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2010-02-25 Work SessionKodiak Island Borough Assembly Work Session Thursday, February 25, 2010, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. Joint Insurance Association Update — Kevin Smith, AML /JIA Executive Director 2. Kodiak Maritime Museum's Future Development Funding Request — Toby Sullivan 3. Joint Fisheries Consultant 4. School Crossing Guard Program 5. Fisheries Policy Statement Draft PACKET REVIEW PUBLIC HEARING — None. UNFINISHED BUSINESS Contract No. FY2010 -30 Solid Waste Collection Contract. NEW BUSINESS CONTRACTS — None. RESOLUTIONS Resolution No. FY2010 - 28 Approving the Proposed Amendments to the Cooperative Participation Agreement and By -Laws of the Alaska Municipal League /Joint Insurance Association (AML/JIA). ORDINANCES FOR INTRODUCTION Ordinance No. FY2010 - 07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Instituting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. OTHER ITEMS Confirmation of Assembly Appointment to the Service Area No. 1 Board. Confirmation of Assembly Appointment to the Citizens Board of Equalization. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS Additional Limits Available $100,000 Per Member * $1,000 Member Ded. Employee Dishonesty & Crime ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. Sumary of Coverages and Limits July 1 2008 - July 1, 2009 EXCESS LIABILITY Determined By Each Member GENESIS UNDERWRITING MGT. :2,750,000 to $10,000,000 Per Occurrence 52,750,000 to $10,000,000 Per Occurrence 52,750,000 to 510,000,000 Per Occurrence Alaska Municipal League Joint Insurance Association, Inc. 1 1 5250,000 Self - Insured Retention I Per Occurrence I WORKERS' COMPENSATION Statutory Empl. Liability 52,500,000 GEMIMECC+++ $500,000 AMLJIA SIR Per Occurrence General Liability+ Automobile Liability+ Public Officials' Workers' Comp., Liability.*** Employers' Liability 5100,000 AMLJIA SIR $5,000 Member Deductible ++ PROPERTY COVERAGE PUBLIC ENTITY PROPERTY INSURANCE PROGRAM $1,000,000,000 Per Occurrence No Aggregate Property, EDP, Mobile Equip., Extra Expense The SIR is on a per occurrence retention. Only one retention (and limit) apply in the event of a multiple loss. • All members receive $100,000 limits. Additional limits are available. + Liability is offered in 53, 55, and $10.25 million increments . Most members have $10.25M, though some have lower limits. ** Employment Related Practices Coverage has a sublimit of 510 million with a 510,000 member deductible. + + Some members have chosen higher deductibles. EDP has a 5500 member deductible. +H-Government Entities Mutual (GEM) has a 51 million layer between AMLJIA and Midwest Employers Casualty Company. EARTHQUAKE COVERAGE PUBLIC ENTITY PROPERTY INSURANCE PROGRAM $25,000,000 Per Occurrence/ Program Aggregate 3%1$100,000 Member Deductible Earthquake Coverage FLOOD COVERAGE PUBLIC ENTITY PROPERTY INSURANCE PROGRAM $175,000,000 Per Occurrence/ Program Aggregate 5100,000 Member Deductible* Flood Coverage *Zones A & V: $250,000 deduct- ible. POLICE PROFESSIONAL LIABILITY GENESIS U/W $10,000,000 Per Occurrence/ $10,000,000 Member Aggregate $250,000 ,w W IA SIR Per Occurrence Police Prof. Liability DOL Fiscal Year Total Total 1989 $ O N O 1's M I's CO 4) 1991 $ 1995 $ 31,1 1996 $ 9,: 1997 $ 9,1 1998 $ 31,1 1999 $ 7,1 2000 $ 23,1 2001 $ 3,1 2002 $ 98,: 2003 $ 6,1 2004 $ 121,989 2005 $ 3,938 2006 $ 4,540 2007 $ 76,762 2008 $ 19,150 2009 $ 27,776 2010 $ 9,252 Grand Total $ 485,070 117 Line of Coverage Seventy Comp. & CoII. (3) $ 9,526 Auto Liab. (5) $ 7,447 Boiler & Mach. (1) $ 102,667 Gen. Liab. (15) $ 121,836 Public Off. (2) $ 35 Property (5) $ - Workers' Comp. (86) $ 243,558 Grand Total $ 485,070 Kodiak Island Borough Losses as of 2.11.10 Losses by Coverage Type $9,526 $7,447 $_ $35 • Comp. & Coil. (3) • Auto Uab. (5) Boiler & Mach. (1) ■ Gen. Liab. (15) w Public Off. (2) w Property (5) Workers' Comp. (86) $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 14 12 10 8 6 4 0 Severity of Losses by Fiscal Year $ ti ce �ti ch cf;‘ "446 ry e ;, e d! , � ry . 1, ry e ry a's ) Frequency of Losses by Fiscal Year 1989 1991 1995 1996 1997 1998 1999 20002001 2002 2003 20042005 20062007 2008 20092010 127 Adak 51 Akhiok 7 Akutan 120 Alaska Gateway School District 86 Aleknagik 88 Aleu. East Borough Schools - M 82 Aleutians East Borough - M 125 Allakaket 118 Ambler 208 Anaktuvuk Pass 99 Anderson 9 Angoon 81 Anvik 46 Atka 50 Atqasuk 10 Barrow 100 Betties 101 Brevig Mission 74 Bristol Bay Borough * 74-1 Bristol Bay Borough Schools 103 Chefomak 80 Chignik 203 Chinook Montessori Charter School - HA 37 Chuathbaluk 112 Coffman Cove 47 Cold Bay 66 Craig Schools 52 Deering 52 -1 Deering Ipnatchiag Electric 141 Delta Junction - HA 90 Denali Borough 36 Dillingham * 109 Dillingham Schools 105 -1 Diomede Joint Utility 11 Eagle 70 Eek 204 Effie Kokrine Charter School - HA 113 Egegik 151 Ekwok 12 Elim 5 Emmonak 75 Fairbanks* - HA 61 False Pass 73 Fort Yukon * 175 Frontier Charter School 142 Galena * - HA 117 Gambell 17 -1 Gambell Washeteria/Water Plant (Cance 4 Golovin 60 Goodnews Bay 178 Grayling Alaska Municipal League Joint Insurance Association, Inc. JR SD JR SD JR JR JR SD JR SD SD GF SD JR JR JR SD SD JR JR JR JR SD JR GF JR GF JR JR SD SD JR JR SD SD JR SD JR JR SD JR SD JR SD SD SD JR JR SD JR SD FY2010 Participants 134-1 Haines Borough Schools 196 Holy Cross (Cancelled 11/6/09) 157 Homer * - Wells 160 Hoonah * - SG 67 Hoonah Schools 130 Hughes 31 Huslia 124 Iditarod Area Schools 171 Kachemak - Wells 92 Kake • - SG 173 Kake City School District - SG 153 Kaktovik 107 Kaltag 69 Kasaan 154 Kenai Pen. Boro /Schools - AKUSA 48 Kiana 38 King Cove * 205 Kivalina 78 Kobuk 93 Kodiak * 102 Kodiak Island Borough 102 -1 Kodiak Island Borough SD 39 Kotlik 39-1 Kotlik Joint Utility 15 Kotzebue • 165 Koyuk 155 Koyukuk 158 Kwethluk 97 Lake & Peninsula Borough 62 Larsen Bay 71 Lower Kalskag 168 Manokotak 128 Marshall 110 McGrath 16 Mountain Village * 44 Napakiak 206 Napaskiak 176 Napaskiak Utility 2 Nenana 121 Nenana City Schools - HA 166 New Stuyahok* 45 Newhalen 177 Nightmute 17 Nikolai 33 Nome * 42 Noorvik 169 North Pole (PPL)* - HA 30 Northwest Arctic Bor - HA 63 Nuiqsut 85 Nulato GF SD SD GF GF SD SD SD SD GF GF JR SD GF SD JR JR JR JR SD SD SD JR JR JR SD SD JR JR SD JR JR JR SD JR JR JR JR SD SD JR JR JR SD SD JR SD JR JR SD 152 Nunam Iqua 146 Nunapitchuk 53 OId Harbor 53-1 OId Harbor Tank Farm 19 Ouzinkie 57 Pelican 57 -1 Pelican City School District - SG 72 Pilot Point 72 -1 Pilot Point Electrical 43 Pilot Station 68 Point Hope 119 Port Alexander 144 Port Heiden 23 Port Lions 156 Pribilof School District - AKUSA 163 Ruby /Ruby Electric 59 Russian Mission 35 Sand Point * 108 Savoonga 108-1 Savoonga Joint Utility 106 Saxman 83 Scammon Bay 96 Selawik 138 Seldovia • - Wells 34 Seward * 162 Shageluk 54 Shaktoolik 25 Shishmaref 202 Star of the North Secondary School - HA 87 St. George 32 St. Mary's • 145 St. Michael 126 Stebbins 94 Tanana 161 Tanana School District 27 Tenakee Springs 28 Thome Bay 65 Togiak * 77 Toksook Bay - AKUSA 8 Unalakleet * 14 Upper Kalskag 122 -1 Valdez Schools - HA 6 Wainwright 132 Wales 212 Watershed School (eff. 8/1/09) 49 White Mountain 21 Whittier * 139 Yakutat Schools - SG 76 Yakutat, City & Borough * 140 Yukon Flats School District 64 Yukon - Koyukuk Schools - HA JR JR SD SD SD GF GF JR JR JR JR GF JR SD JR SD JR JR JR JR GF JR JR SD SD SD SD SD SD SD JR SD SD SD SD GF GF JR JR SD JR SD JR SD SD SD GF GF SD SD Kodiak Island Borough Assembly 710 Mill Bay Rd, Kodiak, AK 99615 )1)1.1.1i: A It111 S14,1 - 1876 Kodiak, AK 99615 907-486-0384 kodiakmaritimernuseum_org .icodiakrnaritirnemuseum.org February 22, 2010 Subject Thelma (' Interpretive Project Funding Dear KIB Assembly Members: In 2002, to help educate visitors, students, and non-fishing residents about the commercial fishing industry and Kodiak's working waterfront, Kodiak Maritime Museum designed a series of interpretive panels for the walkway along the west side of the harbor. Funding for the S50,000 project carne from the Kodiak Island Borough, the City of Kodiak and KMM. The fourteen all-weather panels are informative, available 24 hours a day, and free. They have become one of the most heavily visited attractions in downtown Kodiak With the soon to be constructed sidewalk from Pier 11 to the harbor. KMM anticipates an increasing need for more interpretive facilities to help visitors appreciate Kodiak's unique bond with the sea, and to encourage visitors and residents to spend time in the downtown area With these needs and goals in mind, KMM is now planning the "Thelma C Interpretive Projeet." This project will restore and mount the Thelma (' historic 38-foot wooden salmon fishing vessel, as a permanent interpretive exhibit on City-owned land near Oscar's Dock in the Kodiak Small Boar Harbor. The ADA accessible exhibit will bring Kodiak's fishing and harbor history to life with interpretive panels, hands-on displays, cell phone accessible multimedia presentations, and of course the vessel itself The total budget for the project is $240,000. KMM has tendered a capital request to the Alaska Legislature for primary funding, most likely through the cruise ship head tax. Representative Austennan and Senator Stevens believe that chances for state funding would significantly increase if KMM obtains matching funds KMM is therefore requesting funding from the Ra.smuson Foundation and Pebble Partnership. KMM is also asking the City of Kodiak for an in-kind donation of the land for the exhibit. In 2007 KMM paid for and obtained an interpretive design plan for the project from consultant Alice Parman and will continue to donate KMM staff and volunteer time. We respectfully request the Assembly to therefore once again partner with the City and KMM by granting KMM $25,000 for this project. Through a common effort, KMM, the City, and Borough can expand the interpretive possibilities in the heart of downtown Kodiak to showcase Kodiak's working waterfront and rich maritime history for residents and visitors alike. Yours sincerely, GULL Aldona Kouremetis Kodiak Maritime Museum Board President Toby Sullivan Kodiak Maritime Museum Executive Director AK IN AiZ Significant Components of the Thelma C Interpretive Project: An Earthquake Built This Boat will tell the story of the 1964 earthquake and tsunami, the terrible losses to Kodiak, and the resulting federal aid that funded construction of the Thelma (", On the Back 1)eck, illustrated by a knowledgeable artist and archive photographs, will show the crew of the Thelma (' hard at work. Quotes and firsthand stories give visitors an inside look at life aboard a fishing vessel (lose Quarters will use an artist's rendering to convey a sense of four people living in a tiny space during many months at sea. E E - Ltfeblood qf the Community will draw connections between changing fisheries management practices and the fate of boats like the Thelma C Inset in the interpretive panels will be interactive experiences: touchable floats of cork, wood, and plastic; a wheel and throttle mounted at child height; line-coiling and knot-tying; and the opportunity to listen to a sea chantey, sung by local musicians Various multimedia displays will be available for visitors with smart phones. By dialing a dedicated phone number, short videos describing various aspects of the boat, salmon fishing, and the history oldie harbor will play on visitor's cell phone screens Project Timeline The Thelma (' Restoration Project will take 11 months from notification of Legislative funding With funding in hand, an interpretive and construction design RFP would be put to bid, with a 45 day deadline for proposals. Upon acceptance of a bid, design and renderings would be complete within 120 days Construction RFP would then be put to bid, with a 45 day deadline for proposals Upon acceptance of a bid, construction would be complete within 120 days LOCATION MAP 4111k TO KODIAK: St HERMAN'S REAKWATER BOAT HARBOR 800 't KODIAK: ST. PAUL BOAT HARBOR OPERATED BY: City of Kodiak HARBORMASTER: Monitors VHF 12. 14 & 16: CB 9; SSB 4125. Phone No. 486-5438 DISTANCE FROM CITY CENTER: One city block BERTHING FEES: Contact harbormaster BERTHING CAPACITY: 150 commercial and 66 pleasure boat stalls. 537' additional berthing spaces. TRANSIENT MOORAGE: Yes UGHTING ON FLOATS: Yes POWER ON FLOATS: Yes POTABLE WATER ON FLOATS: Yes, seasonal GRID FACILITIES: Yes MARINE WAYS: No REPAIR FACIUTIES: Yes LODGING: Hotels in town GROCERY/RESTAURANT. In town FUEL AVAILABLE At nearby private fueling facilities. COMMUNICATIONS: Telephone at Harborn aster's office REMARKS: Refer to NOM navigation chart "Kodiak and Afognak Islands' No. 16594 , KODIAK ISLAND \ 40 9 CITY OF KODIAK HARBOR MASTER OFFICE THIS FACIUTY KOD \ro. 0,0 sz. VICINITY MAP �' .` � �� , p� , Qa�k U��°� a - R+�'�t��°°jRt . V_ •t� of gr�po �� n.a � ��.el . • lspl�� tl� � � �5��1 I.�.��r� � � �� aunCh ��p��Y S�te R��'P RE: Joint Fisheries Position MEMORANDUM TO: City Mayor and City Council Members Borough Mayor and Assembly Members FROM: Rick Gifford, Borough Manager Aimee Kniaziowski, City Manager DATE: January 13, 2010 The following options are available to the Borough and City for consideration of a fisheries representative. A decision would need to be made as to which entity would be the primary entity for administering a contract or supervising an employee. A budget would need to be developed and a determination as to how each entity would fund that budget and which entity would be the primary entity for administering the contract or supervising an employee. Contract Services • Develop scope of work including expectation on how to identify and manage potential areas of conflict between Borough and/or City interests or conflicts of representation • May need to RFP, depending on City or Borough procurement requirements • Selection process Employee • Develop job description and reporting structure • Determine classification • Obtain approval for position through either Borough or City process • Recruit, evaluate applications, interview, and select person for position General Duties The following are tasks /duties which could be incorporated into either a consultant scope of 1 1 work or a job description: • Attend North Pacific Management Fisheries Management Council and State Board of Fish meetings • Attend and participate in meetings of regional organizations and other fisheries regulatory agencies as necessary to monitor activities and represent Kodiak's positions • Monitor federal and state fishery policy developments having potential to affect Borough and City interests • Monitor trends in annual harvest limits and analyze how trends could affect Kodiak Island's economy, harvesting, and processing sectors • Understand and work with existing /potential conflicts within various fishing sectors • Present Borough and City positions to managing agencies and personnel • Provide reports to Borough and City on meetings, discussions, and actions taken on employer's behalf • Based on guidance from both governments, testify on behalf of Borough and City at meetings as appropriate • Follow Kodiak fisheries policy statements in conduct of all work • Advise and participate in local policy development, review, and updates 2 2 MAR-19-20M3 1525 FROM TO 0099*999t119074868600 P.002i004 Jay H. 7,ulwf Wm. Pant MacGregor J. David Stahl Matthew 1.. Fick Joseph M SuUivtn Jot 8. X11 Jchn 1(. Chun OF COVAIS'1. Jmut H. Cherzham Ms. Linda Freed City Manager City of Kodiak 710 Mill Bay Road Kodiak, Alaska 99615 Dear Linda: MUNDT MACGR.EGOR. UP.. 1 1 O R t4 1. Y A 1 L A W 999 Thud Avenut • Suitt 4200 Seattle, Washington . 98104 -4082 Telephoot (206) 624 -5950 Fncsimilc (206) 624 -5469 March 19, 2003 Re: Representation - Fisheries Matters SENIDA PAX Our firm is very pleased that the. City of Kodiak is interested in having us represent it in connection with fisheries matters. We propose to do so on the following terms. 1. Scope of Representtt,. We understand that the City is interested in having us monitor federal fishery policy developments that could affect the City's interests. We understand that our representation would initially be focused on the North Pacific Fishery Management Council's Gulf of Alaska groundfish rationalization initiative, but could also involve other matters. We anticipate spending approximately 20 hours a month on City fisheries matters. We expect that time would primarily be allocated among (1) discussions with City staff and City Council members prior to North Pacific Fishery Management Council meetings, to identify issues important to the City and to prepare positions on those issues; (11) attending North Pacific Fishery Management Council meetings, to monitor staff reports and Council discussions on City issues, and meeting with Council staff and Council members to provide them with the City's position; and (iii) providing the City with a post - meeting report concerning Council discussions and action on City issues. 2. Potential Cc nflicts of Representaton. Our firm's fisheries practice is primarily focused on representing the fishing vessel owners that operate in the Bering 3 G 0,3 R. Shawn Griggs Christopher J. Ketkering Dune= K. McIntosh Christopher 8. McNulty PJiaa&Nh Poh Mark A. Wanes Christopher T. Wion 11RR -19 -2003 15:29 FROM TO 0099*993t19074868600 P.803/204 Ms. Linda Freed March 19, 2003 Page 2 Sea and the Gulf of Alaska. Our fisheries clients also include fishing vessel trade associations, a fishermen's marketing association, several American Fisheries Act harvesting cooperatives, and a small processing plant in Kodiak. Based on our discussions concerning the scope of our proposed representation of the City of Kodiak, we do not perceive there to be a conflict between the City and our existing clients. However, it is possible that a conflict could develop in the future between the City and one or more of our existing clients. In the course of our representation of the City of Kodiak, it is also conceivable that we could gain knowledge or information that might prove useful to our existing clients in the event of a future conflict Our Rules of Professional Conduct (the State standards governing our ethical obligations) prohibit us from representing the City of Kodiak in these circumstances unless consent is received from the City of Kodiak and our existing clients after disclosure. Our existing clients have informed us that their policy is, in general, to consent to multiple representation as long as their ability to fully utilize the services of Mundt MacGregor in the future is not impaired. We, therefore, ask that the City agree to the following conditions and waivers; First, that the City acknowledge our continuing representation of our existing clients and waive any objection it might have to such representation. Second, that the City agree that in the event any actual and present conflict between the City of Kodiak and one or more of our existing clients arises, Mundt MacGregor may withdraw from further representation of the City of Kodiak and continue to represent our existing clients. Obviously, we will at all times take all reasonable steps to safeguard the confidentiality of both the City's affairs and the affairs of our existing clients, and if we find it necessary to withdraw from representing the City, we would assist the City in identifying other potential representatives. We do not believe that our ability to represent the City of Kodiak in connection with this matter will be adversely or materially affected by our representation of our existing clients. We will however, be happy to discuss any reservations you may have regarding these matters. 3. Fees and Costs. We propose to undertake the representation described above for a monthly retainer of 53,500.00. In addition to the retainer, we would expect the City to pay a pro rata share of the costs associated with my attendance 4 MUNDT MACGR.EGOR. Lilt A 1 1 . R N F Y AI L A W MAR -19 -2003 1530 FROM TO 0099*9993319074868600 P.004/004 Ms. Linda Freed March 19, 2003 Page 3 at North Pacific Fishery Management Council meetings. We propose to calculate that pro-rata share based on time I spend on City matters at each Council meeting, as compared to the time I spend on other clients' matters. In addition, we propose to bill copying, mailing, and other office expenses at actual cost. As we've discussed, we propose undertaking the representation described above on the fee basis outlined above for an initial period of six months. At that point, we would like to review both the scope of representation and the fees with you and the City Council. Once again, Linda, we very much appreciate the City's interest in our services, and I look forward to meeting with you and the City Council next week. JMS :lrg OVII$TV.ITTIRS LFRUD4111711/1SINTATIONXIOC 5 Very truly yours, MUNDT MACGREGOR L.L.P. Jose M. Sullivan TOTAL P.004 Job Class: Exempt Job Title: Natural Resources Analyst Incumbent: Vacant Department: Administration Supervisor: City Manager Full Time /Part Time: Full Time Wage Grade: 13 Union: Non -Union Probationary Period: 6 months WC Classification: PCN: Reviewed (by /date): i 0, ,ta� /"L9 /z • • Department Head Approval /Date: Position Status: page: l (pdmastJ1 D -24) CITY OF UNALASKA Position Description DEPARTMENT REVIEW Submitted By: Scott Seabury, City Manager FOR PERSONNEL DEPARTMENT USE ONLY 6 A position description is written to describe work currently organized and performed by a fully qualified employee (who possesses the knowledge, skills, and experience required by the position). One should be on file for each regular position. Attach a copy of the last position description prepared for this position. When was the last time this position description was updated? Date: New position as of September 2000. What is the overall purpose and objective of this position (why does this position exist)? Under the guidelines set by the City Manager, to provide information on and to analyze fisheries and marine - related natural resource management decisions of state and federal agencies. To guide the City in the development of short and Tong -term action plans in response to agency regulatory proposals and decisions and to interpret the impacts of such decisions as they relate to overall community development plans. POSITION RESPONSIBILITIES List in order of general importance the major responsibilities of the job (the list of duties may not necessarily reflect the exact order of priorities at all times for the position), 1. Identify and locate pertinent scientific and regulatory data related to fisheries and other marine - related natural resources issues; conduct ongoing reviews and maintain files of local and regional scientific data, state and federal fisheries and marine - related natural resource management laws, policies, and regulations. 2. Work with staff and consultants to develop written responses to federal and state regulatory changes as required and to conduct routine correspondence regarding natural resource issues. 3. Under the direction of the City Manager, develop procedures for the identification, study, and proposal of recommendations pertaining to natural resource opportunities and problems; develop guidance documents for a City marine related natural resource management action plan to include thorough analysis of local and regional impacts to proposed regulatory changes. 4. Serve as the City's fisheries and marine - related natural resource specialist to provide assistance and guidance to interested and responsible parties on the protection, development, management, and renewal of natural resources within or affecting the City; answer questions regarding legal, permitting, technical, and analytical details of fisheries and other natural resource development programs and regulations. 5. Direct consultants utilized for special resource projects; direct the study, investigation, and monitoring of fish, wildlife and other natural resources within the City. 6. Attend selected state and federal resource management meetings as needed. 7. Educate the City and its residents on the development, use, and the renewal of natural resources within the City; research programs and responses in other coastal Alaskan communities to determine their applicability to Unalaska. 8. Perform other related work as assigned. page: 2(pdmast/10 -24) 7 • • r • • is this position closely, moderately, or minimally supervised? Minimally. Please explain: Must be largely self- directed and able to identify priorities and projects independently; however, will receive routine input, guidance, and work requests under the direct supervision of the City Manager. Does this position have access to confidential information? Yes_X No If yes, please provide detail. Access to litigation documentation, bids, RFP information, the City's short- and long -term marine related natural resource development planning objectives, and correspondence with state and federal agencies and City- retained scientific and legal firms. Does this position have access to or handle City funds? Yes_X No If yes, please provide detail. Has indirect access to City funds. Position to routinely make decisions for the expenditure of City funds for the necessary development of short- and long -term marine related natural resource management planning through the development of RFPs and use of consulting services. Is it important to this position that the incumbent be able to communicate fluently in English? Yes _X___ No if yes, please explain. Routinely prepare written reports and make presentations to the City Manager, federal and state agencies, and the City Council. interact with members of the public in person, by phone, and through written correspondence. Correspond and communicate routinely with state and federal agency personnel, regional and other local government personnel, and consulting firms, etc. What kind of work experience (including length of time), training, and/or level of education is necessary for this position? Graduation from a four -year college or university with a degree in resource management, public administration or related field and a minimum of two years professional management experience, preferably related to fisheries or natural resource management In a local government setting. Other combinations of education and experience that provide the knowledge, skills, and abilities listed will be evaluated on an individual basis. List any required technical skills (typing, computer skills, diesel mechanics, etc.): Must be computer efficient in Windows environment including sufficient skills in word processing, spreadsheet and database programs, ability to use multi -line telephone system, and knowledge of general office practices, procedures and equipment. Knowledge of citywide LAN preferred. page: 3 (p drn as t/ 10 -2 4) What other special training and /or abilities are necessary to qualify for this position? A) Demonstrated knowledge of state and federal fisheries and marine related natural resource management regulations, including an understanding of the development of laws, public policy and regulations a must. B) Knowledge of the regulatory permitting process is highly desirable. C) Ability to analyze complex natural resource management issues and scientific data and to interpret for local impact. D) Ability to compile comprehensive reports, prepare written comments and necessary documents, make presentations to applicable government agencies, and make effective recommendations on marine related resource issues through the City Manager, to the Mayor, City Council, and interested parties. E) Demonstrated ability to develop and maintain professional relationships with City officials, co- workers, consultants, state and federal agency representatives, and general public. F) Demonstrated ability to define, develop, and direct the City's natural resource management policy in response to state and federal agency directives. Check any of the following factors that are important to successful performance in this position: Problem Solving X Bilingual o Analytical Ability X Interpersonal Skills X Communication Skills X Dexterity o Describe the requirements of this position that make these factors important: All factors indicated above are essential for the successful performance of the duties outlined in this position description. LEGAL REQUIREMENTS Are there any local, State, or Federal training, certification(s), or standards required for this position? If so, please provide detail: A valid Alaska driver's license or the ability to obtain one within 90 days. Required to successfully complete a drug test prior to beginning work. Is there any training, certificationts), or standards required for this position after he /she has been hired which an employee must pass to retain this position? If so, please provide detail: Successful applicant's driving records must meet standards set out in City Policies and Procedures, VEH -02, "Minimum Standards for the Operation of Vehicles While on Official City Business." page: 4(pdmas t/ 10 -24 ) 9 • WORKING CONDITIONS Are there particular working conditions associated with this position, which should be noted (i.e., working environment, hours of work, travel, work space, inclement weather, etc.)? Yes_X_ No If yes, please explain: Incumbent routinely attends meetings outside of normal working hours and travels to meetings in Alaska and the Lower 48 to represent the City of Unalaska on a variety of issues involving natural resource issues. The primary work setting is in an office environment although some field work or site visits may be required under variable weather conditions. Position location may be re- evaluated at a future date. NOTICE This job description does not constitute an employment agreement between the employer and employee. It is used as a guide for personnel actions and is subject to change by the employer as the needs of the employment and requirements of the job change. page: 5 (pdmast/10 -24) 10 Check physical demands that apply. 1. Strength a. Standing Walking Sitting b. Lifting Carrying Pushing Pulling 2. Climbing Balancing 3. Reaching Handling 4. Stooping Kneeling Crouching Crawling 5. Speaking Hearing ANALYSIS OF PHYSICAL DEMANDS OF POSITION 15 15 70 X 25 lbs. Occasionally needed. X 25 lbs. X 25 lbs. X 25 lbs. X X X X 0 0 0 0 X X 6. Seeing X Depth Perception X Color Vision X % of time % of time % of time Describe job responsibilities which require physical demands checked. Majority of time spent working at a desk or attending meetings. Visits to project sites and /or undeveloped areas with natural resource concerns. Required in day to day activity in retrieval of working materials. Coordinating meetings, projects, and activities. Must see to drive. Needed to drive. Colorcoding used on maps, plats, etc. • • page: 6(pdmast/10 -24) MEMORANDUM TO: Borough Mayor and Assembly Members City Mayor and City Council Members FROM: Aimee Kniaziowski, City Manager DATE: January 13, 2010 RE: School Crossing Guard Program The City ran the Crossing Guard program under an MOU with the KIBSD for the school years 1997 -98 through 2000 -2001, and per the agreement paid the City $43,800 (see attached memo from City Finance Director Mary Munk). According to City payroll records, the Kodiak Police Department hired, trained, equipped, and scheduled 17 temporary employees to work at six locations twice a day during this period. Direct staffing costs for the program ran about $40,000 per year. The City discontinued the program due to difficulties in retaining crossing guards which resulted in the need to routinely reassign KPD personnel to cover crossing guard duties. In 2001, the program was redesigned into its current form with both KIB and the City contributing $12,000 each to Salvation Army who administers the program and coordinates crossing guard duties with local non - profit volunteers. The Salvation Army now faces difficulties similar to what KPD faced when it managed the program. City staff researched how other Alaskan communities manage school pedestrian access and found a wide variety of solutions. Some communities do not provide crossing guards and rely on engineered solutions such as overhead crosswalks and special lighting and traffic enforcement. Some communities have crossing guard programs run by the schools. Some provide a service through service contracts with local businesses. It appears the programs (or lack thereof) are based on local needs and resources and not on a set of regulations. The Borough and City wish to review the program and make decisions to ensure student safety by providing an effective program. The two staffs have identified a list of alternatives for consideration. They are: • Retain the current program as it is and actively work for improved non- profit volunteer participation. • Identify another non - profit agency to manage the program. • Tie non - profit funding directly to non - profit participation increase. • Develop and issue an RFP to the private sector for services • Consider implementation of measures such as improved lighting, crosswalk control 15 devices, stop lights, etc. There has been discussion that the City might assume control of a program similar to the one operated from 1997 -2000. If the City were to take over the program again, we estimate the need for 10 part -time positions to work between 3 and 4 hours per day (mornings and after schools are dismissed) to cover five locations in the City limits during the school year. Preliminary estimates of program costs are between $60,000 and $80,000 per year. [8 employees @ $10.00 per hour x 20 hours a week for 35 weeks = $56,000. Costs of benefits and equipment, training, or possible salary changes due to supervisory duties are included in the estimate.] Costs to staff other crossing guard locations traditionally covered by students or others outside the program are not included, 16 To: Aim& Kniaziowski, City Manager From: Mary Munk, Finance Director Dale: 1/11/2010 RA School Crossing Guards History CITY OF KODIAK POST OFFICE BOX 1397, KODIAK, ALASKA 99615 Memorandum Finance 907 -486 -8659 Voice 907 -486 -8600 Fax The City's Payroll and Unemployment records show that the City hired School Crossing guards for school years 1997 -98, 1998 -99, 1999 -2000 and 2000 -2001. At the August 27, 1998 City Council meeting a Memorandum of Agreement (No.989 -050) was passed stating that annually, the Kodiak Island Borough Scholl District had contracted with the City to provide crossing guard services during the school year. By the terms of the agreement, the school district would pay the City $43,800 for the services at six locations. We could not find any minutes in reference to the 1999 -2000 school year agreement, but we have payroll records that we hired and paid school crossing guards. Again we could not find any minutes in reference to the 2000 -2001 school year agreement, but we have unemployment records for 2001 showing payments to school crossing guards. At the August 9, 2001 City Council meeting a resolution (No. 01 -21) was passed showing $24,000 for School Crossing Guards under the non - profit funding. The School Crossing Guard Program would be taken over by the Salvation Army with the Kodiak Island Borough paying $12,000 and the City of Kodiak paying $12,000. 17 6032 August 27, 1998 Councllmember Davidson MOVED, seconded by Councilmember Stevens, to pass and approve Resolution No. 98-19. Acting Mayor Walters clarified that the $150.00 fee was Intended for those desiring exclusive use of the facility. The roll call vote was Councilmembers Davidson, Monroe, Stevens, Vizcocho, and Walters in favor. Coundlmember Bunting was absent. The motion passed. e. Approval of Agreement re: Crossing Guard Services for the 1998 - 99 School Year Annuafly, the Kodiak Island Borough School District had contracted with the City to provide crossing guard services during the school year. By the terms of Memorandum of Agreement No. 989-050, the school district wouki pay the City $43,800 for those services at six locations. Counc ilrnember Vizcoeho MOVED, seconded by Councifinember Davidson, to approve Memorandum of Agreement No. 989-050 with the Kodiak island Borough School District to provide crossing guard services for the 1998.99 school year. The roll call vote was Coundimembers Davidson, Monroe, Stevens, Vizcocho, and Walters In favor. Councibnember Bunting was absent. The motion passed. f. Approval of Agreement re: Lifeguard Services for the 1998 - 99 School Year Annually, the Kodiak Island Borough School District had contracted with the City to provide lifeguard services for school - sanctioned activities during the school year. By the terms of Memorandum of Agreement No. 989-049, the school district would pay the City 39,846 for those services. Counclknernber Stevens MOVED, seconded by Counc lmember Vizcocho, to approve Memorandum of Amt No. 989-049 with the Kodiak Island Borough School District to provide lifeguard services for the 1998 -99 school year. The roll call vote was Coundlrnembers Davidson, Monroe, Stevens, Vizcocho, and Walters in favor. Counciimember Bunting was absent. The motion passed. g. Approval of Agreement re: Engineering Services for Design of Harbor Reconstruction & Improvements, Project No. 98-11 Proposals were solicited for design of the reconstruction of St. Paul Harbor and the design of improvements to St. Herman Harbor. Strong community support advocated awarding the design work to Peratrovich, Nottingham, and Drage, Inc. (PN&D), on a sole source basis PN&D proposed to prepare a harbor master plan that would deasr r define the scope of work and configuration of the harbor improvements for a fee not to exceed $57,000. PN&D further proposed to do the actual design work, based on the scope ofwork outlined by the sty for a fee 01 098,000. The City Engineer believed the fees were reasonable and that PN&D was competent to perform the work. The Qty Manager therefore recommended that a professional services agreement with PN&D be approved for the amounts stated. Councllmember Monroe MOVED, seconded by Counc lmember Vizcocho, to authorize the City Manager to execute a professional services agreement with Peratrovich, Nottingham and Drage, Inc., 18 6420 VI. NEW BUSINESS August 9, 2001 a. Resolution No. 01 -21, Authorizing Payment of Fiscal Year 2002 Nonprofit Organization Grants Mayor Floyd read Resolution No. 01 -21 by title. The City Manager developed a nonprofit grant application farm for FY'02 that provided an evaluation criteria based on nonprofit program services that supplemented City services. The resolution reflected the Manager's funding recormnendations based on this criteria. Current year funding requests, including the amount recommended for the new school crossing guard program, exceeded the $120,000 budgeted amount by approximately $4,000. Therefore, the City Manager did not recommend funding to Hope Resources, Small World, and St. Mary's School because those program services did not supplement City services. Councilmembers expressed appreciation to all local nonprofit organizations for their contributions to the community and reiterated that because total grant awards were limited to one percent of the City's general fund appropriations, awards were necessarily restricted to nonprofit organizations whose programs most clearly supplemented existing City services. Councilmember Walters MOVED, seconded by Councilmember Vizcocho, to adopt Resolution No. 01 -21. The roll call vote was Councilmembcrs Davidson, Monroe, Stevens, Vizcocho, and Walters in favor. Councilmember Olsen was absent. The motion passed. b. Authorization of Change Order No. 9 to the Wastewater Treatment Plant Upgrade, Project No. 94-20 The Wastewater Treatment Plant Upgrade Project was completed, and numerous modifications reviewed and approved by the City Engineer and Public Works Director needed to be reconciled in order to close the project. The total contract price for the project was $9,299,696, and Change Order No. 9, totaling $97,462.05, consolidated modifications implemented over the life of the project. Councilmember Stevens MOVED, seconded by Councilmember Walters, to approve Change Order No. 9 to the Wastewater Treatment Plant Upgrade, Project No. 94-20, in the amount of $97,462.05, funds to be expended from the Sewer Capital Improvement Fund, Waste Water Treatment Plant Account. The roll call vote was Councilmembers Davidson, Monroe, Stevens, Vizcocho, and Walters in favor. Councilmember Olsen was absent. The motion passed. c. Authorization of Change Order No. 3 to Mill Bay Road Pavement Rehabilitation, Project No. 00-17 Completion of the Mill Bay Road Pavement Rehabilitation project required quantities of pavement planing, paving, and adjustments to manholes and valve boxes that exceeded quantities specified in the original bid price of $848,496 and resulted in an additional cost of $29,906.26. 19 [Clerk's Note: This draft is from Councilmember Terry Haines and Assemblymember Sue Jeffrey] Kodiak Island Borough /City of Kodiak Fisheries Policy Draft Jig The Kodiak Island Borough and the City of Kodiak, as legitimate stakeholders in the health of Alaska's renewable marine resources, hereby join together to set forth a joint fisheries policy to guide community leaders and ensure that policymakers recognize and protect Kodiak's cultural and economic reliance on Alaska's marine resources. The marine resources of the Gulf of Alaska have sustained the people of Kodiak for10000 years. In 1792, Russian fur traders established a trading center at Kodiak, which makes Kodiak the oldest port in Alaska. Thus, for more than 200 years, Kodiak has served as the largest commercial marine resource -based hub in the Gulf of Alaska. The city of Kodiak and Kodiak Island Borough have built and continue to invest in infrastructure that supports our marine industries. The fisheries, including commercial, sport and subsistence, is the backbone of Kodiak's economy: The seafood industry, including fish harvesting and seafood processing, is the second largest employment sector in Kodiak, equaling 27 percent of total employment. Including other fisheries - related sectors such as the U.S. Coast Guard, Alaska Department of Fish and Game and NOAA/NFMS, waterfront businesses, and transportation and marine support services, the fishing sector comprises more than 35 percent of Kodiak's total employment. Kodiak consistently ranks among the top three largest fishing ports in the nation in terms of value and poundage landed. Homeport to more than 700 fishing boats, Kodiak has the largest and most diversified fishing port in Alaska. Area residents hold more than 1,100 commercial fishing permits. Of the 10 top employers in Kodiak, five are fish processing plants, including facilities in remote sites throughout the Kodiak Island Archipelago. The processing sector employs a resident workforce of approximately 1,370 people for a combined payroll of more than $54 million. The Borough and City of Kodiak are traditionally dependent on, and have made significant infrastructure investment in the region's fishing industry Resource management decisions made by State and Federal regulators have deep and wide ranging impacts on the economic and social well -being of the citizens of Kodiak The Constitution of the State of Alaska reserves fishery resources for the benefit of its citizens The National Oceanographic and Atmospheric Administration has encouraged Regional Management Councils to take advantage of the special community provisions in the Magnuson Stevens Act to help ensure the sustainability of fishing communities, including the preservation of working fishery waterfronts, fishery infrastructure diverse fishing fleets, and resource access. Therefore: The Borough and City of Kodiak will act as stakeholders in regional fisheries management decisions and require managers to provide data and analysis regarding potential impacts that changes in resource management programs will have to local economies. Socioeconomic impact analysis? The Borough and City will promote fisheries resource management using an ecosystem based approach for long term sustainability, including a robust investment in quality research. The Borough and City will promote fisheries resources management policies and programs that avoid economic harms to the community and encourage entry level opportunities. The Borough and City will work in close partnership with the State of Alaska to ensure its citizens have access to marine resources. The Borough and City will work in close partnership with the North Pacific Fisheries Management Council to develop community provisions contained in the Magnuson Stevens Act. For Discussion: Marketing? Value Added? Research for value added? r Summary of Solid Waste Collection Plan andellIRIMUNIM of Solid Waste Collection Plan KIB and Alaska Waste's primary goal is to follow the collection plan outlined in the Solid Waste Management Plan (SWMP), adopted by the Kodiak Island Borough Assembly on August 22, 2008. The SWMP provides for: 1. Operational efficiency with a safe, uniform system of standardized carts 2. Rate stability: collection rates over the long -term (5 -10 years) will fluctuate less 3. Fair and equitable garbage rates based on how much you throw away, creating a direct economic incentive to reduce, reuse and recycle 4. Rate equity and elimination of waste generators that are currently being subsidized in the existing system 5. Removal of community dumpsters: Dumpsters are expensive and wasteful, by allowing an out -of- sight, out -of mind way to avoid the responsibility of paying for disposal, thus creating increased costs to all rate payers in the system 6. Higher level of service: Customer convenience is increased and litter and garbage in the streets is reduced 7. Addition of future services, such as roadside recycling Kodiak residential customers will be serviced by 1 of 3 ways depending on where you live: 1. BEAR CART AREA: Weekly roadside pickup of standardized bear carts for the area located primarily north of the intersection of Mill Bay Road and East Rezanof. Carts available will come in 64- gallon or 96- gallon sizes. Residents in this area may also opt for self -haul to the landfill. For those who do so AK Waste will include in the billing a "coupon" that will allow for either the 64- gallon or 96- gallon sizes. These coupons will be brought by self -haul residents and given to landfill staff to account for the residential waste and residents will then deposit their waste into a dumpster container located at the landfill. If, due to bear activity, the bear cart area is deemed to be unsafe pickup service will be suspended and cart customers will be notified and provided with coupons similar to optional self - haul customers, until it is safe to return to pickup service. 2. DOWNTOWN CORE: Weekly roadside pickup of standard roll carts located primarily south of intersection of Mill Bay Road and East Rezanof Carts available will come in 32- gallon, 64- gallon or 96- gallon sizes. 3. ROLL -OFFS: For residential users in Bells Flats, Chiniak and Pasagshak the service will continue to be provided by roll -off containers (dumpsters) in the same manner as today. Areas utilizing carts will be serviced by new automated or semi - automated collection vehicles. Page 1 of 7 Summary of Changes to Contract (Explanation of Contract Change at the Beginning of each section) This section, which has been amended since it was included in Assembly members' packet, is to clarify the procedure used to calculate rate adjustments. It also provides a description of the adjustments, examples of how components of the rate are affected by the adjustments (or not) and a sample application of the changes to the rate cost components. Approximate p. 24 13.03 Adjustment of Contractor Service Fee. a. Adjustment events and timing (i) Rate Cost Component "Rate Cost Component" means the sum of the following five portions of the Contractor Service Fee: A. Collection & Administrative Costs: Annual changes in the CPI. The operational component identified by the Contractor for each level of service will be adjusted by 75% of the CPI percent change, if any, in the CPI during the period commencing April 1 of the previous year and ending March 31 of the current year, no greater than 5 %, as confirmed by KIB. "CPI" means the consumer price index (CPI -U) for Anchorage, Series ID 1982 -84 =100, published by the U.S. Department of Labor / Bureau of Labor Statistics (initial release). B. Fuel Component: Annual changes in the PPI. The fuel component identified by the Contractor for each level of service will be adjusted by the 75% of the change, if any, in the PPI during the period commencing April 1 of the previous year and ending March 31 of the current year, as confirmed by KIB. "PPI" means annual Producer Price Index Series WPU057303 for No. 2 diesel fuel, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics as of March 31 of each year. C. Landfill Disposal Component: Change in disposal fee. The disposal cost identified by the Contractor for each level of service will be adjusted by 100% of the change, if any, in disposal fees charged Contractor at KIB Landfill. D. Fixed Cost Component: No Change over the initial contract. The fixed costs identified by the Contractor for each level of service will not be adjusted and remain constant over the term of the initial contract. These costs include, but are not limited to depreciation, lease, cart and container rent. Page 2 of 7 Cart Cost Components $150.00 Adjustment 32 gal 64 gal 96 gal Collection & Admin Costs 1 CPI $8.91 $8.91 $8.91 Fuel 2 PPI $2.17 $2.17 $2.17 Cart rental 3 Fixed $4.34 $4.34 $4.34 Depreciation / Lease Cost 3 Fixed $1.57 $1.57 $1.57 Disposal Cost (Pass Through) 4 Actual $9.74 $14.94 $19.16 Profit 5 % of Costs $2.16 $2.16 $2.16 Total Cart Collection Rate Sum of Above $28.90 $34.09 $38.31 Tipping fee charges on Contract $150.00 Commencement Date or last prior adjustment date April 1, 2008 - March 31, 2009 Tipping fee charges on adjustment date $5.00 Percent change 3.4% Calculation of % change in CPI (12 -month average, not month -to- month) April 1, 2007 - March 31, 2008 189.5 April 1, 2008 - March 31, 2009 191.7 Percent Change 2.2% (not more than 5 %) Portion of % change 75% 1.65% Calculation of change in PPI April 1, 2007 - March 31, 2008 262.6 (12 -month average, not month -to- month) April 1, 2008 - March 31, 2009 285.6 Percent Change 23.0% Portion of % change 75% 17.25% E. Operating Margin: No Change over the initial contract. The percentage of operating margin identified by the Contractor for each level of service will not be adjusted and remain constant over the term of the initial contract. The following table details the rate components identified by the Contractor of each for the proposed levels of service for cart collection: d. Sample calculations of annual adjustments in Contractor Service Fee. 1. Annual adjustment of OPERATIONS PORTION due to Change in CPI. 2. Annual adjustment of FUEL PORTION Due to Change in PPI. 3. Any changes in Tipping Fees. (Disposal Costs per Ton) Page 3 of 7 4. Application of the Changes to the Rate Cost Components. 5. Adjusted Contractor Service Fee. The sum of the Rate Adjustments from the above table will be added to the Rate Cost Components to calculate the new collection rates. Summary of Changes to Contract Approximate p. 42 Alaska Pacific Environmental Service, Anchorage, (APSEA) which provides service as Alaska Waste, is an Alaska Limited Liability Company formed in 2003 by a group of Alaskan investors. An examination of all "Alaska Waste" relationships found that none of the individuals or companies, although not LLC's, has a majority interest in APSEA and therefore is not a logical candidate to be the Guarantor of Alaska Pacific Environmental Service, Anchorage, KIB 's proposer and contractor. Therefore, this paragraph was added to the contract to cover KIB's interests in the absence of a Guarantor (an entity /company that would commit to the payment of another's debt or the fulfillment of obligations in the event of default). ARTICLE 16: TRANSFER OF CONTRACT. 16.01 Contractor Transfer. b. MB consent. Contractor acknowledges that in its submitted proposal to provide Contract Services and enter into this Agreement it described the experience, qualifications and operations not only of Contractor itself, but of the following companies that are wholly owned by Contractor as of the Contract Commencement Date: Alaska Waste Transfer, Alaska Waste, Alaska Waste Interior, LLC, and Alaska Waste Kenai Peninsula, LLC (together, "Contractor's Operations "). Furthermore, in its proposal Contractor did not take an exception to its Performance Obligation to provide the Guaranty. Therefore, in lieu of providing the Guaranty, Contractor will not Transfer in whole or in part, voluntarily or involuntarily any of Contractor's Operations without KIB consent, given in KIB's sole discretion. For purposes of this Performance Obligation and KIB right, the definition of "Transfer ", the "Contractor" is deemed to include "Contractor's Operations. Page 4 of 7 Rate Component Adjustment Method Base Year Costs Rate Adjustments Rate Year 2 Costs Cost Components Collection & Admin Costs CPI $8.91 $0.15 $9.06 Fuel Fuel PPI $2.17 $0.28 $2.45 Cart Rental No Inflators $4.34 $- 0 $4.34 Depreciation / Lease Cost No Inflators $1.57 $- 0 $1.57 Disposal Cost (Pass Through) Actual $9.74 $0.33 $10.07 Total Rate Components $26.74 $0.76 $27.50 Margin (7.5 %) No Inflators $2.16 $0.07 $2.23 Rate (Total Rate Components + Margin) $28.90 $0.83 $29.73 4. Application of the Changes to the Rate Cost Components. 5. Adjusted Contractor Service Fee. The sum of the Rate Adjustments from the above table will be added to the Rate Cost Components to calculate the new collection rates. Summary of Changes to Contract Approximate p. 42 Alaska Pacific Environmental Service, Anchorage, (APSEA) which provides service as Alaska Waste, is an Alaska Limited Liability Company formed in 2003 by a group of Alaskan investors. An examination of all "Alaska Waste" relationships found that none of the individuals or companies, although not LLC's, has a majority interest in APSEA and therefore is not a logical candidate to be the Guarantor of Alaska Pacific Environmental Service, Anchorage, KIB 's proposer and contractor. Therefore, this paragraph was added to the contract to cover KIB's interests in the absence of a Guarantor (an entity /company that would commit to the payment of another's debt or the fulfillment of obligations in the event of default). ARTICLE 16: TRANSFER OF CONTRACT. 16.01 Contractor Transfer. b. MB consent. Contractor acknowledges that in its submitted proposal to provide Contract Services and enter into this Agreement it described the experience, qualifications and operations not only of Contractor itself, but of the following companies that are wholly owned by Contractor as of the Contract Commencement Date: Alaska Waste Transfer, Alaska Waste, Alaska Waste Interior, LLC, and Alaska Waste Kenai Peninsula, LLC (together, "Contractor's Operations "). Furthermore, in its proposal Contractor did not take an exception to its Performance Obligation to provide the Guaranty. Therefore, in lieu of providing the Guaranty, Contractor will not Transfer in whole or in part, voluntarily or involuntarily any of Contractor's Operations without KIB consent, given in KIB's sole discretion. For purposes of this Performance Obligation and KIB right, the definition of "Transfer ", the "Contractor" is deemed to include "Contractor's Operations. Page 4 of 7 Summary of Changes to Contract Approximate p. 58 This section was added to allow self -haul to residential customers who opted out of obtaining a bear cart in the bear cart area (known primarily as Monashka Bay). ATTACHMENT 6: DROP BOX COLLECTION AND TRANSPORTATION. 6 -6.03 Roll -Off Container at MB Landfill. a. Container delivery and replacement. Beginning on the Commencement Date, Contractor will deliver a 4 -Cubic Yard Dumpster or Roll -Off Container in any capacity provided on the Service Fee Schedule, as requested by KIB, to the location specified by KIB at the KIB Landfill. Contractor will replace that Dumpster or Roll -off Container with another Dumpster or Roll -Off Container of any other capacity provided on the Service Fee Schedule, within two Service Days of KIB request. Contractor will provide KIB with the Service prescribed in Section 7 -7.08 Containers (including repair and maintenance), as if KIB were a Customer. b. Collection. Beginning on the Collection Commencement Date, Contractor will Collect all Solid Waste in the Roll -off or Dumpster at the KIB Landfill at the frequency agreed to by KIB and the Contractor, without charge to KIB, and dispose of it at the KIB Landfill. c. Payment by Customers. (1) Mandatory Service charges. If anyone notifies Contractor in writing that he or she wishes to personally store, collect, transport and dispose of Solid Waste generated on that person's Premises, (referred to as "self- haul "), Contractor may nevertheless charge that person a Contractor Service Fee commensurate with the gallon equivalent (32, 64 or 96 gallons) of Solid Waste that the self -haul Customer discards at the Dumpster or Roll -off Container located at KIB Landfill, as estimated by a KIB employee. (2) Contractor acknowledges that Contractor is authorized under this Agreement to charge the owner or occupant of a Premises a Service Fee, regardless of whether or not that owner or occupant self -hauls Solid Waste and discards it in the Dumpster and Roll -Off Container at KIB landfill, or utilizes Services at Customer's Premises. Therefore Contractor acknowledges that it is compensated for providing Service under this Section even though it does not charge KIB. Page 5 of 7 Service Description Contract Section Contractor Service Fee (monthly) Rollout Service for Non- eligible Customers — Initial 30' or fraction thereof Attachment 4- 4.01d $7.36 Rollout Service for Non- eligible Customers — Each additional 30' of fraction thereof Attachment 4- 4.01d $6.13 Beginning 7 months after Collection Commencement Date, replacement of Cart in excess of once / calendar year Attachment 7- 7.04b $25.00 plus Direct Cost of Cart Bear lock for Customers in portion of Contract Service Area not required to have bear locks One -time difference between Direct Cost of Cart with / without bear lock Drive in Service — First 100' $18.40 Drive in Service — 100' — 300' $30.67 Drive in Service — More than 300' Individually assessed Sargent Crcck Roll -Off Clean- up Costs $3.68 Capacity / # of Refuse Carts Monthly Service Fee Additional Set -Out Fee $6.87 Summary of Changes to Contract Approximate p. 68 Fees that were added based on input from Assembly, KIB and AK Waste. ATTACHMENT 13.01: CONTRACTOR SERVICE FEE SCHEDULE. Contractor Service Fee for Carts (Section / Attachment 4 Contractor Service Fee Surcharges for Carts Page 6 of 7 Dumpster Size 10 -20 yard 30 -40 yard 10 -20 yard Compactor 30 -40 yard Compactor $148.50 plus disposal $198.00 plus disposal $148.50 plus disposal plus disconnect fee - $21.25 $198.00 plus disposal plus disconnect fee - $21.25 Summary of Changes to Contract Approximate p. 68 Fees that were added based on input from Assembly, KIB and AK Waste. Contractor Service Fee for Drop Box Service (Section / Attachment 4) Contractor Service Fee Per Ti Summary of Changes to Contract Approximate p. 72, 79 and 85 respectively. Definitions added or amended to describe services. ATTACHMENT 20.01: DEFINITIONS. Bear Cart means a cart designed to be resistant to opening by bears. Drive -in Service means when the contractor is required to leave the public right -of -way and enter a driveway, private road, or private property. Rollout Service means taking the following actions by manual means: (1) dismounting from the Collection Vehicle, (2) moving a Receptacle more than five feet (5') from its storage location indicated on that Customer's Service Subscription (such as within enclosures or by garages) to the Collection Vehicle for emptying, and (3) returning the Receptacle to its storage location. Page 7 of 7 P AU E Ft L / e-101 1 9a414.1 g.)--ez-de-(-0-4.,.., eiti VZ:q(0 ,__5 cc-t-k iN U ?le- - (4 --" --,--4 - 4 -- , ( SlsqkPnI S --- D o , \,\) ,z__ S y\ p g 4 ... ?s , J o e- glet c--k ' T/L4 t k, 4,e � UgNdAae 1 08y SvZ-(--t vetN al/CJ 1 Ma 4, Si J_ Pruii+ ) ler r , �l, 1 (eat-' c D7P—r7' KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION tkaW Work Session of: �� 9 - b Please PRINT your name Please PRINT your name