The URL can be used to link to this page

2006-09-07 Regular MeetingSeptember 7, 2006 — 7:30 p.m. Regular Meeting Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTE ,n r� 3a'7 A. Kodiak Isiah Island Borough Regular of July 20, 2006 and August 3, 2006. 6. AWARDS AND PRESENTATIONS A. Proclamations 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. 2. Contract No. 2007 -11 RFP # 1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. B. RESOLUTIONS Assembly Chambers Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. Kodiak Island Borough Assembly Agenda September 7, 2006 Page 1 C\ 2. Resolution No. FY2007 -07 Supporting Committee. 3. Resolution No. 1995-01G Amending Retention Schedule and Central Filing in the Clerk's Office. 4. Resolution No. FY2007 -08 Urging the Rural. ORDINANCES FOR INTRODUCTION Funding for the Kodiak Branding and Marketing Resolution No. 1995 -01 Adopting a Records System to Reflect Amendment to Series BC -05 Federal Subsistence Board to Designate Kodiak 1. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More Efficient. 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations. 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). 2. Vacation of a 10 Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural /Engineering Review Board Meeting of May 24, 2006, Board Meeting and Public Presentation of May 31, 2006, and Board Meeting of July 26, 2006. 2. Fire Protection Area No. 1 Board Regular Meeting Minutes of June 21, 2006. 3. Parks and Recreation Committee Regular Meeting of July 11, 2006. 4. Womens Bay Service Area Board Regular Meeting Minutes of May 8, 2006 and June 5, 2006. B. REPORTS 1. Kodiak Island Borough July 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of July 31, 2006 and Special Meeting Summary of August 14, 2006. Kodiak Island Borough Assembly Agenda September 7, 2006 Page 2 September 7, 2006 — 7:30 p.m. Regular Meeting Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular of July 20, 2006 and August 3, 2006. 6. AWARDS AND PRESENTATIONS A. Proclamations B. RESOLUTIONS DRAFT Assembly Chambers 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. 2. Contract No. 2007 -11 RFP # 1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. 1. Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. Kodiak Island Borough Assembly Agenda September 7, 2006 Page 1 2. Resolution No. FY2007 -07 Supporting Committee. 3. Resolution No. 1995-01G Amending Retention Schedule and Central Filing in the Clerk's Office. Funding for the Kodiak Branding and Marketing Resolution No. 1995 -01 Adopting a Records System to Reflect Amendment to Series BC -05 Federal Subsistence Board to Designate Kodiak 4. Resolution No. FY2007 -08 Urging the Rural. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More Efficient. 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations. 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). 2. Vacation of a 10 Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Architectural /Engineering Review Board Meeting of May 24, 2006, Board Meeting and Public Presentation of May 31, 2006, and Board Meeting of July 26, 2006. 2. Fire Protection Area No. 1 Board Regular Meeting Minutes of June 21, 2006. 3. Parks and Recreation Committee Regular Meeting of July 11, 2006. 4. Womens Bay Service Area Board Regular Meeting Minutes of May 8, 2006 and June 5, 2006. B. REPORTS 1. Kodiak Island Borough July 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of July 31, 2006 and Special Meeting Summary of August 14, 2006. Kodiak Island Borough Assembly Agenda September 7, 2006 Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 7, 2006 A regular meeting of the Kodiak Island Borough Assembly was held September 7, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Department heads; Engineering and Facilities Bud Cassidy, Finance Director Karl Short, Project Manager Ken Smith, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. WILLIAMS moved to excuse Assembly member Branson, seconded by OSWALT VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA JEFFREY moved to approve the agenda, seconded by WILLIAMS VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of July 20 and August 3, 2006. OSWALT moved to approve the minutes as submitted, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS SUBMITTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Mayor Selby proclaimed September 2006 Alcohol and Drug Addiction Recovery Month. Melanie Nelson with Safe Harbor accepted the proclamation. Mayor Selby proclaimed September 16, 2006 as United States Coast Guard "We Applaud You Day." Proclamation will be presented at the United States Coast Guard "We Applaud You Day" celebration on September 16, 2006. CITIZENS' COMMENTS Debora King, Economic Specialist with the Kodiak Chamber of Commerce, spoke in support of Resolution No. FY2007 -07. This funding request was for the Kodiak Branding and Marketing Committee and the "Star of Kodiak ", a community -based Quality Assurance Program for wild seafood products originating from the Kodiak Region. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 1 Stephen Taufen with the Groundswell Fisheries Movement spoke against the funding request for the "Star of Kodiak" salmon seafood enhancement program. He believed in assisting fishermen in a direct marketing entrepreneurial manner. He also favored results over mere activities. Pat Holmes appreciated having the meetings publicized on the radio. He supported Resolution No. FY2007 -08 urging the federal subsistence board to designate Kodiak rural. COMMITTEE REPORTS A. Scott Arndt, Architectural Review Board Member, noted they met and interviewed four firms for the ADF &G building. First choice was ECI Hyer and RIM Architects was the second. Additional information will be forwarded to the Assembly. B. Cecil Ranney reported that the Gulf Rationalization Task Force met September 6, 2006 at the college and will meet again September 20, 2006 for additional input. Task Force is working on a recommendation for the Borough, hoping to have it ready for the October joint work session with the City. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford received a letter from Donald Rush, CEO of Providence Kodiak Island Medical Center, inviting the Mayor and Assembly to a joint meeting to address health needs with the Providence Region Board on September 22, 2006. In the Assembly's mail was a Structural Condition Survey for the Kodiak High School Pool prepared by BBFM Engineers, Inc. With this information, staff would be working on numbers to submit to the Borough. Manager Gifford will be out of the office September 8 - 20, 2006 to attend the ICMA Conference. MESSAGES FROM THE BOROUGH MAYOR - None. UNFINISHED BUSINESS — None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. JEFFREY moved to authorize the Manager to execute Contract No. 2007 -10 with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $365,450, seconded by WILLIAMS Manager Gifford reported that the Bayside Fire Department is replacing the existing 1983 fire truck with a new Pumper Fire Engine. The cost includes the tank, hoses, pumping equipment and other accessory items used to extinguish fires. Two firms responded, the second was determined as non- responsive. Proposals were reviewed by staff, Service Area No.1 Board, and the Borough Attorney. Assembly member Stephens asked if staff had heard from the low bidder. He was concerned about not going with a low bid because they were determined non - responsive. Assembly member Kodiak Island Borough Assembly Minutes September 7, 2006 Page 2 Stephens was also concerned about the advance payment made to contractor. He would propose an amendment. Scott Arndt responded that the Board was comfortable with the financial arrangements of prepayment in that the Coast Guard and Womens Bay have both purchased equipment under the same conditions successfully in the past. JEFFREY moved to amend the motion to authorize the Manager to execute Contract No. 2007 -10 not to exceed $385,754, seconded by STEPHENS Assembly member Abell stated the he will vote against the amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Jeffrey, Oswalt, Ranney, Stephens (Ayes); Abell, Williams (Noes) ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Contract No. 2007 -11 RFP #1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. WILLIAMS moved to authorize the manager to execute Contract No. FY 2007 -11 to Jensen Yorba Lott Inc. of Juneau, Alaska to perform the services specified in RFP #1, in an amount not to exceed $733,484, second by JEFFREY Manager Gifford reported that the Architectural Review Board interviewed four firms and recommended Jensen Yorba Lott Inc. of Juneau. Other information has been attached about the selection of the architect. Assembly member Williams said she received additional information about the project today and was not prepared to vote. WILLIAMS moved to postpone Contract No. 2007 -11 to the next regular meeting of September 21, 2006, seconded by STEPHENS Assembly member Stephens had reviewed the memorandum and it answered some of the questions, but not all. He suggested that the vote be postponed because he had questions and the issue needed to be dealt with before he could vote on the issue. Assembly member Williams was also concerned about the time and materials aspect of this contract. Manager Gifford explained the difference between a professional and construction contract. A construction contract as with architectural and engineering services may flex in costs and scope of work. It is the Borough's job to manage within the budget. Assembly member Jeffrey stated she was going to vote for the contract. She was satisfied with the language and did not want to delay the project any further. Assembly member Ranney hoped that, if the project was delayed, questions would be answered timely because people are concerned about the seismic study. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 3 Assembly member Oswalt would like to see the action postponed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Oswalt, Ranney, Stephens, Williams, Abell (Ayes); Jeffrey (No) B. RESOLUTIONS 1. Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. OSWALT moved to adopt Resolution No. FY2007 -06, seconded by ABELL Manager Gifford reported that negotiated leases needed to be approved by the Assembly. The term of the lease was for one year and the rate per square foot had been approved in the fee schedule by Resolution No. 2003 -20E on May 18, 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt 2. Resolution No. FY2007 -07 Supporting Funding for the Kodiak Branding and Marketing Committee. ABELL moved to adopt Resolution No. FY2007 -07, seconded by JEFFREY Manager Gifford reported that this resolution would support funding to the Kodiak Branding and Marketing Committee (KBMC). Assembly member Williams was concerned about the exclusive use of the Star of Kodiak logo, not having legal ownership. Debora King reiterated that International Seafoods of Alaska (ISA) had given permission to use the logo. Assembly member Oswalt visited with two processors this week and they were curious if Trident had permission to use the Star of Kodiak. He voiced concern about the legal rights to the "Star of Kodiak" title. Assembly member Jeffrey supported this promotional program. In response to Assembly member Abell, Debora King noted the last communication with ISA was September 6. Mr. Abell stated he would vote for the $25,000. Assembly member Stephens would vote against the requested funding because he believed it was too late in the year to vote to fund this promotional program. Assembly member Jeffrey believed that it was the responsibility of this community to support this marketing tool. Assembly member Ranney noted that the budget was only an estimation of what is spent and the manager had assured them that there was money for this and can be addressed during mid -term budget amendments. Mr. Ranney hoped that this would be seed money and that the processors and fishermen would get behind this promotional tool. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 4 Assembly member Williams agreed that this marketing tool was good but was also concerned about the title. Mr. Stephen Taufen reiterated his concerns because he did not believe the taxpayers should be paying for it. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Abell, Jeffrey, Ranney, Selby (Ayes); Stephens, Williams and Oswalt (Noes) 3. Resolution No. 1995-01G Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendment to Series BC- 05 in the Clerk's Office. WILLIAMS moved to adopt Resolution No. 1995 -01G, seconded by JEFFREY Clerk Javier reported that the records retention schedule needed to be updated to allow keeping certain records permanently. The resolution had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 4. Resolution No. FY2007 -08 Urging the Federal Subsistence Board to Designate Kodiak Rural. OSWALT moved to adopt Resolution No. FY2007 -08, seconded by STEPHENS Manager Gifford stated that the proposed resolution presented arguments that the Kodiak area should remain rural. Assembly member Stephens supported this resolution and encouraged the public to appear before the board. Assembly member Jeffrey had spoken to people affected directly with the resolution. She reported that it was up to the public to address and state opinions about Kodiak's rural nature at this hearing. Mayor Selby encouraged people that partake in fish and game use to speak at the public forum. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams After a fifteen - minute break, Mayor Selby reconvened the regular meeting at 9:06 p.m. B. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3. Transient Accommodations Tax to Provide for Collection That is More Efficient. JEFFREY moved to adopt Ordinance No. FY2007 -06 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford explained that amending the ordinance would eliminate the possibility of the owner of real and personal property avoiding responsibility for the accommodations tax by renting property to third party operators. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 5 Assembly member Stephens wondered if the Borough had authority to pass this ordinance to assess the lien. Stephens was opposed because he did not think this was necessary and that collections could be handled in a different manner. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Jeffrey, Ranney, Abell, Selby (Ayes), Oswalt, Stephens, Williams (Noes) 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations WILLIAMS moved to adopt Ordinance No. FY2007 -07 in first reading to advance to public hearing on September 21, 2006, seconded by JEFFREY Manager Gifford explained that the present personnel code states that "A member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough." The Borough does not believe that this was the intent of the current language and recommended that the current limitation be changed. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams Abell, Jeffrey 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. JEFFREY moved to adopt Ordinance No. FY2007 -08 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford reported that the Community Development had initiated a code update to portions of the KIB zoning ordinance as it relates to different "transient accommodation" uses. The code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. Assembly member Stephens stated he was going to vote against the ordinance. He had not seen a statement of need for this bed and breakfast ordinance and understood that it was because of complaints about parking. Assembly member Jeffrey stated she was going to vote to move the ordinance for a second hearing to have more time to study it and hear from the public. Assembly member Williams indicated that she was going to support this ordinance to hear public input. Assembly member Ranney wanted to hear from Planning and Zoning Commission in a work session. Manager Gifford would have the Community Development Department and the Planning and Zoning Commission come to speak at the next work session to answer any questions the Assembly may have. The ordinance update had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Ranney, Williams, Abell, Jeffrey, Oswalt (Ayes); Stephens (No) Kodiak Island Borough Assembly Minutes September 7, 2006 Page 6 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. ABELL moved to adopt Ordinance No. 2007 -01A in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford thanked Bud Cassidy, Ken Smith, and Duane Dvorak for their hard work in securing this grant in the short amount of time they had to work on it. Mayor Selby also commended staff in securing these grants for the seismic repairs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. RANNEY moved to adopt Ordinance No. FY2007 -09 in the first reading to advance to public hearing on September 21, 2006, seconded by Williams. Manager Gifford reported that the Ordinance was recommended by Assembly member Ranney. Legal opinion had been requested but was not available for this meeting. Manager suggested the ordinance be advanced to a second public hearing and legal advice would be available at that time. Assembly member Ranney reported that the PERS program was in trouble and this ordinance would help remedy the problem. Assembly member Williams will vote for this ordinance, to move it forward to have a chance to hear the legal opinion based on Assembly member Stephens' memo. Assembly member Stephens was afraid that the ordinance as stated would have legal ramifications. Assembly member Jeffrey agreed with Assembly member Stephens on the ordinance and looked forward to legal opinion. She suggested making the effective date beyond this election and not making it effective in the middle of an election. Assembly member Abell would vote against the ordinance. He believed this was a rightful benefit for the elected officials. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Jeffrey, Oswalt, Stephens (Noes); William, Ranney (Ayes) D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). WILLIAMS moved to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer, seconded by ABELL. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 7 Manager Gifford addressed the situation of the Buskin River Inn not remitting their transient taxes since July 2004 in the amount of $43,603.42. Koniag Inc. paid the taxes to release the lien put in by the Borough. Attorney Tom Klinkner is reviewing the case and staff requested that the case be postponed to the next meeting. STEPHENS moved to postpone the request to refund the collected and related expenses to the taxpayer to the September 21, 2006 regular meeting, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Vacation of a 10 -Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. ABELL moved to approve the vacation of a 10 -foot wide electrical easement located on portions of proposed Lots 3 and 4, Northern Business Park, seconded by JEFFREY Manager Gifford explained that KIB Planning and Zoning Commission approved the above referenced electrical easement vacation after a public hearing held on July 19, 2006. The Kodiak Island borough Assembly is the applicable review body, which must review the vacation request in accordance with KIB Code Section 16.60.060. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell CITIZENS' COMMENTS Isa Steel thanked the Borough Assembly for making the schools safer from earthquakes. She urged the Assembly to make decisions quickly so that schools would be safe for the children and staff. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke about the contract for design services from an architectural firm. He appreciated the memo in response to his questions. Assembly member Oswalt would like an Engineer's condition report on the pool discussed at the next work session. He also would like to see upgrades done immediately, i.e, Saline pool UV system. Assembly member Jeffrey voted against PERS ordinance not because she did not think it was important. She felt rushed about the issue and that it needed to be discussed further. Assembly member Abell felt that the ventilation system in the pool area needed to be addressed. He reported a study was being funded through SWAMC to conduct seafood harvesting labor data. Seats are also open on the SWAMC Board. He would like to see the Assembly discuss selling the hospital to Providence. Assembly member Ranney had no comments. Assembly member Williams thanked the Assembly for its input. She also thanked Assembly member Abell for his comments about the hospital. Ms. Williams believed that the Borough should divest themselves of garbage collection and metals considering the costs. She would like the garbage issue discussed on the next work session along with the solarium. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 8 ANNOUNCEMENTS The Assembly would meet in a work session on Thursday, September 14 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 21, 2006 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT WILLIAMS moved to adjourn, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey The meeting adjourned at 10:05 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes September 7, 2006 Page 9 KODIAK ISLAND BOROUGH Regular Assembly Meeting July 20, 2006 A regular meeting of the Kodiak Island Borough Assembly was held July 20, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E.F. Director Bud Cassidy, Clerk Nova Javier and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assemblymember Cecil Ranney, seconded by JEFFREY VOICE VOTE ON MOTION TO EXCUSE ASSEMBLYMEMBER CECIL RANNEY CARRIED UNANIMOUSLY APPROVAL OF AGENDA WILLIAMS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Manager Gifford presented the Employee Quarter Award to Dria Bray - Holloway, General Accountant in the Finance Department. Manager Gifford presented a Five -Year Longevity Award to Alan Torres, Landfill Supervisor for the Engineering and Facilities Department; a Five -Year Longevity Award to Lauri Whiddon, HR Officer /Executive Assistant in the Manager's Office; and a Ten -Year Longevity Award to Meagan Christiansen, Secretary III in the Finance Department. CITIZENS'COMMENTS Manager Gifford noted a new estimate for the Woodland Acres paving project was in the Assembly's mail. The new estimate amount was $9,048. Captain Dave Davis thanked the Assembly for its support to the nonprofits. Gretchen Saupe spoke on behalf of the Kodiak Senior Citizens Center requesting not to cut the $5,000 from the college computer program in that it supports the computer lab instructor that comes to the Senior Center for computer instruction. Norm Wooten, Chairman of Kodiak Island Health Care Foundation, requested support for non - profit funding for the Kodiak Community Health Center Care (KCHC). Brenda Friend, Director of Kodiak Community Health Center (KCHC) requested continued funding. Israel Marin spoke in support of KCHC. He is a user of their services and finds it an important resource for persons that do not have health care insurance. Kodiak Island Borough Assembly Minutes July 20, 2006 Page 1 Charlie Davidson requested support of KCHC since it meets the needs of the community. Matt Jamin, Threshold Services Board Member, requested continued support for their grant that employs persons with disabilities. Genedine Taan asked for continued support to the KCHC noting it was an important resource for cannery workers and workers from foreign countries that do not have health care benefits. Peggy Tuttle objected to the new proposition that was presented for Woodland Acres Paving project. She did not agree with the $9,000 figure. Tim Motis inquired about the status of the swimming pool. He opposed the proposed $9,000 cost revision for the Woodland paving project. Bonnie Troth called regarding the Woodland Acres Paving saying that the new proposal was better and thought movement was in the right direction. John Rauwolf was in favor of voting for funding for the KCHC. He was excited about the new proposition and requested that the Borough not make a definitive decision and continue to work on the project. Heather Parker stated that she and her husband were much happier with the figures presented on the Woodland Acres Paving project. They were in favor of the new proposal. William Harsch noted the new proposal was better than the original quote. Louise Stutes stated that it was important for the Borough to stick with prices once they are quoted. Julie Coyle stated that she was in favor of strip paving; pot holes are dangerous. Joe Macinko called saying he was concerned about the set -back on the pool. The Borough assembly members slowed process down with changing sites; not funding the position for the grant writer at the Borough; and act in conflict with the requirements of the Rasmuson grant. He would like to see this project go forward. Mike Pfeffer wanted to address the proposal but information was not available for him to look over. He lacked confidence in the new proposals being thrown out at the last minute. He did not support the project. Mary Holloway wanted to make more educated comments but could not because she did not know if the proposed amount was a bid estimate. She requested concrete information to be mailed to the residents so they knew what they were voting for. Dave Billings requested that the Borough delay making a decision and continue to work and come back so they could make a decision. Robert Johnson needed more facts and figures. The Assembly should consider delaying, voting this down and starting over. Constanti Qia has heard about paving the roads for $8,000. Mr. Qia would like the decision delayed until exact figures are known for the main roads. Stan Thompson would like to see the sewer line put in first. Kodiak Island Borough Assembly Minutes July 20, 2006 Page 2 John Parker wants the roads paved. Kathleen Carlson liked the new proposal but would like more time. David Horne did not want to delay and would like to see the Woodland Acres paving project go out to bid. Sue Thompson liked the lower figure but would like to see the sewer fixed first. Scott Arndt reported that the Borough had performed an all inclusive project. He believed that the Borough had come through recommending that the Borough go out to bid with the alternatives — replacement of sewer, driveway approaches, etc. He urged the Assembly to look at a grant with the upcoming legislature. Tim Motis was not in favor of the proposed plan. He needed a definite figure. Peggy Tuttle addressed the Assembly in that this was their opportunity to change code in order to set monies aside for road powers. Mary Holloway requested a delay so homeowners could have more information. Julie Coyle said they needed the roads paved and the Borough needed to go forward. Carla Harsch reported that gravel roads should be addressed again along with maintenance and drainage problems. COMMITTEE REPORTS A. AADC UPDATE Range Control Officer Mike Maurer reported that AADC was getting ready for a launch campaign. He did not have a concrete schedule because they were having challenges coordinating the different sites. He noted that the program was going well. Mr. Ladner sent his regrets for being unable to attend the meeting. Assemblymember Branson noted that quarterly reports were missed since December. She urged AADC to continue these reports. Assemblymember Williams inquired if there was a change of liason between Kodiak and AADC. Assemblymember Abell reported that they finally had a quorum at the Gravel Task Force. Money has been funded to test drill at Salonie Creek for rock supply. Other sources are being searched, possibly some Coast Guard properties and at the Fair Grounds. Assemblymember Abell attended SWAMC board meeting one July 12 where they committed money to Northern Economics Inc. to conduct a survey on seafood labor harvesting. PUBLIC HEARING A. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. BRANSON moved to adopt Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government, seconded by WILLIAMS Kodiak Island Borough Assembly Minutes July 20, 2006 Page 3 Manager Gifford reported that parcel was previously scheduled to be sold at the last land sale but Fish and Wild Life Service requested to purchase the property. All notices and requirements for the foreclosed property were complied with prior to the sale last fall. Staff recommended adoption of ordinance. Mayor Selby opened the public hearing. Mike Getman, Acting Refuge Manager, stated he was present to answer any questions the Borough may have. He noted that Kodiak has excellent bear habitat because of the support given by the the Borough to the Refuge. Mayor Selby closed the public hearing. Assemblymember Jeffrey supported the ordinance. Assemblymember Williams was glad to see the Borough's involvement with the Fish and Wildlife Service. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams B. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. WILLIAMS moved to adopt Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations, seconded by BRANSON Manager Gifford reported this was incomplete and inconsistent, and Planning and Zoning Commission needed additional time to review the ordinance. Mayor Selby opened public hearing. Jerrol Friend agreed that Planning and Zoning Commission needed to review and reword the ordinance. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY :: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell After a ten - minute recess, Mayor Selby reconvened the meeting at 9:30 p.m. BOROUGH MANAGER'S REPORT Manager Gifford reported that staff was working on a draft bond resolution for the swimming pool which would be presented at the next work session. A grant application would be submitted to the Rasmuson foundation for additional funding. Staff has been looking at existing pool with upgrades while work was being done on proposed new pool. He noted patent from the state was received for final conveyance of Eagle Harbor. The Personnel Advisory Meeting had its first organizational meeting with three of the four board members present. Elected Chair was Pam Foreman and Vice -Chair was Sue Eoff. The board Kodiak Island Borough Assembly Minutes July 20, 2006 Page 4 discussed goals and objectives, and a quarterly meeting was scheduled for October 17, 2006 at 5:30 p. m. He received a letter from the Chamber of Commerce requesting support for Coast Guard Appreciation Day. Deb King requested to make a presentation regarding the Kodiak Branding and Marketing Committee. Manager Gifford will be out of the office for AML /JIA meetings July 24 and 25. MESSAGES FROM THE BOROUGH MAYOR No comments. UNFINISHED BUSINESS A. Resolution No. FY2007- 01Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. Manager Gifford reported that this resolution was for the Assembly to start organizing a paving district. If the Assembly wished to amend the resolution to direct staff to go out to bid, staff will do so, and would present the results to the Assembly and to residents followed by a public hearing. The estimates have been put together by Director Cassidy, and he felt confident that the estimates are in the ball park. Service district and area -wide powers information will be available at next work session. Assemblymember Abell thanked Mr. Cassidy for his work on this project. The project was moving fast and asked why figures come at the last moment. Approaches were taken out to be more cost effective. He noted that with two inches strip paving, maintenance would be expected in ten years. Assemblymember Jeffrey remarked that if the resolution was voted down, engineering costs would have to be addressed, making it necessary to bring the project back through a petition process or the Assembly could bring it back. Assemblymember Williams questioned how many senior citizens live in this area because they would be exempt from this assessment if there was a deferment in place. Assemblymember Stephens stated that he could not support the resolution or the bid. He had concerns about the procedure that was being followed in that it was different from what is in the Borough Code. Assemblymember Branson stated that she needed firm numbers and information to come to the Assembly in order to move in a positive direction. BRANSON moved to postpone Resolution No. FY2007- 01Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Stephens, Williams, Abell, Branson Mayor Selby directed staff to prepare a proposal for strip paving with proper preparation and alternatives. Kodiak Island Borough Assembly Minutes July 20, 2006 Page 5 NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -06 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2006 -2007. JEFFREY moved to accept Contract No. 2007 -06 with Providence Kodiak Island Counseling Center for School Year 2006 -2007 in an amount not to exceed $381,350, seconded by BRANSON Manager Gifford reported that this was the annual agreement for mental health services to the Kodiak Island School district for in -kind services. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey B. RESOLUTIONS 1. Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding. Manager Gifford corrected the amount proposed for the Maritime Museum for 2006 to $2,000. Assemblymember Jeffrey reported that she was one of the founders and board members of the Maritime Museum and would not be commenting. WILLIAMS moved to accept Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson Jeffrey, Oswalt C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS 1. Waiving of the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) WILLIAMS moved to waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed for a disabled veteran for tax year 2005 (Mr. Aaron Walton), seconded by OSWALT Manager Gifford reported that the total amount due was $1,048. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Williams, Abell, Branson Jeffrey, Oswalt, Stephens Kodiak Island Borough Assembly Minutes July 20, 2006 Page 6 CITIZENS' COMMENTS Peggy Tuttle questioned as to how the information was going to be given to the public so that they would have the opportunity to comment. She was confused about the process. Assemblymember Abell voiced that he thought there would be enough time to get some of the work done this year. Mr. Abell wanted to vote on August 3 one way or another. Mayor Selby assured the public that there would be plenty of time for input on this project. Assemblymember Stephens announced to the public that in October two seats on the Assembly would be available. Nominating petitions could be handed in as early as August 7 with a deadline of August 25, 2006. He urged the residents to run or to encourage their friends. Assemblymember Oswalt wanted to see the paving put together so that everyone was happy. With more time, a better set of figures hopefully would come from the staff. Assemblymember Jeffrey announced that the Federal Subsistence Board would be receiving public comments until October 27 about Kodiak's rural status. The Board was looking for specific statements on how rural status influences daily lives. Assemblymember Branson announced the August 5 facilities meeting. Assemblymember Abell stated the nonprofit funding went smooth. Borough would be looking for alternative methods of funding in the future. Assemblymember Williams reported that she was in favor of looking at nonprofits and different ways of funding. She requested that the Solarium Intermediate Care Facility be put on the next work session agenda. ANNOUNCEMENTS Mayor Selby announced the Assembly would meet in a work session on Thursday, July 27, 2006 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 3, 2006 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. WILLIAMS moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams Mayor Selby reconvened the regular meeting and announced no action was to be taken as a result of the executive session. Kodiak Island Borough Assembly Minutes July 20, 2006 Page 7 ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by STEPHENS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson Jeffrey, Oswalt, Stephens, Williams, Abell The meeting adjourned at 11:29 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes July 20, 2006 Page 8 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 3, 2006 A regular meeting of the Kodiak Island Borough Assembly was held August 3, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Bud Cassidy, Clerk Nova Javier and Assistant Clerk Jessica Basuel. RANNEY moved to excuse Assemblymember Jeffrey, seconded by BRANSON VOICE VOTE ON MOTION TO EXCUSE ASSEMBLYMEMBER SUE JEFFREY CARRIED UNANIMOUSLY APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of July 6, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by STEPHENS VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION - None CITIZENS' COMMENTS Peggy Tuttle opposed the current Woodland paving resolution. She asked the Assembly to address this issue by including it in the Capital Improvement Project (CIP) list. She appreciated Assemblymember Stephens' research and time Christian Schomburq spoke against the Woodland paving resolution. Clarence Selig encouraged the Assembly to help resolve the dumpster and bear issues in Kodiak. Heather Parker spoke in support of the Woodland paving. She asked the Assembly to look at realistic options to see the roads paved if the resolution fails. Mike Pfeffer phoned opposing the current Woodland paving. Tim Motis spoke against the Paving resolution. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 1 Tiffany VanSicklen urged the Assembly to fail the Woodland paving resolution since $9,000 was excessive for residents to pay. Michelle Powell asked the Assembly to fail the paving resolution. She would like the Borough to address the sewage problem. Anne Kalcic opposed the Paving resolution. Dan Powell urged the Assembly to fail the Paving resolution. Wil Harsch asked the Assembly to fail the Paving resolution. David Horne would like to see solid numbers and noted the administration fee was an insult to residents. Robert Johnson asked the Assembly to fail the Paving resolution because of the rough economy in Kodiak. Julie Coyle appreciated her neighbors' comments. She hoped the Assembly would find an easier solution to paving. Kay Steven opposed the Paving resolution. Harry Steven spoke against the Paving resolution since it was too expensive. COMMITTEE REPORTS Assemblymember Branson serves on the Providence Kodiak Island Community Service Area Community Board and she gave a report regarding the collaboration of service area providers such as KANA and USCG to address the health care needs in Kodiak. Providence was working on getting an MRI machine. She noted the hospital was going through the JACO accreditation process and thanked the staff and her colleagues for their dedication. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board NEW Seasonal Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) WILLIAMS moved to protest the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.), seconded by BRANSON Clerk Javier reported this application was for a new seasonal liquor license for Kodiak Lodge at Larsen Bay. She recommended that the Assembly voice protest based on the following: • The State of Alaska, Department of Public Safety Division of Fire Prevention recommended disapproval to the application until a plan review was completed. • Larsen Bay City Council voiced non- support to the application. • A zoning issue needed to be addressed. Manager Gifford provided a memo to the Assembly addressing the zoning issue. He noted the lodge is currently located in a single - family residential zoning district. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 2 Mayor Selby opened the public hearing; hearing and seeing none, he reconvened the regular meeting. In response to Assemblymember Williams, Manager Gifford said they could reapply for a license, but not sure if annually. Assemblymember Stephens was against the protest. He said this was a seasonal license and the lodge should have the right to acquire a license. He would like to see the City of Larsen Bay pass an ordinance regarding its designation. He said the zoning issue was irrelevant to the protest. Assemblymember Williams concurred with Assemblymember Stephens regarding the need to clearly state the designation of City of Larsen Bay. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Branson, Oswalt, Ranney (Ayes); Stephens, Williams (Noes) BOROUGH MANAGER'S REPORT Manager Gifford reported staff met with the Department of Fish and Game's biologist and with Kodiak Sanitation to discuss the garbage dumpster issue. He reminded the public to keep the dumpster lids closed. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby met with Congressman Young, his staff, and other congressional members to review the Borough Capital improvement project list and to follow up with FEMA on the seismic grant application. He gave an update regarding the Fiber Optic Cable from Seward to Kodiak. He said testing would be done in November and service available to Kodiak in January. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The motion that is before the Assembly from the July 6 meeting was to "Adopt Resolution No. FY2007 -01." Manager Gifford reported the latest estimate for paving Woodland Acres is $1,900,374 (7/27/06 estimate). This would pave the entire subdivision with 3" of asphalt, 4" of base and address various drainage issues. The estimated cost to the paving district will be $9,691 per lot. If the Assembly moves forward with the paving district, Staff recommends that Resolution No. 2007 -01 be amended to reflect the latest estimates and provide direction to staff as to what, if any, of the project should be done as alternates. The project should go out to bid with a base bid and include bids for various alternates. If the Assembly fails this resolution, staff would bring in the near future a final resolution setting the assessment roll for the engineering costs for the Woodland Acres Paving District, unless the Assembly puts this on hold until a paving plan can be adopted. Assemblymember Ranney hoped for a reasonable cost to the residents. Assemblymember Abell thanked E &F Director Cassidy for all the work he has put into this project. He was against going out to bid. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 3 Assemblymember Stephens clarified that the Assembly followed an unusual procedure as opposed to some understanding that it did not follow procedure in the Borough code. He would vote against the resolution since there was a significant amount of opposition. Assemblymember Branson appreciated those who commented. She hoped that they could find solutions since paved roads are very important. Assemblymember Oswalt thanked everyone for his or her participation. He urged residents to work with their service area board. Assemblymember Williams appreciated everyone's participation. ROLL CALL VOTE ON MOTION TO ADOPT FAILED: Branson, Oswalt, Ranney, Stephens, Williams, Branson After an eight- minute break, Mayor Selby reconvened the meeting at 9:06 p.m. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. BRANSON moved to approve Contract No. 2007 -07 with the City of Kodiak for the period of July 1, 2006 through June 30, 2008 in the amount of $72,380 per year, seconded by WILLIAMS Manager Gifford reported this contract was for two years. The City of Kodiak has indicated that the cost of this service will increase for the Borough in the amount of $12,380 annually. The annual fee for this service agreement will then be a total of $72,380. ROLL CALL VOTE ON MOTION CARRIED: Oswalt, Ranney, Stephens, Williams, Abell, Branson B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as Reflected on the Attached Map. OSWALT moved to adopt Ordinance No. FY2007 -04 to advance to public hearing on August 17, 2006, seconded by BRANSON Manager Gifford reported that upon adoption of this ordinance, the question of exercising the powers necessary to provide construction, operation, and maintenance of streetlights in the Spruce Cape Subdivision will be submitted to the voters. The proposed ordinance was reviewed by the Borough attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Oswalt Kodiak Island Borough Assembly Minutes August 3, 2006 Page 4 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. WILLIAMS moved to adopt Ordinance No. FY2007 -05 to advance to public hearing on August 17, 2006, seconded by OSWALT Manager Gifford reported this ordinance would place before the voters this fall, the question of the additional costs needed to construct the new pool. The original cost has increased since the original bond vote. It is estimated to cost approximately $13,710,000 and an additional $7,500,000 is needed in order to complete the construction. The proposed ordinance was reviewed by the Borough's bond counsel. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Oswalt, Ranney OTHER ITEMS 1. Appointment to the Personnel Advisory Board. ABELL moved to confirm the appointment of Mr. Chris A. Nielsen to the Personnel Advisory Board for a term to expire December 2007, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Oswalt, Ranney, Stephens CITIZENS' COMMENTS Peggy Tuttle urged the Assembly to give guidance to service area boards. Iver Malutin asked for an Anton - Larsen Bay project update. In response, Mayor Selby said Manager Gifford would have a report at the next meeting. Mike Pfeffer thanked the Assembly for failing the paving resolution. In response to Clarence Selig, Manager Gifford said staff has been working with Kodiak Sanitation to address the dumpster problems. ASSEMBLYMEMBER COMMENTS Assemblymember Oswalt hoped staff would come with a solution regarding dumpster issues. Assemblymember Abell said the Manager was working with a priority list. There were too many projects and he assured Mr. Malutin that the Anton - Larsen Bay project was not forgotten. Assemblymember Branson supported the idea of having communication with Service Area boards on a regular basis. She asked the Clerk to provide training every year to different boards. ANNOUNCEMENTS Mayor Selby announced the Assembly would hold a work session on Saturday, August 5 at 9 a.m. to discuss the use of the facilities fund at the Kodiak Fisheries Research Center's main conference Kodiak Island Borough Assembly Minutes August 3, 2006 Page 5 room. The Assembly would meet in a work session on Thursday, August 10 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 17, 2006 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. WILLIAMS moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Oswalt, Ranney, Stephens, Williams Mayor Selby recessed the regular meeting at 9:30pm to convene into executive session and invited all Assemblymembers, the Mayor, and the Manager to participate. The regular meeting was reconvened at 9:40 p.m. WILLIAMS moved to increase Manager Gifford's annual salary by $5,000 retroactive to his anniversary date, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Oswalt, Ranney, Stephens, Williams, Abell ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson The meeting adjourned at 9:40 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 3, 2006 Page 6 TO: FROM: RE: MEMORANDUM Rick Gifford, Borough Manager Melvin M. Stephens, II Contract 2007 -11 — Architectural and Upgrade and Other Projects DATE: September 6, 2006 MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE (907) 486 -3143 The questions or issues I raised Thursday night include the following: till SEP - 6 2006 KIB MANAGER Respoose -Prim PP poor2 Engineering Se ed rA,WROVd is CLERK'S OFFICE / COPIED : ✓ ASSEMBLY ‘ MANAGER 1 �) _ 1 OTHER At last Thursday's work session Bud asked if he could get my questions or concerns about the above contract in writing. To avoid chain of command issues, I am sending them to you with the expectation that they will be passed on. 1. I feel we need to include explicit language giving the borough the unilateral right to delete the KHS VocEd Renovation & Pool Reclamation Project from the contract without cost or penalty of any kind. If the pool bond fails, we won't be reclaiming the pool space anytime soon. This is not covered by §1.3.3.1. Indeed, §1.3.3.2.4 recites that the Architect "shall be entitled to an appropriate adjustment" in compensation in the event of a "significant change in the Project." Avoiding a dispute about what is "appropriate" in the event we delete or modify the VocEd Renovation & Pool Reclamation Project is precisely what I am concerned about. 2. Section 1.1.5 says that the design budget is $733,484 but then qualifies this with the statement that "[t]hese fees are only estimates to be billed on a time and materials basis." What does this mean? If it means that the borough is going to pay the Architect on an hourly basis, then where is the schedule showing whose time is billed at what rate? Note, in this regard, that §1.4.1.3 does not list the Architect's response to the borough's RFP #1 as a document forming part of this agreement. I haven't seen that response. It may include the Architect's hourly rates but also may not, as fee issues were supposed to be left for subsequent negotiation. 3. This brings me to a question I didn't ask last Thursday: With whom, other than Jensen Yorba Lott, Inc. did we negotiate on this project and what was their prposal on fees? In other words, how did our procedure in negotiating this contract differ from the procedure we followed last fall in negotiating the pool design contract with ECI Hyer? 4. What possible justification could there be for allowing the Architect a 10 percent markup on reimbursable expenses? If I spend $1,000 on necessary travel for the borough, I am entitled to be reimbursed to the tune of $1,000, not $1,100. Why should the Architect be treated any Rick Gifford -2- September 6, 2006 differently? Giving me a 10 percent "profit" actually encourages me to run up my travel bill — e.g., by intentionally not booking 14 days in advance. I acknowledge that many "cost- plus" construction contracts will provide the contractor a slight markup on materials which he purchases for a particular project. I do not think this contract is at all similar, however. The amounts involved may not be huge but this is a big issue with me because I can't see any logic whatsoever in what is being proposed. 5. Is it reasonable to expect that all of these projects will be completed within 24 months? If not, then why are we including them all and agreeing to a CPI markup in §1.5.9? The time period which is referenced in §1.5.9 should allow for completion of all of the projects covered by this agreement and provide a reasonable cushion thereafter. 6. A related question which I did not ask last Thursday because the hour was getting late is: Are we reasonably confident that all of these projects can be completed within the specified $9,267,958 budget? If not, and especially if we think there may be a significant shortfall in our budget (such as was the case with the pool), why are we including them all? If we can't do everything we planned with the money we have, why not bite the bullet and cut our list now rather than design one or more projects which we don't have the money to complete? DATE: TO: THRU: FROM: SUBJ: KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM September 4, 2006 Borough Assembly Rick Gifford, Manager Bud Cassidy, Director of Engineering and Facilities Negotiations with Architects - RFP #1 (Borough Hill Bond Projects) and Projects INTRODUCTION This memo is written in response to a question from Assembly member Mel Stephens regarding the process of selecting the architectural firm Jensen, Yorba, Lott (JYL) to perform the design for KIB bond projects scheduled for Borough Hill, as well as the additional design work that became evident as a result of our seismic vulnerability study. In particular, Assembly member Stephens' question referred to the other firm we may have negotiated with as part of this project. The Borough selects, negotiates, and hires architects through a review process known as QUALIFICATION BASED SELECTION (QBS). It is an industry standard. This means we hire an architectural firm based on experience and qualifications - not on price or low bid. In selecting JYL as the Architect for the RFP #1 projects, it was felt by the Architectural /Engineering Review Board (ARB) and staff, that JYL was the most experienced and best qualified firm with the best team of engineers who responded to our proposal. A public ranking by the ARB of all firms that submitted proposals narrowed down the list to the "top 4" firms. These firms were asked to make a presentation and were interviewed by the ARB. After this process, JYL was ranked #lby the Board and staff. In fact, it was unanimous. Negotiations with the #1 ranked firm, selected by the ARB commenced and after a long process of negotiations a draft contract, at a reasonable price, was agreed upon by all parties. It is this contract that is under review by the Assembly. Based on the ability to finalize a contract with the #1 ranked firm, and under the QBS process, there was no need to negotiate with the second ranked firm — USKH. USKH, when contacted, agreed and encouraged use of the QBS process and stated they would participate in negotiations only if a contract could not be negotiated with the first firm. QBS Process The QBS process is one where an architect and his team of engineers (structural, mechanical, electrical, and civil) are deemed best qualified and experienced for the job. We inform firms in the request for proposals (RFP) that selection of the "design team" will be based on the QBS process and, in fact, price will not be discussed or considered. Selecting an architect is like selecting a doctor or attorney. It is not based on low bid, but on experience and performance. It remains a competitive process; however instead of being based on price, it is based on qualifications. Many of the tasks required of the architect have not been identified. It will be his responsibility to meet with and interview staff and users, as well as work with the ARB to ensure the building designed will function the way it is envisioned. It is a creative process as many items will be added to the project as well as subtracted from the process. Determining a final price is difficult if this kind of give and take occurs. AS 36.30.270 discusses the QBS process and requires that "procurement officers shall negotiate a contract for an agency with the most qualified and suitable firm or person of demonstrated competence for architectural...services ", and "if negotiations with the most qualified and suitable firm or person ... are not successful, the procurement officer shall negotiate a contract with the other qualified firms...in order of public ranking ". Our process is the same. We want firms to talk to us based on their qualifications, not on price. ARCHITECTURAL/ENGINEERING REVIEW BOARD Selection of an architect goes through an elaborate public process. The Borough Assembly has created a review board to interview perspective architects who have responded to an RFP . The Architectural/Engineering Review Board (ARB) is composed of knowledgeable individuals in the field of construction. Members on the Board include an electrical administrator, a number of general contractors, and carpenters. These members are familiar with construction in Kodiak. Many of the members have been on the Board for a number of years and have been involved in complex projects such as the PKIMC hospital and the Kodiak Fisheries Research Center. Many have worked with JYL on the successful Kodiak High School Roof project; this success is what made them the overwhelming choice. CONCLUSION The cost of work performed by architects is a minuscule part of the overall price of a building if you factor in construction costs and life -cycle costs of the building over the 40 -50 year life of the building. Architects' fees are on the order of 1% of this overall cost. Long term operations and maintenance are the largest part of a building cost. We have negotiated a contract at a reasonable price with the #1 ranked firm. It is a fair contract with a firm that we have worked with and who performed well for the Borough in the past. It is recommended that Assembly approve this contract. MEMORANDUM DATE: September 7, 2006 TO: Bud Cassidy FROM: Ken Smith RE: Assembly Member Stephens Concerns - Contract 2007 -11 A &E Services for KMS Seismic Upgrades and other Projects 1. Added the following language to § 1.3.3.1 KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith@kib.co.kodiak.ak.us "The Owner reserves the express right to cancel any of the Projects included in Section 1.1.2.1. If a Project is cancelled, the Architect shall be compensated for any time or material costs expended up to and including the time the Owner cancels that project. There shall be no further compensation to the Architect for that work." 2. The stated amount of $733,484 in § 1.1.5 is the amount that is budgeted in the DEED project agreements for the bond projects plus 10% of the Seismic Upgrade budgets, plus $40,000 for reimbursable expenses and a 10% contingency. The scope of work is not clearly defined for the projects at this point in time. It will be further defined in the schematic phase as a part of the work. The scope of work will be tested against the budget at the end of the schematic phase. 3. Selection of Architects and other Design Professionals is Quality based rather than lowest bid (see memo from Bud Cassidy dated September 4, 2006). 4. The 10% markup on reimbursable expenses allows for the clerical /administrative costs incurred in, for example, making flight arrangements, securing lodging, etc. and the accounting activities that take place when bills for these reimbursable items are received and paid and financing them in the interim. 5. Design completion not construction in §1.5.9 has been changed to 36 months. It is anticipated that that would preclude the need to provide compensation accelerated to match the national rate of inflation. Memo 060907 Re Assy Member Stevens Concerns.doc 6. There are many reasons for including all of the projects in this design contract. They are Bond projects that were approved by the voters. They have the commonality of location. Grouping the design under a single contract provides economy of scale and eliminates duplication of work (ie interviews, negotiating contracts, duplication of drawings, etc) Granted, all of the projects may not be completed within the $9,267,958 budget and with all of scope of the work intended at the time the budget was established included. This discovery and determination is part of the work included in the professional services contract. The goal is to maximize the amount of work that can be accomplished within the established budget and/or to establish the additional budget that is required to accomplish the work in the case the existing budget is insufficient. The decision to cut or change the scope of the work should be based upon more information than is currently available. Further developing this information and testing budget is a part of the scope of work in the professional services contract. Memo 060907 Re Assy Member Stevens Concerns.doc Alaska Statutes: AS 36.30.270. Architectural, Engineering, and Land Surveying Contracts. Page 1 of 2 Procurement Government Bids.com Bids, RFPs and Contracts eProcurement On Demand Reduce purchase costs by process 20,000 governments, One Federal, State, Local: email alerts Enable Suppliers & Cut Costs. .efficiencies and lower prices. _Location. Bids, Advance Notices sent to you each day. Free Trial Ketera: The Proven Spend and Awards. Solution. Ads by G000000gle You can also go to The Alaska Legal Resource Center or search the entire website. Touch N' Go®, the DeskTop In- and -Out Board makes your office run smoother. Visit Touch N' Go's Website to see how. SOFTWARE H 0 T L 1 N K THE DESKTOP 1N.AND -O Alaska Statutes. Title 36. Public Contracts Chapter 30. State Procurement Code Section 270. Architectural, Engineering, and Land Surveying Contracts. previous: Section 265. Multi -Step Sealed Proposals. next: Section 300. Single Source Procurements. Advertise on this site AS 36.30.270. Architectural, Engineering, and Land Surveying Contracts. (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a procurement officer shall negotiate a contract for an agency with the most qualified and suitable firm or person of demonstrated competence for architectural, engineering, or land surveying services. The procurement officer shall award a contract for those services at fair and reasonable compensation as determined by the procurement officer, after consideration of the estimated value of the services to be rendered, and the scope, complexity, and professional nature of the services. When determining the most qualified and suitable firm or person, the procurement officer shall consider the (1) proximity to the project site of the office of the firm or person unless federal law prohibits this factor from being considered in the awarding of the contract; and (2) employment practices of the firm or person with regard to women and minorities. (n) 11 negotiations with the most qualified and suitable firm or person under (a) of this section are not successful, the procurement officer shall negotiate a contract with other qualified firms or persons of demonstrated competence, in order of public ranking. The procurement officer may reject all or part of a proposal. (c) This section does not apply to contracts awarded in a situation of public necessity if the procurement officer certifies in writing that a situation of public necessity exists. (d) Notwithstanding the other provisions of this section, a procurement officer may include price as an added factor in http: / /touchngo.com/lglcntr /akstats/ Statutes/ Title36 /Chapter30 /Section270.htm 9/7/2006 Alaska Statutes: AS 36.30.270. Architectural, Engineering, and Land Surveying Contracts. Page 2 of 2 selecting architectural, engineering, and land surveying services when, in the judgment of the procurement officer, the services required are repetitious in nature, and the scope, nature, and amount of services required are thoroughly defined by measurable and objective standards to reasonably enable firms or persons making proposals to compete with a clear understanding and interpretation of the services required. In order to include price as a factor in selection, a majority of the persons involved by the procurement officer in evaluation of the proposals must be registered in the state to perform architectural, engineering, or land surveying services. (e) This section does not apply to a contract that incorporates both design services and construction. Article 04. OTHER PROCUREMENT METHODS Procurement Automation Get Government Contracts Get Government Contracts GSA Contract Approval Increase your Purchasing B2G Custom Contract Leads w/ Our Program Gets Contracts Fast Small Business GSA contract, Efficiency and Processes to Bid Notification. Try a Free Demo Modest Fee Delivers Excellent vendor approval, $4600, start to Reduce Costs. Now. R.O.I award. Ads by G000000gle Note to HTML Version: Advertise on this site This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e -mail Touch N' Go systems at E -mail. We hope you find this information useful. Last modified 9/3/2005 http: / /touchngo.com/lglcntr /akstats/ Statutes/ Title36 /Chapter30 /Section270.htm 9/7/2006 MEMBER SOCIETIES Alaska Society of Professional Engineers Alaska Society of Professional Land Surveyors American Congress on Surveying & Mapping Alaska Section American Institute of Architects Alaska Chapter American Society of Civil Engineers Alaska Section American Society of Landscape Architects Alaska Chapter Architecture /Engineering Marketing Association of Alaska Alaska Professional Design Council • PO Box 100515 • Anchorage AK 99501 -0515 Consulting Engineers Council of Alaska Professional Engineers in Private Practice Alaska Chapter American Society of Interior Designers April 17, 2006 Mr. Bud Cassidy, Project Manager Engineering /Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 Via Email: bcassidy @kib.co.kodiak.ak.us Re: RFP Kodiak Island Borough New ADF &G Building Dear Mr. Cassidy: The Alaska Professional Design Council (APDC) is a consortium of professional organizations representing more than 1500 Alaskan professionals in the fields of architecture, engineering, interior design, landscape architecture and surveying. In response to fee -based selection that occurs from time to time, the ADPC has formed a Qualifications Based Selection Committee. The Kodiak Island Borough has issued a Request for Proposals (RFP) for a new building for the Alaska Department of Fish and Game (ADF &G). The first part of the RFP has the traditional qualifications request, which includes criteria and scoring. This is an excellent way to select an Architect /Engineering team for a project such as this one. However, the RFP also states that after interviews, the top firms may be required to submit a fee proposal and final selection may be based on that fee. We think you should be aware that comparing fees without negotiating a defined scope of work is actually the least effective means of ensuring fiscal accountability, predicting costs of your project, or assuring high quality design services. This is why Federal and State projects require that architectural design teams be chosen based on qualifications rather than fees. When a construction contractor provides a fixed price for a project, is based on a known set of criteria — detailed drawings and specifications. Each contractor is bidding on the same scope and there is no room for interpretation. The Owner can be sure that the project will have the same number of doors and windows, number of parking places, quality of materials, etc. In short, the building will be the same, no matter which firm wins the low bid. When professional design firms are asked to provide fee for services without a detailed and negotiated scope of work, the firms will base their fee on different assumptions. April 17, 2006 Kodiak Island Borough Page 2of2 Robert J. Lang, P.E. President Alaska Professional Design Council • PO Box 100515 • Anchorage AK 99501 -0515 Although the Borough included a Needs Assessment in the RFP, it does not provide sufficient information to develop an accurate fee. For example, much of the information contained in the Needs Assessment, including the cost per square foot, appears to be questionable and the A/E Team will be asked to update it. However, there is no way of knowing what features will be added or subtracted from the existing Needs Assessment. Therefore, any firm selected to provide a fee will have to make many assumptions that could prove to be incorrect. In addition, site work design effort will likely vary based on the final selected site. In cases like this one, each firm proposing will assume a different amount of work for the various tasks and none of the firms may propose all of the services the Borough is expecting. If this happens, we believe that the Borough may actually end up spending more money in the long run by choosing the firm with the lowest price. As design and engineering professionals, we make our living working with clients such as the Kodiak Island Borough. We understand tight budgets, short timelines, and increasing demand for your services. We want the Borough to receive the best possible and most cost - effective services for the new ADF &G Building. Therefore, we ask that you drop the fee portion from the RFP and issue an addendum to that effect. We truly feel that this will best serve your project. Sincerely, ALASKA PROFESSIONAL DESIGN COUNCIL, INC. BBFM Engineers Inc. STRUCTURAL CONDITION SURVEY FOR KODIAK HIGH SCHOOL POOL KODIAK, ALASKA SEPTEMBER 7, 2006 PROJECT NUMBER: 206115 CLIENT: Kodiak Island Borough Engineering & Facilities Department 710 Mill Bay Rd. Kodiak, AK 99615 510 L Street, Suite 200 Anchorage, AK 99501 -1949 (907) 274 -2236 (907) 274 -2520 Fax Table of Contents Page Introduction 3 Structure Information 3 Structural Issues Observed 4 Evaluation and Recommendations 6 Summary 7 Appendix 8 2 Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 3 Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 Introduction This report was prepared by BBFM Engineers on behalf of the Kodiak Island Borough. The report documents the condition of an existing swimming pool located at Kodiak High School. Deterioration of the pool and surrounding concrete deck is a concern to the Kodiak Island Borough and prompted this survey. The site visit for the structural condition survey was conducted on August 10, 2006 by Anne Anderson, P.E., with BBFM. Structure Information BBFM was provided with two sets of drawings: the original drawings for Kodiak High School dated April 17, 1972 (Designer: Crittenden, Cassetta & Cannon /Hellmuth, Obata & Kassamaum) and the High School Swimming Pool Replacement drawings dated February 19, 1982 (Designer: CTA Architects Engineers). The latter set will be referred to as the 1982 drawings throughout this report. For reference, project north points toward the shallow end of the pool. The original pool was part of the original 1972 high school construction. The 1972 drawings show a concrete pool but it was changed to an aluminum pool. There are no documents available for the pool deck as constructed for the aluminum pool. In 1982, the aluminum liner and underlying concrete was removed and replaced with the existing concrete pool structure described in this report. According to the 1982 drawings, the existing pool is 42 feet wide and 75 feet 1 inches long (inside dimensions). The concrete pool walls are typically 9 inches thick and vary in height from 3 feet at the shallow end to 9 feet 11 -1/2 inches at the deep end. The bottom 5 feet at the south wall (the deep end) is 21 inches thick. See Figures 1, 2, and 3 in the appendix for typical details from the 1982 drawings. (These Figures are details 1, 2, and 3, respectively, shown on sheet A -2 of the 1982 drawings.) The bottom of the concrete pool is a 6 -inch concrete slab. The pool is Tined with ceramic tile over a mortar bed. A concrete deck with tile finish surrounds the pool. The deck structure is a concrete flat slab spanning between a foundation wall and a perimeter beam running adjacent to the north, west, and south sides of the pool. The beams around the pool are supported on 12x12 columns at varying spacing. The deck on the east side of the pool is spanning between a foundation wall and another wall approximately 2 feet from the edge of pool. The deck cantilevers over the wall and abuts the pool structure. A pool equipment room located on the lower level at the south end of the pool allows direct access to the exterior surface of the pool and the underside of the deck. Crawl spaces on the west and east side of the pool allow access to those walls and deck. The crawl spaces on each side become progressively shallower as they approach the north end (shallow end) of the pool, therefore the pool wall and deck on the north side were �,t observed during visit. UUlllly this VISIT. Structural Issues Observed Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 Deterioration was observed in the concrete deck in the following locations: • At the south deck, just east of the diving board, a 3' -0" x 5' -8" portion of the concrete deck was removed and replaced as part of the 1982 pool replacement. Figure 4 shows the west side of the patch. The east side of the patch can be seen on the other side of the steel partition. The patch appears not to have been sealed properly at the slab surface, allowing water to penetrate the joint and corrode the reinforcing in the slab at the joint. Figure 5 shows a close -up view of the northwest corner of the patch. • At the south deck, near the west door to the pool equipment room, some concrete has spalled off the bottom side of the deck and exposed slab reinforcing bars. Figure 6 shows the corroded reinforcing in this location. • At the west deck, near the entrance to the crawl space, water has penetrated the slab and corroded some reinforcing. See Figure 7. In the same general area, there are stalactite -like formations on the underside of the deck where it appears water has penetrated the deck. Figure 4. Patched area in concrete deck Figure 6. South deck near west door Figure 5. Corrosion in rebar at patch 4 Figure 7. West deck near west door Deterioration was observed in the beam adjacent to the south side of the pool. In two locations, corroded reinforcing can be seen. Both are located to the east of the diving board. In Figure 8, the thickened slab at the diving board can be seen on the left and corroded reinforcing, including a shear tie, can be seen just to the right. In Figure 5, the corroded reinforcing in the beam can be seen in the bottom left -hand side of the photo. To the west of the diving board it appears the concrete on the bottom of the beam is spalling — probably due to corrosion of the reinforcing (Figure 9). Figure 8. Corroded reinforcing in south beam Figure 9. Spoiling, bottom of south beam On the east side of the pool, the steel deck on the underside of the concrete deck has corroded (Figure 10). It appears the steel deck was used as a form for the concrete deck, which would make it a nonstructural element and therefore not a structural concern. Figure 10. Corroded form deck Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 Separating the concrete pool structure from the concrete deck structure on the south, west and north sides is a 3 /4" gap with a crushable filler. Refer to detail 8, sheet A -3, 1982 drawings, also shown in Figure 11 in the appendix. Water has penetrated this gap and run down the exterior surface of the pool, staining the surface of the concrete. An angle that runs along the bottom of the joint between the deck beam and the pool gutter is badly corroded. This can be seen in Figures 8 and 12. The angle is not shown in either drawing set. It may have been part of the original aluminum pool, but does not appear to have a structural purpose in the existing pool. The pool water produces a significant 5 Evaluation and Recommendations Figure 12. Beam /pool interface 6 Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 lateral load on the pool walls at the deep end. It is possible the walls have deflected horizontally under the water pressure, compressing the crushable filler, and are relying on the beams for lateral support. On the east side, the pool wall at the deep end may be bearing against the concrete deck (at the gutter) and /or at steel angles that are spanning along and between the pool wall and the nearest foundation wall (shown in Figure 13). These angles, which are now badly corroded, are not shown on either set of drawings. While the angles may have been used to support the form for the cantilevered deck during construction, their structural purpose is not clear. Loose tiles on the east side indicate there may be some movement at the overflow gutter at the top of the wall where it may be bearing against the concrete deck. Figure 13. Steel angles on east side of pool, Figure 14. Steel angles on east side of pool, in space between foundation and pool wall seen through sawcut hole in foundation wall The corrosion in the concrete deck and beam reinforcing is not an immediate structural concern, but if the pool is to remain in service for more than two years, the source of corrosion should be eliminated to prevent the condition from becoming worse. Remove the tile as needed and seal the joints and cracks on the surface of the concrete deck that appear to be allowing water to penetrate. After sealing, check the reinforcing at least annually to ensure water is no longer penetrating the joint and causing further corrosion. The corrosion in the steel angles on the north, west, and south sides of the pool is not a concern since they do not appear to be structural elements. On the east side of the pool, the corroding angles may be trying to stop the pool wall from deflecting laterally. It is recommended the pool wall be retrofitted on the east side with lateral supports as shown in Figure 15 in the appendix. The support should be placed at mid - length of the pool and every 7' -6" on- center (maximum) from mid - length to the end of the pool at the deep end. There will be a total of six supports. The pool wall should be stabilized (either by draining the pool or laterally supporting the pool wall with shoring) before any construction begins. Until lateral supports are in place, more tiles may loosen in the area. Summary The existing pool and surrounding deck is showing signs of deterioration. Water intrusion on the exterior side of the pool is causing staining on the exterior surface of the concrete and causing steel to corrode. The corroded steel includes reinforcing in the concrete deck and beams, steel angles surrounding the pool wall, and steel form deck. A detail for lateral supports to be added to the east side of the pool at the deep end may be found in the appendix. If the pool is to be in service for more than two years, it is recommended joints and cracks in the concrete deck be sealed. D nhis L. erry, P.E., Princi BB ngineers Inc. 7 Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 a/4 Anne K. Anderson, P.E., Senior Project Engineer, BBFM Engineers Inc. APPENDIX 8 Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 1 • 2 ,47 0 :40 * •A. ktY • g., • 1.:477■ ...%2 t/LL LC Figure 1. Pool wall, deep end -......c.,,,a..-4. 7:;':. 1 ' 4 _ .... '-..r.'.--1'".!;•4--4."1,43:4"..*F*..:',:: - 1 . -- --'-' .A 37 - '.4 . 11 . _ i ■ I '...'F.A.4-. C-4.1" 4-A ?..... CoVi i VV... 7., kW.' `AG -•,,,,, / 4. 1 Figure 2. Pool wall — shallow end Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 • Figure 3. Pool side walls 1 ; ! • ' 14 [ • . 1:• . •••'" ,*'-- * *.; • " .1. 'I, • . • • — , 1 • M1; e - • Figure 11. Detail at beam Kodiak High School Pool PROJECT NUMBER: 206115 DATE: SEPTEMBER 7, 2006 PROVIDE j" GAP FOR SHIM STOCK TO ALLOW FOR TOLERANCE IN FIELD fl hx4x0' -9" EACH END W/2 -4'0 HILTI KWIK BOLT 3 6" OC POOL WALL EXISTING 6" CONC FDN WALL TYP SEE 1982 DRAWINGS 8/A -3 FOR MORE INFO 16 2 MIN EMBED TYP I NOTES: 1. PLACE ANGLE SUPPORTS ® 7' -6" OC FROM MID — LENGTH OF POOL TO END OF POOL AT DEEP END. 2. SHIM AS REQUIRED FOR FULL BEARING AT ANGLE. EXISTING 6" CONC SLAB L3x2x% LLH LATERAL SUPPORT AT EAST POOL WALL SCALE: 3/4 " =1' -0" BBFM Engineers Inc. DRAWN BY: JDA CKD. BY: — DATE: 9/7/06 PROJECT N AM E EXISTING KODIAK POOL PROJECT NUMBER 206 115 DRAWING NUMBER FIGURE 15 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Purchase of a Triple Combination Pumper for Bayside Fire Department Bayside Fire Department (BFD) is replacing the existing 1983 fire truck with a new Pumper Fire Engine. The cost of the tanker includes the tank, hoses, pumping equipment and other accessory items used to successfully extinguish fires. Two firms responded to the RFP for the Triple Combination Pumper. Bids were as follows: Pierce Manufacturers and Hughes Fire Equipment: Quality Equipment Sales and Service: $ 385,754.00* $ 354,684.41 Item No. 13.A.1 Contract No. 2007 -10 *With prepayment discounts, the net Pierce bid is $365,450. Proposals were reviewed by staff, Service Area #1 board, and the Borough Attorney and the proposal submitted by Quality Equipment Sales and Service was found to be non- responsive. It is recommended that Pierce Manufacturers and Hughes Fire Equipment be awarded this contract and KIB take full advantage of their prepaid discounts. The approved cost would be for an amount not to exceed $365,450. Bayside Fire is also interested in piggy backing the purchase of another similar, but not identical vehicle on to this bid. After Attorney review, his opinion is that such action is inconsistent with the KIB code and is recommending not to purchase the second vehicle within the scope of this contract. ACCOUNT #: AMOUNT: Not to exceed $ 365,450. Recommended motion: Move to authorize the Manager to execute Contract No. 2007- 10 with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $365,450. e 0\ r)h DATE: TO: THRU: FROM: SUBJ: August 24, 2006 Borough Assembly Rick Gifford, Borough Manag Bud Cassidy, Director, Engi KODIAK ISLAND BOROUGH Engineering c Facilities Department MEMORANDUM Bayside Fire Department — Bid for Fire Truck rid Facilities Department I. INTRODUCTION This memo will address two issues associated with the purchase of a new fire truck for Fire Service Area #1 — Bayside Fire Station. These issues are: • Awarding a contract for the purchase of a new Fire Truck; • Desire by the Service Area board to piggy back on the contract approval of for another Fire Truck II. NEW FIRE TRUCK (TRIPLE COMBINATION PUMPER) a. BACKGROUND A new truck to replace the existing Bayside Fire Department's 1983 fire truck has been a desire of the board of this volunteer fire department. Their budget reflects a fund balance substantial to purchase this vehicle. Though a budget figure for this purchase was not formally adopted by the board, it was estimated to cost approximately $285,000.00 prior to developing specification for the vehicle. Specifications about what this truck was to look like and how it was to operate was a long process. Once the board was satisfied, a bid packet was developed, approved by the board, and drafted. It was sent out for solicitation through newspapers, and through the borough web site and to five fire equipment manufacturers. b. BID OPENING AND REVIEW Two bids were received and opened. The results are as follows: Company Price Quality Equipment Sales and Service $354,684.41 Pierce Manufacturing and Hughes Fire Equipment* $385,754.00 * With prepayment incentives reducing the price, the Pierce bid becomes $365,450.00. Upon review of these bids by staff and confirmed by the Service Area Board, it was determined that the bid submitted by Quality Equipment. L.L.C. was deemed non - responsive to the specifications provided in the bid packet and that the bid submitted by Pierce Manufacturing, Inc. through Hughes Fire Equipment satisfied the bid packet and bid specifications. c. BOROUGH ATTORNEY'S REVIEW The Manager directed that the information be forwarded to the Borough Attorney for review. The items provided the Borough Attorney were the Borough's solicitation for bids as well as the responses by both bidders. Upon review, the Borough Attorney agreed that the bid submitted by Quality Equipment Sales and Service did not meet the minimum qualifications of the bid packet. His opinion states that the bid submitted by Quality "can be rejected as both defective and non- responsive." His opinion is attached and available for your review. d. RECOMMENDATION Based on the determination that the Quality Equipment Sales and Service bid is deemed unresponsive, the Service Area Board and Borough staff is recommending that the purchase of a new Triple Combination Pumper fire truck be awarded to Pierce Manufacturing and Hughes Fire Equipment. The board also is also recommending that the Borough take full advantage of the prepayment discount package offered by Pierce Manufacturing. Therefore the recommendation is to award a contract for the purchase of a new Triple Combination Pumper to Pierce Manufacturing in the amount of $365,450.00. III. PURCHASE OF AN ADDITIONAL BAYSIDE FIRE DEPARTMENT SQUAD TRUCK THROUGH THE FIRE TRUCK BID a. INTRODUCTION The Board is also recommending to the Assembly the purchase of a second vehicle department vehicle, through Pierce Manufacturing and Hughes Fire Equipment, one similar to the Fire Truck by piggy backing onto the bid for the Triple Combination Pumper. The reason for this request starts with a cost savings to the service area of approximately $37,000 to $40,000 dollars. This purchase was scheduled for next fiscal year, but because of the savings, the board chose to move forward with this purchase this year. This savings is primarily the result of the purchase of a 2006 diesel engine. These diesel engines will be modified in 2007 to only burn ultra low diesel. These 2007 engines are estimated to cost more than $16,000 that the 2006 diesel engines. Not only will the engines cost more, they will physically be larger. This change in size will require a different chassis design. This chassis change will increase the cost of a 2007 fire truck. The total difference between a 2006 fire truck and a 2007 fire truck is $40,000. The truck chassis is the same, as is the engine, transmission, lights, cab configuration etc.) but this will be used to transport firefighters and their equipment and not water (with plumbing, values hose etc.) Though the board moved to recommend this from a cost savings standpoint, their caveat is if it can be done under the KIB code. Review by the Attorney of this ability to piggy back onto the first bid was clearly an unqualified No. The legal opinion states: The Borough code clearly requires that purchases such as this for a different truck be done via an advertised notice of bids. Based on the attorney's opinion, a bid for a second vehicle will require us to go out with another bid document and advertisement. OWNER - MANUFACTURER AGREEMENT Contract No. 2007- THIS AGREEMENT, made this day of , A.D., 2005, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Pierce Manufacturing, Inc., hereinafter called the Manufacturer. WITNESSETH: That the Manufacturer, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a Triple Combination Pumper [Vehicle], per the Specifications [part of the Contract Documents] for same, and for the sum Three hundred sixty -five thousand, four hundred fifty ($365,450.00) Dollars. The Manufacturer further covenants and agrees that the Vehicle shall meet the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Manufacturer further covenants and agrees that the manufacturing of said Vehicle shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein. The Agreement entered into by the acceptance of the Manufacturer's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached, including the Specifications. 1. The Agreement 2. Specifications 3. Instruction to Bidders 4. Bid Schedule 5. Bid Bond In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Manufacturer further covenants and agrees that said Vehicle shall be furnished and delivered to the satisfaction of the herein aforementioned parties, within twelve [12] months of the date of receipt of International chassis at Pierce facility. It is expressly understood and agreed that in case of the failure on the part the Manufacturer for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said Vehicle before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Manufacturer, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($100) per day for each and every \\Dove\Departments\EF\Service Districts\Fire Protection Area No. 1 Board \Triple Combo Pumper\Agreement 08.2006.doc Page 1 of 4 calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Manufacturer of the existing causes over which said Manufacturer has no control and which must delay the delivery of said Vehicle, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said Vehicle, and in such case the Manufacturer shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Manufacturer hereby agrees to receive the prices set forth in the Proposal as full compensation for furnishing and delivering the Vehicle as specified under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Manufacturer shall not assign this Agreement, nor any part thereof or any right to any of the monies to be paid him hereunder. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Pierce Manufacturing, Inc., has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH MANUFACTURER By By Rick L. Gifford Borough Manager By Attest: Charles E. Cassidy Engineering/Facilities Director By Nova M. Javier Borough Clerk Title: \\Dove\Departments\EF\Service Districts\Fire Protection Area No. 1 Board \Triple Combo Pumper\Agreement 08.2006.doc Page 2 of 4 INSURANCE SPECIFICATIONS Contract No. 2007 — The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Manufacturer shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Manufacturer allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Manufacturer shall maintain such insurance as will protect him from claims under Worker' s Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Manufacturer' s operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Compensation: The Manufacturer shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement. Manufacturer' s Liability: a) The Manufacturer shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. b) Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. c) Subcontractor' s Public Liability and Property Damage Insurance: The Manufacturer shall insure in this policy the activities of his subcontractors in type and amounts as specified in a) and b) above. The Manufacturer shall furnish certificates issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. The cancellation section of the insurance certificate will reflect that should any of the described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail thirty [30] days written notice to the Certificate Holder (Kodiak Island Borough), but failure to do so shall not impose no obligation or liability of any kind upon the insurer, its agents or representatives. Additional Insured: The Kodiak Island Borough will be included as an additional insured under Pierce Manufacturing, Inc.' s Blanket Additional Insured Endorsements for general liability and auto liability subject \\Dove\Departments\EF\Service Districts\Fire Protection Area No. 1 Board \Triple Combo Pumper\Agreement 08.2006.doc Page 3 of 4 to the policy terms, forms, conditions, and exclusions. Indemnification: To the fullest extent permitted by law, agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove\Departments\EiService Districts\Fire Protection Area No. 1 Board \Triple Combo Pumper\Agreement 08.2006.doc Page 4 of 4 Specifications 14t.1Ez5 /Pec .t SPECIFICATIONS FOR A TRIPLE COMBINATION PUMPER INTENT OF SPECIFICATIONS It shall be the intent of these specifications to cover the furnishing and delivery of a complete apparatus equipped as hereinafter specified. These specifications cover only the general requirements as to the type of construction and test to which the apparatus shall conform, together with certain details as to finish, equipment and appliances with which the successful bidder shall conform. Minor details of construction and materials, which are not otherwise specified, are left to the discretion of the contractor, who shall be solely responsible for the design and construction of all features. Apparatus proposed by the bidder shall meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of provided only as stated in the following pag Bids shall only be conside of fire apparatus constructs bidder shall maintain ded Evidence-of such a facility Each bidder shall furnish specified and shall state t bidder shall also show tha replacement parts for said Each bid shall be acco detailed description of th furnished under contract s and make of all component parts and equipment. utation in the field 20 years. Further, rvice of products. truct the apparatus is to be built. The rvice and to furnish ns" consisting of a hich the apparatus to size, type, model QUALITY AND WORKMANSHIP The design of the apparatus shall embody the latest approve s automotive ngmeering practices. The workmanship shall be of the highest quality in its respective field. Special consideration shall be given to the following points: Accessibility of the various units which require periodic maintenance, ease of operation (including both pumping and driving) and symmetrical proportions. Construction shall be rugged and ample safety factors shall be provided to carry the loads specified and to meet both on and off road requirements and speed conditions as set forth under "Performance Tests and Requirements". Welding shall not be employed in the assembly of the apparatus in a manner that shall prevent the ready removal of any component part for service or repair. All steel welding shall follow American Welding Society D1.1 -96 recommendations for structural steel welding. All aluminum welding shall be done to American Welding Society and ANSI D1.2 -96 requirements for structural welding of aluminum. Flux core arc welding shall use alloy rods, type 7000, American Welding Society standards A5.20- E70T1. The manufacturer is required to have an American Welding Society certified welding inspector in plant during working hours to monitor weld quality. Page 1 Bidder Complies Yes No • Bayside Fire Department Triple Combo Pumper Quality Sales Equipment o Pierce Manufacturing / Hughes Fire Equipment Firm Proposal/ Addenda N/A I S Corp. Acknowledgement I S I S Bid Schedule I S Bid Guarantee I Certificate of Insurance I S I S Envelope Properly Marked CO cn CO $385,754.00 Price Pierce Saber Pumper Model o = = c v N Q C = n o 0 a w /in 8.5 -9.5 months Projected Delivery Bayside Fire Department Triple Combo Pumper Specifications not in Compliance by Distributor/Manufacturer Pierce/Hughes Fire Equipment pg. 9 — Engine Brake pg. 32 — Backboard Compartment Quality Sales Equipment pg. 2 — Safety video pg. 5 — Maximum overall length pg. 6 — Wheelbase pg. 6 — GVW Rating pg. 6 — Frame pg. 7 — Front axle pg. 7 — Rear axle pg. 13 — Auxilary fuel cooling system pg. 14 — Tires pg. 14 — Automatic tire chains pg. 15 — Cab pg. 17 — Cab floor pg. 17 — Crew cab windows pg. 17 — EMS compartment pg. 17 — EMS compartment light pg. 18 — Mirrors pg. 18 — Bumper pg. 27 — Alternator pg. 30 — Service parts internet site pg. 34 — Compartments pg. 37 — Roll up door, side compartments pg. 43 — Step, pull out / drop down and stirrup style pg. 51— Foam proportioner pg. 63 — Electronic siren C:\Documents and Settings \bcassidy\Local Settings \Temporary Internet Files \OLKI066 \Specifications not in Compliance by Distributor.doc TO: Rick Gifford, Manager FROM: Fire Protection Area No. 1 Board DATE: August 16, 2006 SUBJECT: Purchase of New Fire Truck for District No. 1 At the Regular Meeting of Fire Protection Area No. 1 on August 15, 2006, bids were reviewed from Pierce Manufacturing, Inc./ Hughes Fire Equipment and Quality Equipment Sales & Service representing American La France. The Board voted recommending to the Borough Assembly to declare Quality Equipment Sales & Service representing American La France's Bid as a Non- Responsive Bid. The Board also voted recommending to the Borough Assembly to award to Pierce Manufacturing, Inc./ Hughes Fire Equipment for the purchase of a new Triple Combo Pumper for $363,825.00. Bid Price Less Prepayment Discount Require Performance Bond Less Deluge Plumbing Plus Extended Bumper Less Deleting on Spot Chains TOTAL: $385,754.00 (20,304.00) 925.00 (1,340.00) 1,590.00 (2,800.00) $363,825.00 The. Board gave direction to Chairman Scott Arndt to get a price quote from Pierce Manufacturing, Inc./ Hughes Fire Equipment on a Saber Chassis with a 2006 Cummins ISL 400 engine for a Walk In Rescue. This will provide Fire Protection No. 1 with two pieces of equipment with the same cab design (Saber style), frame, lighting, mirrors but most importantly, the same engine. This will facilitate easier maintenance and repair for many years to come. A Special Meeting will be scheduled once quote is received. TO: All Concerned FROM: Scott Amdt Chairman of Fire Protection Area No. 1 Board DATE: August 15, 2006 SUBJECT: Purchase of New Fire Truck for the District I have been reviewing the two bids. I. To see if they are both responsive bids; and II. to see if they meet the Bid Specifications Scott o4r.tdt P.O. Box 76 Kodiak, AK 481 -3745 MEMORANDUM I understand discussions are taking place with both bidders regarding questions on their respective Bid packages. The following is my review of the two Bids: August 1 at 3 p.m. bids were opened on a new Triple Combination Pumper for Fire District No. 1 Two bids were received. One from Pierce Manufacturing, Inc. and Hughes Fire Equipment (hereafter referred to as Pierce) and the other from Quality Equipment Sales & Service representing American La France (hereafter referred to as Quality). Absolutely nowhere in Quality's Bid Package do they State Model or Series of Custom Chassis. They enclosed a General Company Brochure and an F -Class Pumper Brochure in the Bid Envelope. Also, Nowhere does Quality state a delivery date for the Triple Combination Pumper. Quality submitted a Bid Schedule which says: "Quality Equipment Sales and Service in strict conformance with the contract documents will furnish and deliver the specified vehicle for the lump sum of $354,684.41." Pierce submitted a two -page cover letter with the Model of the Pumper, the price $385,754, the approximate delivery date (8.5 to 9.5 months), deduction options on prepayment and details on a 2006 engine versus a 2007 engine along with other documents. 1 Bid Proposal Exceptions per Quality's Bid: • On page five (5) Maximum Overall Length Their response is the overall length is 30'. This does not meet specifications of maximum 28 foot, 3.5 inches. • Page six (6) Frame says: "please see vehicle specs." Where are they? • Pages 15 — 17 Cab Construction says: "... please see specs for cab construction details." Where are they? Related to Cab and checked as not complying on the Specification, but not mentioned in the Exceptions is Cab Floor, Crew Cab Windows, EMS Compartment, EMS Compartment Light all on page 17. Quality does not explain what they plan to provide in there place. • Page 18 Bumper "American La France does not provide Bumper Reinforcement" the spec asks for I quote: "A one (1) piece, ten (10) -gauge 304 -2B Polished stainless steel bumper, a minimum 10.00" high shall be attached to the front of the chassis frame." The question I have is what do they propose to provide for a bumper? • Page 34 Compartmentation says "please see specs for details." Where are they? • Page 43 Steps says: "Detailed in Specs" Still cannot find them. Please go to page three (3) of Borough Specifications. Under "SPECIFICATION BID REQUIREMENTS" it says: 2 SPECIFICATION BID REQUIREMENTS Bidders shall also indicate in the "yes /no" column if their bid complies on each item (PARAGRAPH) specified. Exceptions shall be allowed if they are equal to or superior to that specified and provided they are listed and fully explained on a separate page. Proposals taking total exception to specifications shall not be acceptable. Also, bidders shall submit a detailed proposal. A letter only, even though written on a company letterhead, shall not be sufficient. Bid proposals shall be submitted in the same sequence as specifications for ease of evaluation, comparison and checking of compliance. An exception to these requirements shall not be tolerated. Pierce complies with paragraph one (1). Quality complies with paragraph one (1) but only in part. One very important paragraph not checked is paragraph two (2) of this sub - section which states: Also, bidders shall submit a detailed proposal. A letter only, even though written on a company letterhead, shall not be sufficient. Bid proposals shall be submitted in the same sequence as specifications for ease of evaluation, comparison and checking of compliance. An exception to these requirements shall not be tolerated. Pierce complies with paragraph two (2) with their 68 -page Proposal. Quality does not comply at all. They did not provide a bid proposal. Are we going to Tolerate this? Please go to page 14 of Borough Specifications under "STEERING ": STEERING A Ross TAS -85 steering gear, with integral heavy -duty power steering, shall be provided. The power steering shall incorporate a Vickers V2ONF hydraulic pump with integral pressure and flow control. A letter from Vickers, stating they approve of the hydraulic pump selection, its operating temperature and flow, shall be furnished with the bidder's proposal. The steering wheel shall be 18.00" in diameter, and capable of tilting and telescoping. Pierce complies. Quality does not comply. 3 Please go to page 21 of Borough Specification under Cab Warranty: CAB WARRANTY The bidder shall furnish a ten (10) year cab warranty. The warranty shall cover defects in design or workmanship in the cab tubular support and mounting supports and other cab structural components identified in the specifications. A copy of the warranty shall be submitted with the bid. (no exceptions) Pierce complies with a copy of warranty requirement. Quality does not comply. Please go to page 28 of Borough Specification under AMP Draw Report. AMP DRAW REPORT The bidder shall provide, at the time of bid and delivery, an itemized print out of the expected amp draw of the entire vehicle's electrical system. The manufacturer of the apparatus shall provide the following: 1. Documentation of the electrical system performance tests. 2. A written load analysis, which shall include the following: A. The nameplate rating of the alternator. B. The alternator rating under the conditions specified per: NFPA 1901, 1999 Edition, section 11 -3.2. C. The minimum continuous load of each component that is specified per: NFPA 1901, 1999 Edition, section 11 -3.2. D. Additional loads that, when added to the minimum continuous load, determine the total connected load. E. Each individual intermittent load. All of the above listed items shall be provided by the bidder per NFPA 1901, 1999 Edition, section 11 -15. Pierce complies with a copy of the Electrical Analysis Report. Quality does not comply. Please go to page 47 of Borough Specifications under Pump Plumbing Warranty PUMP PLUMBING WARRANTY The stainless steel plumbing components and ancillary brass fittings used in the construction of the water /foam plumbing system shall be warranted for a period of ten (10) years or 100,000 miles. This covers structural failures caused by defective design or workmanship, or perforation caused by corrosion, provided the apparatus is used in a normal and reasonable manner. This warranty is 4 extended only to the original purchaser for a period of ten years from the date of delivery. A copy of the warranty shall be submitted with the bid. (no exceptions) Pierce complies. Quality does not comply. Quality took exception to the Front Axle Bid Specification and said that they would substitute Model RF -22 -166 by Meritor. They also said the specs are the same. Turns out this is Not True! Our specification is for a Meritor axle, Model MX -19 -140. The maximum turning angle of the RF Series is 35 degrees, while the MX Series, as specified, offers a maximum of 42 degrees. Pierce provided a turning radius report with their Proposal and Quality did not. Other information I was able to find includes, but not limited to, the roller - shutter style hose bed cover required in our Specification and checked by both Pierce and Quality that their bids comply. This raises the question as to whether this is true or not. This option is available only to Pierce until April of 2007. For this reason, I doubt that American La France can offer it but again, there is no way to know without a proposal. This also raises a question in my mind on the Foam Proportioner System in the Specification which Quality took exception to. They state and I quote: "Husky is proprietary to other manufactures. ALF uses Foam Pro system which also meets required specs." The spec clearly calls for a hydraulically driven foam injection system. Foam Pro does not make such a system except their extreme high end products. The value of the hydraulic drive versus and electric 12 volt motor is that the hydraulic motor does not add a huge amp draw on what is often an overworked charging system. Foam Pro also does not provide the ability to refill the foam tank from the ground using and a fill tube through the pump. This is a safety issue with guys trying climb on top of the truck with five (5) gallon buckets. Because no Foam Pro model # has been provided, it is impossible to compare the performance specs. I can tell you that there is at least a $15,000 spread between the Foam Pro 1600 and 3010 system. One last thing I noticed in the Exceptions is related to the Bumper. It says "ALF does not provide bumper reinforcement ". In my opinion bumpers are by definition built to protect the body of the vehicle. A non - reinforced bumper will most likely require replacement when exposed to minor abuses. Oops! I missed the Service Parts Internet Site exception by Quality. I will elaborate at the meeting regarding the benefit of this service. 5 CONCLUSION: In conclusion, I find that we have not choice but to rule Quality Equipment Sales and Service representing American La France's Bid as a Non - Responsive Bid with findings supported in this Memo. Respectfully submitted, SCOTT ARNDT 6 Bid Tabulation Form Bayside Fire Department Triple Combo Pumper 7 Pierce Manufacturing/ Hughes Fire Equipment Quality Equipment Sales Envelope Properly Marked ✓ ✓ Bid Guarantee ✓ ✓ Addenda ✓ ✓ Bid Schedule ✓ ✓ Corporate Acknowledgment ✓ N/A Certificate of Insurance Due within 10 days of Notice of Intent to Award and Prior to Notice to Proceed included with Bid Price Less prepayment discount • Require Performance Bond • Deluge plumbing deduct • Net Bid Price $385,754.00 ($20,304) $925.00 <$1,340.00> $365,035.00 $354,684.41 None Included $354,684.41 • Model Pierce Saber Pumper Not stated on any paperwork • Projected delivery 8.5 to 9.5 months Not specified Required in specification within 12 months Requirements of Bid Specifications Detailed Proposal page 3 ✓ No Letter from Vickers stating: page 14 They approve of the Hydraulic Pump Selection ✓ No Cab 10 -Year Warranty page 21 ✓ No AMP Draw Report page 28 ✓ No Pump Plumbing Warranty page 47 ✓ No Bid Tabulation Form Bayside Fire Department Triple Combo Pumper 7 Meeting of: September 7, 2006 RFP# 1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation & KHS Pool Reclamation. Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The Architectural /Engineering Review Board [ARB], through an RFP process, has selected the firm of Jensen Yorba Lott Inc. of Juneau, Alaska to perform the Services specified in RFP# 1. Funds are in place through voter approved Bonds in the amount of $7,141,648 to accomplish the KHS /KMS Complex IRMA Roof Upgrade, Renovation of the KHS Learning Center, KHS Insulation and Window Replacement, and the KHS Voc -Ed Renovation and Pool Reclamation Projects. The Legislature approved $910,000 for Seismic Upgrades. Grant funds are also pending from FEMA in the amount of $1,000,000 for a PDM -C grant to fund the KMS Seismic Upgrade and $478,000 from an Alaska HMGP award to fund the KHS Library Seismic Upgrade. The Borough Engineering and Facilities Department's Bond Projects Office has negotiated an AIA Standard Form of Agreement Between Owner and Architect for Architectural and Engineering Services in the amount of $733,484 for the above work with an estimated Total Value of $9,268,000. The Borough Engineering and Facilities Department recommends awarding the A &E Design Services contract to Jensen Yorba Lott Inc. FISCAL NOTES [El] N/A APPRf \ /AI FIR AfPNnA: Kodiak Island Borough AGENDA STATEMENT ACCOUNT NO. 420 515 452 140 05013 5, 420 515 452 140 05014 5, 420 500 452 140 05015 5, 420 515 452 140 05017 5, 410 523 452 140 05022 4 Expenditure $ 733,484.00 Amount ‘ede Manager ITEM NO. 13.A.2 Contract No. FY 2007- 11 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY 2007 -11 to Jensen Yorba Lott of Juneau, Alaska in an amount not to exceed $733, 484.00. MEMORANDUM DATE: 8/25/06 0: Rick Gifford FROM: Ken Smith RE: Yorba - A &E Contract for Seismic Upgrades and Various Bond Projects Bond Projects included in this contract and listed below are funded through voter approved Bonds in the amount of $7,141,648 that are in place to accomplish the work. Grant funds are also pending from FEMA in the amount of $1,000,000 for a PDM -C grant to fund the KMS Seismic Upgrade and $478,000 from an Alaska FEMA HMGP award to fund the KHS Library Seismic Upgrade. These grants require a 25% match by the KIB. The Legislature approved $910,000 to fund Seismic Upgrades which will be used to provide the match funds and other seismic upgrades. An additional Alaska FEMA HMGP award to fund the Ouzinkie Seismic Upgrade in the amount of $310,000 is pending but is not included in the scope of this work. The table below shows the allocated budget amounts for each of the projects Project Bond Projects KHS Ext Insul and Window Replacement KHS VocEd Renovation & Pool Reclamation KHS /MS Complex Roof Upgrade KHS Learning Center Renovation subtotal bond projects Seismic Upgrade Projects KMS Seismic Upgrade $ 125,151 $ 985,441 $ 1,251,510 KHS Library Wing Seismic Upgrade $ 46,450 $ 334,050 $ 464,500 KHS Gym Seismic Upgrade $ 41,030 $ 308,500 $ 410,300 subtotal seismic upgrades $ 212,631 $1,627,991 $ 2,126,310 Reimbursable Expenses Contingency (10 %) Total Design Budget KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith@kib.co.kodiak.ak.us T vtu Design Const Bond Or Budget Budget Budget Amt (incl ovr'hd) $ 37,000 $ 269,673 $ 30,000 $ 77,500 $ 414,173 a2a QAA y 1 V,VV-r $ 40,000 $ 66,680 $ 733,484 $ 521,000 $3,790,163 $ 460,000 $ 969,000 $5, 740,163 $ 596,020 $ 4,840,788 $ 523,504 $ 1,181,336 $ 7,141,648 $7,368,154 $ 0 267 058 W v,cv1 ,v V C:\Documents and Settings \bcassidy \Local Settings \Temporary Internet Files \OLK1066\Memo Re Yorba Contract 060825.doc 1 AIA Document B141' - 1997 Part Standard Form of Agreement Between Owner and with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the day of gip tem er in the year 2006 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) and the Architect: (Name, address and other information) For the following Project: (Include detailed description of Project) The Owner and Architect agree as follows: Architect ADDITIONS' AND DELETIONS 'The author of this document has added information ;needed for its completion. The author may also have revised the text of the original AIA "sandard form. An Additions and Deletions ;Report that'. notes added information'as'':well as revisions to the standard focal- text,...i.s available Srom '.the author and should be This document has important legal consequences.: Consultation, wi:fh an attorney'is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA' Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document B141" - 1997 Part 1. Copyright e 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identifr or describe, if appropriate, proposed use or goals.) § 1.1.2.2 The physical parameters are: (Ident fy or describe, if appropriate, size, location, dimensions, or other pertinent information, sttahnas,geotec i�al ,,.. .oy., Y , reports about the site.) kir e.. § 1.1.2.3 The Owner's Program is: (Identifr documentation or state the manner in which the program will be developed.) P. Reg eti e. id eques' § 1.1.2.4 The legal parameters are: (Identifr pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) § 1.1.2.5 The financial parameters are as follows. Amount of the Owner's overall budget for the Project, including the Architect's compensation, is Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Shown m A c1e 15 1' § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) AIA Document B141° - 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAC Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710 - 2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Kenneth W. Smith, P.E. Project Manager Engineering /Facilities Dept Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6398 Phone: (907) 486-9341 Fax: (907) 486-9394 Email: ksmith(a?kib.co.kodiak.ak.us § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) KI13 Archit aural Review Board KIB Schoo District Alaska ept of Education & Early Development FEMA (verif' ) § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) None § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Toi y Yorba Jensen Yorba Lott, Inc 522 W. 10t Street Juneau, Alask 99801 907 789 4520 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Peratl ovich Nottingham and Drage; Structural Engineering; 3220 Hospital Dreive, Juneau, Alaska, 99801 RSA 1 ic., Mechanical and Electrical Engineering; 2522 Arctic Blvd, Anchorage, Alaska, 99503 HMS, Inc; Cost Estimating; 4103 Minnesota Drive, Anchorage, Alaska 99503 Cars m Dorn Inc; Environmental Engineering; 712 W 12 Street, Juneau, Alaska, 99801 § 1.1.4 Other important initial information is: § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: and as negotiated. ?(attached) AIA Document B141° - 1997 Part 1. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's -. behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisionsin,a" timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional Skill 'and card" and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this crherinle annrnverl by the Chimer chaff not evrent for reacnnahle cance hp PxcePrlerl by the Arnliitect nr owner § 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated "as "confidential by -the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public AIA Document B141"' - 1997 Part 1. Copyright e 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if 'the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the &A I§ management or supervision of construction or installation provided by a separate construction. manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the .Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement,. the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted"by'law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect,: However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall have full use of the Instruments of Service for future additions or alterations to this Project. Any future use of the AIA Document B141°f — 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data including any special limitations or licenses not otherwise provided in this Agreement. Architect shall provide Instruments of Service in electronic format. Notwithstanding such an agreement, drawings shall be provided in [1] Autocad 2004 "dwg" format and shall include all associated page setup and plot style tables, fonts, and referenced drawings as applicable and [2] Drawings, calculations & specifications shall be provided in Adobe Acrobat (PDF 1 or above) format. - -__ K§ 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation/to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations 'which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be: subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the, matter by mediation or by arbitration. § 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be staved pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof ° °U° AIA Document B141's' - 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other - matter in- question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Despite the language of, Section ,.1.3.5.4 either party may include the Contractor in any arbitration arising out of this Agreement to the extent allowed by the Contract for Construction. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising . out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to;. act .shall , deemed_ to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion - or the date of issuanee "of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date ofthis Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. AIA Document 8141" - 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyondthe scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns andlegal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect Shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreeirient to ari institutional lender providing financing for the Project. In such event, the lender shall assume the-Owner's rights and. obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension anti any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the. Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive,days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notie should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. AIA Document B141. - 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include ex enses directly attributable to termination for which the Architect is not otherwise compensate § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, °asidentified in the following Clauses: .8 .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that hormaII carried by the Architect and the Architect's consultants; �. reimbursable expenses as designated in Section 1.5.5; other similar direct Project - related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee . retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List nther dnciimentc finny, part of the Agreement 1 § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: li eisni1+ AIA Document 8141° - 1997 Part 1. Copyright O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000224710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Project fat the phe fo pt are estimate KIB G/L # DEED # KMS Seismic Upgrade 410 523 05022 $ 125,151 $ . 985,441 -. $•-= 1,251,510 KHS Library Wing Seismic Upgrade 410 523 05022 $ 46,450 $ 334,050 $ 464,500, KHS Gym Seismic Upgrade 410 523 05022 $ 41,030 $ 308,50 y pg 308,500 $ 410,300 subtotal seismic upgrades $ 212,631 $ 1,627,991 $ 2,126, 310 KHS Ext Insul and Window Replacement 420 515 05013 DR 04 120 $ 37,000 $ 521,000 $ 596,020 KHS VocEd Renovation & Pool Reclamation 420 500 05015 DR 05 117 $ 269,673 $ 3,790,163 $ 4,840,788 KHS /MS Complex Roof Upgrade 420 515 05014 DR 04 121 $ 30,000 $ 460,000 $ 523,504 KHS Learning Center Renovation 420 515 05017 DR 04 122 $ 77,500 $ 969,000 $ ',1,181,336 subtotal bond projects $ 414,173 $ 5,740,163 $ ,7,141, 648 $ 626,804 $ 7,368,154 • -, -•$ -. '9,267,958.. Reimbursable Expenses $ 40,000 Contingency (10 %) $ 66,680 Total Design Budget $ 733,484 o t suq�i�erit aesxgn . t> ebtjledovaLimeandrixaae ense tiate Total ( § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and ident Principals and classes employees, if required. Identib specific services to which particular methods of compensation apply.) Design Const Budget Budget Total Budget § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of ) times the amounts billed to the Architect for such services. in Section '1.5.5 'as Mimes the expenses § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and an Reimbursable Expenses, the compensation shall be computed as a multi incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this shall be adjusted in accordance with their normal salary review practices. AIA Document B141.. - 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) § 1.5.7 An initial payment of ?� qUttat'' ($ Q ; j) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. OWNER § 1.5.9 Compensation for services covered b months of the date of this contract, )t inflation. § 1.5.8 Payments are due and payable ( .�. r _) days from the date of the Architect's invoice. Amounts unpaid Lind ( r Q v days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) This Agreement entered into as of the day and year first written above. (Printed name and title) this A eement that have not been completed within Iwq,, �t(% 3;, shall be revised to match the national rate of ARCHITECT AIA Document B141s' — 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. User Notes: (3376755867) 11 2 TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS AIA Document B141' - 1997 Part Standard .Form of Architect's Services: Design and Contract Administration ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. 1ADDITIONS AND - DELETIONS: The author of this document has added information needed for its completion. The author may also have revised "the text of the original AA standard form An Additions and Deletions Report that notes added information as as, revisions to the standard form text' is available from the''author and should be reviewed. This document ha important legal consequences. Consultation with an attorney is encouraged with respect ^to its completion' or modification: ELECTRONIC COPYING of any portion of this AIA`' Document to another elertroni.c file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document 2141" - 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation f the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the;Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments: § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost, of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the'Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the .scope ,of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the. Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work., § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this .... _ ....,. Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2,2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours -of the site locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and AIA Document B141" — 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856 - 1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic "modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information which describes the time place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction Specifications and may include bidding requirements and sample forms. AIA Document 8141" - 1997 Part 2. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General - Conditions and— Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders..._... § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide: clarifications'and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall "' ' prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective. contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and =the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contractifor Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the AIA Document B141° — 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of at may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce, and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and make recommendations regarding decide matters concerning performance of the Owner and Contractor under, and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between. the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on mattor3 § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2:8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, with proper documentation, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in- general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of nor be responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over yr AIA Document 81411m — 1997 Part 2. Copyright e 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198656_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to-require-inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of " "'�° Architect's knowledge, information and belief, the quality of the Work is in accordance with.the,.Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications'" expressed by the Architect. § 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to ,. payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to. permit ..adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or "performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences procedures, Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.4.2 The Architect shall maintain a record of submittals and cop ies of submittals sup plied by Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other- submittals- v related to the Work designed or certified by the design professional retained by the Contractor shall bear such AIA Document B141e - 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. A11 rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700589628) professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8 2 § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in -the - ° ~s °° Work, including adjustments to the Contract Sum or Contract Time A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings; or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate thewadditional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. AIA Document B141*' - 1997 Part 2. Copyright Co 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .1 Programming 0/A .2 Land Survey Services 0 .3 Geotechnical Services 0 .4 Space Schematics /Flow Diagrams .5 Existing Facilities Surveys A .6 Economic Feasibility Studies .7 Site Analysis and Selection 0/A .8 Environmental Studies and Reports .9 Owner - Supplied Data Coordination A .10 Schedule Development and Monitoring .11 Civil Design A .12 Landscape Design A .13 Interior Design A .14 Special Bidding or Negotiation .15 Value Analysis .16 Detailed Cost Estimating A .17 On -Site Project Representation .18 Construction Management .19 Start -up Assistance ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to : ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to ag ( ^',) visits to the site by the Architect over the duration of the Project during construction. .3 up to da ( u ',) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. ' inspections for any portion of the Work to determine final coltion m e .4 up to�; (�:.,) P YP l?,,_. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner- provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; . 3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; . 5 evaluation of an extensive number of claims submitted by the Owner's consultants,,, the "Contractor -or- - - - - others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8. AIA Document B141"' - 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .20 Record Drawings .21 Post - Contract Evaluation .22 Tenant - Related Services .23 .24 .25 Description of Services. (Insert descriptions of the services designated.) (Si ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: I By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141 -1997, that was entered into by the parties as of the date SSepttmb ; '.2i 6 OWNER (Printed name and title) (Signature .Tony ot;?r "`crp (Printed name and title);, AIA Document B141'. — 1997 Part 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:50:19 on 12/19/2005 under Order No.1000198856_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700584628) m 0 03 0 0 3 - D CD - FFT POWELL 4 ■ � e c o0 �� R �.�:� � �x. , � 5 �s: pw.sn- { .` * Y � :. `�. �'pn^ `.y` � ,..hi; `: � .� "i� ,�'s �,,uMd'e/°aNw;:kwe� ��.y�, a � � 1 �. £ ' A#�Ila q �� " ' �;T � � i�.�� z_ , , _ . r , . _ < , - , ` �'� �� '. ,� �;. �� ° � � - . �` . -�. �►l��k��t = ��r�i�r� �� •� � �;,,.- �� .r�_ � �- q � .. . . � � . �� `� �. .. . � � � � � .. � - . x .-. . . ''Y .;� � �•'--�. �� g -: `.` . . . �tw�M� �3 � . . . p� ' i ' ::._� �-.'� � ' ` _� : � � � ��. � .. �� .. . . . � . ": .. �. . � � . . � •:,: . . . � - � � . � . . . . ; .. . . . � ;. ' � � .... � " . ` . . . ; ,. �: : .. ,1- ' • 7 � � �:' � "' � � � `�� n f��,�-�� Z ,��' €� _�� Y`"�.- � ' �p i�: � � . �r,��'"� i'�'�-��t�� _. ..�. , � , . , , �',.. � .�� ' .� �p �r �11. #� �I � � -: ,:w � � � ¢` - � , � � � . . k„ ;.,. ._ .. ..-. _ . . , ... ,�-�.: . . . ... � . . . . . . � . .. ,� . , . . . . . _ . - �. . �. . � : �� . . . . . ,;�'. � . � . �_ . . . � �I�b a .�✓;� ��,�;t�_c, �'-.�. _-�i'r�ir;l � i�:�ti�� c�t �rrilcli�?.�, H�.�IrI7,�tri�� -c�rt�f�.1t Por�tir�7? C cr • Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Authorizing the Approval of Lease with the Kodiak Area Special Olympics Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The lease with the Kodiak Area Special Olympics needs to be approved by the Assembly. The rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006. The non - profit groups designates have already signed their lease indicating their agreement of the lease. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2007 -06 Item No. 13.B.1 Resolution No. FY2007 -06 Requested by. Manager Gifford Drafted by Finance Director Introduced: 09/07/2006 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -06 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE WITH THE KODIAK AREA SPECIAL OLYMPICS WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the lease with the Kodiak Area Special Olympics needs to be approved by the Assembly; and WHEREAS, the rate per square feet has been approved in our fee schedule by Resolution No. 2003 -20E on May 18, 2006; and WHEREAS, the non - profit group designate has already signed their lease; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to execute the lease between the Kodiak Island Borough and the Kodiak Area Special Olympics. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -06 Page 1 of 1 THIS LEASE AGREEMENT is made this first day of July, 2006 by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Kodiak Area Special Olympics, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows: Certain office space of approximately one hundred and seventy eight (178) square feet consisting principally of Suite 1 and a proportional share of the designated common space consisting of an additional one hundred and forty six (146) square feet for a total of three hundred and twenty four (324) square feet in the Borough Annex Building located at 610 Egan Way including the parking area associated with the building located on the following described real property: The aforesaid office space, hereinafter referred to as the leased premises, is more specifically depicted or outlined on the floor plan attached hereto as Exhibit A. Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of one year (1) following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on July 1, 2006, and shall expire at 5:00 P.M., Alaska Standard Time on June 30, 2007. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. 3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described the sum of Three hundred and fifty -six dollars and forty cents ($356.40) in advance, on or before the first day each month of the lease term. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. Page 1 of 10 LEASE AGREEMENT Lot Seven B One (7B -1), USS 2538 A, Kodiak Recording District, Third Judicial District, State of Alaska. 4. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liability and liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and the property of the Landlord without obligation to pay therefor, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 5. Use of Premises. The leased premises shall be used for general office space, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and/or occupying the leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such increase. 6. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures in the leased premises, and any license and excise fees and occupation taxes covering business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes on rentals payable hereunder. Page 2 of 10 7. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: a. Electricity for normal lighting and office use. Special or additional electrical requirements shall be paid by Tenant. b. Heat, snow removal for common areas, and sewer and water based on normal office use. Tenant shall provide at his expense all other utilities and services used at the leased premises, including phone and cable. Landlord shall not be liable for any loss or damage caused by or resulting form any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 8. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear and damage by fire or other casualty excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant, his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or Page 3 of 10 sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 9. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with the repair work and the preparations therefore to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Landlord, an in the meantime the monthly rental shall be abated in the same proportion that the untenable portion of the leased premises bears to the whole thereof. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days after the happening of any such damage whether Landlord has elected to continue this lease in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -day period, Landlord shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Landlord of repair work shall be deemed to constitute notice that Landlord has elected to restore or repair the leased premises. For the period from the occurrence of any damage to the leased premises to the date of completion of the repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased premises), the monthly rental shall be abated in the same proportion as the portion of the leased premises bears to the whole thereof. In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no abatement of rental during the period of such delay. If the fire or damage is caused by the carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of this lease, Tenant shall remain liable for the rent, without abatement, during any period of repair or restoration. If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of any fire or other casualty in the building, even though the leased premises may not have been affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the building containing the leased premises, then upon written notice given by Landlord to Tenant, this lease shall terminate on a date specified in such notice, but no sooner than thirty (30) days from the date of such notice, as if that date had been originally fixed as the expiration date of the term herein leased. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; provided, however, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the noise or interference arising therefrom, shall not be Page 4 of 10 deemed an eviction of Tenant, or a breach of this lease, but Tenant, or a breach of this lease but Tenant's obligation to pay rent shall be abated during such period of time as Tenant is unable to conduct business at the leased premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 10. Subletting and Assignment. Tenant shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 11. Indemnification. Tenant agrees to protect, defend, indemnify and save harmless Landlord from and against any and all claims (no matter how meritless) demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant's use and occupation of said premises, or the condition thereof, during the term of this lease. Tenant shall procure and maintain public liability insurance coverage, naming Landlord as an insured, which coverage, pertaining to the leased premises, shall not be less than $250,000 per person for bodily injury or death, $500,000 per occurrence for bodily injury or death, and $100,000 for property damage. Landlord shall be an additional named insured in such policy or policies. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenant to Landlord for approval. Certificates shall state that the policy or policies will not be canceled or altered without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement. 12. Common Areas and Facilities. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for common areas and other facilities and temporarily to close the common areas to effect such changes. All common areas and facilities which Tenant may be permitted to use and occupy are to be used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 13. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said Page 5 of 10 premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 14. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment: or (b) Fail to observe or perform any of Tenant's other covenants, agreements or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or (3) has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for Page 6 of 10 15. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: Page 7 of 10 and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TENANT: Kodiak Area Special Olympics 3200 Mountain View Dr Anchorage, Alaska 99501 Any such notices shall be deemed effective on the date of mailing or delivery. 16. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 17. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 18. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 19. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraph 15 of this lease. 20. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 21. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 22. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenacy commencing on the first day of the holdover period. 23. Signs. Landlord shall provide one sign for the Tenant. Tenant agrees that any other sign or signs installed on the demised premises shall be with the consent of the Landlord. 24. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 25. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. 26. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 27. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. Page 8 of 10 28. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a security deposit by Tenant in the amount of None dollars ($0.00), receipt of which by Landlord is hereby acknowledged. Said deposit for security is for the full and faithful performance by the Tenant of all the covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried out all of its covenants and terms. If Tenant does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant. In the event all or part of the security deposit is so applied, Tenant shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant. The Tenant may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. 29. Condemnation. If the Leased Premises shall be taken or condemned for any public purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 30. Subordination and Nondisturbance. This lease and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant and others stated to be removable under paragraph 4 of this lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ( "encumbrances "). IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of �w/1 , 2006. ATTEST: C22 Page 9 of 10 TENANT: ATTEST: Borough Clerk Page 10 of 10 LANDLORD: THE KODIAK ISLAND BOROUGH Borough Manager kit- Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Item No. 13.B.2 Resolution No. FY2007 -07 Supporting Funding for the Kodiak Branding and Marketing Committee. This resolution would support funding to the Kodiak Branding and Marketing Committee (KBMC.) KBMC is in the process of submitting a funding proposal to the Alaska Fisheries Marketing Board and the criteria, as set out in the request for proposal, requires a one -to- one cash match and KBMC is seeking funding from the Kodiak Island Borough and City of Kodiak to meet their grant match. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2007 -07. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -07 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY SUPPORTING FUNDING FOR THE KODIAK BRANDING AND MARKETING COMMITTEE Introduced by: Mayor Selby Requested by: Mayor Selby Introduced: 09/07/2006 Adopted: WHEREAS, the Kodiak Branding and Marketing Committee (KBMC) is a sub - committee of the Kodiak Chamber of Commerce Comprehensive Economic Development Strategy Committee; and WHEREAS, Debora King did a presentation on July 27, 2006 regarding "Star of Kodiak — Kodiak Branding and Marketing Committee;" and WHEREAS, the Star of Kodiak is a community -based Quality Assurance Program for wild seafood products originating from the Kodiak Region; and WHEREAS, KBMC is in the process of submitting a funding proposal to the Alaska Fisheries Marketing Board; and WHEREAS, the criteria, as set out in the request for proposal, requires a one -to -one cash match and KBMC is seeking funding from the Kodiak Island Borough and City of Kodiak to meet their grant match; NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly hereby supports the funding requested by the "Star of Kodiak - Kodiak Branding and Marketing Committee" in the amount of $25,000 provided that KBMC receives their funding request from the Alaska Fisheries Marketing Board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -07 Pace 1 of 1 8074667605 kodiak charnber ofcom 03:16:07 p.m. 07.20 -2006 111 KODIAK CHAMBER OF COMMERCE July 20, 2006 Dear Rick, 100 L. Marine Way, Suite 300, Kodiak Alaska 99615 • (907) 486 -3557 • FAX (907) -7605 www.kudiakorg • Nast chamber(4kodiak.urg Rick Gifford, Borough Manager Kodak Island Borough 710 Mill Bay Road Kodiak, AK 99615 KODIAK ISLAND BOROUGH CLERK'S OFFICE COPIEp-TO: V' ASSEMBLY `'MAYOR MANAGER OTHER Please consider this letter a request to make a presentation on the "Star of Kodiak — Kodiak Branding and Marketing Committee" (a sub - committee of the Kodiak Chamber of Commerce Comprehensive Economic Development Strategy Committee) to the Kodiak island Borough Assembly work session on July 27, 2006. The Kodiak Branding and Marketing Committee (KBMC) is in the process of submitting a funding proposal to the Alaska Fisheries Marketing Board. The criteria, as set out in their July RFP, requires a one - to-one cash match and the KBMC is seeking funding from the Kodiak island Borough to meet their specifications. If you require any additional information, please do not hesitate to contact me. Thank you, Debora King Dedicated to Kodiak's Economic Future Salmon Allocation Comparison - AFMB Awards Firm Allocation for FY 2004 Allocation for FY 2005 Total to Date 1 0 1 1 ■ Bear & Wolf LLC $471.761.37 $530,344.02 $1 ,002,105.39 Kanaway Seafoods, Inc. dba Ak General Seafoods $496.351.14 $223,202.94 ..74 105.66 $1 23.963.56 5366.103.49 $344.515.90 135.141.89 5103.574.75 $802. $567.718.84 209 247.55 5227.538.31 Kodiak Salmon Packers Inc. Inlet Fish Producers. Inc. $65,834.84 $8I,585.24 $147,420.08 E.C. Phillips & Son, Inc. $63,649.95 $77,559.30 $141.209.25 Leader Creek Fisheries, LLC $54,648.00 $70,693.79 $125,341.79 Great Pacific Seafoods. Inc. $96,043.75 $63,507_00 $I59,550.75 Seafood Producers Coo.erative Copper River Fine Seafoods $48 024.36 $65,692.49 561,514.84 $51,432.09 $109,539.20 $117,124.58 Nautilus Foods $44.628.00 $44,628.00 $70,931.57 $53,344.75 Snug Harbor Seafoods. Inc. $34,245.97 $36,685.60 Icy Strait Seafoods, Inc. $18,674.70 $34.670.05 Baywatch Seafoods. LLC $24,678.48 $28.249.17 $52,927.65 $25,793.66 Coffee Point Seafood's $25,793.66 Pacific Star Seafoods /Fishhawk Fisheries of AK, Inc. $19.686.84 $25,514.75 $23,954.12 $22,448.13 $43,640.96 $47.962.88 Salamatof Seatoods, Inc. Alaska Peninsula Fishermans Coop $13,552.47 $22,142.52 $35.694.99 Island Fish Co, LLC dba Island Seafoods $21,575.87 $21.575.87 $18.179.59 Sea Level Seafoods $18.179.59 R&J Seafood $12,899.00 $13;117.95 $26.0.16.95 Alaska Salmon Purchasers, Inc. $9,773.00 $9.203.75 $18,976.75 $6,390.19 TKO Fisheries Limited dba Signature Seafoods, Inc. $6.390.19 Deep Creek Custom Packing Inc $10,751 .56 $6.352.33 $17,103.89 Kwikpak Fisheries LLC $6,410.00 $5,178.86 $11,588.86 Grand Hale Marine Products Co Ltd.- $4,480.41 $4,017.25 $8,497.66 Boreal Fisheries. Inc. $2,314.96 $2.314.96 Prime Select Seafoods $3,279.10 $2,190.94 $5.470.04 Interior Alaska Fish Processors. Inc. $1,528.00 $1.528.00 Star Shadow Fisheries $1.528.00 $1.528.00 William Crump $980.00 $980.00 Maserculiq Fish Processors, Inc. $891.23 $891.23 Wind and Tide, Inc. $704.00 $704.00 Tim Berg's Alaskan Fishing Advent,ires $635.76 $635.76 Coastal Cold Storage, Inc. $519.00 $519.00 Wild By Nature LLC dba Wild Salmon Maxcy Fishing Company $441.00 $441.00 F/V Ilona -B $381.00 $381.00 Thorne Fisheries $379.00 $379.00 Tonka Seafoods, Inc. $338.00 $338.00 Kodiak Smoking & Processing $275.00 $275.00 F/V Willie Lee II $273.00 $273.00 FA/ Kaleva $254.00 $254.00 FIV Sea Comber $228.00 $228.00 FiV Myriad I Myriad Ent $190.00 $190.00 FIV Triad i Chris Chris Fisheries $181.00 $181.00 Horst's Seafood $170.00 $170.00 Smoky Bay Fisheries $152.00 $152.00 Alaska Flyin Fish Company $149.00 $149.00 Arctic Circle Seafood $76.00 $76.00 Alaska Wild Salmon Co I FA/ Dutch Master $71.00 $71.00 Seadance Seafoods $57.00 $57.00 Great Ruby Fish Company $55.00 $55.00 Pacman Fisheries I Bristol Gold - =- Ternium Sockeye Salmon $55.00 $55.00 Gateway Seafood and Smokehouse $43.00 $43.00 Bell's Seafood $38.00 $38.00 Lofoten Fish Company $36.00 $36.00 Pacific Pleasures $35.00 $35.00 Cross Sound Seafoods $35.00 $35.00 Wayne R. Beeson $18.00 $18.00 A &J Fisheries $11.00 $11.00 Totals $5,658,043.85 $6,482,983.99 $12,141,027.84 Salmon Allocation Comparison - AFMB Awards Adak Fisheries Adak Fisheries Adak Fisheries Adak Fisheries Adak Fisheries Adak Fisheries Adak Fisheries The Entirety of Ben Stevens' Reported Consulting Income From Fishing Interests Ben's Bribes Below At Sea Processors Association 2002/2001 = $16,000 At Sea Processors Association 2003/2002 = $38,000 T = $54,000 2001/2000 = $25,000 2002/2001 = $15,000 2003/2002 = $80,000 2004/2003 = $120,000 2005/2004 = $80,000 2006/2005 = $50,000 2006/2005 = $32,307 T = $402,307 Bering Sea Crab Effort Reduction Fund 2001/2000 = $42,500 T = $42,500 Glacier Fish Company 2003/2002 = $4,200 Glacier Fish Company 2004/2003 = $21,000 Glacier Fish Company 2005/2004 = $21,000 Glacier Fish Company 2006/2005 = $16,800 T = $63,000 Highland Light Fisheries, Inc. 2003/2002 = $4,200 Highland Light Fisheries, Inc. 2004/2003 = $25,200 Highland Light Fisheries, Inc. 2005/2004 = $25,200 T = $54,600 North Pacific Crab Association 2003/2002 = $44,000 North Pacific Crab Association 2004/2003 = $1 North Pacific Crab Association 2005/2004 = $42,000 North Pacific Crab Association 2006/2005 = $24,000 T = $154,000 NorQuest Seafoods, Inc. 2001/2000 = $12,500 NorQuest Seafoods, Inc. 2002/2001 = $25,000 T = $37,500 Yardarm Knot, Inc 2006/2005 = $33,600 T = $33,600 Unreported and thus far concealed from APOC. Payments from Southeast Seiners Association. Paid to Ben between November. 03 and August 05. Estimated T = $100,000 Created 6/20/2006 By Ray Metcalfe RayinAK @aol.com 907 -344 -4514 The Booty Ben Delivered Trident money: Ben's business partner, Trevor McCabe is Executive Director of At Sea Processors. Trident got $1,358,291 of Ben's AFMB handouts. Icicle bought into Adak Fisheries and upped Ben's salary from $15,000 to $80,000 and then to $120,000. Icicle also signed the now infamous "Secret Option agreement." Icicle received $1,678,277 in Ben Bucks from AFMB. The Bering Sea Crab Effort Reduction Fund was the lobbying group formed by persons who received over $9,000,000 Ben Bucks. Glacier Fish Company is a member of At Sea Processors and one of the first beneficiaries of the Pollock allocations that Ben's father pushed through Congress. Highland Light Fisheries is a subsidiary of Yardarm Knot., who received $227,538 in Ben Bucks. North Pacific Crab Association was formed by Trident, Icicle, and other members of the crabbing industry, who were also privileged to receive a share of over $9,000,000 in Ben Bucks from the Alaska Fish Marketing Board. (AFMB) NorOuest Seafoods received $862,454 in Ben Bucks from AFMB. NorQuest is owned by Trident who received $1,358,291. Combined they have received $2,220,745 at Ben's direction. Yardarm Knot received $227,538 Trying to copy Trident and friends by getting a $50,000,000 for themselves, the Southeast Seiners Association (SEAS) paid Ben about $100,000 to try, and promised him another half a million if he does. To avoid detection, all or some of Ben's payments may have been funneled through Ben's Business partner Trevor McCabe and SEAS's sister company "Purse Sane Vessel Owners Association," (PSVOA). See Ray Metcalfe for documentation suggestive of a possible conspiracy to conceal. Ben's Bribes In A Nutshell. Of the $12,141,027 that was as allocated to Ben's friends that fish for Salmon, let me show you where three fourths of it went and what Ben got for it. To see for yourself, go to http: / /www.alaskafisheriesboard.org/, and click on "Allocations." See the names highlighted in.: Ocean Beauty, Icicle, Peter Pan, Trident, NorQuest, North Pacific Processors, Western Alaska, Snopac, and Yardarm Knot. Collectively they received $9,040,000. These companies are also in the crabbing industry. Together, they make up the funding foundation for the 9- member North Pacific Crab Association. While Ben paid them $9,040,000 through the Alaska Fisheries Marketing Board to market Salmon, and they paid Ben $154,000 through the North Pacific Crab Association. The Bering Sea Crab effort reduction fund that paid Ben $42,500, in 2000, (See his APOC report.) is for the most part, the same group now known as the North Pacific Crab Association, highlighted in blue in the left column of the attached Salmon Allocation Comparison chart of the AFMB Awards At Sea Processors is a lobbying organization funded by major factory trawler owner - processors including Trident Seafoods. At Sea paid Ben's Business partner, Trevor McCabe, to be its executive director until he resigned in late -2003. Trevor is also helping dish out the money to Ben's friends as the vice chair of Alaska Fisheries Marketing Board. At Sea has paid Ben Stevens a total of $54,000. We have no knowledge of how much they paid Trevor McCabe as a manager. Glacier Fish Company, a member of At Sea also paid Ben Stevens an additional $63,000. Through AFMB, Ben also awarded the "Genuine Alaska Pollock Producers" another $3,000,000, through the "AFMB Grants Program" (Go to we/mite and click on "allocations" then "appropriations") The "Genuine Alaska Pollock Producers" another group formed and dominated by the same above named companies. When added to the $9,040,000 for "salmon allocations" to friends of AFMB Chairman Ben Stevens and Vice Chair Trevor McCabe, the additional $3,000,000 brings the total to $12,040,000 we can count. Who knows what else we would find if the Attorney General and the Alaska Public Offices weren't sandbagging this investigation. In addition, it was Icicle Seafoods who in December of 2001, bought 50% of Adak Fisheries LLC and provided the necessary injection of capital Adak Fisheries LLC required to bring its overdue lease payments to the Aleut Enterprise Corp current. Six months later, it was Icicle Seafoods who also signed the now infamous "secret contract" granting Ben Stevens his second "secret option" to purchase a 25% interest in Adak Fisheries LLC, for a nominal Fee. (See Exhibit G & H) Note that his first secret option agreement was granted in 2000. (See Exhibit I). Icicle Seafoods simultaneously provided the capital that enabled Adak Fisheries to increase Ben Stevens' "consulting fees" from $15,000 per year to $80,000 the next year. $120,000 the year after that, and $80,000 the following year. (See Exhibit G, H, and Ben Stevens Disclosure). Effectively, at the same time that Icicle Seafoods was shoving $280,000 into Ben Stevens pocket through Adak Fisheries consulting income, Ben was shoving $1,678,000 into Icicle Seafoods other pocket, through the Alaska Fisheries Marketing Board salmon marketing grants program. There are terms for such acts: Money laundering, and bribery. Both are felonies — under state and federal law. In addition to the above, NorQuest, (owned by Trident since April 2004), paid Ben $37,500. (See Ben's 2001 & 2002 Disclosure.) Ben rewarded NorQuest handily (or maybe Trident,) with $862,454 from the Alaska Fisheries Marketing Board. (See the $862,454 highlighted in yellow) Ben began paying Alaska Fisheries Marketing Board money to Yardarm Knot in 2004 and Yardarm Knot (and related company Highland Light) began handing Ben consulting fees for the first time in 2005. Ben paid Yardarm $227,538 in AFMB funds and Yardarm has paid Ben $33,600. An additional $54,000 was paid to Ben through Highland Light Fisheries, which is a subsidiary of Yardarm Knot Inc. (See Yardarm Knot's $227,538 grant highlighted in yellow) Ben's unreported income from the Southeast Seiners Association (SEAS): The Southeast Seiners are fast learners. When they saw how things were shaping up for the founders of the Bering Sea Crab Effort Reduction Fund followed by the North Pacific Crab Association, the Southeast Seiners agreed to begin paying pay Ben $5,000 per month and promised him a 1% commission on what he could get. (Paying on commission is a violation of federal lobbying law.) Southeast Seiners payments to Ben began in 2003, and continued through most of 2005. We can only guess the amount because Ben has never reported this income to The Alaska Public Office Commission, (APOC), and we do not know the exact number of months that Ben was paid. We estimate payments to Ben to be in excess of $100,000. When $50,000,000 appeared in a draft of the federal budget that had been passed out of the US Senate's Appropriations Committee, the Southeast Seiners met to discuss how they were going to pay Ben the $500,000 commission they expected to owe him for this vessel buyback guarantee fund (a federal Fleet Capacity Reduction Program). Southeast Seiners' management obviously had some concerns about the appearance, ethics, and legality of what they were doing at there November 13, 2004 meeting; they were openly discussing how to keep their payments to Ben "Off the Books." Their concerns are obviously shared by Ben Stevens as to this day, has concealed these reportable payments from the Seiners' association from the eyes of the Alaska Political Office Commission. Three corroborating Southeast Seiner member affidavits, attesting to Bens payments, are available on request. Call Ray Metcalfe 907 344 -3414. Who are they? 1. Alyeska Seafoods Inc., Seattle [Wards Cove/Marubeni /Maruha] 2. Icicle Seafoods Inc., Seattle [owned by SE AK investors] 3. NorQuest Seafoods, Seattle [Trident owned as of 2005] 4. Peter Pan Seafoods Inc., Seattle [Nichiro of Japan 100 %] 5. Royal Aleutian Seafoods Inc., Seattle [recently bought by UniSea, owned by NISSUI] 6. Snopac Products Inc., Seattle [Korean investment] 7. Trident Seafoods Corp., Seattle [owned by US partners, Chuck Bundrant, Kaare Ness, etc.] 8. UniSea Inc., Redmond [owned by NISSUI - Nippon Suisan of Japan 100 %] 9. Westward Seafoods Inc., Seattle [owned by Maruha 100 %, formerly known as Taiyo 10. Yardarm Knot Fisheries LLC, Seattle. An Alan Chaffee company, also owners of Highland Light trawler. FIRM Ocean Beauty Seafoods Icicle Seafoods Peter Pan Seafoods Trident Seafoods Corporation NorQuest Seafoods, Inc. North Pacific Processors, Inc. Snopac Products, Inc. Yardarm Knot Fisheries, LLC Western Alaska Fisheries, Inc. TOTALS: FY 2004 $1,048,908.46 $774.260.76 $737,284.09 $577,210.61 $496,351.14 $346.228.51 $102,682.58 $123,963.56 548,889.51 $4,255,779.22 FY 2005 $1,259,625.59 $904,016.58 $829,217.50 $781,080.43 $366,103.49 $359,040.74 $122,228.77 $1 03,574.75 $59,337.1 1 $4,784,224.96 TOTAL: $2,308,534.05 $1,678,277.34 $1566,501.59 $1,358,291.04 $705,269.25 $224,911.35 $108,226.62 $9,040,004.18 Most of the above named crab processors headquartered in Washington State or Japan: Genuine Alaska Pollock Producers (GAPP), which shows up in a different category of Fish Marketing Board handouts, also got $1,000,000 for FY 2003, $1,000,000 for FY 2004 and $1,000,000 for FY 2005, for a total of $3,000,000. It was given to them from that portion of the $29 Million the Alaska Fish Marketing Board (AFMB) sat aside specifically for "Grants." GAPP includes all the above companies except Snopac; and also includes Alaska Ocean, Alyeska Seafoods, American Seafoods, Starbound, and Highland Light (an entity owned by Yardarm Knot). In total, Ben gave $12,040,004 to the people who paid him $923.507. This does not account for the over $700,000 he raked off the top of the funds he raised for the Special Olympics, which, to the best of our knowledge, came mostly from the above named recipients of his gifts. However, unfortunately, we do not know because we do not have the power of subpoena and the Attorney General refuses to investigate. The Attorney General has told us "all you have is hearsay" and has refused to return calls to witnesses we have provided and witnesses who have called him, who claim to have knowledge of money laundering, kickbacks and Bribery. Copies of three affidavits, affirming that Ben continues to conceal income from APOC, income that he received from Southeast Seiners Association between November 03, and August 05, are either attached, or available on request. Salmon Allocation Comparison - AFMB Awards Firm Allocation for FY 2004 Allocation for FY 2005 Total to Date I II 1 1 ■ Bear & Wolf LLC $471.761.37 $530,344.02 $1 ,002,105.39 _ Kanaway Seafoods, Inc. dba Ak General Seafoods X496.351.14 $223,202.94 5366.103.49 $344.515.90 S80 $567.718.84 Kodiak Salmon Packers Inc. .74 105.66 .135.141.89 $103.574.75 209 247.55 5227.538.31 $123.963.56 Inlet Fish Producers. Inc. $65,834.84 $8I,585.24 $147,420.08 E.C. Phillips & Son, Inc. $63,649.95 $77,559.30 $141.209.25 Leader Creek Fisheries, LLC $54,648.00 $70,693.79 $125,341.79 Great Pacific Seafoods. Inc. $96,043.75 $63,507_00 $I59,550.75 Seafood Producers Coo.erative Copper River Fine Seafoods $48 024.36 $65,692.49 561,514.84 $51,432.09 $109,539.20 $117,124.58 Nautilus Foods $44.628.00 $44,628.00 $70,931.57 $53,344.75 Snug Harbor Seafoods. Inc. $34,245.97 $36,685.60 Icy Strait Seafoods, Inc. $18,674.70 $34.670.05 Baywatch Seafoods. LLC $24,678.48 $28.249.17 $52,927.65 Coffee Point Seafood's $25,793.66 $25,793.66 Pacific Star Seafoods /Fishhawk Fisheries of AK, Inc. $19.686.84 $25,514.75 $23,954.12 $22,448.13 $43,640.96 $47.962.88 Salamatof Seatoods, Inc. Alaska Peninsula Fishermans Coop $13,552.47 $22,142.52 $35.694.99 Island Fish Co, LLC dba Island Seafoods $21,575.87 $21.575.87 $18.179.59 Sea Level Seafoods $18.179.59 R&) Seafood $12,899.00 $13;117.95 $26.0.16.95 Alaska Salmon Purchasers, Inc. $9,773.00 $9.203.75 $18,976.75 $6,390.19 TKO Fisheries Limited dba Signature Seafoods, Inc. $6.390.19 Deep Creek Custom Packing Inc $10,751.56 $6.352.33 $17,103.89 Kwikpak Fisheries LLC $6,410.00 $5,178.86 $11,588.86 Grand Hale Marine Products Co Ltd.- $4,480.41 $4,017.25 $8,497.66 Boreal Fisheries. Inc. $2,314.96 $2,190.94 $2.314.96 $5.470.04 Prime Select Seafoods $3,279.10 Interior Alaska Fish Processors. Inc. $1,528.00 $1.528.00 Star Shadow Fisheries $1.528.00 $1.528.00 William Crump $980.00 $980.00 Maserculiq Fish Processors, Inc. $891.23 $891.23 Wind and Tide, Inc. $704.00 $704.00 Tim Berg's Alaskan Fishing Advent,ires $635.76 $635.76 Coastal Cold Storage, Inc. $519.00 $519.00 Wild By Nature LLC dba Wild Salmon Maxcy Fishing Company $441.00 $441.00 F/V Ilona -B $381.00 $381,00 Thorne Fisheries $379.00 $379.00 Tonka Seafoods, Inc. $338.00 $338.00 Kodiak Smoking & Processing $275.00 $275.00 F/V Willie Lee II $273.00 $273.00 FA/ Kaleva $254.00 $254.00 FIV Sea Comber $228.00 $228.00 FiV Myriad I Myriad Ent $190.00 $190.00 FIV Triad i Chris Chris Fisheries $181.00 $181.00 Horst's Seafood $170.00 $170.00 Smoky Bay Fisheries $152.00 $152.00 Alaska Flyin Fish Company $149.00 $149.00 Arctic Circle Seafood $76.00 $76.00 Alaska Wild Salmon Co I FA/ Dutch Master $71.00 $71.00 Seadance Seafoods $57.00 $57.00 Great Ruby Fish Company $55.00 $$$ .nn Pacman Fisheries I Bristol Gold - =- Ternium Sockeye Salmon $55.00 $55.00 Gateway Seafood and Smokehouse $43.00 $43.00 Bell's Seafood $38.00 $38.00 Lofoten Fish Company $36.00 $36.00 Pacific Pleasures $35.00 $35.00 Cross Sound Seafoods $35.00 $35.00 Wayne R. Beeson $18.00 $18.00 A&) Fisheries $11.00 $11.00 Totals $5,658,043.85 $6,482,983.99 $12,141,027.84 Salmon Allocation Comparison - AFMB Awards The Entirety of Ben Stevens' Reported Consulting Income From Fishing Interests Ben's Bribes Below At Sea Processors Association 2002/2001 = $16,000 At Sea Processors Association 2003/2002 = $38,000 T = $54,000 Adak Fisheries 2001/2000 = $25,000 Adak Fisheries 2002/2001 = $15,000 Adak Fisheries 2003/2002 = $80,000 Adak Fisheries 2004/2003 = $120,000 Adak Fisheries 2005/2004 = $80,000 Adak Fisheries 2006/2005 = $50,000 Adak Fisheries 2006/2005 = $32,307 T = $402,307 Bering Sea Crab Effort Reduction Fund 2001/2000 = $42,500 T = $42,500 Glacier Fish Company 2003/2002 = $4,200 Glacier Fish Company 2004/2003 = $21,000 Glacier Fish Company 2005/2004 = $21,000 Glacier Fish Company 2006/2005 = $16,800 T = $63,000 Highland Light Fisheries, Inc. 2003/2002 = $4,200 Highland Light Fisheries, Inc. 2004/2003 = $25,200 Highland Light Fisheries, Inc. 2005/2004 = $25,200 T = $54,600 North Pacific Crab Association 2003/2002 = $44,000 North Pacific Crab Association 2004/2003 = $44,000 North Pacific Crab Association 2005/2004 = $42,000 North Pacific Crab Association 2006/2005 = $24,000 T = $154,000 NorQuest Seafoods, Inc. 2001/2000 = $12,500 NorQuest Seafoods, Inc. 2002/2001 = $25,000 T = $37,500 Yardarm Knot, Inc 2006/2005 = $33,600 T = $33,600 Unreported and thus far concealed from APOC. Payments from Southeast Seiners Association. Paid to Ben between November. 03 and August 05. Estimated T = $100,000 Created 6/20/2006 By Ray Metcalfe RayinAK @aol.com 907 - 344 - 4514 The Booty Ben Delivered Trident money: Ben's business partner, Trevor McCabe is Executive Director of At Sea Processors. Trident got $1,358,291 of Ben's AFMB handouts. Icicle bought into Adak Fisheries and upped Ben's salary from $15,000 to $80,000 and then to $120,000. Icicle also signed the now infamous "Secret Option agreement." Icicle received $1,678,277 in Ben Bucks from AFMB. The Bering Sea Crab Effort Reduction Fund was the lobbying group formed by persons who received over $9,000,000 Ben Bucks. Glacier Fish Company is a member of At Sea Processors and one of the first beneficiaries of the Pollock allocations that Ben's father pushed through Congress. Highland Light Fisheries is a subsidiary of Yardarm Knot., who received $227,538 in Ben Bucks. North Pacific Crab Association was formed by Trident, Icicle, and other members of the crabbing industry, who were also privileged to receive a share of over $9,000,000 in Ben Bucks from the Alaska Fish Marketing Board. (AFMB) NorOuest Seafoods received $862,454 in Ben Bucks from AFMB. NorQuest is owned by Trident who received $1,358,291. Combined they have received $2,220,745 at Ben's direction. Yardarm Knot received $227,538 Trying to copy Trident and friends by getting a $50,000,000 for themselves, the Southeast Seiners Association (SEAS) paid Ben about $100,000 to try, and promised him another half a million if he does. To avoid detection, all or some of Ben's payments may have been funneled through Ben's Business partner Trevor McCabe and SEAS's sister company "Purse Sane Vessel Owners Association," (PSVOA). See Ray Metcalfe for documentation suggestive of a possible conspiracy to conceal. Ben's Bribes In A Nutshell. Of the $12,141,027 that was as allocated to Ben's friends that fish for Salmon, let me show you where three fourths of it went and what Ben got for it. To see for yourself, go to http : / /www.alaskafisheriesboard.org/, and click on "Allocations." See the names highlighted in.!: Ocean Beauty, Icicle, Peter Pan, Trident, NorQuest, North Pacific Processors, Western Alaska, Snopac, and Yardarm Knot. Collectively they received $9,040,000. These companies are also in the crabbing industry. Together, they make up the funding foundation for the 9- member North Pacific Crab Association. While Ben paid them $9,040,000 through the Alaska Fisheries Marketing Board to market Salmon, and they paid Ben $154,000 through the North Pacific Crab Association. The Bering Sea Crab effort reduction fund that paid Ben $42,500, in 2000, (See his APOC report.) is for the most part, the same group now known as the North Pacific Crab Association, highlighted in blue in the left column of the attached Salmon Allocation Comparison chart of the AFMB Awards At Sea Processors is a lobbying organization funded by major factory trawler owner - processors including Trident Seafoods. At Sea paid Ben's Business partner, Trevor McCabe, to be its executive director until he resigned in late -2003. Trevor is also helping dish out the money to Ben's friends as the vice chair of Alaska Fisheries Marketing Board. At Sea has paid Ben Stevens a total of $54,000. We have no knowledge of how much they paid Trevor McCabe as a manager. Glacier Fish Company, a member of At Sea also paid Ben Stevens an additional $63,000. Through AFMB, Ben also awarded the "Genuine Alaska Pollock Producers" another $3,000,000, through the "AFMB Grants Program" (Go to website and click on "allocations" then "appropriations ") The "Genuine Alaska Pollock Producers" another group formed and dominated by the same above named companies. When added to the $9,040,000 for "salmon allocations" to friends of AFMB Chairman Ben Stevens and Vice Chair Trevor McCabe, the additional $3,000,000 brings the total to $12,040,000 we can count. Who knows what else we would find if the Attorney General and the Alaska Public Offices weren't sandbagging this investigation. In addition, it was Icicle Seafoods who in December of 2001, bought 50% of Adak Fisheries LLC and provided the necessary injection of capital Adak Fisheries LLC required to bring its overdue lease payments to the Aleut Enterprise Corp current. Six months later, it was Icicle Seafoods who also signed the now infamous "secret contract" granting Ben Stevens his second "secret option" to purchase a 25% interest in Adak Fisheries LLC, for a nominal Fee. (See Exhibit G & H) Note that his first secret option agreement was granted in 2000. (See Exhibit I). Icicle Seafoods simultaneously provided the capital that enabled Adak Fisheries to increase Ben Stevens' "consulting fees" from $15,000 per year to $80,000 the next year, $120,000 the year after that, and $80,000 the following year. (See Exhibit G, H, and Ben Stevens Disclosure). Effectively, at the same time that Icicle Seafoods was shoving $280,000 into Ben Stevens pocket through Adak Fisheries consulting income, Ben was shoving $1,678,000 into Icicle Seafoods other pocket, through the Alaska Fisheries Marketing Board salmon marketing grants program. There are terms for such acts: Money laundering, and bribery. Both are felonies — under state and federal law. In addition to the above, NorQuest, (owned by Trident since April 2004), paid Ben $37,500. (See Ben's 2001 & 2002 Disclosure.) Ben rewarded NorQuest handily (or maybe Trident,) with $862,454 from the Alaska Fisheries Marketing Board. (See the $862,454 highlighted in yellow) Ben began paying Alaska Fisheries Marketing Board money to Yardarm Knot in 2004 and Yardarm Knot (and related company Highland Light) began handing Ben consulting fees for the first time in 2005. Ben paid Yardarm $227,538 in AFMB funds and Yardarm has paid Ben $33,600. An additional $54,000 was paid to Ben through Highland Light Fisheries, which is a subsidiary of Yardarm Knot Inc. (See Yardarm Knot's $227,538 grant highlighted in yellow) Ben's unreported income from the Southeast Seiners Association (SEAS): The Southeast Seiners are fast learners. When they saw how things were shaping up for the founders of the Bering Sea Crab Effort Reduction Fund followed by the North Pacific Crab Association, the Southeast Seiners agreed to begin paying pay Ben $5,000 per month and promised him a 1% commission on what he could get. (Paying on commission is a violation of federal lobbying law.) Southeast Seiners payments to Ben begun in 2003, and continued through most of 2005. We can only guess the amount because Ben has never reported this income to The Alaska Public Office Commission, (APOC), and we do not know the exact number of months that Ben was paid. We estimate payments to Ben to be in excess of $100,000. When $50,000,000 appeared m a draft of the federal budget that had been passed out of the US Senate's Appropriations Committee, the Southeast Seiners met to discuss how they were going to pay Ben the $500,000 commission they expected to owe him for this vessel buyback guarantee fund (a federal Fleet Capacity Reduction Program). Southeast Seiners' management obviously had some concerns about the appearance, ethics, and legality of what they were doing at there November 13, 2004 meeting; they were openly discussing how to keep their payments to Ben "Off the Books." Their concerns are obviously shared by Ben Stevens as to this day, has concealed these reportable payments from the Seiners' association from the eyes of the Alaska Political Office Commission. Three corroborating Southeast Seiner member affidavits, attesting to Bens payments, are available on request. Call Ray Metcalfe 907 344 -3414. Who are they? 1. Alyeska Seafoods Inc., Seattle [Wards Cove/Marubeni / Maruha] 2. Icicle Seafoods Inc., Seattle [owned by SE AK investors] 3. NorQuest Seafoods, Seattle [Trident owned as of 2005] 4. Peter Pan Seafoods Inc., Seattle [Nichiro of Japan 100 %] 5. Royal Aleutian Seafoods Inc., Seattle [recently bought by UniSea, owned by NISSUI] 6. Snopac Products Inc., Seattle [Korean investment] 7. Trident Seafoods Corp., Seattle [owned by US partners, Chuck Bundrant, Kaare Ness, etc.] 8. UniSea Inc., Redmond [owned by NISSUI - Nippon Suisan of Japan 100 %] 9. Westward Seafoods Inc., Seattle [owned by Maruha 100 %, formerly known as Taiyo 10. Yardarm Knot Fisheries LLC, Seattle. An Alan Chaffee company, also owners of Highland Light trawler. FIRM Ocean Beauty Seafoods Icicle Seafoods Peter Pan Seafoods Trident Seafoods Corporation NorQuest Seafoods, Inc. North Pacific Processors, Inc. Snopac Products, Inc. Yardarm Knot Fisheries, LLC Western Alaska Fisheries, Inc. TOTALS: FY 2004 $1,048,908.46 $774,260.76 5737,284.09 $577,210.61 $496,351.14 5346,228.51 $102,682.58 $123,963.56 $48,889.51 $4,255,779.22 FY 2005 $1,259,625.59 $904.016.58 $829,217.50 $781,080.43 $366,103.49 $359,040.74 $122,228.77 $103,574.75 $59,337.1 1 $4,784,224.96 TOTAL: $2,308,534.05 $1,678,277.34 $1,566,501.59 $1,358,291.04 $705,269.25 $224.911.35 $108,226.62 $9,040,004.18 Most of the above named crab processors headquartered in Washington State or Japan: Genuine Alaska Pollock Producers (GAPP), which shows up in a different category of Fish Marketing Board handouts, also got $1,000,000 for FY 2003, $1,000,000 for FY 2004 and $1,000,000 for FY 2005, for a total of $3,000,000. It was given to them from that portion of the $29 Million the Alaska Fish Marketing Board (AFMB) sat aside specifically for "Grants." GAPP includes all the above companies except Snopac; and also includes Alaska Ocean, Alyeska Seafoods, American Seafoods, Starbound, and Highland Light (an entity owned by Yardarm Knot). In total, Ben gave $12,040,004 to the people who paid him $923.507. This does not account for the over $700,000 he raked off the top of the funds he raised for the Special Olympics, which, to the best of our knowledge, came mostly from the above named recipients of his gifts. However, unfortunately, we do not know because we do not have the power of subpoena and the Attorney General refuses to investigate. The Attorney General has told us "all you have is hearsay" and has refused to return calls to witnesses we have provided and witnesses who have called him, who claim to have knowledge of money laundering, kickbacks and Bribery. Copies of three affidavits, affirming that Ben continues to conceal income from APOC, income that he received from Southeast Seiners Association between November 03, and August 05, are either attached, or available on request. Background What is the Star of Kodiak? ECEIIVIE JUL 2 4 2006 BOROUGH CLERK'S OFFICE The Star of Kodiak is a community -based Quality Assurance Program for wild seafood products originating from the Kodiak Region. Currently, the Kodiak Branding and Marketing Committee (KBMC) is concentrating on marketing and promoting independent producers of value -added salmon products. The Kodiak Branding and Marketing Committee is a sub - committee of the Kodiak Chamber of Commerce Comprehensive Economic Development Strategy Committee. It was formed in 2002 in response to plummeting salmon prices and the accompanying slump in the local economy. Modeled after the Copper River salmon success, the program seeks to improve quality through a certification program that is tied to the region, i.e. a piece of fish bearing the "Star of Kodiak" sticker means that it is top quality AND that it is authentic Kodiak seafood. Current Activities Last year a quality assurance program was developed and introduced with limited success to potential members. This year we are working with Chris Sannito, Wild Source, Inc. and Chuck Crappo from FITC to revamp the program to make it more "user- friendly" without sacrificing quality standards. Many opportunities to promote the Star of Kodiak were utilized last year. Dave Kaplan, through his film production company incorporated the Star of Kodiak into a number of film festival venues in Sweden, Florida and Minnesota. We recently participated in the ASMI sponsored cook -off in Anchorage as well as the local Taste of k -off held in early Jul . The First Salmon of the Season Celebration held at the Comfort Inn was co- sponsored y e Star of The KBMC is working on updating our website to make it more user - friendly, and informative. Plans are underway to develop promotional and training materials for use by local vendors and restaurants. Future Activities Plans to further enhance the Star of Kodiak program include: • entering into agreements with local processor(s) to produce and inventory high quality selected salmon products • developing proactive marketing strategies and promotional packages to support sales • developing additional marketing materials for local, regional, and national promotional events • Promotion through Alaska Travel Industry — Taste of Alaska media events, food shows, film festivals • Underwriting of Alaska Fisheries Report broadcast on state -wide public radio • Educational outreach — presentations to culinary institutions, high -end restaurants on the differences in salmon species and the difference between wild and farmed salmon Proposed Budget Item Description Budget 1. Production • Samples — high end finished product • Cold Storage /shipping Request for Funding: Kodiak Island Borough Alaska Fisheries Marketing Board $5,000 $2,000 2. Market Development • Restaurateur Workshops $1,500 • Marketing Materials incl. Design/printing $10,000 3. Promotion • Alaska Travel Industry — Taste of Alaska $4,000 • Alaska Fisheries Report — underwriting $5,000 • Promotional Events — 5 trips $20,000 • Educational Outreach $6,000 4. Project Management/Communications $36,500 5. Project Administration- Kodiak Chamber of Commerce $10,000 $100,000 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Recommended motion: Move to adopt Resolution No. 1995-01G, Item No.13.B.3 Resolution No. 1995-01G Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendment to Series BC -05 in the Clerk's Office Kodiak Island Borough Code of Ordinances Section 2.16.200 provides for a Records Retention program. Series BC -05 in the Clerk's Office needs to be updated to enable permanent access to records that are routinely used for reference. KODIAK ISLAND BOROUGH RESOLUTION NO. 1995-01G Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Records Manager Introduced: 09/07/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. 1995 -01 ADOPTING A RECORDS RETENTION SCHEDULE AND CENTRAL FILING SYSTEM TO REFLECT AMENDMENT TO SERIES BC -05 IN THE CLERK'S OFFICE WHEREAS, Kodiak Island Borough Code of Ordinances Section 2.16.200 provides for a Records Retention Program; and WHEREAS, series BC -05 in the Clerk's Office needs to be updated to enable permanent access to records that are routinely used for reference, and WHEREAS, Borough attorney reviewed proposed resolution and appears to be in order; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This resolution amends Resolution No. 1995 -01 F. The attached Records Retention Schedule and Central Filing System (RRS /CFS) amendment shall become effective upon adoption of this resolution. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No.1995 -01G Page 1 of 1 SERIES NO. REFERENCES RECORD SERIES /CONTENT SUMMARY /COMMENTS RETENTION BC -05 XREF: KIBC 2.17.060 SR CG -1 ASSEMBLY AGENDA PACKETS Agendas, regular meeting packets, special meeting packets, and work ONSITE — 2 5YRS CENTER — 3 P TOTAL —4 P session packets containing backup correspondence and reports distributed to assembly members for discussion at assembly meetings and monthly calendars. Agendas, roll call sheets, guidelines, etc. are also included. Minutes are permanent (BC -04). August 9, 2006 Alan Schmitt, Borough Attorney Jamin Schmitt St. John 323 Carolyn Street Kodiak, AK 99615 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Re: Kodiak Island Borough — Records Retention Schedule & Central Filing System Dear Alan: In September 2005, the Assembly passed Resolution No. FY1995 -01 F amending the Records Retention Schedule for BC -05, specifically Assembly Agenda Packets to a total retention period of five years. In the last year, archived assembly meeting packets and correspondence have been accessed and used as resources for the bonds and projects the borough is and has been involved with. For this reason, the Clerk's Office suggests that the BC -05, Assembly Agenda Packets KIBC.17.060 have a retention schedule of "permanent" rather than the present schedule of five years, two years on -site and three years in center. It is that time of the year that scheduled files are destroyed. Before this happens, we would like to see a Resolution drafted reflecting this retention schedule change. Please let us know your thoughts on the above matter and if you need additional information, please feel free to contact this office. ncerely, Nova M. Javie Borough Clerk, CMC MIm /nj Enc. — Proposed Change Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Recommended motion: Move to approve Resolution No. FY2007 -08. Item No. 13.B.4 Resolution No. FY2007 -08 Urging the Federal Subsistence Board to Designate Kodiak Rural. The Alaska National Interest Lands Conservation Act requires that rural Alaskans be given priority for subsistence uses of fish and wildlife on Federal public lands. Only residents of rural communities and areas are eligible for this subsistence priority. The Board initially determined which Alaska communities were rural when the Federal Subsistence Management Program began in 1990. Federal subsistence regulations require that rural /non -rural status be reviewed every 10 years, beginning with the availability of the 2000 census data. An initial review, completed in July 2005, recommended that the rural /non -rural status of most Alaska communities should remain unchanged for the proposed rule. However, further study and comments are being sought for the following proposed changes for the Kodiak area: The Kodiak area, including the City of Kodiak, the Mill Bay area, the Coast Guard Station, Women's Bay and Bells Flats, would be grouped and would change from rural to non - rural. The population of this area is approximately 12,000, well above the population threshold in Federal subsistence regulations of 7,000 at which a community or area is presumed to be non - rural. (Places excluded from this non -rural grouping are Chiniak, Pasagsak, Anton Larsen, Kalsin Bay and Middle Bay, as well as villages and communities on the Kodiak Archipelago not connected by the road to the Kodiak area. These places remain rural.) The proposed resolution presents arguments that the Kodiak area should remain rural. Attached is a previous resolution approved by the Assembly and the most recent resolution passed by the City of Kodiak. APPROVAL FOR AGENDA: 01 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -08 Introduced by: Assembly Requested by: Assembly Introduced: 09/07/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING THE FEDERAL SUBSISTENCE BOARD TO DESIGNATE KODIAK RURAL WHEREAS, the United States Congress passed into Law, in 1980, Title Eight of the Alaska National Interest Lands Conservation Act (ANILCA) in order to protect the subsistence rights of rural Alaskans, by making subsistence a priority use of federal lands and waters for rural Alaskans; and WHEREAS, Congress indicated in Title Eight that protecting subsistence was essential to Alaska native culture and a rural lifestyle, and that Congress was applying its trust responsibility to Alaska natives in requiring a subsistence priority; and WHEREAS, the federal government assumed authority over subsistence management on public lands in Alaska because they determined that the State of Alaska was not in compliance with Title Eight of ANILCA; therefore the federal government through the Federal Subsistence Management Board is responsible for protecting subsistence and implementing the congressional intent of Title Eight; and WHEREAS, Congress recognized that an Alaskan community with a population of more than 7,000 can be rural if it possesses significant characteristics of a rural nature, and this recognition is documented in federal regulations; and WHEREAS, both the Federal Subsistence Board and the State of Alaska determined that the City of Kodiak and the adjacent road system had significant rural characteristics and therefore was designated rural for State and Federal purposes in the early 1990s; and WHEREAS, the Federal Subsistence Board is required to review rural determinations every ten years to evaluate changes within a community that justify changing its rural status; and WHEREAS, the Federal Subsistence Board has recently recommended that Kodiak be changed from rural to non -rural status, thereby eliminating Kodiak's qualification for the rural subsistence priority; and WHEREAS, the Federal Subsistence Board appears to be basing its recommendation for changing the status of Kodiak primarily on the basis of an aggregate road system population exceeding 7,000, which was true when Kodiak was first designated rural; and WHEREAS, the basic nature of Kodiak Island as an isolated island in the North Pacific that sometimes has no transportation on or off the island for several days due to weather makes it a very rural community; and Kodiak Island Borough, Alaska Resolution No. FY2007 -08 Page 1 of 3 WHEREAS, there has been an approximately 10 percent decline in the City of Kodiak's population between 1990 and 2005 (from 6,787 to 6,088) moving the City of Kodiak further away form the benchmark population of 7,000 people and no other community has more than 400 people, and the other communities on Kodiak Island have all lost population since 1990 contributing to the Kodiak Island Borough population decline since 1990; and WHEREAS, the City of Kodiak and the Kodiak road system continues to possess significant characteristics of a rural nature, including a remote location, cultural and geographical isolation, a high cost of living, and limited access to goods and services; and WHERAS, the entire population on Kodiak Island has both a historic and current dependence on fish and wildlife for family food sources and this use has increased since 1990 due to the economic down turn of the Salmon fishing industry, two of the four largest stores went out of business and the cos •f food continues to increase; and WHEREAS, of Kodiak, sin boundaries of the City and States Coast Guard Base does not eliminate or reduce the rural nature ase functions as an independent community, located well outside the of Kodiak with its administrative authority based in Alameda, California; WHEREAS, the City of Kodiak, along with each of the individual road system neighborhoods have individual and unique characteristics that define them, including separate service area boards, and they should not be "lumped" together for rural designation purposes, in an effort to establish a "community" population greater than 7,000 people; and WHEREAS, the Kodiak Island economy has seen significant decline in the villages which impacts the entire Island economy which has demonstrated no overall growth and there has been no infrastructure expansion of new roads, water, or sewer projects in the last ten years; and one of the significant carriers of goods, the Western Pioneer, discontinued service to Kodiak with no replacement carrier; and WHEREAS, the Halibut/Black Cod IFQ program significantly reduche number of halibut fishermen and now the Gulf rationalization program could ii� icantly, r *duce the number of fishermen again; and R 51(Yr since 1990; and WHE - EAS, the City of Kodiak serves as a hub for outlying villages, whose elders often spend their winters and latter years living in town, returning to the village during the summer; and WHEREAS, many hundreds of Alaska natives reside in Kodiak and are strongly dependent on subsistence for their cultural and nutritional survival, as are many more residents of the community, due to their economic status or lifestyle choices; and WHEREAS, the subsistence characteristics of Kodiak have not significantly changed, since Kodiak was originally designated rural, to the point where Kodiak residents should be denied their cultural heritage and access to subsistence resources; and _ cha it + award increased rdependenc.A on subsistence WHEREAS, if lilt'e has beef l a change, age, n i� wr.w.. ^ - - • - --- -- -- - - - - NOW, THEREFORE, BE IT AT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH strongly opposes the preliminary recommendations of the Federal Subsistence Board that Kodiak be changed from a rural to a non -rural community and urges the Board to make a final decennial determination that Kodiak is rural; and Kodiak Island Borough, Alaska Resolution No. FY2007 -08 Page 2of2 BE IT FURTHER RESOLVED that Kodiak's significant rural characteristics have not changed since 1990 and that Kodiak should remain a rural community for subsistence purposes; and BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH requests the Federal Subsistence Board hold its final December hearing in Kodiak, Alaska, for the purposes of listening to local residents' testimony concerning the importance of confirming Kodiak's rural status. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -08 Page 3 of 2 Resolution No. 06-28 Page 1 of 2 CITY OF KODIAK RESOLUTION NUMBER 06-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK URGING THE FEDERAL SUBSISTENCE BOARD TO DESIGNATE KODIAK RURAL WHEREAS, the United States Congress passed into Law, in 1980, Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) in order to protect the subsistence rights of rural Alaskans by making subsistence a priority use of federal lands and waters for rural Alaskans; and WHEREAS, Congress indicated in Title VIII that protecting subsistence was essential to Alaska Native culture and a rural lifestyle, and that Congress was applying its trust responsibility to Alaska Natives in requiring a subsistence priority; and WHEREAS, the federal government assumed authority over subsistence management on public lands in Alaska because they determined that the State of Alaska was not in compliance with Title VIII of ANILCA; therefore the federal government through the Federal Subsistence Management Board is responsible for protecting subsistence and implementing the Congressional intent of Title VIII; and WHEREAS, Congress recognized that an Alaskan community with a population of more than 7,000 can be rural if it possesses significant characteristics of a rural nature, and this recognition is documented in federal regulations; and WHEREAS, both the Federal Subsistence Board and the State of Alaska determined that the City of Kodiak and the adjacent road system had significant rural characteristics and, therefore, was designated rural for State and federal purposes in the early 1990s; and WHEREAS, the Federal Subsistence Board is required to review rural determinations every ten years to evaluate changes within a community that justify changing its rural status; and WHEREAS, the Federal Subsistence Board has recently recommended that Kodiak be changed from rural to nonrural status, thereby eliminating Kodiak's qualification for the rural subsistence priority; and WHEREAS, the Federal Subsistence Board appears to be basing its recommendation for changing the status of Kodiak primarily on the basis of an aggregate road system population exceeding 7,000, which was true when Kodiak was first designated rural; and WHEREAS, there has been an approximately ten - percent decline in the City of Kodiak's population between 1990 and 2005 (from 6,787 to 6,088) moving the City of Kodiak further away from the benchmark population of 7,000 people; and WHEREAS, the City of Kodiak and the Kodiak road system continues to possess significant characteristics of a rural nature, including a remote location, cultural and geographical isolation, a high cost of living, and limited access to goods and services; and WHEREAS, the United States Coast Guard Base does not eliminate or reduce the rural nature of Kodiak, since the Base functions as an independent community, located well outside the boundaries of the City of Kodiak, with its administrative authority based in Alameda, California; and WHEREAS, the City of Kodiak, along with each of the individual road - system neighborhoods have individual and unique characteristics that define them, and they should not be "lumped" together for rural designation purposes in an effort to establish a "community" population greater than 7,000 people; and WHEREAS, the City of Kodiak serves as a hub for outlying villages, whose elders often spend their winters and latter years living in town, returning to the village during the summer; and WHEREAS, many hundreds of Alaska Natives reside in Kodiak and are strongly dependent on subsistence for their cultural and nutritional survival, as are many more residents of the community, due to their economic status or lifestyle; and WHEREAS, the subsistence characteristics of Kodiak have not significantly changed, since Kodiak was originally designated rural, to the point where Kodiak residents should be denied their cultural heritage and access to subsistence resources. NOW, THEREFORE, BE IT RESOLVED that the City of Kodiak strongly opposes the preliminary recommendations of the Federal Subsistence Board that Kodiak be changed from a rural to a nonrural community and urges the Board to make a final decennial determination that Kodiak is rural. BE IT FURTHER RESOLVED that Kodiak's significant rural characteristics have not changed since 1990, and Kodiak should remain a rural community for subsistence purposes. BE IT FURTHER RESOLVED that the City Council of Kodiak, Alaska, requests the Federal Subsistence Board hold its final December hearing in Kodiak, Alaska, for the purposes of listening to local residents' testimony concerning the importance of confirming Kodiak's rural status. ATTEST: Resolution No. 06-28 Page 2 of 2 CITY CLERK CITY OF KODIAK Adopted: August 24, 2006 MAYOR ATTEST: d udith A. Nielsen, CMS, Borough Clerk Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -35 Introduced by: Manager Gifford Requested by: Assembly Introduced: 04/20/2008 Adopted: 04/20/2006 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE FEDERAL SUBSISTENCE BOARD TO RECOGNIZE KODIAK ISLAND, THE CITY OF KODIAK, AND THE ADJACENT ROAD SYSTEM AS RURAL COMMUNITIES FOR SUBSISTENCE PURPOSES WHEREAS, a majority of Kodiak Island is dominated by the Kodiak National Wildlife Refuge and our community is surrounded by nearly 5,000 square miles of large open spaces of undeveloped land that will probably never have significant development; and WHEREAS, the Kodiak and adjacent road system has been recognized as a rural community where its residents depend heavily on subsistence uses of fish and wildlife for nutritional and other uses; and WHEREAS, subsistence harvest and sharing of resources has been a vital way of life in our extended community for at least 8,000 years; and WHEREAS, we are a remote island hub community for outlying villages, whose elders often spend their winters and latter years living in "town" and returning to the village during the summer; and WHEREAS, our island community is inaccessible from the main land except by boat or plane; and WHEREAS, we have a very limited road system and residents do not have the option of driving to a larger urban area to purchase groceries, building supplies, basic necessities, or luxJry items; and WHEREAS, inclement weather often precludes air travel and barge service; and WHEREAS, declines in the fisheries, which is the economic base of our community, creates an even greater reliance on subsistence resources; NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH urges the Federal Subsistence Board to recognize Kodiak Island, the City of Kodiak, and the adjacent road system as a Rural Community for Subsistence Purposes. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE ASSEMBLY requests that the Federal Subsistence Board hold a hearing in Kodiak, Alaska for the purposes of listening to the Kodiak island residents' testimony concerning the local rural status. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF APRIL 2006 KODIAK ISLAND f % •1 fl P%11/111 r\O DIAK ISLAND ovROUGH Resolution No. FY2006 -35 Page 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Item No. 13.C.1 Ordinance FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More Efficient. According to the current wording of Chapter 3.30, the owner of real and personal property used for transactions which are subject to transient accommodations tax can avoid responsibility for the tax by renting the property to an operator, using a closely held business, or otherwise contracting away responsibility for the tax. An owner should be encouraged to assure that the property is used in a lawful manner. Ordinance No. FY2007 -06 amends Chapter 3.30 to eliminate the possibility of the owner of real and personal property, avoiding the responsibility for the accommodations tax by renting property to third party operators. Untimely payment of other Borough fees can adversely effect every taxpayer and the Borough. By amending the code, the Assembly will promote a fair and efficient resolution of such delinquencies for all parties. This ordinance has been reviewed by the Borough Attorney. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2007 -06. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -06 Introduced by: Manager Gifford Requested by: Finance Director Drafted by: Borough Attorney Introduced: 09/07/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.30 TRANSIENT ACCOMMODATIONS TAX TO PROVIDE FOR COLLECTION THAT IS MORE EFFICIENT WHEREAS, as Chapter 3.30 of the Kodiak Island Borough Code of Ordinances (KIBC) presently reads, the owner of real and personal property used for transactions which are subject to the transient accommodations tax can avoid responsibility for the tax by renting the property to an operator, using a closely held business or otherwise contracting away responsibility for the tax; and WHEREAS, an owner of real property should be encouraged to assure that the property is used in a lawful manner; and WHEREAS, every closely held business and its owners who receive the economic benefit of providing transient accommodations should be responsible for assuring that the tax is collected and paid; and WHEREAS, as recognized by section 3.30.240 of the KIBC, putting a lien on the real and personal property used for transactions which are subject to the transient accommodations is an efficient means of collecting the tax; and WHEREAS, it is appropriate to amend the relevant sections of KIBC 3.30 to eliminate the possibility that the owner of real and personal property used for transactions which are subject to the transient accommodations tax could avoid responsibility for the tax by renting the property to an operator, using a closely held business or otherwise contracting away responsibility for the tax; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH THAT: Section 1: Classification. Section 2, 3 and 4 of this ordinance are of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. Section 2: KIBC 3.30.070 A is amended to read: A certificate of tax exemption may be revoked by the manager for any of the following acts or omissions: 1. falsification of any statement or information in the application for certificate of exemption; 2. utilization of the tax - exempt certificate for the purchase or acquisition of nonexempt pt r el llals; 3. knowingly or negligently permitting or authorizing the use of the certificate by a person other than an authorized agent or employee of the person or entity to whom the certificate was issued; 4. failing, within 30 days of a written request from the finance director, to provide owner's certificate required by section 3.30.080 F (if the operator is not also the owner of the property on which the transactions which are subject to the tax imposed by this chapter); or Kodiak Island Borough, Alaska Ordinance No. FY2007 Page 1 of 2 5. failing, within 30 days of a written request from the finance director, to provide a closely held business certificate required by section 3.30.080 F (if the operator or the owner of the property on which the transactions which are subject to the tax imposed by this_chapter is using a closely held business in the context of those transons.) Section 3: KIBC 3.30.080 F is adopted to read: If the operator is not also the o ner of the property on which the transactions which are subject to t - e to • • ed by this chapter occur, the certificate of registration will n • be - • - d until the owner certifies in writing that the property is subj : ct t • alien ' nder section 3.30.240. If the operator or the owner of the pr • pert on Mich the transactions which are subject to the tax imposed by th s cha • = r occur is a closely held business the certificate of registration w II not be issued until the owners of that closely held business certify in iting that their property is subject to a lien under section 3.30.240. For • rposes' of this chapter, "closely held business" includes a corporation, limited liability company or other business entity which has less than five unrelated (by blood or marriage) owners. Section 4: KIBC 3.30.240 A is amended to read: The tax, interest, and penalty imposed under this chapter and the lien filing fee under subsection B of this section shall constitute a lien in favor of the borough upon all real and personal property used for the transactions which are subject to the tax imposed under this chapter as well as upon all real and personal property of every person required to collect and remit the tax. The lien arises at the time of delinquency, one hundred and twenty (120) days following the due date of the tax return, and continues until liability for the tax is satisfied or the property of the delinquent person is sold at foreclosure sales. The lien has priority over all other liens and encumbrances except those for property taxes and special assessments; provided, however, that the lien is not valid as against a person in the position of a prior mortgagee, pledgee, or judgment creditor until notice of the lien is filed in the office of the recorder for the Kodiak Recording District in the manner provided for federal tax liens in AS 43.10.090 through 43. 10.150 and the lien is not valid against a purchaser who, prior to the recording of it, in good faith and without actual notice of the lien or the underlying tax liability, has acquired for fair market value an interest in property otherwise subject to the lien. Upon recordation, a copy of the lien shall be sent to the last known address of every person named in the lien. Failure to comply with this requirement shall not, however, affect the validity of the lien or the borough's right or authority to foreclose upon it. Section 5: Effective Date. Sections 2, 3 and 4 shall become effective immediately. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -06 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations Section 203 of the Personnel Manual establishes the organization and duties of the Personnel Board. Currently it states that "A member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough." Currently Pam Foreman has been appointed by the Assembly to the Parks and Recreation Committee and the Personnel Board. Based on the opinion of the Borough attorney (copy attached), members of the Personnel Board cannot be a member of any other Borough board or committee. We believe this was not the intent of the current language in the Personnel Manual and are therefore recommending that the Assembly consider changing the language in Section 203 of the Personnel Manual to state that "A member of the Personnel Board may not hold an elected office or be an employee in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough." We believe that the intent of the current language was to only exclude elected officials and employees of the Borough from serving on the Personnel Board due to the duties and responsibilities of the Personnel Borough. The elected officials are the policy makers who established the Personnel Board and its duties. The elected officials also approve any changes to the Personnel Manual. Borough employees are governed by the rules and policies established in the Personnel Manual. Given the difficulty in recruiting volunteers for the various Borough boards and commissions, we recommend that the current limitation be changed. APPROVAL FOR AGENDA: ijar Recommended motion: Move to adopt Ordinance No. FY2007 -07. Item No.13.C.2 Ordinance No. FY2007 -07 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -07 Introduced by: Manager Gifford Requested by: Mayor Selby Drafted by: Manager Gifford Introduced: 09/07/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE FIRST PARAGRAPH OF SECTION 203 OF THE PERSONNEL RULES AND REGULATIONS WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy, recognizes that personnel rules and regulations must be amended from time to time in order to provide for necessary personnel adjustments; and WHEREAS, there is a need to clarify first paragraph, Section 203 of the Personnel Code which currently reads "a member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough;" 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 Personnel Rules and Regulations. Section 2: first paragraph, Section 203 of the Personnel Code is hereby amended as follows: 203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. The term of each member shall be three (3) years. The terms of appointments to the Board shall be staggered so that two (2) members are appointed each year for two consecutive years and one (1) member is appointed the third year. The regular term of a member of the Board shall commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. A member of the Personnel Board office-or—position may not hold an elected office or be an employee in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough and their own recommendations. Appointments should be somewhat consistent with the overall ethnic composition of the population of the community. All vacant positions and anticipated vacancies on the Borough Personnel Board will be advertised via local media, at least three weeks prior to the filling of the vacancy by the Assembly. A member of the Personnel Board may be removed from office by the Borough Assembly for incompetence, dereliction of duty, three consecutive unexcused absences from official Personnel Board meetings, or other abuse after being given a copy of the charges and an opportunity to be heard publicly on such charges before the Assembly. The Personnel Board will receive all recommendations concerning additions, revisions, or deletions to /from the Borough Personnel Policies and Procedures Manual. In addition, they may formulate their own recommendations concerning the Borough Personnel Policy. These recommendations should have input from the Borough Manager prior to Kodiak Island Borough, Alaska Ordinance No. FY2007 -07 Page 1 of 2 ATTEST: action. The Assembly will then consider these recommendations, and if approved as presented, or approved in amended from by ordinance, will become permanent additions, revisions, or deletions to /from the Borough personnel policy. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -07 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Item No. 13.C.3 Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. The Community Development department is initiating a code update to portions of the KIB zoning ordinance (Title 17) as it relates to different "transient accommodation" uses. The initiation of this code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. This proposal to amend sections of Title 17 was heard and approved at the May 17 and July 19, 2006 regular meetings of the Kodiak Island Borough Planning and Zoning Commission. The Commission began work on this proposal during their October 2005 regular meeting. During the course of the analysis and review, approximately 150 public review drafts and comment solicitation letters were sent to all transient accommodation business owners (including guides and pilots) in the Borough. Community Development staff considers "transient accommodation" uses, for the purposes of this review and update, to include the following uses: Bed and Breakfast, Boardinghouse, Hotel, Motel, Recreational Cabin, and Lodge. Staff has detected numerous inconsistencies relating to these types of uses between the language within Title 17 and how these uses have been conducted on site. Staff felt that it was necessary to also review and amend what zoning districts allow these uses either as a permitted use or a conditional use. Staff is also proposing that prior to being issued a Zoning Compliance certificate for a Transient Accommodation use, proof of registration for said tax would be provided to the Community Development Department. The proposed amendments have been formally reviewed by the Borough attorney. APPROVAL FOR AGENDA: d n ' Recommended motion: Move to adopt Ordinance No. FY2007 -08 in first reading to advance to public hearing on September 21, 2006. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -08 Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 09/07/2006 Public Hearing: Failed: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTERS 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 FOR TRANSIENT ACCOMMODATIONS WHEREAS, the Kodiak Island Borough Planning and Zoning Commission requested the Community Development Department to review KIBC Title 17 with regard to transient accommodation uses; and WHEREAS, the Planning and Zoning Commission spent nine months reviewing the code, gathering information on the condition of local transient accommodations, and holding public work sessions to discuss possible code changes; and WHEREAS, the Planning and Zoning Commission has recommended certain amendments to KIBC Title 17 regarding the standards for the development and operation of transient accommodations and to address many of the issues raised regarding the health, safety, and welfare of the residents of the Borough; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; 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 17 Zoning Chapter 17.03 General Provisions and Use Regulations Section 17.03.110 Bed and Breakfasts, lodges, motels, hotels, and vacation homes is hereby added as follows: Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 1 of 6 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (Code section 3.30.080) or, if applicable, the certificate of exemption from that tax (Code section 3.30.060), must be submitted to the Community Development Department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Code chapter 17.63) shall be issued. Section 3: Title 17 Zoning Chapter 17.06 Definitions Sections 17.06.055 Bed and Breakfasts, 17.06.310 Guest room, 17.06.454 Premises, 17.06.455 Recreational cabin and 17.06.572 Vacation home are hereby amended and added as follows: 17.06.055 Bed and Breakfast (B &B). "Bed and Breakfast (B &B) means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is two (2) five (5). In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, a Bed and Breakfast with up to two quest rooms must provide one additional parking space; a Bed and Breakfast with three to four guest rooms must provide two additional parking spaces; and a Bed and Breakfast with five quest rooms must provide three additional parking spaces. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast, or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. 17.06.454 Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. 17.06.572 Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. Section 4: Title 17 Zoning Chapter 17.12 NU— Natural Use District Section 17.12.020 Or. .0”,;44,-..4 r,r ;., r.; r... 1 , r ,J e-4... .,.4. .r,. r. ir. 1, ,. r,. ., 1,. r.rl..rl a Q s J fo ll .VIIV .., 1 011111E10U pi It II,gJGI (40000 IV OII UI.,1U / GO 10 110101/), 01110 G VVs: 17.12.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and /or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; C. Passive recreation activities (photography, hiking, camping, cross country skiing, horseback riding, etc.); Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 2 of 6 D. Pedestrian trails and trail systems; and E. Public coastal docking facilities; and F. Recreational cabin. Section 5: Title 17 Zoning Chapter 17.13 C- Conservation District Section 17.13.020 Permitted principal uses and structures is hereby amended as follows: 17.13.020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU- Natural Use Zoning District; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak Soil and Water Conservation District, in those areas historically established for livestock grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island. C. Commercial fishing activities and related structures, including mariculture activities and related structures; D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography, etc.) and related structures (e.g. lodges) containing provisions for no more than six (6) clients; E. Parks; F. Recreational activities (including recreational mining activities); G. Single- family dwellings /recreational cabins and associated home occupations; H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities; and I. Churches; J. Bed and breakfast; and K. Vacation home. Section 6: Title 17 Zoning Chapter 17.15 RR2 -Rural Residential Two District Section 17.15.020 Permitted principal uses and structures is hereby amended as follows: 17.15.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Home occupations; G. Horticultural buildings and activities; and H. Single- family dwellings I. Vacation home; and J. Bed and breakfast. Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 3 of 6 Section 7: Title 17 Zoning Chapter 17.16 RR -Rural Residential District Section 17.16.020 Permitted principal uses and structures is hereby amended as follows: 17.16.020 Permitted principal uses and structures. A. Single- family dwellings; B. Vacation home; and C. Bed and breakfast. Section 8: Title 17 Zoning Chapter 17.17 RR1 - Rural Residential One District Section 17.17.020 Permitted principal uses and structures and Section 17.17.030 Conditional uses are hereby amended as follows: 17.17.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single- family dwellings; and H. Home occupations; I. Vacation home; J. Bed and breakfast; and K. Recreational cabin. 17.17.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Fireworks stands. Section 9: Title 17 Zoning Chapter 17.18 R1 - Single- Family Residential District Section 17.18.030 Conditional uses is hereby amended as follows: 17.18.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Hospitals; and B. Schools; C. Bed and breakfast; and D. Vacation home. Section 10: Title 17 Zoning Chapter 17.19 R2 - Two - family Residential District Section 17.19.020 Permitted principal uses and structures is hereby amended as follows. 17.19.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 4 of 6 E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single- family dwellings; -and L. Two - family dwellings M. Vacation home; and N. Bed and breakfast. Section 11: Title 17 Zoning Chapter 17.20 R3 - Multiple Family Residential District Section 17.20.020 Permitted principal uses and structures is hereby amended as follows: 17.20.020 Permitted uses. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single- family dwellings; and N. Two - family dwellings; 0. Vacation home; and P. Bed and breakfast. Section 12: Title 17 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District Section 17.22.020 Permitted principal uses and structures is hereby amended as follows: 17.22.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts /motels; D. Churches; E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores, professional offices, etc.); J. Schools /daycare facilities; K. A single - family dwelling if located on lot with a structure containing a permitted Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 5 of 6 PERMITTED USES REQUIRED OFF - STREET PARKING SPACES Bed and Breakfast In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, up to two guest rooms must provide 1 additional parking space; with three to four guest rooms must provide 2 additional parking spaces; and a Bed an Breakfast with five guest rooms must provide 3 additional parking spaces. business use; and L. Warehouses; M. Vacation home; N. Bed and breakfast; and O. Motel. Section 13: Title 17 Zoning Chapter 17.57 Off - street parking and loading Section 17.57.040 (A) Number of spaces required is hereby amended as follows: 17.57.040 Off - street parking -- Number of spaces required. A. The required number of off - street parking spaces to be provided will be determined as follows: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 6 of 6 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -08 Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 09/07/2006 Public Hearing: Failed: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTERS 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 FOR TRANSIENT ACCOMMODATIONS WHEREAS, the Kodiak Island Borough Planning and Zoning Commission requested the Community Development Department to review KIBC Title 17 with regard to transient accommodation uses; and WHEREAS, the Planning and Zoning Commission spent nine months reviewing the code, gathering information on the condition of local transient accommodations, and holding public work sessions to discuss possible code changes; and WHEREAS, the Planning and Zoning Commission has recommended certain amendments to KIBC Title 17 regarding the standards for the development and operation of transient accommodations and to address many of the issues raised regarding the health, safety, and welfare of the residents of the Borough; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; 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 17 Zoning Chapter 17.03 General Provisions and Use Regulations Section 17.03.110 Bed and Breakfasts, lodges, motels, hotels, and vacation homes is hereby added as follows: Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 1 of 6 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (Code section 3.30.080) or, if applicable, the certificate of exemption from that tax (Code section 3.30.060), must be submitted to the Community Development Department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Code chapter 17.63) shall be issued. Section 3: Title 17 Zoning Chapter 17.06 Definitions Sections 17.06.055 Bed and Breakfasts, 17.06.310 Guest room, 17.06.454 Premises, 17.06.455 Recreational cabin and 17.06.572 Vacation home are hereby amended and added as follows: 17.06.055 Bed and Breakfast (B &B). "Bed and Breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is two (2) five (5). In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, a Bed and Breakfast with up to two guest rooms must provide one additional parking space; a Bed and Breakfast with three to four quest rooms must provide two additional parking spaces; and a Bed and Breakfast with five quest rooms must provide three additional parking spaces. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast, or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. 17.06.454 Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. 17.06.572 Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. Section 4: Title 17 Zoning Chapter 17.12 NU— Natural Use District Section 17.12.020 Permitted IIIILLGU i ./ri%ItiilJQ1 uses and structures is I IGI GIJ amended as IVIIVVVJ. 17.12.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and /or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; C. Passive recreation activities (photography, hiking, camping, cross country skiing, horseback riding, etc.); Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 2 of 6 D. Pedestrian trails and trail systems; and E. Public coastal docking facilities; and F. Recreational cabin. Section 5: Title 17 Zoning Chapter 17.13 C- Conservation District Section 17.13.020 Permitted principal uses and structures is hereby amended as follows: 17.13.020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU- Natural Use Zoning District; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak Soil and Water Conservation District, in those areas historically established for livestock grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island. C. Commercial fishing activities and related structures, including mariculture activities and related structures; D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography, etc.) and related structures (e.g. lodges) containing provisions for no more than six (6) clients; E. Parks; F. Recreational activities (including recreational mining activities); G. Single- family dwellings /recreational cabins and associated home occupations; H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities; and I. Churches; J. Bed and breakfast; and K. Vacation home. Section 6: Title 17 Zoning Chapter 17.15 RR2 -Rural Residential Two District Section 17.15.020 Permitted principal uses and structures is hereby amended as follows: 17.15.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Home occupations; G. Horticultural buildings and activities; and H. Single- family dwellings, I. Vacation home; and J. Bed and breakfast. Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 3 of 6 Section 7: Title 17 Zoning Chapter 17.16 RR -Rural Residential District Section 17.16.020 Permitted principal uses and structures is hereby amended as follows: 17.16.020 Permitted principal uses and structures. A. Single- family dwellings B. Vacation home; and C. Bed and breakfast. Section 8: Title 17 Zoning Chapter 17.17 RR1 - Rural Residential One District Section 17.17.020 Permitted principal uses and structures and Section 17.17.030 Conditional uses are hereby amended as follows: 17.17.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single- family dwellings; and H. Home occupations; I. Vacation home; J. Bed and breakfast; and K. Recreational cabin. 17.17.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Fireworks stands. Section 9: Title 17 Zoning Chapter 17.18 R1 - Single- Family Residential District Section 17.18.030 Conditional uses is hereby amended as follows: 17.18.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Hospitals; and B. Schools; C. Bed and breakfast; and D. Vacation home. Section 10: Title 17 Zoning Chapter 17.19 R2 - Two - family Residential District Section 17.19.020 Permitted principal uses and structures is hereby amended as follows: 17.19.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 4 of 6 E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single- family dwellings; -and L. Two - family dwellings M. Vacation home; and N. Bed and breakfast. Section 11: Title 17 Zoning Chapter 17.20 R3 - Multiple Family Residential District Section 17.20.020 Permitted principal uses and structures is hereby amended as follows: 17.20.020 Permitted uses. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single- family dwellings; and N. Two - family dwellings; 0. Vacation home; and P. Bed and breakfast. Section 12: Title 17 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District Section 17.22.020 Permitted principal uses and structures is hereby amended as follows: 17.22.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts /motels; D. Churches; E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores, professional offices, etc.); J. Schools /daycare facilities; K. A single - family dwelling if located on lot with a structure containing a permitted Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 5 of 6 PERMITTED USES REQUIRED OFF - STREET PARKING SPACES Bed and Breakfast In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, up to two guest rooms must provide 1 additional parking space; with three to four guest rooms must provide 2 additional parking spaces; and a Bed an Breakfast with five guest rooms must provide 3 additional parking spaces. business use; and L. Warehouses; M. Vacation home; N. Bed and breakfast; and O. Motel. Section 13: Title 17 Zoning Chapter 17.57 Off - street parking and loading Section 17.57.040 (A) Number of spaces required is hereby amended as follows: 17.57.040 Off- street parking -- Number of spaces required. A. The required number of off - street parking spaces to be provided will be determined as follows: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -08 Page 6 of 6 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Item No. 13.C.4 Ordinance No. 2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. The purpose of this action is to accept a Hazard Mitigation Grant Program grant for fiscal year 2007 from the State of Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management in the amount of $301,318. These funds will pay for the seismic retrofit of the Ouzinkie School foundation. This foundation has been found inadequate after review of the structure by structural engineers who were performing seismic vulnerability studies of our school Recommended motion: Move to adopt Ordinance No. 2007 -01A. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01A Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 09/07/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY ACCEPTING AND APPROPRIATING A STATE GRANT IN THE AMOUNT OF $301,318 FOR THE SEISMIC RETROFIT OF THE OUZINKIE SCHOOL FOUNDATION WHEREAS, Borough voters approved the review of Borough owned school facilities for seismic vulnerability; and WHEREAS, Borough hired a structural engineer to review building plans and conduct a seismic evaluation of these facilities; and WHEREAS, Ouzinkie School foundation was found not to be properly reinforced and braced; and WHEREAS, an application to the State of Alaska Hazard Mitigation Grant (HMGP) program was submitted to address Ouzinkie School foundation was approved. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF KODIAK ISLAND BOROUGH: SECTION 1: This ordinance is not of a permanent nature and will not be codified. SECTION 2: The manager is authorized to accept $301,318 from the Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance. SECTION 3: These funds in the amount of $301,318 are appropriated as follows: $ 301.318 to account # 430 - Capital Grants SECTION 4: This ordinance shall become effective immediately upon enactment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Ales.,.. RA I.,..:...- (' R A n in ....,...,. L, f' I ...I ivvva ivi. vavicI, vrviv, uvIvuyll vICIIS. Kodiak Island Borough, Alaska Ordinance No. FY2007 -01A Page 1 of 1 Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 23, 2006 FRANK MURKOWSKI, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 Fax: (907) 428 -7009 Toll Free: (800)478 -2337 www.ak - prepared.com Enclosed is the new grant agreement for the seismic retrofit of the Ouzinkie school, project #1571.0009. It has been corrected to reflect you as the signatory official, rather than Bud Cassidy. Please destroy the previously mailed version. All other aspects of the award remain the same, including the award amount, and the previously mailed Sub - Grantee's Handbook and forms CD. You will find two copies of the grant agreement enclosed; one is for your records and the other is for ours. Please return one copy to our mitigation grants administrator, Elizabet Bernhardt, after signing it. If you have any questions, please contact Ms. Bernhardt at (907) 428 -7078 or elizabet_bernhardt@ak - prepared.com. del:ewb:tdp Enclosures: 2 Grant Agreements Sincerely, , David E. Liebersbach Governor's Authorized Representative X. \Plans_Preparedness \ Mitigation \1571 04 Bearing Sea Storm \KIB Ouzinkie School Retrofit \1571 -0009 Ouzinkie grant agreement coverletter.doc Ift i I V ft u IGII f n I AUG 2 5 2006 KIB MANAGER J 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award 0 Amendment ❑ Amendment#_ 4. Employer Tax ID # 92- 003085 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak- prepared.com 7. Recipient Project Manager: Ken Smith Phone: 907 - 486 -9341 Fax: 907 - 486 -9394 Email: ksmith @kib.co.kodiak.ak.us 8. DHS &EM Project Manager: Scott Simmons Phone: 907 - 428 -7016 Fax: 907 - 428 -7009 Email: scott_simmons@ak- prepared.com 9. Effective Date of This Action August 18, 2006 10. Method of Payment: Electronic Funds Transfer 11. Grant Award and Deliverables (See following two pages and Sub - Grantees' Handbook) Grant Amount: $301,318 Estimated administrative allowance (see also 11.13 below):$7,026 Total Awarded Amount: $308,344 'Deliverables are as described in the agreed upon application Grant # 1571.0009 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. SeeAttechmentl if Applicable 13. Grant Requirements, Assurances and Agreements: (continued on reverse side of Agreement) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer Printed Name: Karieton Short Date: Phone: 907 - 486 -9320 Fax: 907 - 486 -9399 Email: kshort@kib.co.kodiak.ak.us 16. Signature of Local Jurisdiction's Signatory Official Printed Name and Title: Rick Gifford, Borough Manager Date: Phone: 907- 486 -9301 Fax: 907 - 486 -9374 Email: rgifford @kib.co.kodiak.ak.us 1 7 QHS &E S ignato O ffic� al \ ,\L' kki,\IJ \ David E. Liebersbach, Governor's Authorized Representative Date --Q1-,foG X: \Plans_Preparedness \Mitigation \1571 04 Bearing Sea Storm \KIB Ouzinkie School Retrofit \1571 -0009 Ouzinkie grant agreement.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for Hazard Mitigation Grant Program Grant No. 1571.0009 Revised Jan 2006 11. The total allocation of the Bering Strait Sea Storm awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $710,179 under Federal Grant 1571, CFDA# 97.039. The Kodiak Island Borough has been awarded $301,318, which shall be used to support activities essential to retrofitting the Ouzinkie School. If the cost of the project at the time of termination is less than the awarded amount, the actual cost will be substituted above. DHS &EM shall not be obligated to disburse more than the above amount unless that additional amount has been approved in advance by both DHS &EM and the SUB - GRANTEE and is incorporated by written amendment to this Grant Agreement. The performance period of this award ends on August 2, 2008. Project deliverables identified in the approved project scope of work must be completed by this date. 11.1 Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Reports to the Project Manager at DHS &EM. The most current blank forms are attached and may be reproduced. Quarterly reports are due: Q1 October 1 — December 31 Report due January 20 (Include annual Property inventory Report) Q2 January 1 — March 31 Report due April 20 Q3 April 1 — June 30 Report due July 20 Q4 July 1 — September 30 Report due October 20 Narrative reports shall compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Include any significant events or activities. Financial reports shall show receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. 11.2 Time of Performance: The Sub - Grantee shall complete the project within the performance period as stated above. The Sub - Grantee may request that DHS &EM extend the deadline for grant agreement completion in the event of extenuating circumstances. All requests must give a detailed justification in writing. 11.3 Reimbursements: See Sub - Grantees' Handbook, p. 6. Expenditure reimbursement may be requested at any time. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, timesheets with name /wage /hours, cost allocation, warrants, etc.). Payroll reports that capture this information, signed and certified by the Chief Financial Officer, are also acceptable. Copies of all contracts for services shall be submitted to DHS &EM. Contract deliverables must meet the intent of the grant application and grant requirements. Staff may not self - certify their own time and wages. Cash payments may be withheld pending correction of deficiencies in required reports. Indirect costs are not allowed. 11.4 Advance of Funds: See Sub - Grantees' Handbook, p. 6. 11.5 Final Payment: The Sub - Grantee has 60 days from the completion of the project to submit a final report and DHS &EM form 30 -04HM. DHS &EM will conduct final inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, if determined necessary by DHS &EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS &EM reserves the right to withhold disbursement of final payment to the Sub- Grantee until the project has been completed and given final approval by DHS &EM. 11.6 Penalty for Non - Compliance: Reimbursements may be partially or wholly withheld, or the award may be wholly or partly suspended, or terminated for the reasons listed below. DHS &EM shall notify the Kodiak Island Borough of its decision in writing 30 days prior to any such termination. The Kodiak Island Borough must respond within 5 days of receipt of the notification. 11.6.1 Unwillingness or inability to attain project goals 11.6.2 Unwillingness or inability to adhere to Special Conditions listed in Block 12, if applicable 11.6.3 Inability to adhere to grant guidelines and federal compliance requirements 11.6.4 Improper procedures regarding contracts and procurements 11.6.5 Inability to submit reliable and /or timely reports 11.6.6 Any misrepresentation, error, or inaccuracy in any part of the application shall be deemed a breach of this Grant Agreement. 11.7 Sub - recipient Monitoring Policy: DHS &EM reserves the right to periodically monitor the Kodiak Island Borough's financial policies and procedures, records, systems, means of allocating and tracking costs, maintenance of current financial data, procurement policies and records, payroll records and means of allocating staff costs, property /equipment management system(s), program operations, and other concerns relative to this award. This may include desk and field audits. Technical assistance is available from DHS &EM staff. 11.8 Conflict of interest: No officer or employee of DHS &EM; no member, officer, or employee of the Sub - Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Sub - Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. The Sub - Grantee must certify they comply with the State of Alaska "Ethics Information for Members of Boards and Commissions, and that they comply with AS 39.52. Available at http: / /www.law. state. ak .us /pdf /ethics /b &cbooktext.pdf. 11.9 Political Activity: No portion of the funds provided herein may be used for any partisan political activity. 11.10 Changes to Award: The Sub - Grantee or DHS &EM may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by DHS &EM and the Sub - Grantee. All change requests must be submitted in writing or electronically to the Project Manager for review and approval, accompanied by a narrative justification and spending plan. Changes must be consistent with the scope of the project and grant guidelines. Revisions to the Scope of Work, extension of the performance period, changes in key persons specified in an application or the grant award, contractual services for activities central to the purposes of the award, requests for additional funding will result in an amendment to this award. 11.11 Waivers: No conditions or provisions of this Grant Agreement can be waived unless approved by DHS &EM in writing. 11.12 Non - reimbursable Expenses: Indirect costs are not allowable under this grant. 11.13 Administrative Allowance: The Sub - Grantee is eligible to receive federal administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified in 44 CFR Section 13 Subpart C. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant. Administrative costs are based on the following percentages of total net eligible costs: For the first $100,000 of net eligible costs, three percent of such costs. For the next $900,000, two percent of such costs. Fnr the next $4,000000, one percent of such costs. For those costs over $5,000,000, one -half percent of such costs. The Sub - Grantee must retain records of how the Administrative Allowance is spent and must submit quarterly reports on total expenditures. The applicant's records need not be submitted; however they must be retained by the applicant for three (3) years beyond date of closeout for the disaster. These records are subject to audit. 13. We, the Signatory Officials, do hereby assure and certify: 13.1 The performance period for this grant award is August 2, 2006 through August 2, 2008. Funds may not be obligated outside of this time period. 13.2 All expenditures must be certified and signed by the responsible financial officer indicating that such expenditures have been incurred by the jurisdiction, and are eligible and allowable expenditures consistent with the grant guidelines for this project. 13.3 Any contract entered into during this grant period shall comply with local, state and federal government contracting regulations. 13.4 Records shall be maintained for a period of three (3) years following the date of the closure of the disaster, or audit if required. 2 13.5 As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB Circular A -133. The sub - recipient will permit the State of Alaska Project and Program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB Circular A -133. Copies of audit findings must be submitted to DHS &EM within 30 days after the sub - recipient receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. The Federal agency name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency will be included. 13.6 The signature of the Signatory Official on this Award attests to the Kodiak Island Borough's understanding, acceptance, and compliance with thbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 3.7 Procurement shall comply with local procurement policies and procedures, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 28 CFR Parts 66 & 70, and OMB CircularA -102 "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments ". Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Sole- source procurements and all purchases in excess of $100,000 require prior approval of DI-IS&EM. 13.8 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement. 13.9 Our agents will perform all obligations under this Grant Agreement as independent contractors and not in any manner as agents of DHS &EM. 13.10 This Hazard Mitigation Project Grant shall be governed by, and we will comply with, all applicable provisions of Alaska Statutes, Alaska Administrative Code, 44 CFR and DHS &EM policies and guidelines, including the Administrative Plan. 13.11 We will protect, save, and hold harmless DHS &EM and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Sub - Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. We further agree to defend DHS &EM and the State of Alaska and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of DHS &EM or the State of Alaska or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of DHS &EM and the State of Alaska and their agents or employees, and the Sub - Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sub - Grantee, or Sub - Grantee's agents or employees. 13.12 Hazard Mitigation funds will not be used to supplant State or local funds. Hazard Mitigation Grants cannot be used for projects funded by other Federal programs. 13.13 Our employees are eligible to work in the U.S. as verified by Form 1 -9, Immigration & Naturalization Service Employment Eligibility. Available at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf 13.14 Our workplace will meet all applicable federal and state safety and health regulations that are in effect during the grant period. 13.15 We shall maintain an effective property management system, including a Property Inventory Report submitted annually each January 20 with the Financial Progress Report; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment in good condition, and disposition procedures See Sub - Grantees' Handbook, p. 8. The Sub - recipient agrees that, when practicable, any equipment purchased with the grant funding shall be prominently marked as follows: Purchased with funds provided by the U.S. Department of Homeland Security. 13.16 The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: This Document was prepared under a grant from the United States Department of Homeland Security/FEMA, and the Alaska Division of Homeland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do of necessarily represent the official position or policies of SLGCP, the US Department of Homeland Security/FEMA, or the State of Alaska. 3 Initial here SPECIAL REQUIREMENTS AND ASSURANCES Note: This list is not intended to be exhaustive and does not indicate lack of additional applicable legal requirements. 1. STATE AND FEDERAL LAWS TO BE OBSERVED The Sub - Grantee must comply with state and federal law in performing all tasks undertaken with respect to this Grant Agreement. The following sections are set forth for informational purposes, and do not constitute a representation by DHS &EM that they include all relevant laws. It is the Sub - Grantee's responsibility to comply with all laws, and reliance upon the brief description provided in this contract shall not create any liability on behalf of DHS &EM. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY PROCUREMENT REGULATIONS, 44CFR Section 13.36(b) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(b) through (i). 3. PUBLIC LAW 88 -352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d et seq.) (24 CFR Part 1) The Sub - Grantee must comply with the provisions of "Public Law 88- 352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. 4. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794) The Sub - Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 5. AMERICANS WITH DISABILITIES ACT ( U.S.C. 12101, et seq.) The Sub - Grantee shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the Sub - Grantee in four principle ways in respect to: a. employment; b. the provision of public services; c. transportation; d. existing facilities and new construction. 6. COPELAND ACT (Anti- Kickback Act) (40 U.S.C. 276c) The Sub - Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution, completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. 7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( U.S.C. 327 et seq.) The Sub - Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a work week, unless compensation of not less than one and one -half times the basic rate is paid for the overtime hours. If the Act is violated, the Sub - Grantee or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. 8. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.0 Section 4321 et seq., and 24 CFR Part 58 The Sub - Grantee shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the Sub - Grantee must also submit environmental certifications to DHS &EM when requesting that funds be released for the project. The Sub - Grantee must certify that the proposed project will not significantly impact the environment and that the Sub - Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 9. U.S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A -133, AUDITS OF STATE AND LOCAL GOVERNMENTS The Sub - Grantee shall comply with the requirements of Federal Circular A -133, which requires that the Sub - Grantee expending $300,000 ($500,000 for fiscal year ending after December 31. 2003)or more in federal funds during the applicant's fiscal year to have an audit made for that year. a. Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office (GAO); b. The Single Audit Act Amendments of 1996 (31 U. /S.C. 7501 -7507) c. Revised OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations issued by the U.S. Office of Management and Budget (OMB). d. 44 CFR 13.26 (b), Grantees and sub - grantees are responsible for obtaining audits IAW the Single Audit Act Amendments of 1996 (31 U. /S.C. 7501- 7507) 4 PROJECT DEVELOPMENT AND CONSTRUCTION SCHEDULE ATTACHMENT 1 City of «City », Alaska «Project Title» DHS &EM DESCRIPTION OF ACTIVITY /TASK SCHEDULE COMPLETION DATE ESTIMATED COST $ / %PROJECT 5 IL S. Department of Justice uniee or Justice Pmgrilms Office 0 f the CompimPer ATTACHMENT 2 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS .Apptit-atits should refer to the regulations eiteil. betow to determine the certification ti which they .:ire required ti) attest Apphcants should als review the instructions for certification included in the regulations before completing, thi 3 form Signature of this radii pro•vides for compliance witii certification i equ.tIirhtltt s under 28 (FR it 69, "NeW R.:est:tic:nous im Lobbying" and 28 CFR Part 67, " wernm ent.-w id.e Debarment and S LI3 pens on (Non pro-curement I and: Go,ern trent- wide Requirements for Drug- Free NV ork place (Grants) " The certif. l ltH,n shall be treated as a material rept e. 1 hat iOn fait UP on Vir h ith reliance writ be placed w Ft the Department of Justtce dete Mk trues to award die co yered tran art in. , gra nt, or c mipe rat ive ireemcnt 1. LORRNING A 3 required by Section ,352. :Fide 3 of the U S Code. and implemented at 28 CFR Part 69, Cot pelsons eineting into a grant or 00 operative agreement over Sli.)0.0oo. as defined at 2.8 CFR Part 69, tlie applicant ce rtifies that: tat No t ederal appropriated funds have been paid or will be pt id, by a on behalf' of t he under signed tai ty person for t fluencing or attempting to influence an officer or employee of an agency. a Member of Congress, an officer or employ ee Cong rm5, or an employ ee i)fit NI= her of Congress in con- nection with the making of any lederat grant, the entering, into of any cooperative agreement, and the extension, continuation, reit ew'a F, a mentho Mt. or modification of any Federal: grant or cooperative agreement. tbt IC an atids other than 1 ederal appropriated funds have been pant or wilt be paid 10 ate.. person, fia influencing Or t- te irpt init influence an officer or employee of any agency, a Member of Congres an officer or employ ee of V. 4 gress or an employ ee of a Member of Congress in C on necti on wtth this Federal grant or cooperative agreement, the undersigned 3hall complete and 3 UbtIt it Standard Form LLL, "Disclosure of Lobbying Ac.rivities." in Nan' dance with its instructions: tct The undersigned shalt require that the language of this cer- tification be included in the award document for all subawards at all tiers ti tic subgrants, contracts under grants attd cooperative agreements and subcontracts} and that all sub . recipients sIiaIl cert fly and disc tose ac cor dingly 2. DERARNIEN1, SUSPF,NSION, AND URIIR R VSPON 1 R11, ITN .IUTFKS (DIRECT RECIPIENT! As required by Ex ec utt ve Or der 125-0, Debarment a nd Suspension. and implemented at 28 CFR Part 57, for prospec tive ignite Mains in primary' covered trarrsactions, as defined at 28 CFR Pan 67, Section 67 510-- A Die applicant certifies that it and its principals' (a) Are not presently dieban sus pended. prriposed for debar- ment, declared Frieligible. sentenced to a denial of Federal benefits by a State or Federal court. or ',ulna tar ily excluded from covered transactions by an Federal departrnent or agency : IbI Has-e not within a three-year period preceding, th application been convicted of or had a civilrudgment tendered against them FM COI II Mt !IS tOtt of fraud 01 a criminal offense in contiec public Federal. State, 01 tocallttattaction 01 contract under a public transaction: violation of Federal or State an ti trust statutes or commission of embetzl einem, the ft, bri her. fak liiattioii or destrivairtn id records, ma k*, fir Ise statements, or recert lig stolen property: c Are not presently indicted for or otherwise criminally or coilly charged It a governmental entity (federal_ State, in ocali with commission of any of the offenses enumerated ili rraragraph 11 b t of tht ceriftcatioii. and Id t Has e not within a three-year period precixii nu this application had one or more public transactions (Federal. State, oi lim...111.1 terminated II tr cause or default and B Whet e the applicant is unable to certify to any of die statements in this certification, he or she shall attach an eisplanat on to this application J. DRI„ Rf 1 %ORk M ■4. .F" IC R.-Ms/ILLS 01111.111 1111 Ati Ltil As required by the Drug-Free NVIN:kplitice Act of 1988 . and tmplentented at 28 CFR Part 67, Subpart F. for urantees as defined at 28 CFR Part 67 Set:hi 67 615 and 67 620-- A The appl tea rit certifies that it will ot will continue to pi (wide a drug-free workplace by tat Publtslii rig a .ititettient it4i1l h)I1tL emplosees that, the unlawful nrnufacture. distribution, dispensing, posseasion, or use of a controlled substatice L profit bit ed ni t I ie giatitee 3 workplace and specifying the actions that will he taken against eniplosiees for s•totation of such prohibition. bt Establishing an on-going drug-Free awareness program to inform employees I) I e dangers of drug abuse in the workplace. 12t 'The grantees policy of ma intaintma a drug-free workplace: A A rt! tt mi, r.-1, nki r.f11 sind P.M at 'stance progranis. and t It The penalties that rnav he imposed upon employees for drug abuses millions occulting in the ss or kplace, let Malaria tt a requirement that each employee to be engaged itt the performance of the grant be ulYen a cops of the statement required 6" paragraph la!: tit Notr FY mg the Imee itt the stai ern en I required hy perauraph tal that. as a CO minion of emplosinvent under the grant, (11 Abide by the terms of the statement: and t 21 Notify the employer in writing of his or her convictiim for a violation or a criminal drug statute occurring in the workplace no later thzin five calendar days after such con IctN,n : ( el Noti, fy in g the a gen cy. %V I Ltttt., L thtn 10 cal en ital days after riven ving notice under subparagraph tdtt 21 from z,in employee or otherwise receiving actual notice of such conviction Employers of cony ictI4l emplityees must provide notice, including position title, to Department of Justice. Office of Justice Programs, ATTN. ('orafoi Desk, 8.10 1 Street N W , Washington, F) C 20531 Notice hat I include the identification numberts1 or each a.ffected grant: (f'} faking one of the following actions. vvithin 34 ) lendar days of receiving notice under 3ubparagrapt1 (111421. with respect to any ern ploy e e who is so c0n.victed— j1} Taking, appropriate personnel: action against such an employee, up to and incl tiding termination. consistent with the requiren eta 3 Of the Rehabilitatioli Act of 1973, as amended, or (2) Requiring such employ ee to participate satisfactorily in a. drug 4lbLVie aSSistance or rehabilitation program approved for such purposes by a Federal, State, or local health. law enforce 11 k Litt, of (kiwi approprtate agency . tut ktakille, a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (al, (hl, (d), (et, and (f) 13 The grantee may insert in the 5 pa Ct provided \ below the sit et s for the performance of work dene in connection with the specific g‘rant Place or Performance (Street address, city, county', state. code( As the duty authorized represent:11r . e of the applicant. I hereby certify that the applicant will comply with the above certifications 1 Grantee Name and Address: 2 Applicatioii Number and in Protect Name 4 Typed Name and Title of Atithorimil Representative Signature t )1P Ft KM 41Nit rt, (tri RAMS 40117_ 41)6F,9 Al WHY14 Aitt 04M.Y1,Elt Check _if there are workplaces on file that are not identified here Section 67, 6 10 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year A copy of which should he included with each ap- plication for Department of Justice funding. States and State agencies may elect to use WP Form 4061'7 Check the Stale has elected to complete OW Form 4061-7 DR1.4.; %\ OKKPLAU (GRANTEES WII0 ARE INDIVIDVALSt As required by the Drug-Free Workplace Act of 1088, and implemented at 28 CFR Part 67, Subpart F, for grantees-, as ijefined at 28. CFR Part 67; Sections 67 615 and 67.620— A. As a condition of the grant, I certify that I will not engage in die unlawful manufacture. distribution, dispensing, posses- sion, or use or a controlled, substance in con awing any activity with the grant:. and B lf cun¼icIed of a criminal drug ofTense ieuIwu front a V i cia (KM IXCurrinvt durin,g the conduct of any grant activity, I will report the conviction, in writing, within 10 aitertifar days of the conviction, to Department of Justice, Office of -liztrce 3 Grantee IRS Vertil Number 6 Date .1! ,i0,eintroc4 Ikveaf.(1fius '915 !-11.11,40)14 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -09. Item No. 13.C.5 Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. This ordinance was provided at the request of Assembly member Ranney. PERS is a single employer, defined benefit system. Because it is a single employer system, we do not share our retirement costs with any other entities unless a person works for more than one PERS employer. If a person works for the Borough for 15 years and then the State for 5 years, the Borough would be liable for 75% of this persons retirement costs. The retirement costs are based on the retiree's three or five highest paid years (depending on when first hired.) Defined benefit means that the retirement costs are based on what benefits are paid to the retiree, not how much was contributed. A person could be an elected official and pay very little into the system and then become an employee at the Borough or another PERS employer and their retirement expenses could cost the Borough hundreds of thousands of dollars. A former PERS employee who was not vested could also be elected to office which could cost the Borough a significant amount of money. This Ordinance would limit participation in the Borough's retirement system to employees of the Borough. KODIAK ISLAND BOROUGH Ordinance No. FY2007 -09 Introduced by: Manager Gifford Requested by: Assembly member Ranney Drafted by: Finance Director Introduced: 9/7/2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING AN AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) OF ALASKA TO CHANGE THE BOROUGH CODE OF ORDINANCES TO EXCLUDE PARTICIPATION OF ELECTED OFFICIALS WHEREAS, the Kodiak Island Borough entered into a Public Employees Retirement System (PERS) Participation Agreement with the State of Alaska, Department of Administration; and WHEREAS, in the 2000 legislative session, House Bill 335 was signed into law that changed the Public Employees Retirement System (PERS) statutes effective August 20, 2000; and WHEREAS, PERS is a single employer, defined benefit retirement system in which all retirement costs are charged to the Borough and not shared with other governments unless the retiree worked for more than one government and the costs are then prorated by time served; and WHEREAS, PERS regulations base an individual retiree's retirement benefits on a combination of years of service and the three or five highest years earnings, it is possible for an elected official to later assume a paid position with the Borough or another PERS employer and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, a former PERS employee could be elected to office and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, the Kodiak Island Borough wishes to amend the Participation Agreement prospectively to exclude elected officials receiving compensation from those eligible to participate in PERS; and WHEREAS, the Kodiak Island Borough wishes to prospectively amend the code to elected officials receiving compensation from those eligible to participate in PERS. ! NOW, THEREFORE, BE IT ORDINAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Classification. Sections 3 and 4 of this ordinance are of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Pursuant to AS 39.35.550 the governing body of the Kodiak Island Borough hereby requests permission to exclude newly elected officials receiving compensation from those eligible to be included in the Public Employees Retirement System of Alaska. Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Page 1 of 2 Section 3: Section 2.15.070 A Miscellaneous 1, of the Borough Code be amended as follows: The mayor may be included in the borough health and life insurance plan. Section 4: Section 2.17.100 Miscellaneous 1, of the Borough Code be amended as follows: Assembly members may be included in the borough health and life insurance plan Section 5: Elected officials currently holding office can continue to participate in the Borough PERS system until they leave office. Section 6: This ordinance applies to all persons elected after September 21, 2006. Its intent is only to exclude the time that a person may serve as an elected official — not to exclude any time that the person may be otherwise employed by the borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2006 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, cmc, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Assembly Approval of Refund of Taxes Paid Under Protest Per AS 29.45.500(A) Please see attached memo. APPROVAL FOR AGENDA: cW' Item No. 13.D.1 Recommended motion: Move to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer. TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORAND UM Honorable Mayor and Assembly Members of the Kodiak Island Borough Rick Gifford, Borough Manager Karleton Short, Finance Director Buskin River Inn Transient Accommodations Tax July 19, 2006 Until recently, the Buskin River Inn, Inc., was in partnership with Koniag, Inc., the name of this partnership being the Buskin River Inn Partnership. The transient accommodation forms were filled out as the Buskin River Inn. Most years only the Buskin River Inn was listed as the owner but in 2002 Koniag, Inc. was listed as a partner. I believe that Koniag, Inc. did not know they were listed as owners however. The Buskin River Inn, Inc. did not remit their transient accommodations tax to the Kodiak Island Borough since July 27, 2004. These delinquent payments totaled $43,603.42. The Borough did have a lien against the Buskin River Inn and was paid the full amount on November 30, 2005. This payment did come out of closing when Koniag, Inc. sold the Buskin River Inn to the Kishan Group, Inc. Koniag, Inc. did, however, pay it under protest. After the closing the Koniag, Inc. attorney contacted the Borough and asked for the return of the transient accommodations taxes that came out of closing. Because Jamin, Schmitt, and St. John had a conflict of interest we referred the case to Tom Klinkner. After review Tom Klinkner determined that Koniag, Inc. was not liable for the transient accommodations tax because they did not participate in the day to day operation of the motel. Based on AS 29.45.500(a) Tom recommended that I present the Assembly a request to refund Koniag, Inc. the transient accommodations tax that was collected at the closing of the motel. AS 29.45.500(a) states ..If..it becomes obvious to the governing body that judgment for recovery of the taxes would be obtained if legal proceedings were brought, the municipality shall refund the amount of the taxes to the taxpayer with interest at eight percent from the date of pa plus costs. This memo is my request that the Borough Assembly authorize staff to refund the transient accommodation taxes ($43,603.42) plus any related costs and interest collected from Koniag, Inc. Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9323 Fax (907) 486 -9392 Re: Buskin River Inn Transient Accommodations Returns summary August 30, 2006 Period covered Tax Penalty & interest Total Third quarter 2004 $11,586.88 $4,200.25 $15,787.13 Fourth quarter 2004 3,739.61 1,215.37 4,954.98 First quarter 2005 2,003.64 576.05 2,579.69 Second quarter 2005 6,319.71 1,579.93 7,899.64 Third quarter 2005 11,653.63 728.35 12,381.98 Grand Total $35,303.47 $8,299.95 $43,603.42 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 7, 2006 Item No.13.D.2 Vacation of a 10 Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. The KIB Planning and Zoning Commission approved the above referenced electrical easement vacation after a public hearing was held on July 19, 2006. In this case, the Kodiak Island Borough Assembly is the applicable review body, which must review the vacation request in accordance with the following standards: Kodiak Island Borough Code Section 16.60.060 states: "A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation." Attached is a copy of the decision letter and minutes resulting from the decision of the Planning and Zoning Commission. Additional information may be available in case file for Subdivision Case S06 -018, which can also be made available for review by the Assembly if requested. APPROVAL FOR AGENDA: VJlc/o y/r Recommended motion: Move to approve the vacation a 10 -foot wide electrical easement located on portions of proposed Lots 3 and 4, Northern Business Park. 4 / /// /if //// / 771/5 io.d.LoAcon CD LOT 3 I 9 i. iea 5•R p 1 • Jeft9'..13 MX46' LOT UNE VACATEP I 74I3 mar-, LOT 2 rams S.F. • +. *Ft. A/ .3-83.7Fzer-ki— PUFF/N DRIVE • .50' !IF VW • • LOT 5 • 2,3'M SA 44 to 2.121 ACRES tt 74.0 .53'05 IV AL-CASEMEAIT 09•54•VoW sof motur *YAW -of_ wo /Ur We UM( VogArfa.v143-. r LO T4 54.37.9 5.E 1.248Arts5 /50.70' //4.g.0 ' C/77L /77' CAS ro• A/ .9.9'.50:07" IV as. saav .90.06' 8.9•54/6* 1 2. aTor 4t' R NOW= LAND SURVDVIAPI,INC. .9045:ix /045 ; tis 111 • --•-• 0 L. .• t VICINITY MAP SCALE 4 I 000' I., R A-7.4:T) • i i : PRELIMINARY , ,r,e1,141‘44) 0 • Vi..9 on, ■ : . PREPARtp FOR' micHA L owl, ER Sam 3464 Cos,' Pezanot 0.94/5 VACATION OFs r*Acr - j4, wooPLAA/D Sub., riADO/V,0...T.SZAWEV76.90ork? LOTS 4C ano'40. OZObt"/,KADIAK 4143101 ..11.450,1or.41:0M, as &fleecy-T.57z (serA/P si-rt); AND neacr 3.. 7R/IVITY /SLA/VDS u4sorwr Jermardir Ns $e-4 CRwATIN 0 / PM/ NORTNEAID 01.45 /NEISS •PAR k WITUIN KoPIAK RECORDING DISTRICT KODIAK ALASKA DRAWN SVIS,lastermsrn I DATE a, woe ••.; I ! July 3, 2006 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plat sent to us for review under your cover letter dated June 28, 2006: Case S06 -018. Request for preliminary approval of the replat of Tract C -1A, Woodland Acres Subdivision, 7th Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1 Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision, 1 Addition, and Tract B Trinity Islands Subdivision. No comment Thank you for the opportunity to comment. Sincerely, the /JD KibUdb063006.wpd Jim Devlin Engineering Manager L 6 E I \!J i 4 ;I Eli JUL 1 0 2006 f' t P UNfly DEVELOPM ENT DE R , Michael Anderson 3484 E. Rezanof Drive, Suite B Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 July 27, 2006 Re: Case S06 - 018. Request preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C -1A, Woodland Acres Subdivision, 7 Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision, 1st Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1st Addition and Tract B, Trinity Islands Subdivision. Dear Anderson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 19, 2006, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL 1. Provide a revised parking plan for lot proposed Lot 1 showing that the lot can provide the necessary area for parking and maneuvering to support the continued utilization of the existing use and structure. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all t e signat required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty - four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincere Duane or ; Acting Director Community Development Department CC: Fire Marshal Business zone. However, in this case they just want the propane distribution on a vacant lot. Provided the scale is maintained in what we perceive as the small scale distribution system and all fire and safety code requirements. This case also has a screening review included because there is a small residentially developed property on one of the adjoining lots. Staff has recommended approval of this Similar Use Determination. Should that be approved, the site related things including parking, lighting, and circulation will be reviewed under zoning compliance should they get to that stage. This request is just about the use, whether or not it is permitted in the Business zone. Staff has recommended approval with a condition that would limit the use to what is being proposed here in the specifications. COMMISSIONER CARVER MOVED to find that a small scale propane distribution facility, subject to conditions of approval, is similar in character and impact to a gasoline service station that is a permitted principal use in the B- Business zoning district, and to adopt the finding of fact contained in the staff report dated July 7, 2006 as a "Finding of Fact" for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: FINDING OF FACT: The small scale propane distribution system proposed is identical in specifications to the propane distribution facilities found on nearly all gasoline service stations as an accessory use. In order to ensure that the scale remains appropriate to the zone, the similar use determination will include a condition of approval that limits the propane facility to the site plan information submitted with this case such that any change to the layout or scale of the facility will require a new similar use determination as though it were a new use altogether. The use will be compatible with all surrounding uses provided that adequate screening is provided as approved by the Planning and Zoning Commission and provided that all applicable building, mechanical and fire safety codes are adhered to. Condition of Approval: 1. The proposed small scale distribution facility shall be developed substantially in accordance with the submitted site plan materials for this case such than any future change or expansion of the use shall require a new review before the Planning and Zoning Commission as though it were a new similar use proposal. The question was called, and it CARRIED 4 -0. B) Case S06 -018. Request preliminary approval, in accordance with KIBC 16.40, of the replat o f Tract C 1 A Woodland Acres S '7 th d ition T 4 anrd 41) Bl 1N of Tract V 1[ 1, ♦! VV41 Acres VV V uv . aYa A . a a. vaa, r a.. r . rwaa • ✓ a v var 1, Kadiak Alaska Subdivision, 1 Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park; and preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Subdivision 1 Addition and Tract B, Trinity Islands Subdivision. The location is 3400, 3450, 3472, and 3484 E. Rezanof Dr. Tract, it is zoned B- Business. July 19, 2006 P & Z Meeting Minutes Page 2 of 7 July 19, 2006 Staff indicated there were (96) public hearing notices were distributed, with (1) response in favor. This case was postponed from last month, and staff did recommended approval at that time. However, the subdivider had a concern regarding the plat note that was recommended by staff. The plat note was related to a code requirement limiting flag lots from being further subdivided. The petitioner has redesigned the subdivision widening the flag stem to a full 50 feet. Staff feels this to be adequate. Should the subdivider come forward in the future to re- subdivide Lot 4 or Lot 4 and 5, there is adequate right -of- way reserved or room in the flag stem to create a cul -de -sac or something similar. The only change was to the flag stem width. Staff recommends approval with one condition, and that is to produce a new revised parking plan for the lot that has an existing structure (formerly Mimi's) on it. COMMISSIONER WATKINS MOVED TO GRANT preliminary approval, in accordance with KIBC 16.40, of the replat of Tract C -1A, Woodland Acres Subdivision 7 Addition, Lots 4C and 4D, Block 1, Kadiak Alaska Subdivision lst Addition, and Tract B, Trinity Islands Subdivision, creating Lots 1 through 5, Northend Business Park, subject to the conditions of approval contained in the staff report dated July 7, 2006, and to adopt the fmdings in that staff report as "Findings of Fact for this case. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. Provide a revised parking plan for lot proposed Lot 1 showing that the lot can provide the necessary area for parking and maneuvering to support the continued utilization of the existing use and structure. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4 -0. COMMISSIONER KING MOVED TO GRANT preliminary approval, in accordance with KIBC 16.60, of the vacation of a 10 -foot wide electrical utility easement located on existing Lot 4D, Block 1, Kadiak Alaska Sub. 1 Addition and Tract B, Trinity Islands Sub, subject to the condition of approval contained in the staff report dated June 6, 2006, and to adopt the finding contained in the staff report as "Findings of Fact" for this case. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 4 -0. P & Z Meeting Minutes Page 3 of 7 FINDINGS OF FACT 1. The Commission finds that there is adequate easement and right -of -way available to serve area existing to serve the public's need for electrical services in this area. The question was called, and it CARRIED 4 -0. C) Case 06 -015. Request rezoning, in accordance with KIBC 17.72.030 & 17.72.030.C, of Lots 1 through 6 and Lots 20A through 24, Block 2; and Lots 1 through 8, Block 3, Island Lake Subdivision from R1- Single Family Residential to R2 -Two Family Residential. The location is 3174 through 3274 and 3217 through 3273 Ptarmigan Pass Street; 3226 through 3274 Arctic Tern Street., and it is zoned R1- Single Family Residential. Staff reported (77) public hearing notices were distributed for this case. This case was postponed from last month. At the request of the commission, staff has produced a supplemental memorandum that deals with parking issues, parking conditions, right -of- way widths, and public safety access issues. Staff has not changed its recommendation, which is to recommend that you do not forward this on to the Assembly for further consideration. However, staff has no objections to a postponement as requested by the petitioners. The primary petitioner is not here tonight and did request a postponement so they could attend the next hearing. Staff has not changed its recommendation based on the additional analysis performed. There is information regarding the parking, a letter from the Bayside Fire Chief, an aerial photo with an overlay of lot lines, and other site plan information we could locate. In addition, there is a diagram of what a borough standard cul -de -sac would look like overlayed on the existing 40 foot wide Ptarmigan Pass Street. COMMISSIONER CARVER MOVED TO POSTPONE until the August Regular meeting COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 -0. D) Case 06 -018. Womens Bay Comprehensive Plan Update. The location is Womens Bay. DVORAK stated this is the final draft of the Womens Bay Comprehensive Plan which has been several years in the process. It was completed by the former Director, Mary Ogle before she left. He did hear some comments at the packet review that indicated there may still be some placeholder information in there. He hasn't had a chance to go through and analyze the document to see if the changes were actually made as indicated in the response summary. We have distributed a copy the issue response summary to the commissioners. The issue response was developed after the last planning meeting that was held at Peterson Elementary. It addresses a lot of issues that were raised at that meeting to try to provide some context for those discussions. Recommendations were made and presumably added or deleted from the plan based on what was in that issue response as to how staff would finish up this plan. There is a lot of information to absorb, so we probably need some time for everyone to look at it. Staff recommends postponing this until the August regular meeting. July 19, 2006 CONDITIONS OF APPROVAL 1. The vacation portion of the preliminary plat shall be forwarded to the Kodiak Island Borough Assembly, which shall have final veto authority over the Commission's decision. P & Z Meeting Minutes Page 4 of 7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 LTR R LT INSRC INSRC TYPE OF INSURANCE POLICY NUMBER DATE (M M EFFECTIVE POLICY (MMIDDI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY RBS0001157 04/01/06 04/01/07 II EACH OCCURRENCE $1,000,000 X UAMAGt IU HtN1tU PREMISES(Eaoccurence) $ 500,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY n 78 n LOC PRODUCTS - COMP /OP AGG $ 2,000 000 U W p-•9 AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TJCAP118D2004TIL05 TECAP118D201605 (TX) 10/01/05 10/01/05 10/01/06 10/01/06 COMBINED (EaaccideengwGLEUMIT $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ I OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS /UMBRELLA LIABILITY 4585354 04/01/06 04/01/07 EACH OCCURRENCE $ 25 , 000,000 T1 OCCUR CLAIMS MADE AGGREGATE $25,000,000 DEDUCTIBLE RETENTION $ $ $ $ CJ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below TRJUB117D757705 TC2HUB117D756505 10/01/05 10/01/05 10/01/06 10/01/06 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE - EAEMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Subject to bid acceptance, the Certificate Holder will be included as an Additional Insured for General Liability as respects the bid for: ONE(1) PIERCE(TM) TRIPLE COMBINATION PUMPER. BID OPENS 8/1/06. ACORD. CERTIFICATE OF LIABILITY ID KV 90SHTRK PRODUCER Hays Companies of WI 1200 N. Mayfair Road Suite 100 I waukee WI 53226 6e:414 -443 -0000 Fax:414- 259 -8448 INSURED Pierce Manufacturing Inc. P O Box 2017 Appleton WI 54912 -2017 TY INSURANCE DATE (MMIDDIYYYY) 7/26/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Scottsdale Insurance Company INSURER B: Lexington Insurance Co . INSURER C: Trawlers PropCas Co ofAmerica INSURER D: The Travelers Indm Co. of Am. INSURER E: Travelera Ind. of Connecticut NAIC # 25674 25666 25682 COVERAGES CERTIFICATE HOLDER ACORD 25 (2001/08) CANCELLATION KODIAK ISLAND BOROUGH (FOR THE BAYSIDE FIRE DEPARTMENT) \modbIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK AK 99615 -6398 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION 9R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE. p c 9 Daniel J. Sapiro © ACORD CORPORATION 1988 Pie Charts Nova Javier From: Jessica Kepley Sent: Wednesday, September 06, 2006 9:21 AM To: Nova Javier Subject: Fire truck agreement to Assembly mbrs Attachments: Agreement 08.2006.doc Hi Nova: Page 1 of 1 The attached agreement was reviewed and ok -ed by AML /JIA. There were two changes that were made to the Agreement; these changes can be found in the seventh paragraph on the first page. For the final agreement the mark ups will not be shown, however we wanted all to see what changes were made. Also, we wanted the Assembly to know that the certificate of insurance requested amounts have also been reviewed and found to be ok by AML /JIA. I spoke with Steve Millea yesterday and he said that everything looked to be just fine. If there is anything else that there may be questions on, please let me know. Thanks and have a good morning! 2 o44..c , owt it "Life may not be the party we had hoped for, but while we are here, we might as well dance." 9/6/2006 OWNER - MANUFACTURER AGREEMENT Contract No. 2007- THIS AGREEMENT, made this day of , A.D., 2006, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Pierce Manufacturing, Inc., hereinafter called the Manufacturer. WITNES SETH: That the Manufacturer, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a Triple Combination Pumper [Vehicle], per the Specifications [part of the Contract Documents] for same, and for the sum Three hundred sixty -five thousand, four hundred fifty ($365,450.00) Dollars. The Manufacturer further covenants and agrees that the Vehicle shall meet the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Manufacturer further covenants and agrees that the manufacturing of said Vehicle shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein. The Agreement entered into by the acceptance of the Manufacturer's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached, including the Specifications. 1. The Agreement 2. Specifications 3. Instruction to Bidders 4. Bid Schedule 5. Bid Bond In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Manufacturer further covenants and agrees that said Vehicle shall be furnished and delivered to the satisfaction of the herein aforementioned parties, within nine [9] months. chassis at Piercc facility. It is expressly understood and agreed that in case of the failure on the part the Manufacturer for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said Vehicle before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Manufacturer, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($100) per day for each and every C: \Documents and Settings\njavier \Local Settings \Temporary Internet Files \OLK381\Agreement 08 2006.doc Page 1 of 4 calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Manufacturer of the existing causes over which said Manufacturer has no control and which must delay the delivery of said Vehicle, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said Vehicle, and in such case the Manufacturer shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Manufacturer hereby agrees to receive the prices set forth in the Proposal as full compensation for furnishing and delivering the Vehicle as specified under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Manufacturer shall not assign this Agreement, nor any part thereof or any right to any of the monies to be paid him hereunder. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Pierce Manufacturing, Inc., has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH MANUFACTURER By By Rick L. Gifford Borough Manager By Attest: Charles E. Cassidy Engineering/Facilities Director By Nova M. Javier, CMC Borough Clerk Title: C: \Documents and Settings\njavier\Local Settings \Temporary Internet Files \OLK381\Agreement 08 2006.doc Page 2 of 4 Insurance Manufacturer's Liability: INSURANCE SPECIFICATIONS Contract No. 2007 — The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: The Manufacturer shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Manufacturer allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Manufacturer shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Manufacturer's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Compensation: The Manufacturer shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement. a) The Manufacturer shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. b) Vehicle or Automobile Liability and Property Damage Insurance. Limits coverage to be in the same amounts specified in a) above. The Manufacturer shall furnish certificates issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. The cancellation section of the insurance certificate will reflect that should any of the described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail thirty [30] days written notice to the Certificate Holder (Kodiak Island Borough), but failure to do so shall not impose no obligation or liability of any kind upon the insurer, its agents or representatives. Additional Insured: The Kodiak Island Borough will be included as an additional insured under Pierce Manufacturing, Inc.'s Blanket Additional Insured Endorsements for general liability and auto liability subject to the policy terms, forms, conditions, and exclusions. Indemnification: To the fullest extent permitted by law, agrees to defend, C:\Documents and Settings\njavier\Local Settings \Temporary Internet Files \OLK381 \Agreement 08 2006.doc Page 3 of 4 indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. C: \Documents and Settings\njavier\Local Settings \Temporary Internet Files \OLK381\Agreement 08 2006.doc Page 4 of 4 C. Approval of Agenda Minutes Architectural/Engineering Review Board 24 May 2006 6:OOpm MB Assembly Chambers A. Call to Order The meeting was called to order by the Chair at 6:02 pm. B. Roll Call ARB Members present were Scott Arndt, Jerrol Friend, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District was Robert Tucker. It was moved and seconded to approve the Agenda as amended, adding discussion re pool filtration following the interviews. There was a unanimous affirmative roll call vote. D. Presentation/Interview — Porath Tatom — Proposer, RFP#1 for Various Seismic/Bond Projects on Borough Hill The Chair welcomed the group from Porath Tatom and Bill Tatom, Project Principal in Charge introduced his team members: Dennis Berry, SE, BBFM, Walt Bulloch, Project Architect and Vice President of Porath Tatom and Paul Baril, Technical Assistant from Porath Tatom. B. Tatom reviewed the firm's qualifications noting that P/T is a small firm, approachable and with longtime experience working together on small projects as well as projects up to $14 million. A small firm allows for multi tasking — stem team is cooperative and responsive. P/T has constructed many schools. Mr. Tatom reviewed the Scope of Work indicating that seismic upgrades were the priority — looking at multiple projects to be accomplished over the next 3+ years. He emphasized vocational training as being very important. Key Concerns:Establishing programs and solutions Validating cost estimates Prioritization and budget control Construction bid timing Weil thought out phasing Dennis Berry continued the presentation speaking to the seismic issues. BBFM would handle the structural side of the Project. He reviewed past projects in Kodiak, reviewed seismic upgrade projects noting that the team had experience understanding, evaluating \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 24 May 2006.doc Page 1 of 4 BOROUGH CLERK'S OFFICE and completing seismic upgrades. He noted the key to seismic design/upgrade is accurate detailing and analysis and that building behavior needs to be coordinated w/ architectural /mechanical /electrical engineers. B. Tatom continued, saying D. Berry is a top notch structural engineer in the State of Alaska. He reviewed similarly scoped projects. He noted that the team had become very familiar with the existing Building Code. His team used design rendering 3 -D software — allows Owner to really "see" how a design will look. He continued with a review of additions /renovations projects — involving multiple projects — required good phasing approach. He noted that theirs is a versatile office — working on a variety of projects has allowed for the development of varied expertise. His firm is uniquely qualified in rehabilitation of special ed facilities. Integration of mechanical and electrical engineering will be important in this project. S. Arndt thanked the group for their presentation and moved to the question and answer phase. E. Presentation/Interview — Jensen Yorba Lott Inc. — Proposer, RFP#1 for Various Seismic/Bond Projects on Borough Hill The next interview group was Jensen Yorba Lott Inc. Tony Yorba introduced Chris Gianotti, Senior Engineer /Principal from PND Incorporated. He began by saying that they are "coastal engineers" and have worked on 69 school projects over the last five years. He reviewed the projects — joint use projects, vocational /technical projects and vocational facilities. He showed a list of other team members — multi disciplinary, included a life cycle costs specialist and an energy engineer. They are experts at distance delivery. Chris Gianotti will lead the seismic engineering aspect of the Project. C. Gianotti reviewed project status and goals — said they would do additional analysis and look for alternative solutions [to seismic upgrade issues]. He said it was his experience that a successful project is in the "details, details, details ". His overall goal would be for better seismic performance and life safety at a reasonable cost. T. Yorba continued the presentation. He reviewed renovation process methodology: confirm conditions, identify financing, prioritize improvements, seek grant agency approval, manage construction documents and manage construction to "move in" [completion]. T. Yorba concluded by recommending a uniform upgraded appearance to all buildings — curb appeal; noted this firms' strong relationship with DEED and their history was one of being on time, under budget and having minimal change orders. They are experts in coastal design, most experienced, most predictable outcome, most reliable service. He thanked the Board for its time. Questions and answers. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 24 May 2006.doc Page 2 of 4 A recess was called at 10:00 pm and the meeting was reconvened at 10:10 pm. Discussion: R. Tucker said that he felt Yorba gave a good presentation and that he had worked with him before. J. Johnston rated Yorba and USKH as 1st and 2nd [ "actually pretty even "] Porath Tatom 3rd. G. Hacker ranked them in order — Yorba, USKH, AA C. Jerling ranked them in order — Yorba, USKH, AA J. Friend ranked them in order — Yorba, USKH, Porath Tatom B. Watkins ranked them in order — Yorba, USKH, Porath Tatom K. Smith ranked them in order — USKH, Yorba, AA B. Cassidy ranked them in order — Yorba, USKH, AA S. Arndt ranked them in order — Yorba, USKH J. Friend moved that the ARB recommend Jensen Yorba Lott Inc. as the Board's first choice and USKH as the second choice. R. Oswalt seconded the motion. There was a unanimous roll call vote. J. Johnston commented that he would like to see the negotiations conducted with attention to "details ". F. Pool Filtration R. Tucker said that the UV unit would cost approximately $25,000 - $30,000 and could be easily installed. The electrical requirements were 50 amps or more and he was waiting for additional information on this aspect. R. Oswalt said that using UV with saline is a good arrangement. It would limit the amount of chlorine in the water and the UV would help eliminate the gases in the air. He wants to upgrade to this system. R. Tucker said he was in favor of the UV system, but regarding saline — his contact person was not comfortable with using saline in a school environment — it does not have recovery capabilities [density of use]. J. Johnston asked R. Tucker to speak with the person who runs the Juneau pool — he has indicated no problems with the saline system. He also suggested speaking with the salesperson who \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 24 May 2006.doc Page 3 of 4 handles the products and he had a list of pools in Alaska which use the system that he would like to pass to Tuck. R. Oswalt said that more research was needed ASAP before taking this issue to the Assembly. S. Arndt said that the Board needs to be able to give cost information to the Assembly and asked R. Tucker to talk with the contacts on J. Johnston's list. G. Board Member Comments Jay commented that the process [of interviewing for projects] was getting lengthy. Perhaps one architectural firm should be hired to accomplish all the projects. S. Arndt responded that the firm selected this evening will be handling several projects over a multi year time period. He noted that there is a lot happening at the moment, but foresees activity slowing down soon. K. Smith said there was one more RFP to put out for Seismic upgrades - Peterson and Ouzinkie schools. B. Cassidy said that the Fish & Game Building would be next and information on that would be provided at the next meeting. C. Jerling asked if the stock questions asked of the interviewees could be revised - would like to see some new questions used next time. R. Oswalt said he felt it had been a good meeting and he would like to see the information on the pool filtration systems as soon as possible - it could be a quick and easy fix [for the existing pool]. H. Adjournment The meeting was adjourned at 10:45 pm. Respectfully submitted: AllWi j Sharon Lea � � �' Secretary KIB Engineering/Facilities Dept. 41- 1 v7/ /7- r Scott Arndt, Chair Cy placed in RFP #1 File Architectural /Engineering Review Board Date: \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 24 May 2006.doc Page 4 of 4 Date: R - - 2. 00. C. Approval of Agenda D. Approval of Minutes Minutes Architectural/Engineering Review Board Meetin and Public Presentation 31 May 2006 - 6:OOpm MB Assembly Chambers A. Call to Order The meeting was called to order by the Chair at 6:05 pm. B. Roll Call E. Presentation of 35% Pool Schematic Design/Budget \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 1 of 8 RECEOVE W AUG - 2 2006 BOROUGH CLERK'S OFFICE ARB Members present were Scott Arndt, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Jerrol Friend. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. It was moved and seconded that the Minutes of 23 May 2006 be approved as submitted. There was a unanimous affirmative voice vote. S. Arndt turned the meeting over to Terry Hyer for presentation of the 35% schematic design and 35% cost estimate for the new pool. Terry introduced the other members of his team: Jae Shin, ECl/Hyer, Project Manager and Project Architect, Boyd Morgenthaler, Principal Mechanical Engineer and Mark Langberg, Senior Mechanical Engineer, both of AMC Engineers. T. Hyer explained the steps in the process [for the design] beginning with a preliminary schematic design and initial cost estimates. The next set of drawings will become more defined and costs will be refined. Construction documents would then be generated — these are drawings that could be used by a contractor for bidding purposes. T. Hyer turned the presentation over to Jae Shin. J. Shin began by going through the amenities of the pool — the Program Summary. He reviewed the Site Plan, the main level floor plan, aerial views of the pool, outside materials, natatorium wall assembly and the details of the interior of the building. The next set of slides on his power point presentation showed the different types of pool construction — concrete, both cast in place and pneumatically applied, and stainless steel panels covered with PVC lining and mounted to a concrete foundation and side walls. B. Morgenthaler reviewed briefly the various systems included in the design. J. Shin described various types of entries into a pool — "ramping in" or stairs. T. Hyer continued — noting that although we are facing unique economic situations, the initial concept of this pool has been to "design to the program ". What is being submitted is designed to be an attractive facility, durable, form coupled with function - a pragmatic approach. He indicated that the next step, given the economics — significant escalation — would be to identify potential funding sources. F. Public Hearing Comment re a concrete pool — it's a sure thing Question re depth of teaching pool — if it is too shallow the area is not useful for teaching, but can't be too deep for beginning swimmers. It was suggested that a ramp instead of stairs be used for pool entry. Jim Willis of the CG pool said that no one uses the ramp at the CG pool and that -0- depth is a waste of space — 1 1/2' — 3' is a good entry depth range. D. Horne suggested that some sort of mechanism is needed for handicapped entry if there is no ramp — possibly there is funding for pool apparatus to assist wheelchair bound swimmers. He also commented on the spectator seating — he said you cannot have [potentially] 250 people on the deck. He suggested reworking the spectator seating. T. Hyer suggested the possibility of "lifting" the bleachers and questioned the need for 250 seats. It was suggested that the bleachers did not need to run to the end of the pool area — down past the deep /diving board end — visibility wouldn't be good and it was not a good use of space. J. Shin said there are various types of retractable bleachers — some with guards along the front row and the team would investigate. D. Horne reiterated that spectators should not be on the deck. P. Branson of the Senior Center strongly emphasized the need for safety and accessibility. She also commented on the use of lifts — it is very difficult for one person to move a swimmer from a wheel chair onto a lift. Question re the savings gained by removing public bathrooms and family changing rooms. Mr. Hyer stated that the savings would not be significant. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 2 of 8 Mayor Selby complimented Terry Hyer and his team on the design effort thus far. He encouraged the ARB to focus on the technicalities and to continue working on refining the numbers. He said that he is seeing $3.6M of "fuzzy" costs — wants to see more solid numbers so that the Assembly knows what is needed when investigating additional funding. Sue Jeffrey said that she would not like to see any of the windows removed [to cut cost]. P. Branson encouraged the group to not cut back, to go after the required funding and suggested the Rassmussen Foundation as a possible source. She noted that the Foundation would look at the voter approved Bond as a commitment by the community to this Project. A comment was made by one of the audience members that, as a taxpayer, they would prefer a concrete pool and did not want another "box ". The Chair closed Public Hearing. He said that he would like to go back to the beginning of the Presentation and go through some of the technical aspects. He questioned the height of the ceiling — the response was that it is a State mandated spec — and he went onto state that he was not in favor of any other kind of pool except concrete. T. Hyer responded saying that the pool consultant prefers concrete, but being driven by budget concerns, the stainless steel pool presented an opportunity for cost savings. J. Johnston said that he was in favor of a concrete pool. He would like the design to stay based on the Program. He would like to see the cost figures fine tuned and then let the Assembly deal with the financing issues. R. Oswalt noted that he was uncomfortable with electrolysis and he thought if the PVC liner [over the stainless steel panels] was used we would be patching up holes in 4 -5 years. G. Hacker was interested in knowing what kind of gutter system was available with a concrete pool. C. Jerling suggested a change in the configuration — placing spectators at a mezzanine level. J. Shin said that a mezzanine level had been considered, but with that arrangement there then would have to be two sets of stairs and an elevator [to satisfy code]. R. Oswalt questioned using a crown roof. J. Shin responded: the roof is designed with a gradual slope. This kind of a slope allows for energy efficiency and also is a safety feature. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 3 of 8 S. Arndt entertained a motion for a cast in place concrete pool. B. Watkins made the motion and it was seconded by R. Oswalt. B. Morgenthaler said that he felt it should be concrete but not necessarily CIP — could be shot rocked. J. Johnston asked if the vote could be simply on a concrete pool and not more particularly specified at this point. There was a roll call vote on a concrete pool being recommended. The roll call vote was unanimous. The Chair questioned the seismic factor of the building — was the building being considered essential. K. Smith noted the different factors involved in selecting a seismic level — 1.25 [A -4] would be appropriate for this kind of building. 1.50 is used for buildings such as hospitals, fire departments, police departments. S. Arndt questioned gutter drain systems. J. Johnston said that a rollout gutter system is what is preferred for competitive swimmers — that the design in place — 5 "high — less than typical for competitive swimmers — is a good compromise for both competitive and recreational swimmers. B. Watkins questioned the dimension [height] on the rollout gutter and asked if there was a gutter system made with a removable edge — his concern is that the pool be designed for all groups and not just for a select group. G. Hacker approved of a rollout gutter system. T. Hyer noted that a level gutter system allows a lot of water to get on the deck. A motion was made by R. Oswalt and seconded by B. Watkins to use a rollout gutter system, but with more details to follow [further research by design team]. There was a unanimous affirmative voice vote. S. Arndt questioned the wall assembly shown at the beginning of the Presentation. He felt it was too labor intensive and suggested foam panels. J. Shin said metal sandwiched foam wall systems tended to fail at certain points. T. Hyer spoke to the vulnerability of other systems. J. Shin said that pre engineered composite panels had been priced and the shipping costs were incredible. K. Smith said that the handling of those kinds of panels was a problem — damage was to be expected in shipping and handling so that necessitated ordering an extra number of panels to make sure there were enough to do the job. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 4 of 8 T. Hyer spoke to the thermal issue of other wall systems — other than the one designed. J. Shin added that an additional plus with the system designed was that plumbers and electricians could work simultaneously — while this system was being installed. S. Arndt said that he did not like cedar on the inside. J. Shin said that the wood added warmth and texture, that cedar is a common application and would not be dark because the pool will have a lot of light coming in. There is no maintenance for this material and a natural finish could be used — the wood would fade to a lighter color. T. Hyer noted that the team could look for other materials. He also noted that the cedar will add an acoustical baffle for the interior. R. Oswalt questioned the use of bleached cedar. J. Shin said that the cedar could be pretreated — stained grey. J. Johnston said he thought the cedar walls would become stained and that he was not sold on this material being a good long term solution. S. Arndt said that he would be interested in other options — something durable that would wear well and require low maintenance. B. Watkins questioned the heating duct system. Asked if the ducts could tie into a , durable panel and cover the lower 4' of wall below the cedar. B. Morgenthaler didn't know of such a product — it might have to be architecturally fabricated. He noted that this was only the preliminary 35% schematic design phase — the next phase is where getting more into the details occurs. There was a 10 minute break. The Chair reconvened the meeting at 9:30 pm. S. Arndt questioned the hardiplank exterior. He said that at Northstar Elementary where this material has been used there were problems with paint peeling and the material losing its integrity. He would encourage other options. S. Arndt went on to talk about the list of reductions /changes that had been presented earlier — in an effort to reduce the cost — and that he did not want to see any reductions — they would change the whole programmatic thrust of the Project. He wanted to stick with what we have [in the Program Summary]. Discussion followed with R. Oswalt agreeing with S. Arndt's position. J. Johnston agreed — did not want to reduce — actually maybe widen the building — rework the spectator area. He does not want spectators on the deck. Suggests shortening the bleacher arrangement — \\ dove \Departments \EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 5 of 8 and the seating at the end of the building is not viable. He said that it is important to keep the spectators off the deck and design to allow the coaches to be able to move up and down both sides of the pool. S. Arndt questioned what was separating the lanes between the main part of the pool and the teaching pool. Response: stem wall. Perhaps a bridge could be added. R. Oswalt wants the building to be 10' wider — thought that a lot could be gained by that enlargement — a larger wall between the two pool areas, assist the spectator issue and allow more room in the entranceway. T. Hyer questioned how adding to the square footage of the building would fit into the Ed Specs. There followed discussion re placement of bleachers and shallow pool access and depth — T. Hyer to speak w /pool consultants on these issues. Discussion re filtration systems. J. Johnston suggested that the pressure system w /sand tanks, as is in the existing pool, be used. Discussion re water treatment. R. Oswalt suggested UV and saline. B. Morgenthaler said that the UV system would reduce chlorine by 80 %. The electricity cost is unknown but he will check on that. J. Johnston would like to know the operating costs. The consensus of the Board was in favor of the UV system. R. Oswalt said he wanted a saline system installed in the existing pool and then moved to the new pool when constructed. B. Morgenthaler said he was in agreement with the saline system but would like to gather more information. Discussion re ventilation system. B. Morgenthaler explained the heating/ventilating system. J. Johnston asked if heat recovery was included in the system and B. Morgenthaler answered no — and that this was an issue he would like to take a hard look at. J. Johnston questioned the efficiency and reliability of the new building being tied into the boiler system at the high school. B. Morgenthaler affirmed the existing system. S. Arndt said he wanted to see a cost analysis between trying into the existing boiler system and putting a new boiler system in the new stand alone building. At 9:45 pm B. Morgenthaler and M. Langberg left the meeting to return to Anchorage. S. Arndt began a review of the proposed reductions offered in the presentation. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 6 of 8 All of the reduction options were negated by the Chair w /agreement from the Members. The only exception had to do with parking lot costs and that information [from the Community Development Department] has not yet been received. S. Arndt said that he would like the team to run an operations budget — electricity, fuel, etc. T. Hyer said that he appreciated the challenge and suggested that the team keep going — to design drawings and the next level of cost estimate. S. Arndt said that he wanted updated costs and that he was still not happy with the site. J. Shin questioned if what was discussed and agreed to at this meeting be included in the next design schematics and cost estimates. S. Arndt responded yes. G. Hacker said that information regarding the increase in square footage and how it fits into the Ed Specs needs to be looked at. J. Johnston asked where the architects were in terms of their scope of work. T. Hyer noted that they had completed their scope with the presentation of the 35% schematic design and 35% cost estimate, but he was willing to continue. He said that it would cost between $5000 -7000 to have another cost estimate prepared based on the changes from this meeting. G. Recommendation Skipped. H. Board Comments B. Watkins. None J. Johnston. Noted that although costs had been added, he felt the program had been improved and that it is important to continue to stick with the program. C. Jerling. He complimented the design team on their efforts and felt they had gone well beyond the 35% level. He urged the project forward. G. Hacker. He agreed with J. Johnston's comments. R. Oswalt. He agreed with J. Johnston's comments. S. Arndt. Said that we are going to live with this building for 50 -60 years and we want to do it right or not do it at all. Emphasis needs to be on the program, longevity and suitability for all the community. \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 7 of 8 I. Adjournment The meeting was adjourned at 9:32 pm. Respect y , ubmi 0!/ 'fr- - Date: Sharon Lea A s in • , Project Assistant. KIB Engineering/Facilities Dept. Scott Arndt, Chair Architectural /Engineering Review Board Cy placed in Pool File \\ dove \Departments\EF\Architectural Review Board\Minutes ARB 31 May 2006.doc Page 8 of 8 Date: 0 - - oZDp,6 C. Approval of Agenda D. Approval of Minutes F. Discussion re RFP #2 Minutes ArchitecturallEngineering Review Board Meeting 26 July 2006 - 5:30pm KFRC Conference Room A. Call to Order The meeting was called to order by the Chair at 5:30 pm. B. Roll Call ARB Members present were Scott Arndt, Gregg Hacker, Charlie Jerling, Jay Johnston, Reed Oswalt and Brent Watkins. Absent Member was Jerrol Friend. Representing the KIB Engineering and Facilities Department were Bud Cassidy, Ken Smith and Sharon Lea Adinolfi. Representing the School District was Bob Tucker It was moved and seconded to approve the Agenda. There was a unanimous affirmative roll call vote. It was moved and seconded that the Minutes of 24 and 31 May 2006 be approved as submitted. There was a unanimous affirmative voice vote. E. Distribution of Proposals for New ADF &G Building B. Cassidy gave a brief history of the Project: $1 5 million from the State Legislature initially and an additional $500,000 this Legislative Session. An RFP was advertised for the Site Selection and Design of a new ADF &G Building. He noted that the site has not yet been determined, but there are two sites being considered — both on Near Island. He asked the Board Members to review the Proposals submitted. The consensus of the Board was to schedule a meeting to review their scoring of the Proposals on 8 August 2006 — select a "short list" to interview. The interview schedule was set for 29 and 30 August 2006. B. Cassidy advised the Board that RFP #2 [Peterson Elementary School Seismic Upgrade, Ouzinkie and Old Harbor Schools VocEd Gym Repair and Remodel and Larsen Bay Floor Repair] would have to follow the normal process for soliciting Proposals — it is a State DEED requirement for the Bond Projects. K. Smith suggested that the process could be shortened by making a selection based solely on a review of Proposals. It is likely that firms submitting Proposals will be firms that have previously been interviewed by the ARB. \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2006\Minutes ARB 26 July 2006.doc Page 1 of 2 Discussions Not on Agenda S. Arndt asked B. Cassidy for an update on the Pool Project. Bud said that the Assembly is looking at options to help fund the Project — a new Bond in October, the Facilities Fund and other options that might be available. J. Johnston questioned the status of upgrades to the existing pool. B. Cassidy said that Ken Smith is arranging with BBFM to have a structural engineer inspect the problem areas at the existing pool and to issue a report. Findings in that report — if the structural integrity is adequate — will dictate whether or not to go forward with upgrades. Tuck said that he has gathered information from pool operators and product distributors re saline and UV systems. Information he has gathered indicates that one system or the other will work — saline with backup puck system, UV with chlorine. The saline system appears to be the preferred and adding a UV system would not be necessary. He said the saline system will, in the long run, be a cost saver. The system will fit in the existing pool and would be transferable to the new pool. His recommendation is that a saline system and a new air handler system be the priorities in an upgrade. S. Arndt added that a new roof is needed. J. Johnston concurred with Tuck's recommendation. G. Public Comments None. H. Board Comments None. I. Adjournment The meeting was adjourned at 5:54 pm. Respectfully submitted: Sharon Lea 1 fi, Proje t Assistant KIB Engineering/Facilities Dept. e,.,, ++ e ,..,,lr (lair V VVVV t L 114 a�, ( i16LLa Architectural /Engineering Review Board Cy placed in ADF &G File Date: \\ dove \Departments\EF\Architectural Review Board\ARB Minutes 2006\Minutes ARB 26 July 2006.doc Page 1 of 2 AUG - 9 2006 BOROUGH CLERK'S OFFICE Date: .8- 8-06 ' 0 6- CALL TO ORDER: CHAIR S. ARNDT, called the meeting to order at 7:30 p.m. ROLL CALL: Present: Scott Arndt, Chair Cliff Davidson Andrew DeVries Mike Dolph Greg Spalinger, Vice Chair APPROVAL OF MINUTES: FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING MINUTES JUNE 21, 2006 @ 7:30 P.M. BAYSIDE FIRE HALL Absent: Staff: Chief Bob Himes, Ex- Officio Jessica Kepley, E/F - 0)ECIEllYE i i AUG 1 6 2006 BOROUGH CLERK'S OFFICE A quorum was established. Bruce McNeil was also present. ACCEPTANCE OF AGENDA: It was MOVED, G. SPALINGER, and SECONDED, M. DOLPH to accept the agenda as presented. The motion CARRIED unanimously. FINANCIAL REPORT: It was MOVED, G. SPALINGER, and SECONDED, A. DEVRIES to acknowledge receipt of the Financial report. The motion CARRIED unanimously. It was MOVED, G. SPALINGER, and SECONDED, A. DEVRIES to accept the regular meeting minutes of May 16 and the special meeting minutes of June 2, as they were presented to the Board. Minor corrections were made and the motion CARRIED unanimously. Minutes of Mav 16, 2006 were corrected to include the consensus of the Board based on previous meeting minutes of April 18, 2006, stating Board members S. Arndt, C. Davidson and G. Spalinger asked that specifications for the new fire apparatus possibly include 4WD. VISITOR'S COMMENTS: None. OLD $US�IN A. Engine Specs/Bid Package CHIEF HIlVIES informed the Board that he had addressed the price inquiries of the 'Board. The price for the thermal imaging system for the new truck, including the camera, was quoted:at$10,889. Clearance for the 4WD Fire Engine is 24" and the turning radius is 3' wider than the 2WD apparatus, at 32'. PTO generator will not be able to be installed due to interference with the pump generator. The cost runs between $14,000- 16,700. Discussion re power drainage of the electrical system was held. B. HIMES reported that the volunteers were unanimous that the color of the new rig be Lime Green. He proceeded to outline the changes made to the specifications, notifying the Board that there would be approximately a $20,000 increase to upgrade the new vehicle to a 4WD. C. DAVIDSON brought to the Board's attention his feelings on purchasing a 4WD apparatus for the Department. He focused on the amount of times that 4WD is used during calls and the actual need or benefits of purchasing a 4WD engine. B. McNEIL told the Board that he was concerned that 4WD does not necessarily help during winter driving conditions such as icy roads, and he is concerned that with a 4WD engine they would be losing turning radius. A. DEVRIES told the Board that there would be additional cost for the new vehicle because there are new emission standards that must be met and these are running approx. $15- 20,000 more. Further discussion was held regarding the benefits and consequences of putting only one bid package out requesting a 4WD apparatus. There were mixed feelings on the purchase of either vehicle, 4WD vs. 2WD. S. ARNDT asked for a motion from the Board to proceed. It was MOVED, M. DOLPH, and SECONDED, G. SPALINGER to send the specifications forward to the Borough requesting bids for a 4WD Fire Engine. C. DAVIDSON, MOVED to amend the motion to purchase a 2WD vehicle. It was SECONDED for discussion by M. DOLPH. Board members continued discussion regarding the purchase of a 4WD vs. a 2WD Fire Engine, determining what the pros and cons of each were, and voicing concerns of potential problems of both and the financial status of the Board to be able to accommodate purchasing either of the vehicles in question. M. DOPLH asked the Board to ensure that they stay within their financial means when making the purchase. After further review and discussion a roll call vote was called to approve or disapprove the amended motion by C. DAVIDSON. The motion FAILED, with a 3 -2 vote to stay with the original motion to put out bid packages to r •r purchase a 4wv Fire Engine. The Board concurred that at the time of negotiations, if they felt a 2WD would be more beneficial, they would work on bringing down the specs to fit such a vehicle. B. Training Building Use Agreement No update at this time. C. Cossette Property Lease No update at this time. However, S. ARNDT did notify the Board that R &M Consultants were scheduled to perform the design and survey work for the leased property, which would delineate where the easement comes through the property. He would like to bring the option to do this back to the Board at a future time. D. Burn Building Stipends B. HIMES asked for clarification from the Board on the dispersal of gift certificates to the volunteers who helped with the pouring of the foundation. He was told by Finance that the issuance of monetary rewards must come through direct stipends, not through gift certificates. The original idea of the gift certificates to be awarded were specifically to be given to volunteers. He asked for clarification on Board members and spouses who also assisted with the foundation. S. ARNDT told HIMES the names of those that assisted with the foundation and asked for a motion to present the stipends to these individuals. C. DAVIDSON, MOVED and A. DEVRIES, SECONDED the motion to provide $100 stipends to the 5 individuals who helped on setting the foundation for the Burn Building. The motion PASSED, unanimously. The individuals who would be receiving these stipends are: Doug Mathers, Greg Spalinger, Nancy Arndt, Yvonne Arndt, and Scott Arndt. CHIEF'S REPORT CHIEF HIMES reported the Officer's new pagers had been programmed. The Holmatro tool shipment would be delayed two weeks, due to the heavy demand of their products. The City of Kodiak was implementing the new digital communications (paging) system the second week of July. BFD, WBFD, Chiniak and the Hospital will all still be using the older system, but would be tied into the new system as well. There maybe a possible service fee for those entities outside of the City program. At the Fire Expo there was a new manufacturer of turnouts. Delivery of new turnouts is approximately 6 -8 months at present. The new distributor has comparable product to the other distributors. cNTRF NTR/TFQ w ill ha rn anr la July 17_22th Attended the Avian Flu seminar, washing hands is essential to ward off the Flu. It is reported that Canada has seen recent outbreaks of the Avian Flu. A packet for disaster preparation will be available. 52 Calls YTD for Bayside: 9 Structure 3 Dumpster 2 Wildland 2 MVAs 2 Car fires 12 False alarms 2 Hazmat 3 Other One volunteer from the Department will go out on evenings to address the maintenance of hydrants throughout the District. Questioned what the Board wanted to do with the old copier. Volunteers are interested if it is available to them. Discussion occurred regarding the new communications system. Inner - operability is within the present system, all entities can communicate together. On the new system communication will be limited between entities. However, H v ES reported this new system is a statewide issuance. NEW BUSINESS: None. VISITOR'S COMMENTS: None. BOARD COMMENTS: S. Arndt. None. A. DeVries. Appreciates the involvement from the volunteers re the color of the new engine. He is presently split on the decision to go for a 2WD vs. 4WD. He felt the last fire proved the point that a thermal imaging camera would be beneficial for the Department. He would like to see any excess monies used in the purchase of the new vehicle to go toward necessary fire accessories. He feels adamant about using the new technology available to get people in and out of dangerous situations with an adequate amount of safety. M. Dolph. None. G. Spalinger. None. C. Davidson. Agreed with A. DEVRIES re the availability of new technology and getting the means to be able to use it. MEETING SCHEDULE: Tentative meetings scheduled are as follows: July 18 (Scratched at 6/21 mtg) and August 9, 2006 at 7:30 p.m. ADJOURNMENT: It was MOVED, C. DAVIDSON, and SECONDED, M. DOLPH, to adjourn the meeting. The motion CARRIED unanimously and the meeting adjourned at 9:25 p.m. SUBMITTED BY: 11 gie /ple Secretary r : Engineering / Facilities Department APPROVED BY: S c Scott Arndt, Chair Fire Protection Area No. 1 Board Date: R -73 a 06 Committee Members Present Absent Excused Others Present Hans Tschersich X Duane Dvorak Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck - Chair X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Vacant Wayne Biessel X Ian Fulp X Barbara Williams X Roy Brown X Scott Arndt X Jordan Rodgers X KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITT REGULAR MEETING -JULY 11, 20 MINUTES CALL TO ORDER The regular meeting of the. Parks & Recreation Committee was called to order at 7:05 p.m. by CHAIR SIROFCHUCK on July 11, 2006 in the Borough Conference Room. 0 6 ECEIIVE JUL 2 8 2006 D BOROUGH CLERK'S OFFICE A quorum was established. Scott Arndt joined the meeting at 7:20 p.m. APPROVAL OF AGENDA COMMITTEE MEMBER SCHROEDER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 5 -0. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER FOSTER MOVED TO APPROVE the minutes of May 9th, May 23` June 13 and June 27, 2006. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED 5 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS OLD BUSINESS A. Recreational Amenities Draft Ordinance. DVORAK stated he believed the idea was the documents were to be amended and distributed after the June meeting, so that at the next quorum meeting the committee could take action and forward a July 11, 2006 Parks & Recreation Page 1 of 4 Minutes recommendation. He believes the draft ordinance is in final form unless there are further amendments to be done before we forward it. COMMITTEE MEMBER SALTONSTALL stated the main changes came about at the joint Planning & Zoning /Paris & Rec meeting. Ogle then made further changes and brought it to our meeting that lacked a quorum, so the meeting was turned into a worksession which we then discussed and fine tuned. COMMITTEE MEMBER FOSTER expressed strong concern about taking a meeting lacking in quorum, and then turning it into a worksession to make changes that affect everything. When we had this originally it was part,of the committee that had a quorum established; now this has changed because of a non quorum meeting or worksession. COMMITTEE MEMBER SALTONSTALL stated there has been only one new reiteration since that joint worksession. We discussed what changes occurred on June 27 but didn't make any further changes. The meeting lacking in quorum that we turned into a worksession, Ogle wasn't even there. Ogle was at the joint meeting, and then she took it back to rewrite it. Since then we have not had a quorum to formally review it. The committee then discussed the draft ordinance, the changes made, and how it will tie into the Comp Plan. COMMITTEE MEMBER SALTONSTALL MOVED TO FORWARD the Recreational Amenities Draft Ordinance to the Planning & Zoning. COMMITTEE MEMBER HUNTLEY SECONDED the motion, and it CARRIED 5 -0. B. Comments for Comprehensive Plan. The committee discussed the plan. Dvorak stated if you want to see the Comprehensive Plan become the policy document that supports decisions of where you think the community should go or things the community should be doing then you should set some priorities from this broad spectrum, and decide what the real important objectives are to achieve over the next 20 year timeframe. COMMITTEE MEMBER SCHROEDER is concerned that it is not going to be described to the level that it needs to be to preserve some of the access to the rivers, mountains, trails, and other recreational areas. DVORAK stated the idea is to create a universal policy document that will be the guiding policy for future step down plans and that may be where you get more specific. CHAIR SIROFCHUCK asked Duane to remind the Comp Plan consultants to pay close attention to the trail survey and the public's information about maintaining rivers, trails, and beaches. Because we feel this should be a major part of the plan, we would like to see it as specific as possible, but at least the elements and public desires expressed in the plan. DVORAK said if the committee feels there are areas that need to be acquired by the public, that those should be listed and prioritized for acquisition as part of the Borough's land management program. CHAIR SIROFCHUCK requested this item to be on the next agenda. July 11, 2006 Parks & Recreation Page 2 of 4 Minutes C. Approval of Draft language for joint agreement of use and operations of urban recreation facilities. DVORAK stated that Baranof Park's field is used as part of school activities, yet it is a City facility. That is why it is a three part agreement. COMMITTEE MEMBER SALTONSTALL MOVED TO RECOMMEND to pass this on to the relevant bodies, and recommend a longer agreement, possibly three years. COMMITTEE MEMBER SCHROEDER SECONDED the motion, and it CARRIED 5- 0. D. Kodiak National Trails Day Update. CHAIR SIROFCHUCK reported there was a 1 '/2 day workshop with Lisa Holzapfel, Wayne Biessel, and Kevin Myers. The classroom session was on Friday night and a morning session on trail construction. They will learn enough to be given a trail design and be able to follow and understand the instructions. Saturday they started to work on a trail based on the standards and principles they learned about, and on Sunday the trail was completed. E. ATV Park. After a discussion, most members liked the idea of an ATV park, but it was the general consensus the committee is opposed to an ATV park in Salonie Creek. COMMITTEE MEMBER SALTONSTALL MOVED TO OPPOSE the creation of an ATV park in Salonie Creek. COMMITTEE MEMBER SCHROEDER SECONDED the motion. More discussion of an ATV park. The question was called, and it CARRIED 5 -0. NEW BUSINESS A. Necessity of a campground. After a brief discussion, it was the committee wish to carry this over to the next meeting. COMMUNICATIONS DVORAK stated due to Mary Ogle departure, he is the Acting Director until another director is hired. He requested they change the contact email address to his. He stressed that communication is the key, and he really needs feedback to keep him in the loop. He also said Sheila Smith, the department Secretary was taking leave and would be gone for two months. REPORTS A. Meeting Schedule: July 25, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. August 8, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. CHAIR SIROFCHUCK stated he will not be here for the next two meetings and asks to be excused. AUDIENCE COMMENTS There were no audience comments. July 11, 2006 Parks & Recreation Page 3 of 4 Minutes COMMITTEE MEMBERS' COMMENTS Andy Schroeder stated as the newest member to the committee he is curious about what is next. What will they do in the interim, how can they be most effective, and if we find the Comp Plan isn't going to be as specific as we like, is it time to look at a trails plan and launching into it and releasing it to get it approved at the same time as the Comp Plan. We could be working on both at the same time and all the issues would be discussed. Next, our contract with the Rivers, Trails and Conservation Assistance is coming to an end. We have until August 1 to ask for assistance again, it just has to be a different reason for needing assistance than the first time. Maybe we could get another two years assistance from them. My final comment is let's fill the vacant seats Mike Sirofchuck asked if we had asked them to help with the Trails Plan the first time. Duane Dvorak stated that was done when Michelle Stearns was here. We received technical assistance with GPS and GIS. In addition, they took GPS & GIS coordinates and our aerial photography and went out with our staff and made a map that defines the trail alignment with common attributes and then matches it up with pictures of the trail. The trail segments are scored in a way you can establish priorities. Scott Arndt stated Salonie Creek is not an area for an ATV park, and he would recommend looking for another area. Mike Sirofchuck stated he grew up in Ohio where there was a law when a strip mine was through being mined it had to be reclaimed for recreational purposes. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER FOSTER, AND CARRIED by unanimous voice vote. The meeting adjourned at 9:05 p.m. ATTEST By: July 11, 2006 Sheila Smith, Secretary Community Development Department DATE APPROVED: July 25, 2006 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE Mike . rofc ck, Chair Parks & Recreation Page 4 of 4 Minutes Women's Bay Service Area Board Regular Meeting Minutes May 8, 2006 CALL TO ORDER 7:00 pm Members Present — Chris Lynch, John Isadore, Dave Conrad, Craig Breitung, Ed Gondek, Scott Griffin Guests Present — Kevin Arndt Citizen's Comments — None Approval of Minutes — Minutes from the April 10 meeting were approved as submitted. Old Business Fire Department — • New tanker truck status — Tanker is being built • SOP status —on hold. • Surplus of engine — We have paperwork waiting for MB approval. Road Service Area — Reviewed Spring work list. New Business Fire Department — Road Service — Reviewed budget status in the overall budget process. Meeting was adjourned at 7:30 p.m. Next Meeting —June 5, 2006 at 7 p.m. fully Sub ted, Chair Person Witness AUG VCEOWE 11 2 1 2006 BOROUGH CLERK'S OFFICE Women's Bay Service Area Board Regular Meeting Minutes June 5, 2006 CALL TO ORDER 7:15 pm Members Present — Chris Lynch, John Isadore, Dave Conrad, Ed Gondek, Scott ' in, Spencer Schaeffer Guests Present — Citizen's Comments — None Approval of Minutes — Minutes from the May 8 meeting were approved as submitted. Old Business Fire Department — • New tanker truck status — Tanker is being built • SOP status —on hold. • Surplus of engine — We have paperwork waiting for KIB approval. Road Service Area — Reviewed Spring work list. gEcEow 11 AUG 2 12006 BOROUGH CLERK'S OFFICE New Business Fire Department — City is replacing radios with narrow band. City has requested KIB upgrade as well. On July 1, 2007 the City will no longer provide support without a contract for dispatch service. KIB needs to follow up, we should monitor. Road Service — Service District No. 1 is trying to schedule a joint meeting with all service districts, we sent a response back requesting we be notified of the date, Board Member Comments — Discussed hole in culvert on Chiniak Dr needing repair or replacement. Suggestion of replacing guardrail section on Middle Bay Dr. was discussed. KEA will be making repairs. A request to contact Kevin was made — the operator is speeding while transporting brush with the loader. Meeting was adjourned at 8:00 p.m. Next Meeting —July 10, 2006 at 7 p.m. D „n.. "44411., 1 \VJ}! LL II U ULJ 111L Chair Person Witness 91lt.{(off ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — July 31, 2006 SUMMARY APPROVED: Motion to approve the minutes of the Regular Meeting of June 19, 2006 and the Special Meetings of June 29, 2006, and July 17, 2006. ADOPTED: Motion to adopt the revision to School Board Policy Section 5.42, Compulsory Attendance, as presented in the second reading. ADOPTED: Motion to adopt the School Board Policy Section 5.58, Physical Education and Nutrition, as presented in the second reading. APPROVED: Motion to approve the FY 07 Final Budget in the amount $32,885,353. APPROVED: Motion to approve a certificated contract to Kathleen Kinney — MA +0/5 in the amount of $53,920, plus $1,116 village stipend for 1.0 FTE Karluk School. APPROVED: Motion to approve the 2006/2007 Kodiak College Facility Use Agreement. APPROVED: Motion to approve the Cultural Collaborations Project Grant Intent to Apply in the amount of $12,000, with a $12,000 District contribution from KACLAC budget. APPROVED: Motion to approve the Cultural Collaboration Access Grant Intent to Apply in the amount of $4,000, with the District providing presenter travel, lodging, and pre diem costs. APPROVED: Motion to adjourn. . I 11 11 , �„ h 2 nn� BOROUGH CLERK'S OFFICE ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - August 14, 2006 APPROVED: Motion to approve certificated contracts for the 2006/2007 school year to Kristen Panamaroff - MA +0/0 in the amount of $42,192, plus $1,116 special education stipend for 1.0 FTE (189 days) Peterson Elementary School; Theresa Miller - MA+0/0 in the amount of $43,085 for 1.0 FTE (193) days Kodiak Middle School Counselor; and Judith Clayton - BA +0/6 in the amount of 549,655, plus $1,116 village stipend, $223 special education stipend for 1.0 FTE Port Lions School. APPROVED: Motion to adjourn. SUMMARY KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your name Please print your name Clef ik, A A- - HO' 5 - co /9r4 Iv :i4n g%t'I%ff 0) O 0 trS 0 g z ■ Jar?. Italy AN oaf •SNi stoWsMAT SUM •SJA Taal, v z JINV •iy^i Items° 1J^i i l V SQTeillirn SJni 'IvIOl z 0 gct v) z Xaliaf SY�J UOSUI: • IIeMS0 .1 Y�I XataLT •JJAI suagclals •4\1 SureilPM •SJAJ ' 1vIOI S z 0 (D �J 2 0 z I[ d • XaTof •SJ^J - Sys IIASO'-IYni SuagdalS Su�eilllM •SJ^J Ti,I,D1 O I \ I P ay uw II oaf • SJAJ UOSUPJH •s7,\1 ltemso 0) O 0 trS 0 g C"— C. o z ' > > iiocld uosueru *SW oaf sTAI 11Ems0 - I . _ s ulAI sureilliM •sYAi ' VIOl c b C 0 G4 z 0 uosuezu •sr TJ oaf • SJAJ �1gnns0 . JJ�t 1 sua S '-IJAI sure M •syAI iviol '---- ‘•-..? e7}' b a 0 Z °''' Ilocld oaf 's AI DSO %v stgcbIS SUM •s AI 'Iviol -- \ O , 0 z 11 oaf 'S1A1 '?f' l IemsWIJJi sure M •sy4 'IdWI. ,, s b a GJ : ›-, I Ilaad I I A) oaf s AI 1 11 s0 1 1AI I s`IcblS I sureum 1 ,v,o, a) 0 U cx 6 CA v) z N - INV '-lAi y •S /A1 _... .1.. nn. -•, 1j \s0 1Ni sum-031s 11A1 �II!M 'sNI C � z / 1 nom - of 'SY�I ° ulAI suaIimS mrn *sNI 1V.rol 0 0 act v IN ' _ I ! of 'SI^i 11eA‘s0 •�L�i ark0 su elIPM •sVI TV101 j 6 0 ca cA Z now Ani 1penns0 Xouueu •1N Su qd 4S SU1 IAA. •SJAI , Iv,„QL _ � II i n JIAI Hof •SNA It o JJAJ us o summ!M S I 1 Ivs oi U b o 0 CA rig cu 0 U 1' \ f - - - .2 c• . ' • t z CJ tkv 1 JI\[ Xaf 'SIAJ uiosum •STAT lIms0 •II!\I suaggds •II Sluet�M 'sIAI 'Ivio L c 0 Z ., llociv oaf 'SI^I ilncrroic r C'ZAT _ �I�'mso 'II^I Suaus •�I suiei�M sj 2 0 0 8 a) En z c,..7 / • T TtK`4 JR •C` IP"SO * IN mar •STAT ICa I JV su gctms uv\i suit qp 'sIAI 'Iv,LOI now •Jv�t (:e, -----S U o 0 a) vn CJ t> nNV 'JAI oaf 'sIAI IIrmso'JJA Xa j ry� sual.gc64S • y suze?III.M 'SF\I 'Iv oL f 0 al En LI1 I Fay AN 1 A.1110 •STAT I s AA' SW M 'SJ x w o w 0 o a 0 8 JD rti 4) 0 0 O g g 1• z �/� W b o 0 Cam z INV ivvi B 'SJNi u ansiA T -- 4 'ii!1I swims JL1i S'?IItM 'SY1I ' 1 as o 0 z INV ''YAI ski oaf * SIN uos[ILIA 'STAT suaIcS '-IL1I suze?[I1M 'S7�I 'Iv.LO1 al 0 rdD z INV '-JY1i oaf 'SW LIPS" SA MAT l A\SO .IN antgcb S iY1i S�req SI�1i 'I7101 al b 0 0 z uOSuaIf{ SIN '$af 'SY1i SIdaIS 'IY1i SWIII!M 'SY1i -,t 'Iv*o I. jJ I 4t al o 0 cn 1 pay ulni I oaf I 10 '- I 1 suaidms upv ' __,O 74 0 1:1 z 0 U z Kodiak Island Borough Assembly Guidelines September 7, 2006 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Regular Meeting Assembly Chambers Clerk's note: Assemblymember Branson and other Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda as submitted. VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of July 20 and August 3, 2006. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 6. AWARDS AND PRESENTATION A. Proclamations — Mayor Selby Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS - None 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. Recommended motion: Move to authorize the Manager to execute Contract No. 2007 -10 with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $365,450. Clerk's note: Attached on blue paper is additional documentation regarding the contract. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 2 2. Contract No. 2007 -11 RFP #1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. Recommended Motion: Move to authorize the manager to execute Contract No. FY 2007 -11 to Jensen Yorba Lott of Juneau, Alaska in an amount not to exceed $733,484.00. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS 1. Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. Recommended motion: Move to adopt Resolution No. FY2007 -06. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Resolution No. FY2007 -07 Supporting Funding for the Kodiak Branding and Marketing Committee. Recommended motion: Move to adopt Resolution No. FY2007 -07. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 3. Resolution No. 1995 -01G Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendment to Series BC- 05 in the Clerk's Office. Recommended motion: Move to adopt Resolution No. 1995-01G. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 3 4. Resolution No. FY2007 -08 Urging the Federal Subsistence Board to Designate Kodiak Rural. Recommended motion: Move to adopt Resolution No. FY2007 -08. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More Efficient. Recommended motion: Move to adopt Ordinance No. FY2007 -06 in first reading to advance to public hearing on September 4 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations Recommended motion: Move to adopt Ordinance No. FY2007 -07 in first reading to advance to public hearing on September 21, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. Recommended motion: Move to adopt Ordinance No. FY2007 -08 in first reading to advance to public hearing on September 21, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 4 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. Recommended motion: Move to adopt Ordinance No. 2007 -01A in first reading to advance to public hearing on September 21, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. Recommended motion: Move to adopt Ordinance No. FY2007 -09 in first reading to advance to public hearing on September 21, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). Recommended motion: Move to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer. Staff Report — Manager Gifford. Other recommended motions: Move to postpone to the next regular meeting of September 21, 2006 OR Move to convene into executive session to discuss the approval of refund, a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 5 2. Vacation of a 10 Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. Recommended motion: Move to approve the vacation of a 10 -foot wide electrical easement located on portions of proposed Lots 3 and 4, Northern Business Park. Staff Report - Manager Gifford. ROLL CALL VOTE ON MOTION 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLY MEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly will meet in a work session on Thursday, September 14 at 7 :30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 21, 2006 at 7 :30 p.m. in the Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 7, 2006 Page 6