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
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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
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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.
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(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:
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
Page 6of6
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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-
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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.