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2006-09-21 Regular MeetingKodiak Island Borough Assembly A September 21, 2006 — 7:30 p.m. 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 C MC gh en s Regular Meeting Assembly Chambers 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 — None 6. AWARDS AND PRESENTATIONS 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 (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 ���, A. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More / o Efficient. c+� e C. 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 — X17.20, 17.22, and 17.57 for Transient Accommodations. B. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Assembly Agenda Page 1 12. UNFINISHED BUSINESS A. 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. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). C. Reconsideration of 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. 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS — None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -09A Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration Tax By Adding Section 3.32.040 Annual Fee Imposed on Commercial Plates. Kodiak Island Borough September 21, 2006 2. Ordinance No. FY2007 -01B Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriate State Legislative Grants for the Main Elementary School Playground Equipment, Proposed ADF &G Near Island Facility, Island Lake Trail Upgrade, School Facilities Seismic Repairs and Upgrades, and Tsunami Sirens, Upgrades, Replacements, Additions. 3. Ordinance No. FY2007 -01C Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $455,000 for the Seismic Retrofit of the Kodiak High School Library Wing. D. OTHER ITEMS 1. Appointments to the Mission Lake Tidegate Service Area Board. 2. October 3, 2006 Regular Municipal Election Workers. 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. Parks and Recreation Committee Regular Meeting of August 8, 2006. B. REPORTS 1. Kodiak Island Borough August 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of August 28, 2006. QLs Litc 1500 Ski c h 1 WI r? Ankcn 4b es r Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Mee ting of: 2/ t- te a. 0 5 a 0 0 0 a 0 0 0 ea t 0 0 0 . ( k<1 o 0 0 o 0 a 0 rA Or y r 0 r H tri 1 Ms. Williams I I i Mr. Oswalt 4 Mr. Abell v, by g ;`• a d C7 I� IL ■ J z TOTAL l Ms. Williams Mr. Stephens Mt Oswalt l✓is. B101 Ms. Jeffrey Mr. Abell g e. a I S Ms. Williams II Ms, Brixnserr Ms. Jeffrey Mr. Oswalt - Mr. =. Mr. Abell II I N« ,,_< .. TOTAL Ms. Williams �I Ms. Je6- Mr. Oswalt Mr. ••, - Mr. Stephens Mr. Abell B. �vU� ond: J' 1 < < 1 ,i_< i i , Ms. Williams TOTAL , , ! , , i -*Is. Bronson Ms J - t- Mr. Oswalt Mc •. - Mr. Stephens \I - Mr. Abell , .., , z IN ( k<1 o 0 0 o 0 a 0 rA Or y r 0 r H tri 0 a VI ts n 0 o r r y r 0 g D zi xC r 0) � 3 trl d Eo CD 2. c-\\)) i Ms. Williams I Mr. Stephens I Mr. Oswalt Ms. Jeffrey Ms. Branson Q I I Mr. Abell z TOTAL Ms. Williams Mr. Stephens Mr Oswak Mr. Ramey Ms. Jeffrey Ms. Branson Mr. Abell cn to \ `. vI TOTAL Ms. Williams Mr. Stephens Mr. Oswalt Mr. Ramey Ms. Jeffrey Ms. Branson Mr. Abell TOTAL Ms. Williams I Mr. Stephens Mr. Oswalt Mr. Raney' Ms. Jeffrey Ms. Branson Mr. Abell ' 0 71 V I �! L TOTAL_ C Ms. Williams I M r. Stephens Mr. Oswalt M r. Ramey Ms. Jeffrey . Ms. Branson Mr. Abell VI \ II/ ll/ z 0 a VI ts n 0 o r r y r 0 g D zi xC r 0) � 3 trl d Eo CD 2. c-\\)) II TOTAL I Ms. Williams 41 Mr. Stephens I 1 Mr. Oswalt Ms. Jeffiey Ms. Branson Mr. Abell 2 °' c .. a oieCi cfr) 8 dgc% c:,,, a !v ! I� u z TOTAL I Ms Williams Mr. Stephens Mr. Raney Mr. Oswalt Mr. Abell Ms. Branson MsJ- h - W of A G O R Y 1 Z TOTAL Ms. Williams Mr. Stephens Mr. Ranney Mr. Oswalt Mr. Abell Ms. Branson 4 Ms. J-ii- 0 ea 5 N., .._ .7.- -s < ,,,_< z TOTAL Ms. Williams Mr. Stephens Mr. Raney Mr. Oswalt Mr. Abell Ms. Branson Ms. Jeffrey *i c„ C° . ,,, n .. 0 a V 1 1 IV Y VI z TOTAL Ms Williams Mr. Stephens Mr. Raney Mr. Oswalt Mr. Abell Ms. Branson Ms Jeffrey co o 0 0 R- .< 0 0 0 a 0) 0 September 21, 2006 Regular Meeting 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assembly member Branson advised she will be arriving late and asked to be excused. Please excuse all other Assembly members that may be out. Recommended motion: Move to specifically excuse any Assembly members 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 — None. 6. AWARDS AND PRESENTATION — None. 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 Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 1 Assembly Chambers PUBLIC HEARING VOTE ON MOTION TO AMEND Open public hearing. A. 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. Staff Report - Manager Gifford Clerk's note: Attached on blue paper is the recommended substitution from Assembly member Stephens. Attached on yellow paper is the revised version from Manager Gifford. Both versions are available to the public. If any Assembly member wishes to amend this ordinance, please move to amend Ordinance No. FY2007 -06 by substitution. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1 -800- 478 -5736 Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION B. 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. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 -478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 2 C. 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. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 -478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. 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. FY2007 -01A. Staff Report - Manager Gifford Open public hearing. Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1- 800 -478 -5736 Close public hearing. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT — Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR — Deputy Presiding Officer Tom Abell Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 3 12. UNFINISHED BUSINESS 1. 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. V (Clerk's note: Attached on white paper is the revised page no. 11 of the contract) The motion before the Assembly is to authorize the manager to execute Contract No. FY2007 -11 to Jensen Yorba and Lott of Juneau, Alaska in an amount not to exceed $733,484. � - Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Assembly discussion. ROLL CALL VOTE ON MOTION ij 2. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). The motion before the Assembly is to approve Finance Department's request to refund the tax collected and related expenses to the tax payer. Staff Report - Manager Gifford If the Assembly desires to discuss the attorney's opinion in executive session, please move to convene into executive session to discuss the request to refund the tax collected and related expenses to the tax payer, a matter which qualifies for executive session per KIBC 2.17.030 El a potential or pending litigation to which the borough may become or is a party. 3. Reconsideration of 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. (Clerk's note: Attached on pink paper is information from the Borough Attorney. Assembly member Sue Jeffrey filed the motion to reconsider; she should make the motion to reconsider.) Recommended motion: Move to reconsider the action taken on Ordinance No. FY2007- 09. Discussion should focus on the reasons for filing the reconsideration or new information made available. As the maker of the motion, Assembly member Jeffrey should speak first. ROLL CALL VOTE ON MOTION TO RECONSIDER Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 4 If the motion to reconsider fails, the original action that failed the ordinance stands. If the motion to reconsider passes, the motion to adopt Ordinance No. FY2007 -09 to advance to public hearing is automatically before you as if the original vote had not taken place. ROLL CALL VOTE ON ORIGINAL MOTION TO ADOPT TO ADVANCE TO PUBLIC HEARING ON OCTOBER 5, 2006 13. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS — None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -09A Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration Tax By Adding Section 3.32.040 Annual Fee Imposed on Commercial Plates. Recommended motion: Move to adopt Ordinance No. FY2006 -09A in first reading to advance to public hearing on October 5, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2007 -01 B Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriate State Legislative Grants for the Main Elementary School Playground Equipment, Proposed ADF &G Near Island Facility, Island Lake Trail Upgrade, School Facilities Seismic Repairs and Upgrades, and Tsunami Sirens, Upgrades, Replacements, Additions. Recommended motion: Move to adopt Ordinance No. FY2007 -01B in first reading to advance to public hearing on October 5, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 5 3. Ordinance No. FY2007 -01C Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $455,000 for the Seismic Retrofit of the Kodiak High School Library Wing. Recommended motion: Move to adopt Ordinance No. FY2007 -01C in first reading to advance to public hearing on October 5, 2006. Staff Report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS 1. Appointments to the Mission Lake Tidegate Service Area Board. Recommended motion: Move to appoint Marian Johnson for a term to expire and Norman Sutliff for a term to expire 2 . Q to the Mission Lake Tide Gate Service Area Board. ROLL CALL VOTE ON MOTION 2. October 3, 2006 Regular Municipal Election Workers. (Clerk's note: Attached on green paper is a revised list of election workers.) Recommended motion: Move to approve the regular municipal election workers as submitted by the Borough Election Supervisor. Staff Report— Clerk Javier 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. Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 6 15. ASSEMBLY MEMBER COMMENTS ANNOUNCEMENTS - Deputy Pres Members of the Assembly will Alaska Region Board tomorrow, Kodiak Best Western Harbor Roo anning meeting with the Providence 2, 2006 from 2:30 p.m. - 4 p.m., at the The Assembly will meet in a work session on Thursday, September 28 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, October 5, 2006 at 7:30 p.m. in the Assembly Chambers. The Regular Municipal Election will be held on Tuesday, October 3, 2006. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, Room 101 in the Borough building from 8:00 a.m. to 5:00 p.m. through October 2, 2006. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 21, 2006 Page 7 September 21, 2006 — 7:30 p.m. 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 Regular Meeting Assembly Chambers 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 — None 6. AWARDS AND PRESENTATIONS 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 (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 DRAFT A. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax to Provide for Collection That is More Efficient. B. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations. C. 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. D. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Agenda September2l, 2006 Page 1 12. UNFINISHED BUSIN�SS A. Contract No 007 -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. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). C. Reconsideration of 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. 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS — None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -09A Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration Tax By Adding Section 3.32.040 Annual Fee Imposed on Commercial Plates. 2. Ordinance No. FY2007 -01 B Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriate State Legislative Grants for the Main Elementary School Playground Equipment, Proposed ADF &G Near Island Facility, Island Lake Trail Upgrade, School Facilities Seismic Repairs and Upgrades, and Tsunami Sirens, Upgrades, Replacements, Additions. 3. Ordinance No. FY2007 -01 C Amending Ordinance No. Fy2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $455,000 for the Seismic Retrofit of the Kodiak High School Library Wing. D. OTHER ITEMS 1. Appointments to the Mission Lake Tidegate Service Area Board. 2. October 3, 2006 Regular Municipal Election Workers. 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. Parks and Recreation Committee Regular Meeting of August 8, 2006. B. REPORTS 1. Kodiak Island Borough August 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of August 28, 2006. Kodiak Island Borough Assembly Agend September 21, 2006 Page Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Item No. 9.A Ordinance No. 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 MELVIN M. S TEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE (907) 496 -3143 MEMORANDUM TO: Mayor and Assembly Rick Gifford, Borough Manager Karl Short, Finance Director Nova Javier, Borough Clerk FROM: Melvin M. Stephens, II RE: Qrdinance FY 2007-0¢ (Amending Transient Accommodations Tax) DATE: September 14, 2006 As I mentioned at the September 7 meeting, I am opposed to the passage of Ordinance FY 2007 -06 as presently written and, if I can get a second, will move to amend it by substitution at our next meeting. I view this ordinance as an inappropriate response to the situation which developed with the Buskin River Inn, which was operated under a long -term (25 -year) lease by a party other than the owner of the underlying real and personal property. Presumably due to fmancial difficulties, for five consecutive quarters the operator (Buskin River Inn, Inc.) filed its transient accommodation tax r eturns in a timely manner but failed to remit any portion of the taxes collected, eventually running up a bill of over $43,000 in taxes, penalties and interest. The operator and owner (the Buskin River Inn Partnership) then agreed to an early termination of the operator's 25 -year lease, whereupon the owner, who was not personally liable for any part of the $43,000 tax liability, arranged to sell the underlying assets to another party. Since the operator, the Buskin River Inn, Inc. , has few if any assets, the Borough may be faced with the prospect of a $43,000+ loss in this situation. I do not, however, feel that our response should be to pass an ordinance which in effect makes the owner, who had nothing to do with the transient accommodations business which generated the tax liability, jointly liable for it. I do not think that is fair and I question the Borough's authority to create a lien against property interests other than those held by the party charged with collecting and remitting the tax. Furthermore, I think there was and is a more straightforward way to address most of the problems which developed with the Buskin River Inn Upon receiving a tax return which admitted liability for a given tax obligation but failed to pay it, the Borough should have immediately and automatically reduced that obligation to judgment. This could have been done in less than a month, whereupon the operator would have been forced to agree to a payment schedule satisfactory to the Borough. The Borough would have been in a position to more or less dictate the terms of the payment agreement because, in the absence of such an agreement, it could have satisfied its judgment by repeatedly executing against the proceeds being generated by the ongoing operations of the Inn The substitute ordinance which I wish to offer would make this process, the authority for which is already in place, somewhat more efficient by (a) authorizing the finance director to require monthly returns and remittances from the operator of a transient accommodations business who becomes delinquent in remitting the tax, and (b) eliminating ambiguous language in our present code which could be construed as allowing a delinquency to exist for 120 days before a lien attaches to the operator's assets.' I feel this approach is fairer and more appropriate than the approach taken by Ordinance FY 2007 -06 as presently written. A rough draft of the ordinance I would propose to substitute for the present one is attached. The existing language reads, in relevant part: 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 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. SUBSTITUTED VERSION PROPOSED BY ASSEMBLY MEMBER STEPHENS KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -06 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford Finance Director Borough Attorney 09/07/2006 09/21/2006 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, the transient accommodations tax imposed by Chapter 3.30 of the Kodiak Island Borough Code of Ordinances (KIBC) must ordinarily be retumed and remitted only once every three months even if the operator of the business which generates that tax is delinquent with respect to prior quarters; and WHEREAS, requiring the operator of a business which generates the transient accommodations tax to file returns and remit the tax on a monthly basis if that operator is delinquent with respect to one or more prior quarters may help to avoid the accrual of large tax delinquencies and the loss of tax revenues; and WHEREAS, as Chapter 3.30 of the KIBC presently reads, the authority of the Kodiak Island Borough to record a lien for the payment of the transient accommodations tax immediately upon that tax becoming delinquent may be in doubt; and WHEREAS, it is desirable for Chapter 3.30 of the KIBC to set forth and adopt the same rules regarding the priority of a lien for payment of the transient accommodations tax as are authorized by Alaska Statute 29.45.650(e); and WHEREAS, it is appropriate to amend the relevant sections of KIBC 3.30 to give the Finance Director of the Kodiak Island Borough the discretion to require the operator of a business which is delinquent in the filing of returns or the remission of payments with respect to the transient accommodations tax, to authorize the recordation of a lien for the payment of the transient accommodations tax immediately upon its becoming delinquent, and to avoid any conflict with State of Alaska statutes governing the priority of such a lien; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. Section 2 and 3 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: Section 3.30.240 of the Kodiak Island Borough Code is hereby amended to read as follows: 3.30.240 Lien for tax, interest, and penalty. A. 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 of every person required to collect and remit the tax. The lien arises at the time of delinquency wed -and Kodiak Island Borough, Alaska Ordinance No. FY2007 -06 Page 1 of 2 ••l and may be recorded at any time thereafter. When recorded, the lien has priority over all other liens except (1) liens for property taxes and special assessments; (2) liens that were perfected before the recording of the sales tax lien for amounts actually advanced before the recording of the sales tax lien; and (3) mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to 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. B. Fees for the filing and releasing of liens authorized by this section shall be established by resolution of the assembly. Section 3: Section 3.30.140 of the Kodiak Island Borough Code is hereby amended by addition of a paragraph I to read as follows: I. A person who fails to timely comply with the provisions of this chapter relating to the filing of quarterly reports and remittance of taxes collected for any one quarter during a calendar year shall, if required by written notice from the finance director, file the required reports and transmit collected sales taxes monthly until such time as the finance director determines that a willingness and ability to comply with the requirements of this chapter has been established. Monthly reports and remittances shall be due on the fifteenth day of each month following the month of collection. Section 4: Effective Date. Sections 2 and 3 shall become effective immediately. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: 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 REVISED VERSION FROM MANAGER GIFFORD AND FINANCE DIRECTOR KARL SHORT KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -06 Introduced by: Manager Gifford Requested by: Finance Director I Drafted by: Borough Attomey I Introduced: 09/07/2006 '. Public Hearing: 09/21/2006 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 rentals; 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; Kodiak Island Borough, Alaska Ordinance No. FY2007 -06 Page 1 of 3 BLUE REVISIONS ORIGINALLY PROPOSED Section 3: Section 4: GREEN PROPOSED BY ASSEMBLY MEMBER STEPHENS Section 45: BROWN CODE STRIKEOUTS Kodiak Island Borough, Alaska 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 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 subiect to the tax imposed by this chapter is using a closely held business in the context of those transactions.) KIBC 3.30.080 F is adopted to read: 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 occur, the certificate of registration will not be issued until the owner certifies in writing that the property is subject to a lien under section 3.30.240. If the operator or the owner of the property on which the transactions which are subject to the tax imposed by this chapter occur is a closely held business, the certificate of registration will not be issued until the owners of that closely held business certify in writing that their property is subject to a lien under section 3.30.240. For purposes 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. KIBC 3.30.080 I is adopted to read: A person who fails to timely comply with the provisions of this chapter relating to the filing of quarterly reports and remittance of taxes collected for any one quarter during a calendar year shall, if required by written notice from the finance director, file the required reports and transmit collected sales taxes monthly until such time as the finance director determines that a willingness and ability to comply with the requirements of this chapter has been established. Monthly reports and remittances shall be due on the fifteenth day of each month following the month of collection. 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 of every person required to collect and remit the tax. The lien arises at the time of delinquency Ordinance No. FY2007 -06 Page 2 of 3 GREEN PROPOSED BY ASSEMBLY MEMBER STEPHENS Section 56: ATTEST: and may be recorded at any time thereafter. When recorded, the lien has priority over all other liens except (11 liens for property taxes and special assessments; (2) liens that were perfected before the recording of the sales tax lien for amounts actually advanced before the recording of the sales tax lien; and (3) mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to 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. Effective Date. Sections 2, 3 and 4 shall become effective immediately. 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 3 of 3 KODIAK ISLAND BOROUGH ORDINANCE NO. AN ORDINANCE .. . BE IT ORDAINED by the Assembly of the Kodiak Island Borough, Alaska, as follows: Section 1. Paragraph A of Section 3.30.240 of the Kodiak Island Borough Code is hereby amended to read as follows: ATTEST: Borough Clerk 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 of every person required to collect and remit the tax. The lien arises at the time of delinquency and may be recorded at any time thereafter. When recorded, the lien has priority over all other liens except (1) liens for property taxes and special assessments; (2) liens that were perfected before the recording of the sales tax lien for amounts actually advanced before the recording of the sales tax lien; and (3) mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the sales tax 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 2. Section 3.30.140 of the Kodiak Island Borough Code is hereby amended by the addition of a paragraph I to read as follows: A person who fails to timely comply with the provisions of this chapter relating to the filing of quarterly reports and remittance of taxes collected for any one quarter during a calendar year shall, if required by written notice from the finance director, file the required reports and transmit collected sales taxes monthly until such time as the finance director determines that a willingness and ability to comply with the requirements of this chapter has been established. Monthly reports and remittances shall be due on the fifteenth day of each month following the month of collection. Kodiak Island Borough Mayor KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -06 Introduced by: Manager Gifford Requested by: Finance Director Drafted by: Borough Attomey Introduced: 09/07/2006 Public Hearing: 09/21/2006 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 rentals; 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 subiect to the tax imposed by this chapter): or Kodiak Island Borough, Alaska Ordinance No. FY2007 -06 Page 1 of 2 Section 3: 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: 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 transactions.) KIBC 3.30.080 F is adopted to read: If the operator is not also the owner of the property on which the transactions which are subiect to the tax imposed by this chapter occur, the certificate of registration will not be issued until the owner certifies in writing that the property is subject to a lien under section 3.30.240. If the operator or the owner of the property on which the transactions which are subiect to the tax imposed by this chapter occur is a closely held business. the certificate of registration will not be issued until the owners of that closely held business certify in writing that their property is subject to a lien under section 3.30.240. For purposes 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 marriagel owners. 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 21, 2006 Item No.9.B Ordinance No. FY2007 -07 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 govemed 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: Recommended motion: Move to adopt 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: 09/21/2006 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 -er- 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 21, 2006 Item No: 9.0 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: Recommended motion: Move to adopt Ordinance No. FY2007 -08. 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: 09/21/2006 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 twe -(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 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 principal uses and structures is hereby amended as follows: 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; 1. 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 dwellingsi 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 21, 2006 Item No. 9.D 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 APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. 2007 -01A. Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 09/07/2006 Public Hearing: 09/21/2006 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01A 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 Nova M. Javier, CMC, Borough Clerk 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: 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. Bemhardt at (907) 428 -7078 or elizabet_bemhardt@ak- prepared.com. del:ewb:tdp Enclosures: 2 Grant Agreements X4Plans Preparedness \ DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 23, 2006 Sincerely, David E. Liebersbach Governor's Authorized Representative gation \1571 04 Bearing Sea StormWB Ouzinkie School Retmft \1571 -0009 Ouzinkie grant agremmt coverletter.doc 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 [5 ) , CEIVr AUG 25 2006 J KIB MANAGER 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award 0 Amendment • 4. Employer Tax ID # 92- 003085 Amendment #_ 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- preDared.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. ses Attachment , I App0eable 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 16.6(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: Karleton 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 17 HS&E Offi David E. Liebersbach, Governor's Authorized Representative Date X \Plane Preparedness\Mitigation5I57144 Bearing Sea Storm \KIB Ouzinkie School Retrofit 1571-0009 Ouzinkie grant agreemcnt.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 'rformance period of this award ends on August 2, 2008. Project deliverables identified in the approved project scope of work must be completed this date. 1.1 Reportinq 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) 02 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 concems 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. For the next $4,000,000, 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 penod for this grant award is August 2, 2008 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 Lobbying; Debarment, Suspension and other responsibility matters; Drug -free Workplace; and Non - Supplanting requirements. See Attachment 2. 13.7 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 Circular A -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 DHS &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 govemed 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 DHSBEM 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 attomey'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://usds.gov/graphics/formsfeetfommifiles/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 Toss, 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 not 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 th 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 ,mply 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(6) through (i) The Sub - Grantee must comply with Federal Emergency Management Agency procurement standards addressed in 44CFR Section 13.36(b) through 0). 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.) ie 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 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS AppI hints should refer to the regulations cited below to determine the certifrcatism ti, which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form Signature of this forin provides for compliance with certification requirements under 28 CFR Part 69. "New Restrtcticros on Lobbying" and 28 C:FR Part 67, "Cisisernment -wide Detainment and Suspension (Nonpro- curementl and Government -wide Requirements for Drug -Free Workplace (Grants}" The certifications sha €l be treated as a material representation of fact upon which whence will be placed when the Depananent. of Justice determines to award the coseted transaction, grant. or cooperative agreement 1. LOBRV INt; As required by Section 1352, title 31 of the l!.5. Code. and implemented at 28 CFR Part on for persons entering into a grant or cooperative agreement over SIt8ttnat as defined at 288 CFR Part 69, the applicant certifies that dal No Federal appropriated funds base been paid or will be ptid, be or on behalf of the undersigned, to any person for ire Poetising or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an empk>y ere of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement. and the esteresistn, contra t ation, renewat, amendment. or modification of any Federal grant or cooperative agreement; fhl If any funds other than Federal appropriated funds have been paid or wilt be paid to any person lift influenchtg or at- temptmg to influence an officer to ern ployee of any agency, a Member of Congress, an officer or empkov ee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement the undersigned shall complete andsubmtt Standard Form - LLL, "Disclosure of Lobbying Activities," m accordance with its instructions: lel The undersigned shall require that the language of the ca- mcluded in the award documents for all subawards hers (i winding subgrants, attracts wider grants and operative agreements and subcontracts I and that all sub- recipients shall certify and disclose accordingly. 2. DEBARMENT, St!SPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12544, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in prnnary covered tra sactions, as defined at 28 CFR Part 67. Section 67510. - A. The applicant certifies that a and its principals' dal Are not presently debarred, suspended, proposed for debar- ment declared ineligible. sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered nansaction by any Federal department or agency: (by. Have not within a three -veer period preceding the application been convicted of or had a coil judgment rendered against them fur commission of fraud or a criminal offense in comnec- IJ. S. Department of Office of Justice Pmgfams Office o f the Cornpiiolle ATTACHMENT 2 public (Federal. State . nr foal) transactiait or contract under a public transaction; violation of Federal or State antitrust statutes or crnnmission of embezzlement. theft. forgery, bribery. falsification or destftet4ton of records, waking false statements, or teeeiving stolen properly.: (c) Are not presently tndicted for or otherwise criminalty or civilly charged by a govertmtental entth. (Federal, State, at tonal) with commission of any of the offenses enumerated in paragraph (IX bl of this certi and (d 1 Have not within a three -year period preceding this application had one or more public transactions (Federal. State, n Inca It terminated for carpe or default; and R Where the applicant is unable to catify to any of the statements in this certification he or she shall attach an explanation to this application. !. DRI G WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS( As requited by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part h7, Subpart F. for grantees as refined at 28 CFR Part 67 Sections 67.615 and 6762U -- A The applicant certifies that it will or will continue to provide a drug -free workplace by Ind Publishinga statement notifying employee; that the unlawful manufaaure. distribution, dispensing- possession. or tee of a cant rolled substance is prohibited m the (grantee's workphtm and specifying the actions that will he aken against employees for ciotation of such prohibition; (b) Eaabhishmg an ongoing drug -free awareness program to inform employees about — ( The dangers of drug abuse m the workplace: (2t The grantees policy of maintaining a drug -free workplace: 131 Any available drug courcelmg, rehabilitation, and employee assistance programs: and (41 The penalties that rimy be imposed upon employees for thug abuse v ioations occurring in the workplace, (el Making a a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph I.al:. Id) Notifying the employee in the statement required by paragraph dal dal as condition of'emptovtnent under the grant. II I Abide by the terms of the statement: and 121 Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the'.vorkplace no later than Eve calendar days after such conytenon: (el Notifying the agency, m writing, within I U unletadar days after receiving notice under sub Ida 21 from an employee or otherswse receiving actual notice of such convcc Employers of convicted employees must provide notice, including position trite, to Department of Justice. Office of Justice Programs, ATFN. Control Desk, 810 A Street. N.W., Washirunon, D C 20531 Notice shall include the identification numbers 1 of each affected grant (fl Taking one of the following actions. with ®31) calendar days of receiving notice under subparagraph trig 21, with respect to any empkryee who s so convicted — (11 Taking approprette personnel action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation Act of 1973. as amended, or 121 Requiring such employee to participate satisfactorily in a drug abase assistance or rehabilitation program approved for such purposes by a Federal, State. or toast heahh, law enforcement, or other' approprsate agency, (g) htakinga good faith effort to continue to maintatna drug - free workplace through implementation of paragm pits tat lhl, lc I, Id). (et and lfl D The grantee nay irnert in the space provided below the mast for the performance of work done in connection with the specific grant Place of Performance (SUeet address, city county, state, zip code) As the duty authorized representative of the appli®nt, 1 hereby certify that the applicant Mee Name and .Address: 2 Application Number an&ot Project Maine 4 Typed Name and Title of Authorized Representative 5 Signature 0A'f<AM402a Mat; (VP It Mad AMI1ACl63 AM) 40.14W I WS MIS OttX E7tc de fled n Check if there are workplaces on file that are not here Section 67, 6.30 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 be included with each ap- plication for Department of Justice funding. States and State agencies nay elect to use O1P Form 40611 Check if the State has elected to complete OJP Form 4061;7 DR L'G -FREE W OR KPI,AC'E (GRANTEES VLIIO ARE INDI%7DL'AL S) As required by the Drug -Free Workplace Act of 1988, aril implemented at 28 CFR Part 67. Subpart E, for grantees, as defined at 28 CFR Part 67: Sections 67 615 and 67620— A As a condition of the grant, 1 certify that 1 wilt not engage in the unlawful manufacture. distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant: and B If convicted of a armsful drug offense resulnng from a violation occurring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justccc comply with the above certifications. 3 Grantee LRS :Vendor Number 6 Date X71 t vax..Int ttia.ac u Meeting of: September 21, 2006 Kodiak Island Borough AGENDA STATEMENT 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 Leaming Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation & KHS Pool Reclamation. THIS AGENDA ITEM WAS POSTPONED FROM THE LAST MEETING. ITEM NO. 12.A Contract No. FY 2007- 11 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 [❑] N/A 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 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 e Rick Gifford DATE: O: 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 Design Const Bond Or Budget Budget Budget Amt (Intl ovr'hd) KODIAK ISLAND BOROUGH ENGINEERING/FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith(afkjb.co.kodiak.ak.us Bond Projects KHS Ext Insul and Window Replacement $ 37,000 $ 521,000 $ 596,020 KHS VocEd Renovation & Pool Reclamation $ 269,673 $3,790,163 $ 4,840,788 KHS /MS Complex Roof Upgrade $ 30,000 $ 460,000 $ 523,504 KHS Learning Center Renovation $ 77,500 $ 969,000 $ 1,181,336 subtotal bond projects $ 414,173 $5,740,163 $ 7,141,648 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 Total $ 626,804 $7,368,154 $ 9,267,958 $ 40,000 $ 66,680 $ 733,484 C:\Documents and Settings \bcassidy\Local Settings \Temporary Internet Files \OLK1066\Memo Re Yorba Contract 060825.doc COS Cart Alo . Jwo /-Y �TT AA® �v. o'71/5/or MA Document B141Th -1997 Part 1 ° Standard Form of Agreement Between Owner and Architect 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 14 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT trade as of the day of September 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) Kodiak Island Borough 710 Mill Bay Road Kadiuk, Alaska, 99615 -6398 TelNuniber: (907) 486-9349 Fax Number: (907) 486-9394 and the Architect: (Name, address and other information). Jensen Yotba Lott, Inc 522; V. 10 Street Juneau ,. Alaska 99801 (907)789'4520 For the following Project: (Include detailed description of Project) KNS/MS Seismic Upgrades & Various Bond Projects Kodiak, Alaska The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also haveMOW the text of the original AIA standard form. An Additions and Deletions Reportthal notes added information as well . . as revisions to the standard form text is available from the author and should be reviewed. A vertical line In the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted Iran the anginal AIA text. TS document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. NA Document B141^r —1997 Rr 1. Copyright 01917,1926, 1948, 1951,1953., 1958, 1861, 1963, 1966. 1967. 1970, 1974, 1977, 1987 and 1997 by The Anwrleen Inthute of Architects. All right* reserved. WAR N083: This AIA Document Is protected by U.S. Copyright Law and International TreeIlee. Unauthorized reproduction or distribution of this AIA Document, or any potion et It may result In severe civil and criminal pennies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 07:42:19 on 09/12/2006 under Order No.1000224710_1 which expires on 8/2912007, and is not for resale User Notes: (1374807132) 1 ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and. assumptions. (Note the disposition far 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 § 1.12.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Renovation and expansion of existing school facilities at the Kodiak High SchooUMiddte School campus, 720 Mill Bay Road to include: • EMS Seismic Upgrade • KHS library Seismic Upgrade • KHS Gym Seismic Upgrade • KIISIKMS Complex IRMA Roof Upgrade • KHS Learning Center • KHS Exterior Insulation and Window Replacement • KII5 Vocational Center Renovation & KITS Pool Reclamation § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geoteehnical reports about the site.) As defined in the Request for Proposal and KIR supplied drawings § 1,113 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) As defined in the Request for Proposal, project agreements between DEED and KIB, and between FEMA and KIB §1.1.2.4 The legal parameters are: (identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the sire.) § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is Shown in Article 1.5.1 .2 Amount of. the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Shown. in 1.5.1 §1.1.2.6 The tithe parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) I To be determined ed using KM supplied schedule as a guide §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.) COmpetitive Bid §1.1.2.8 Other parameters are (Identify special characteristics or needs of the Project such as energy, environmental or his uric preservation requirements.) I None AlA Document B141m —1997 Pert 1. Copyright ®1917, 1926, 1946, 1951, 1953, 1958, 1961, 1963. 1966. 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Aft rights reserved. WMt9Nd: This AlA Document Is protected by U.S. Copyright law and tnternastonat Treaties. Unauthorized reproduction or distribution of Ws Ale Document, or any portion al ft, may result In severe WWI and criminal penalties, and wit he prosecuted to the maximumextent possible under the Itw. This document was produced by AMA software at 07:42:16 on 09112/2006 under Order No.1000224710_1 which expires on 61292007, and is not for resale. User Notes: (1374607132) § 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 @kib.co.kodiak.ak.us § 1.1.31 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 :same, address and other information.) KIB Architectural Review Board KIB School District Alaska Dept of Education & Early Development FEMA (verify) § 1,1,33 The Owner's other consultants and contractors are: (List discipline and (('known, identify them by name and address.) None § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Tony Yorba Jensen Yorba Lott, Inc 522 W. 10 Street Juneau, Alaska 99801 907 789 4520 §1.13.5 The consultants retained at the Architect's expense are; (List discipline and if known, identfy them by name and address.) Peratrovich. Nottingham and Drage; Structural Engineering; 3220 Hospital Drive, Juneau, Alaska,. 99801 RSA Inc.; Mechanical and Electrical Engineering; 2522 Arctic Blvd, Anchorage, Alaska, 99503 1-4MS, Ire; Cost Estimating; 4103 Minnesota Drive, Anchorage, Alaska 99503 Carson Dom Inc; Environmental Engineering; 712 W t2 Street, Juneau, Alaska, 99801 § 1,t.4.Other important initial information is: § 1.1.6 When the services under this Agreement include contract administration services. the General Conditions of the Contract for Construction shall be the edition of AEA Document A201 current as of the date of this Agreement, or as follows: AIA Dotanent 8141wr -1997 Pert 1. Copyright ®1917, 1926, 1948, 1951. 1953, 1959, 1991, 1953, 1969, 1967, 1970, 1974, 1977, 1997 end 1997 by The American Mstfue ol Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Uneuihodeed reproduction or dbfttbutlon of MIS AMA' Document, or any ponlonot h, may result In severs eivtt and crimmetpenalties, and will be prosecuted to the maxlnn extent possible under the law. This document was produced by AMA software at 07:4216 on 09(12/2006 under Omer No.1000224710 1 which expirna 6x29)2007, and is not for resale User Notes: (1374607132) and as negotiated. (attached) § 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 § 12.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both patties shall endeavor to maintain good working relationships among all members of the Project team. § 12.2 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. §12,2.2 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. § 12.2.3 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 decisions in a timely.raainer pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1,224The 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. § 1.2.2.1The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any GRID for the Project to meet the Owner's needs and interests. §1.2.2.7 The Owner shalt 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. § 12,3 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. § 1.2.32 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the perforumnee of Architect's services which initially shall be consistent with the time periods established in Section 1.11Gdnd which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include al1pwattceit forPeriods 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. Tune limits established by this schedule appm'vtttl by the Owner shall not except for reasonable cause, be exceeded by the Architect or 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. MA Document 19141 —1987 Wit 1. Copyright ®1917, 1928, 1948. 1951.1953, 1958,1981, 1983, 1988, 1987..1970, 1974, 1977,1987 and 1907 by The American institute of Architects. All rights reserved. WARNING: This AIA Document 18 protected by U.S. Copyright law and International Trestles, Unauthorized reproduction or distribution Of Ms AIA Document, or any pavilion of 1t, may result In severe civil and criminal penalties, and will be prosecuted to die maximum extent possible under the law. This document was produced by AMA software at 07A216 on 09/1212008 under Order No.1000224710J which empires on &29/2007. and is rot for resale. User Notes: (1374607132) § 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 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 shaft not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgineat with respect to this Project. § 1.2.3.5 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. § 1.2.33 The Architect shall be entitled- to rely on the accuracy and completeness of see( s 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 THEWCRK §1.3.13 The Cost of the"Workshall 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. §14.1.2 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 costs of 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 shalt 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. *1,32 INSTRINENTS OF SERVICE § 1.3,2:fif)rawings, speeificationtand other documents, including those in electronic form, prepared by the Architect and the Anilinecf 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 shalt retain all common law, statutory and other reserved rights, including copyrights. § 1,3.2.2 Upori 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 Arcbitettsltail obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement Any termination of this Agreement prior to completion of the Project shalt terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shear to the Architect within seven days of termination all originals and reproductions in the Owner's possession dr 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 chringes,: COrteCtiOTIS or additions to the Instruments of Service solely for purposes of completing, using and mamtaine% they Project. 9' Rtleept for the licenses granted in Section 132.2, no other license or right shall be deemed granted or inoplled udddr this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another patty 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 AR Document 13141m —1997 Pan 1. Copyright 0 1917, 1928, 1948, 1951, 1953, 1958, 1961. 1963. 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Af rights reserved. WARNING: Thta AtA Document Is protected by U.8. Copyright taw and lnlerneltonet Treaties. UneUthortted reproduction or distribution of Ode AIA Document, or any portion of IL may result In severe civil and criminal penalties, .. and, will be prosecuted to She maximum extent possible under the lave. The document was produced by AIA software at 0734218 on 09/1212008 under Order No.1000224710_1 which expires on 8129/2007, and is not for resale. User Notes: (1374607332) 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 Instruments of Service shad be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 51.3.2.4 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. Architectsball provide Instruments of Service in electronic format. Notwithstanding such an agreement, drawings shall be provided in: [I j Autocad2004 "dwg" format and shall include all associated page setup and plot style tables, fonts, and referenced'dmwings as applicable and 121 Drawings, calculations & specifications shall be provided in Adobe Acrobat (PDF 1.4 or above) fur ntat. § 1.3.3 GHAN.GE IN SERVICES § 1a,S,t change hiS'trvices 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 Station 1.33,21 M the absence'of mutual agreement in writing, the Architect shall notify the Owner prior to providing such vices, If the Owner deems that all or a part of such Change in Services is not required, the Owner shalt 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 15Z and to any Reimbursable Expenses described in Seeded 1.3.9.2 and Section 1.5.5. The Owkfa'r;t�eserves the»cxp46sa4g1tkrtprtatteel any lat the'Projects ipoludeddn Sec j 118,1. If R 4CIN celled, the At4 hitect'sTsd be, lnpansated for tiny lime out nnttetSeosta rn.pended uti toufdd inoludingthettime the OL4ner Cancels that pri jot, Thereshalkbe no further compensation to the Atolnteet tot that vxo tk, § 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: A 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 pmviousl.Zr' 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 on the part of the Owner or the Owner's consultants or contractors; 6 preparation fbrand attendance at a public hearing, a dispute resolution proceeding or a legal proceeding exdept- the Architect 15 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 shalt 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 hen arising out of the Architect's services, the Architect may proceed in accdtlie ice with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by methalnon or by arbitration. § 1.$.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 AIA Document 9141^ -1997 Part 1. Copyright ®1917. 1926, 1949. 1951. 1953. 1958, 1981, 1963, 1966, 1967. 1970. 1974,1977. 1997 and 1997 by The American Institute at Architects Ail rights reserved. WARNING: This AIA Document is protected by D.S. Copyt1 ht Low and International Treaties. Unauthorized reproduction or distribution elf This AIA Document, or any portion of It may result in severe civil and criminal penalties, and wilt be prosecuted torts =Amumextent posalble under the law. This document was produced by ALP software al 07:42:16 on 02/12/2008 under Order No.1000224710_t which expires on 6!29/2007, and is not for resale. User !toter (1374607132) advance of arbitration or legal or equitable proceedings, which shall be stayed 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. §1.3.5 ARBITRATION §1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shalt 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 Constructionlndustry 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. §1.4M3 A'demand for *titration shall be made within a reasonable time after the claim, dispute or other matter in questioahas arisen. In no event shalt the demand for arbitration be made after the date when institution of legal or equitable prodeedingsbased an such claim, dispute or other matter in question would be barred by the applicable statute of• limitations. § 12.5.4 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 spea tr Teference to Mis 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 coasent 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 describedtherein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional ':persona entity duty 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 13,5,4, either party nay Wilde the Contractor in any arbitration arising out of this Agreement to the extent allowed by the flatted for Construction. 31.3.5.5 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 § i 3 ,5 C1.AWSEOR fiONSMIEN-DAL DAMAG The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to tit .Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's to nirmdon in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS 51331 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. § 43 7.3 p of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have sec Teed and the applicable statutes of limitations shall commence to run not later than either the date of Sabotage' Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for ass or failures to act occurring after Submerge/ 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. AIA Document 9141 -199 7 Part 1. Copyright 01917, 1926, 1948, 1961 1953,11166 1961, 1963, 1966, 1967, 1970 1974,1977, 1997 and 1997 by The American !neon of Architects. Aa rtghts reserved. WARNING; Tmis Ale Document is protected by U.S. Copyright Law and tnaumrl Trearasa. UnamhoMd reproduction or dlebNiutlon of this MA' Docunrent, or any portion of h, may result In seven ctva Nad :ri f ed penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by MA entente at 07:42:16 on 09112,2009 urNerOMm No.1000224710 1 which expires on-60/2007, and is not br resale. User Ndtes: (1374697732) 7 § 1.3.7.4 To the extent damages am 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 of this 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. § 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 for or 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 shalt 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 wilting 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 forreview 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 beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives - toy the other party to this Agreement and to the partners, successors. assigns and legal 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 Agreement to an 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 .f R SUSPENSION §1A8.1 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 tenaination 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 Aretdteetshall . 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. l3efmu resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred inthe interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 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 ntay 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 notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the tuminadon. AtA Document 81411 Pan 1. Copyright ®1917, 1928 1948. 1951, 1953, 1958. 1901, 1963, 1986, 1967. 1970, 1974. 1977, 1987 and 1997 by The American Institute of Architects. All right reserved. WARNING: This AIA Document tsprotected by U.S. Copyright Lew and international Treaties_ Unauthorized reproduction or distribution 01 this AIA Document, or any portion or It, may result in severe chili and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by MA software at 07:42:t& on 091122006 under Order No.1000224710 1 which expires on 62912007, and is not for resale. User Notes: p374807132) 8 § 1.3.83 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 1.3.83. § 1.3.8.7 Termination Expenses am in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated':: § 1.3.9 PAYMENTS TO THE ARCHITECT § 13.9.1 Payments on accotmt 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, as identified in the following Clauses: .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 normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1.5.5; .8 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 basin 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 Expenae 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 Part; 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, MA Document B141-1997. 31.4112 Standard Form of Architect's Services: Design and Contract Administration, AIA Document 8141-1997, or as fellows; (List other documents, if any, delineating Architect's scope of services.) 31.4.1.3 Other documents as follows: AIA Docmneat a141TM —1997 Part t. Copyight ®1917, 1926, 1948, 1951, 1353, 1958 1961, 1963. 1966, 1987, 1970, 1974, 1977, 1967 and 1997 by The American Inanhae of Architects, All rightsreserved. WARNING: This AIA Donweent is protected by U.S. Copyright Lan and International Treaties, Unauthorized reproduction or distribution al We Alt Document, or any portion of it may :nun In severe Idyll end crsatns' penalties, and will be proseaded to the medium extent possible under the law. TMs document was produced by AtA software at 07:42:16 on09112/2006 under Order No.1000224710 1 which expires on 8429/2007, and Is not for resale. User Noire: (1374807132) (List other documents, if any, forming pan of the Agreement.) KIB's RFP #I for KHS/KNIS Seismic Upgrades and Various Bond. Projects §1.42 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Fees for the Design phase for each project are estimated as follows: Protect KMS Seismic Upgrade KHS Library Wing $,eismic. Upgrade KHS Ciym Seismic Upgrade subtotal seismic upgrades KIB G/L # DEED # Design Coast Total Budget Budget Budget 410 523 05022 410 523 05022 410 523 05022 2006 COMPENSATION SCHEDULE Standard Hourly Rates Classifkation Rate/hour Principal/Project Manager 5120 ArchitectIR $95 Architect II $90 $ 125,151 $ 985,441 $ 1,251,510 $ 46,450 $ 334,050 $ 464,500 $ 41,030 $ 308,500 $ 410,300 $ 212,631 $ 1,627,991 $ 2,126,310 KHS Extaitstll 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• :Compbk 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 $ 414,179 $ A740,163 $ 7,141,648 Total $ 626,804 $ 7,388,154 $ 9,267,958 Reimbursable Expenses $ 40,000 Contingency (10 %) $ 68,680 Total Design Budget $ 733,489 These fees are estimates to be billed on a time and materials basis. The budgets for all subsequent services and expenses will be reevaluated at the end of the schematic design phase and further negotiated as the scope of required work is clarified §1.5.2 If the services of the Architect are changed as described in Section 1.33.1, 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 13.2, inanequttablemanner. (Inser, basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specc services to which particular methods of apply.) AIA Document 121411 -1997 Pen 1. Copyright 01917,1926, 1948, 1951, 1953, 1958, 1961,1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American institute otAMemcic. Alt rights reserved, WARNING: This Me Document Is protected by U.B. Copyright Law and International Treaties. Unauthorized reptaatotion or distribution of this 41Ae Document, or any portion of h, mayresult in severe civil and criminal pena8las, and will be prose/Med to the rttaximtmt extent possible under the law. This document was produced by AP. software at 07:42:16 on OW122006under Order No.t00d 224710_1 which eglireson 612972007, and is not tor resale. User Notes: 0374607132t 10 Architect I $85 Intern/Designer 11I $85 InternlDesigner 11 $75 Intern/Designer 1 $65 Landscape Architect III $95 Landscape Architect I1 $90 Landscape Architect I $85 Interior Designer/Space Planner III $95 Interior Designer/Space Planner Li $90 Interior Designer /Space Planner I $85 Production' Manager $85 Construction Manager S85 Drafter it $65 Drafter I $55 Administrative Assistant $65 Clerical Assistant $35 § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point one ( 1.1 . ' the amounts billed to the Architect for such services e § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point one ( 1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: Notre § 1.5.8 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. §14.1 An initial payment of Zero Dollars ($ - ) 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. § 1.5.B Payments are due and, payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ninety ( 90 ) 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 rote of interest agreed upon.) 6% per annum (Usury taws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and otter regtdat ons at the Owner's and Architect's principal places of business, the location of the Project and elsewhere maytt ect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modijicaiions, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 Compensation for services covered by this Agreement that have not been completed within thirty -six {36) months of the date of this contract, shalt be revised to match the national rate of inflation. AIA Document 6141° —1997 part 1. Copyright 01917, 1926, 1948. 1961, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977, 1997 and 1997 by The American Institute of Architects. All rIgMS reserved. WARNING; This AM. Docmnent is protected by U.S. Copyright taw and international Treaties. Unauthwlaed reproduction or distribution of this Ale Document, or any portion at IL may result In severs alvtl and admiral penalties, .and wt9 be prosecuted to the maahnum Went posaibie under the taw. This document was produced by MA software at 07:42:16 on 09/122005 under Order No.1001024710_1 which expires on 8/2912007, and w not for resale. User Notes: {1374807132) 11 This Agreement entered into as of the day and year first written above. (Signature) Rick Gifford, Kodiak Island Borough Manager (Printed name and title) (Printed name and title) AtA Document 6141m — 19979en 1. Copyright ®1917,1926, 1948, 1951, 1953,1968, 1961, 1963, 1960, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Alt rights resented. WARNIm1:lhls AIA Document Is protected by U. B. Copyright Lew and tnternationallmatba. Unauthorized reproduction or distribution of this AIA° Document, er any portion of it, may result In tern the itand criminal penalties, and will be prosecuted to the maximum extent possible under the Orr. This document was produced by MA seemly at 07 :42:19 on 09/1212003 under Order No.1000224710_1 which expires on 6!2912007, and is not tor resale. User News: (1374607132) 12 MIL SAIA Document B141' -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 . SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2A DESIGN SERVICES 2.5 CONSTRUCTIONPROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACIIJTY OPERATION SERVICES 2.6 SCHEDULE OF SERVICES 2.9 Mo' ATIONS ARTICLE 2f 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, conuhunicate 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. § 2.12! When Project requirements have been sufficiently identified, the Architect shall prepare,: and periodically update, a Project schedule that shall identify milestone dates for decisions ttqulted 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 Atctdteet shall be entitled to rely on approvals received from the Owner in the further development of the design. 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 standard tan. An Ad:Niors and Defectors Report that notes added information as well as revisions to the standard loan text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information art where the author has added to or dotted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AlA bocument Bl41 r° -1997 Putt Copyright al 1917, 1926, 1949. 1951, 1963. 19.58, 1161,1983, 1966,1967, 1970, 1974, 1977.1987 and 1997 by The American hataute of Arehhects. AU rights reserved. WARNING: This Ala Document Is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduelton of dlatdbWlon 01 this MA Document, Of any portion of It, may result in severe civil and cdminst penalties, and Mg be prosecuted to the maximum extent possible inter the law. This document was produced by AIA soawue at 106 07 on 09/12/2006 under Order No.1000224710_2 which expire. on 6r29r200T, and is not for resale. User Naha: (2602668604) Mit § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for tiling documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.11.1 When the Project requirements have treat sufficiently identified, the Architect shall prepare a preliminary estitnate 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 of 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 Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the eomuuetion industry. It is recognized, however, that neither the Architect nor the Owner has contra 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 'ids 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 1* permitted to include contingencies for design, bidding and mice elation; to determine what materials, equipment, component systems and types of construction are tobe 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. § 2.11.4 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. § 2.1.7.6 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 perforated 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; AIA Document 11141m —1997 Part 2. Copyright 01917, 1926, 1949, 1951, 1953, 1956, 1961, 1963, 1966, 1967, 1970, 1974,1977, 1967 and 1997 by The American inal0uts of Architects. All rights reserved. WARNING:Thls MA Document is protected by U.S. Copyright Lea and International Treaties. Unauthorized reproduetlon or distribution Of this Alt Document, or any portion of tt, may result In severs civil and criminal penalties, end will be prosecuted to the maximum extent possible emir the law. This document vas produced by AM software at 109007 on 09/12/2006 under Order No.1000224710 2 which expires on 6/29/2007. and is not tor resale User Notes: (2602658664) Init. locations,. dimensions and necessary data with respect to existing buildings, other improvements and trees; and 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 necrg ary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 23 EVALUATION AND PLANNING SERVICES §23.1 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 shalt 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 forthe 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 2A DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. §2,42 SCHEMATIC DESIGN DOCUMENTS § 2,42:1 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 the Project illusmiting the scale and 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. § 24.$ DEMON DEVELOPMENT DOCUMENTS § 24,34 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. § 24.4 CONSTRUCTION DOCUMENTS §U4.1 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 Pmject. The Construction Documents shall include Drawings and Speelflceiiens that establish in detail the quality levels of materials and systems required for the Project. §,444.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development andpreparadon 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 and Specifications and may include bidding requirements and sample forms. AFA Dooumsnt 8141^ —11[97 Part 2 Copyright ti 1917, 1928 1948,.1951,1953, 1969, 1981, 1983, 1988, 1987, 1970, 1974, 1977, 1987 and 1997 by The American MAW. of Architects. an rights ralerved, WARNING: This Air Daoumentte protected by U.S. Copyright Laren and International trestles. Umutharlaetl reproducaon or distribution of Ws A1A Document, or any portion of Ii, may result in were oh* and criminal pemllhe, and *II be prosecuted to the msdnmm extent passible under the law. This document cues produced by Ala software at 10:0827 on 09/12,2008 under Order No.1000224710_2 which expires on 8/292007, and is not tor resale. User Notes: (2802858684) 3 hilt. 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 COMPETITIVE BIDDING §2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 25AZ 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. § 2,5.43 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. § The Architect shMI consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.45 The ArcliiteCt participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. § 2.546 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. 12.5.4.7 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. § 25,5. NE©OTIATED!PROPOSALS § 25.5,'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. §.245.5:0 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.S CONTRACT ADMINISTRATION SERVICES § 2.5.1 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 Contract for Construction, current AtA Document 814tm -1997 Part 2. CopydgM ®1917, 1926.1948,1951,1953,1958,1981,1963, 0 1966, 1967, 1970, 1974, 1977, 1967 and 1997 by The Amescarl Institute of Architects. AtlNghts tinned. WARNING: This AIA° Doeumem te protected by US. Copyright Law and International Trestat . Umtutheetted reproduceien or distribution of this Alt Doeurnent, or any portion of It, may result In men ewe end memo al pendtles, mid u 411 be prosecuted to the maximum extent pasalbte under the law. mis rbcument was produced by AAA software at 10:00:07 on 09/12/2006 under Oder No.1000224710_2 which expires on 6/29/2007, and is not tor resale. User Natty: (2602656664) 4 hilt. as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the 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. § 2,6A.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 Documents -shall be in a thrill 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. § 2.6.141f deerned 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 matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Document 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. §2.6.12 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 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. I § 2.6.1S 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. § 2.6.2 EVALUATIOlNS OF THE WORK § 2x6.2.1 The Architect. as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the. Contractor's operations, eras otherwise agreed by the Owner and the Architect in. Article 18, (1) to become familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed. with proper docgtnentation, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine 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 of 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 respoMilp'rlitics:tmder the Contract Documents. § 25.2.2 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 or MA Document 9141+ —1997 Part 2. Copyright C 1917,1928,1948, 1951, 1153, 1956, 1961, 1963, 1966, 1187, 1970, 1974, 1977, 1967 and 1997 by The American Institms of Architects. *aright* reserved. WARNING: This Ale Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may remit in severe ch9 and criminal penalties, and edit be prosecuted to the maximum extent possible under the taw. This document was promised by AIA sofwareat t0:00A7 on 0942/2008 under Order No.1000224710 2which expires one/29/2007, and Is not br resale. Use Notes: 126029596641 5 Init 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. § 2.66:2.3 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 k 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 fabncated, 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. § 2.62 CERT1FiCATI1 OF PAYMENTS TO CONTRACTOR § 2.6.3'.1 The Architeetishall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such attwnhts. The Architect's certification for payment shall constitute a representation to the Owner, basedon:the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Commie? s Application fotpayment, that the Work has progressed to the point indicated and that to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docuhrents. The foregoing representations am subject (1) to an evaluation of the Work for conformance with the Conttactf)ocumemt§ 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. § 24.3.3 The Arehitect shall nleintain a record ot'the Contractors Applications for Payment. § 26.4 SPJBMITT.ALS §2.641 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such an 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 die activities of 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 nachos 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 shalt not constitute approval of safety precautions or, unless otherwise specifically by the Architect, of any construction means, methods, techniques, sequences or procedures. The 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 copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.411f 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 AUr Doouinent8141 — 1997 Part t Copyright 01817.1R26, 1848, 1951, 1953, 1958, 1981, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Amateais. Alt duffle reserved. WARNING: This Al0. DocWMm lapmteotad by U.S. Copyright Law end lnterrlstlonsl Treatise. Unarahcrired reproduction ordtahtbutlon o1 this AtA' Document, or any portion el IL may reeuun In severe eWS and criminal penalties, and will be preeetuled to the maxlmente *tahtpossibleuder the Mw. This document was produced by Abu software al 18:0067 on 09112/2a06 under Order No.1000224710_2 which expires en 8129/2007. and S not tor resale. User Notes: (2602658684( 6 MIL related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shalt 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 2.82. § 2.6.52 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustment... to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompaniedby sufficient supporting data and infom7ation to permit the Architect to make a reasonable determination without extensive investigation or preparation of' additional drawings or specifications. If the Arahftea dete nuns that requested changes in the Wont 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. § 2.64.3 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 recenunetaiation to the Owner; who may authorize further investigation of such change. Upon such authorization, and based upon infonnadon'furnished by the Contractor, if any, the Architect shall estimate the additional 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 5A The Architect shall maintain records relative to changes in the Work. § 2i6.6 PROJECT GOIYPLETION § 2.16.1' 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 fins) Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents, § 2.6.62 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. § 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: (I) 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. ARTICLE 2.7 FACILITY OPERATION SERVICES § 27.1 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. § 2.7.2 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. ALA Document 11141m —1997 Part 2. Copyright 01917, 1926, 1948, 1951,1953, 1958, 1991, 1963, 1966, 1967, 1970, 1974, 1977, 1997 and 1997 by The American aesthete ofArrimeels. Alt rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction ardisetbutdn of this AIA Document, or any portion of 11, may result In severe civil and criminal penalties, and waibe prosecuted to the•matranum extant possible under the law. nee document was produced by MA software at 10:00n7 on 0 9/1220 0 8 under Order No.10002 24710 2 which expires cm 61292007, and is not for regale User Notes: (2602668864) Servkae Responsibllty (Architect, Owner or Not Provided) Location of Service Description .1 Programming OIA 2 Land Survey Services 0 .3 Oeatetht Sertices 0 A Spite lmv Diagrams 5 Existing Faia'lSesSurveys A .6 Fapnvntic Feasibility Studies .7 Site An and Selection OIA .8 ariyitombentai Studies and Reports .9 Oiti ier -Suepl led Data Cooddnation A 40 Satled* Development and Monitoring 11 Civil Design A .12 Landscape Design A 't5 InteriorDeerpt A 1 4' Spac ial Bidding or Negatietion .15 Vakre Analysis .t6 Detailed Cost Estimating A .17 On -Site Project Representation .18 Construction Management Init. 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 ( ) visits to the site by the Architect over the duration of the Project during construction. .3 up to ( ) 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. .4 up to ( ) inspections for any portion of the Work to determine final completion. § 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 otters 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 B741m -1997 Pad Z Copyright 01917,1926, (948.1951, 1953, 1958, 1961, 1963 1966, 1967,1970, 1974, 4977, 1967 and 1997 by The American Institute of Arcfdteca. AN rights reserved. WARNING: This MAe Document Is protected by U.S. Copyright Law and International Treaties. anaWhm(zed reproduction or dlsMtiuton otthis AIA° Domarrnt, or any portion of n, may resat In severe civn and criminal penalties, and win to prosecuted to the maximum Went possible under the law. This document was produced by AIA software at 111:00:07 on 0911212006 under Order No.1000224710_2 which expires on612912007, and is rotor resale. User Notes: (26026568644 8 Semites Responsibility (Architect, Owner or Not Provided} Location of Service Description .19 Start -up Assistance .20 Record bruins .21 Post- Contract Evacuation .22 Tenant - Related Services .23 .24 .25 Init. OWNER Description of Services. (Insert descriptions of the services designated.) ARTICLE Z9 MODIFICATIONS § 2.94 Modifications to this Stan as follows: 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 3141-1997, that was entered into by the parties as of the date:September . 2006 (Signature) Rick Gifford, KIS Manager (Primed name and title) Form of Architect's Services: Design and Contract Administration, if any, are ARCHITECT (Signature Tony Yorba, Principal in C (Printed name and title) MA Document 814t" -1997 Pert 2- Copyright V 1917, 1928, 1948, 1951, 1953, 1958, 1981.1983. 1986, 1967, 1970, 1974, 4977, 1987 and 1997 by The American institute of Archaean. All rights reserved. WARNING: This AFA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA Document, or any portion of It, may mull in nevem ctvtard ethernet penalties, and will be prosecuted le the maktmum extent possible under the Me. The document was produced by AA software at 109007 on 09/12,2006 under Order No,1000224710 2 which expires on 6Y29'2007, and Is not for resale. User Notes; (2802858884) 9 1 KodiakJsi uid Hnrnu^_h 71 _till 13a•. RcnJ Kodiak; A ItJ:a, 0 Id.LNumber: (907) 4N6-931 Fax Number: (9071•LM -93 and the Architect: (Name, address and other information) 7enscn A'orba Lott Inc 52'2 H10 Street luncdu. Alaska 9981)] 90717894520 ftnimimummmemmon The Owner and Architect agree as follows: AIA Document B141Th - 1997 Part Standard Form of Agreement Between Owner 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 September 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 Architect For the following Project: (Include detailed description of Project) K1 tSbV15 Scisn it L31 u adc J 1 nr o Lu td Yrujw Kodiak,A[a?ka. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have .fevised the text of the 'ori{ginal AIA standard form. 9An [Additions d:,(1 Deletions Report that notes added linfiormation as well as Previsions t_e the standard ifonr text i= = v from 'the author and _°ssuld be reviewed.- " This document has important legal consequences. Consultation...with an attorneris encouraged with respect toe -its 4Om,_etion 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 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. WAPNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alt Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximize 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 1.1 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 "0 be determined later by mutual agreement. § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) enoY.uiort and exp:uuiou of exisl tit the -K Suh J Rond!to- inciude: • ,. 'Kh1S`Seisriiic Upgrade •r I KI 1S Libre Scisinic Upgrade •,I P1C11S Gym C_tstitic Up •d dkRSIKMS Complex. IRMA - Roof Upgrade • ` KRS'ietuning- Ccnler - • • !1 11S l eta(or 1Lls ul Ilion and Window-Replacement •ii ;KHS Vocitiirual.E enter Kcmrvalion \. K1-1S Pod! Pee lt:u,"truf § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information. such as geotechnical _._.., reports about the site.) As defined ;' "_t .'Request lei Prop0 >al and KIN supplied Jr. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) e ':[ 1ur Prop lo he determined nsirig KIB supplied schedule a; d e ide ... iv U11c Coulpeti lye F3 d NalinientittEtar of cumpus. 72c Mill 4yeen1ent5:between DEFFD und KIB, and between TEMA and KIB § 1.1.2.4 The legal parameters are: (Identtfypertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictio A of the site) § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: ONNIONMIL .2 Amount of the Owner's budget for the Cost of the Work, excluding the Arcl4jtecr's compensation,. is: P § 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 6143 - 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 tights reserved. NAPPING: This Ala Document is protected by D.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA' Document, or any portion of it, may result i n civil x and criminal penalties, and will be prosecuted to the ma 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: (3376755067) 2 § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information) t W. Smith_ 1 Mmm_er 1 ingineering i Facil hies Dept Kodiak Island Borough 710 Mill 13av Road Kodiak, :Alaska 5 -6393 Phone:: (007)486 -4;41 Fax: .. _• ( 9 07)4S6 -9394 Ernail lsmlthp,kll: cu_kr ik u' affriieWalifreigNMEWCZNEVA § 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.) K1B Architectural Review Board 1:1 B School District AlaAa DcpCof Education S: Earl} FEMA ,(a "erifvl - .. § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) on) ;:lorba ensen'1' orha Lott,; Inc 22 AV..10" °Street - • uncut]: :A1iska 99 );0.1 0778 0 45_0 § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information) § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) § 1.1.4 Other important initial information is: and a); nce n tioteJ, ..(aauclsed)' . ? Pe ratrovich Nottingham.md Doric; Structural }!neir cet in 3 llospinJ 1)reivc. lun:uu Alasl.. RSA Inc . \leehanioal and Elec ictl &l_ utecrin ; 3 )2' \relic BI d. Anchor tue. 11a4 .a. 99503 1N 13, life; CoSL Enum3tine ;4105 Minnesota 1)rite_ Anon Tap:, 11a"la')0 03 arson I)oru Inc; P. nvirontnenu - il f:neincetinz. 71 U Str.)er I Une au, :A las ka. 9'1■(i § 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: AIA Document 3141a - 1997 Part 1. Copyright 0 1917, 1926, 1946, 1951, 1953, 1956, 1961, 1963, 1966, 1967, 197D, 1974, 1977, 1997 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 i n 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 g"° § 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 tpenibers of the Project team. _ § 1.2.2 OWNER F ... . § 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 E to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect tb 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 acf iifthe d "wits """"""" behalf with respect to the Project. The Owner or the Owner's Designated Representative shaltrender_decisions.in.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- orauthorize "° the Architect to furnish them as a Change in Services when such services are requested by the Amin anciare reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspectionsand repbrts.requ 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. ,. ed § 12.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes pare oftny fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Ipstruinents of Service.: § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall he as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with pt foro )aft itfhnnAtai "°"— 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 establishetl'1'r Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedulelshall include,,.__, allowances for periods of time required for the Owner's review, for the performance of the Oxvner''a no sultants, for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the €ArcJtitect or Owner. I § 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 designatedes- conftdential-hy-the----- -' Owner, unless withholding such information would violate the law, create the risk of significant harm to the public AIA Document 5141m - 1997 Part 1. Copyright 0 1917, 1926, 1946, 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 i n civil and criminal penalties, and will be prosecuted to the max 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) 4 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 Architects services. The Architect shall respond in the design of the Project to requirements imposed by governmental author §ies Staying jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of service anb 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 com the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. §13.12 The Cost of the Work shall include the cost at current market rates of labor and mdterials famished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including cosfili "— °" 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 § mpensation 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 § 1.311 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»Archittect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Se`rviee., 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 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 allkunts 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 iof Ibstrumentslof Service and shall return to the Architect within seven days of termination all originals and reproduction? in the Owners possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoirig.____._w....,w.,_ 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 permittS"ti'jT19'it rtnitfak7 "°" "'° °°°"'` 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 tranted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or diherwise transfer any license granted herein to another party without the prior written agreement of the Architect. HoM'ever, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and materia)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 consultantsl- The•Ownershall- •• have full use of the Instruments of Service for future additions or alterations to this Project. Any future use of the ASA 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 MA 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 tor resale. User Notes: (3376755867) 5 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 otlWgwise 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 table's, fonts and referenced drawings as applicable and " ITm [2] Drawings, calculations & specifications shall be provided in Adobe Acrobat (PDF 1.4 dr abovej -format ° °° § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architects eon uRants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mums y agreed in writing, if required by circumstances beyond the Architect's control, or if the Architects services ar6 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 isl`notjrequired, .he Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation4to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Atichithct shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursiible 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 _r. of Service; .f° 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, complexit3t 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 Agreemejnt shall beisubjeet 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 Architects services, the Aro' iitect may Proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to r4ohltion.of thematter.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 eoti traction,_ Industry Mediation Rules of the American Arbitration Association currently in effect. Request fdi mediatiq&tall 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 stayed pending med'iatidn for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties of coikrt 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. Agreenlents reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof —��- . ° » -�•••- ..••run -• -� ATA Document 8141. — 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1959, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1997 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIR` Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM' Document, or any portion of it, may result in civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software t 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. User Notes: 13376755867) § 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 acclirdance with the Construction Industry Arbitration Rules of the American Arbitration Association currently hi 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, dihpute°orother°matterirr° 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 bared 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 entitysought 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 alperson or entity, not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an .a....._ ,. additional person or entity duly consented to by parties to this Agreement shall be specifically en'`"forceabTe in °` " °' °' a,. accordance with applicable law in any court having jurisdiction thereof. Despite the language- ofSection_l 3..5.4 eitherparty may include the Contractor in any arbitration arising out of this Agreement to the extent allowed by the Contract for Construction. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be,entered up accordance with applicable law in any court having jurisdiction thereof. irin § 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 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be govemed by the law of the principal place of business of ti 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 A1A Document 4201/ General Conditions of the Contract for Construction, current as of the date of this Agreement. I I § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failure8 to€actshal be deemed-- to have accrued and the applicable statutes of limitations shall commence to run not later thrin either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completionliftlirdatetifirstianter 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 Architects services aresubstantlaliy, 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 ALA Document A201, General Conditions of the Contract for Construction, current as of the date ogthis 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, 1940, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A1A 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 i n ere civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.1000229710_2 which expires on 6/29/2007, and is not for resale. User Notes: (3376755067) 7 § 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 ofhe design of the Project among the Architect's promotional and professional materials. The Architect shall he 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 th4 Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner ahaihpravido- -- -�-- 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 stich 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 responsifpilities beyond the scope of this Agreement. ' § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors as gns and legal; representatives to the other party to this Agreement and to the partners, successors, assigns andflegal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the 4rchitect strallfassign this Agreement without the written consent of the other, except that the Owner may assign this'Went to an `— institutional lender providing fmancing for the Project. In such event, the lender shall assuri4 ' iguts and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' w 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 cordpel ated for services performed prior to termination, together with Reimbursable Expenses then due and all Ten4lina'tion Expenses as defined in Section 1.3.8.7. § 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, cquse'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 tlie^event on of services, the Architect shall have no liability to the Owner for delay or damage caused the Owne` because of suk, suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspensiotrand 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{{rresuiiied, the,Arhjtect shall be compensated for expenses incurred in the interruption and resumption of the Architect'p services. \Thi Architect's fees for the remaining services and the time schedules shall be equitably adjust d. § 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 Tess than seven days' written notice. en notice to the § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' 1 ittelfRaticl'h'8til8"ttfe ' — other party fail substantially to perform in accordance with the teens of this Agreement through no fault of the party initiating the termination. ASA Document 8141. - 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1956, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIR 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 i n civil and criminal penalties, a4 will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software t 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) § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directi 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 Architects statement of services. No deductions shall be made froThe Architects compensation on account of penalty, liquidated damages or other sums withheld from paynsents 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 service and include expenses incurred by the Architect and Architect's employees and consultants directly related to the ?rojectras-identified°m-° the following Clauses: .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 Pre et, .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 Projsct or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carri'edby ""-"`°_. the Architect and the Architect's consultants; e. .7 reimbursable expenses as designated in Section 1.5.5; .8 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 availableto 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 Project and the portion of the cost of their mandatory and customary contributions and benefits relatedthereto, 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 integratedjeement between the Owner and the Architect and supersedes all prior negotiations, representations Or agreements, e 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 B14t- 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 Architects scope of services) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: 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.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result i n 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 6/29/2001, and is not for resale. User NOtes: p3767558671 9 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 Reimbursable Expenses Contingency (10 %) Total Design Budget Total KIB G/L # DEED # ( ) times the amounts billed to the Architect for such services. Design Const Budget Budget KMS Seismic Upgrade 410 523 05022 $ 125,151 $ 985(4 .$ 1,25 m--- KHS Library Wing Seismic Upgrade 410 523 05022 $ 46,450 $ 334,050 $ ,464,500_ KHS Gym Seismic Upgrade 410 523 05022 $ 41,030 $ 30$,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 $ , 469,000 $ 523,504 KHS Leaming Center Renovation 420 515 05017 DR 04 122 $ 77,500 $ 960,000 $ 1,101,336 subtotal bond projects $ 414,173 $ 5,740163 $ 7,141, 648 $ 626,804 $ 40,000 $ 66,680 $ 733,484 § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensatiotrshall 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 Pxint"ip"d'lswnd employees, and identify Principals and classy employees, if required Identifr specific services torch particular methods of compensation apply) § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items inclu Reimbursable Expenses, the compensation shall be computed as a multiple of 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 Agreement shall be adjusted in accordance with their normal salary review practices. Total Budget $,368 .)9,267 - ---- in echonr5:51 ) times the expenses s fp,(lh • this ASA Document 8141° - 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1957 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result i n civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:25:30 on 07/10/2006 under Order No.10002247102 which expires on 6/29/2007, and is not for resale. UM Notes: (3376755867) 10 § 1.5.7 An initial payment of ' a ($ t ) 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. § 1.5.8 Pa ents are due and payable ( ) days from the date of the Architect's invoice. Amounts unpaid ( ° t ) days after the invoice date shall bear interest at the rate entered be/OW 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.) E E OWNER (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.) eement that have not been completes) wiy'hin shall be revised to mach the nation § 1.5.9 Compensation for services covered b this A months of the date of this contract, inflation This Agreement entered into as of the day and year first written above. (Printed name and title) ARCHITECT (Printed name and title) 46) rat of AIA Document 8141" - 1997 Past 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) 11 2 AIA Document B141" - 1997 Part Standard Form of .Architect's Services: Design and Contract Administration 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 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. (ADDITIONS AND - DELETIONS: IThe author of this document lhasi added information ineeded for itsicompletion. ■ The:. author may;also have I rev>.sed the'ter`£ orthe' `Griginal -kiA -stand .] form: An Additions and Deletions„, Report that notes addeir information as^'we1 l revis,j,orr5 to tjse standard rfOim t9.stMis available from Ithe"au ox and 3hotild be reViawed This document "°has important legal consequences. "•...,,, Consultation with an at,totney is encouraged'°with respecA -Lq its cgmpletior '' Aor'odificatioil 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 0141w - 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) § 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 pf 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 theiCost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the wner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in makin suelradjvstmemr - -- -- -- ° -- § 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 die Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's method's 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'aiidlypes or ----- — construction are to be included in the Contract Documents; to make reasonable adjustmentsan.thescopeof he m_._..__......_ 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 that budget shall be increased accordingly. § 2.11.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the.Coiistruction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect clangesin.[he 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; 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 Costdf the Work.; § 2.1 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 limitof the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance..txiththis.. ,... 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 requireirterts. § 2.2.1.2 The Owner shall famish 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 iufonnation 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 -sire: • •- -- --- locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and AIA Document 0141m - 1997 Part 2. Copyright O 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.1000196856_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 famish 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 xviththe I equir.,nitinis 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'udget for the Cost of the Work. j t § 2.3.3 The Architect shall review the Owner's proposed method of contracting for constructionmservices and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and tiite 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 =up'on program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptuerdesiglt_oft1ie Project illustrating the scale and relationship of the Project components. The Schematic Design Docuthentsshall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations.A't -the Architects ; 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 sfialkbe 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 Docum iiu_strate and describe the refinement of the design of the Project, establishing the scope, relationships, fc)rm, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. ;fie 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 Desigd DeVelfipYh tSC° " ° ° """"""'"" 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 ° ° " ----- Specifications that establish in detail the quality levels of materials and systems required for Ms-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 describese 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 and Specifications and may include bidding requirements and sample forms. AIA Document 5141' - 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.1000198656_1 which expires on 9/19/2006, and is not for resale. User Notes: (1700504628) 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 deterngnation 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. 1 § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract form Supplementary Conditions, Specifications and Drawings General -Conditions°and— °-- § 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. S § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents tell r4pective bidders and request their return upon completion of the bidding process. The Architect shall maintain agog bf 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 shaft' prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 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. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provid 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 con the opening, df the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the § 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 thekcost of reproduction 9r shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selections nterviews with prospective contractors. = [ § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the ProposallrettitFf`ents, a inlfa11`"`°' 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 pros e tj„y y contractors. The Architect shall subsequently prepare a summary report of the negotiation re by the-,„ Owner. iific atjonsta nd ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION E � ' § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner andlthe Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contractlfor Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as -part'ofthe •• -••• • - -- AIA Document B141m - 1997 Part 2. Copyright 0 1917, 1926, 1940, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This MR' 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 r 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: 117005896281 4 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 Os ier during, the,provision of the Contract Administration Services. The Architect shall have authority to act on behald 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 3.6 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 fof additional information about the Contract Documents. A properly prepared request for additional information abotht the Contrac !' Documents shall be in a form prepared or approved by the Architect and shall include a detailed written s atement 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,.reproduceand: 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 Architects 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' w from the Contract Documents and shall be in writing or in the form of drawings. When making suchinterpretationa 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 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 nialtora relating t a sthotic cffcct shall b final if c nsistont with the intent xpr ssed in tho C ntrnct 13 cumcnts § 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 $tags of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2 8, (f) rally familiar with and to keep the Owner informed about the progress and quality oft the portion of the Work completed, with Droner documentation (2) to endeavor to guard the Owner against defects ffl flbYdtibler'ilt"ttfd' " "" 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 pot he'regniredxo�, make exhaustive or continuous on -site inspections to check the quality or quantity of the Work, fhe hitect 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 note 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 liave'i ontrolroveror -- AIA Document 9141° - 1997 Part 2. Copyright O 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 ALA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA Docw,nt, 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: 11700584628) 5 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 Co act 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 nr nbt such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a de1isicJn made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility df 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 Architects 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 it Contractor's Application for Payment, that the Work has progressed to the point indicated aid thaf 6 hhie best' offlie ° ° "" Architect's knowledge, information and belief, the quality of the Work is in accordance wi _ ._ _....w _.,.ave.... 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(f)`made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) rev ewpd 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 accountLof the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS f § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's suhmiffals_. such as Shop Drawings, Product Data and Samples, but only for the limited purpose of the €king 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 lofthe Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment tp.pp, it negaate_.,._.w,m_. m_. 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 install3tiod"6 hntE"Bf " " - " °' °` equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architects review shall not constitute approval of safety precautions or, unless otherwise'--- specifically stated by the Architect, of any construction means, methods, techniques, sequences$ procedures, The Architect's approval of a specific item shall not indicate approval of an assembly of which the'itemeis a component:' § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the 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— related to the Work designed or certified by the design professional retained by the Contractor shall bear such AIA Document 8141w - 1997 Part 2. Copyright 0 1917, 1926, 1940, 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 Ale Document, or any portion of it, may result in severe civil and criminal penalties, and mill 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: (17005846281 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 m l d'sdrichanges 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.$2.'. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contra tul fui changes imthe ° j' Work, including adjustments to the Contract Sum or Contract Time. A properly prepared requt 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 drawbigsior specifications. If the Architect determines that requested changes in the Work are not materially different fromt ie requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work j 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 Arhhitect shall make ia recommendation to the Owner, who may authorize further investigation of such change. Upon such autha`rizaiion, and based upon information fumished by the Contractor, if any, the Architect shall estimate the a'd"diitiooria cost`an3° " "" time that might result from such change, including any additional costs attributable to a Ch6ugemiaserv.icesofthe 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. balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay fo completion or correction of the Work. I § 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 review and records, written warranties and related documents required by the Contract Documents and assembleelPhy the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representativetatheck 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. ( § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about' the final § 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) d'ffidSVit3; t 1PtL; °'"° releases and waivers of liens or bonds indemnifying the Owner against liens. 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. § 2.7.2 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 9141.' - 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 AIR' Document is protected by Us. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in evere civil and criminal penalties, and will be prosecuted to the ma 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: 117005846281 7 Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .1 Programming O/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 O/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 M ( ) visits to the site by the Architect over the duration of the Project during construction. .3 up to a ( ) 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 Cionttact Documents. .4 up to ( ) inspections for any portion of the Work to determine final nonipletion § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect 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,rfielji condition other Owner - provided information, Contractor - prepared coordination drawings, of prier Project correspondence or documentation; 1 .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 cr other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consiiltants or ..__ __. others in connection with the Work; 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 proposedby°the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantl t Completion of the Work. § 2.8. AIA Document 8141" - 1997 Part 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 nd 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ala Document, or any portion of it, may result in civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA severe r 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. - 11700584626) 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.) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract A41miristration, ifany, are as follows: By its execution, this Standard Form of Architect's Services: Design and Contract Adminisfrati©n and norlifications 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 dater; ®, OWNER (Printed name and title) ARCHITECT (Printed name and title) AIA Document 13141m - 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 cavil 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) N C O O N w L i- C O O) U O •- w • O E RI � ceaio i. c c O D E •eY = N 7Et ca ` O m 2 O 3 , o U C a) 0 E O U co m 2 f 0 0 U (0 4) C) photo Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Assembly Approval of Refund of Taxes Paid Under Protest Per AS 29.45.500(A) THIS AGENDA ITEM WAS POSTPONED FROM THE LAST MEETING. Please see attached memo. APPROVAL FOR AGENDA: Recommended motion: Move to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer. Item No. 12.B 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 hut 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 payment 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 AGENDA STATEMENT Regular Meeting of September 21, 2006 Item No. 12.0 Ordinance No. FY2007 -09 Reconsideration of 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. Assembly members Jeffrey and Ranney filed a reconsideration affidavit on September 8, 2006. Attached is KIBC section 2.17.070 regarding reconsideration. APPROVAL FOR AGENDA: saK Recommended motion: Move to reconsider the action taken on Ordinance No. FY2007 -09. RECONSIDERATION AFFIDAVIT I, _ )11Lt? (C , having voted on the prevailing side, file my intent to reconsider the vote taken on 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 on September 14, 2006. Y / Signature SUBSCRIBED AND SWORN to before me this 8th day of September, 2006. FILED with the Kodiak Island Borough Clerk this Notary Public In and rorAlask / My Commission Expires: Q / GO Igo) a_ Arias , file my intent to second the reconsideration of the vote taken on Ordinance No. FY2007 ' 9 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 on September 7' 2006. Signature /_ ^^ � ., SUBSCRIBED AND SWORN to before me this day of 9✓�'�"r� ^ 1" , 2006. No Pub is In and FOr Alaska My Commission Expires: C day of }JmJM w .fadith A. Nielsee., CMC,/ Borough Clerk , 2006. KIBC 2.17.070 A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assemblymember may make a motion to reconsider only if: 1. the assemblymember voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assemblymembers voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assemblymember who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and RECONSIDERATION AFFIDAVIT 1, S e :IC having voted on the prevailing side, file my? intent to reconsider the vote taken o 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 on Septembers, 2006. ;,z t.c NOTARY PUBLIC FILED with the Kodiak Island Borough Clerk this Borough Clerk SUBSCRIBED AND SWORN to before me this 8th day of September, 2006. Notary Public In and ' or Alaska ! My Commission Expires: esQ e, Signature SUBSCRIBED AND SWORN to before me this r 1.41 day of 9freiller, 2006. C I)Ant ' i ditl on- Iv �� Ju , CMC s �P Mk a. n na , file my intent to second the reconsideration of the vote taken on Ordinance No. FY2007 ' 9 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 on September 2006. NofarjY Pub bic In and Fr Alaska � My Commission Expires: day of C" ,. . " li'' , 2006. 1- 2 -19 2.17.070 1. the assemblymember voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assemblymembers voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assemblymember who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. the assemblymember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two- thirds (2/3) vote to carry; or 3. tw. - - -no -1 be de with the clerk, not later than 5:00 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assemblymember can file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. $uch a motion for reconsideration requires a tl vote to c . An assembly meeting which is recessed and reconnvv ned - orra different a constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one (1) motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. 0. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except: 1. when the question could be reached by a motion to reconsider; 2. when something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment. (The unexecuted part of an action, however, can be rescinded); 3. when the matter is in the nature of a contract, and the other party has been informed of the vote; or 4. when a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion. A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one (1) motion to rescind on a question. if the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. (Ord. 03 -06 §2(part), 2003; Ord. 02 -16 §4, 2002; Ord. 98 -02 §4 (part), 1998; Ord. 90-48 §3, 1991; Ord. 90 -12 §2, 1990; Ord. 87 -11 -0 §3, 1987; Ord. 86-13 - 0(A) §3(part), 1986; Ord. 79 -11 -0 (part), 1979). (KIB 12/05) Supp. #44 KODIAK ISLAND BOROUGH Ordinance No. FY2007 -09 Introduced by: Requested by: Drafted by: Introduced: Failed: Reconsideration: Adopted: Manager Gifford Assembly member Ranney Finance Director 9/7/2006 09/21 /2006 09/21/2006 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 is 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 is 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 21, 2006 Recommended motion: Move to adopt Ordinance No. FY2006 -09A. Item No. 13.C.1 Ordinance No. FY2006 -09A Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration Tax By Adding Section 3.32.040 Annual Fee Imposed on Commercial Plates. State of Alaska, Department of Motor Vehicles requires commercial vehicles to have an option to renew annually. In order to encourage a bi- annual renewal annual commercial renewals will pay $20 more per year. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -09A Introduced by: Manager Gifford Requested by Manager Gifford Drafted by Finance Department Introduced: 09 /21/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.32 MOTOR VEHICLE REGISTRATION AND TAX BY ADDING SECTION 3.32.040 ANNUAL FEE IMPOSED ON COMMERCIAL PLATES WHEREAS, in Ordinance 79 -42 -0, and recorded in the borough code section 3.32.010 coverage was elected under the biannual motor vehicle registration tax in lieu of ad valorem property tax as established in AS 28.10.431; and WHEREAS, the State Department of Motor Vehicles notified the Borough Finance department in August, 2006, that all commercial vehicle renewal must also be allowed the option to pay annually; NOW, THEREFORE, BE IT RESOLVED 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 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.040 Annual Fee Imposed on Commercial Plates is hereby added as follows: Sections: Kodiak Island Borough Chapter 3.32 MOTOR VEHICLE REGISTRATION TAX 3.32.010 Established. 3.32.020 Allocation. 3.32.030 Fee imposed. 32.32.040 Annual fee imposed on commercial plates. 3.32.010 Established. The borough hereby elects coverage under th bi -a ual motor vehicle registration tax established in AS 28.10.431 et seq. 3.32.020 Allocation. The use of the motor vehicle registration tax is allocated to the area wide school system. Ordinance No. FY2006 -09A Page 1 of 2 3.32.030 Fee imposed. The rate imposed is reflected on the following table: Year's old 1 2 3 4 5 6 7 8 9 Proposed rate for 2007 2007 2006 2005 2004 2003 2002 2001 2000 1999< A Psgr, MH,PK $140 $140 $120 $100 $ 80 $ 60 $ 50 $ 40 $ 30 B Motorcycle & Non -Comm Trlr 20 20 18 16 14 12 10 10 10 C Taxi & Commercial 0 - 5000 lbs 150 150 130 110 90 70 60 50 40 D Tour Buss & Comm 5,001 - 12,000 Ibs 200 200 180 160 140 120 100 75 50 E Commercial 12,001 - 18,000 Ibs 450 450 410 370 330 290 250 230 210 F Commercial 18,001 & over 550 550 500 450 400 350 300 250 220 G Dealer 100 100 100 100 100 100 100 100 100 3.32.040 Annual fee imposed on commercial plates. Commercial rates may be paid annually by paying one -half (1/2) of the amount shown above and adding twenty dollars ($20.00) amount reflected above. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2006 -09A Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Item No. 13.C.2 Ordinance No. 2007-01B Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Main Elementary School Playground Equipment, Proposed ADF &G Near Island Facility, Island Lake Trail Upgrade, School Facilities Seismic Repairs and Upgrades, and Tsunami Sirens, Upgrades, Replacements, Additions. The purpose of this action is to accept Legislative grants for fiscal year 2007 from the State of Alaska Department of Commerce, Community and Economic Development for the grants and amounts listed below: FY2007 Designated Legislative Grant #07 -DC -325 - Main Elementary School Playground Equipment in the amount of $25,000 FY2007 Designated Legislative Grant #07 -DC -510 - Proposed ADF &G Near Island Facility in the amount of $500,000 FY2007 Designated Legislative Grant #07 -DC -323 - Island Lake Trail Upgrade in the amount of $48,000 FY2007 Designated Legislative Grant #07-DC-328 — School Facilities Seismic Repairs and Upgrades in the amount of $910,000 FY2007 Designated Legislative Grant #07 -DC -329 — Tsunami Sirens, Upgrades, Replacements, Additions in the amount of $100,000 APPROVAL FOR AGENDA: tee Recommended motion: Move to adopt Ordinance No. 2007 -01B. ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01B Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 09/21/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2007 -01 FISCAL YEAR 2007 BUDGET BY ACCEPTING AND APPROPRIATING STATE LEGISLATIVE GRANTS FOR THE MAIN ELEMENTARY SCHOOL PLAYGROUND EQUIPMENT, PROPOSED ADF &G NEAR ISLAND FACILITY, ISLAND LAKE TRAIL UPGRADE, SCHOOL FACILITIES SEISMIC REPAIRS AND UPGRADES, AND TSUNAMI SIRENS, UPGRADES, REPLACEMENTS, ADDITIONS WHEREAS, the Kodiak Island Borough submitted the FY2006 Capital Improvement Project list to the State Legislature; and WHEREAS, various projects were funded through the Legislative Capital Grant program; 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 $1,583,000 from the Alaska Department of Commerce, Community, and Economic Development 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, for the following projects: FY2007 Designated Legislative Grant#07 -DC -325 - Main Elementary School Playground Equipment in the amount of $25,000 FY2007 Designated Legislative Grant #07 -DC -510 - Proposed ADF &G Near Island Facility in the amount of $500,000 FY2007 Designated Legislative Grant #07 -DC -323 - Island Lake Trail Upgrade in the amount of $48,000 FY2007 Designated Legislative Grant #07 -DC -328 — School Facilities Seismic Repairs and Upgrades in the amount of $910,000 FY2007 Designated Legislative Grant #07 -DC -329 — Tsunami Sirens, Upgrades, Replacements, Additions in the amount of $100,000 SECTION 3: These funds in the amount of $1,583,000 are appropriated as follows: $ 1.583.000 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 Kodiak Island Borough, Alaska Ordinance No. FY2007 -01B Page 1 of 1 August 23, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Dear Mr. Cassidy: Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy - Grants Section Q RE: FY 2007 Designated Legislative Grant # 07 -DC -323 Island Lake Trail Upgrade k6) Sack y / Frank H. Murkowski, Governor �/ ' \/ William C. Noll, Commissioner Michael Black, Director 0 6 pa CEO Do1-U Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http : / /www.commerce.state.ak.us /dca � �vnunpy �a x Designated Legislative Grant Program Grant Agreement Grant Agreement Number 07 -DC -323 Amount of State Funds $48,000.00 Collocation Code(s) 8179561 Encumbrance Number /AR/Lapse Date / 10491 / 6/30/2011 Project Title Island Lake Trail Upgrade Grantee Department' Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City/State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City/State /Zip Juneau, AK 99811 -0809 Phone 907- 486 -9343 Fax 907 -486 -9343 Phone 465 -4731 I Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $48.000.00. Section II. The Grantee shall perform all of the work required by this Agreement. III. The to be under this agreement begins July 1, 2006 and shall be completed no later than June 30 Section work performed 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: pl , Cost Category Grant Funds Total Project Cost Program Funds $48,000.00 $48,000.00 2. Project Budget Rev. 4/2006 Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $48,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 14] is to provide funding to the Kodiak Island Borough for use towards the Island Lake Trail Upgrade. This project may include, but is not limited to. upgrade and improvements along the Island lake Trail. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Designated Legislative Grant Agreement Attachment A Page l aft 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City govemment via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the teens and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial /Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 August 24, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -325 Main Elementary School Playground Equipment Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available Please contact me if you have any questions. Sincerely Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowske', Governor William C. Noll, Commissioner Michael Black, Director PV P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465-5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http . / /www.commexce.state.ak.us /dca Designated Legislative Grant Program Grant Agreement of Alcov Grant Agreement Number 07 -DC -325 Amount of State Funds $25,000.00 Collocation Code(s) 8179563 Encumbrance Number /AR/Lapse Date / 10493 / 6/30/2011 Project Title Main Elementary School Playground Equipment Gr antee Department c3ontact Pelson:" Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City/State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City/State /Zip Juneau, AK 99811 -0809 Phone 486 -9343 Fax I 907-486-9394 Phone 465-4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $25,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be under this agreement begins July 1, 2006 and shall be completed no later than June 30, performed 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Tittle Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: Cost Category Grant Funds Total Project Cost Program Funds 525,000.00 $25,000.00 1. Project Description 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The purpose of this FY 2007 Designated Legislative Grant in the amount of $25,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section I, Page 40, and Line 19] is to provide funding to the Kodiak Island Borough for use towards the Main Elementary School Playground Equipment. This project may include, but is not limited to, the purchase of playground equipment for the Main Elementary School. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 August 23, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -328 School Facilities Seismic Repairs and Upgrades Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available Please contact me if you have any questions. Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http . / /www.commerce.state.ak.us /dca c crag U = r» Designated Legislative Grant Program Grant Agreement V * fie OfA'� Grant Agreement Number 07 -DC -328 Amount of State Funds $910,000.00 Collocation Code(s) 8179566 Encumbrance Number /AR/Lapse Date / 10496 / 6/30/2011 Project Title School Facilities Seismic Repairs and Upgrades Grantee "' -'Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City /State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City /State /Zip Juneau, AK 99811 -0809 Phone 907 -486 -9343 Fax 907 -486 -9343 Phone 465-4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter 'Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $910.000.00. Section II. The Grantee shall perform all of the work required by this Agreement. this begins July 1, 2006 and shall be completed no later than June 30 Section III. The work to be performed under agreement 2011. Section IV. The agreement consists of this page and the following: APPENDICES ATTACHMENTS Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee _ Departm Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: Cost Category Grant Funds Total Project Cost Program Funds 5910,000.00 $910,000.00 2. Project Budget Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $910,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 29] is to provide funding to the Kodiak Island Borough for use towards the School Facilities Seismic Repairs & Upgrades. Thi nroiect may include. but is not limited to. repair and upgrade the various seismic deficiencies within the Kodiak Island Borough school district. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Gran( Agreement Attachment A Page I a12 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 August 24, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -329 Tsunami Sirens, Upgrades, Replacements, Additions Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2. Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. Robin Park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_ park @commerce.state.ak.us Website: http: / /www.commerce.state.ak.us /dca Gptnmu914: ' x x U; x Designated Legislative Grant Program Grant Agreement 1 km. of AMMO Grant Agreement Number 07 -DC -329 Amount of State Funds $100,000.00 Collocation Code(s) 8179567 Encumbrance Number /AR/Lapse Date / 10497 / 6/30/2011 Project Title Tsunami Sirens, Upgrades, Replacements, Additions Grantee Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City /State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City /State /Zip Juneau, AK 99811 -0809 Phone 907 - 486 -9343 I Fax 907 486 -9394 Phone 465 -4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Boroudh (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $100,000.00. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under this agreement begins July 1, 2006 and shall be completed no later than June 30 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: i1I.� Cost Category Grant Funds Total Project Cost Program Funds $100,000.00 $100,000.00 2. Project Budget Attachment A Scope of Work 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $100,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40, and Line 32] is to provide funding to the Kodiak Island Borough for use towards the Tsunami Sirens, Upgrades, Replacements, Additions. This project may include, but is not limited to, repair /replacement/upgrades to the Tsunami Sirens located throughout the Borough. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 of 2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of 2 Cost Category Grant Funds Total Project Cost Program Funds $500,000.00 $500,000.00 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $500,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82 Section 4, Page 119 and Line 28] is to provide funding to the Kodiak Island Borough for use towards the Near Island Facility. This project may include, but is not limited to, property acquisition, site investigation, design and construction of a new Alaska Fish & Game Facility. No more than five percent (5 %) of the total grant award may be reimbursed for Administrative expenses for projects involving equipment purchase or repairs and no more than ten percent (10 %) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Financial/Progress Report form. 2. Project Budget 3. Budget Narrative Attachment A Scope of Work The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 1 oj2 4. Project Management/Reporting This project will be managed by the Grantee. If the Grantee is a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Mayor. The Mayor may delegate signatory authority for 'executing the Grant Agreement and amendments to others within the City government via the Signatory Authority Form. The Mayor may also designate financial and progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the City government, unless otherwise approved by the Department. If the Grantee is not a City, signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the Chief Executive Officer (CEO). The CEO may delegate authority for executing the Grant Agreement and amendments to others within the Grantee's organization via the Signatory Authority Form. The CEO may also designate fmancial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in the subsequent revocation of the grant and any balance of funds under the grant. It may also result in the Grantee being required to return such amounts to the State. The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form (see attached) each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the fast day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. 5. Grant Forms Packet The following page, which includes the Designated Legislative Grant Financial/Progress Report Form, is to be used by the Grantee for monthly /quarterly reporting. Additional copies of this form are available from the Department, electronically or in hard copy. Rev. 4/2006 Designated Legislative Grant Agreement Attachment A Page 2 of2 August 24, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -510 Near Island Facility Dear Mr. Cassidy: Enclosed are four copies of the above referenced grant agreement. Once you have reviewed the agreement and approved its contents, please follow the instructions below: 1. Obtain signatures on all four grant agreements by an Authorized Signer. 2 Mail three signed grant agreements to my attention. 3. Retain one signed grant agreement for your files. A fully executed grant agreement will be mailed to you when available. Please contact me if you have any questions. erely,, Ro.I park Grants Administrator D E P A R T M E N T O F COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director P u P.O. Box 110809, Juneau, Alaska 99811 -0809 Telephone: (907) 465 -4731 Fax: (907) 465 -5867 Text Telephone: (907) 465 -5437 Email: robin_park @commerce.state.ak.us Website: http. / /www.commerce.state.ak.us /dca µx x 0 Designated Legislative Grant Program Grant Agreement x '�aewnw� °» Grant Agreement Number 07 -DC -510 Amount of State Funds $500,000.00 Collocation Code(s) 8179750 Encumbrance Number /AR/Lapse Date / 10680 / 6/30/2011 Project Title Near Island Facility Grantee Department Contact Person Name Kodiak Island Borough Name Robin Park Street/PO Box 710 Mill Bay Road Title Grants Administrator City /State /Zip Kodiak AK 99615 Street/PO Box PO Box 110809 Contact Person Rick Gifford, Borough Manager City /State /Zip Juneau, AK 99811 -0809 Phone 907 -486 -9343 Fax 907 -486 -9394 Phone 465 -4731 Fax 465 -5867 AGREEMENT The Alaska Department of Commerce, Community and Economic Development, Division of Community Advocacy (hereinafter `Department') and Kodiak Island Borough (hereinafter `Grantee') agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $500.000.00. Section II. The Grantee shall perform all of the work required by this Agreement. be this agreement begins July 1, 2006 and shall be completed no later than June 30, Section III. The work to performed under 2011. Section IV. The agreement consists of this page and the following: ATTACHMENTS APPENDICES Attachment A: Scope of Work Appendix A: Audit Regulations 1. Project Description Appendix B: Audit Compliance Supplement 2. Project Budget Appendix B2: Indemnity and Insurance 3. Project Narrative Appendix C: State Laws and Regulations 4. Project Management/Reporting Appendix D: Special Requirements and Assurances for 5. Forms Packet Federally Funded Projects (if applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Fire Marshal Review AMENDMENTS: Any fully executed amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Rick Gifford, Borough Manager Printed Name and Title Melanie Greer, Grants Administrator III Date Date Reviewed by: ��� Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Recommended motion: Move to adopt Ordinance No. 2007-01C. Item No. 13.C.3 Ordinance No. 2007 -01C Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $455,000 for the Seismic Retrofit of the Kodiak High School Library Wing. 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 Veteran Affairs, Division of Homeland Security and Emergency Management in the amount of $455,000. These funds will pay for the seismic retrofit of the Kodiak High School Library wing. The seismic vulnerability evaluation, performed by structural engineers, identified major structural deficiencies in this building. APPROVAL FOR AGENDA: ,So{ KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01C Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 09/21 /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 $455,000 FOR THE SEISMIC RETROFIT OF THE KODIAK HIGH SCHOOL LIBRARY WING WHEREAS, the Borough voters approved the review of Borough owned school facilities for seismic vulnerability; and WHEREAS, the Borough hired a structural engineer to review building plans and conduct a seismic evaluation of these facilities; and WHEREAS, the Kodiak High School Library wing was found not to be properly reinforced and braced; and WHEREAS, an application to the State of Alaska Hazard Mitigation Grant (HGMP) program was submitted to address Kodiak High School Library wing 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 $455,000 from the Alaska 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 $1,583,000 are appropriated as follows: $ 455.000 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 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -01C Page 1 of 1 Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford, del:rss:ewb r r l Enclosures: 2 Grant Agreements Sub - Grantee's Handbook CD of Sub - Grantee Forms A `. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT August 22, 2006 Enclosed is the grant agreement for the Kodiak High School Library Wing seismic retrofit you applied for. The total awarded amount for this project is $455,508. You will find the terms of the grant and procedures to follow in the administration of the grant on the agreement itself and in the included Sub - Grantee's Handbook. For your convenience, I have also included a CD with electronic copies of all of the forms you may need in relation to this grant. 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 grants administrator, Elizabet Bernhardt, after signing it and initialing the third page. If you have any questions, please contact Ms. Bernhardt at (907) 428 -7078 or elizabet_bemhardt@ak- prepared.com. Sincerely, I David E. Liebersbach Governor's Authorized Representative K \Plans Preparedness \Mitigation \158 Kaktovik \1584 -0003 Kodiak Island Borough High School Library grant agreement coverletter.doc FRANKMURKOWSKI, 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 AUG 252006 J KIB MANAGER 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award 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 Division of Homeland Emergency Management P.O. Box Fort Richardson, Alaska www.ak- preaared.com and Veterans Affairs Security and 5750 99505 -5750 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 17, 2006 10. Method of Payment: Electronic Funds Transfer 11. Grant Award and Deliverables (See following two pages and Sub - Grantees' Handbook) Seismic Retrofit of the Kodiak High School Library Wing as described in the agreed upon application. Grant Amount: $455,508 Estimated administrative allowance (see also 11.13 below):$10,110 Total Awarded Amount: $465,618 Grant # 1584.0003 12. Special Conditions: Grant funds will not be reimbursed until these conditions have been met. sae Attachment 1 RApplicable See attached FEMA award letter for special conditions. 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 retum 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: Karleton 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 HUE ignatory Official (Name nd Title) David E. Liebersbach, Governor's Authorized Representative Date X \Plans Prepartdness`.Miiigairod1584 04 Kaktovik. 1584 -0003 Kodiak Island Borough High School Library 1584 -0003 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. 1584.0003 Revised Jan 2006 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Item No. 13.D.1 Appointments to the Mission Lake Tidegate Service Area Board. Per KIBC 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three (3) members appointed by the assembly. Currently, all the seats are vacant on this board. Marian Johnson and Norman Sutliff submitted their applications. APPROVAL FOR AGENDA: 4/ Recommended motion: Move to appoint Marian Johnson for a term to expire and Norman Sutliff for a term to expire to the Mission Lake Tidegate Service Area Board. Revision date: 03/16/2006 Revised by: jb KODIAK ISLAND BOROUGH Name Term Home Phone Work Phone Vacant 2008 2007 Vacant Vacant Staff: Bud Cassidy, Engineering and Facilities Director 2006 Email 486 -9343 bcassidy @kib.co.kodiak.ak.us BOARD APPLICATION ` gyp' NAME: /g d re4 �f` Ala ) STREET ADDRESS: MAILING ADDRESS: HOME PHONE: 4-g 5 7/ WO PHONEght23 77 E -MAIL: ` f k,H . Q Vic /v LENGTH OF RESIDENCE IN KODIAK: / ' `7 21) 2 < IN ALASKA: 1 ARE YOU A REGISTERED VOTER IN KODIAK ? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: /' A /si J. / — PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: 3. Signatur Voter ID No Verified B y t Applicant's Residence; City ( ) Date Appointed: Term Expires on: Comments: KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLE 710 MILL BAY ROAD KODIAK, ALASKA 99615 PHONE: (907) 486 -9310 FAX: (907) 486 -9391 EMAIL:jnielsen @kib.co.kodiak d-/` 5 in, de_aLO,- 4. Date - STAFF USE ONLY YES kr YES Or us tE JUN 2 7 2006 BOROUGH CLERK'S OFFICE NO() NO() I AM INTERESTED � SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) I. fit leas. /, ."1 // 2. ALA%. I !�1Ii e 7c 0 o A resume or letter o Interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Documentation: Appointment Letter: Roster Oath 01 Office: Financial Disclosure: 08/31/2006 _10:45 „ zwusaa I$salq Dw(U O / CO/ LwuO L;QO.O! t BOARD APPLICATION NAME: //grn • Saf li HOME PHONE: ,46 ` & ' WORK: AREA OF EXPERTISE AND/OR EDUCATION: 1. me 4• _4 3, f 1 Si tar ro n.verkary C41 tlrminici..Q�, Nile ♦MYnM TPMNw1.n_ Umne lows. vv4 1 Kodiak Island Borough Office alike Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone .(907)486.9310 Fax (907) 486 -9391 EMAIL: njavinr(gkib.ca.kodiak.ak.us 486892 EC E4VoiJ P;1I1 AUG 3 2006 BOROUGH CLERK'S OFFICE E -MAIL: • . STREET ADDRESS' n 2 Thripi''" L/2 i�& idliqji ni'1 Lae* e MAILING ADDRESS: Po �� ab9 LENGTH OF RESIDENCE IN KODIAK: re5i(f ltec IN ALASKA: (o yarn ARE YOU A REGISTERED VOTER IN KODIAK? YES Ni NO ( ) ARE YOU A PROPERTY OWNER IN KODLAK? YES pc) NO ( ) COMMUNITY ACTIVITIES: etc, J Mann r Call Cm in r i PROFESSIONAL ACTIVITIES:c /. t7cPs ROrd ware. I AM INTERESTED IN SERVING ON THE FOLLOWING EOARD(S) (Litt in order' Of preference) 2 . S- al- No Date A restme orlbtterof interest:ley be attached. buts not re t tree). This app ieete• •kl be kept on Nu krone »4r. Meese ream the appllpaton by the a; .geed deedlbe. 40KP Vet ONLY. D.DeOnW,T Umenn ttr oee !min rmem[buerre Kodiak Island Borough AGENDA STATEMENT Regular Meeting of September 21, 2006 Item No. 13.D.2 October 3, 2006 Regular Municipal Election Workers. Attached is the listing of election workers for the October 3, 2006 Regular Municipal Election. APPROVAL FOR AGENDA: .6 Recommended motion: Move to approve the regular municipal election workers as submitted by the Borough Election Supervisor. TO . FROM : DATE : RE. . MEMORANDUM Kodiak Island Borough Assembly Nova M. Javier, CMC, Borough Clerk September 8, 2006 Regular Municipal Election - October 3, 2006 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 3, 2006 Regular Municipal Election. KODIAK NO. 1 PRECINT NO. 618 Chair Victoria Mackey Judge Merle Powell Judge Justine Hartman Judge Gloria Selby Relief Linda Ross Relief Gretchen Saupe Translator Vangie Estelle Translator Alma Pagsolingan MISSION ROAD Chair Judge Judge Judge Judge Judge CAPE CHINIAK Chair Judge Judge Judge Judge Alternate OLD HARBOR Chair Judge Judge Judge PORT LIONS Chair Judge Judge Judge PRECINCT NO. 622 Mike Marion David Blacketer Linda Madsen Gary Byers Chad Burnside Sue Byers PRECINCT NO. 605 Deborrah Henderson Judith Wood Diane Patterson Susan Patterson Jane Williams - Wheeler Mary Joe Lewis PRECINCT NO. 625 Wilmer Andrewvitch Justina Ignatin Anna Nestic Ramona Erickson PRECINCT NO. 645 Diane Cole Janet Thomsen Lisa Robustellini Sheila Biehl RECEIVING BOARD / HAND COUNT BOARD Angela McFarland Heather Fincher Judy Fine Gail Otto KODIAK NO. 2 Chair Judge Judge Judge Judge Relief Translator Translator FLATS Chair Judge Judge Judge Relief Relief Relief LARSEN BAY Chair Judge Judge Judge OUZINKIE Chair Judge Judge Judge ACCUVOTE BOARD Supervisor Coordinator Coordinator Coordinator Coordinator Coordinator CANVASS BOARD Kate Loewen Lynn Furin Karen Still Sally Haldewang PRECINCT NO. 620 Greg Wallace Sonia Downing Carol Wandersee Jessica Goss Cindy Rossiter Jeannie Grothe Delia Aspiras Christina Utter PRECINCT NO. 608 Robin Stevens Kerry Wood Helen Rose Bryan Stevens Dale L. Rice Marie Rice Tonya Lee PRECINCT NO. 615 Marie Squartsoff Eunice Foster Bambi Hunter Brenda Hall PRECINCT NO. 635 Barbara Anderson Paula Boskofsky Terri Boskofsky Hope Chichenoff Nova Javier Marylynn McFarland Jessica Basuel Debbie Marlar Barbara Volpe Nita Nicolas TO . FROM : DATE : RE. . Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 3, 2006 Regular Municipal Election. KODIAK NO. 1 PRECINT NO. 618 PRECINCT NO. 620 Co -chair Gloria Selby Greg Wallace Co -chair Merle Powell Sonia Downing Judge Justine Hartman Carol Wandersee Judge Carolyn Thomas Jessica Goss Relief Linda Ross Cindy Rossiter Relief Gretchen Saupe Jeannie Grothe Translator Vangie Estelle Delia Aspiras Translator Alma Pagsolingan Christina Utter MISSION ROAD Chair Judge Judge Judge Judge Judge CAPE CHINIAK Chair Judge Judge Judge Judge Alternate OLD HARBOR Chair Judge Judge Judge PORT LIONS Chair Judge Judge Judge MEMORANDUM Kodiak Island Borough Assembly Nova M. Javier, CMC, Borough Clerk September 8, 2006 Regular Municipal Election - October 3, 2006 PRECINCT NO. 622 Mike Marion David Blacketer Linda Madsen Gary Byers Chad Burnside Sue Byers PRECINCT NO. 605 Deborrah Henderson Judith Wood Diane Patterson Susan Patterson Jane Williams - Wheeler Mary Joe Lewis PRECINCT NO. 625 Wilmer Andrewvitch Justina Ignatin Anna Nestic Ramona Erickson PRECINCT NO. 645 Diane Cole Janet Thomsen Mary Strong RECEIVING BOARD / HAND COUNT BOARD Angela McFarland Heather Fincher Judy Fine Gail Otto KODIAK NO. 2 Chair Judge Judge Judge Judge Relief Translator Translator FLATS Chair Judge Judge Judge Relief Relief Relief LARSEN BAY Chair Judge Judge Judge OUZINKIE Chair Judge Judge Judge ACCUVOTE BOARD Supervisor Coordinator Coordinator Coordinator Coordinator Coordinator CANVASS BOARD Kate Loewen Lynn Furin Karen Still Sally Haldewang PRECINCT NO. Robin Stevens Kerry Wood Helen Rose Bryan Stevens Dale L. Rice Marie Rice Tonya Lee 608 PRECINCT NO. 615 Marie Squartsoff Eunice Foster Mary Nelson Charlene Clamper PRECINCT NO. 635 Barbara Anderson Paula Boskofsky Zoya Bennett Wanda Morrison Nova Javier Marylynn McFarland Jessica Basuel Debbie Marlar Barbara Volpe Nita Nicolas Committee Members Present Absent Excused Others Present Hans Tschersich X Duane Dvorak Jeff Huntley X Community Development Kevin Foster X Mike Sirofchuck -Chair X Murphy Fomer 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 Jordan Rodgers KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING- AUGUST 8, 2006 MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:07 p.m. by CHAIR FOREMAN on August 8, 2006 in the Borough Conference Room. A quorum was established 7:07 p.m. COMMITTEE MEMBER TSCHERSICH took leave of the meeting at 7:10 p.m. on important matters. The Parks and Recreation committee decided to continue on with a work session until 7:45 p.m. when COMMITTEE MEMBER TSCHERSICH rejoined the meeting. APPROVAL OF AGENDA COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER BIESSEL, and it carried 6 -0. MINUTES OF PREVIOUS MEETING There was no action taken, so the committee decided to roll the minutes over to the next Parks and Recreation meeting for approval. AUDIENCE COMMENTS AND APPEARANCE REQUESTS OLD BUSINESS A. Comprehensive Plan Comments COMMITTEE MEMBER SCHROEDER stated that the urban multi -use areas are not at a level of connectivity that is satisfactory. Right now the multi -use pathways are fragmented. 8/24 /2006 Parks & Recreation Committee Page 1 of 3 DVORAK commented on the necessity of designated multi -use pathways being separated preferably in this order: distance, grade, and bike lanes being the least desirable. COMMITTEE MEMBER TSCHERSICH commented that bike lanes are suitable and would be faster to construct on the road systems. Discussion of the designated multi -use paths. COMMITTEE MEMBER SCHROEDER MOVED TO APPROVE points 1 through 12 regard transportation Chapter 7 and forward as comments for the comprehensive plan. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it carried 6 -0. COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE that for Chapter 9 Parks and Recreation will forward on the 6 points that we discussed to the Comp Plan contractors. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED 6 -0. B. Recreational Access Recommendations The committee decided that Item B would be kept on the agenda. C. CIP LIST Due to the shortage of time the Committee agreed to look over the CIP List, but would wait until the next Parks and Recreation meeting to begin discussion on the material. NEW BUSINESS COMMUNICATIONS Wayne Bissell sent an email about the State of Alaska Trail Planning Guidelines Project concerning the need for partners. DVORAK mentioned the email sent by Nora Javier regarding an Open Meeting Act /Parliamentary Procedures training sometime in October or November. REPORTS A. Meeting Schedule: August 22, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. September 12, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. A UDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBERS' COMMENTS CHAIR FOREMAN stated that Linda Freed would like to talk with the Parks and Recreation committee on October 10, 2006. CHAIR FOREMAN wanted to invite Bud Cassidy for the September 12` Parks and Recreation committee meeting to talk about Island Lake and the CIP. COMMITTEE MEMBER BIESSEL mentioned that he hoped that the KIB would consider partnering up with the State Division of Parks to work on the State of Alaska Trail Planning Guidelines Project. 8!24 /2006 Parks & Recreation Committee Page 2 of 3 COMMITTEE MEMBER TSCHERSICH said motorized users are getting in the trail in front of 3 Sisters. He suggested putting up signs. "' ADJOURNMENT CHAIR FOREMAN requested a motion to adjoum. COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL. The meeting adjourned at 10:00 p.m. ATTE T By: 0) "`7riff J smine Oliver, Secretary mmunity Development Department DATE APPROVED: August 25, 2006 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE 8/24/2006 Parks & Recreation Committee Page 3 of 3 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRIC 2 � Board of Education l5 ll Regular Meeting — August 28, 2006 SUMMARY AUG 3 1 2006 BOROUGH CLERK'S OFFICE APPROVED: Motion to approve certificated contracts for the 2006/20076 school year to Lindsey Adams — BA +0/0 in the amount of $37,216 for 1.0 FTE Kodiak High School Spanish; Shannon Herbert — MA-F0/0 in the amount of $42,192 for 1.0 FTE Kodiak High School/Kodiak Middle School English as a Second Language (ESL); and Valinda "Lisa" Nelson — BA +0/6 in the amount of $48,867 for 1.0 FTE Peterson Elementary School. APPROVED: Motion to approve the 2005/2006 School Report Cards to the Public. APPROVED: Motion to approve the 2006/2007 Karluk School calendar. APPROVED: Motion to approve the 2006 — 2009 City of Kodiak, Kodiak Island Borough and Kodiak Island Borough School District Joint Use Agreement. APPROVED: Motion to approve the FY 07 — FY 09 Kodiak Archipelago Youth Area Watch grant application in the amount of $287,700. APPROVED: Motion to accept the FY 07 Indian Education Act Grant Award in the amount of $157,298. APPROVED: Motion to accept the FY 07 Alaska Community Learning Centers Program Grant Award in the amount of $287,737. APPROVED: Motion to approve the FY 08 Six -Year Capital Improvement Plan as presented by Director of Maintenance and Operations Bob Tucker. APPROVED: Motion to adjourn.