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03/31/2005 Special MeetingKodiak Island Borough March 31, 2005 - 7:00 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Torn Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Penney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Tenn Expires 2007 Ms. Nancy Galstad Interim Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk 4. ADJOURNMENT Assembly Agenda Special Meeting Borough Conference Room 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. 98 -48A Amending Contract No. 98 -48 by Reassigning Solid Waste Collection From USA Waste Management to Alaska Pacific Environmental. B. Contract No. 2004 -60A Amending Contract No. 2004 -60 to Extend the Termination Date of Borough Interim Manager Nancy E. Galstad of Solutions, Inc. This special meeting was called by Mayor Selby. Kodiak Island Borough Assembly Agenda March 31, 2005 Page 1 Kodiak Island Borough AGENDA STATEMENT Special Meeting of March 31, 2005 ITEM NO. 3.A Contract No. 98 -48A Contract No. 98 -48A Amending Contract No. 98 -48 by Reassigning Solid Waste Collection From USA Waste Management to Alaska Pacific Environmental USA Waste Management has the current contract with the Kodiak Island Borough to collect solid waste along the road system. Recently USA Waste Management sold its business to Alaska Pacific Environmental. According to the contract, any reassignment requires consent of the Borough. It is recommended to approve the reassignment according to the terms and conditions of the existing contract. Recommended motion: Move to approve Contract No. 98 -48A amen�ng Contract No. 98 -48 to approve the reassignment of solid waste collection from USA Waste Management to Alaska Pacific Environmental. assistance that it may reasonably require to defend the action. No compromise or settlement of any such suit, claim or demand shall be entered into until the written notice of Contractor has been given to Borough. 24. Non - assignment of Contract Contractor shall not assign any of its rights under this contract without the written consent of Borough. However, subcontracting portions of the project shall not be considered an assignment for the purposes of this section. 25. Independent Contractor It is expressly understood and agreed that Contractor is an independent contractor and Borough shall not be liable for any of Contractor's acts or omissions in the performance of the work. 26. Subcontractors Contractor agrees to provide a list of subcontractors to Borough for written approval, which approval shall not be unreasonably withheld. Contractor agrees to bind all subcontractors by the terms of this contract and submit to Kodiak Island Borough proof of insurance coverage of the subcontractors. Contractor shall accept all responsibility for the acts of the subcontractors related to this work. .27. Right to Audit Contractor shall maintain complete and accurate records, kept in accordance with generally accepted accounting standards, of all of Contractor's costs that are chargeable to Borough and shall retain such records for at least three years after completion of the contract. Contractor shall also maintain records of customers served. Borough shall have the right, at any reasonable time, to inspect and audit those records during the course of work and throughout the 5 V2-year retention period. Contractor shall accommodate such review at no additional cost. Contractor shall incorporate this requirement in all contracts with third parties to which this work may be subcontracted. 28 . Correcting Deficiencies and Dispute Resolution Correcting Deficiencies: A deficiency in the Contractor's work that is noted by KIB shall immediately be corrected to the satisfaction of the KIB. The KIB's interpretation or decision is binding on the Contractor, subject to the following dispute resolution provisions of this Agreement. 18 PURSUANT TO Section 5. Time of Performance. of the Agreement named above, the parties mutually agree to extend the termination date from "on or before March 31, 2005" to on or before May 31, 2005. All other terms and conditions remain unchanged. Solutions, Inc. PO Box 1459 Auburndale, FL 33823 -1459 ATTEST: AMENDMENT #1 to the PROFESSIONAL SERVICES AGREEMENT between Solutions, Inc. (an Alaska Corporation) & Kodiak Island Borough Originally dated the 8 day of December, 2004 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Nancy E. Galstad, President Jerome Selby, Mayor Date: Kodiak Island Borough March 31, 2005 7:00 p.m. 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING A. Contract No. 98 -48A Amending Contract No. 98 -48 by Reassigning Solid Waste Collection From USA Waste Management to Alaska Pacific Environmental. Recommended motion: Move to approve Contract No. 98 -48A amending Contract No. 98 -48 by reassigning solid waste collection from USA Waste Management to Alaska Pacific Environmental. Staff report - Manager Galstad. Assembly discussion. ROLL CALL VOTE ON MOTION B. Contract No. 2004 -60A Amending Contract No. 2004 -60 to Extend the Termination Date of Borough Interim Manager Nancy E. Galstad of Solutions, Inc. Recommended motion: Move to amend Contract No. 2004 -6041 Amending Contract No. 2004- 60 to extend the termination date of Borough Interim Manager Nancy E. Galstad of Solutions, Inc. on or before May 31, 2005. Staff report - Manager Galstad Assembly discussion. ROLL CALL VOTE ON MOTION Assembly Guidelines 3. ADJOURNMENT Recommended motion: Move to adjourn the special meeting. ROLL CALL VOTE Special Meeting Borough Conference Room Kodiak Island Borough Assembly Guidelines March 31, 2005 Page 1 TOTAL II Ms. Williams II Ms. Wells I Mr. Rarrney Ms. Branson II Mr. Bonney II Mr. Abell 0 ro o 0 0) \r « \r".N z TOTAL Ms. Williams Mr. Rainey Ms. Branson Mr. Bonney Mr. Abell 0 .....VD -mg D. CI \ \ \ \ \ \ `C C ( z TOTAL Ms. Williams wells IT Ms. Branson l itzv Mr. Abell c.„ . 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