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2006-10-05 Regular MeetingOctober 5, 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 A. Kodiak Island Borough Regular Meeting of August 17, 2006. 6. AWARDS AND PRESENTATIONS A. Proclamation 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 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. B. 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. C. Ordinance No. FY2007 -01 B Amending Ordinan1 No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriat$ 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. D. 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. Kodiak Island Borough Assembly Agenda October 5, 2006 Page 1 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -12 Purchase of a Heavy Duty Walk -in Rescue Vehicle for Bayside Fire Department. 2. Contract No. FY2007 -13 Kodiak Island Borough Administrative Building Cleaning Services. RESOLUTIONS 1. Resolution No. 1997 -20A Amending Resolution No. 1997 -20 Regarding Compensation of the Chairman of Service Area No. 1 Board. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2007 -01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. 2. Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. D. OTHER ITEMS — None. 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. EXECUTIVE SESSION A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Parks and Recreation Committee Regular Meeting of August 22, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting of September 11, 2006. Kodiak Island Borough Assembly Agenda October 5, 2006 Page 2 e ro a co 0 o c n ' uosuttg . STAI Aagof lieMSO %Trni AauUCH awls '7 . K-\\-- v1 / 0 t Pr- 8 0 Al ch ? QQ J now . Aagof sNi lio . Aatnreg . 3/4 sugdaas siuMPA .N 'IVs.OI n 'ITAI uosuetg 'SIN oaf 's7&i ne sO ' - g1i Xauueg -. W suaqda g ' C G w ulAI uosumg •sy XaBPr llR^SO Xcitareg Tlnt suggdals smuillsA O m v1 a 'C O W v) a 4Ai l g I X Mar I Xat I 'I swqd)ls m I sumwm . i e ro a co 0 o c T '> . 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I Smu t s I I swum uim .siAl 0 . 0 s. - a 0 0 0 0 0 d c 0 0 By: Second: n C > > II uosueig s Aaffiar zlEms0 1 ' ,UUlIgN 11N i us - - - -- samIrn sIN I wiat 1 11 triAl uos«g SAT r*sTAI A1# Fmso Aa uv M pus IY,LckL sum!EY1 9 -� . n AaliPf icanzT swucbg tirnt IVIGL rn O 0 0.1 c. n nllnl ARK MCI 1 1eA0 ' Xauueu suaquals AN TtLO.L rn - -s - -- A0 a U 01 cn 1 nacivuw I Awwf *sw I TIemso a AOCIIIL'll I staud:4s •iJnJ sawLf!m Nu ■ O '0 0 g KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: .'!/ Please print your name Please print your name October 5, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemb /y Member Term Expires 2008 Ms. Pat Branson Assemb /y 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 Kodiak Island Borough r)ntnher 5 200A Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of August 17, 2006. 6. AWARDS AND PRESENTATIONS A. Proclamation DRAFT Assembly Chambers 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. 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. B. 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. C. 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. D. 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. Assembly Agenda Dona 1 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS —None. 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -12 Purchase of a Heavy Duty Walk -in Rescue Vehicle for Bayside Fire Department. 2. Contract No. FY2007 -13 Kodiak Island Borough Administrative Building Cleaning Services. B. RESOLUTIONS 1. Resolution No. 1997 -20A Amending Resolution No. 1997 -20 Regarding Compensation of the Chairman of Service Area No. 1 Board. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2007 -01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. 2. Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. D. OTHER ITEMS — None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 80078 -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 22, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting of September 11, 2006. Kodiak Island Borough Assembly Agenda October 5. 2006 Paae 2 PUBLIC HEARING KODIAK ISLAND BOROUGH Regular Assembly Meeting August 17, 2006 A regular meeting of the Kodiak Island Borough Assembly was held August 17, 2006 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, and Clerk Nova Javier. APPROVAL OF AGENDA BRANSON moved to approve the agenda as submitted, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None. AWARDS AND PRESENTATION — None. CITIZENS' COMMENTS — None. COMMITTEE REPORTS Assemblymember Ranney reported the Alaska Municipal League (AML) in Homer was productive. He said discussions focused on revenue sharing and PERS/TRS. He encouraged the Assembly to take part in further discussion of these items during AML in Juneau, in November. A. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as Reflected on the Attached Map. ABELL moved to adopt Ordinance No. FY2007 -04, seconded by BRANSON Manager Gifford reported a resident of the area asked the Assembly to initiate the action per KIBC 4.05.050 to create the Spruce Cape Streetlights service area. This ordinance would allow the Borough to place the question on the ballot. Assembly member Stephens requested the Manager to provide ballpark cost estimates before the election. Mayor Selby opened the public hearing, hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams Kodiak Island Borough Assembly Minutes August 17, 2006 Page 1 B. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. WILLIAMS moved to approved Ordinance No. FY2007 -05, seconded by BRANSON Manager Gifford reported the Borough sold $6,210,000 in 2004 and current estimates for this facility will cost additional $7,500,000. This ordinance would allow the Borough to place a $7,500,000 bond issue on the October 3, 2006 election. If additional funding was procured, the entire amount of the bond issue would not be sold. Mayor Selby opened the public hearing. Wanda Scholze urged the Assembly to adopt this ordinance. Charlie Davidson spoke in support of the ordinance to improve recreation activities in Kodiak. Mayor Selby closed the public hearing. Assembly member Jeffrey noted the importance of showing per hundred thousand cost for taxpayers in the voter's pamphlet. Assembly member Stephens noted the actual mil increase for residents. He discussed maintenance issues with the current pool. If this ordinance failed, he would like to see the old pool refurbished. Assembly member Branson supported putting this question on the ballot for voters to decide. Assembly member Abell would like to see a different site since the school is growing. Assembly member Ranney wondered why the cost of the pool doubled in two years. Assembly member Oswalt would like to see the Saline /UV systems installed in the old pool. Assembly member Williams supported putting this question before the voters. ABELL moved to amend the ordinance to increase the "principal amount of not to exceed $7,500,000 to $8,000,000, " seconded by WILLIAMS Assemblymember Abell said the $8,000,000 would be a safer amount to place before the voters. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Branson, Jeffrey, Oswalt, Ranney, Williams, Abell (Ayes); Stephens (No) ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED SIX TO ONE: Jeffrey, Oswalt, Ranney, Stephens, Williams, Branson (Ayes); Abell (No) BOROUGH MANAGER'S REPORT Manager Gifford said KIB has received a grant award for $301,318 to seismically retrofit the foundation of the Ouzinkie School. The grant application for $478,000 to seismically retrofit the KHS library wing is expected soon. The grant money for these projects is post- disaster hazard Kodiak Island Borough Assembly Minutes August 17, 2006 Page 2 mitigation funds from the state of Alaska and is money left over from other disasters that have occurred in the state. The status of the KMS seismic retrofit grant for $1,000,000 from FEMA will not be known until September or October 2006. Information received was it was the top project in the nation. A contract for architectural services for the Borough Hill School Bond projects will be presented to the Assembly in the near future for approval. In preparation for school, the KHS halls and classrooms are asbestos free. This project was completed ahead of schedule and approximately $90,000; (31 %) under budget. The Northstar gym floor replacement was almost complete and it was also under budget. Manager Gifford will be out of town attending the ICMA conference in San Antonio, Texas from Friday, September 8, 2006, returning to the office on Wednesday, September 20, 2006. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended AML meeting in Homer and noted the board hired Kathy Wasserman as the new director. He reported they are looking at new ways to approach the legislature regarding revenue sharing. Discussions also included the Amareda Hess Fund's earnings to be used for a list of capital projects to enhance the state's infrastructure. UNFINISHED BUSINESS — None. NEW BUSINESS — None. CITIZENS' COMMENTS Charlie Davidson hoped the Assembly would find ways to build the pool without the bond issue. ASSEMBLYMEMBER COMMENTS Assembly member Ranney reminded everyone to drive carefully since school starts soon. Assembly member Abell would like to have discussion with KIBSD regarding the possibility of converting the Middle School for KIBSD and KIB administration. Assembly member Branson congratulated the Borough for securing the grants for Ouzinkie and possibly the seismic retrofit for the Middle School. She reminded everyone to get out and vote. Assembly member Jeffrey announced the Gubernatorial debate will be broadcasted again tomorrow at 9 a.m. She reminded everyone to express support in retaining the rural status of Kodiak before the Federal Subsistence Bureau hearing on September 20 and 21, 2006. Assembly member Oswalt asked Manager Gifford to comment regarding the status of the pool at the next meeting. He wanted the Borough to pursue getting the Saline /UV solutions for the pool. Assembly member Stephens gave a report regarding the construction and cost of the City of Petersburg pool. He said they went through the same frustration with rising construction costs. Kodiak Island Borough Assembly Minutes August 17, 2006 Page 3 Mayor Selby announced that the Assembly would meet in a work session on Thursday, August 31 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 7, 2006 at 7:30 p.m. in the Assembly Chambers. He announced absentee voting for the Primary election is available in the Borough Clerk's office until Monday, August 21. He reminded everyone to vote on Tuesday, August 22 and noted the polls will be open from 7 a.m. to 8 p.m. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey The meeting adjourned at 8:30 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes August 17, 2006 Page 4 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -09. Item No. 9.A Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. This ordinance was provided at the request of Assembly member Ranney. This failed on September 7 and was reconsidered on September 21, 2006. It is now before the Assembly as a public hearing item. PERS is a single employer, defined benefit system. Because it is a single employer system, we do not share our retirement costs with any other entities unless a person works for more than one PERS employer. If a person works for the Borough for 15 years and then the State for 5 years, the Borough would be liable for 75% of this persons retirement costs. The retirement costs are based on the retiree's three or five highest paid years (depending on when first hired.) Defined benefit means that the retirement costs are based on what benefits are paid to the retiree, not how much was contributed. A person could be an elected official and pay very little into the system and then become an employee at the Borough or another PERS employer and their retirement expenses could cost the Borough hundreds of thousands of dollars. A former PERS employee who was not vested could also be elected to office which could cost the Borough a significant amount of money. This Ordinance would limit participation in the Borough's retirement system to employees of the Borough. KODIAK ISLAND BOROUGH Ordinance No. FY2007 -09 Introduced by: Manager Gifford Requested by: Assembly member Ranney Drafted by: Finance Director Introduced: 09/07/2006 Failed: 09/21/2006 Reconsidered: 09/21/2006 Public hearing: 10/05/2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING AN AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) OF ALASKA TO CHANGE THE BOROUGH CODE OF ORDINANCES TO EXCLUDE PARTICIPATION OF ELECTED OFFICIALS WHEREAS, the Kodiak Island Borough entered into a Public Employees Retirement System (PERS) Participation Agreement with the State of Alaska, Department of Administration; and WHEREAS, in the 2000 legislative session, House Bill 335 was signed into law that changed the Public Employees Retirement System (PERS) statutes effective August 20, 2000; and WHEREAS, PERS is a single employer, defined benefit retirement system in which all retirement costs are charged to the Borough and not shared with other governments unless the retiree worked for more than one government and the costs are then prorated by time served; and WHEREAS, PERS regulations base an individual retiree's retirement benefits on a combination of years of service and the three or five highest years earnings, it is possible for an elected official to later assume a paid position with the Borough or another PERS employer and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, a former PERS employee could be elected to office and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, the Kodiak Island Borough wishes to amend the Participation Agreement prospectively to exclude elected officials receiving compensation from those eligible to participate in PERS; and WHEREAS, the Kodiak Island Borough wishes to prospectively amend the code to elected officials receiving compensation from those eligible to participate in PERS. NOW, THEREFORE, BE IT ORDINAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: 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. Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Pone 1 of 9 Section 2: 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. 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, civic, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 Recommended motion: Move to adopt Ordinance No. FY2007 -09. Item No. 9.A Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. This ordinance was provided at the request of Assembly member Ranney. This failed on September 7 and was reconsidered on September 21, 2006. It is now before the Assembly as a public hearing item. PERS is a single employer, defined benefit system. Because it is a single employer system, we do not share our retirement costs with any other entities unless a person works for more than one PERS employer. If a person works for the Borough for 15 years and then the State for 5 years, the Borough would be liable for 75% of this persons retirement costs. The retirement costs are based on the retiree's three or five highest paid years (depending on when first hired.) Defined benefit means that the retirement costs are based on what benefits are paid to the retiree, not how much was contributed. A person could be an elected official and pay very little into the system and then become an employee at the Borough or another PERS employer and their retirement expenses could cost the Borough hundreds of thousands of dollars. A former PERS employee who was not vested could also be elected to office which could cost the Borough a significant amount of money. This Ordinance would limit participation in the Borough's retirement system to employees of the Borough. KODIAK ISLAND BOROUGH Ordinance No. FY2007 -09 Introduced by: Manager Gifford Requested by: Assembly member Ranney Drafted by: Finance Director Introduced: 09/07/2006 Failed: 09/21/2006 Reconsidered: 09/21/2006 Public hearing: 10/05/2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING AN AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) OF ALASKA TO CHANGE THE BOROUGH CODE OF ORDINANCES TO EXCLUDE PARTICIPATION OF ELECTED OFFICIALS WHEREAS, the Kodiak Island Borough entered into a Public Employees Retirement System (PERS) Participation Agreement with the State of Alaska, Department of Administration; and WHEREAS, in the 2000 legislative session, House Bill 335 was signed into law that changed the Public Employees Retirement System (PERS) statutes effective August 20, 2000; and WHEREAS, PERS is a single employer, defined benefit retirement system in which all retirement costs are charged to the Borough and not shared with other governments unless the retiree worked for more than one government and the costs are then prorated by time served; and WHEREAS, PERS regulations base an individual retiree's retirement benefits on a combination of years of service and the three or five highest years earnings, it is possible for an elected official to later assume a paid position with the Borough or another PERS employer and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, a former PERS employee could be elected to office and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, the Kodiak Island Borough wishes to amend the Participation Agreement prospectively to exclude elected officials receiving compensation from those eligible to participate in PERS; and WHEREAS, the Kodiak Island Borough wishes to prospectively amend the code to elected officials receiving compensation from those eligible to participate in PERS. NOW, THEREFORE, BE IT ORDINAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: 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. Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Section 2: Section 3: Section 4: Section 5: Section 6: ATTEST: 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. 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 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 Elected officials currently holding office can continue to participate in the Borough PERS system until they leave office. 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 Nova M. Javier, cMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 $edtak A'aeka t-� rt... . 207 466 6486 OCT - 4200s ,J 'BOROUGH CLERS'• S OFFICE Oct. 04 2006 02*03PM - October 4, 2006 KODIAK ISLAND BOROUGH • P.O. Box c LERrs oFncE Kodi ak, AK 2069 99615 • co s ttk A.tiS4;MBLY MAYOR_ MANAGER r OTHER r Ms3448er Msetbly Members and Mayor: gpuyt, E } easamjt l sthe meeting inpersongo I am writiq* my comments about this any astiMend old antra of any baardr„Ahould receive health benefits from yie.a>ly aline to rain for an office so why should we pay to health �. K ,gt r tba inn. They get a Stipend and even that is too much, since they Mitfur an office, Af. loiaty , Ildderel.and other lower 48 State businesse44hey do not c y • tats girt time people, but tro oily nil T nneY -" (40 hours Per week) and then/ howsktheimsy Y porOo laofit hetnselvds. Ali as Seniors have to pay for our Medicare our ,,nsur n*in&bpth Of them don t pay for much of our expenses AT AL tggy pay .$1i' G. I.have not collected one penny from them this ,T m an , �d T i , � ,, � Pry fbr msy000 .' Berea: Of these m people that rrm for office have health suranwi, Sawa bf nploY eat or their spouses hav it at their place of work. WalMart mostly PIS itrtd dour tt o F and those gals proved to places where they get end aio k44 bodta'.pei'woek: yctsppoP' o; j nnkbefare you open yotrrnouth and vote. matiliis readout loud at the meeting Oct. 5, 2006. Thank You. - lde-e G:C Lorna -Lee Arndt fU qub:0 4.-4 8 +L =6 Sx(1. - 3) =8 1 y Si 4 e�i m q 0 O a! w C M V m 0 c LL 0 0 f0 N 0 r y a t 0 OJ 0) N r g4gg git Yl X R s83 (0010 O A yr A N 100000000n r 0(0reN o0NCOfoyo F 0^ }g°mg1� 0 0 $fin N N k 0010 (0 0 gg 1:74 V C) M } �j {��;i Mw00N-NM rN01Or 0 gg F10 �Q� 0)0)000) 0I N N N♦ 0NN n B. a}a 00 000n r N n010w000 NNO! C) �$ +i4 � 7!7n ' OJ N m O 0 0 (000(+) AN V g3 S.d n 0 r 0000 n 1+) r rd(0 0h0I00 .f g �3 n g $ 3i Nm OO! 0 N �o r(0 (0 r 0Y N y 0100,- 10 a It 0 N $ e'f 00(010 N A 00 01 N + 3i '_ ( 010 e� 2i3 �i 0 ,-n (00100 0, (0 F N 0 O W 0 10 ft- 5)x1. =L I 9xZ =9 S £xl =t+ £ A a • « m m L O M p C G ao 00N- o m - a J o W m ) O ca O 0 Et m 0 m 0 24 0 0 0 m ll y � W <22n ( V g N N c0 (0 (7 0 N M e 0 0 0 V N V r 0 O o O e 0 A (7 M W m0 0 N O MOO)m d Nd rM 0 0 m N N V o eae NO! W 0 wm 0 M n $gig N N 10000) O O (O O 0 r V 1` N N 0 h m uic1 0 N CO N -_ 0 0 (O 0nMoNN MM O V m V o r e e r(0010000000O (7r0)0 MN 0 M mN y l7 000O)Y (0 (0.0 0010 100 10 0 m ttVV N e e (7t0 N M O O r Ol (0 NIOO 00 (07.0 N ao 001(7t70A V 0 0 OM r o p N y GAIN ee 00n� N m 0 y r 0 N0 a (O70m00� Ar0r 00 M 00I(O r r ea 0 0 r A l93�`5• N yy NN o N O M O) 01hm N ;ee M n y ONOF (0N - `010OM O r 0 N N N M OIN 0 e e O) O! 0l NN001N N N A - CO M �d r o 0 0 (Np00 N 000 N ao FOi000O) 0 0 N N V r o 0 M r0 00<n00MM0r y m r N e e 0 A ` wd r e N p 0 000 as 0t+) N NA O CO ,-NN a- 0 o NN 0000170)0 0)10 M 0 z ao N o `�g:�R r n 0000! amMn N A r p (0r 1 c 0 N ae N OOA N N r:NN N (0NA�On ( A 7NN 0< a e0 0 N M 0 M V r 00000)(00)0 -N M M 0 0 V < r N Mm (0 o 0 M (00 NNN (0r e (7 A0 00 e (00 01 N e ea 0t 0A (7 y (7 °aao i ioivnoa6vi t ( ( 0 7 0 ee ( O O $ - S o o ve r N W M00 y 0 0NOA , o (ON 1� V 0 n O N °R a 0 n M N fa c00 O M ae m r N O N 0 0 Salaries Est. FY08 (FY07 3 %) 841,447,149 136,296,354 9E1'££9'31 981'193'9 5,344,540 19,246,298 9,012,579 4,500,777 2,847,540 28,735,491 6,015,174 7,055,322 1 9391981 1 b££'093'€ 2,823,476 5,809,252 3,632,278 4,132,593 P66'916'8E 996'641'1 2,307,407 932,592 2,172,784 1 993'84Z'1 183'96 I 150,595,667 2,359,685 883,109 [ 1191'639 2,227,329 [ 14,366,322 8,156,790 [BLl'S86'E SZ9' 1.04 ] 84£' i 971'999'£ _.... 46x[99'1 410'199'1. 1,822,779 209,537 126,122 689,170 201/991 1 892'120'1 Gross Est. FY07 (FY06 * 3%) 816,938,980 199 9Z£'Z£1 1 211'£11 9 5,188,873 18,685,726 8,750,077 4,369,686 2,764,602 27,898,535 5,839,975 6,849,827 899'161'1 061b8C£ 2,741,239 5,640,051 3,526,483 I 4,012,226 1 1,698,985 37,782,518 2,240,201 I 905,429 2,109,499 806'113'1 914'26 1 160'133 1 146,209,386 2,290,957 88E'LSB 805,594 1 994'391'3 13,947,886 7,919,213 [ 3,869,104 [ 389,928 [ 181'919'1 3,742,860 I 189'919'1 9E9'319'1 1,769,688 1 203,434 160'699 666'ZZl 1 989'091 I BZE'l00'l STATE OF ALASKA PERS UNIVERSITY OF ALASKA PERS VALDEZ, CITY OF MATANUSKA - SUSITNA BOROUGH KENAI, CITY OF FAIRBANKS NORTH STAR BOROUGH SITKA, CITY AND BOROUGH KETCHIKAN GATEWAY BOROUGH SOLDOTNA, CITY OF JUNEAU, CITY AND BOROUGH KODIAK, CITY OF FAIRBANKS, CITY OF 1SKAGWAY, CITY OF 1PALMER, CITY OF WRANGELL, CITY OF BETHEL, CITY OF KOTZEBUE, CITY OF PETERSBURG, CITY OF BRISTOL BAY BOROUGH NORTH SLOPE BOROUGH CORDOVA, CITY OF KING COVE, CITY OF CORDOVA COMMUNITY MEDICAL CENTER TANANA, CITY OF BARROW, CITY OF SAINT PAUL, CITY OF 1 ANCHORAGE, MUNICIPALITY OF KODIAK ISLAND BOROUGH NOME JOINT UTILITY SYSTEM SAND POINT, CITY OF DILLINGHAM, CITY OF KENAI PENINSULA BOROUGH KETCHIKAN, CITY OF SEWARD, CITY OF FORT YUKON, CITY OF CRAIG, CITY OF PETERSBURG MEDICAL CENTER HAINES BOROUGH NORTH POLE, CITY OF GALENA, CITY OF NENANA, CITY OF SAXMAN, CITY OF HOONAH, CITY OF PELICAN, CITY OF HO A .IO 7J31J11HM W ° 601 101 911 911 331 031 931 231 631 931 321 1 6E1 1 921 921 1 on 1 I £61 941 441 1 841 1 29 191 111 691 311 6L I 911 1 1 911 1 811 1 /81 081 1 381 1 [ 291 1 1 981 1 1 181 1 161 691 961 361 661. I 1 861 003 1 3 03 F 2 7 0 2 Q tt 0 0 J W W J Q J 4 J 0 W 0 cL ct z 0 LL 2 7 a 0 W F Q f F H W Prepared by Division of Rebrement and Benefits 11 September 20043 I 279 I 276 I 270 263 267 245 262 223 224 I 170 152 167 291 294 287 290 285 286 282 283 278 280 275 I 271 260 266 I 259 256 258 I 254 248 249 247 242 243 I 241 235 237 227 230 220 222 I 215 I 208 I 206 I 203 ER 1TLINGIT -HAIDA RHA NORTH PACIFIC RIM HA (BERING STRAITS RHA INTERIOR RHA ALEUTIAN HOUSING AUTHORITY ALEUTIANS WEST CRSA COOK INLET HOUSING AUTHORITY BRISTOL BAY RHA COPPER RIVER BASIN RHA 1 NORTH PACIFIC FISHERY MGMT COUNCIL ALASKA HOUSING FINANCE CORPORATION SOUTHEAST REGIONAL RESOURCE CENTE IPERS Poll Subs SHAKTOOLIK, CITY OF MOUNTAIN VILLAGE, CITY OF KOYUK, CITY OF UPPER KALSKAG, CITY OF HOOPER BAY, CITY OF SELDOVIA, CITY OF DELTA JUNCTION, CITY OF ANDERSON, CITY OF SAXMAN SEAPORT TOKSOOK BAY, CITY OF I ILISAGVIK COLLEGE IEGEGIK, CITY OF KACHEMAK, CITY OF QUINHAGAK, CITY OF IALLAKAKET, CITY OF SAINT GEORGE, CITY OF DENALI BOROUGH I MEKORYUK, CITY OF YAKUTAT, CITY AND BOROUGH UNALAKLEET, CITY OF (LAKE AND PENINSULA BOROUGH ELIM, CITY OF ATKA, CITY OF INOORVIK, CITY OF HUSLIA, CITY OF KALTAG, CITY OF KLAWOCK, CITY OF ALEUTIANS EAST BOROUGH NORTHWEST ARCTIC BOROUGH SELAWIK, CITY OF HOMER, CITY OF IAKUTAN, CITY OF 'THORNE BAY, CITY OF 'ANCHORAGE PARKING AUTHORITY 2,263,988 1 1,119,550 1 1,047,360 1,168,863 923,056 51,183 4,173,591 1,335,171 596,443 1,413,163 17,727,559 1,337,068 412,931,809 33,340 24,381 19,044 12,233 62,409 285,152 42,092 68,870 27,663 3,773,869 44,629 24,215 27,699 19,182 151,229 3,096 722,458 200,070 399,365 96,559 87,789 117,103 610,139 683,563 1,013,424 4,812,236 298,997 268,701 1,260,522 Est. FY07 (FY06 3 %) Gross 2,331,908 1,153,137 1,078,781 1,203,929 950,748 52,719 4,298,799 1,375,226 614,337 1,455,558 18,259,386 1,377,180 I 425,319,764 34,341 25,112 19,615 12,600 64,281 293,706 43,355 70,936 28,493 3,887,085 45,968 24,942 28,529 19,758 155,766 3,189 744,132 206,072 411,346 99,456 90,423 120,616 628,443 704,070 1,043,827 4,956,603 307,967 276,762 1,298,338 Est. FY08 (FY07 * 3 %) ialarles w w co e W . O W e e AN»N W N V N (T N O V N A V O g 2 q ((�� (V+p A'P V W aa V O O O 0+ N W W CO N A V V eet-et' t pA p . V 01 N CO 0 m N OD W 0 0 A A in N w W mN�0 Vp (� J10 Co CO . . 10 V N W a°aa° V O (O a . N V W N O) 0 0N(00 P N W N N N W O ( )1 O) OJ q (f W A . V 0 0 CO 0 1.11 ae V CO N 0 0 a 0) W CO O 0 0 CO CO N! N W N t0 o . A A w • a a A N J O O) OI aao gas,. fT V V V 01 0) 01 0) �aaae a N0AA O A V N 0 A N w a Co 0 A p p V A A a A A N ((O0 m . N 0 0 O N A0i CO A Co O)(O (O a N CO O A 0 lg W CO . O A CO V 0 t 0 W N a N N O O N A CO W o a°a CO : N V Co CD . A W CO te A Coo V V CO a 000 CO A CO ( O O CO V W N Co CO O) A N w V 0 A 14 V A CO W A N N N N 0 N m -4 - 4 O A N 0 CO w A N O N co N Aw 00 0 CO W W W N N o aae ♦ -a • AAAA- A V W t <aa�a<e A V W , W V i 0 01 N 03 CO CO W W 8 -al . . A A w W N W CO W 0 0) W NO+A000 W N CO N 0) W O) W ANN o ao m O . 01 A W W W+ 'Co N N 01 W CO A W N CO A W A V 0 8 + V w . . V A N> aataae e e (T O) O V 10 Co W V CO CO CO A V 02 N W OJ 0 o -nee A { W . 0 A W a . . O) W ago Ol f0 0 CO A Ol N V CO CO O 0 (NO ( ® OJ . CO 0 t0 T N W co 0 CO O) A N N 00 0 0 QI O . O 0 aaae + A W A 01 In N CO CO CO O w W N V et y €. 81 fOA A O . . A N W W N A N CO 0 a W — A W 4.-is. N W a N a CO 0 0 N V A A OJ N W a 0 0 CO a»-. CO W 0 W 0 N e a q 1 0. N A . . O) A W m aao CO O W W i — CO O CO • CO 03 N ete It NA O 0 t w 0i 01 N I 0 W CO V(0 a Co V V (J �J ( 1 � 0 J O1 CO 0 to N tO N o a V 01 CO -4 V V 01 0 N Co O N 0 "CO 4. 1 V CO Nro-. W O e f A t0 e V N 0 CO CO O) +O) . - + W b W N a e e • CO CO O 0 b. N O W co W 01 a -4 a 00 A • + w A Ot e o m N co N A CO 01 N a 0) W• NN CO CO A N CD V ae it • O A O V A a W a"e .....71 co 01 . N N O 0 O (31 (T A N W CO W te p A V V a 0 01 . co in e W te N N 0) (.0 O N V w. CO A A V V N 01 W 40 CO A 10 0 10 0 a°e y co 0 , 01 . A CO A N co A e (0 0 (0 A p a C A • A ate co vi e co 00 get 0 co co a f0 CO CO a m + w (0 N V e CO Co 0 P 3 A N V Co V FY07 Adj FY08 Board FY08 increase Contrlbutlo FY 07 Est. Requested FY 08 Est. due to rate n Rate Contribution Rate Contribution Increase A O W X R O t W CO W W 0)) u t l T N O) CO V Sig '� i N 00 01 (O -14 X so 7-0 , W V N V N A r3X 9S )3�Je w 0 0 N W 01 a CO a 000 CO a y +j � A W O) �o A a + CO W 1 ill A w , u 1 CO 0 CO W a. w:t3— 0 0 A 03 a CO V CO V 7 m p ��� Q � CO W W N-4 SOco W W 0 - A N 0 N 0 0 (!t s� aA CO W+ N O a — 0 E.J fl a u t W O 4. 0 ) , V;, g ; u t N 0 CO 01 , - 0 N a N ! O . a A N O) W N (0 Vg 8. 0 4. i 0 y AVO re un p W I 44. CO 1aa CO 0) (0 FY08 increase Total FT08 due to 3% salary Increase over increase FY07 0 900Z JecluondeS F z 0 Q g 0 0 J W > J 4 J O W 0 u. Z u. 2 Z LL 0 Z O Q O F.. ce z O U F- 0 a 2 W 0 e M • W LL O e ` 0 0 O W W N CO m P- ot N 0 x 0 (0 0 m n N co 0 3 co CO N N co co to Q Of 00 M • 8 CO 6 N N tr 0 0) 2 O 0 w 0) 3 ❑ 0) CV 0 op 0) oi N 0 m m n n (O N- 2 N m 0 m 0 x U O 0 N Oi 0) 0 C m 2 Z N 0) O m N H M N N CO n 0 CO CD O N o 0 0 O 0 N O N 0 m w cc cc w a 0 N n O m N CO m N 0 0 (9 0 0 C 0 2 O m CD N m O N co m N 0 ❑ (0 x U 0 N N M n m N n (0 N (0 Y N 0) 0 N 0 N x (9 C 0 m 0- N 0 N N m O m U W 0) Ol co to O) co ao m CO O ((0 0 m U 0 Q 2 0 _ 3 CV o co m m 0 0 U Z p N Oi n ❑ CO 0 J m 0 a J J W Q (9 CO W O oa o 0 U w 0 0 Z 0) (0 to m n W N N 0 J cc w 0 0 0 m cri 00 N m CO O CO 0 0 x (9 0 0 U U ocr CC Q (0 re O 2 m n os ( (0 0 o m cd (0 LO (0 N (0 0 O m a m N N CV m N co 2 0 (0 rc 0 O in CO CV N h N (O n oo oo N. (0 0 0 m ❑ O M N ai m 0 m 5 Z Y (0 0) n 0) 0 0) 0 m v ((0 Y j 0 O Y j 0 r CO CO co (0 0 _ C O 0 w O 0) F 0 Z m CO N M 0 (n 2 O (9 w Q F re Q CV O (0 ❑ 0 _ 0 0 0) 2 2 w 0 N 0) oi t0 O m 00 co Z n oe m N 0 N U ce 0 x A * m (0 0 th 0 (0 x (9 0 0 0 w U W n O op m ( ❑ m _ 0 CC 0 (0 Q co 0 N m n m U 0 0 U (0 0) ( 00 N- ei ❑ 0) _ 0 0 O 5 0) 2 _ 2 w a Z Y 0) co co 0 0) m 0 Er- 0) O r m m 0 0 ) U 2 Z Z m 3 N 0 0 CO 0 0 (0 U ( (9 9 U N m up N m oi a CO CO CV 0 U Z N 0 O CO N m to co m 0 0 0 a N N 0 V N co n co oe up 00 n. N 0 co Q 0 y CO N oa m 0 m 0 (0 U C m w W o. co N m U N q 0 N m 2 0 to to r O Y CC 0 (0 CO n 9 O N ( N C O Q Rq � m M r m • C 0 0 M tO N p (V co co O N (0 ( h N 0 N (0 N 0 N eeee 0e e00eseeee (00 eseseeeeeeeeeesee(e( 0) 0 e(0e e O co m m m O h (O r m r O N V N CO CO (O p O N to N l O N co m N co co O co o (O r N O) V m l` r N ono N m mm co co co co N co to N O N O m m m co 1() y O N 0) m 0 (0 . N O oa rpm Y1h 0) h y n co co N Y N. O^ m O N Op M O co O N 01 p 6 0470) N m N Nm Of m'rm m 'ONO p trim m' N N N N N N N N N N p N r N r N N N N r ry r N r N N Gross Salaries 11 September 2006 W q = pgNO C M g a m 0n N 0 h W NN f0 ( t N 0 L04'Z ESZ'61 49.539 094'L 108,978 224,220 963,217 14,179 299,014 13.461 669'E 1.01'91 1Zl'6 L 30,555 26,413 EAU 091'6 1oE'6 ' r m r r ) 00 )r m01 m NN N0 co m'-O CO N emN VN 07 0 0 r 0 0 O (C C r co v J 0 0N LO OO "J W p o- 0 00 0 m N .. O c r N N r (O N m' o (D N( co N g mr m co tom N fV N CO N (O NO CO O N m r y N CO i0 n O CD (O N mp tp (p O N O Y) NNm O CO_ r (O m CO CO OO) CO_ r < O CO O O n Mm CO m r m O m 6 6 N(6(OO V 007 N l O r V N a CO N C Y m N ^ O N 6 o v m Of NN m p(O N n (O W O r N r Y)rm V W 6 r 0 V v m O iO O O O N N V at 03 CO r 0 (0 CO N N V m h N N f O CO N ! r v mO' co I F r O r N an N 03 p o) W mmOO 0) m 10 co N E.) Y 1 h m N Oy co 6 f0 p O r CO CO CO N m N (O m m r IO N y m N0(OM Y r m CO O Mm(O V N m CO NO 6 m m m N t O N n a r CO N O) m O)om N — O M(0 O)mN N N (p y m m p N y m in m` W y r (G co — V ) O {r) N M co ',003,958 1,006,160 162,620 35,402 299,079 91,664 ,608,839 731,5041 33,576 13,697 208,781 462,751 301,672 95,6901 380,338 118,623 1 71,821 13,979r 47,145 (17,234)1 F z 0 Q g 0 0 J W > J 4 J O W 0 u. Z u. 2 Z LL 0 Z O Q O F.. ce z O U F- 0 a 2 W 0 e M • W LL O e ` 0 0 O W W N CO m P- ot N 0 x 0 (0 0 m n N co 0 3 co CO N N co co to Q Of 00 M • 8 CO 6 N N tr 0 0) 2 O 0 w 0) 3 ❑ 0) CV 0 op 0) oi N 0 m m n n (O N- 2 N m 0 m 0 x U O 0 N Oi 0) 0 C m 2 Z N 0) O m N H M N N CO n 0 CO CD O N o 0 0 O 0 N O N 0 m w cc cc w a 0 N n O m N CO m N 0 0 (9 0 0 C 0 2 O m CD N m O N co m N 0 ❑ (0 x U 0 N N M n m N n (0 N (0 Y N 0) 0 N 0 N x (9 C 0 m 0- N 0 N N m O m U W 0) Ol co to O) co ao m CO O ((0 0 m U 0 Q 2 0 _ 3 CV o co m m 0 0 U Z p N Oi n ❑ CO 0 J m 0 a J J W Q (9 CO W O oa o 0 U w 0 0 Z 0) (0 to m n W N N 0 J cc w 0 0 0 m cri 00 N m CO O CO 0 0 x (9 0 0 U U ocr CC Q (0 re O 2 m n os ( (0 0 o m cd (0 LO (0 N (0 0 O m a m N N CV m N co 2 0 (0 rc 0 O in CO CV N h N (O n oo oo N. (0 0 0 m ❑ O M N ai m 0 m 5 Z Y (0 0) n 0) 0 0) 0 m v ((0 Y j 0 O Y j 0 r CO CO co (0 0 _ C O 0 w O 0) F 0 Z m CO N M 0 (n 2 O (9 w Q F re Q CV O (0 ❑ 0 _ 0 0 0) 2 2 w 0 N 0) oi t0 O m 00 co Z n oe m N 0 N U ce 0 x A * m (0 0 th 0 (0 x (9 0 0 0 w U W n O op m ( ❑ m _ 0 CC 0 (0 Q co 0 N m n m U 0 0 U (0 0) ( 00 N- ei ❑ 0) _ 0 0 O 5 0) 2 _ 2 w a Z Y 0) co co 0 0) m 0 Er- 0) O r m m 0 0 ) U 2 Z Z m 3 N 0 0 CO 0 0 (0 U ( (9 9 U N m up N m oi a CO CO CV 0 U Z N 0 O CO N m to co m 0 0 0 a N N 0 V N co n co oe up 00 n. N 0 co Q 0 y CO N oa m 0 m 0 (0 U C m w W o. co N m U N q 0 N m 2 0 to to r O Y CC 0 (0 CO n 9 O N ( N C O Q Rq � m M r m • C 0 0 M tO N p (V co co O N (0 ( h N 0 N (0 N 0 N eeee 0e e00eseeee (00 eseseeeeeeeeeesee(e( 0) 0 e(0e e O co m m m O h (O r m r O N V N CO CO (O p O N to N l O N co m N co co O co o (O r N O) V m l` r N ono N m mm co co co co N co to N O N O m m m co 1() y O N 0) m 0 (0 . N O oa rpm Y1h 0) h y n co co N Y N. O^ m O N Op M O co O N 01 p 6 0470) N m N Nm Of m'rm m 'ONO p trim m' N N N N N N N N N N p N r N r N N N N r ry r N r N N Gross Salaries 11 September 2006 1 728 727 759 748 1 724 723 1 736 I 719 720 1 722 1 753 754 I 755 757 1 718 717 746 714 712 777 1 710 1 761 708 709 735 707 744 706 1 764 765 705 767 704 1 771 742 768 752 701 770 758 780 1 766 265 257 264 ' 255 1 251 246 ER 1SKAGWAY CITY SD ISITKA BOROUGH SD I PRIBILOF SD _ -- - -- - -- SAINT MARY'S SD PETERSBURG CITY SD !PELICAN CITY SD 'NORTH SLOPE BOROUGH SD I NENANA CITY SD NOME CITY SD 1MATANUSKA- SUSITNA BOROUGH SD 'LOWER YUKON SD 'LOWER KUSKOKWIM SD I KUSPUK SD LAKE AND PENINSULA BOROUGH SD 1KODIAK ISLAND BOROUGH SD 1KLAWOCK CITY SD I KENAI PENINSULA BOROUGH SD KETCHIKAN GATEWAY BOROUGH SD I KAKE CITY SD KASHUNAMIUT SD JUNEAU BOROUGH SD I IDITAROD AREA SD HOONAH CITY SD HYDABURG CITY SD GALENA CITY SD HAINES BOROUGH SD DILLINGHAM CITY SD FAIRBANKS NORTH STAR BOROUGH SD DENALI BOROUGH SD JDELTA/GREELY SD I CRAIG CITY SD COPPER RIVER SD CORDOVA CITY SD I CHUGACH SD BRISTOL BAY BOROUGH SD CHATHAM SD (BERING STRAIT SD ANCHORAGE SD ANNETTE ISLAND SD ALEUTIAN REGION SD ALEUTIANS EAST BOROUGH SD (ALASKA GATEWAY SD PERS School Districts IKAKE CITY SD PELICAN CITY SD YAKUTAT SD IALASKA GATEWAY SD I KLAW OCK CITY SD IDELTA/GREELY SD 757,375 7,669,353 731,454 811,354 2,558,968 130,482 14,455,466 1,875,644 3,522,644 64,572,653 9,425,312 20,337,701 2,694,078 3,338,786 14,277,665 983,748 40,257,317 10,558,680 717,491 1,731,019 22,517,926 1,659,481 1,013,382 695,594 4,531,408 1,498,126 3,054,747 62,370,695 2,126,994 4,097,704 2,455,087 2,686,371 2,022,768 1,299,469 855,562 981,027 11,579,057 202,190,445 1,980,866 428,001 2,200,414 2,162,296 238,924,023 356,232 116,961 281,230 1,010,315 416,889 1,263,855 Est. FY07 (FY06 " 3 %) Gross S. II 780,096 7,899,433 753,398 835,694 2,635,737 134,397 14,889,130 1,931,914 3,628,323 L 66,509,833 9,708,072 20,947,832 2,774,900 3,438,950 14,705,995 1,013,260 41,465,037 10,875,441 - -- 739,016 1,782,949 23,193,464 1,709,265 1,043,784 716,462 4,667,351 1,543,070 3,146,390 64,241,816 �... __ 2,190,804 4,220,635 2,528,740 2,766,962 2,083,451 1,338,453 881,228 1,010,458 11,926,428 208,256,158 2,040,292 440,841 2,266,427 2,227,165 248,091,743 366,919 1,040,625 120,470 289,667 429,395 1,301,771 Est. FY08 (FY07 "3%) ialaries N P O 0 eee eeeeeeeee _ ip L$ :4 A O W eeeeeeeeeveeeeeeeee tv _ W P N N CO N t0 N N 0) O 0 A O W a P ( A li _ CO 0 Al 1 V N O N N 0) 0) O O 0 0 � A A O O CO W ON _+ _ 0 0) 01 m 0 ) N N V A O N N N V N P O 0 q qqm�0 A O W A W (0 J _ V N J CO N A O 0 q n A O CO V _N 0 1 (0 N co (n V A N 0) O 0 s aO a � s q o gAPPV0 A O W V A W 1 N W V _ O--J _ O a l N A (O N 0) O 0 A O W CO A in A -4 V A O 'co m(OA J N N 0) CI O O 0 0 p a�I P A A O O W W 11 co W . . 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W A O W -1•3 CD P(O OO m ) co CO 1 41 N N O) 0) 0 0 0 0 @SI A A O O CO CO _t a ll _A 01 J O in (0 N O N 0) 0 0 PN A O W W p o A N A N N 0) Of 0 0 0 0 tN �n A A O O W CO o m 0))_43. 4. m Na Na A0) (O P N A N CD 0 0 A O CO P A (O CO N so m O N N 0) 0) 0 0 0 0 �p N ( A A O O CO CO +N+ La N _ O 0l 0 VI 0) co W N (0 J Co N N m 0) o O 0 0 _ ..at A A O O CO CO in A W P 1 m(0 V (O 0)i 0) N 01 O 0 V A O CO to W CO P 0 O CO y OS a q N Y P(O4 03 lo N p Y0- W A 41 _ N P CO N- a alt fD0 cr. V V a N O eeeeeee A _ W 1 ( N( (31 CO NI CC= eeeee ( t II O C C _4 CO V A Ca 0 I CD i I C N O i 1 _ J 10) . . )01 N W V N q . ii 1 m P co in FY07 Adj FY08 Board FY08 increase Contrlbutlo FY 07 est. Requested FY 08 Est. due to rate n Rate CROMbUtion Rate Contribution Increase _0)_ N O W CO Oa 4 . . - 1 0 N 07 ... -43 0 . N + fn , N W (0 m ru,�+ N A W W . O O A 0)N AP I 4 O A -co )_ 0) ro l+A P 1 N J 0 W _( Q11 A 2 01 1 m CO m P N A Jam II iI - CO 1 m . A C CO � � O - co m m O ... i y W . (O CO P co CO NA N 01 o A W O H'HBliHaHIlls O A _ O _(O (O a m A 01 (J _ a A 0 in A 0 a _((o '0 0110) V CI . . V A -4 W . 0 W— . co o - co m P m m ((11 W N . Nm _m 1 - co W 01 f . m (O V CO _N o A CO A t" N P _N O N $ lit'ii _W- 43 A . 0 0 O W _ W 1.0 _ W O 1 - co J _0l 0) N FYO8 increase TON FTOS due to 3% salary Increase over Increase FY07 __._ 's Prepared by Division of Retirement and Benefits u. re o re re UJ 0. elt 2 F W n m 0 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Department Introduced: 09 /21/2006 Public Hearing: 10/05/2006 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -09A 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: 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 the bi- annual 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. Kodiak Island Borough Ordinance No. FY2006 -09A 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 lbs 200 200 180 160 140 120 100 75 50 E Commercial 12,001 - 18,000 lbs 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 paving one -half (1/2) of the amount shown above and adding twenty dollars ($20.00) kV 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 October 5, 2006 Item No. 9.0 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 Recommended motion: Move to adopt Ordinance No. 2007 -01B. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01 B Introduced by Borough Manager Requested by Borough Manager Drafted by: Finance Officer Introduced: 09/21/2006 Public Hearing: 10/05/2006 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 Facilityin 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: $ 1.583.000to 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 -01B Deno1 nf1 August 23, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: FY 2007 Designated Legislative Grant # 07 -DC -323 Island Lake Trail Upgrade 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. erel , Robin Park Grants Administrator DEPARTMENT OF COMMERCE /{� / / Frank H. Murkon<ski, Governor COMMUNITY AND �l � William C. Noll, Commissioner ECONOMIC DEVELOPMENT Michael Black, Director woo No. pMM-(i r 1 Division of Community Advocacy Grants Section P.O.Box110809,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: htt p : / /www.commerce.state.ak.us /dca bark u9 inefb F i Designated Legislative Grant Program Grant Agreement S ki; of 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 De}Iarkuient'GontaetPerson . . 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. 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: 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: Cost Category Grant Funds Total Project Cost Program Funds $48,000.00 $48,000.00 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 IJpgrade. This project may include but is not limited to. upgrade and improvements along the Island lake Trail. 2. Project Budget Attachment A Scope of Work 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 oft 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 (iran�ee being requirre su 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 FinanciaUProgress 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 Sincerely �� Robin Park Grants Administrator DEPARTMENT OF COMMERCE COMMUNITY AND ECONOMIC DEVELOPMENT Division of Community Advocacy Grants Section P.O. Box 110809, Juneau, Alaska 99811 -0809 e r .vo. n__. ,nn-1 A C CQ47 T -... Tel- ..6....0. 1O11T Ar.S_SA27 Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director 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. < Designated Legislative Grant Program Grant Agreement i 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 a.. l Israntee:s A S.i, ` ^ rtrn,+ ti Cv 'a t F t: autaetrsOnx 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 48F-ozaz Fax 907 486 -9194 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 to be under this agreement begins July 1, 2006 and shall be completed no later than June 30 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 Of applicable) Attachment B: Payment Method Appendix E: Site Control Attachment C: Standard Provisions Appendix F: State Eke 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: A * Cost Category Grant Funds Total Project Cost Program Funds $25,000.00 $25,000.00 1. Project Description 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 1, 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. 2. Project Budget 3. Budget Narrative The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev 4/2006 Attachment A Scope of Work 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 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 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. Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director 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: 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 n.- m mhln narUrinmmmerre crate a4 sic Wehsiter Hun. / /wxnv.cnmmerce.state.ak.us /dca 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 Name Kodiak Island Borough Street/PO Box 710 Mill Bay Road City/State /Zip Kodiak AK 99615 Contact Person Rick Gifford, Borough Manager Phone 907 - 486 -9343 I Fax 907 -486 -9343 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. 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 Attachment A: Scope of Work 1. Project Description 2. Project Budget 3. Project Narrative 4. Project Management/Reporting 5. Forms Packet Attachment B: Payment Method Attachment C: Standard Provisions AMENDMENTS: Any fully executed amendments to this Agreement ntee Signature Printed Name and Title Rick Gifford, Borough Manager Date Designated Legislative Grant Program Grant Agreement Name Robin Park Title Grants Administrator Street/PO Box PO Box 110809 City/State /Zip Juneau, AK 99811 -0809 Phone 465 -4731 I Fax 465 -5867 Appendix A: Appendix B: Appendix B2: Appendix C: Appendix D: Appendix E: Appendix F: Signature APPENDICES Audit Regulations Audit Compliance Supplement Indemnity and Insurance State Laws and Regulations Special Requirements and Assurances for Federally Funded Projects (if applicable) Site Control State Fire Marshal Review Printed Name and Title Melanie Greer, Grants Administrator III Date Reviewed by: Cost Category Grant Funds Total Project Cost Program Funds $910,000.00 $910,000.00 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 $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. This project may include, hut 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. 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 I 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 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. cerel Robin Park Grants Administrator DEPARTMENT OF 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 Telenhone: (9071 463 Fax: (9071 465 -5867 Text Telephone: (907) 465 -5437 < Designated Legislative Grant Program Grant Agreement 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 : epartment Contact Pers 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 $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: 41 Cost Category Grant Funds Total Project Cost Program Funds $100,000.00 $100,000.00 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. 2. Project Budget Attachment A Scope of Work 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 oft 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 ark Grants Administrator DEPARTMENT OF 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 et,te ak „s Website: htt p: / /www.commerce.state.ak.us /dca Designated Legislative Grant Program Grant Agreement 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 L 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 requ 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: 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: ,1A. 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 $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. Cost Category Program Funds Grant Funds $500,000.00 Total Project Cost $500,000.00 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 1 oft 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 oft Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 Recommended motion: Move to adopt Ordinance No. 2007 -01C. Item No. 9.D 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. 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 Librarywing 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 a- • • - •ocuments deemed necessary to accept and expend the grant and to fulfill the intents and purpose of this ordinance. SECTION 3: These funds in the amount of $ 455.000 to account # 430 - 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 ORDINANCE NO. FY2007 -01C 1,583,000 ar rants Introduced by Borough Manager Requested by Borough Manager Drafted by Finance Officer Introduced: 09/21/2006 Public Hearing: 10/05/2006 Adopted: appropriated as follows: 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 � 1 Enclosures: 2 Grant Agreements Sub - Grantee's Handbook CD of Sub - Grantee Forms 1 , ; � ? t p i t II —,G C . 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. David E. Liebersbach Governor's Authorized Representative \Plate Preparedness\Mirigarion 158404 Kaklovik \1584 -0003 Kodiak Island Borough High School LibartI5S4 -0003 gram agreement coverlener.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 DECEIVE AUG 2 5 2006 KIB MANAGER 1. Agreement No. 1 2. Recipient Kodiak Island Borough 3. Award 0 Amendment ❑ Amendment# 4. Employer Tax ID # 92- 003085 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www ak- prepared. corn 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. s» Attachment 7 if Applicable 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 Z Section 16.8(c)/ 14. Recipient is required to sign and return one (1) copy of this document to the Issuing Address in block 6, within 30 days from the date in block 9. 15. Signature of Chief Financial Officer Printed Name: 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 HS&E Signatory Official (Name . nd Title) \ 4 tl , David E. Liebersbach, Governor's Authorized Representative Date r� a3SV6 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 Meeting of October 5, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.A.1 Contract No. FY 2007 -12 Purchase of a Heavy Duty Walk -in Rescue Vehicle for Bayside Fire Department Purchase of a Heavy Duty Walk -in Rescue Vehicle for Bayside Fire Department. Bayside Fire Department (BFD) is purchasing a new squad vehicle to transport firefighters and equipment to fires. One firm responded to the RFP for the Heavy Duty Walk -in Rescue Vehicle RFP. Bid is as follows: Pierce Manufacturers and Hughes Fire Equipment: $ 360,639.* *With prepayment discounts, the net Pierce bid is $342,603. Proposal was reviewed and found to be complete. At the Fire Protection Area No. 1 Special Meeting held September 19, 2006 the Board reviewed the proposal and it is recommended the award of this contract go to Pierce Manufacturers and Hughes Fire Equipment and that KIB take full advantage of the prepaid discounts. The approval would be for a not to exceed figure of $360,639. AMOUNT: Not to exceed ACCOUNT #: Fund Balance $ 360,639.00 APPROVA FO AGENDA: Recommended motion: Move to authorize the manager to enter into a contract with with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $360,639.00. OWNER - MANUFACTURER AGREEMENT I C f l d E SEP 2 2 2006 N . 2007- heWRQVl k t ff CE Contract THIS AGREEMENT, made this day of , A.D., 2005, between acting by and through its Borough Manager, party of the first part, and hereinafter called the Manufacturer. WITNESSETH: That the Manufacturer, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a Heavy Duty Walk - Rescue [Vehicle], per the Specifications [part of the Contract Documents] for same, and for the sum Three hundred sixty thousand, six hundred thirty nine ($360.639.00) Dollars. The Manufacturer further covenants and agrees that the Vehicle shall meet the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Manufacturer further covenants and agrees that the manufacturing of said Vehicle shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein. The Agreement entered into by the acceptance of the Manufacturer's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached, including the Specifications. 1. The Agreement 2. Specifications 3. Instruction to Bidders 4. Bid Schedule 5. Bid Bond hi the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Manufacturer further covenants and agrees that said Vehicle shall be furnished and delivered to the satisfaction of the herein aforementioned parties, within eight to nine [8 -9] months. It is expressly understood and agreed that in case of the failure on the part the Manufacturer for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said Vehicle before the aforesaid date, the party of the fast part shall have the right to deduct from any monies due or which may become due the Manufacturer, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Manufacturer of the existing causes over which said Manufacturer has no control and which must delay the delivery of said Vehicle, the Borough Manager may at his discretion, extend the period herein before \\Dove\Departments\ETService Districts\Fire Protection Area No. 1 Board\Heavy Duty Rescue\Agreement 08.2006.doc Page 1 of 3 i Oecified fot the4elrripry che said Vehicle, and in such case the Manufacturer shall become liable for said liquidated damages for dela s commencing from the date on which said extended period shall expire. The Manufacturer hereby . agrees to receive the prices set forth in the Proposal as full compensation for furnishing and delivering the Vehicle as specified under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Manufacturer shall not assign this Agreement, nor any part thereof or any right to any of the monies to be paid him hereunder. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said , has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH MANUFACTURER By By Rick L. Gifford Borough Manager By Attest: Charles E. Cassidy Engineering/Facilities Director By Nova M. Javier Borough Clerk Title \\Dove\Departments\EF\Service Districts\Fire Protection Area No. 1 Board\Heavy Duty RescueWgreement 08.2006.doc Page 2 of 1 INSURANCE SPECIFICATIONS Contract No. 2007 — The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Manufacturer shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Manufacturer allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Manufacturer shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Manufacturer's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Compensation: The Manufacturer shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement. Manufacturer's Liability: a) The Manufacturer shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. b) Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. The Manufacturer shall furnish certificates issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. The cancellation section of the insurance certificate will reflect that should any of the described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail thirty [30] days written notice to the Certificate Holder (Kodiak Island Borough), but failure to do so shall not impose no obligation or liability of any kind upon the insurer, its agents or representatives. Additional Insured: The Kodiak Island Borough will be included as an additional insured under Pierce Manufacturing, Inc.'s Blanket Additional Insured Endorsements for general liability and auto liability subject to the policy terms, forms, conditions, and exclusions. Indemnification: To the fullest extent permitted by law, Pierce Manufacturing, Inc. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove\Departments\EFService Districts\Fire Protection Area No. 1 Board\Heavy Duty Rescue \ Agreement 08.2006.doc KODIAK ISLAND BOROUGH FOR WAYSIDE FIRE ODIAK ISLAND BOROUGH MILL BAY ROAD 4 i DIRK AK 99615 -6398 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT °N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS On 1 / REPRESENTATIVES. L_} n AUTHORIZED REPRESENTATB&_ k:,U,(',J ' f' t ,4_, Daniel J. Sapiro TNSH LTR AUU'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY tn DATE (MWDDWY) POLICY EXPIRATION DATE (MM/DDIYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY RBS0001157 04/01/06 04/01/07 EACH OCCURRENCE $1,000,000 X PREMISES (Ea E ocwrence) $500,000 CLAIMS MADE X OCCUR MED EXP (My one person) $ PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ 2,000,000 POLICY PRO- n LOC JECT U W AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TJCAP118D2004TIL05 TECAP118D201605 (TX) 10/01/05 10/01/05 10/01/06 10/01/06 COMBINED SINGLE LIMIT Ea C accident) $ 1 000 000 r / X BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ — GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY 4585354 04/01/06 04/01/07 EACH OCCURRENCE $25,000,000 X'OCCUR CLAIMSMADE AGGREGATE $25,000,000 DEDUCTIBLE RETENTION $ $ $ $ C, D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? describe under If SPECIAL PROVISIONS below TRJUB117D757705 TC2HUB117D756505 10/01/05 10/01/05 10/01/06 10/01/06 WLSIAIU- UIH- X TORY LIMITS ER E.L.EACHACCIDENT $1 000 000 I r E.L. DISEASE- EAEMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Subject to bid acceptance the Certificate Holder will be included as an Additional Insured for General Liability as respects the bid for: ONE(1) PIERCE(TM) HEAVY DUTY WALK IN RESCUE VEHICLE - BAYSIDE. BID OPENS 9/19/06. ACORD, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Hays Companies of WI 1200 N. Mayfair Road Suite 100 Waukee WI 53226 ne:414- 443 -0000 Fax:414- 259 -8448 INSURED Pierce Manufacturing Inc. P 0 Box 2017 Appleton WI 54912 -2017 OP ID KV 90SHTRK THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Scottsdale Insurance Company INSURER B: Lexington Insurance Co. INSURER C: Travelers PropCae Co ofAmerica INSURER D: The Travelers Indm Co. of Am. INSURER E: Travelers Ind. of Connecticut DATE (MMIDD/YYYY) 9/12/06 NAIC # 25674 25666 25682 OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE HOLDER ACORD 25 (2001 /08) CANCELLATION © ACORD CORPORATION 1988 KODIAK ISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: September 21, 2006 TO: Borough Assembly THRU: Rick Gifford, Borough Manager FROM: Bud Cassidy, Director, Engineering and Facilities Departmen SUBJ: Bayside Fire Department — Bid for Second Fire Apparatus L INTRODUCTION The Service Area Board voted unanimously to recommend to the Assembly the purchase of a second vehicle for Fire Protection Area No.1 — Bayside Fire Station. This vehicle is one that transports volunteer firefighters who first report to the station and their equipment before going to the scene of the fire. This vehicle will also be manufactured by Pierce Manufacturing. It is basically the same engine, chassis and cab as the most recently approved Triple Combination Pumper. II. 2006 DIESEL ENGINE The second response vehicle has been desired by the district, and in fact was to be purchased in next year's budget. The time table to speed up this purchase is due to new diesel engine regulations that will require 2007 diesel engines to burn ultra low sulfur diesel, thus this will require the 2007 engine to be larger, more expensive, and require a reconfiguration of the chassis to accept the larger engine. Cost savings are estimated to be approximately $16,000. Because of the potential of a more expensive 2007 vehicle, the Board opted to purchase a second truck with the cheaper 2006 diesel engine. III. OTHER SAVINGS However, there are other benefits to purchasing immediately versus in 2007. Pierce Manufacturing is offering a second (multiple) vehicle discount of $10,000. As well, there is a cost savings of 34% (due to price yearly price escalation that will save approximately 11,000 - $14,900). The total savings to purchase a vehicle in 2006 vs in 2007 is approximately $37,000 — 40,900. IV. BID OPENING Only one bid was received on this purchase. Another vendor was interested, but did not respond. Upon review of the bid, and after discussion of potential other bids, the Board felt the sole bid by Pierce Manufacturing be approved because of the value of not only standardizing all of TO: FROM: SUBJECT: DATE: CC: Dear Assembly: KODIAK ISLAND BOROUGH Bayside Fire Station (907) 486 -4536 Phone (907) 486 -3025 Fax MEMORANDUM Kodiak Island Borough Assembly Fire Protection Area No. 1 Chair, Scott Arndt Purchase of Heavy Duty Walk -In Rescue Vehicle 9/21/2006 Rick Gifford, Borough Manager; Bud Cassidy, Eng/Fac Director At the Special Meeting of Fire Protection Area No. 1 on September 19, 2006, the one bid that was received by the Borough on the Heavy Duty Walk in Rescue Vehicle submitted by Pierce Manufacturing, Inc./Hughes Fire Equipment was discussed by the board. After discussion, the Board unanimously voted to recommend to the Borough Assembly to award to Pierce Manufacturing, Inc./Hughes Fire Equipment the purchase of said vehicle in a NTE amount of $360,639.00, f.o.b. Kodiak. This vehicle is to be used to transport Bayside Fire Station personnel and equipment to fire scenes within Fire Protection Area No. 1 and where ever else they may be needed. Thank you for your consideration, Bid Price $360,639.00 Less Prepayment Discount (8,870.00) Require Performance Bond 865.00 Less Chassis Progress Payment (4,650.00) Less Payment on Remaining Balance Discount (4,516.00) TOTAL: $342, 603.00 Scott Arndt, Fire Protection Area No 1 Chair Minutes Bid Opening — BFD Heavy Duty Walk In Rescue Vehicle September 19, 2006 — KIB Assembly Chambers Present: Bud Cassidy and Jessica Kepley representing Kodiak Island Borough Engineering and Facilities Department. Scott Arndt, Mike Dolph and Bob Himes representing Bayside Fire Department and Fire Protection Area No. 1 Board. B. Cassidy opened the bidding at 3:01 pm. One bid was received from: Pierce Manufacturers and Hughes Fire Equipment, Inc. with a bid proposal of $360,639. The bid was initially reviewed for completeness. The Bid Opening was adjourned at 3:15 p.m. N . U U N a 0 w 0 0 w N C) U O1 0 $4 a w W N U 04 w C1 O U ri O N ▪ m --- a Bid Opening Checklist sagbng /aozaid $360,639.00 > \ > > Mali ODTld iesodozd paubig ainpagos PIE paubTs Corporate Acknowledgement 15% Bid Bond N . U U N a 0 w 0 0 w N C) U O1 0 $4 a w W N U 04 w C1 O U ri O N ▪ m --- a Bid Opening Checklist BID SCHEDULE Heavy Duty Walk -In Rescue Vehicle — Bayside Fire Department in strict Pierce Manufacturing, Inc. conformance with the Contract Documents, will famish and deliver the speci Vehicle fort the lump sum of: Three hundred sixty thousand six hundred thirty nine * dollars $ 360,639.00* * Please see our proposal price page for available deductions and discounts. Respectfully submitted: B Pierce Manufacturing, Inc. Manufacturer (Seal if by Corporation) Signature Date: September 19, 2006 \\ Dove \Depts \EF \Projects \Forms \Bid schedule.doc Page 1 of 1 Sale Representative Title 2600 American Drive Business Address Appleton, WI 54914 September 19, 2006 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 • Pierce Manufacturing, Inc. and Hughes Fire Equipment, Inc. are pleased to offer for your consideration the enclosed proposal for one (1) Heavy Duty Walk -In Rescue Vehicle - Bayside, per your invitation to bid. The price for this Saber Heavy Duty Walk -In Rescue is $360,639.00 F.O.B. Kodiak, Alaska. The unit would be ready for delivery from the factory within 8 to 9 calendar months after execution of the contract. If the Borough will make a chassis progress payment, $4,650.00 will be deducted from the proposal price. The chassis progress payment in the amount of $155,004.00 will be due three (3) months prior to the ready for delivery from the factory date. If the Borough will pay any remaining balance due upon completion of the unit at the factory $4,516.00 will be deducted from the proposal price. If the Borough elects to pre -pay for the entire unit, upon execution of the contract and or receipt of the performance bond if required, an additional $8,870.00 will be deducted from the proposal price. This deduction is in addition to all other discounts listed above and is based upon the Borough paying cash or leasing the unit through Oshkosh Capital. If the unit is leased through a different lending institution the pre -pay deduction available is $8,088.00. If the Borough would like to consider a pre - payment of less than 100% the available deduction will be provided upon request. If all of the above options and payment deductions were elected, the net unit price would be $342,603.00 F.O.B. Kodiak, Alaska. If the Borough deducts the performance bond requirement, $865.00 will be deducted from the proposal price. The potential savings for ordering this unit now is approximately $16,000.00 for the 2006 model year engine. We have included a multiple unit discount of $10,000.00 because of the recent board approval for awarding the Triple Combination Pumper. These items together will potentially be a savings of at least $26,000.00 towards to the cost of this unit. You may also be able to realize additional savings if we are able to tie the inspection trips for the pumper with the inspection trips for this unit. This is just a possibility and cannot be guaranteed at this point. We have currently been able to secure a hold on a 2006 engine for this unit for a period of 30 days. This hold is superseded by firm customer orders, which means that the hold will last no more than 30 days but could be shortened based on firm orders the factory receives. For clarification, the Federal Environmental Protection Agency has mandated new emission standards for diesel engines that takes affect on all engines built after December 31, 2006. The new engines meeting these standards are known as 2007 engines. Engines meeting the current standard are know as 2006 engines. Firm prices have not been given by the engine manufacturers but they are suggesting we should estimate that the 2007 engines will cause an increase in price in the neighborhood of $16,000.00 per engine. Sincerely, J1f k --tip Nick Hendricks Sales Representative Pierce Manufacturing, Inc. NH /st Since Pierce has no control over the supply of these engines and the federal regulatory standard that is causing these changes we can not guarantee that the 2006 engines will be available at the time of contract signing. If, at the time of contract signing, the 2006 engines are no longer available and a 2007 engine is required, it will be the 2007 engine and cost would be reflected eflected in Island the added expense of the final contract price. bid bond issued n the event that the the Pierce are r y included as terms of the no longer available. Hughes Fire Equipment, Inc., located in Springfield, Oregon, is the Pierce dealer for your territory and can be reached by calling 800 - 747 -65 Pierce Manufacturing, Inc., a subsidiary of Oshkosh Truck Corporation, has been is the manufacturing business since 1913 in Appleton, Wisconsin, and also has facilities located in Weyauwega, Wisconsin and Bradenton, Florida. This proposal may be utilized for Cooperative Purchasing by other public agencies. We would like to thank you for inviting us to submit a bid on this equipment. If we can be of further assistance, please feel free to contact us. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 ITEM NO. 13.A.2 Contract No. FY2007 -13 Kodiak Island Borough Administrative Building Cleaning Services. This contract will award the custodial contract for janitorial service in the Kodiak Island Borough Administrative offices for one year, with the possibility of two, one -year extensions. The Borough Engineering and Facilities Department went out to bid and received two responses: • Tuan's Island Professional Cleaning Services for the amount of $45,600; and • Benjie's Janitorial Services for the amount of $47,757. References for the low bidder, Tuan's Island Professional Cleaning Services, were sought and responses were good. The Engineering and Facilities Department recommends awarding a contract for custodial services to Tuan's Island Professional Cleaning Services in the amount of $45,600. FISCAL NOTES ACCOUNT NO. 220.232.450.410 Budgeted Amount: $ 45,600.00 APPROVAL FOR AGENDA: ga? cfr Manager Recommended motion: Move to award Contract No. FY2007 -13 to Tuan's Island Professional Cleaning Services in an amount not to exceed $45,600. Minutes Bid Opening — MB ADMINISTRATIVE BLDG CLEANING SERVICES September 21, 2006 @ 10:00 a.m. — MB Assembly Chambers Present: Bud Cassidy and Jessica Kepley representing Kodiak Island Borough Engineering and Facilities Department. B. Cassidy opened the bidding at 10:00 a.m. Two bids were received from: Tuan's Island Professional Cleaning Services in the amount of $45,600 with Additional Services as Requested cost of $65 /per hour. Benjie's Janitorial Services in the amount of $47,575 with Additional Services as Requested cost of $25 /per hour. The bids were initially reviewed for completeness and both were found qualified. The apparent low bidder is Tuan's Island Professional Cleaning Services. We will attempt to contact the references provided and proceed with contract execution. The Bid Opening was adjourned at 10:15 a.m. rl U w C) U C C w a -H O ro 0 0 w N 0 U w O $a N a q O v,1 o Q ro a Bid Oflenin2 Checklist Benjie's Janitorial Services $47,575 with Add. Srvcs at $25/hour \ > V/N > \ > \ Tuan's Island Professional Cleaning Service $45,600 with Add. Srvcs at $65/hour V/N wag aoud lesodoid pauB!S Signed Bid Schedule auatua4a1Mouxoy awiodioa Performance Bond (Rec'vd by contract execution) Non Collusion Affidavit AK Business License List of References rl U w C) U C C w a -H O ro 0 0 w N 0 U w O $a N a q O v,1 o Q ro a Bid Oflenin2 Checklist D 1.01 CONTRACT PERIOD 1.02 BILLING INSTRUCTIONS 1 03 KEY CONTROL Kodiak Island Borough Building Cleaning Contract Agreement BOROUGH CLERK'S OFFICE This Agreement is executed this day of 20 by and between the Kodiak Island Borough (hereinafter referred to as the "Borough ") and (hereinafter referred to as the "Contractor "). 1.0 GENERAL PROJECT REQUIREMENTS This contract commences from through with options to renew for two (2) additional one (1) year periods. Prior to Contractor submitting a monthly invoice to the Borough for services rendered - as identified within this contract — a monthly inspection, between the Contractor and the Engineering /Facilities Department designee, will take place to determine the Contractor's job performance throughout the month. This inspection will be held on an agreed upon day during the third week of the month, unless otherwise scheduled, at which point notice of a change in date will be given to the Contractor. Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road Kodiak, AK 99615 Payment will be made based upon the costs as bid in the Bid Schedule attached. Contractor shall submit a request for payment to the Borough prior to the last work day of the month. Contractor shall be paid monthly by the Borough based on documentation provided by the Contractor for the actual work completed; this documentation will include a copy of the monthly inspection form provided to the Contractor by the Engineering/Facilities designee. The Borough will issue payment to Contractor within thirty (30) days of receipt of invoice and required documentation. Special emphasis is placed on key control. The Contractor is required to sign for all keys. All keys are to be obtained from the Engineering/Facilities Department and are to be returned to that office upon completion of this Contract. No duplicates are to be made; in the event of \\ Dove\ Depaznnents \EF\Facilities\Borough Building\Borough Bldg. Jan itorial\lanitorial 2006-2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc lost keys, contact the Engineering/Facilities office at 486 -9343 for replacements. The Contractor shall be liable for all costs incurred due to lost or misplaced keys, including the cost of re- keying any and all doors affected. The Borough considers security a paramount issue. - 1.05 CONTRACTOR AND EMPLOYEE QUALIFICATIONS 1.06 CONTRACT EXTENSION 1.04 CONDUCT OF WORK All work performed under this Contract shall be completed without interfering with the proper performance of the facility operation, facility business or work being done by other contractors. The Contractor shall prevent its employees from disturbing material on desks, opening drawers or cabinets, or using telephones provided for facility use. If removed for cleaning convenience, furniture and wastebaskets will be replaced in their original locations and all electrical items will be reconnected to their outlets. NOTE: Computer Terminals, monitors, keyboards or printers shall not be touched or disturbed or unplugged by the Contractor or any of its employees while performing any work under this Contract. The Contractor and all employees shall be capable and experienced in the type of work to be performed under this Contract: The Contracting Officer may require removal of any worker from the Project whom he deems incompetent, insubordinate, or otherwise objectionable. The Contracting Officer may also require removal of any worker from the Project whose continued employment on the Project is deemed contrary to the public's or facilities best interests. Unless otherwise provided in the Contract Documents, the Borough and the Contractor agree: A. That any holding over of the Contract beyond any exercised renewal options will be considered a "month-to- month" extension. All terms and conditions as set forth in this Contract shall remain in full force and effect; and B. Each party shall provide the other party with notice of intent to cancel such "month-to- month" extensions at least thirty (30) days prior to the desired date of cancellation. 1.07 COMMUNICATIONS At least one (1) person at the supervisory level who can understand, speak, read, and write English fluently must be present at all times on each shift during the performance of any work under this Contract. 1.08 PRESENCE OF MINORS 1\Dove\DepartmentsEFFacilities \Borough Building\Borough Bldg. JanitorialUanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc No minors under eighteen (18) years of age, including family members of the Contractor or its employees, are to be on the facility site during Contract work hours and are prohibited from performing any work under this Contract. 1.09 CANCFT I.ATION OF CONTRACT The Borough reserves the right to cancel the Contract for any reason, by providing the Contractor with a thirty [30] day advance written notice. Cancellation shall be immediate if for any reason the premises become temporarily or permanently tenantless. If temporarily tenantless, once the premises are again usable, the Borough shall so notify the Contractor and the janitorial services shall resume as though no disruption had occurred, except that payment shall be adjusted to reflect services not performed. 1.10 INSURANCE REQUIREMENTS Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at its own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B. Comprehensive ( Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non -owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. 1.11 PERFORMANCE BOND \\ Dove\ Departmen ts\EF\Facilities\Borough Building\Borough Bldg. JanitorialUanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc The Contractor shall furnish, as a condition to Contract Award, a Performance Bond in an amount equal to 25% of the total Contract Award amount as a security for the faithful performance of all the Contractor's obligations under the Contract Documents. The bond shall remain in effect until all obligations under this Contract have been met. All bonds shall be executed by such sureties as are authorized to do business in the State of Alaska. 1.12 INSPECTION OF WORK/DEFICIENT WORK Unless otherwise specified in the Contract Documents, the Contractor or the Contractor's designee shall, upon notification by the Borough, be present at the designated location to conduct an inspection with the Borough's representative. Such inspections are to occur on the day of notification. Required corrections resulting from deficient work shall be accomplished immediately after the inspection or at the sole discretion of the Borough, an alternate time If the Contractor fails to appear for an inspection or a deficiency is not corrected within the stated period of time, the Borough may have the work performed by others and deduct that cost from the next payment due under the Contract. Daily checklist items that are missed during regular shift hours will be corrected the following shift period. Failure to do so or the issuance of more than two (2) reminders per deficient item will result in the Contractor receiving a Valid Deficiency Claim (VDC). Failure to correct a deficient item of work within the established time period and in accordance with Contract requirement, shall constitute a VDC and cause the Borough's representative to issue a written notice to the Contractor. A copy of the VDC will be retained by the Contracting Officer for the Contract file. The notice shall describe each item of work that is deficient, reference the applicable Contract requirement and denote the amount of time allowed to correct each deficiency. In addition, it shall notify the Contractor of the dates of all reminders and/or VDCs issued under the Contract and describe the consequences should additional VDCs be issued. Failure to appear for a requested inspection or the issuance of more than three (3) VDCs in a twelve (12) month period will be grounds for the Contracting Officer to declare the Contractor in default and cancel the Contract. 1.13 WORK AREA INCREASE/DECREASE The Contracting Officer reserves the right to increase or decrease the work area within the Project. By signing this contract the Contractor indicates its agreement with this provision. 1.14 BUILDING SECURITY Building security is of major concern. The Contractor will ensure that all doors, indicated as security doors, are kept locked at all times except when the room/area is occupied by the agency assigned to that specific room/area of the building. All entrance doors shall be locked and all windows shall be closed and locked. Contractor shall be held responsible for the security of the Building during and upon completion of its daily work as set forth in this Agreement. Contractor agrees to be present in the building at 5:00 p.m. and during the hour of 11:00 p.m. — 12:00 p.m. each work day in an effort to secure the building at the end of the work day and in the evenings, after any meetings have been held within the building. \\ Dove\ Depar tments\EF\Facilities\Borough Building\Borough Bldg. JanitoriaNanitorial 2006-2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc 2.0 EQUIPMENT REQUIREMENTS 2.01 EQUIPMENT SPECIFICATIONS The total number of pieces of each type of equipment required to accomplish all the required scheduled tasks within the time constraints as specified in these Contract Documents is to be determined by the Contractor. All equipment that is to be used in the performance of any work called for in these Contract Documents must be rated at 15 AMPS or less. All electrical cords, feeder or extension, shall be free of cracks and/or breaks. Spliced or bound cords shall not be used. The Building Maintenance Engineer will reject the use of any equipment that is not maintained in an acceptable condition. 3.0 LISTING AND DESCRIPTION OF WORK ITEMS 3.01 SCOPE OF WORK Provide all labor, tools, equipment, materials, and supplies needed to perform the work as outlined below at the Kodiak Island Borough Administrative Building [Building]. The Contractor must also comply with all applicable Federal and State labor, wage and hour, safety and associated laws which have a bearing on the services provided Cleaning shall take place on a five day work schedule, Monday through Friday (5:00 p.m. to 7:30 a.m.), with the exception of the following holidays: New Year's Day —1 January Memorial Day — last Monday in May Independence Day - 4 July Labor Day — 1st Monday in September Thanksgiving Day — 4th Thursday in November Christmas Day — 25 December A. WORK AREA INCLUDED - All offices (60), hallways (5), entryways (4), storage areas (7), conference rooms (4), Assembly Chambers (1), stairs and stairwells (3), common areas /copy rooms (4) and restrooms (8) in the Building; as well as the office building located at 720 Egan Way, which includes offices (2), conference room (1), bathroom (1), hallway (1), and common area (1). This will include all windows, floors and walls up to 6' (72 "). All paperwork and items shall remain untouched and shall not be removed from desks, even if it should appear to be trash. B. DUMPSTERS/TRASH REMOVAL FROM SITE - Dumpster services are provided by the Borough. Contractor is to place all trash/debris from the facility into the dumpster. At no time will trash be stored inside the Building. C. MISCELLANEOUS SUPPJ.IFS - The Contractor shall furnish the following supplies: \\ Dove\ Departments\EF\Facilities\Borough Building\Borough Bldg. Janitorial \anitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc - Toilet Seat Covers - Toilet Tissue - Hand Soap - Sanitary Napkins - Restroom Deodorizers - Paper Towels - Plastic Liners (to fit adequately all sizes of trash cans on premises) - Urinal Deodorizers - Urinal Screens NOTE: The cost of these supplies will be the responsibility of the Contractor. D. DISPENSERS - The Contractor will provide dispensers for the various supplies when necessary. The cost will be the responsibility of the Contractor. E. SUPPLY AND EQUIPMENT STORAGE - When possible, a storage area will be provided for the Contractor to store equipment and supplies. The Contractor will keep this area clean and odor free at all times. The following is the approximate square footage of flooring in the KIB Building: 27,267 sf. Note. KM will provide the appropriate chemicals, through the Kodiak Island Borough School District maintenance department, to replenish the three chemical dispensers located in the janitorial closets. Floor plans are included in these documents for your use 3.02 GENERAL SPECIFICATIONS A. DAILY SERVICES Empty trash receptacles, replacing liners as necessary. All trash receptacles will be completely emptied on Friday evenings. No food deposited in garbage cans is to remain in the building past Friday. Sweep, damp mop or scrub all hard surfaces in entrances, lobbies, stairwells and common areas. Vacuum carpeting in hallways and common areas (coffee/copy rooms). Sweep and damp mop or scrub bathroom floors. Pay considerable attention to sweeping out any debris in corners. Clean, disinfect and sanitize all toilets and urinals using disinfecting/sanitizing solutions only. This includes under toilet seats, under and around toilet bowls, and toilet handles. If scrubbing is needed, this will be done to remove unsanitary conditions. Clean and disinfect all bathroom fixtures (sinks, mirrors, paper towel dispensers, walls and stall partitions) and replenish toilet supplies. \\ Dove\ Departments \EF\Facilities\Borough Building\Borough Bldg. Janitorial\Janitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Clean sinks and countertops in coffee areas. Clean countertops in the following public areas: City and Borough Cashier offices, Passport (Clerk's) office, Community Development, Engineering and Assessing offices, table tops in all [4] conference rooms and Assembly Chambers. Dust, vacuum, and sanitize fixtures, furniture and carpet in Room 108 — Child Care Assistance Administration office. Dust horizontal surfaces that visibly require dusting (file cabinets, tables, desks, etc.). Do not disturb papers or items while dusting. Vacuum all offices which show visible signs of dirt, mud, paper waste, etc. Under and around chairs and furniture. Clean cigarette receptacles on outside of building. Clean, disinfect and sanitize drinking fountains. Sanitize public telephone. Dispose of all trash and garbage generated in or about the building. Clean insides of the windows and doors in entryways and hallways. Check Assembly Chambers and conference rooms for any visible signs of dirt, mud, paper waste, etc. These rooms shall be thoroughly cleaned after all meetings. A weekly calendar of events for these rooms will be provided at the beginning of each week. All chairs will be vacuumed under and around. Secure, close and lock all doors and windows in the building. This must be verified before leaving the building at the end of shift. REPORT ANY MAINTENANCE PROBLEMS OBSERVED TO THE ENGINEERRTNG/FACILITIES DEPARTMENT — ROOM 224. B. WEEKLY SERVICES Replace all wastebasket plastic liners and wipe down wastebaskets of any dirt buildup. (Replace more frequently if torn or wet.) On Fridays all trashes will be emptied. Food deposited in garbage cans will be removed and will not remain in the building past Friday. Maintain all heater vent grills and surrounding areas in a dust and lint free condition. Damp mop and spray buff all tile floors in restrooms. \\ Dove\ Departmen ts\EF\Facilities\Borough Building\Borough Bldg. JanitoriaNanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Damp wipe and clean all toilet wastepaper receptacles, walls, stall partitions and stall doors in restrooms. Sweep or vacuum and mop stairs. of doors, both inside and outside. Do no us eip e products handrails, which door may reaate hazardous dd co nd tt conditions, for instance oily solutions Do no usroducts w m onto. which may cause handrails to be overly slippery and hard to hang Vacuum carpeting and clean tables/countertops/lectern in the Assembly Chambers and all conference rooms — on Fridays and after all meetings. Clean hallway mirrors. Thoroughly vacuum all offices in the building. Under and around chairs and furniture. C. MONTHLY SERVICES Disinfect interior windows, sills, door jams and handles. Thoroughly vacuum all offices in the building. Dust all horizontal surfaces. Clean window blinds in offices on a rotating basis throughout each month. D. ANNUAL SERVICES Strip and wax floors in entranceway and hallway. Shampoo carpets in all corridors and offices. Before annual services are to commence on June 1st, the Contractor will contact the Engineering/Facilities representative to schedule dates for this work to be performed and allow the representative time to inspect the work. The deadline for these services to be done is September l Failure to follow this procedure will be cause for the Contractor to not be paid for this service. Note: The Kodiak Island Borough Administration Building g asbestos. itSta ate any the requires that any building contractor be informed regarding in the building. Attached to this document and made a part hereof, is an official listing of locations and conditions of asbestos in the Kodiak Island Borough Administration Building. It is required that any contractor and its employees performing work in the building take a 2 hour \\DovaDepartments\EF\Facilities \Borough Building\Borough Bldg. lanitorial Janitorial 2006-2009kBorough Bldg. Janitorial Agreement 2006- 2008.doc Page 8of9 asbestos handling management class. This class will be made available to the successful bidder by the Kodiak Island Borough. This Agreement contains the entire agreement of the parties and is intended to replace and supersede all prior negotiations, understandings and agreements between the parties. No modification of the terms and conditions of this Agreement will be valid or binding on the parties unless made in writing after the date hereof and signed by an authorized representative of each of the parties. KODIAK ISLAND BOROUGH By: By: Rick Gifford Borough Manager By: Charles E. Cassidy, Director Engineering/Facilities Department ATTEST: Nova M. Javier, CMC Borough Clerk \\ Dove \Departments\EFFacilities\Borough Building \Borough Bldg. JanitorialUanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Page 9 of 9 Regular Meeting of October 5, 2006 Kodiak Island Borough AGENDA STATEMENT Resolution No. 1997 -20A Item No. 13.B.1 Amending Resolution No. 1997 -20 Regarding Compensation of the Chairman of Service Area No. 1 Board. Per KIBC 4.15.050 states "Board members shall be compensated as provided by resolution of the Assembly." Service Area No. 1 budgeted $3,600 for a stipend to pay the chairman of Service Area No. 1 Board. The board requested that the Assembly approve the request. Service Area No. 1 Board will approve the minutes on Tuesday, September 26. Approved copies will be given to the Assembly on Thursday, September 28. Recommended motion: Move to adopt Resolution No. 1997 -20A. KODIAK ISLAND BOROUGH RESOLUTION NO. 1997 -20A Introduced by: Assembly Requested by: Service Area No. 1 Board Drafted by: Borough Clerk Introduced: 10/05/2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. 1997 -20 REGARDING COMPENSATION OF THE CHAIRMAN OF SERVICE AREA NO. 1 BOARD WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board members shall be compensated as provided by resolution of the Assembly;" and WHEREAS, on or before March 31 of each year, each service area board of supervisors adopts a work program, at public hearing, detailing the level of services desired; and WHEREAS, the Assembly adopted Resolution No. 1997 -20 on July 3, 1997 that provided $2,400 stipend to be paid to the chairman of Service Area No. 1 Board; and WHEREAS, in the fiscal year 2007 budget, three thousand six hundred dollars ($3,600) was budgeted for a stipend to pay the chairman of Service Area No. 1 board; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Service Area No. 1 chairman shall be paid a stipend in accordance with the amount budgeted for fiscal year 2007. Section 2: The stipend will be paid on a quarterly basis from service district funds retroactive July 1, 2006. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. 1997 -20A Page 1 of 1 Meeting of: July 3, 1997 Kodiak Island Borough AGIFNDA STATFMFNT ITEM NO 19 R 4 Resolution No. 97 -20 A RESOLUTION COMPENSATING THE CHAIRMAN OF A SERVICE AREA BOARD OF SUPERVISORS During the budget process, the board of services areas adopt a work program detailing the level of service desired and provide for a stipend to the chair to oversee the work program. The chair of Service District No. 1 determines the conditions of the roads during the winter months to dispatch the road crews for plowing and sanding. It is the opinion of the Board that the chair is entitled to compensation for time and personal vehicle use to inspect the road conditions to provide the level of service desired by the residents of the service area. FISCAL NOTES Expenditure Amount: $2400 Amount Budgeted: $2400 KODIAK ISLAND BOROUGH RESOLUTION NO. 97 -20 Introduced by: Assembly Requested by: Assembly Drafted by: Finance Director Borough Clerk Introduced: 07/03/97 Adopted: 07/03/97 A RESOLUTION COMPENSATING THE CHAIRMAN OF A SERVICE AREA BOARD OF SUPERVISORS WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board members shall be compensated as provided by resolution of the Assembly "; and WHEREAS, on or before March 31 of each year, each service area board of supervisors adopts a work program, at public hearing, detailing the level of services desired; and WHEREAS, in the fiscal year 1998 budget, two thousand four hundred dollars ($2,400) was budgeted for a stipend to be paid to the chairman of Service District No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: A chairman of a service area board of supervisors may be paid a stipend in accordance with an amount budgeted for fiscal year 1998. Section 2: The stipend will be paid on a quarterly basis from service district funds. Section 3: Any amount owing to the Kodiak Island Borough by the chairman may be off -set against this stipend at the discretion of the finance director. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF JULY, 1997 KODIAK ISLAND BOROUGH Th Jerhlrne M. Selby, Bo v ti� Cl�tuh�s?��✓ \ ATTEST: Robin Heinrichs, Presiding Officer c e n_ finyte VOL ad, onna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough. Alaska Resolution No. 97 -20 Page 1 of 1 Kodiak Island Borough Building Cleaning Contract Agreement This Agreement is executed this Borough (hereinafter refe day of Borough ( rred to as the "Borough") nd an Y and between the Kodiak Island eanin Services hereinafter refe N. Tran dba rred to as the "Contractor" Tuan s Island 1.0 GENERAL PROJECT REQUIREMENTS 1.01 CONTRACT PERIOD This contract commences from Novembe two (2) additional one (1) year periods to extend, u.o on satisfacto ,erfonnanc e . s ace Borou_h makes such an o ffer Cif va t,10• ' I 2007 -12 4 bleb ^ (4h eA� 2,tie r 1, 2006 through October 31, 2007 with the o tion t�2, e, determined solel b the Borou.h Mana•Pr f ,. u on the offerinn r the _ , the Contractor will have not more than thirt or or refuse offer. 1.02 BILLING INS TRUCTIONS Prior Pr to Contractor sub or o submitting a month] within this contract — monthly invoice to the on, Borough between t hen tr c and - e Engineering/pacilitiesDe p a monthly inspection, between the e Co Performance throughout pat anent designee, will take Contactor and the r ugh of the month. This inspection will be determine the Contractor's pon day at a given to the Contractor. change th in e date will be month, unless otherwise scheduled, a w on c agreed up during the ei h ro at which point notice of a Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay scheduled, Kodiak, AK 99615 Payment will be made based upon the costs as bid in the Bid Schedule attach Contractor shall submit a re ed. montr. Contracto shall be quest for payment to the Borou h the m the Co for the be paid work monthly by the Borough a prior to the last work provided gh based on documentation copy of Y inspection form completed; this documentation will include a Provided the monthly rm provided to the Contractor by co 1 of Y the Engineering/Facilities and Borough required will e p nt an. tioyment to Contractor within thin oug will is Y (30) days of receipt of invoice 1.03 KEY CONTROL Move \ #ghee � 200 ents\E .doc .2008F1)+acili[iesl6orough Building l Borough Bldg. JanitoriaiVanitorial 2006.20o91Borough Bldg, Janitorial Special emphasis is placed on key control. The Contractor is required to sign for all keys. ment and are to be that office upon completion of this Contract. Contract. NFo duplicates p are to be made; in he event of to to lost keys, contact the Engineering/Facilities office at 486 -9343 for replacements. The Contractor shall be liable for all costs incurred due to lost or misplaced keys, including the cost of re- keying any and all doors affected. The Borough considers security a paramount issue. 1.04 CONDUCT OF WORK All work performance of therfacility operation, facility business p r o err or work being done by other proper P contractors. The Contractor shall prevent its employees from disturbing material on desks, for opening n convenience, furniture and wastebaskets will be replaced in their original locations g and all electrical items will be reconnected to their outlets. NOTE: Computer Terminals, monitors, keyboards or printers shall not be touched or performing or unplugged by the Contractor or any of its employees while rforming an y work under this Contract. 1.05 CONTRACTOR AND EMPLOYEE SUALIFICATIONS be The erformed under this Contract. The ContractinglOfficer may require removal of any wo P from the Project whom he deems incompetent, insubordinate, or otherwise objectionable. The Contrang Officer may also require continued emp oyment on the Project is deemed removal worker contrary othe public'sho Project facilities best interests. 1.06 CONTRACT EXTENSION Unless otherwise provided in the Contract Documents, the Borough and the Contractor agree: A. That any holding over of the Contract beyond any exercised renewal options will be considered a "month -to- month" extension. All terms and conditions as set forth in this Contract shall remain in full force and effect; and B. Each party shall provide the other party with notice of intent to cancel such "month -to- month" extensions at least thirty (30) days prior to the desired date of cancellation. 1.07 COMMUNICATIONS At least one (1) person at the supervisory level who can understand, speak, read, and write English fluently must be present at all times on each shift during the performance o any AnovekDepanments�EBFaciliues \Borough Building\Borough Bldg. JanitoriaNanitonal 2006- 2009\Borough Bldg Agreement 2006- 2008.doc Pace 2 of 9 work under this Contract. 1.08 PRESENCE OF MINORS No minors under eighteen (18) years of age, including family members of the Contractor or its employees, are to be on the facility site during Contract work hours and are prohibited from performing any work under this Contract. 1.09 CANCELLATION OF CONTRACT The Borough reserves the right to cancel the Contract for any reason, by providing the Contractor with a thirty [30] day advance written notice. Cancellation shall be immediate if for any reason the premises become temporarily or permanently tenantless. If temporarily tenantless, once the premises are again usable, the Borough shall so notify the Contractor and the janitorial services shall resume as though no disruption had occurred, except that payment shall be adjusted to reflect services not performed. 1.10 INSURANCE REQUIREMENTS Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at its own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any employee or subcontractor who provides services under this Contract. Insurance in at least the required statutory amounts, covering claims under Worker's Compensation, disability benefits and other similar employee benefit acts; B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $1,000,000 combined single limit per occu ._. e ___ _ where generally applicable and will include v premise croperatio s,uindependent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non -owned vehicles and with coverage limits not less than $100,000 per person, \\ Dove\ Departments\ERFadlities\Borough Building\Borough Bldg. JanitoriaNanitorial 2006 - 20 09 \Borough Bldg. Janitorial Agreement 2006- 2008.doc Page3of9 $300,000 per occurrence bodily injury, and $50,000 property damage. 1.11 PERFORMANCE BOND The Contractor shall furnish, as a condition to Contract Award, a Performance Bond in an amount equal to 25% of the total Contract Award amount as a security for the faithful performance of all the Contractor's obligations under the Contract Documents. The bond shall remain in effect until all obligations under this Contract have been met. All bonds shall be executed by such sureties as are authorized to do business in the State of Alaska. 1.12 INSPECTION OF WORK/DEFICIENT WORK Unless otherwise specified in the Contract Documents, the Contractor or the Contractor's designee shall, upon notification by the Borough, be present at the designated location to conduct an inspection with the Borough's representative. Such inspections are to occur on the day of notification. Required corrections resulting from deficient work shall be accomplished immediately after the inspection or at the sole discretion of the Borough, an alternate time. If the Contractor fails to appear for an inspection or a deficiency is not corrected within the stated period of time, the Borough may have the work performed by others and deduct that cost from the next payment due under the Contract. Daily checklist items that are missed during regular shift hours will be corrected the following shift period. Failure to do so or the issuance of more than two (2) reminders per deficient item will result in the Contractor receiving a Valid Deficiency Claim (VDC). Failure to correct a deficient item of work within the established time period and in accordance with Contract requirement, shall constitute a VDC and cause the Borough's representative to issue a written notice to the Contractor. A copy of the VDC will be retained by the Contracting Officer for the Contract file. The notice shall describe each item of work that is deficient, reference the applicable Contract requirement and denote the amount of time allowed to correct each deficiency. In addition, it shall notify the Contractor of the dates of all reminders and/or VDCs issued under the Contract and describe the consequences should additional VDCs be issued. Failure to appear for a requested inspection or the issuance of more than three (3) VDCs in a twelve (12) month period will be grounds for the Contracting Officer to declare the Contractor in default and cancel the Contract. 1.13 WORK AREA INCREASE/DECREASE The Contracting Officer reserves the right to increase or decrease the work area within the Project. By signing this contract the Contractor indicates its agreement with this provision. 1.14 BUILDING SECURITY Building security is of major concern. The Contractor will ensure that all doors, indicated as security doors, are kept locked at all times except when the room/area is occupied by the agency assigned to that specific room/area of the building. All entrance doors shall be locked and all windows shall be closed and locked. Contractor shall be held responsible for the \\Dove\Departments\EF\Facilities \Borough Building \Borough Bldg. Janitorialanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Page 4 of 9 security of the Building during and upon completion of its daily work as set forth in this Agreement. Contractor agrees to be present in the building at 5:00 p.m. and during the hour of 11:00 p.m. — 12:00 p.m. each work day in an effort to secure the building at the end of the work day and in the evenings, after any meetings have been held within the building. 2.0 EQUIPMENT REQUIREMENTS 2'01 E4UIPMENT SPECIFICATIONS The to number of pieces of each type of equipment required to accomplish all the required scheduled tasks within the time constraints as specified in these Contract Documents is to be determined by the Contractor. All equipment that is to be used in the-performance of any work called for in these Contract Documents must be rated at 15 AMPS or less. All electrical cords, feeder or extension, shall be free of cracks and/or breaks. Spliced or bound cords shall not be used. The Building Maintenance Engineer will reject the use of any equipment that is not maintained in an acceptable condition. 3.0 LISTING AND DESCRIPTION OF WORK ITEMS 3.01 SCOPE OF W S K Provide all labor, tools' equipment, materials, and supplies needed to perform the work as outlined below at the Kodiak Island Borough Administrative Building [Buildin g]. The Contractor must also comply with all applicable Federal and State labor, wage and hour, safety and associated laws which have a bearing on the services provided. Cleaning shall take place on a five day work schedule, Monday through Friday (5:00 p.m. to 7:30 a.m.), with the exception of the following holidays: New Year's Day — 1 January Memorial Day — last Monday in May Independence Day - 4 July Labor Day — 1st Monday in September Thanksgiving Day — 4th Thursday in November Christmas Day — 25 December A. WORK AREA INCLUDED - All offices (60), hallways (5), entryways (4), storage areas (7), conference rooms (4), Assembly Chambers (1), stairs and stairwells (3), common areas /copy rooms (4) and restrooms (8) in the Building; as well as the office building located at 720 Egan Way, which includes offices (2), conference room (1), bathroom (1), hallway (1), and conunon area (1). This will include all windows, floors and walls up to 6' (72 "). All paperwork and items shall remain untouched and shall not be removed from desks, even if it should appear to be trash. Move 20 6- e2 0\ dPacilities \Borough Building\Borough Bldg. JanitonalVanitorial 2006 - 2009 \Borough Bldg. Janitorial Agreement artm08 .doc Page 5 of 9 B. DUMPSTERS/TRASH REMOVAL FROM SITE - Dumpster services are provided by the Borough. Contractor is to place all trash /debris from the facility into the dumpster. At no time will trash be stored inside the Building. C. MISCELLANEOUS SUPPLIES - The Contractor shall furnish the following supplies: - Toilet Seat Covers - Toilet Tissue - Hand Soap - Sanitary Napkins - Restroom Deodorizers - Paper Towels - Plastic Liners (to fit adequately all sizes of trash cans on premises) - Urinal Deodorizers - Urinal Screens NOTE: The cost of these supplies will be the responsibility of the Contractor. D. DISPENSERS - The Contractor will provide dispensers for the various supplies when necessary. The cost will be the responsibility of the Contractor. E. SUPPLY AND EQUIPMENT STORAGE - When possible, a storage area will be provided for the Contractor to store equipment and supplies. The Contractor will keep this area clean and odor free at all times. The following is the approximate square footage of flooring in the KIB Building: 27,267 sf. Note: MB will provide the appropriate chemicals, through the Kodiak Island Borough School District maintenance department, to replenish the three chemical dispensers located in the janitorial closets. Floor plans are included in these documents for your use. 3.02 GENERAL SPECIFICATIONS A. DAILY SERVICES Empty trash receptacles, replacing liners as necessary. All trash receptacles will be completely emptied on Friday evenings. No food deposited in garbage cans is to remain in the building past Friday. Sweep, damp mop or scrub all hard surfaces in entrances, lobbies, stairwells and common areas. Vacuum carpeting in hallways and common areas (coffee /copy rooms). Sweep and damp mop or scrub bathroom floors. Pay considerable attention to sweeping out any \\Dove\Departments\EFFacilities \Borough Building \Borough Bldg. JanitorialUanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Page 6 of 9 debris in corners. Clean, disinfect and sanitize all toilets and urinals using disinfecting/sanitizing solutions only. This includes under toilet seats, under and around toilet bowls, and toilet handles. If scrubbing is needed, this will be done to remove unsanitary conditions. Clean and disinfect all bathroom fixtures (sinks, mirrors, paper towel dispensers, walls and stall partitions) and replenish toilet supplies. Clean sinks and countertops in coffee areas. Clean countertops in the following public areas: City and Borough Cashier offices, Passport (Clerk's) office, Community Development, Engineering and Assessing offices, table tops in all [4] conference rooms and Assembly Chambers. Dust, vacuum, and sanitize fixtures, furniture and carpet in Room 108 — Child C Administration office. are Assistance Dust horizontal surfaces that visibly require dusting (file cabinets, tables, desks, etc.). Do not disturb papers or items while dusting. Vacuum all offices which show visible signs of dirt, mud, paper waste, etc. Under and around chairs and furniture. Clean cigarette receptacles on outside of building. Clean, disinfect and sanitize drinking fountains. Sanitize public telephone. Dispose of all trash and garbage generated in or about the building. Clean insides of the windows and doors in entryways and hallways. Check Assembly Chambers and conference rooms for any visible signs of dirt, mud, etc. These rooms shall be thoroughly cleaned after all meetings. A weekly calendar of events for these rooms will be provided at the beginning of each week. g paper wa and around. All chairs will be vacuumed under Secure, close and lock all doors and windows in the building. This must be verified before leaving the building at the end of shift. REPORT ANY MAINTENANCE PROBLEMS OBSERVED TO TIC ENGINEERING/FACILITIES DEPARTMENT — ROOM 224. B. WEEKLY SERVICES Agreement 206-20 J8 dFacilities \Borough Buildingkgorough Bldg. lanitonalUanitorial 2006-2009 \gorou h Agreement artmentskER c Page 7 of 9 g Bldg. Janitorial Replace all wastebasket plastic liners and wipe down wastebaskets of any dirt buildup. (Replace more frequently if tom or wet.) On Fridays all trashes will be emptied. Food deposited in garbage cans will be removed and will not remain in the building past Friday. Maintain all heater vent grills and surrounding areas in a dust and lint free condition. Damp mop and spray buff all tile floors in restrooms. Damp wipe and clean all toilet wastepaper receptacles, walls, stall partitions and stall doors in restrooms. Sweep or vacuum and mop stairs. Sanitize /disinfect handrails, door knobs, handles and door jams of doors, both inside and outside. Do not use products which may create hazardous conditions, for instance oily solutions which may cause handrails to be overly slippery and hard to hang onto. Vacuum carpeting and clean tables /countertops /lectern in the Assembly Chambers and all conference rooms — on Fridays and after all meetings. Clean hallway mirrors. Thoroughly vacuum all offices in the building. Under and around chairs and furniture. C. MONTHLY SERVICES Disinfect interior windows, sills, door jams and handles. Thoroughly vacuum all offices in the building. Dust all horizontal surfaces. Clean window blinds in offices on a rotating basis throughout each month. D. ANNUAL SERVICES Strip and wax floors in entranceway and hallway. Shampoo carpets in all corridors and offices. Before annual services are to commence on June 1st, the Contractor will contact the Engineering/Facilities representative to schedule dates for this work to be performed and allow the representative time to inspect the work. The deadline for these services to be done is September 1 Failure to follow this procedure will be cause for the Contractor to not be paid for this service. \\Dove\Departments \EP\Facilities \Borough Building \Borough Bldg. Janitorial\Janitorial 2006 -2009 \Borough Bldg. Janitorial Agreement 2006- 2008.doc Page 8 of 9 Note: The Kodiak Island Borough Administration Building contains asbestos. State law requires that any building contractor be informed regarding the location and condition of any asbestos in the building. Attached to this document and made a part hereof, is an official listing of locations and conditions of asbestos in the Kodiak Island Borough Administration Building. It is required that any contractor and its employees performing work in the building take a 2 hour asbestos handling management class. This class will be made available to the successful bidder by the Kodiak Island Borough. This Agreement contains the entire agreement of the parties and is intended to replace and supersede all prior negotiations, understandings and agreements between the parties. No modification of the terms and conditions of this Agreement will be valid or binding on the parties unless made in writing after the date hereof and signed by an authorized representative of each of the parties. KODIAK ISLAND BOROUGH By: By: Rick Gifford Borough Manager Charles E. Cassidy, Director Engineering/Facilities Department ATTEST: Nova M. Javier, CMC Borough Clerk \\Dove\Departments\EF1Facilities \Borough Building \Borough Bldg. JanitorialVanitorial 2006- 2009\Borough Bldg. Janitorial Agreement 2006- 2008.doc Page 9 of 9 TUAN N. TRAN dba TUAN'S ISLAND " n PROFESSIONAL CLEANING SERVICE v rorpcy''1 at By: Tuan N. Tran, Owner Present: Absent: Sharon Lea Adinolfi Kevin Arndt Greg Spalinger Scott Arndt Charlie Lorenson Ed Mahoney Dennis Synunons SERVICE DISTRICT NO.1 BOARD REGULAR MEETING MINUTES JULY 25, 2006 @ 7:00 P.M. BAYSIDE FIRE HALL CALL TO ORDER: CHAIR E. MAHONEY called the meeting to order at 7:00 p.m. ROLL CALL: Staff: Jessica Kepley, E Bud Cassidy, B/F Cassandra Juenge , KIB Finance then 13. 7ECEPVE it SEP 2 8 2006 BOROUGH CLERK'S OFFICE A quorum was established. Also present were a number of Woodland Acres Subdivision residents and other SDI residents. (please see attached public sign in sheet.) ACCEPTANCE OF AGENDA: It was presented O to move New Business ahead SECONDED, Old Business foor ofetheenda is as attendees. The motion CARRIED unanimously. public ACCEPTANCE OF FINANCIAL STATEMENT: S. ARNDT asked to postpone the acceptance of the Financial Statement due to insufficient information. The Board concurred. APPROVAL OF MINUTES: It was MOVED, S. ARNDT, and SECONDED, D. SYMMONS to approve the Minutes [7 June 2006J as submitted to the Board. The motion CARRIED unanimously. VISITOR'S COMMENTS: Residents brought concerns to the Board re the paving of the Woodland Acres Subdivision. Concerns varied from the ditching work under the responsibility of the Service District I Board, to drainage problems around the service area. One resident asked that meetings be scheduled more frequently with more warning given to the residents of the District so they may be able to attend the scheduled meetings. It was asked by another resident that the Board assist with resolving situations such as residents filling the ditches in front of their property HDovelDepartmentstERService Districts\Service Area No. 1 Board\Agendas and Minutes\Service District Minutes\Service District Minutes 20 061Minutes 25 July 06.doc with miscellaneous debris from their yards, etc. because this causes drainage problems for all in the area. CHAIR'S REPORT: CHAIR MAHONEY reported there is a recurring issue with the ditches and drainage in the area of Sean Circle; there have been major drainage issues due to heavy rains and debris clogging up the ditches in this part of the subdivision . E. MAHONEY told the Board that the sign installation within the District was complete. 30 replacement signs were ordered and installed for a total of $13,759.42. The CHAIR reported the guardrail on Puffin Drive was installed in order to protect the homes. The cost for this was $17,800. He also stated the calcium chloride was completed on all roads within the Service District. Those that had been left out of the last application had been addressed. E. MAHONEY asked everyone to be patient with the condition of the roads during the current season; due to the heavy rains, the roads are in fairly bad shape and there is not a lot the Board or the Contractor can do until the rain stops and the roads dry out. NEW BUSINESS: A. SERVICE DISTRICT 1 CONTRIBUTION TO WOODLAND ACRES PAVING PROJECT VICE CHAIR, S. ARNDT proposed the Board contribute a specific amount of funds to the paving project within the Woodland Acres Paving District. It was MOVED, S. ARNDT and SECONDED, D. SYMMONS to contribute a total of $30,000 to the Woodland Acres Paving District; $15,000 to be distributed from the FY07 budget and $15,000 to be distributed from the FY08 budget. This money would be an "undesignated" sum, to be contributed for the paving project, to assist with construction costs. SDI is to continue addressing the ditching and culvert issues in the meantime per the maintenance contract for the area. A roll call vote was taken and the motion PASSED, 4 -2. It was MOVED, K. ARNDT and SECONDED, C. LORENSON to amend the motion to contribute a total of $15,000 to the project instead of the $30,000 originally voted on. A roll call vote was held and the motion FAILED, 3 -3. B. CAPITAL IMPROVEMENT PROJECT LIST B. CASSIDY addressed the attendees telling them that even if the Assembly did not pass the paving project for Woodland Acres, there was the possibility that funding could be received from the State of Alaska Legislature, since this project will be included on the 2007 CIP list to go before the Legislature, as future roads that need to be paved. He informed the public and the Board that this year the CIP process would be starting earlier, and any projects that needed funding would be prioritized and put on the list. S. ARNDT proposed the Board gather a list of Service District roads that may need to be paved to add to the CIP list. One \\Dove\Departments\EFService Districts\Service Area No. I Board \Agendas and Minutes\Service District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc project he asked receive more attention was for the KIB to repave the Borough portion of Selief, requesting this be included on the next meeting's agenda. C. FUTURE OUTLOOK/PLANNING FOR ROADS — PAVED AND UNPAVED W/IN THE SERVICE DISTRICT. CHAIR MAHONEY brought to the Board's attention his concern re the long term plan for the Service District I roads. As the Board is responsible for the maintenance of these roads, it is possible the budget will not have enough funds to cover this. He asked that the Board address the longevity of the roads, possibly looking at a 20 year plan, to cover the hefty costs of paving and/or maintaining these roads. K. ARNDT told the Board that his initial reason to be on the Board was to see that the roads within SDI were paved; the way to do this is to establish paving districts. He felt the Board should be interested in and do something about the roads. It would be very beneficial to pave the roads within the District. Maintenance costs would be lower, problems fewer. He suggested raising the mil rate for the District to 2.5 in order to pave all the roads and to keep them up. S. ARNDT interjected with information that the last mil rate increase almost didn't pass by the Assembly. Any mil rate increase would cause a major impact to the public and asked that if this were to be a possibility, more public hearings be held to inform the residents of the District and to get their input on the matter. Previous public hearings and discussions that have been held show the public not in favor of raising the mil rate. C. LORENSON agreed with K. ARNDT that the benefits of paving the roads within the District would be substantial especially over a long period of time. The Board discussed the issues of paving the roads, bringing the roads up to standards in order to pave them, the benefits of public hearings, and the intention of raising the mil rate to fund the paving of the roads. D. JOHN PARKER'S LETTER — DAMAGES TO CULVERT/BRECHAN John Parker brought before the Board a letter he sent to Brechan addressing an issue with a culvert on his property. He asked the Board to inspect the culvert to determine who was responsible for maintaining and repairing the damages apparently caused by one of Brechan's operators during the last snow fall, as he had received no response from Brechan Enterprises. Brief discussion was held on this matter and it was decided that Board members and Eng/Fac Director B. CASSIDY would inspect the culvert immediately after the meeting. Photos of the culvert and a copy of the letter were provided to the Board by J. PARKER. A letter of response by L. ROCHELEAU of Brechan Enterprises, was received by the Eng/Fac office and this was provided to the Board for their review. OLD BUSINESS: A. WOODLAND ACRES SUBDIVISION PAVING PROJECT 2006 UPDATE B. CASSIDY reported the Borough Assembly was reviewing the budget in an effort to determine the overall cost and to gather a consensus on the paving alternatives that were given. \\DovelDepartmentslERService Districts\Service Area No. I Board\Agendas and Minutes\Service District Minutes\Service District Minutes 20 061Minutes 25 July 06.doc B. CALCIUM CHLORIDE This had been purchased and the contractor had delivered it. C. ACTION ITEMS FROM PREVIOUS MEETINGS 1. CITY FUNDING PARTICIPATION TO WASPP B. CASSIDY met and discussed with Howard Weston and Mark Kozak of the City of Kodiak Public Works and Engineering office to find out if they were willing to help fund the Woodland Acres Subdivision Paving Project. They were not inclined at this point to fund the project. Any issues such as utility line issues and sewer line issues are to be addressed prior to the application of the asphalt, to avoid cutting into it, should the project go forward. 2. ROLE/RESPONSIBILITY OF BOARD ON PAVING PROJECT The Board was given clarification as to their role and responsibility of paving projects. This role is to listen to the public comments and make recommendations to the Assembly. S. ARNDT told the Board that in the past the Board was told anything that had to do with construction within in the Service District was the responsibility of the Kodiak Island Borough; anything dealing with maintenance within the Service District was the responsibility of the SD1 Board. He suggested addressing the roles with the Rick Gifford, Borough Manager, including the paving project for Woodland Acres. 3. CALCIUM CHLORIDE All roads within the Service District have been completed. 4. DITCHING W/IN SD1 Ditching work has been completed within the Service District 1. 5. JOINT WORK SESSION CHAIR would like to see if there could be a consolidated work session between the Chairs' of the Service Areas This is on standby. 6. ADDITIONAL ACCESS ROADS INTO WOODLAND ACRES SUBDIVISION B. CASSIDY has included this issue on the CIP list for the State Legislature. 7. NOTIFICATION TO BOARD RE WORK W/IN SD1 DONE BY OTHER INTITIES It was determined that notification should be going through the Eng/Fac Department of the Kodiak Island Borough. B. CASSIDY said this is being done, there is a form to fill out when entities such as KEA are planning on doing work within the Borough. \\Dove\Departments\EF\Service Districts\Service Area No. I Board \Agendas and Minutes\Service District Minutes\Service District Minutes 2006Vvlinutes 25 July 06.doc 8. DRIVE A -BOUT ITEMS (2/18/2006) STATUS Progress is being made on these items. 9. ROAD SIGN INSTALLATION Complete. 10 FUEL /CELL PHONE REIMBURSEMENT — CHAIR It was MOVED, S. ARNDT and SECONDED, C. LORENSON to raise the Chair stipend to $300 /month or $3,600 /year to cover the fuel and cell phone costs used during annual terms. (This should be able to eliminate the need for the phone and gas line items for the budget.) The motion PASSED unanimously. PUBLIC COMMENTS: J. PARKER said he was glad to see the Board involved in the projects within the Service District. P. TU TLE asked if the Assembly would be looking at strip paving the roads with the Woodland Acres Subdivision and excluding the drainage issues. B. CASSIDY replied that excluding the drainage on Sean Circle, all other drainage issues would be addressed by the paving project. As for strip paving it was up to the Assembly as to what the next step would be. H. PARKER relayed that she was glad to see Assembly Members attending the Service District meeting and would like to see more of this kind of participation in order to stay informed re the many issues within the Service Area, especially the paving project issue. BOARD COMMENTS: SL. Adinolfi: Was informed by 2 -3 people that the Contractor may be using the wrong size tires, due to shoulder crushing along the roads within the Service District. There have been reports of material placed in the natural drainage areas. Asked what type of enforcement the Board has over the Contractor for things that may be done wrong. B. CASSIDY told her to forward these concerns to the Eng/Fac department so that these types of issues may be resolved. K. Arndt: Asked the Chair to pay attention to the Daily Work Reports given by Brechan Enterprise. He was concerned with the price that was paid for the sign installation. Usually, the Board receives two quotes to purchase the signs and once they are purchased, the signs are given to the Contractor to install. The Board could have saved a lot of money if done properly. E. MAHONEY told the Board he was concerned about fixing and replacing the signs, spoke to the Contractor to fix them, they purchased the signs and installed. He was unaware of the process to replace and/or purchase the signs. He apologized for the misunderstanding. K. ARNDT continued by saying that he was glad to see everyone at the meeting and would like to see a monthly schedule implemented for these meetings. S. Arndt: Thanked the public for attending the meeting. ADovelDepartments\EAService Districts\Service Area No. I Board\Agendas and Minutes\Service District Minutes■Service District Minutes 20 05\Minutes 25 July 06.doc ffl C. Lorenson. Questioned the $1500 of overtime submitted by Brechan Enterprises for the guardrail installation. He noticed that the grading was being done within the Service District during the evenings, due to their daily obligation of repairing Willow Street for the City of Kodiak. Recommended looking closely at the invoices that are being submitted for any discrepancies. E. Mahoney: Thanked the public for attending. Apologized for the sign mishap. Wanted to see the problem with the ditch lines on Sean Circle resolved. And informed the public that the Board was very concerned that the maintenance within the Service District be done and kept up. D. Symmons: Would like to see more work sessions being held by the Board, so that they could discuss and work out issues prior to the meetings. MEETING SCHEDULE: There was no meeting scheduled at this time. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. SUBMTI 1 BY: J •s a Kepley, Secretary Engineering / Facilities Depar ent Date: \\Dove\Departments\EF\Service Districts\Service Area No. I Board \Agendas and MinutestService District Minutes\Service District Minutes 2006\Minutes 25 July 06.doc Section 2: ATTEST: REVISED VERSION ($3,600.) Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska .. Introduced by: Assembly Requested by: Service Area No. 1 Board Drafted by: Borough Clerk Introduced: 10/05/2006 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. 1997 -20A A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. 1997 -20 REGARDING COMPENSATION OF THE CHAIRMAN OF SERVICE AREA NO. 1 BOARD WHEREAS, Kodiak Island Borough Code of Ordinances 4.15.050 states: "Board members shall be compensated as provided by resolution of the Assembly;" and WHEREAS, on or before March 31 of each year, each service area board of supervisors adopts a work program, at public hearing, detailing the level of services desired; and WHEREAS, the Assembly adopted Resolution No. 1997 -20 on July 3, 1997 that provided $2,400 stipend to be paid to the chairman of Service Area No. 1 Board; and WHEREAS, the Service Area No. 1 Board recommends the stipend paid to the chairman be increased to three thousand six hundred dollars ($3,600) and funding is available in the fiscal year 2007 budget; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Service Area No. 1 chairman shall be paid a stipend of in accordance with three thousand six hundred dollars The stipend will be paid on a quarterly basis from Service Area No. 1 funds retroactive to July 1, 2006. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Resolution No. 1997 -20A Page 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 Item No. 13.C.1 Ordinance No. FY2007 -01D Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the School District Computer and Communications System Upgrades and Emergency Communications and Planning. 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 -327 — School District Computer & Communications System Upgrades in the amount of $70,000. This project may include, but is not limited to, UPS and Generator Upgrades at the Kodiak Middle School to ensure district wide power and lighting for District's server farm and Technical Service Office. FY2007 Designated Legislative Grant #07 -DC- 322 — Emergency Communications and Planning in the amount of $30,000. This project may include, but is not limited to, District Wide communication upgrade for emergency preparedness. Recommended motion: Move to adopt Ordinance No. FY2007 -01D. 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 SCHOOL DISTRICT COMPUTER AND COMMUNICATIONS SYSTEM UPGRADES AND EMERGENCY COMMUNICATIONS AND PLANNING WHEREAS, the 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 $100,000 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 -327 for School District Computer & Communications System Upgrades in the amount of $70,000. FY2007 Designated Legislative Grant #07 -DC -322 for Emergency Communications and Planning in the amount of $30,000. SECTION 3: These funds in the amount of $100,000 are appropriated as follows: $ 100.000 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 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -01D Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 10/05/2006 Public Hearing: Adopted: Ordinance No. FY2007 -01D Page 1 of 1 August 30, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Dear Mr. Cassidy: erely, 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 RE: FY 2007 Designated Legislative Grant # 07 -DC -327 School District Computer & Communication System Upgrades Frank H. Murkowski, Governor William C Noll, Commissioner Michael Black, Director SEP 19 2006 ENG /FAC KDDIAK ISL . d oun00GH 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: ht tp : / /www.commerce.state.ak.us /dca communik i m Designated Legislative Grant Program Grant Agreement Grant Agreement Number 07 -DC -327 Amount of State Funds $70,000.00 Collocation Code(s) 8179565 Encumbrance Number /AR/Lapse Date / 10495 / 6/30/2011 Project Title School District Computer & Communication System 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 907-486-9394 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 $70,000.00. 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: p'°1 Cost Category Grant Funds Total Project Cost Program Funds $70,000.00 $70,000.00 1. Project Description The purpose of this FY 2007 Designated Legislative Grant in the amount of $70,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40 and Line 25] is to provide funding jo the Kodiak Island Borough for use towards the School District Computer and Communication System Upgrades. This project may include, but is not limited to, UPS and Generator Upgrades at the Kodiak Middle School to ensure district wide power and lighting for district's server farm and Technical Service Office. 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 The Grant Funds identified above will be used to complete the project described in the above Project Description. Rev. 4/2006 Attachment A Scope of Work 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 30, 2006 Bud Cassidy, Director Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Sincerel 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 RE: FY 2007 Designated Legislative Grant # 07 -DC -322 Emergency Communications and Planning Dear Mr. Cassidy: Frank H. Murkowski, Governor William C. Noll, Commissioner Michael Black, Director 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 i Designated Legislative Grant Program Grant Agreement 1 . °Iwo o Grant Agreement Number Amount of State Funds 07 -DC -322 $30,000.00 Collocation Code(s) Encumbrance Number /AR/Lapse Date Project Title 8179560 / 10490 / 6/30/2011 Emergency Communications and Planning Grantee Department Contact Person Name Name Kodiak Island Borough Robin Park Street/PO Box Title 710 Mill Bay Road Grants Administrator City/State /Zip Street/PO Box Kodiak AK 99615 PO Box 110809 Contact Person City/State /Zip Rick Gifford, Borough Manager Juneau, AK 99811 -0809 Phone Fax Phone Fax 907-486-9343 907-486-9394 465-4731 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 $30.000.00. 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 Printed Name and Title Rick Gifford, Borough Manager Melanie Greer, Grants Administrator III Date Date Reviewed by: /UiEN Cost Category Grant Funds Total Project Cost Program Funds $30,000.00 $30,000.00 1. Project Description 2. Project Budget 3. Budget Narrative Rev. 4/2006 Attachment A Scope of Work The purpose of this FY 2007 Designated Legislative Grant in the amount of $30,000.00 [pursuant to the provisions of AS 37.05.315, SLA 2006, Chapter 82, Section 1, Page 40 and Line 11] is to provide funding to the Kodiak Island Borough for use towards the Emergency Communications and Planning. This project may include, but is not limited to, district wide communication upgrade for emergency preparedness. 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. 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 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of October 5, 2006 Item No. 13.C.2 Ordinance No. FY2007 -10 Amending Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 Real and Personal Property Exempted from Taxation. Submitting to the Borough Assembly a proposed Amendment to KIBC 3.20.080 (D) granting the Assembly the express authority to waive a claimants failure to timely file for exemption for years prior to the year in which the application is made. APPROVAL FOR AGENDA: afro* Recommended motion: Move to adopt Ordinance No. FY2007 -10. Section 1: Section 2: REVISED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -10 Introduced by: Manager Gifford Requested by: Borough Assessor Drafted by: Borough Assessor Introduced: 10/05/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 20 REAL PROPERTY TAX SECTION 080 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION WHEREAS, Kodiak Island Borough code provides direction and authority for the assessor to waive timely application for exemption within the same year; and WHEREAS, applications for exemption are frequently received for prior years; and WHEREAS, Borough code does not expressly grant authority to waive timely application for prior years; and WHEREAS, administrative policy has been to present such applications to the Borough Assembly for waiver; and WHEREAS, the Borough Assembly recommends amendment to borough code limiting waiver of timely application to the current year and one year prior, and giving assessor authority to grant said waivers; and WHEREAS, the proposed amendment to KIBC 3.20.080 (D) will grant authority to the assessor to waive timely application for the current year and one year prior, and will give applicants the right to appeal assessor's decision to the Borough Assembly for those same years only. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 D Real and Personal Property Exempted from Taxation is hereby amended as follows: 3.20.080 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for an exemption provided by AS 29.45.030(e) by January fifteenth of the assessment year for which the exemption is sought, but during the same y ar, the borough assessor for good cause shown may waive the claimant's failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(E). Kodiak Island Borough, Alaska Ordinance No. FY2007 -10 Good cause shall include but not necessarily be limited to: 1. mistake; 2. inadvertence; or 3. excusable neglect; Waiver may only be granted for the year in which an application is filed and for the year immediately prior. Assessor's rulings under this provision may be appealed to the Borough Assembly which for good cause shown may waive an applicant's failure to file timely and may direct the assessor to accept the application as if timely filed subject to the provisions contained in AS 29.45.030(e). ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -10 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -10 Requested by: Borough Assessor Drafted by: Borough Assessor Introduced: 10/05/2006 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 20 REAL PROPERTY TAX SECTION 080 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION WHEREAS, Kodiak Island Borough code provides direction and authority for the assessor to waive timely application for exemption within the same year; and WHEREAS, applications for exemption are frequently received for prior years; and WHEREAS, Borough code does not expressly grant authority to waive timely application for prior years; and WHEREAS, administrative policy has been to present such applications to the Borough Assembly for waiver; and WHEREAS, the proposed amendment to KIBC 3.20.080 (D) would expressly grant such authority to the Assembly; 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 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 D Real and Personal Property Exempted from Taxation is hereby added as follows: 3.20.080 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for an exemption provided by AS 29.45.030(e) by January fifteenth of the assessment year for which The exemption is sought, but during the same year, the borough assessor for good cause shown may waive the claimant's failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(E.) Waiver of a claimant's failure to make timely application for an exemption for any prior year may be granted only by the borough assembly. The Assembly for good cause shown may waive the claimant's failure, on a year by year basis, and shall direct acceptance of the application as if timely filed subject to the provisions contained in AS 29.45.030 (e). Good cause shall include but not necessarily be limited to: 1. mistake; 2. inadvertence; or 3. excusable neglect; Kodiak Island Borough. Alaska Ordinance Nn FY2n07 -10 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borouah. Alaska KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor f r,1 kl CVnnn9 An 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 Forner X Pam Foreman X Patrick Saltonstall X Andy Schroeder X Vacant Wayne Biessel X Ian Fulp X Barbara Williams x Roy Brown X Scott Amdt X CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on August 22, 2006 in the Borough Conference Room. ROLL CALL A quorum was established. APPROVAL OF AGENDA KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITT REGULAR MEETING - August 22, 20 MINUTES ECEOVE SEP 1 3 2006 BOROUGH CLERK'S OFFICE COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMITTEE MEMBER FOREMAN MOVED TO APPROVE the minutes from the meeting of July 25 as well as the minutes from the meeting of August 8, 2006. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED unanimously. AUDIENCE COMMENTS AND APPEARANCE REQUESTS OLD BUSINESS A) Chapter 9 Comprehensive Plan Issue Discussion. COMMITTEE MEMBER HUNTLEY inquired if something was passed at the last meeting? DVORAK said that chapter 9 was really a recitation of existing conditions that had quite a few corrections made in terms of the comments. The issues and the goals and objective sections at the end of the chapter were really not there, and there was some thought that the committee could think of some issues that would be appropriate for that chapter between that meeting and this meeting to make sure that some of those issues were in there. The trail issues in particular were 8/22/2006 Parks & Recreation Committee Page 1 of 8 tkiad of spread between the two chapters, the Transportation Chapter and Parks and Recreation Chapter, and it was the consensus that the survey work that was done and the planning that was done, was really done from a recreational perspective rather than a transportation perspective. So while there maybe some need for some cross over, that data and that effort should be documented_in thy: Parks and Recreation chapter. CO Y EE'MEMBER FOSTER said that it seemed like according to the minutes done it seemed like everything was finalized and the only thing to be kept on the agenda was Item B and the CIP List. COMMITTEE MEMBER SALTONSTALL said there were some recommendations made at the previous meeting. COMMITTEE MEMBER FOREMAN said she believes there are two separate issues here. There's confusion over where the whole trail ought to fit in the Comp Plan, whether it should end up in transportation or in recreation. There were some specific motions made about that, but the main discussion was around what happens now with the Trails Plan, because there's nothing in the Comp Plan about it. The main comment back was where's the Trails Plan? She doesn't see that written here as things that we have passed in the minutes, so if we want that message to go clearly back to them then that should be in a formal motion. CHAIR SIROFCHUCK said when we had started on the Trails Plan and realized what a daunting task it was, there was a point when because of the Borough Comprehensive Plan we said lets stop on the Trails Plan until the Comp Plan is finished, saying it will be a sub plan of that plan. So when people say where the Trails Plan and the Comp Plan are, are we expecting the consultants to have a draft in there for us? COMMITTEE MEMBER FOREMAN made a MOTION TO AMEND the minutes from August 8, to include the email Duane sent that outlines each of the points the Parks and Recreation Committee listed as a concern in the Comp Plan. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and it carried unanimously. Chapter 7 - Transportation 1. Page 5, Para 2, under "Existing Conditions "; in the second sentence add the following language after "activity centers "...remove the "and" and insert "but lack the desired level of" before "connectivity ". 2. Page 5, Para 2, under "Existing Conditions "; in the last sentence it indicates that the issue of motorized and non - motorized trail use is addressed in Chapter 9, Parks and Open Space chapter. No discussion could be found in that chapter. (Incidentally Chapter 9 is titled Parks and Recreation, not Parks and Open Space.) 3. Page 5, Para 1, last sentence; add the following benefits of reducing traffic to this sentence. energy conservation and health benefits. 4. Page 6, Bullets under Bicycle Facilities; Add a bullet: "For the purposes of bicycle facilities they should be developed in the following priority, physically separated paths, grade separated paths and designated bicycle lanes 5. Page 6, 1st Para under the trail survey, Aug. 2004 Report: The task of developing a plan for road - accessible trails IS NOT underway by the KIB Parks and Rec Committee. The 8/22/2006 Parks & Recreation Committee Page 2 of 8 5. Page 6, 1st Para under the trail survey, Aug. 2004 Report: The task of developing a plan for road - accessible trails IS NOT underway by the KIB Parks and Rec Committee. The resources that might have been allocated to that project were included with the regional comprehensive plan so that the completion of a detailed trails plan may be a needed follow -on to the larger comprehensive plan effort. 6. Page 7, 1st Para, summary of trail survey data; Trail survey data and discussion should be moved to the Parks and Rec chapter. (The Committee discussed the reason for including trails in the transportation chapter and felt that was appropriate for discussing urban/suburban trails and paths along major transportation routes. In the case of the survey data however, they felt the context of the survey was aimed at the primarily recreational trails that were not really perceived as part of a transportation "system ". For that reason they felt this discussion should be moved to the Parks and Rec. chapter. 7. General suggestion; along the lines of the prior comment, the P &R Committee felt that the entire trail survey should be included in the plan as an appendix. 8. Page 7, Last line; amend the bullet point for Existing Trails to say "Increasing" instead of "Continuing" prior to the word maintenance. 9. Page 8, 2nd bullet point; add the following language to the end of the sentence, "and to increase connectivity between existing trails. 10. Pages 7 and 8, The committee recommended moving the Issue bullet points for Existing trails, Mapping and Access to recreational areas to the Parks and Rec chapter. 11. Page 11, under Issues; the committee suggests adding a reference to the Antone Larsen Bay Dock and Boat Ramp as an emerging issue. The facility was originally created in support of Tenor Lake development, but was requested to be left in place by the KIB when the project was completed as a recreational support facility. With recent improvements to the boat ramp and parking area, the facility appears to be supporting a more transportation related role in support of commerce and intermodal transportation needs of remote communities. 12. Page 11, under Issues; add an additional bullet point: "increase boat launch and dock facilities for recreational and transportation use in Women's Bay, Monashka Bay, Thumbs Up Rock, and Pasagshak " Chapter 9 - Parks and Recreation 1. Page 1, bottom of page; add Parks and Recreation to a companion list of non -area wide powers that have been adopted by an election of the public on the Kodiak Road system. 2. Page 2, 2nd Para, 1st sentence; the KIB no longer owns land on Shuyak Island. It was sold to the State of Alaska about 10 years ago for $40,000,000. In terms of land owned by the KIB, it is recommended that another example of Borough land that may have a high value as open space is the Russian Ridge area along the lower flanks of Pillar Mtn. This area is generally located between Selief Lane and Monashka Bay Road. 8/22/2006 Parks & Recreation Committee Page 3 of 8 3. Page 3, Under "Trails and Other Facilities on Borough Land "; The Parks and Rec. Committee reiterate that it is not working on a trails plan at present. You should have all the information that has been developed relating to trails in hand already, i e surveys, GIS mapping, etc. If the trails piece of the Parks and Recreation chapter is not to be very specific, the Committee has indicated they are prepared to make specific recommendation for maintaining and improving public access in areas where private land may be a limiting factor This may involve recommendation for future land or easement acquisitions for that purpose so that there might be a rational nexus contained in the plan for future reference should opportunities to improve access come along. 4. The Parks and Rec. Committee is interested in making further comments when the draft is further along. They did not see this draft containing much in the way of issues, it seemed mostly an inventory of existing facilities and existing conditions. The Committee in interested in making further comment as new information is added from the various community meetings. 5. Page 7, relating to the "Tugidak Island Critical Habitat Area "; there was some question why Marmot Island was not mentioned somewhere in this context. Apparently it is also a critical habitat area according to State Park District Ranger Wayne Biessel. 6. Page 10, Issues; Issues have come out in scoping meetings and Parks and Rec issues have been a big part of this. The Parks and Rec. Committee will forward their own issues in a later review. They will include trail issues for the Transportation Chapter as well as for Chapter 9. DVORAK said he would have the secretary include the points CHAIR SIROFCHUCK asked if we should send someone from the committee to next Thursday's Assembly meeting? He stated that when committee reports are brought up, they could say briefly that we have been discussing the Comp Plan and the Parks and Recreation, and that we wanted to call their attention to our list of concerns that Duane had forwarded to the consultants. Our efforts would be to reinforce that they take a look at that and be aware of those. COMMITTEE MEMBER FOREMAN responded that she didn't know if that was inappropriate to do at all. Assembly members read these packets and they do pay attention, but sometimes it ends up maybe a month later in their packet. B) Recreational Access Recommendations COMMITTEE MEMBER SALTONSTALL said that we have to get something in there, but if we're allowed to do a trails plan and get it incorporated into the Comp Plan than we really don't need to do Recreational Access Recommendations. We'll need to make some recommendations if we're not doing something. COMMITTEE MEMBER HUNTLEY stated that what we need then is some feedback just to see what direction we need to go. COMMITTEE MEMBER FOREMAN stated that Sharatin, for example, is not a trail so you're talking about recreational land not just trails COMMITTEE MEMBER SALTONSTALL stated that he thought the trails plan was going to include more than just trails too, but also camp sites. Trails give us sort of a generic term. COMMITTEE MEMBER FOREMAN stated that it's difficult to follow the changes on the website because you never know if a chapter has changed completely when it goes up, so did you ever get any feedback from them on that? 8/22/2006 Parks & Recreation Committee Page 4 of 8 DVORAK said he hadn't Matt Hastie has been out of the office quite a bit. He has been corresponding with one of his associates, Teak Wall. While he has responded to a few emails here and there, they have been more or less one -line responses. Teak Wall is the new associate, who is handling the stuff in between, but he is not the decision maker and he doesn't really answer questions like Matt. He sends me information at the direction of Matt and he has received a few write -ups of issues, and they are more preliminary than anything. COMMISSIONER SALTONSTALL said that our D &R recommendations, those covered a lot of land on the road system. It only covered public land, state land it didn't cover native land. C) CIP List. COMMITTEE MEMBER HUNTLEY stated that we have some definite things from the villages and there is a couple of them that come under, he didn't believe they had done this before he didn't remember seeing anything like this from the villages before. A couple of things in there that we should make note of and put in our list if you will in an appropriate spot, because he would hope that these people would rely on us for some of this stuff. DVORAK said that at the last meeting he neglected to get some of the information to you. The Borough gave itself non -area wide park authority outside the city and primarily outside the city of Kodiak. By implication it also excludes all the other cities, he didn't think we could go there. Really the election was about Parks and Recreation facilities and not programs and that type of thing. This ordinance that created the Parks and Recreation Committee flows from that authority and it was such a long time ago, he doesn't believe that people actually know or understand what was said and may think that Parks and Recreation authority extends to programs or activities that are not facilities. This year because of high oil prices and the anticipation that Juneau would have a lot of extra money to spend, they put in all the projects that were on the B list that aren't brought out until something gets completed and moves off the A list. COMMITTEE MEMBER SALTONSTALL mentioned boat landing from the last Comp Plan discussion. We never really considered those in the past. He noticed that the Monashka Bay boat ramp and parking, that's under transportation projects, he proposed moving some of those things on to our list. DVORAK responded saying that boat ramps kind of like trails sort of live in the transportation world as well as in the Parks and Recreation world. When he thinks of the Antone Larson Bay boat ramp and dock facility, the improvements that were done over there, he was pretty sure the money came from Fish and Game, not the DOT. DOT may have been a participant because they own the right -of -way and pretty much most of the facility, but you've got Native Corporation land on the other side and you've got State Tide lands on the other side outside the right -of -way, and so it was Fish and Game. So maybe it would have been better to classify it as a Parks and Recreation and Cultural Category, but he wasn't sure. CHAIR SIROFCHUCK suggested rather than start changing categories, as an advisory committee it would be entirely appropriate for us to memo the assembly and say that item 6 and 7 we believe, is in higher priority because those are important recreational projects. So even though they are under transportation we feel they should be given a higher priority. DVORAK stated that in regards to the list if you have a recommendation to make regardless of what category it's in, the thing would be to look at the scoring and see what the economic benefits, health and quality of life, safety and public support. The Parks and Recreation Committee could have a lot of influence in the health and quality of life issue scores and manipulating the score and that type of thing. From a staff prospective we score these things and that's primarily the scores you see, and when we go to the Planning and Zoning Commission if 8/22/2006 Parks & Recreation Committee Page 5 of 8 they see it differently, and they make a motion and amend scores in various blocks, as you can see they don't usually have a lot of comments, so this could be a good area for the committee. CHAIR SIROFCHUCK said that it seems that we want to memo P &Z to express our support for boat ramps and to ask them to look at the possibility of adding a Women's Bay boat ramp. DVORAK said that we did get the $48,000 legislative grant for the Island Lake trail upgrade. At one time it came out at $64,000, but somewhere in the governors budget process it came down. Facilities and Engineering is going to need to figure out how to do it, but he thinks that project has been funded and needs to drop off the list. COMMITTEE MEMBER FOREMAN MOVED that we take last years CIP List fo the ' arks spatilni and Recreation section, we remove the Island Lake trail upgrade, we remove Lake ake Summit, ATV trail improvements providing that has been funded. The motion was SECONDED by COMMITTEE MEMBER HUNTELY, and it carried unanimously. COMMITTEE MEMBER FOREMAN MOVED TO ADD a Women's Bay boat ramp and parking to the transportation projects CIP List. This motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and it carried unanimously. COMMITTEE MEMBER FOREMAN in discussion of the motion stated that his truly has come up on every meeting that she has been at recently for the Women's Bay community council stuff. It's come up at the Comprehensive Plan meetings that have to do with Women's Bay. She believes it's worthy of throwing out there and having P &Z take a look at it. COMMITTEE MEMBER SALTONSTALL MOVED TO communicate to P &Z that we feel that the economic benefits, health and quality of life deserve higher scores for boat ramp projects. The motion was SECONDED by COMMITTEE MEMBER FOREMAN and it carried unanimously. DVORAK mentioned that the Borough has been approached from Donna Jones at the Soil and Water conservation district about doing that project and they may have access to some money. Certainly they're looking for the Borough to substantially match whatever effort they can bring to the table. Bud Cassidy and he went out to Mill Bay Beach a week ago with Donna Jones. We explained that the park area does kind of have a relationship with the Island Lake trail system, but he wasn't sure if there was a viable project there at this point. There is some talk of moving forward and at least addressing or accessing how much resources may be available to do this project. He believes the consensus was that a ramp would be more ideal than stairs. We were looking at a different location at the other end of the parking lot where a ramp could go down. It makes it difficult because there is a limit on the amount of slope a ramp is allowed, and so that is where the design comes in we would need to find a way to maximize the slope. There was discussion on reasonable accommodations and access for wheel chairs and strollers. Also there was discussion on the need for ADA compliance. NEW BUSINESS COMMUNICATIONS A) DVORAK said as he mentioned earlier there may be a project with the Kodiak Soil and Water Conservation District. The city was looking to build a new building, but now their in the process now of renewing their lease for this building. Another thing was the city council is not really happy, to be down at the School District Conference Room while the Borough Parks and Recreation Committee is enjoying the comforts of the Borough Conference Room. They feel that they should be here and we should be there or somewhere else. It's probably going to 8/22/2006 Parks & Recreation Committee Page 6 of 8 happen, it's being work worked on by the administration, and he has discussed it with some of the Department Heads and the assembly. CHAIR SIROFCHUCK stated that you can tell the Administration there are no objections. DVORAK wanted to mention that he put in for the RTCA assistance grant, it was sent in and we're still waiting for a couple of letters of support. He received a letter from KANA today, so that means we have letters from KANA, the Borough School District, and after the last meeting Wayne Biessel gave us a letter of support. Not just a letter of support but a letter of volunteering to be a part of the project. He still hasn't received one from Providence Kodiak Island Medical Center or the Community Health Center. We still need to get those letters in because it would make our case stronger. REPORTS A) Meeting Schedule: • September 12, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. • September 26, 2006 P &R meeting at 7:00 p.m. in the KIB conference room. AUDIENCE COMMENTS COMMITTEE MEMBERS' COMMENTS COMMITTEE MEMBER TSCHERSICH said he has recently heard from somebody about a piece of property done in Spruce Cape, the meeting development and these yellow parcels, they said this whole area that is not roaded yet that was what is plotted but this is has been taken off the table because it is too old and they have to resubmit a plan. Now this might be an opportunity for us to talk about connecting trails to other areas around it, maybe we can get public easements in there. He wanted to talk to the department about how to approach this especially since this little church property that was not developed, maybe we can do this. DVORAK said it was one of those situations where he doesn't know when the appropriate time would be to make that request. It may be something that should be in the Comprehensive Plan, certainly if they come back that would be a plat that we'd want to route to Parks and Recreation and you would have the opportunity to make a request or recommendation at that time COMMITTEE MEMBER SCHROEDER said that some of the water conservation did trail improvement to the south end of Near Island. It looks really good and he recommended taking a look at it. They have geo block in there and some good planking. He also commended Koniag on their work even though there is still a lot to do. The leading edge of trail design looks great here on the island. And back to the North end south end trail on Near Island the Coast Guard provided the man power for that. CHAIR SIROFCHUCK said thanks to Andy for the work done by him. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER FOREMAN MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER .SCHROEDER. The meeting adjourned at 8:36 p.m. 8/22/2006 Parks & Recreation Committee Page 7 of 8 ATTEST By: a (>7 asmine Oliver, Secretary Community Development Department DATE APPROVED: September 12, 2006 KODIAK ISLAND BOROUGH PARKS & RECREATION COMM TEE By: Mike Sirofchuc -, Chair 8/22/2006 Parks & Recreation Committee Page 8 of 8 J ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 11, 2006 SUMMARY AMENDED: Motion to amend the agenda to include the Apple Computer Lease Agreement as item #3 under the Special Meeting. APPROVED: Motion to approve the FY 07 Kodiak Island Libraries Online Grant Agreement in the amount of $29,122. APPROVED: Motion to approve the Apple Computer Lease Agreement with an annual payment of $25,581.38. APPROVED: Motion to adjourn. p C C �od� SEP 1 4 2006 BOROUGH CLERK'S OFFICE APPROVED: Motion to approve Purchase Requisition Number 110000114 to Follett Software Company in the amount of $28,781.13. APPROVED: Motion to enter into Executive Session to discuss Negotiations and Legal Matters following the conclusion of the Work Session and to include School District Negotiator John Sedor. Superintendent Betty Walters, Director of Personnel and Student Services Jack Walsh and Director of Finance Dave Jones will also be available. Ludger Dochtermann; P.O. Box 714 Kodiak, Alaska 99615 Tel: 907-486-5450 Fax: 907-486-2272 To: Mayor Jerome Selby & K.I.Borough Members; & Mgr. Fax: (907) 486-8600 Pages: 3 P hone: (907) 486-8640 Date 10/5/2006 Respectfully yours, FN Stormbird & FN North Point From: Ludger Dochtermann FN Stormbird & FN North Point Re: California Fish & Game Commissioner CC: Bryan Martin, Kodiak Daily Mirror letter of July 31, 2006 re objection to Fax: (907) 486-3088 legislative end -run on two-pie etc. 'argent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: RE: NEED FOR BOROUGH LETTER OPPOSING LEGISLATIVE END -RUNS IN FISHERIES M.S.A. REAUTHORIZATION PROCESS Dear Mayor Selby: Attached is a letter of July 31, 2006 that takes strong opposition to legislative end -runs concerning the Magnuson-Stevens Reauthorization prrrsisv. It is from Director L. Ryan Broddrick of the California Dept. of Fish and Game, to U.S. Senator Maria Cantwell (D-WA) and to appropriate House and Senate fishery and resource committees in Washington DC, as well as Dr. Hogarth, NOAA's Director. I believe that the Borough should immediately consider a similar letter from Kodiak, as the City is now working on it, as well. After all, in 2005-06, the City went to Washington DC and specifically asked Alaskan delegates not to allow language re- writes and conference process tradeoffs behind closed doors on the Hill. We now need it put in writing to these additional representatives and committees, too. The specific topic of "two pie" systems of harvester and Processor Quota rights was proposed on the West Coast by the two largest seafood companies who also have operations in Kodiak. It is the large closed-class processors who are the ones already benefiting from Crab Rationalization and Pollock Rationalization. This model is intended to privatize our entire National fisheries, for the sake of a few greedy globally operating corporations. It does not serve fleets and fishery- dependent communities. You already had to write a letter regarding a measure sneaked into a Coast Guard Bill earlier this year. And that again brings up the point that the City's fishery-consultant/attorney should have been on top of the recent Rockfish Pilot Program extension to 5 years, in recent House Amendments, as well. The same parties drafting such language are the same ones, each time, for personal benefit over the Public's wetfare. Please consider submitting a similar letter of opposition to 'trickery on the Hill' replacing city and state rights, before Congress comes back in session to consider MSA. Its vital to our fishing future! - .2Tera 3 DEPARTMENT OF FISH,AR© CAME 916 The Honorable Mu ia Cantwell 717 Er.ar! Senate Office Buihling Washington, DC 20510 Dear Senator Cantwell: lam writing on behalf of the California Depanxncnt of Fish and Crane and ca e member ut :he Pacific Fishery \lanagemeae Council ( "the Council") to respecttlly request your assistance on ierislatioc don would reauthorize the Magnuson-Stevens Fishery; Conservation and Management At ('N1SA" ), specifi al!v n potential provision, legislatios a "two -pie" management plan for the hake (or whiting) fisher. ova the express objections of the Council. Such a prvision would have serious nega-. ve cortse,Iuences rbr fisheries management in California and off the west coast, and we urge you not to include any provisions dictating such s management plan to the Council. The Pacific Fisheries Management Council is bud at work looking at opport for estab ishing n "dedicated access" program for the grounJftsh fishery that would pros: Po 'e and conservation benefits to a Es rives. T7te Statc of California has invested hea k ahvu( come to fminon. The Council expects environmental impact statcnient fur the wining nshery catch shares program within tae oast twelve to eighteen mouths, The proper CICSiCI of the program is essential to achieve consenvons t benefits and economic stability to the coastal ccmmtmities that depend upon these fisheries. We eye en track to achieve this, be: the potential lest-minute Intervention into the process legislatively threatens progress and undermines the investment af the Council, the industry, the states and mina others in ibis effort, ghat is m Very' poor shape ' In this pn cess and belie:as ire final Certain interests, namely west coin processors, have nggressive1y advocated for lcgon ceuhlishicg a mandatory "two pie" quota program cons isting of bete bar ester shares and Controversial processor share3. Legislation was introduced in the Serrate by Srnawr Gordon Smith (0R) to iegislate a'Two- pie" management plan. Thal legislation, S. 1549. the Cooperative [lake Improvement and Consennticn Act, was introduced earlier this Congress and has ene rated substantial opposition within the fishing industry and .among the fisher`' managers along the west east. including myself (Notably, the Semite passed legislation reau:bur:zing the 41SA without including the imaouage of Sen. Smith's bill.) S. 1549 would require hervesters to crutch cp their catch shares with an equal amount of processor each slates before harvesters could go fishing. The Department of Justice has opined that preccssor quotas, such as those in S. 1549, result in severe anticompetitive practices, limit market, for fishermen and increase consolidation in the induscy. Processor quotas would also disproportionately advantage the; two processing corporations now dominating the industry — and thus hurt the smaller processor. The ot mes would be bad for the fishing cor:murity, bad for the coastal econotrri•a filet depend on widely dispersed processing opportunities, and had for competition. Consenting California's Wildfi fe Since 18i'0 For these reasons, tun tc.'pectfully requesting that you e p ose ier,:siation rnz a - two. t hfry management system kr Pu:.itc w;.itlng, in ding as pan of a .\SSA ' I .ag slating highly ceotovcraial p ocessor quotas or"two-ple" :mmagement whi hag fishery would s a^nitleantly undermine the Council proce anC. would have advrrse i mp Xt3 on the Council's efforts yr effectively attitude its grouudfisb fisher'. At the va} least, the Come$ should he Liven an opporrnucy to complete its wow en developing a comprrheas', ve gotaudtila management program before Congress steps in to legislate a management program fora particular specifies of ground. sh. lc closing, we encourage your support for the pa;iage of a strong roout9o- izatien of the VISA this year, and also request that you oppose any previsions as pan of that bill, inohiding in . conference. that would legislate processor quotas or a' two -pie" management syaters (,e..k . visions of S. 1519) as part of the MSA reauthorization bill. altou!d your stet have aay rluestioas about this request or aced additional Lnformation, please encourage Mum to contact lar duectly or Marija Vojlcovjeh, at 805 - 568.1246. cc timbers, Pacific Fisheries Management Council R'illirmt Hogattb, Dtmotor, National Merest Fisheries Service Mambas of the Subcomr)inee on Fisheries and Coast Guard of the Senate Commerce Committee Members of the Subcommittee on Ftsteries and Oceans of the Hour_ Rtsowces Com.'ni+ee House and Senate Lezdenthlp