taken on the Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otm loi Way Rehabilitation Project. 12 _ Assemb ember Signature SUBSCRIBED AND SWORN to beforem, 2021. ' No •7'�' Notary b is n an €or Alaska •, qRy My Com ission Expires: I Assembly member Aimee Williams, second the reconsideration affidavit filed by Assembly Member Geoffrey Smith, file my intent to reconsider the vote taken on the Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. 1,L u►oil,'��� AOTAR V SUBSCRIBED AND SWORN to before��ri♦LYMMI�1 My Com wl,(� WdA, A e bly Member Signature r. 2021. an For AlasI a Expires: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, 2.30.070 Ordinances, resolutions, and motions.. (P.) A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: (1.) The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk. Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution N... Page 59 of 128 AGENDA ITEM #13.6.1. a Borough Clerk's Office Motion For Reconsideration • A Motion For Re -Consideration Is A Debatable Motion • Discussion Points must be merits or demerits of your vote • Only speak to the Reasons For Reconsideration your vote • New information was discovered • Realized my own confusion it could affect my decision • I was given false information • I feel uncomfortable in the decision I made • You may NOT enter in to debate or discussion of the merits or demerits of the item you are requesting a reconsideration on. KIB Code 2.30.070 (F)(2) Voting "Reconsider a Vote" 2.The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or 3.Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. Created 3/10/2021 AR Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution N... Page 60 of 128 AGENDA ITEM #13.6.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. ORIGINATOR: Meagan Christiansen RECOMMENDATION: Move to approve Resolution No. FY2021-29. DISCUSSION: On March 5, 2021 Assembly member Smith, filed with the Borough Clerk, for reconsideration of the motion taken at the March 4th regular meeting. The motion was seconded by Assembly member Williams. If the assembly fails the motion for reconsideration the original motion passed will stand. Should the assembly agree by a majority vote to reconsider the motion, the resolution will be back on the agenda to be voted on once again. This item was introduced at the January 21, 2021 regular meeting and postponed to March 4, 2021. The Otmeloi Way Reconstruction project has been in the works for many years. This project was initiated when the water and sewer infrastructure was being constructed within Otmeloi Way. Resolution 97-05 documented the Borough's willingness to take over ownership and maintenance of the road if the State improved it to Borough road construction standards. In 2005, the Borough received a $3,300,000 State Legislative Grant for the project which would need to be first spent on a reconnaissance study to determine the scope of work necessary. The Borough E/F staff was short-handed and requested that the grant be administered by the State Department of Transportation. The State commissioned the reconnaissance study and began the planning and design phases. The project includes re- aligning the roadway, re -paving, constructing a separated pedestrian path, and street lighting. Assuming ownership of the roadway requires the ability to also maintain it. In the 2016 local election, property owners within Road Service Area No. 1 and property owners living adjacent to Otmeloi Way voted in favor of altering the boundaries of Road Service Area No. 1 so that the road could be maintained by Road Service Area No. 1 if the Borough were to take ownership of the road. After more than ten years, it was clear that the $3,300,000 would not be sufficient funding for the project. Resolution No. FY2019-23 authorized an application to the Community Transportation Program (CTP) which would supplement the state funding with federal funds. The Borough received notice that CTP funds are approved, and the project was fully funded. To commit the CTP funds and move ahead with construction of the project, the Borough must enter into a Memorandum of Agreement with the State of Alaska. Kodiak Island Borough Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 61 of 128 AGENDA ITEM #13.6.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 A ASSEMBLY REGULAR MEETING ALTERNATIVES: Fail to approve the resolution; take no action. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 62 of 128 Memorandum of Agreement Between the Alaska Department of Transportation & Public Facilities and the Kodiak Island Borough Project: Otmeloi Way Rehabilitation & Transfer State Project Program Number Z687130000 I. INTRODUCTION AND ACKNOWLEDGEMENTS The Alaska Department of Transportation and Public Facilities (DOT&PF) and the Kodiak Island Borough (Borough) (collectively, the Parties) mutually agree to the terms and conditions of this Memorandum of Agreement (MOA) for the Otmeloi Way Rehabilitation and Transfer Project (Project). A primary focus of the project is to provide a safer route to the area elementary school. Alaska Statute 44.42.020 authorizes DOT&PF to cooperate, coordinate, and enter into agreements with the federal government and municipalities to plan, design, and construct transportation facilities. The Borough is established under Alaska law. This MOA is being executed to facilitate the planning, design, and construction of the Project and the transfer of maintenance, operations and ownershi of Otmeloi Road and all improvements made by the Project to the Borough. By Resolution the Borough has authorized the DOT&PF to plan, design, and construct the Project and to perform all acts specified in this agreement. However, per this MOA, the Project will not be constructed until the Kodiak Island Borough provides written authorization to move forward with obligation of construction funds and advertisement of the project, thereby committing the Kodiak Island Borough to assume maintenance, operations, and ownership responsibilities as described in this MOA. II. PROJECT SCOPE AND FUNDING A. This project will: a) rehabilitate approximately one mile of Otmeloi Way (Milepoint 0 to 0.8). Road improvements will include grading, drainage, paving, and construction of pedestrian facilities. Realignment and lighting will be included as needed. b) Upon completion, transfer ownership and maintenance responsibility for Otmeloi Way and associated facilities to the Kodiak Island Borough. c) Reconstruct approximately 500 - foot portion of Borough owned Mallard Way from Otmeloi Way to the North Star Elementary School. B. DOT&PF received a 2005 State of Alaska general fund appropriation of $3,300,000 to fund rehabilitation of Otmeloi Way, Kodiak Island Borough. Since the amount of state funding available is insufficient to cover the overall estimated Project cost, these funds have been used to initiate design in compliance with federal project development FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Commented [HME(1]: Michael Powers — Please provide a reference copy for inclusion in this Project Agreement. I can then insert the resolution a and resolution and prepare a signature ready document. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 63 of 128 AGENDA ITEM #13.6.2. process. In 2019, the project was moved forward to be evaluated for federal funds through the Community Transportation Program (CTP). In 2020, the DOT&PF CTP Project Evaluation Board awarded federal funding to the project. Upon initiation of this agreement, the federal funds will be obligated and the remaining general fund appropriation will be used as matching funds. Commented [SB2]: This is new. Looks like we have the money now. C. Parties will review and approve the Project budgets. The Project budgets are estimates only and the Parties recognize and acknowledge that actual costs may exceed the original Project budget estimates. D. Parties acknowledge that DOT&PF has historically maintained Otmeloi Road from its intersection with the Rezanof Drive Highway to its intersection with Monashka Bay Road. The parties acknowledge that improvements made as a result of the Project will reconstruct approximately one mile (Milepoint 0 to 0.8) of Otmeloi Way. The parties acknowledge that upon completion of the Project, the Borough shall assume maintenance, operations and ownership of Otmeloi Road and all improvements made by the Project. The Parties acknowledge that the DOT&PF will request written approval from the Borough before obligating construction funds and advertising the project. At this time the Borough will be required to explicitly, in writing, accept those maintenance, operations, and ownership responsibilities as described in this MOA. Responsibilityto maintain, operate, and own will begin upon completion of Project construction. Parties acknowledge that should the Borough fail to provide written acceptance of those maintenance, operations, and ownership responsibilities as described in this MOA that the Project will be closed out and federal expenses may be required to be repaid by the Borough per Section XI of this MOA. III. PLANNING, DESIGN, RIGHT OF WAY, CONSTRUCTION, UTILITIES, AND OWNERSHIP OF THE PROJECT AND IMPROVEMENTS A. Project Developed in Phases 1. The Project will be broken down into four Phases per federal funding types: a. Phase 2: Design i. Preliminary engineering through environmental document; ii. Preliminary engineering to final Plan, Specifications and Estimate (PS&E); and b. Phase 3: Right of Way, Appraisals, and Acquisition c. Phase 4: Construction d. (Phase 7: (Utility Agreements The DOT&PF will be responsible for all design, right of way, construction, and utilities. The Project is being developed in compliance with the federal process to prepare the FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Commented [SB3]: This is new, but the concept is not. Commented [SB4]: Should this be phase 5? Why no phase 1 and why no phase 5 or 6? Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 64 of 128 Project for federal funding participation in construction. The environmental document, right of way certification, and final Plans, Specifications, and Estimates (PS&E) must comply with FHWA certification requirements prior to receipt of authorization to proceed to construction and advertise for construction bids. 2. DOT&PF Policy and Procedure numbered 09.01.040 (Local Match for CIP) requires that a minimum of 15% contingency be included with the total cost estimate for each project ("adjusted total cost estimate"). The State of Alaska general fund appropriation for the Project will be used to fund the required match and is sufficient to cover the anticipated required local funding match, including match for the 15% construction contingency, and any items determined to be ineligible for federal participation. If for any reason the state funds currently appropriated to the Project should be withdrawn, the Borough would be responsible to provide other local funds to cover federal matching requirements and cost of items ineligible for federal funding participation or may elect to B. DOT&PF's Responsibilities DOT&PF shall: 1. Seek legislative authorization to receive and expend federal funding sufficient to construct the Project. 2. Ensure that state and FHWA funds are expended in accordance with federal and state laws and regulations. 3. Plan, design, and construct the Project (including utilities). 4. Acquire all necessary rights of way in the name of the Kodiak Island Borough. 5. Obtain NEPA documentation as needed, and keep an interested parties list. 6. Develop the Project with own staff or use contracted services or combination of state and contracted services. For contracted services issue Requests for Proposals ("RFPs") and enter into contracts for engineering services to develop the Project. The RFPs shall be submitted to the Borough for comment prior to advertising for proposals. 7. Execute and manage any professional services agreements as necessary. 8. Keep the Kodiak Island Borough point -of -contact informed of Project status. 9. Charge staff time and expenses to the Project. 10. When design is 35% complete, submit plan set to the Kodiak Island Borough for review and comment. FINAL date MOA between ADOTUF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Commented [SBS]: How significant is the risk of these funds being withdrawn and reprogrammed in view of current budget difficulties. Whether to accept that risk is a policy call, but it should be coupled with a provision in IIIC restricting Borough obligations to funds lawfully appropriated for that purpose. If they withdraw the funds we should have the option to terminate without liability as an alternative to making up the shortfall. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 65 of 128 11. When design is 95% complete, submit to the Kodiak Island Borough for review and comment on the plans, specifications and estimate (PS&E) that will go to advertisement for bid solicitation. 12. Submit the final PS&E package to the Kodiak Island Borough for approval prior to advertising the Project for bids. The Project will be inventoried until such time as the Borough reaches a decision on whether to authorize the DOT&PF to proceed to construction. 13. (Request written authorization from the Kodiak Island Borough to proceed with obligation of construction funds and advertisement of the Project, thereby committing the Kodiak Island Borough to assume maintenance, operations, and ownership responsibilities as described in this MOA 14. Provide the construction engineering and indirect cost allocation plan (ICAP) to the Kodiak Island Borough with a copy of the contractor's Notice to Proceed. 15. Deduct the appropriate rate of ICAP to the Project to cover DOT&PF indirect expenses. The current ICAP rate for FHWA and state highway projects is 3.70% of the total Project costs. 16. Submit each proposed change order to the Kodiak Island Borough for review and comment prior to commencement of the work covered by the change order, and note if approval may result in the Kodiak Island Borough exceeding the Kodiak Island Borough's estimated dollar share allocated to the particular construction activity. 17. The DOT&PF shall add a special provision to its bid documents extending the protections of Standard Specification 107-1.13 to the Kodiak Island Borough. The DOT&PF shall add a special provision to its bid documents requiring the Kodiak Island Borough to be listed as an additional insured on the policies required by Standard Specification 103-1.06, paragraphs 2 through 4. The Kodiak Island Borough shall have the right to enforce these requirements against the successful bidder. C. Kodiak Island Borough's Responsibilities The Kodiak Island Borough shall: AGENDA ITEM #13.6.2. r- =.--..te.d.,S.B6,t.--..T1is written authorization to proceed stheoghthe project, including any financial ations. 1. Establish a single point -of -contact with sufficient authority and responsibility to communicate to DOT&PF all decisions or notifications required by this agreement. The Kodiak Island Borough shall be solely responsible for payment of contract price adjustments to compensate for any owner -caused contract delay claims that are directly attributable to the Kodiak Island Borough's failure to timely communicate decisions or notices required by this agreement. Commented [SB7]: This obligation should be noted. It is not unreasonable but is a policy call. FINAL date MOA between ADOTUF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 66 of 128 AGENDA ITEM #13.6.2. 2. (Provide funding to cover any work in the original scope of work, or under any change order recommended for approval by the Kodiak Island Borough determined to be commenced [SB87: This potential liability should be noted. h is ineligible for federal funding and exceeding state funding for the Project u tcien o not unreasonable but it is a policy call. cover the additional federal fund match and/or items ineligible for federal participation. Provide written authorization for DOT&PF to proceed with obligation of construction funds and advertisement of the project, thereby committing the Kodiak Island Borough to assume maintenance, operations, and ownership responsibilities as described in this MOA. If the Kodiak Island Borough does not wish to provide authorization, then the project will be closed out and subject to repayment of federal funds as outlined in Section XI. Commented [SB91: This could obligate the Borough to a repayment obligation if we do not proceed. Provide timely Borough approval or rejection of any change order that may exceed the amount of state funds appropriated to the Project available to cover any ineligible and federal match requirements resulting from the increase in cost for a phase; in no instance shall the Kodiak Island Borough's recommendation be more than ten (10) calendar days after DOT&PF's delivery of the proposed change order and all supporting documents to the Kodiak Island Borough's authorized representative. �f the , Commented [SB101: We will need to be adequately staffed to Kodiak Island Borough intends to recommend rejection of any proposed change order meet this time line. that DOT&PF finds necessary for the completion of the Project, within seven (7) days of the DOT&PFs delivery of the proposed change order the Kodiak Island Borough shall provide an alternative change order proposal which may include reduction of the Project scope of work—that would allow timely completion of Project. At the time of the Borough's recommended approval or recommended alternative proposal, the Borough must transfer local funds sufficient to cover any shortfall in available Project state funds to cover an increase in the Borough's local funding commitment to the Project. Provide funding at the match rate to cover the costs of all Project related litigation, including legal fees and costs, including challenges to federal permits or decisions, condemnation or right of way matters, procurement claims, and construction claims, sufficient to cover any shortfalls in available Project state funds to cover same. Kodiak Island Borough shall assist the DOT&PF, as necessary, during the course of the Project related administrative or civil proceedings and shall have the right to actively participate in the control of the litigation, including participating in strategy and settlement discussions, if it elects to do so. 6. Review information and action items from DOT&PF and provide any necessary responses within fourteen calendar days of receipt. 7. Provide management staff for coordination and review of the Project as needed with no cost to the Project FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Commented [SB11I: The State gets a 3.7%ICAP for overhead. If it is acceptable to bear our own costs this is fine, but that is a policy call. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 67 of 128 8. Authorize the DOT&PF and its contractors on the Project to conduct the necessary work within the Kodiak Island Borough road rights of way, and provide the DOT&PF with construction easements and such other interests as required to meet federal right of way certification requirements. 9. Inspect the Project right of way and property prior to Project closeout. The Kodiak Island Borough may perform an environmental assessment of that property for the purpose of determining whether any hazardous material contaminates the property. For purposes of this agreement, a "hazardous material" is any chemical, metal, petroleum product, or other substance (or any combination of hazardous materials) that is designated as "hazardous" by the U.S. Environmental Protection Agency and that is regulated by any government agency in any quantity as a contaminant, hazardous material, or threat to health or safety. 10. Participate in determining "substantial completion" of each phase or stage of the Project, and accept full ownership and complete responsibility for each phase or stage of the Project, and all improvements thereon, upon substantial completion of each. The Kodiak Island Borough will assume maintenance, operations, and ownership of the facility upon completion of the improvements. The Kodiak Island Borough acceptance of ownership is not a direct or implied waiver of a contractor's responsibility to satisfactorily complete the work. 11. After the completion of the Project, in addition to the transfer of constructed improvements and the transfer of operation and maintenance responsibilities described herein, DOT&PF will assign to the Borough, all its rights, powers, interests, and privileges in or arising from each and every one of the utility permits listed below, or as listed at time of transfer: • Electric distribution line. • Telecommunications line • City water and sewer lines • Any other permits or easements •12. The obligations of the Borough to make a payment under this MOA are subiect tv the availability of funds lawfully appropriated for that purpose. , IV. PROJECT ADMINISTRATION A. Unless otherwise expressly stated in this MOA, the DOT&PF shall be solely responsible for all Project procurements. B. Except as otherwise expressly stated in this MOA, the DOT&PF will be solely responsible for the administration of all Project contracts, in accordance with its contract(s) with the contractor(s) ("construction contract(s)"). The Borough has no direct or implied right to enforce any terms or conditions of any professional services or FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Formatted: No bullets or numbering Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5' + Indent at: 0.75' Formatted: Font: (Default) Times New Roman, 12 pt Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 68 of 128 construction contracts against either the DOT&PF or the contractor(s) except where there is alleged Project mismanagement premised upon the DOT&PF's gross negligence, recklessness, or intentional misconduct. Nothing herein shall be read to modify the scope of AS 09.50.250 or to waive any provisions thereof. C. Notwithstanding Section IX of this Agreement, DOT&PF shall be wholly responsible for the defense of any procurement protests or contract claims. V. FINAL INSPECTION A. Representatives of the Borough and the DOT&PF may jointly conduct final inspections upon substantial completion of the Project's construction. The DOT&PF shall, however, determine when the Project reaches the point of substantial completion. The term "substantial completion" as used in this MOA means that the construction is sufficiently completed to allow the owner or a person authorized by the owner: A) to occupy the phase or stage constructed and improvements thereon; or B) to use the phase or stage constructed and improvements thereon in the manner for which they were intended. B. The DOT&PF shall provide the Borough with an "As Built" of the Project and all improvements at Project closeout. VI. THE BOROUGH'S RIGHT-OF-WAY, OPERATIONS, AND MAINTENANCE OBLIGATIONS The Borough's right-of-way, operations, and maintenance duties for the Project shall commence on the date of substantial completion. The Borough agrees that its obligations with regard to the transferred rights-of-way, operations, and maintenance include the following: A. The Borough agrees to perform, at its own expense, those right-of-way, operations, and maintenance obligations required by the use of FHWA funds. In carrying out these obligations, the Borough's duties include: 1. Those identified in 23 C.F.R. § 1.23 ("Rights -of -Way") and 23 C.F.R. § 1.27 ("Maintenance"), which would otherwise be required of the DOT&PF if the DOT&PF owned the transferred facility and improvements; 2. Management of the right-of-way and any utilities in accordance with relevant sections of 23 CFR Part 710 ("Right -of -Way and Real Estate") and 23 C.F.R. Part 645 ("Utilities"); 3. (Complying with the aintenance re uirements of the FHWA under 23 CFR 1.27; FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Commented [SB12]: I understand that the Federal Highways maintenance standards are not as stringent as DOT's. The funding source only requires compliance with the CFR standards. I am not sure why we would want to agree to the higher standard if it is not required for the funds. Will they agree to limit it to the Federal standards? Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 69 of 128 4. Conducting oversight and management of utilities located in any transferred right-of- way consistent with the DOT&PF's Utility Manual, and complying with the utility policies and requirements set forth in AS 19.25.010-020 and 17 AAC 15; 5. Allowing no encroachments within the transferred right-of-way without the prior consent of the DOT&PF and the FHWA; 6. Refrain from selling or conveying any portion of the transferred right-of-way without prior consent from the DOT&PF. In the event that the DOT&PF gives its consent to the disposal of any portion of right-of-way acquired with federal -aid highway funds for the Project, the Borough shall pay proceeds of the sale to the DOT&PF, which the DOT&PF will credit to the appropriate federal -aid and state accounts; 7. Issuing permits as required by the foregoing duties, and assuming sole responsibility for enforcement of all terms and conditions of such permits. B. The Borough agrees to maintain and operate the transportation facilities consistent with 23 C.F.R. §1.27 r,r,.......t (" n ur., OM") in the event of , nn fliet h-po.,een 23 G.F.R. § 1.27 ,...a nun, OM the ...,._o st_ingent .._,..:..:,.nswhich will establish the minimum standards with which the Borough must comply.) C. The Borough shall perform all operation and maintenance activities required by this MOA at its own expense and without reimbursement from the DOT&PF. Maintenance activities b1ay include, but are not limited to: 1. Planning, scheduling, administration, and logistics of maintenance activities; 2. Traffic control and safety; 3. Maintaining road, bridge, river and other embankment protection, including erosion control, to as -built conditions; 4. Roadside management; 5. Maintaining guardrails and guardrail end treatments to their as -built conditions; 6. Snow and ice control, including all plowing, sanding, culvert and storm sewer thawing, snow hauling, winging, opening of shoulders, ice scraping, drift control, snow slide removal, and associated tasks as may be required for the safe and timely passage of the public; 7. Maintaining signs and delineators in an as -built condition and their replacement, including posts and foundations, when damaged, unreadable, or worn out; FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Commented [SB13]: I understand that the Federal Highways maintenance standards are not as stringent as DOT's. The funding source only requires compliance with the CFR standards. I am not sure why we would want to agree to the higher standard if it is not required for the funds. Will they agree to limit it to the Federal standards? Commented [5614]: This will make the bridge maintenance not required if it is inapplicable. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 70 of 128 8. Maintaining highway markings and repainting as required to maintain performance of their intended function; 9. Removal of debris, rubbish, and dead animals; 10. Signing of seasonal weight restrictions as may be required by local conditions; 11. Pothole repair using the appropriate asphalt or concrete products on an as -needed basis; 12. Annual crack sealing 13. IAddressm deficiencies identified through bridge inspections and reports provided by DOT&PF VII. TERM This MOA shall become effective on the date of the last signature and shall apply in perpetuity. VIII. INCORPORATION CLAUSE The Borough shall comply with all applicable federal and state laws, regulations, executive orders, stewardship agreements, and applicable DOT&PF manuals and guidelines, including those provisions that would apply to the DOT&PF if the DOT&PF were to perform those tasks to be performed under this MOA by the Borough. This obligation is in addition to compliance with any law, regulation, or executive order specifically referenced in this MOA. IX. INDEMNIFICATION A. The Borough shall hold the DOT&PF, the State, its officers, employees, and agents (collectively, "the State") harmless from and defend and indemnify the State for liability, claims, or causes of action arising out of this MOA or relating to the Project or property and facilities being transferred and the obligations being assigned. 1. Notwithstanding the foregoing, the Borough shall have no obligation to hold harmless and indemnify the State to the extent the State is determined to be liable for its own acts or omissions, except that: a. to the maximum extent allowed by law, the Borough shall hold the State harmless from and indemnify the State for liability, claims, or causes of action arising from an alleged defect in the design or construction of any facility transferred to the Borough pursuant to this MOA, regardless of negligence or other fault, if such FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Commented [SB15]: Are there any bridges? If not how about delete? Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 71 of 128 AGENDA ITEM #13.6.2. liability, claim, or cause of action arises out of an incident that occurs more than two years after the Borough assumes maintenance responsibilities for the subject facility. 2. The Borough's duty to defend shall apply regardless of whether it is also alleged that the State's acts or omissions contributed to the injury (including injury to personal property, real property or persons, including fatal injury). 3. Neither liability claims nor causes of action arising from injuries which occurred prior to the date of the transfer of maintenance responsibilities, nor liabilities imposed by or claims or causes of action arising from or asserted under AS 46.03.822, shall be governed by this paragraph. B. The DOT&PF shall add a special provision to its bid documents extending the protections of Standard Specification 107-1.13 to the Borough. The DOT&PF shall add a special provision to its bid documents requiring the Borough to be listed as an additional insured in all instances where the successful bidder would be required to add the DOT&PF as an additional insured. The Borough shall have the right to enforce these provisions against the successful bidder. X. EACH PARTY IS AN INDEPENDENT CONTRACTOR For the purposes of this Agreement and all services to be provided hereunder, each parry shall be, and shall be deemed to be, an independent contractor and not a partner, agent, or employee of the other party. Neither parry shall have authority to make any statements, representations, nor commitments of any kind, or to take any action, which shall be binding on the other party, except as may be explicitly provided for herein or authorized by the other party in writing. XI. CANCELLATION REMEDIES A. If the Borough requests or is the primary cause of cancellation of any construction contracts entered into by the DOT&PF, the Borough shall be responsible for those costs not accepted for reimbursement by the FHWA, amounts the State of Alaska expects to be reimbursed for, and any other costs or expenses incurred by the Borough or the DOT&PF in the Project to the date of cancellation or related to finalizing cancellation and Project termination. B. If the DOT&PF is the primary cause of the cancellation, the DOT&PF shall bear those costs not accepted for reimbursement by FHWA, amounts the State of Alaska expects to be reimbursed for, and any other costs or expenses incurred by the Borough or the DOT&PF in the Project to the date of cancellation or related to finalizing cancellation and Project termination. FINAL date MOA between ADOTUF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 72 of 128 AGENDA ITEM #13.6.2. C. The foregoing remedies are in addition to any other remedies referenced in this MOA, and do not bar or limit the parties from resorting to any other remedy available at law or equity. XII. PENALTY FOR BREACH OF MAINTENANCE OBLIGATIONS A. Notification and Opportunity to Cure: If DOT&PF notifies the Borough in writing that it is in violation of any of the terms, conditions, or provisions of Section VI, VII, or VIII of this Agreement, the Borough shall have thirty (3 0) days from the date of such notification to remedy the violation; or, if the remedy will take in excess of thirty (30) days to complete, the Borough shall have thirty (30) days to commence implementation of a satisfactory remedy. Expiration of the thirty (30) days and failure by the Borough to remedy is a breach of this MOA. If the Borough is in substantial breach, DOT&PF may elect to terminate this MOA.I Failure to implement a satisfactory remedy may also result in the DOT&PF not considering any Borough contribution in evaluating the Borough's municipal capital improvement project nominations in the six years after breach (17 AAC 05.175(1)). I commented [Slane]: Penalties may delay any otner Projec s significantly. B. Remedies: In the event of breach of the Borough's obligations to own, maintain and operate the Project or the constructed improvements, damages shall include, but are not limited to: 1. Return of the state and federal funds expended on the Project under this MOA; 2. Reimbursement to the DOT&PF for any costs incurred by the DOT&PF which are directly or indirectly related to fulfilling any of the Borough's contractual commitments; and 31. Withholding of approval of future state or federal funded projects until such time as the Borough puts the Project in a state of compliance with this MOA. commented [Slav]: This could be a significant Penalty. XIII. MISCELLANEOUS PROVISIONS A. Amendment or modification of Agreement: This MOA may only be modified or amended by written agreement signed by authorized representatives for both Parties. B. The Whole Agreement: This MOA constitutes the entire agreement between the Parties. There are no other understandings or agreements between the Parties, either oral or memorialized in writing, regarding the matters addressed in this MOA. This MOA may not be amended by the Parties unless an amendment is agreed to in writing with the both Parties signing through their authorized representatives. C. Assignment: Without the written consent of the DOT&PF, this MOA is not assignable by FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 73 of 128 the Borough either in whole or in part. D. Third Parties and Responsibilities for Claims: Nothing in this MOA shall be construed as conferring any legal rights, privileges, or immunities, or imposing any legal duties or obligations, on any person or persons other than the Parties named in this MOA, whether such rights, privileges, immunities, duties or obligations be regarded as contractual, equitable, or beneficial in nature as to such other person or persons. Nothing in this MOA shall be construed as creating any legal relations between the DOT&PF and any person performing services or supplying any equipment, materials, goods, or supplies for the Project. E. Duty of Cooperation: Each party agrees to provide reasonable access to the Project and to relevant Project records, to any authorized representatives of the other party or U.S. Government. The Borough and DOT&PF further agree to cooperate in good faith with inquiries and requests for information relating to the Project or its obligations under this MOA. F. Necessary Approvals: In the event that any election, referendum, ordinance, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Borough to enter into this MOA or to undertake the Project, or to observe, assume or carry out any of the provisions of the MOA, the Borough will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. G. Joint Drafting: This MOA has been jointly drafted by the Parties, and each parry has had the ability and opportunity to consult with its legal counsel prior to signature. The MOA shall not be construed for or against either party. K. Third Party Beneficiary Status: The Borough is not an intended beneficiary of any contracts between the DOT&PF and any contractors, subcontractors or consultants or any other third parties, and has no contractual rights with respect to such contracts or any provisions thereof, unless expressly stated otherwise. XIV. CONTACTS For DOT&PF, Southcoast Region — Desien Phase: Kirk Miller, Design Group Chief Email: kirk.milleraalaska.gov Telephone: (907) 465-4443 Construction Phase: Chris Goins, Construction Chief Email: chris. og insna,alaska.gov Telephone: (907) 465-8884 FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 74 of 128 Or other representatives as designated in writing. For the Borough: Michael Powers, Borough Manager Kodiak Island Borough Email: mpowers@kodiakak.us Telephone: (907) 486-9302 Or other representative as designated in writing. XV. ATTACHMENTS Appendix A: Scope, Schedule, Estimate Preliminary Drawings (13 Pages) Draft Right of Way Exhibit (1 Page) FINAL date MOA between ADOTUF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 75 of 128 AGENDA ITEM #13.6.2. The undersigned agree to the terms of this Memorandum of Agreement: STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Dated: By: D. Lance Mearig, P.E. Regional Director, Southcoast Region SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Sara Brown, who is Regional Director for the Southcoast Region of the Alaska Department of Transportation & Public Facilities, an agency established under Alaska law, on this day of 2016. Notary Public, State of Alaska My commission expires: KODIAK ISLAND BOROUGH Dated: By: Michael Powers Borough Manager, Kodiak Island Borough SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Bud Cassidy, who is the Borough Manager of the Kodiak Island Borough, a municipality established under Alaska law, on this day of , 2016. Notary Public, State of Alaska My commission expires: FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 14 Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 76 of 128 ACKNOWLEDGMENT OF THE KODIAK ISLAND BOROUGH ASSEMBLY BE IT REMEMBERED that on the day of , 20 at a regular meeting, of the Kodiak Island Borough, a municipality established under Alaska law, granted its approval of the foregoing instrument. Clerk, Kodiak Island Borough _4 IN FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer AGENDA ITEM #13.6.2. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 77 of 128 AGENDA ITEM #13.6.2. Otmeloi Way Reconstruction & Transfer Project State Project No.: 68713 Appendix A Scope, Schedule, Estimate Scope This project will reconstruct approximately one mile of Otmeloi Way (milepoint 0 to 0.8). Road improvements will include grading, drainage, paving, and construction of pedestrian facilities. Realignment and lighting will be included as needed. Upon completion, ownership and maintenance responsibility for Otmeloi Way and associated facilities will be transferred to the Kodiak Island Borough. To complete a safer route to school DOT&PF will reconstruct approximately 500 -foot portion of Borough owned Mallard Way from Otmeloi Way to the North Star Elementary School as part of this project. FINAL date MOA between ADOTUF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 78 of 128 AGENDA ITEM #13.6.2. STIP Schedule This project was awarded federal funding through the Community Transportation Program at a committed match rate of 36.8%. Funding was approved and programmed via Amendment 1 to the 2020-2023 STIP. Ph Fund FFY20 FFY21 FFY22 FFY23 After 2023 2 OSF 0 0 184,000 0 2 STP 0 0 316,000 0 3 OSF 0 0 158,240 0 3 STP 0 0 271,760 0 4 OSF 0 0 0 2,097,600 4 STP 0 0 0 3,602,400 7 OSF 0 0 0 257,60 0 7 STP 0 0 0 442,400 Totals: Funds expended to December 21, 2020: $625,568.84 PROJECT SCOPE, SCHEDULE, AND ESTIMATE APPROVED BY THE FOLLOWING PROJECT CONTACTS: Alaska Department of Transportation and Public Facilities Date: By: Marie Heidemann, Juneau Field Office Chief, Division of Planning and Program Development Kodiak Island Borough Date: By: Michael Powers, Borough Manager FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 17 Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... 0 0 930,000 6,400,000 0 Page 79 of 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AGENDA ITEM #13.6.2. Introduced by: Borough Manager's Office thru the Mayor Drafted by: Special Projects Support Introduced on: 01/21/2021 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2021-29 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH Authorizing A Memorandum Of Agreement With The Alaska Department Of Transportation & Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project WHEREAS, Otmeloi Way is a road located in Kodiak Island Borough, owned by the State of Alaska and maintained by the Alaska Department of Transportation and Public Facilities (DOT&PF); and WHEREAS, Kodiak Island Borough Resolution No. 97-05 declared a willingness to accept maintenance and operation responsibility for Otmeloi Way when it is improved by the State of Alaska to Kodiak Island Borough (road) standards; and WHEREAS, a 2005 State Legislative Grant provided $3,300,000 for road reconstruction and improvements within the Otmeloi Way Rehabilitation project, which would result in the transfer of ownership of the road to the Kodiak Island Borough. A reconnaissance study and planning and design were initiated with a portion of this grant funding; and WHEREAS, the October 4, 2016 local election included a proposition for altering the boundaries of Road Service Area No. 1 to include Otmeloi Way so that the Borough would have the power to maintain the road should ownership be assumed; and this proposition passed; and WHEREAS, Kodiak Island Borough Resolution No. FY2019-23 authorized the Manager to submit an application to the DOT&PF for use of Community Transportation Program funds for the Otmeloi Way Rehabilitation project, which would use the balance of the State grant funds as a match for requesting federal funds to fully fund the project cost; and WHEREAS, in 2020, the DOT&PF Community Transportation Program Project Evaluation Board awarded federal funding to the project; and WHEREAS, a Memorandum of Agreement with the DOT&PF must be executed for the federal funds to be obligated to the project, and to facilitate the planning, design, and construction necessary to complete the project; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: the Kodiak Island Borough Manager is authorized to enter into a Memorandum of Agreement with the Alaska Department of Transportation and Public Facilities for construction of the Otmeloi Way Rehabilitation Project. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021. Kodiak Island Borough, Alaska Resolution No. FY2021-29 Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 80 of 128 AGENDA ITEM #13.6.2. 54 KODIAK ISLAND BOROUGH 55 56 ATTEST: 57 58 William Roberts, Mayor 59 Alise L Rice, Borough Clerk 60 61 VOTES: 62 Ayes: 63 Noes: Kodiak Island Borough, Alaska Resolution No. FY2021-29 Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 81 of 128 AGENDA ITEM #13.6.2. From: Scott Brandt -Erichsen To: Dave Conrad Cc: Michael Powers Subject: RE: Kodiak Otmeloi Project Agreement Date: Wednesday, January 13, 2021 1:39:09 PM Attachments: DOT P01icv 09 01 040.odf Dave, These changes generally work in the Borough's favor. I suggest we advise her to go ahead and incorporate the language and to send it along with our redline to their AAG. For reference I am attaching the DOT policy she references. Of particular interest is the table at the end and where this project would fall. Do I understand correctly that this is one qualifying for the 100% DOT match? Scott A Brandt -Erichsen Keene & Currall, P.P.C. Currall Office Building 540 Water Street, Suite 302 Ketchikan, Alaska 99901 Telephone: (907) 225-4131 Direct: (907) 228-0504 Facsimile: (907) 225-0540 Toll Free within Alaska 866-719-5687 Direct email: s.brandt-erichsen@keenecurrall.com This communication is confidential and intended to be protected by the attorney-client privilege and the attorney work product doctrine. The information transmitted is intended only for the use of the individual(s) named above. If you are not the intended recipient of the transmitted information, you are hereby notified that disclosing, copying, distributing, or taking action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, notify the sender and then delete the information. -----Original Message ----- From: Dave Conrad <dconrad@kodiakak.us> Sent: Wednesday, January 13, 2021 12:30 PM To: Scott Brandt -Erichsen <s.brandt-erichsen@keenecurrall.com> Cc: Michael Powers <mpowers@kodiakak.us> Subject: Fwd: Kodiak Otmeloi Project Agreement Scott here is the reply from ADOT. Please look over the language suggested. I am surprised the old MOA was not updated. Thanks. Get Outlook for iOS<h11ps://aka.ms/o0ukef> From: Heidemann, Marie E (DOT) <marie.heidemann@alaska.gov> Sent: Wednesday, January 13, 2021 9:31 AM To: Meagan Christiansen Cc: Dave Conrad; Michael Powers (mpowers876@hotmail.com); McNally, Chrissy A (DOT); Moulton, Marcheta A (DOT) Subject: RE: Kodiak Otmeloi Project Agreement Hi Meagan, It is possible for us to request more federal funding. If it is reasonable and necessary to complete the project scope (not additional scope), then I'd expect that it would be approved. Those additional funds would need to be matched. Here is some language that was recommended for use in our CTP project agreements. It wasn't incorporated into the Otmeloi MOA as we were working from a previous MOU that had been established for this project prior to the CTP. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 82 of 128 AGENDA ITEM #13.6.2. In hindsight, I think we may want to include it. It would provide for the opportunity to request less match via a Commissioner's match waiver, if there is not sufficient funding for match when we get to Phase 4 obligation. I believe you would have exceptional circumstances given the high share of match funds already committed to the project (if consider also all funds spent to date, then would result in an even higher share). Local Contribution The Project Sponsor is expected to maintain the Local Contribution through the life of the project, including increases that result from changes in total project cost, in accordance with DOT&PF Policy and Procedure 09.01.040. This project's Local Contribution is committed at 36.8%. P&P 09.01.040 requires the Project Sponsor to provide cash contributions prior to the start of each phase in accordance with the project schedule. Before requesting Advance to Proceed (ATP) for phase 4, an assessment of the Project Sponsor's ability to maintain the Local Contribution is required. Contingency Funds A 50% contingency must be provided prior to design completion and a 15% contingency applies after completed design. The contingency funds will be calculated from the minimum federally required matching rate based upon the Federal -aid program from which the project receives funding. (we already have all of the state funds for this project, so this would be no change) Revisions to Local Contribution If at any time, the Project Sponsor determines they will be unable to continue to maintain the Local Contribution at the committed matching rate, the Project Sponsor must notify the department prior to initiation of the subsequent project phase. A match waiver, signed by the Commissioner, is required for any decrease to the matching share. The exemption template included with P&P 09.01.040 is the required format. The Commissioner's decision is final and will indicate whether the decision is subject to penalties described in 17 AAC 05.175 (1) for a breach of an agreement. Exemptions are expected to be infrequent, well documented and based on exceptional circumstances. Let me know if you agree with adding this language. I can add it and then have legal review the document again with your red -line edits and comments. Thanks, Marie Heidemann Juneau Field Office Planning Chief Statewide Program Development and Planning Alaska DOT&PF 907-465-4477 From: Meagan Christiansen <mchristiansen@kodiakak.us> Sent: Tuesday, January 12, 20212:56 PM To: Heidemann, Marie E (DOT) <marie.heidemann@alaska.gov> Cc: Dave Conrad <dconrad@kodiakak.us>; Michael Powers (mpowers876@hotmail.com) <mpowers876@hotmail.com> Subject: RE: Kodiak Otmeloi Project Agreement Hello Marie, Our primary concern with this MOA is the requirement for the Borough to cover any shortfall's should the current state and federal funding not be sufficient to complete the project. The basis of this project is that the State would Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 83 of 128 AGENDA ITEM #13.6.2. rehabilitate the road to a current road standard, in this case it appears to be federal standard, and then the Borough would assume ownership and maintenance. The Borough is interested in working cooperatively with the State for timely proceeding however it is difficult to agree to a responsibility to fund open ended cost overruns. Our attorney has recommended adding item III.C.12 in the attached review of the MOA and we would like to work with you on including that language. Please let us know what the next steps will be. Thank you, Meagan From: Heidemann, Marie E (DOT) <marie.heidemann@alaska.gov<mailto:marie.heidemann&alaska.gov>> Sent: Tuesday, January 5, 20212:51 PM To: Michael Powers <mpowers@kodiakak.us<mailto:mpowers&kodiakak.us >; Meagan Christiansen <mchristiansen@kodiakak.us<mailto:mchristiansenkkodiakak.us>>; Dave Conrad <dconrad@kodiakak.us<mailto:doonrad&kodiakak.us > Cc: Moulton, Marcheta A (DOT) <marcheta.moulton@alaska.gov<mailto:marcheta.moultonna alaska.eov>>; Miller, Kirk D (DOT) <kirk.miller@alaska.gov<mailta.kirk.miller4alaska.gov>> Subject: FW: Kodiak Otmeloi Project Agreement Importance: High Michael, Meagan, Dave, I have been advised that Page 2 of the MOA Plans is thought to be the ROW exhibit that was referenced in the MOA. This explains why the draft originally said the MOA plans were 12 pages (not 13) and the ROW exhibit 1 page. Together they are 13.1 will edit the MOA to reflect one appendix document that includes both preliminary ROW exhibit and Planset. Meagan has sent me a resolution and let me know that the project will also return to the assembly this month. This leaves me with all the pieces I needed. Please let me know when you are completed with your review and ready for me to create a signature ready MOA document. Marie Heidemann Juneau Field Office Planning Chief Statewide Program Development and Planning Alaska DOT&PF 907-465-4477 From: Heidemann, Marie E (DOT) Sent: Tuesday, December 29, 2020 1:15 PM To: mpowers@kodiakak.us<mailto:mnowersekodiakak.us> Cc: Marshall, Amber D (DOT) <amber.marshall@alaska.gov<mailto:amber.marshall&alaska.gov>>; Miller, Kirk D (DOT) <kirk.miller@alaska.gov<mailto:kirk.millerna.alaska.eo >>; Moulton, Marcheta A (DOT) <marcheta.moulton@alaska.gov<mailto: marcheta.moulton&alaska.gov>>; dconrad@kodiakak.us<mailto:dconrad&kodiakak.us> Subject: FW: Kodiak Otmeloi Project Agreement Importance: High Michael, I received your out of office message indicating you are out until January 15, which will likely make it difficult for you to review and respond by January 15. Let's move the response date to end of the month, Friday January 29th. I'm also cc'ing your administrative officer Dave Conrad, in case there is anything he can do to facilitate review in your absence. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 84 of 128 AGENDA ITEM #13.6.2. Hope you are enjoying a nice vacation. Marie Heidemann Juneau Field Office Planning Chief Statewide Program Development and Planning Alaska DOT&PF 907-465-4477 From: Heidemann, Marie E (DOT) Sent: Tuesday, December 29, 2020 1:01 PM To: mpowers@kodiakak.us<mailto:mpowers&kodiakak.us> Cc: Moulton, Marcheta A (DOT) <marcheta.moulton@alaska.gov<mailto:marcheta.moultonnalaska.eov»; Miller, Kirk D (DOT) <kirk.miller@alaska.gov<mailtozkirk.miller &alaska.gov>>; Marshall, Amber D (DOT) <amber.marshall@alaska.gov<mailto: amber.marshallna.alaska. gov» Subject: Kodiak Otmeloi Project Agreement Importance: High Michael, As mentioned in our previous email exchange, the project agreement on file for the Kodiak Otmeloi Project required an update. The project agreement previously made mention to Illustrative funding in the Statewide Transportation Improvement Program; however, the project has since moved through the Community Transportation Program and has been awarded federal funds by the Project Evaluation Board. This change has a couple of important implications to the project: - The project is fully funded! - The remaining state funds will now be used as matching funds for the project. - Upon initiation of this agreement, the DOT&PF will request federal funding authorization and begin spending federal funds. - If the project is cancelled, there may be a requirement to pay back the federal funds. I have removed all references to Illustrative funding from the project agreement and have added language to address the above bullet points. Two remaining items: There is reference to three appendices; however, I am still working to locate the third — Right of Way exhibit. I'll send it as soon as I have it, likely when folks return from holiday. There is reference to a Kodiak Resolution in support of the project. I need a copy of this resolution from you, so that I can insert that reference. Please review carefully. After you have reviewed and provided the resolution, I will prepare a signature ready document for DOT&PF and Kodiak Borough to sign. Because we now have federal funding available to the project, we do want to move expeditiously. Please review and respond by Friday January 15, or let me know if you need more time. Thanks much! I hope you are enjoying this holiday season. Marie Heidemann Juneau Field Office Planning Chief Statewide Program Development and Planning Alaska DOT&PF 907-465-4477 Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Al... Page 85 of 128 AGENDA ITEM #13.6.3. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 ASSEMBLY REGULAR MEETING D�.' �w ' SUBJECT: Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For The Bayside Volunteer Fire Station And Womens Bay Volunteer Fire Station. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to approve Resolution No. FY2021-35. DISCUSSION: Volunteer Fire Assistance (VFA) funds provide assistance in training, equipment purchases, and prevention activities, on a cost share basis. The assistance is provided to increase firefighter safety, improve the firefighting capabilities of rural volunteer fire departments, and enhance protection in the urban-wildland interface. Only fire departments with a service area of less than 10,000 people and registered with the State Fire Marshall are eligible. An application for Volunteer Fire Assistance was submitted to the USDA Forest Service through the State of Alaska, Division of Forestry, on behalf of the Bayside Volunteer Fire Station and Womens Bay Volunteer Fire Station. Grant monies of $4,500 have been award for the Bayside Volunteer Fire Station and $4,350.06 for the Womens Bay Volunteer Fire Station. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For ... Page 86 of 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.6.3. Introduced by: Borough Manager's Office thru the Mayor Drafted by: Engineering and Facilities Director Introduced on: 03/18/2021 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2021-35 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING VOLUNTEER FIRE ASSISTANCE GRANTS FOR THE BAYSIDE AND WOMENS BAY FIRE STATIONS WHEREAS, the Volunteer Fire Assistance program is available from the USDA Forest Service through the State of Alaska, Division of Forestry; and WHEREAS, Volunteer Fire Assistance (VFA) funds provide assistance in training, equipment purchases, and prevention activities, on a cost share basis. The assistance is provided to increase firefighter safety, improve the firefighting capabilities of rural volunteer fire departments, and enhance protection in the urban-wildland interface.; and WHEREAS, only fire departments with a service area of less than 10,000 population and registered with the State Fire Marshall are eligible: and WHEREAS, an application for Volunteer Fire Assistance was submitted on behalf of the Bayside and Womens Bay fire stations; and WHEREAS, grants for each organization have been awarded. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: The Kodiak Island Borough accepts a $4,500 grant award for the Bayside Fire Station and a $4,350.06 for the Womens Bay Fire Station from the State of Alaska Division of Forestry Volunteer Fire Assistance grant program. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Alise L Rice, Borough Clerk Resolution No. FY2021-35 Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For ... Page 87 of 128 AGENDA ITEM #13.6.3. KODIAKISLAND BOR OUGH Engineering & Facilities Department MEMORANDUM DATE: 3/11/2021 TO: Mayor William Roberts, Kodiak Island Borough Assembly, Manager Powers FROM: David Conrad, E/F Director RE: Resolution FY2021-35 Volunteer Fire Assistance Grant, USDA Forest Service — State of Alaska Department of natural Resources Division of Forestry 2021 Volunteer Fire Assistance Grant The Bayside Volunteer Fire Department and the Womens Bay Volunteer Fire Department both are participants in a Cooperative Fire Service Agreement with the State of Alaska Division of Forestry which allows for cooperators in good standing to apply for grant funding opportunities when funding is available. As both departments are in good standing, grant requests were prepared and submitted by Chief Chris Smith and Chief Conrad respectively for wildland firefighting equipment replacement or upgrade. Grant applications are submitted, reviewed, and evaluated for award by the Division of Forestry. This funding cycle both departments were awarded grant funds as requested by their submissions. These grants are currently limited to $5000.00 per department. The Division of Forestry provides a match up to 90% with 10% of the total project cost matched by the applicant department. The Bayside Volunteer Fire Department has been granted $4500.00 and has the matching funds available in their current operating budget. Womens Bay Volunteer Fire Department has been granted $4350.06 and has the matching funds available in their current operating budget. The departments are requesting consideration for the acceptance of the grant funding and authorization of Resolution Number FY2021-35 by the assembly. If there are questions or you require additional information, please contact me at your convenience. Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For ... Page 88 of 128 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code, Title 4, Service Areas Pertaining To Certain Exemptions For Road Maintenance Services For Properties Along State Roads. ORIGINATOR: Duane Dvorak RECOMMENDATION: Move to advance Ordinance No. FY2021-29 to public hearing at the next Regular Meeting of the Assembly on Thursday, April 1, 2021. DISCUSSION: This ordinance will effect the following code sections and corresponding service area boards. • Womens Bay Service Area, Chapter 4.50, Section 4.50.015 Service area exemptions. • Monashka Bay Road Service Area, Chapter 4.60, Section 4.60.015 Service area exemptions. • Service Area No. 1, Chapter 4.70, Section 4.70.015 Service area exemptions. • Bayview Road Service Area, Chapter 4.90, Section 4.90.015 Service area exemptions. Kodiak Island Borough adopted KIB Ordinance No. 97-28, which provided the borough mayor discretion to exempt certain properties within established road service areas, lying along state road rights-of-way exclusively, from paying the established road service area assessment upon a determination that the properties did not receive any service. This ordinance was subsequently amended by KIB Ordinance No. 98-04, in order to reflect the borough's transition from the Strong Mayor Form of government to the manager form of government. Exempting said properties from tax levy by ordinance alone, and at the discretion of the borough manager solely, provides for a property tax exemption not authorized by state law and constitutes a defacto amendment of the road service area boundary without the required election process prescribed under KIB Code Chapter 4.05, Formation and Modification of Service Areas It is inequitable to consider the owners of exempted properties along state roads as fully empowered members of the service area, as originally voted on at the formation of said service areas, when they are eligible to run for elected service area board seats when they do not appear to have a vested interest in the levels of service to be provided and the determination of the appropriate level of taxation for such services Even though they may not receive a direct service for road maintenance, the property owners along state roads may receive some benefit from the construction and maintenance of nearby and surrounding borough roads which may provide more efficient access to their property, provide drainage improvements to or from the contiguous vicinity, local road access for the cost effective delivery of other desirable services in the general area, such as for heating fuel, electricity, communications, water and sewer utilities, and improved emergency response access. Other indirect benefits may also accrue to the land owners along state roads provided by the detour around occasional blockage of state roads due to road maintenance, disaster or other utility construction or maintenance without the ability to deliver road services to areas not fronting state Kodiak Island Borough Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 89 of 128 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT .;}. MARCH 18, 2021 ' ASSEMBLY REGULAR MEETING rights-of-way the owners of land fronting on state rights-of-way would be less able to develop their lands behind the state road frontage, to the detriment of both the land owners along state roads and the community as a whole. If the Assembly determines that these parcels are not benefitted from the service area services and the service area boundaries should be altered to remove the parcels, then the process in KIBC 4.05 may be followed and a vote on the issue held in the appropriate area affected to ratify an ordinance altering the service area boundaries. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 90 of 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #13.C.1. Introduced by: Assembly Member Dvorak thru the Mayor Drafted by: Borough Attorney and Assembly Member Dvorak Introduced on: 03/18/2021 Public Hearing Date: 00/00/2021 Adopted on: 00/00/2021 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2021-29 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REPEALING SECTIONS OF KODIAK ISLAND BOROUGH CODE, TITLE 4, SERVICE AREAS PERTAINING TO CERTAIN EXEMPTIONS FOR ROAD MAINTENANCE SERVICES FOR PROPERTIES ALONG STATE ROADS. WHEREAS, the Kodiak Island Borough adopted KIB Ordinance No. 97-28, which provided the borough mayor discretion to exempt certain properties within established road service areas, lying along state road rights-of-way exclusively, from paying the established road service area assessment upon a determination that the properties did not receive any service; and, WHEREAS, the said ordinance was subsequently amended by KIB Ordinance No. 98-04, in order to reflect the borough's transition from the Strong Mayor Form of government to the manager form of government; and, WHEREAS, exempting said properties from tax levy by ordinance alone, and at the discretion of the borough manager solely, provides for a property tax exemption not authorized by state law and constitutes a defacto amendment of the road service area boundary without the required election process prescribed under KIB Code Chapter 4.05, Formation and Modification of Service Areas; and, WHEREAS, it is inequitable to consider the owners of exempted properties along state roads as fully empowered members of the service area, as originally voted on at the formation of said service areas, when they are eligible to run for elected service area board seats when they do not appear to have a vested interest in the levels of service to be provided and the determination of the appropriate level of taxation for such services; and, WHEREAS, even though they may not receive a direct service for road maintenance, the property owners along state roads may receive some benefit from the construction and maintenance of nearby and surrounding borough roads which may provide more efficient access to their property, provide drainage improvements to or from the contiguous vicinity, local road access for the cost effective delivery of other desirable services in the general area, such as for heating fuel, electricity, communications, water and sewer utilities, and improved emergency response access; and, WHEREAS, other indirect benefits may also accrue to the land owners along state roads provided by the detour around occasional blockage of state roads due to road maintenance, disaster or other utility construction or maintenance; and, Kodiak Island Borough, Alaska Ordinance No. FY2021-29 Page 1 of 3 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 91 of 128 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #13.C.1. WHEREAS, without the ability to deliver road services to areas not fronting state rights-of-way the owners of land fronting on state rights-of-way would be less able to develop their lands behind the state road frontage, to the detriment of both the land owners along state roads and the community as a whole; and, WHEREAS, if the Assembly determines that these parcels are not benefitted from the service area services and the service area boundaries should be altered to remove the parcels, then the process in KIBC 4.05 may be followed and a vote on the issue held in the appropriate area affected to ratify an ordinance altering the service area boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of general application and shall be codified. Section 2: That section 4.50.015 of the Kodiak Island Borough Code of Ordinances is re- pealed. This section pertains to the Womens bay Service Area and currently reads: 4.50.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state - maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. Section 3: That section 4.60.015 of the Kodiak Island Borough Code of Ordinances is re- pealed. This section pertains to the Monashka Bay Road Service Area and currently reads: 4.60.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state - maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. Section 4: That section 4.70.015 of the Kodiak Island Borough Code of Ordinances is repealed. This section pertains to the Service Area No. 1 and currently reads: 4.70.015 Service area exemptions. Kodiak Island Borough, Alaska Ordinance No. FY2021-29 Page 2 of 3 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 92 of 128 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 AGENDA ITEM #13.C.1. Parcels abutting state -maintained roads whose only access is on a state - maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. Section 5: That section 4.90.015 of the Kodiak Island Borough Code of Ordinances is re- pealed. This section pertains to the Bay View Road Service Area and currently reads: 4.90.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state - maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. This ordinance shall become effective as provided in KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2021. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Alise L. Rice, Borough Clerk Ordinance No. FY2021-29 Page 3 of 3 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 93 of 128 AGENDA ITEM #13.C.1. Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Borough Clerk Introduced: 12/04/97 Amended: 12118/97 Public Hearing: 12118/97 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. 97-28 AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 4 SERVICE AREAS CHAPTER 4.60 MONASHKA BAY ROAD SERVICE AREA, CHAPTER 4.70 SERVICE DISTRICT NO. 1, AND CHAPTER 4.90 BAY VIEW ROAD SERVICE AREA TO ADD SECTIONS 4.60.015, 4.70.015, AND 4.90.015 SERVICE EXEMPTIONS TO REFLECT AN EXEMPTION FOR STATE ROAD ACCESS FOR PARCELS NOT RECEIVING ANY BENEFIT FROM ROAD CONSTRUCTION AND MAINTENANCE WHEREAS, property owners in the Monashka Bay Road Service Area, Service District No. 1 , and Bay View Road Service Area who access their parcels by a state road with no access to or potential use of any service area maintained road; and WHEREAS, the property owners have requested their parcels be exempted from road construction and maintenance and the taxation to provide these services since they receive no service; and WHEREAS, the mayor has reviewed the access available to the parcels and determined that the parcels received no benefits from the road services; and WHEREAS, the parcels would continue to receive fire protection and the taxation to provide this service which they do receive; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the part of the Kodiak Island Borough Code of Ordinances. Section 2: Chapter 4.60 Monashka Bay Road Service Area of Title 4 Service Areas is hereby amended by adding Chapter 4.60.01 5 Service Area Exemptions: 4.60.015 Service Area Exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road where there is no potential use of service Kodiak Island Borough, Alaska Ordinance No. 97-28 Page 1 of 2 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 94 of 128 AGENDA ITEM #13.C.1. area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the mayor, or his designee, and is appealable to the assembly. Section 3: Chapter 4.70 Service District No. 1 of Title 4 Service Areas is hereby amended by adding Chapter 4.70.01 5 Service Area Exemptions: 4.70.015 Service Area Exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road where there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the mayor, or his designee, and is appealable to the assembly. Section 4: Chapter 4.90 Bay View Road Service Area of Title 4 Service Areas is hereby amended by adding Chapter 4.90.015 Service Area Exemptions: 4.90.015 Service Area Exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road where there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the mayor, or his designee, and is appealable to the assembly. Section 5: This ordinance shall take effect on the first day of January, 1998. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF DECEMBER, 1997 ATTEST: , Donna F. Smith, CMC/AAE, Borough Clerk KODIAK ISLAND BOROUGH Jer me rough Ma*r ( �L , a y tevens, Press ing Officer Kodiak Island Borough, Alaska Ordinance No. 97-28 Page 2 of 2 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 95 of 128 AGENDA ITEM #13.C.1. Introduced by: Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 04/07/98 Public Hearing: 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 4 SERVICE AREAS TO PROVIDE FOR THE CHANGE TO A MANAGER PLAN OF GOVERNMENT WHEREAS, the Kodiak Island Borough will revert to a manager plan of government on October 19, 1998; and WHEREAS, the governing body shall enact provisions for the reorganization of the municipal executive and administrative functions; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 4 Service Areas of the Kodiak Island Borough Code of Ordinances is amended as follows: 4.05.030 Initiation by petition. C. The clerk shall refer a sufficient petition to the [maye ]tnanager, who shall prepare and submit to the assembly an ordinance effecting the proposed action. 4.05.050 Standards for assembly action. B. No lot, tract or parcel shall be in more than one (1) service area of like 40'rvice proviiddd. SERVICE AREA BOARDS [ ] 4.15.010 Boards established. There shall be a board [o€ supervisors] for each service area ttr supervise the furnishing;gf special services In a service;area. The board [of supervisors shall have the powers and duties prescribed in chapter 4.20 of this title. 4.15.020 Composition, appointment, election, qualifications. A board [ ] shall consist of three (3) members, or more, as the assembly may determine by ordinance. The initial Kodiak Island Borough, Alaska Ordinance No. 98-04 Page 1 of 5 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 96 of 128 AGENDA ITEM #13.C.1. members of the board shall be appointed by the assembly to serve until the expiration of their terms as set forth in section 4.15.030 of this chapter. Thereafter, members of the board [e€ supervisors] shall be elected by the qualified voters within the service area at a regular election. Vacancies shall be filled by the candidate(s) receiving the highest number of votes cast for each seat. Each board member shall be qualified to vote within the borough and shall be a resident of the service area. 4 20e fl15 Fit ping; T.he assembly may .levy or ,authorize the "levying of taxes; ."G I epr, assesmehi sm, a,.service area to ";finance the, spetalrvrce,;; " If the°: assembly authoresJethe levying iif.faices, charges, or assesmetrts"� the ,rite of :taxation and the, issuance of bdtid$.e�' subjeict to assembly_approVal 4.20.020 Authority and duties of [mayer]tttanager. A. The []manager shall provide staff assistance to boards for the developing of service area work programs and budgets. B. Except as provided in any procedures adopted under subsection D of this section, the [mayor]manager shall execute the approved operating budget and capital budget for each service area, and direct and supervise the administration of all [bereugh] activities in the service area. C. In performing the duties in subsection B of this section, the [rnayer]manager shall adhere to the specifications and priorities in each adopted service area work program, subject to the availability of appropriated funds. D. The [mayo ]manager and a board may adopt, subject to assembly approval, procedures for the board to participate in developing contract specifications, contractor selection, and monitoring and supervising contractor performance, for contractors hired by the borough to perform services under service area budgets. 4.20.030 Authority and duties of boards. C. A board shall participate in the administration of services in its service area in accordance with procedures adopted under subsection 4.20.020(D) of this chapter and shall advise the [mayor]manager and assembly regarding the execution of the work program and budgets for its service area. 4.40.020 Methods of initiating district. An assessment district may be initiated by: A. Filing with the clerk [ ] a petition to form the district signed by the owners of more than one-half (1/2) in value of the property to be benefitted by the proposed improvement; or 4.40.030 Report by [mayor]manager. For every assessment district that is initiated, the [mayor ]ma#Ager shall report to the assembly regarding the need for, the desirable extent of, and the estimated cost of the proposed improvement. The [rxayer]mAftaW shall present the report to the assembly no later than the time of the public hearing on the proposed improvement. 4.40.070 Assessment roll. After the improvement has been completed, and the costs of the improvement determined, the [rnayer]mapager shall prepare an assessment roll for the district. Kodiak Island Borough, Alaska Ordinance No. 98-04 Page 2 of 5 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 97 of 128 AGENDA ITEM #13.C.1. The roll shall describe the properties to be assessed and name their owners in accordance with the current records of the assessor, and state the amount assessed against each property. EXCAVATION IN BOROUGH ROADS 4.45.010 Construction, repair, maintenance, and excavation in public streets. B. Application for such permit shall be made to the resource management officer, or [kis] authorized representative, on forms prescribed [lam], and shall: D. The resource management officer, or [kip] authorized representative, may waive the requirement to furnish a certificate of insurance if the applicant has a current certificate already on file with the borough. The insurance requirement may be waived for driveway or access construction from land abutting a public road unless such construction involves damage to the existing road surface or foundation. Otherwise, the insurance requirement cannot be waived. E. No permit shall be issued to any applicant until the applicant has deposited with the borough cash or a bond in an amount sufficient to accomplish the reconstruction hereafter required, as determined by the resource management officer or [kis-] authorized representative. The borough may, at its discretion, accept other sufficient security for the performance of said reconstruction. Such security deposit shall be held by the borough until satisfactory completion of such reconstruction. 4.50.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the []managex', or [Itis] designee, and is appealable to the assembly. 4.50.020 [Gen ssion]B6,rd. The Womens Bay service area [eommission board shall consist of seven (7) members. 4.60.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the [mayep]manager, or designee, and is appealable to the assembly. 4.60.020 [Eemtnission]Board. The Monashka Bay road service area [eetwrissio board shall consist of five (5) members. SERVICE [BISTRW—T]AREA NO. 1 4.70.010 Creation and powers. Service [distriet]area no. 1 is established pursuant to Ordinance No. 78-06-0 and encompasses the area described in that ordinance. Road construction and Kodiak Island Borough, Alaska Ordinance No. 98-04 Page 3 of 5 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 98 of 128 AGENDA ITEM #13.C.1. maintenance powers shall be provided in service [d-istriet]area no. 1. 4.70.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the [mayor]manager or [his] designee, and is appealable to the assembly. 4.70.020 [Eemntissien]Board. The service [distriet]area no. 1 [eatmnissiert]board shall consist of seven (7) members. 4.80.020 [Gonnitissien]p'-A d. The fire protection area no. 1 [eafttmissia ]board shall consist of five (5) members. 4.90.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the [mayor] manager, or designee, and is appealable to the assembly. 4.90.020 [Ee sAon]Boaird. The Bay View road service area [eommissien]boatd shall consist of five (5) members. 4.100.020 [Gonm'tission]Bgard. The Woodland Acres street light service area [eeruriss-ien]board shall consist of three (3) members appointed by the assembly. 4.110.010 Creation and powers. C. The service area no. 2 [eewArti s�]bbard shall consist of five (5) members appointed by the assembly. AIRPORT FIRE PROTECTION �E�]SERiCE AREA 4.120.010 Creation and powers. The airport fire protection [distriet]service,area is established ee pursuant to Ordinance No. 97-11-0 and encompasses the area described in that ordinance. Fire protection shall be provided in the airport fire protection [Bistriet]service area. 4.120.020 Board. The airport fire protection [distriet Advisefylsiervice area board [te]shall consist of five members and shall be appointed by the assembly. Section 3: Effective date. Section 2 of this ordinance shall become effective to be in full force and effect at midnight on October 18, 1998. Kodiak Island Borough, Alaska Ordinance No. 98-04 Page 4 of 5 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 99 of 128 AGENDA ITEM #13.C.1. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH Jero6-,46 M. Selby, goro Gary . Stev , Presiding Officer ATTEST: ) Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 98-04 Page 5 of 5 Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 100 of 128 Kodiak Island Borough Code Chapter 4.50 WOMENS BAY SERVICE AREA Chapter 4.50 WOMENS BAY SERVICE AREA Sections: 4.50.010 Creation and powers. 4.50.015 Service area exemptions. 4.50.020 Board. AGENDA ITEM #13.C.1. Page 1,4 4.50.010 Creation and powers. The Womens Bay service area established pursuant to Ordinance No. 75-26-0 encompasses the area described in that ordinance. Road construction and maintenance powers shall be provided in the Womens Bay service area along with fire protection and first responder emergency medical services, at levels established by the assembly throuqh fiscal appropriations. [Ord. FY2008-05 §2, 2007; Ord. 91-11 §§2, 3, 1991]. 4.50.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 98-04 §2, 1998; Ord. 97-07 §2, 1997]. 4.50.020 Board. The Womens Bay service area board shall consist of seven members. [Ord. 98-04 §2, 1998; Ord. 91-11 §§2, 3, 1991; Ord. 85-23-0, 1985; Ord. 81-65-0,1981; Ord. 80-29-0 §1, 1980]. The Kodiak Island Borough Code is current through Ordinance 2021-26, passed January 21, 2021. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 101 of 128 Kodiak Island Borough Code Chapter 4.60 MONASHKA BAY ROAD SERVICE AREA Chapter 4.60 MONASHKA BAY ROAD SERVICE AREA Sections: 4.60.010 Creation and powers. 4.60.015 Service area exemptions. 4.60.020 Board. AGENDA ITEM #13.C.1. Page 2/4 4.60.010 Creation and powers. The Monashka Bay road service area is established pursuant to Ordinance No. 82-42-0 and encompasses the area described in that ordinance. Road construction and maintenance powers shall be exercised in the Monashka Bay road service area. [Ord. 91-11 §§2, 4, 1991]. 4.60.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 98-04 §2, 1998; Ord. 97-28 §2, 1997]. 4.60.020 Board. The Monashka Bay road service area board shall consist of five members. [Ord. 98-04 §2,1998; Ord. 91-11 §§2, 4, 1991; Ord. 82-42-0 §1, 1982]. The Kodiak Island Borough Code is current through Ordinance 2021-26, passed January 21, 2021. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 102 of 128 AGENDA ITEM #13.C.1. Kodiak Island Borough Code Page 3/4 Chapter 4.70 SERVICE AREA NO. 1 Chapter 4.70 SERVICE AREA NO. 1 Sections: 4.70.010 Creation and powers. 4.70.015 Service area exemptions. 4.70.020 Board. 4.70.010 Creation and powers. Service area No. 1 is established pursuant to Ordinance No. 78-06-0 and encompasses the area described in that ordinance. Road construction and maintenance powers shall be provided in service area No. 1. [Ord. 98-04 §2, 1998; Ord. 96-03 §§3, 4; Ord. 91-11 §§2, 5, 1991; Ord. 85-25-0, 1985; Ord. 80-29-0 §1, 1980; Ord. 78-6-0 §1, 1978; Ord. 77-35-0,1977; Ord. 68-24-0,1968; Ord. 64-3-0,1964]. 4.70.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road, and there is no potential use of service area roads for access within described boundaries of the service area, shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 98-04 §2, 1998; Ord. 97-28 §3, 1997]. 4.70.020 Board. The service area No. 1 board shall consist of seven members. [Ord. 98-04 §2, 1998; Ord. 91-11 §§2, 5, 1991]. The Kodiak Island Borough Code is current through Ordinance 2021-26, passed January 21, 2021. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 103 of 128 Kodiak Island Borough Code Chapter 4.90 BAY VIEW ROAD SERVICE AREA Chapter 4.90 BAY VIEW ROAD SERVICE AREA Sections: 4.90.010 Creation and powers. 4.90.015 Service area exemptions. 4.90.020 Board. AGENDA ITEM #13.C.1. Page UI 4.90.010 Creation and powers. The Bay View road service area is established pursuant to Ordinance No. 86-32-0 and encompasses the area described in that ordinance. Road construction and maintenance powers shall be exercised in the Bay View road service area. [Ord. 91-11 §§2, 7, 1991]. 4.90.015 Service area exemptions. Parcels abutting state -maintained roads whose only access is on a state -maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and is appealable to the assembly. [Ord. 98-04 §2, 1998; Ord. 97-28 §4, 1997]. 4.90.020 Board. The Bay View road service area board shall consist of five members. [Ord. 98-04 §2, 1998; Ord. 91-11 §§2, 7, 1991; Ord. 86-32-0 §1, 1986]. The Kodiak Island Borough Code is current through Ordinance 2021-26, passed January 21, 2021. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code... Page 104 of 128 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 r ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Robert Tucker. ORIGINATOR: Mitchell Davidson RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Robert Tucker to the Board of Equalization for a term to expire December 2023. DISCUSSION: Mr. Tucker currently serves on the Board of Equalization as an alternate. This appointment would place Mr. Tucker in a currently vacant seat with a term to expire December 31, 2023. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.010 Board, committee, and commission members subject to this chapter. All boards, committees, and commissions, with the exclusion of the board of equalization, service area advisory boards, the fisheries and oceanic research board, and the Kodiak workforce regional advisory council shall be governed by each of the provisions set forth in this chapter. [Ord. FY2011-04 §3, 2010]. 2.100.090 Applications The clerk shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk. [Ord. 87-29-0 §3, 1987. Formerly §2.39.090]. 2.100.040 Qualifications In addition to any other qualifications required by this code, a member: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. [Ord. 98-02 §8, 1998; Ord. 87-29-0 §3, 1987. Formerly §2.39.0401. 2.100.050 Terms The term of each member is three years. The terms of initial appointments shall be staggered so that, as nearly as possible, a pro rata number of members shall be appointed for each year during the regular term of office established for the members. The regular term shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st Kodiak Island Borough Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Ro... Page 105 of 128 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 A.ASSEMBLY REGULAR MEETING D�.' �w' 4-.. of the year the term expires. [Ord. 98-02 §8, 1998; Ord. 87-29-0 §3, 1987. Formerly §2.39.050]. 2.10.030 Compensation for regulatory and quasi-judicial boards and commissions. A. Members of regulatory and quasi-judicial boards and commissions shall receive compensation in the amount of $100.00 per meeting attended, with the exception of the planning and zoning commission, which shall receive $200.00 per month. Work sessions are not considered for compensation B. Regulatory and quasi-judicial boards and commissions include the planning and zoning commission, the board of equalization, and such others as the assembly may designate by ordinance. [Ord. FY2008-04 §2, 2007; Ord. 82-17-0, 1982; Ord. 78-23-0, 1978]. Kodiak Island Borough Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Ro... Page 106 of 128 AGENDA ITEM #13.D.1. Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, Board of Equalization or Committee applying for Designated seat or group Field not completed. representation (if applicable): Full Name Robert King Tucker Residence Address 3488 Woodland Drive Mailing Address PO Box 524 Email Address (This address will be used for correspondence) Home Phone Number (numeric only) btucker6l (cDhotmail.com 9075391051 Work Number (numeric only) 9075391051 Cell or Fax Number (numeric 9075391051 only) Employer/Occupation Retired RESIDENCY INFORMATION Length of residency in Kodiak 39 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Service Field not completed. Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on Yes other Boards, Commissions, or Committees? Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Ro... Page 107 of 128 AGENDA ITEM #13.D.1. If yes, which Alternate on the BOE Organizations you belong to Field not completed. or participate in Explain your main reason for I would like to give back to the community. I would like to make applying sure the community members get their opportunity to have their words heard. What background, experience, I have 10 years experience working for the Borough as the or expertise will you bring to the Engineering and Facility Director board/committee/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held regular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y N Applicant's Residence: Borough City Date of Appointment Term Expires On - Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File Email not displaying correctly? View it in your browser. Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Ro... Page 108 of 128 Name Mark Anderson (Chair) 1124 Stellar Way Kodiak, AK 99615 Ed Mahoney P.O. Box 2281 Kodiak, AK 99615 AGENDA ITEM #13.D.1. Kodiak Island Borough CITIZENS BOARD OF EQUALIZATION Term Home Phone Work Phone Cell Phone 2021 None (907) 481-1020 None 2021 (907) 486-1968 (907) 539-1234 (907) 539-1234 Email Address Mark.Anderson(aInrim.com builder(cDgci.net Grant Shields P.O. Box 651 2022 (907) 539-2663 (907) 486-4663 None grants()gci.net Kodiak, AK 99615 Bryan Ferris 3408 Harlequin Ct. 2023 None (907) 654-2813 None bferris(@alaska.net Kodiak, AK 99615 VACANT Two Alternates Robert Tucker P.O. Box 524 Kodiak, AK 99615 VACANT 2023 2022 (907) 539-1051 None None btucker61(aDhotmail.com PUY4c3 KIB Code Chapter 2.100, 2.100.030 Appointments Members of boards, committees, and commissions, except for members of the board of adjust- ment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. KIB Code Chapter 3.35, 3.35.050 Board of Equalization A. Membership — Qualification — Duties — Terms.1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. At least two alternate members shall be appoint- ed.2. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. Each member shall be a qualified voter of the borough and shall remain a resident of the borough while in office. Borough employees may be appointed to serve on the board of equalization unless they are employed by the finance or assessing departments.3. Duties. The board may determine equalizations on properties brought before the board by appellants. It shall only hear appeals for relief from an alleged error in valuation on properties before the board by an appellant.4. Terms of Office. Upon confirmation, members and alternate members shall serve for three years or until their successors are appointed and confirmed. Of the members initially appointed, two shall serve three-year terms, two shall serve two-year terms, and one shall serve a one-year term. Assessing Director, Seema Garoutte Borough Clerk, Alise Rice Assessing Department 710 Mill Bay Road, Room 228 Kodiak, Alaska 99615 (907) 486-9350 (907) 486-9310 Office of the Borough Clerk 710 Mill Bay, Room 234 Kodiak, Alaska 99615 sgaroutte kodiakak.us arice@kodiakak.us Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Ro... Page 109 of 128 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 18, 2021 ASSEMBLY REGULAR MEETING D�.' �w ' SUBJECT: Confirmation Of Mayoral Appointments To The Consolidation Committee City Representatives: Councilmember John Whiddon City Government Representative Seat, Mayor Pat Branson Alternate, And Deputy Manager Josie Bahnke City Manager Ex - Officio Member. ORIGINATOR: Mitchell Davidson RECOMMENDATION: Move to confirm mayoral appointments to the consolidation committee. DISCUSSION: The City of Kodiak has requested Councilmember John Whiddon, Mayor Pat Branson, And Deputy Manager Josie Bahnke for representation on the Consolidation Committee. Resolution No. FY2019-07 Section 1 Created Membership. The formation of the committee will consist of the following nine members: • 1 Borough government representative and 1 alternate • 1 City government representatives and 1 alternate • 1 Borough 2nd class city/village representative and one alternate • Up to 6 At -large members • The Borough Manager and City Manager, or their designees shall service as Ex -Officio members. Section 2: Organization. The chairperson shall be assigned by the Borough Mayor and the vice chairperson shall be elected by the committee. The chairperson shall report to the entire Assembly on behalf of the committee. Section 3: Appointments. The Mayor shall appoint the members of the committee subject to confirmation of the Assembly. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 110 of 128 AGENDA ITEM #13.D.2. Alise Rice Subject: FW: Creation of Consolidation Committee From: Shuravloff-Nelson, Michelle <mshuravloff-nelson@city.kodiak. a k.us> Sent: Friday, March 12, 20214:08 PM To: Alise Rice <arice@kodiakak.us> Cc: Clerks <Clerks@city.kodiak.ak.us> Subject: RE: Creation of Consolidation Committee Hi Alise, The City's representative for the Consolidation Committee is Councilmember John Whiddon with Mayor Pat Branson as the alternate. Deputy Manager Josie Bahnke will serve as the ex -officio. Michelle Shuravloff-Nelson, CMC City Clerk City of Kodiak, Clerk's Office 710 Mill Bay Road, Room 120 Kodiak, AK 99615 Phone: 907-486-8636 Fax: 907-486-8633 Email: mshuravloff-nelson@city.kodiak.ak.us Messages to and from this e-mail address may be available to the public under Kodiak City Code provisions and Alaska State Statutes. Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 111 of 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #13.D.2. Introduced by: Manager Powers Drafted by: Special Projects Support Introduced on: July 19, 2018 Adopted on: July 19, 2018 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2019-07 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING A CONSOLIDATION COMMITTEE WHEREAS, the October 4, 2016 local election included an advisory question on the ballot that asked, "Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island Borough and City of Kodiak into a single unit of government?"; and WHEREAS, the results of the advisory question were in favor with 1,235 Yes and 919 No votes; and WHEREAS, consolidating the Kodiak Island Borough and City of Kodiak into a single unit of government would require a petition to the Local Boundary Commission; and WHEREAS, the petition requires detailed information about how the two governments would be combined and the new government that would be formed; and WHEREAS, Resolution No. FY2018-25 approved the solicitation of proposals for research and analysis services for the possible consolidation of the City of Kodiak and Kodiak Island Borough governments, but there were no proposers; and WHEREAS, Assembly members have voiced agreement that a coordinated effort between the two local governments and members of the public is needed to gather information and propose a plan for consolidating the two governments, and prepare a petition to the Local Boundary Commission; and WHEREAS, the intent of this consolidation is to combine only the City of Kodiak and Kodiak Island Borough governments, leaving the island's second class cities powers and duties unaffected; and WHEREAS, the Assembly is creating a Consolidation Committee to prepare a draft petition that will address the details of consolidating the two local governments and forming a new Home Rule Borough and Charter; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that there is established a Kodiak Consolidation Committee. Kodiak Island Borough, Alaska Resolution No. FY2019-07 Page 1 of 2 Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 112 of 128 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #13.D.2. Section 1: Created Membership. The formation of the committee will consist of the following nine members.- 1 embers: 1 Borough government representative and 1 alternate 1 City government representatives and 1 alternate 1 Borough 2nd class city/village representative and one alternate Up to 6 At -large members The Borough Manager and City Manager, or their designees, shall serve as Ex -Officio members. Section 2: Organization. The chairperson shall be assigned by the Borough Mayor and the vice chairperson shall be elected by the committee. The chairperson shall report to the entire Assembly on behalf of the committee. Section 3: Appointments. The Mayor shall appoint the members of the committee subject to confirmation of the Assembly. Section 4: Powers and Duties. The responsibilities of the committee are to offer recommendations to the Assembly related to consolidating the Kodiak Island Borough and City of Kodiak governments into a new local government; and to prepare a draft petition for the Local Boundary Commission. The committee will meet regularly to research, discuss and recommend decisions regarding the details required for the consolidation of the Kodiak Island Borough and the City of Kodiak; and report periodically to the Assembly the findings of the committee. Section 5: Administrative Assistance. The Manager shall provide staff assistance to the committee including scheduling, meeting space, a work plan, preliminary research on topics of concern, and document creation/tracking/editing. Section 6: Reporting. The committee chairperson shall report to the Assembly during a public meeting. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF JULY, 2018. KODIAAKK%ISLAND BOROUGH ATTEST: �- Daniel A. Rohrer, Mayor Nova M. Javier, MMC,r rk VOTES: Ayes: Skinner, Smiley, Symmons, Crow, Schroeder Absent: Kavanaugh, Van Daele Kodiak Island Borough, Alaska Resolution No. FY2019-07 Page 2 of 2 Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 113 of 128 AGENDA ITEM #13.D.2. Borough Manager (or designee) City Manager (or designee) Borough Manager Mr. Michael Powers Deputy City Manager Ms. Josie Bahnke (831) 292-6855 mmpowers ankodiakak.us (907) 654-4474 Ibahnke ancity.kodiak.ak.us Revision Date: 3/16/2021 Revised by: AR Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 114 of 128 KODIAK ISLAND BOROUGH KODIAK CONSOLIDATION COMMITTEE NAME PHONE EMAIL Borough Government Assembly Member Representative Ms. Julie Kavanaugh (907) 942-0058 Julie.kavanaugh(a)kibassembly.org Alternate Assembly Member Mr. James Turner (206) 316-0482 james.turner(Dkibassembly.org City Government Councilmember Representative Mr. John Whiddon (907) 942-4650Iwhiddon(aDcity.kodiak.ak.us Alternate Mayor Pat Branson (907) 539-5720 pbranson()city.kodiak.ak.us Borough 2nd Class City City of Port Lions Village Representative Mayor Dorinda Kewan (907) 454-2420 cityofportlions(a�gmail.com Alternate City of Ouzinkie Mr. Joe Delgado (907) 512-7508 Idelroads(agmail.com At -Large Ms. Jennifer Culbertson (907) 512-6380 inezien(a)hotmail.com At -Large Mr. Jared Griffin (907) 942-1903 griffinlared1(a)gmail.com At -Large Mr. Tyler Kornelis (907) 654-5620 tvkornelis(a)amail.com At -Large Mr. Justin Thran (775) 790-4551 0ustin.thran(a)hotmail.com At -Large Mr. Roy Thomas (907) 942-7163 roythomas(a)acsalaska.net At -Large Mr. Paul Van Dyke (907) 942-2904 kodpvd(a-)gmail.com Ex -Officio, Non Voting Borough Manager (or designee) City Manager (or designee) Borough Manager Mr. Michael Powers Deputy City Manager Ms. Josie Bahnke (831) 292-6855 mmpowers ankodiakak.us (907) 654-4474 Ibahnke ancity.kodiak.ak.us Revision Date: 3/16/2021 Revised by: AR Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 114 of 128 AGENDA ITEM #13.D.2. SPECIAL PROJECTS SUPPORT, MEAGAN CHRISTIANSEN 486-9303 mchristansen@kodiakak.us ADMINISTRATIVE ASSISTANT, LISA ZEIMER 486-9301 Izeimer(a)kodiakak.us OFFICE OF THE BOROUGH MANAGER 710 MILL BAY ROAD ROOM 125 NOTE: This board is governed by KIBC 2.100 Per KIBC 2.100.170 An ex officio member is not entitled to vote on any question nor is an ex officio member a member for the purpose of establish- ing a quorum. Revision Date: 3/16/2021 Revised by: AR Confirmation Of Mayoral Appointments To The Consolidation Committee City... Page 115 of 128 AGENDA ITEM #13.D.3. To: President Biden, Gina McCarthy, National Climate Task Force and Climate Innovation Working Group Re: Climate Change Policy and Alaska Fishing Communities Thank you for your recent Executive Order on "Tackling the Climate Crisis at Home and Abroad" as well as the March 3rd action by NOAA soliciting "Recommendations on how to make fisheries and protected resources more resilient to climate change, including changes in management and conservation measures, and improvements in science, monitoring, and cooperative research". Alaskan fishermen know climate change is real and that we have to address it now. The undersigned organizations would like to step forward as key stakeholders to work with your Administration as you move forward the directives of the Climate Executive Order in Alaska. These signatories are members of the Alaska Fishing Communities (AFC) coalition a broad network of communities, boroughs, harvesters, recreational anglers, tribal members, and Community Development Quota (CDQ) entities interested in the conservation of Alaska's fishery resources and the sustained participation of Alaskan coastal communities. Alaska's fishermen have experienced first-hand the challenges facing fisheries -dependent communities in the 21 st century, including the effects of climate change, bycatch prioritization, stock variability, and destructive fishing practices in domestic and international waters, all of which result in highly fluctuating, unstable, or declining fisheries. Loss of fish stocks, fishing opportunities and fishery -related revenue adversely impact fishermen, fishery -dependent businesses and Alaska's fishing communities. Moreover, these impacts are disproportionately devastating to vulnerable rural populations including Alaska Natives. When we first heard of the 30x30 initiative we were admittedly skeptical, and for good reason. Too often, fishermen are villainized as a group of people from whom the ocean needs to be protected, when, in reality, we are some of the best stewards and advocates for habitat protection and sustainable fisheries management. We want to be integral to finding solutions that will support coastal, fishery -dependent communities that rely on healthy water and land. We are encouraged to see you call for input from those of us on the frontlines of climate change impacts to the ocean. Our fishermen and fishing communities really are the eyes and ears of climate change in Alaska. We urge you to weigh input from all fishermen in this process including small boat community-based fishermen and fishing dependent communities. We would very much like to be part of the strategy identification process as it pertains to the oceans and Alaska in particular. We will be providing comments to NOAA per the solicitation in Page 116 of 128 AGENDA ITEM #13.D.3. the Federal Register published on March 3, 2021 and look forward to hearing from the rest of the National Climate Task Force on the next steps. Sincerely, Names and logos go here Alaska Longline FISHERMEN'S ASSOCIATION a ALEUT Comh1umn of TR IRAL GOVERNIAENT SalmonState CITY OF Saint Paul ALASKA Page 117 of 128 AGENDA ITEM #13.D.3. Alaska Marine Conservation Council �r-44UPPIK., SITKA SALMON - SHARES - 3rough Page 118 of 128 CC: Senator Lisa Murkowski Senator Dan Sullivan Senator - WA Senator - OR Representative Don Young Representative Jared Huffman AGENDA ITEM #13.D.3. Page 119 of 128 AGENDA ITEM #13.D.3. To: President Biden, Gina McCarthy, National Climate Task Force and Climate Innovation Working Group Re: Climate Change Policy and Alaska Fishing Communities Thank you for your recent Executive Order on "Tackling the Climate Crisis at Home and Abroad" as well as the March 3rd action by NOAA soliciting "Recommendations on how to make fisheries and protected resources more resilient to climate change, including changes in management and conservation measures, and improvements in science, monitoring, and cooperative research". Alaskan fishermen know climate change is real and that we have to address it now. The undersigned organizations would like to step forward as key stakeholders to work with your Administration as you move forward the directives of the Climate Executive Order in Alaska. These signatories are members of the Alaska Fishing Communities (AFC) coalition a broad network of communities, boroughs, harvesters, recreational anglers, tribal members, and Community Development Quota (CDQ) entities interested in the conservation of Alaska's fishery resources and the sustained participation of Alaskan coastal communities. Alaska's fishermen have experienced first-hand the challenges facing fisheries -dependent communities in the 21 st century, including the effects of climate change, bycatch prioritization, stock variability, and destructive fishing practices in domestic and international waters, all of which result in highly fluctuating, unstable, or declining fisheries. Loss of fish stocks, fishing opportunities and fishery -related revenue adversely impact fishermen, fishery -dependent businesses and Alaska's fishing communities. Moreover, these impacts are disproportionately devastating to vulnerable rural populations including Alaska Natives. When we first heard of the 30x30 initiative we were admittedly skeptical, and for good reason. Too often, fishermen are villainized as a group of people from whom the ocean needs to be protected, when, in reality, we are some of the best stewards and advocates for habitat protection and sustainable fisheries management. We want to be integral to finding solutions that will support coastal, fishery -dependent communities that rely on healthy water and land. We are encouraged to see you call for input from those of us on the frontlines of climate change impacts to the ocean. Our fishermen and fishing communities really are the eyes and ears of climate change in Alaska. We urge you to weigh input from all fishermen in this process including small boat community-based fishermen and fishing dependent communities. We would very much like to be part of the strategy identification process as it pertains to the oceans and Alaska in particular. We will be providing comments to NOAA per the solicitation in Page 120 of 128 AGENDA ITEM #13.D.3. the Federal Register published on March 3, 2021 and look forward to hearing from the rest of the National Climate Task Force on the next steps. Sincerely, Names and logos go here Alaska Longline FISHERMEN'S ASSOCIATION a ALEUT Comh1umn of TR IRAL GOVERNIAENT SalmonState CITY OF Saint Paul ALASKA Page 121 of 128 AGENDA ITEM #13.D.3. Alaska Marine Conservation Council �r-44UPPIK., SITKA SALMON - SHARES - 3rough Page 122 of 128 CC: Senator Lisa Murkowski Senator Dan Sullivan Senator - WA Senator - OR Representative Don Young Representative Jared Huffman AGENDA ITEM #13.D.3. Page 123 of 128 AGENDA ITEM #18.A. -- Kodiak Island Borough OFFICE of the Borough Mayor S� 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: bill.roberts9kibassembly.org ❑� All March 19, 2021 EXXON Valdez Oil Spill Trustee Council 4230 University Drive, #220 Anchorage, AK 99508 Re: CORaL Network Proposal Dear Council Members, On behalf of the Kodiak Island Borough, I am very pleased to write in support of the Alutiiq Museum's proposal to produce educational materials related to archaeological resources and Alutiiq heritage. I understand that the museum is part of the CORaL Network, a team of organizations from the spill area collaborating to create a decade's worth of educational outreach around EVOS injured resources. The Alutiiq Museum is an important resource for our community. They have partnered with the Kodiak Island Borough School District for years to enhance the understanding of Alutiiq culture and history in our schools. The borough would benefit greatly from this project's expansion of these Kodiak specific, curricula and education materials throughout the breadth of our borough communities. More broadly, the Alutiiq Museum serves our entire community by sharing culture and history, hosting events, creating widely available resources, and providing unique opportunities for tourists. The proposed efforts to promote public awareness of the value of archaeological resources and the history they hold will benefit all our citizens while simultaneously encouraging and assisting our local government in the preservation, promotion, and protection of the archaeological sites of our archipelagic home. Please give the CORaL Network's proposal your most serious consideration. Our school district and our entire community would benefit from the proposed project. Sincerely, LlAxf (L - Bill Roberts Kodiak Island Borough Mayor Letter Of Support For The Alutiiq Museum's Proposal Page 124 of 128 AGENDA ITEM #18.B.1. 1 Kodiak Island Borough ;i n4 ✓} Engineering & Facilities Department PAO Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 ■ Fax (907) 486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, Engineering and Facilities Director RE: Monthly Projects Report for Period Ending February 28, 2021 BOROUGH BUILDING BOILER ROOM UPGRADES Project Description: This project is for replacement of the boilers at the Borough Building, including abatement of pipe insulation and gaskets as required. The boilers are over 50 years old and well past their useful life. The project scope includes replacing the generator for the Borough Building as well as replacing the boilers for the adjacent maintenance building. Current Status: On March 5, 2020, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW and RSA Engineers completed 35% design documents and on December 1, 2020, staff provided a presentation to the Assembly on the design and potential construction cost. On February 4, 2021, the Assembly approved a change order for JYW/RSA to complete design and bid documents. A 95% design submittal is scheduled for early March 2021 and will be reviewed by the Architectural/Engineering Review Board before being issued for public bid. The work is scheduled to be completed by fall 2021. Change Orders this Period: ■ Jensen Yorba Wall, Inc — Contract FY -2019-10 Change Order 12 - $90,690.00 (Approved by the Assembly on 02/04/21) Provide design, bidding and construction administration services for the Borough Building Boiler Room Upgrades project per proposal dated January 26, 2021. Design fees to be lump sum; bidding and construction administration fees to be charged on a time and materials basis. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW provided 65% design documents in late September 2020 which were reviewed and approved bythe Architectural/Engineering Review Board on December 7, 2020. An updated cost estimate has been completed based on the 65% design, and staff has requested JYW provide a proposal to complete design of the project. The proposal will be provided to the Assembly for approval at a future meeting. Change Orders this Period: None. Projects Report — February 2021 Page 1 Page 125 of 128 AGENDA ITEM #18.6.1. KODIAK FISHERIES RESEARCH CENTER FUME HOOD EXHAUST SYSTEM Project Description: This project is for the upgrade of fume hood exhaust system at Kodiak Fisheries Research Center (KFRC). There are six fume hoods at KFRC and there are currently issues maintaining sufficient air flow when a certain number of hoods are in use. The scope of work is to install an additional exhaust fan and modify ductwork to eliminate these issues. Current Status: On August 6, 2020, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. Staff has had several discussions with JYW and RSA Engineers on the most cost-effective solution to this problem. Preliminary design documents were received in October 2020 and were reviewed and approved by the Architectural/Engineering Review Board on December 7, 2020. The project was issued for bid on January 12, 2021, and bids were due February 9, 2021. Only one bid was received which exceeded the cost estimate and available funding. Discussions are now underway with the sole bidder on possible options. Change Orders this Period: None. LONG TERM CARE CENTER FUEL PIPE REPLACEMENT Project Description: This project is for the replacement of the exterior fuel lines at the Long Term Care Center. One of the fuel lines experienced a leak in 2019 causing fuel to enter the storm drain system. In an effort to avoid future leaks and reconfigure the piping to simplify maintenance, the fuel piping will be replaced. As part of the work a propane tank for the boiler burners will be relocated to meet current codes for separation from the fuel tank. Current Status: In October 2020, KIB entered into a design contract with RSA Engineering for this project. RSA provided 95% documents in December 2020, and these were reviewed and approved by the Architectural/Engineering Review Board on January 25, 2021. Comments from the ARB meeting have been incorporated into final bid documents, and the project is scheduled to be put out for bid on March 2, 2021, with bids due March 23, 2021. Change Orders this Period: None. NORTH STAR ELEMENTARY SIDING REPLACEMENT Project Description: This project is for the replacement of the existing cement board siding at North Star Elementary. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. Phase I for the gym has been completed. Phase II includes replacement of the siding and windows around the rest of the school. Current Status: On September 3, 2020, the Assembly approved a change order for JYW to proceed with design of Phase II. A 65% design submittal was completed in November 2020 and was reviewed and approved by the Architectural/Engineering Review Board (ARB) on December 7, 2020. ARB discussion focused on phasing the project to ensure there is sufficient funds to complete window replacement wherever siding is replaced. Staff and JYW have discussed the best approach to those suggestions, and JYW is soliciting a revised cost estimate to reflect changes to the project phasing. Staff, in coordination with KIBSD staff, has also submitted an application to the Alaska Department of Education and Early Development (DEED) to redirect remaining 2014 bond funds to ensure there is Projects Report — February 2021 Page 2 Page 126 of 128 AGENDA ITEM #18.6.1. adequate funding to complete construction for both phases of the project. DEED has requested some revisions and clarifications to the application, and staff is currently working on responses. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. Current Status: The design process for this project started in September 2019 with a geotechnical investigation to determine subsurface soil conditions behind the existing wall. Jensen Yorba Wall (JYW) and PND Engineers (PND) provided 65% and 95% design submittals that have been reviewed and approved by the Architectural/Engineering Review Board (ARB). JYW and PND have incorporated ARB comments into 100% bid documents, and after discussion between KIB and PKIMC the project is now scheduled be put out to bid in March 2021. Change Orders this Period: None. Projects Report — February 2021 Page 3 Page 127 of 128 Kodiak Island Borough Project Budget Status - Period Ending February 28, 2021 Budget and Adjustments I Current Budget Status Borough Building Boiler Room Upgrades - 20005 Kodiak Fisheries Research Center Exterior Upgrade - 20004 Original Budget Ord 2020-01C Current Budget Expenses Obligated Remaining Design $ 40,000 $ 40,000 $ 80,000 $ 55,611 $ 96,850 $ (72,461) Admin $ 10,000 $ 10,000 $ 20,000 $ 6,440 $ - $ 13,560 TOTAL $ 50,000 $ 50,000 $ 100,000 $ 62,051 $ 96,850 $ (58,901) Funding: Fund 469 - Renewal & Replacement 5,000 $ 4,897 $ Kodiak Fisheries Research Center Exterior Upgrade - 20004 Kodiak Fisheries Research Center Fume Hoods - 21001 Original Budget Ord 2021-01E Original Budget Current Budget Expenses Obligated Remaining Design $ 75,000 $ 75,000 $ 49,839 $ 2,000 $ 23,161 Admin $ 25,000 $ 25,000 $ 6,583 $ - $ 18,417 TOTAL $ 100,000 $ 100,000 $ 56,422 $ 2,000 $ 41,578 Funding: Fund 555 - KFRC $ - $ 100,000 Admin $ 5,000 $ - Kodiak Fisheries Research Center Fume Hoods - 21001 Original Budget Ord 2021-01E Original Budget Current Budget Current Budget Expenses Expenses Obligated Remaining Design $ 15,000 $ - $ 15,000 $ 8,644 $ 6,271 $ 85 Construction $ 55,000 $ 45,000 $ 100,000 $ - $ - $ 100,000 Admin $ 5,000 $ - $ 5,000 $ 4,897 $ - $ 103 TOTAL $ 75,000 $ 45,000 $ 120,000 $ 13,541 $ 6,271 $ 100,188 Funding: Fund 428-805 - KFRC Capital Project - KFRC - $ $ 21,828 TOTAL I $ 502,039 1 1 1 1 $ North Star Elementary Siding Replacement - 20008 Providence Kodiak Island Medical Center Retaining Wall - 20003 Original Budget I Ord 2021-01E Original Budget Expenses Current Budget Design $ 125,000 $ 85,000 Expenses 154,310 $ Obligated Remaining Design $ 26,193 $ 26,193 $ 44,115 $ 53,107 $ (71,029) Construction $ 436,556 $ 436,556 $ 244,979 $ - $ 191,577 Admin $ 17,462 $ 17,462 $ 29,842 $ $ (12,380) Contingency $ 21,828 $ 21,828 $ - $ $ 21,828 TOTAL I $ 502,039 1 1 1 1 $ 502,039 1 $ 318,936 1 $ 53,107 1 $ 129,996 Funding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) Providence Kodiak Island Medical Center Retaining Wall - 20003 Original Budget I Ord 2021-01E Current Budget Expenses Obligated Remaining Design $ 125,000 $ 85,000 $ 210,000 $ 154,310 $ 54,733 $ 957.40 Admin $ 25,000 $ - $ 25,000 $ 15,202 $ - $ 9,798 TOTAL $ 150,000 $ 85,000 $ 235,000 $ 169,511 $ 54,733 $ 10,756 Funding: Fund 495 - Capital Project - Hospital Project Budget Status Page 1of1 Kodiak Island Borough Assembly Regular Meeting Agenda Guidelines Thursday, March 18, 6:30 p.m., Bayside Fire Hall 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. None. 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for agenda items not scheduled for public hearing & general comments only. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking �= 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership Adding An Ex Officio High School Student Representative. Move to adopt Ordinance No. FY2021-30. Staff Report — Manager Powers. Open public hearing. Page 1 of 6 Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202 Please ask speakers to: 1. Sign in 2. State their name for the record 3. Turn on the microphone before speaking 4. Address all remarks to the Assembly as a body and not to any member thereof Close public hearing. Assembly discussion. :IQ I itey_14 11ILM611I moo]► i 11: 1 :1111 IVA [oil I IC 01 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS None. 13. CONSIDERATION OF CALENDAR - NEW BUSINESS 13.A. CONTRACTS 1. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services. *Mayor to open for discussion. Motions may be made, discussed, and voted upon should the desire arise. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 13.13. RESOLUTIONS 1. Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation Page 2of6 And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. Move to approve reconsideration of the vote taken on March 4, 2021 to approve Resolution No. FY2021-19. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. Motion on the table: Move to approve Resolution No. FY2021- 29 Assembly discussion. ROLL CALL VOTE ON THE MOTION 3. Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For The Bayside Volunteer Fire Station And Womens Bay Volunteer Fire Station. Move to approve Resolution No. FY2021-35. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 13.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code, Title 4, Service Areas Pertaining To Certain Exemptions For Road Maintenance Services For Properties Along State Roads. Page 3of6 Move to advance Ordinance No. FY2021-29 to public hearing at the next Regular Meeting of the Assembly on Thursday, April 1, 2021. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 13.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Robert Tucker. Move to confirm the mayoral appointment of Mr. Robert Tucker to the Board of Equalization for a term to expire December 2023. Staff Report — Clerk Rice. Mr. Tucker currently serves on the Board of Equalization as an alternate. This appointment would place Mr. Tucker in a currently vacant seat with a term to expire December 31, 2023. Assembly discussion. I:Z67MOY_1MYL61I *o]► i d:I :8 Ji 19111 IC ki 2. Confirmation Of Mayoral Appointments To The Consolidation Committee City Representatives. Move to confirm mayoral appointments to the consolidation committee. Staff Report — Clerk Rice. The City of Kodiak has requested Councilmember John Whiddon, Mayor Pat Branson, And Deputy Manager Josie Bahnke for representation on the Consolidation Committee. Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 4 of 6 3 Letter Alaska Fishing Community's Letter To The Biden Administration's Climate Task Force. Move to approve Alaska Fishing Community's Letter To The Biden Administration's Climate Task Force. Staff Report — Assembly Member Kavanaugh. Assembly discussion. ROLL CALL VOTE ON THE MOTION 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for agenda items not scheduled for public hearing & general comments only. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in .0 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBER' COMMENTS Announcements: The next Work Session of the Assembly will be held Thursday, March 2511 at 6:30 p.m. at Bayside Fire Hall. The next Regular Meeting of the Assembly will be held Thursday, April 1st at 6:30 p.m. at Bayside Fire Hall. 16. EXECUTIVE SESSION A. Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services Motion 1: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could affect adversely the finances of the Borough and receive legal advice from the Borough's counsel. ROLL CALL VOTE ON THE MOTION Page 5 of 6 Motion 2: Move to invite the Mayor, Assembly, Borough Manager, Michael Powers, Engineering and Facilities Director, Dave Conrad, Projects Manager, Matt Gandel, Borough Clerk, Alise Rice and Borough Attorney, Scott Brant -Erickson via teleconference, into Executive Session. VOICE VOTE ON THE MOTION After the vote, Mayor Roberts recesses the regular meeting and convenes into executive session. Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session ROLL CALL VOTE IS REQUIRED ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 17. ADJOURNMENT Move to adjourn the meeting. VOICE VOTE ON THE MOTION KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 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J nab � 'o O \ m y � C C o (<D m m O-< 3: 7 7 3 3 7 mca l' DZ m cm ' 3 < < o 3O O � � z co CD CD=r o`f 3 r wF G y NmE,o m CD 0 0 cnco J CD J 2 z IZO N. m 3 m p 2 m 3 ur 3 y w m n z o 0 a O = ci 3 m 3=<° 3 s S m o NS m J N N Ct S � N 3 C OC C m CD r D z in z O v � m CD m O z m 3 3 m 0 m D r C X `� - 0 w 3 A < <O o D J O z x o n. m -1 = w 3 3 m 3 3 o_ � S m G CD a N m m n N N C S N 2 A z < m CD F CDm m -i 2 Z ° < O O 3 3 m WC ° w rD m < <o D O o v CD m' m o � m m G CD N y U) 7 N C C S N CD 3 cr < m N 2 O < n CD C_ � m (D a U) 'D CD 0 ni O CD CD TD m ^ N (n C 5 CD a z v W O O r C O � 2 CD D n N 7 (n < m CD =1 9 CD W n r 'T( ry O r r n D r r a (n ° m CD KODIAK ISLAND BOROUGH Meeting Type: M2f1 I k �uja,r' j Date: n — I �Z Please PRINT your name legibly Please PRINT your name legibly 2 1 ' SC0 H74- View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2021, No. 24 March 19, 2021 At Its Regular Meeting Of March 18, 2021 The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, April 1, 2021 At 6:30 p.m. at Bayside Fire Hall – 4606 East Rezanof Dr. ADOPTED Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership Adding An Ex Officio High School Student Representative. AMENDED, ACCEPTED Amendment No. 1 Amending Contract No. FY2019-25 Residential And Commercial Solid Waste Collection And Recycling Services. NOTE: Version 2 of Amendment No. 1 Amending Contract No. FY2019-25 was accepted by substitution in place of version 1 of Amendment No. 1. APPROVED Reconsideration Of The Vote Taken On March 4, 2021 "Approve Resolution No. FY2021- 29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. APPROVED Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. APPROVED Resolution No. FY2021-35 Accepting Volunteer Fire Assistance Grants For The Bayside Volunteer Fire Station And Womens Bay Volunteer Fire Station. FAILED Ordinance No. FY2021-29 Repealing Sections Of Kodiak Island Borough Code, Title 4, Service Areas Pertaining To Certain Exemptions For Road Maintenance Services For Properties Along State Roads. CONFIRMED Confirmation Of Mayoral Appointment To The Board Of Equalization, Mr. Robert Tucker, For A Term To Expire December 2023. CONFIRMED Confirmation Of Mayoral Appointments To The Consolidation Committee City Representatives. APPROVED Alaska Fishing Community’s Letter To The Biden Administration's Climate Task Force.