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2010-03-04 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 4, 2010, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Contract No. FY2010 -30 Solid Waste Collection Contract. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. 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). 2. Resolution No. FY2010 -29 Approving Funding Support to the Kodiak Maritime Museum's (KMM) "Thelma C Interpretive Project ". C. Ordinances for Introduction 1 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. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 D. Other Items 1. Confirmation of Assembly Appointment to the Citizens Board of Equalization. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meeting of May 4, 2009. 2. Parks and Recreation Committee Meeting of January 26, 2010. 3. Planning and Zoning Commission Meeting of December 16, 2009. B. Reports 1. Kodiak Island Borough School District Board of Education Special Meeting of February 15, 2010. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 2010 Beautification Awards Beautification Award for a Residence: Lee Robbins & Kim Swaneveld A Downtown Bed, Breakfast & Boat 208 Rezanof Drive Beautification Award for a Business: Ben & Hazel Ardinger !a 1,800 sq. foot addition to Ardinger's 11111 � �� Fine Furnishings & Gifts IMO 1710 Mil Bay Road 1111 IOU Beautification Award for an Individual: Bill Kersch, Kodiak Postmaster Renovation of Kodiak's Post Office 419 Lower Mill Bay Road TITLE: Contract No. FY2010 -30 Solid Waste Collection Contract. SUMMARY: In May 2009, the KIB issued a request for proposal (RFP) for solid waste and recycling collection services. This RFP was developed based on the Solid Waste Management Plan (SWMP) which was approved by the Assembly on August 21, 2008. Two proposals were received. KIB staff selected the proposal submitted by Alaska Pacific Environmental Services, LLC dba Alaska Waste. Staff determined that the Alaska Waste proposal provided the most responsive approach to reach KIB's solid waste goals as identified in the Solid Waste Management Plan and the KIB Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward KIB's solid waste goals and needs. Staff has negotiated the details of the contract with Alaska Waste and recommends approval. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 4, 2010 REGULAR MEETING ,4-rk 4 ITEM NO: 12.A RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. FEBRUARY 2010 EXCLUSIVE SERVICE CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION AND TRANSPORTATION To KIB LANDFILL BETWEEN KODIAK ISLAND BOROUGH AND ALASKA PACIFIC ENVIRONMENTAL SERVICE, LLC COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK TABLE OF CONTENTS RECITALS 8 ARTICLE 1 EXCLUSIVE CONTRACT 8 ARTICLE 2 REPRESENTATIONS AND WARRANTIES 9 2.01 Of Contractor 9 2.02 Of KIB 9 ARTICLE 3 TERM OF CONTRACT 9 3.01 Term 9 3.02 Survival of Certain Provisions 9 3.03 Contractor's Obligations Upon Expiration or Termination 10 3.04 New Contract 10 ARTICLE 4 REFUSE COLLECTION AND TRANSPORTATION TO KIB LANDFILL 10 4.01 Scope of Services and Specifications 10 ARTICLE 5 FUTURE PROGRAM CONSIDERATION: RECYCLABLES COLLECTION AND PROCESSING 10 5.01 Right of First Proposal 10 ARTICLE 6 DROP BOX COLLECTION AND TRANSPORTATION 10 6.01 Scope of Contract Services and Specifications 10 ARTICLE 7 GENERAL COLLECTION PERFORMANCE OBLIGATIONS AND STANDARDS 10 7.01 Scope of Contract Services and Specifications 11 ARTICLE 8 REFUSE DISPOSAL 11 8.01 Scope of Contract Services and Specifications 11 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ARTICLE 9 MISCELLANEOUS PERFORMANCE OBLIGATIONS 11 9.01 Compliance with Law 11 9.02 Personnel 12 9.03 Responsiveness to KIB 12 ARTICLE 10 RECORDS AND REPORTING 13 10.01 Records 13 10.02 Reporting 14 10.03 Financial Records and Reports 14 ARTICLE 11 INDEMNITIES, INSURANCE, LETTER OF CREDIT 15 11.01 Insurance 15 11.02 Contractor Indemnity, Defense and Release 18 11.03 Letter of Credit 19 11.04 Guaranty Agreement 19 11.05 Assurance of Performance 20 ARTICLE 12 CHANGE IN SCOPE OF SERVICE 20 12.01 Change in Performance Obligations 20 12.02 Proposal 20 12.03 Independent Expert 22 ARTICLE 13 CONTRACTOR SERVICE FEE, CUSTOMER SPECIAL SERVICE SURCHARGES 23 13.01 Customer Service Fee 23 13.02 Inclusiveness 23 13.03 Adjustment of Contractor Service Fee 24 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ARTICLE 14 BREACHES, DEFAULTS AND REMEDIES 27 14.01 Certain Breaches; Liquidated Damages and Specific Compensatory Damages 27 14.02 Defaults 31 14.03 Breaches and Defaults Excused 34 14.04 Remedies. 35 14.05 Additional Compensatory Damages 36 14.06 Waivers 37 14.07 Jurisdiction; Venue, Costs 37 14.08 Enforcement Costs 37 14.09 KIB Right to Perform 37 ARTICLE 15 SUSPENSION OR TERMINATION 40 15.01 KIB Right to Suspend or Terminate 40 15.02 Criminal Activity 41 ARTICLE 16 TRANSFER OF AGREEMENT 42 16.01 Transfer 42 ARTICLE 17 THE PARTIES 44 17.01 Contractor Is Independent Contractor 44 17.02 Parties in Interest 44 17.03 Binding on Successors 44 17.04 Further Assurances 44 17.05 Actions of KIB in Its Governmental Capacity 44 17.06 Contractor's Obligations Performed at Its Sole Expense 44 17.07 Parties Representatives 44 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 17.08 Due Diligence 45 17.09 No Use of KIB Name 45 17.10 Subcontractors 45 ARTICLE 18 AMENDMENTS 46 18.01 Amendments 46 ARTICLE 19 NOTICES, CONSENTS, APPROVALS, ETC. 47 19.01 Notices, etc. 47 19.01 Writing Requirements 47 19.03 Exercise of Options 47 ARTICLE 20 DEFINITIONS AND INTERPRETATION OF CONTRACT 48 20.01 Definitions 48 20.02 Interpretation of Contract 48 20.03 Integration 48 21.04 Governing Law 49 20.05 Severabi l ity 49 20.06 Interpretation 50 20.07 New Contract 50 ARTICLE 21 EXECUTION OF CONTRACT 50 21.01 Execution in Counterparts 50 21.02 Authority to Execute 50 ATTACHMENT 2.01 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES. 52 ATTACHMENT 2.02 KIB'S REPRESENTATIONS AND WARRANTIES 53 ATTACHMENT 4 REFUSE COLLECTION AND TRANSPORTATION TO KIB LANDFILL 54 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 4 -3.03 Obligations Upon Termination or Expiration 54 4 -4.01 Automated Refuse Collection in Carts 54 4 -4.02 Collection in Dumpsters or Compactors 55 4 -4.03 On -call, Monthly Bulky Items Collection 56 4 -4.04 Emergency Services 57 4 -4.09 Mandatory Service Notice 57 ATTACHMENT 5FUTURE PROGRAM CONSIDERATION: RECYCLABLES COLLECTION AND PRC 5 -5.01 KIB Recyclables Program Specifications 57 ATTACHMENT 6 DROP BOX COLLECTION AND TRANSPORTATION58 6 -6.01 On -call Temporary Dumpster and Roll -off Service 58 6 -6.02 Weekly Residential Roll -off Service 58 ATTACHMENT 7GENERAL COLLECTION PERFORMANCE OBLIGATIONS AND STANDARDS 7 -7.01 Missed Pickups and Other Complaints 59 7 -7.02 Unpermitted Waste Screening 60 7 -7.03 Contract Service Exceptions 61 7 -7.04 Transition and Customer Education 61 7 -7.05 Other Special Customer Services 62 7 -7.06 Contract Service Assets 62 7 -7.07 Customer Billing; Bill & KIB Fee Collection 63 7 -7.08 Containers 63 7 -7.09 Customer Service Subscription and Bill of Rights 64 7 -14.01 Liquidated Damages 65 ATTACHMENT 8 REFUSE DISPOSAL ATTACHMENT66 8 -1.01 Transportation to KIB Landfill 66 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 8 -1.02 Limited Disposal Defense and Indemnification 67 ATTACHMENT 13.01 CONTRACTOR SERVICE FEE SCHEDULE68 ATTACHMENT 20.01 DEFINITIONS71 APPENDIX: CONTRACTOR INFORMATION AND DOCUMENTATION 89 COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK "Day" means a calendar day. CONVENTIONS USED IN THIS CONTRACT In this Agreement words have the meanings defined in Attachment 20.01 appended as the last attachment to this Agreement. "Including ", "Include" or variations thereof means "including without limitation, "including, but not limited to" and "including, at a minimum ". "Promptly" or "Prompt" means as soon as practicable, but not more than two days. "Such as" means "for example ". RECITALS: The Parties refer to the following facts, using terms defined in Attachment 20.01. KIB is responsible for protection of public health and the environment in its jurisdiction. Historically, KIB has contracted for residential service in dumpsters, which has created a nuisance and appearance problem with litter. This Contract provides service to residential (and some commercial) customers in wheeled carts, as a measure to minimize nuisance and reduce litter. KIB owns its landfill and may be liable for pollution caused by materials discarded in the landfill. This Contract helps KIB minimize its potential pollution liabilities through performance specifications, such as unpermitted waste screening protocols. KIB has provided customer billing and bill collection services for solid waste services. This Contract reduces KIB's administrative cost through performance specifications that require the contractor to provide those services. KIB's existing contract for solid waste collection services is expiring, and KIB conducted the competitive procurement pursuant to which this Contract was awarded in order to secure the most comprehensive services for the best price. By entering into this Contract, KIB establishes performance standards, customers' rights and program enforcement flexibility. NOW, THEREFORE, in consideration of the mutual obligations of the Parties under this Contract and the conditions under this Contract, KIB and Contractor agree as follows: ARTICLE 1: EXCLUSIVE CONTRACT 1.01 Exclusive Right and Privilege to Provide Contract Services. KIB grants Contractor the exclusive right and privilege together with the obligation to provide Contract Service in the Contract Service Area conditioned on Contractor being at all times ready, willing, and able to COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK meet each and every Performance Obligation. ARTICLE 2: REPRESENTATIONS AND WARRANTIES 2.01 Of Contractor. Contractor makes the representations and warranties in Attachment 2.01 on the date it executes this Contract. 2.02 Of KIB. KIB makes the representations and warranties in Attachment 2.02 on the date it executes this Contract. ARTICLE 3: TERM OF CONTRACT 3.01 Term. a. Contract Commencement Date and expiration of Term. The Term commences on the Contract Commencement Date, March 1, 2010 and expires at the end of 7 years after the Contract Commencement Date, unless extended. b. Collection Commencement Date. The Collection Commencement Date is July 1, 2010. c. Short -term extension. On or before 30 days prior to the expiration of the Term whether original under subsection a) or extended under subsection c), KIB, in its sole discretion, may extend the Term for up to six months. d. KIB options to extend Term. On or before 60 days prior to the following dates: (1) expiration of the original Term under subsection a), (2) the extended Term under subsection b), or (3) a portion of the maximum allowable extended term under this subsection, KIB, in its sole discretion, may incrementally extend the Term for up to 3 years in any combination of the following number of years (such as 1 +2, 1 +1 +1; 2 +1). 3.02 Survival of Certain Provisions. The following provisions of this Contract will survive the Term: (1) all acknowledgements, representations and warranties of the Parties in this Contract, (2) all Indemnities, (3) Contractor Payment Obligations or claims therefore, (4) all Contractor's Performance Obligations and KIB's rights with respect to Records, including giving KIB a copy of Records, or allowing KIB to copy, inspect and audit Records, including: • certificates of Insurance or other evidence of Insurance coverage (such as endorsements extending coverage of claims made insurance policies), and • Contract Service Asset Inventory and Contract Service Asset Documentation (for example, with respect to Refuse Carts that KIB has the right to acquire). (5) all Contractor's Performance Obligations and KIB's rights with respect to Reports; including submitting final Reports, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (6) providing endorsements extending coverage of claims made insurance policies, if KIB waives the claims made requirement and allows claims made insurance policies, (7) any other provision that expressly states that it survives the Termination Date (such transfer of Cart ownership to KIB), and (8) any right of either Party vested and any obligation of either Parties accrued before the Termination Date. After the Termination Date, Contractor has no other Performance Obligations or rights under this Contract. 3.03 Contractor's Obligations Upon Expiration or Termination. OBLIGATIONS IN THIS SECTION SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. If Contractor is not awarded an agreement to continue to provide MSW Management Services substantially similar to Contract Services after the expiration or termination of this Contract, prior to and after that expiration or termination, Contractor will cooperate fully with KIB and the succeeding contractor(s), licensee(s), permittee(s) or other Person(s) providing MSW Management Services to assure a smooth, efficient, orderly, timely and effective transition of and delivery of MSW Management Services to Contractor's former Customers. 3.04 New Contract. This Contract is a new obligation between the Parties and is a novation, substitution and replacement for any contract or agreement between the Parties entered into before the Contract Commencement Date with respect to Contract Services. ARTICLE 4: REFUSE COLLECTION AND TRANSPORTATION TO KIB LANDFILL 4.01 Scope of Services and Specifications. Beginning on the Contract Commencement Date (or Collection Commencement Date, if specified), Contractor will provide Contract Service and satisfy Performance Obligations in Attachment 4. ARTICLE 5: FUTURE PROGRAM CONSIDERATION: RECYCLABLES COLLECTION AND PROCESSING 5.01 Right of First Proposal. If KIB intends to implement a recycling program, it will first solicit a proposal from Contractor under Attachment 5. ARTICLE 6: DROP BOX COLLECTION AND TRANSPORTATION 6.01 Scope of Contract Services and Specifications. Beginning on the Contract Commencement Date, Contractor will provide Contract Service and satisfy Performance Obligations in Attachment 6. ARTICLE 7: GENERAL COLLECTION PERFORMANCE OBLIGATIONS AND STANDARDS COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 7.01 Scope of Contract Services and Specifications. Beginning on the Contract Commencement Date, Contractor will provide Contract Service and satisfy Performance Obligations in Attachment 7. ARTICLE 8: REFUSE DISPOSAL 8.01 Scope of Contract Services and Specifications. Beginning on the Contract Commencement Date, Contractor will provide Contract Service and satisfy Performance Obligations in Attachment 8. ARTICLE 9: MISCELLANEOUS PERFORMANCE OBLIGATIONS 9.01 Compliance with Law. a. Compliance. Contractor will comply with all Applicable Laws, including securing and maintaining all Permits. No Performance Obligation may be construed to relieve Contractor of any obligations imposed by Applicable Law. If a Permit issued by KIB remains in effect after the expiration or termination of this Contract, Contractor nevertheless may not operate within KIB for collection of Solid Waste formerly collected under this Contract. THIS PROHIBITION WILL SURVIVE THE TERMINATION OF THIS CONTRACT and KIB may seek specific enforcement of this prohibition under Section 14.04. Promptly upon KIB request, Contractor will give KIB copies of Permits and documentation evidencing that Contractor is in compliance with its Permits. b. References. References in this Contract to particular provisions or requirements of Applicable Law may not be construed to limit Contractor's obligation to comply with all provisions of Applicable Law. Those references are intended to facilitate Contractor's satisfaction of its Performance Obligations and KIB's administration and specific enforcement of this Contract. Those references may not be construed to constitute lack of Contractor obligation to comply with other provisions or requirements of Applicable Law that are not specifically referred to or cited in this Contract. If any provision of this Contract is more stringent than Applicable Law, Contractor will comply with that provision. c. Fines and penalties. Contractor is solely liable for all fines and penalties that are imposed on Contractor or due to Contractor's actions, including fines and penalties that are the result of Contractor's Violation of Applicable Law (including Permits). Contractor will not seek reimbursement from KIB or any Customer for any fines or penalties. d. Contractual Obligations. Applicable Law is incorporated in this Contract by reference as if set forth fully in this Contract as contractual Performance Obligations of Contractor to KIB. If any Applicable Law is inconsistent with this Contract, the more stringent will apply. 1. Breaches. In addition to or in lieu of prosecuting violations of the KIB Code as misdemeanors, infractions, or other manner provided under the KIB Code, KIB may enforce Contractor's obligations under Applicable Law (including the KIB Code) in the same manner as it may enforce Contractor's other contractual obligations under this Contract (including specific COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK performance and as Breaches subject to cure under Section 14.01) whether or not noncompliance with those provisions of Applicable Law has become a Violation. Neither prosecution of Contractor for noncompliance with Applicable Law or enforcement of Applicable Law is a condition precedent to enforcing those Performance Obligations. In determining whether or not Contractor is in noncompliance with those provisions, the standard of proof applicable to breach of contract will apply. KIB has no obligation to enforce any Applicable Law. 2. Violation. Violation of Applicable Law is a Default subject to contest under Section 14.02. e. KIB's Protection of Public Safety, Health, and Welfare. Contractor acknowledges that KIB is authorized to make all necessary and reasonable rules and regulations regarding all aspects of MSW Management Services to protect the public's health, safety, and welfare. No provision in this Contract may be deemed to limit KIB's police power to take any action that KIB deems necessary or appropriate in its sole discretion to protect the public's safety, health, and welfare. f. Compliance with KIB Code. Contractor must comply with the KIB Code, subject to possible adjustments in Contractor Service Fee in the event of Changes in Law. Contractor warrants and represents that it is fully acquainted with the provisions of KIB Code. Contractor must pay Liquidated Damages with respect to non - compliance with specified provisions of the KIB Code, including failure to remedy any Violation of KIB Code within five days of the date of notice of Violation, and in the event of conviction of a Violation. 9.02 Personnel. a. Identification, Appearance, Conduct. Contractor will train and require each of its personnel to: (1) present a neat, tidy and orderly appearance, (uniforms and safety vests required), (2) conduct his or her self in a courteous manner, (3) refrain from using loud or profane language, (4) perform Collection as quietly as possible. b. No Gratuities. Contractor will not permit its personnel to demand or solicit, directly or indirectly, any additional compensation or gratuity from any Customer or member of the public. c. Compliance with OSHA. Receipt of a citation or failure -to -abate notice from the State Division of Occupational Safety and Health or other Regulatory Authority is a Breach. 9.03 Responsiveness to KIB. a. Phone calls. Contractor will return telephone calls from KIB to the individual who made that call no later than the next KIB Business Day. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK b. Meetings. Within one week of oral or written direction by KIB, Contractor will meet with KIB during KIB Office Hours at the offices directed by KIB. c. E- mails. Contractor will respond to all e -mails from KIB within 48 hours of receipt (except on weekends and Holidays). d. Written correspondence. Contractor will respond to written correspondence from KIB within one week of receipt or other time specified by KIB. ARTICLE 10: RECORDS AND REPORTING Contractor acknowledges KIB's right to review Records and receive reports, for reasons including: (1) enforcing Customers' rights; (2) evaluating Contractor's performance under and in compliance with this Contract; (3) exercising KIB's rights to perform, or cause a third Person to perform; Contractor's Performance Obligations in certain events, such as Defaults and Uncontrollable Circumstances; and (4) determining and corroborating the amount of any Contractor Payment Obligation. 10.01 Records. a. Maintenance. Contractor will keep accurate and complete Records. b. Preservation and Retention. Unless otherwise directed by KIB, Contractor will preserve and retain Records (other than Refuse Disposal Records or Delivery Data), such as Customer billing Records, for the following periods of time: (1) until at least 2 years after the Termination Date, or (2) any longer period required by Applicable Law. c. KIB Inspection and Audit. 1. Location. (i) KIB Offices. Upon 3 Service Days advance telephonic or written request by KIB, Contractor will use Reasonable Business Efforts to provide copies of Records to KIB and its designees for inspection, review or audit at KIB's offices. For example, Contractor might email or physically mail documents from a site outside KIB. (ii) Contractor Office or Service office within KIB. If Contractor cannot provide KIB with copies of Records within the notice period provided under subsection c.l.(i) using Reasonable Business Efforts, Contractor will make those Records available to KIB or its designees for inspection, review or audit at Contractor Office (or if Contractor's Office is not located within 25 miles of KIB's administrative offices, at a location within KIB) during Contractor Office Hours. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 2. Scope of inspection or audit: KIB may do any or all of the following: (i) inspect and review Records at any time following notice under subsection c.l.(i), or (ii) audit Records once each Contract Year, including verification of any of the following: (iii) Customer Special Service Surcharges that Contractor charged to and collected from Customers, (iv) any Contract Fees, (v) Solid Waste tonnage Collected, Processed, Diverted or Disposed, (vi) Collection Customer complaint logs, and (vii) other Records that confirm compliance with Performance Obligations. Promptly upon request, Contractor will provide KIB or its designees with any additional information (such as primary records supporting reports) relevant to this Contract. 10.02 Reporting. a. Annual. Contractor will submit a complete Annual Report to KIB no later than 45 days after the end of the Contract Year (or at direction of KIB, Calendar Year), for the preceding Contract Year (or Calendar Year). b. Additional Information. Promptly upon KIB request, Contractor will prepare interim Reports more frequently than annually and incorporate additional information into Reports. 10.03 Financial Records and Reports. a. Maintenance of Records. 1. Content. Contractor will maintain in Contractor Office accurate and complete financial Records of the following: (i) Customer receipts, (ii) payments to KIB (including Contractor Payment Obligations, such as any Contract Fee), (iii) costs and expenses associated with satisfying Performance Obligations, whether by Contractor or an Affiliate. Contractor may maintain financial Records associated with Goods or Services provided by an Affiliate in the office of the Affiliate but will provide KIB with a copy of those Records within 10 days of KIB request. 2. Form. Contractor will maintain its financial Records on an accrual basis and in accordance with Generally Accepted Accounting Principles showing the results of Contractor's operations under this Contract separately from other operations under other contracts or in other locations, as if Contractor were an independent entity providing service only to KIB. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ARTICLE 11: INDEMNITIES, INSURANCE, LETTER OF CREDIT 11.01 Insurance. a. Coverage Requirements. Without limiting its Indemnities, Contractor will secure and maintain insurance coverage meeting the requirements in this Section. KIB may require Contractor to secure and maintain larger amounts or types of coverage if it compensates Contractor the Direct Costs of the additional premium for that coverage under Article 12. Contractor may use a combination of primary and excess insurance coverage to satisfy these requirements. KIB may reduce insurance requirements if it determines that the reduction is in KIB's best interest. Each liability policy must provide contractual liability coverage for Contractor's Indemnities, including any necessary endorsement, schedule or other documentation. 1. General Liability Insurance. Written on ISO policy form CG 00 01 (occurrence) or its equivalent (and not CG 00 02 claims made) with limits of not less than the following: General Aggregate: $4 million Products /Completion Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million 2. Liability coverage for pollution conditions resulting from transported cargo. With a limit of not less than $2 million per occurrence covering loss (including cleanup costs) that the Contractor becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by environmental laws or incurred by federal, state, KIB or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. Contractor's general liability policy may be endorsed to provide for this pollution liability coverage. 3. Automobile Liability Coverage. Insurance meeting the following requirements: (i) Written on ISO policy forms CA 00 12 or CA 00 20 (or their equivalent) with a limit of liability not less than $2 million for each accident, (ii) endorsed to delete the pollution and /or the asbestos exclusion and include pollution liability (using form CA 99 48 or its equivalent) for accidental spills and discharges while transporting and /or processing materials, and (iii) covering all Vehicles that drive on public roads. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK If Contractor is subject to federal regulations, Contractor also will maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. 4. Workers' Compensation and Employers' Liability. Insurance providing the following: (i) Workers' compensation benefits required by Applicable Law (including the State Labor Code or by any other state labor law), and for which Contractor is responsible, and (ii) Employers' Liability coverage with limits of not less than the following: Each accident: Disease - policy limit: Disease - each employee: $1 million $1 million $1 million b. Insurer qualifications. Contractor will secure insurance provided by an insurer meeting the following qualifications: (1) is acceptable to KIB, (2) is an admitted company in State, (3) has a size category of VII or larger by A.M. Best Company, Inc., and (4) has a rating of A or better by A.M. Best Company, Inc. c. Insurance Coverage Requirements for Subcontractors. Contractor will insure each Subcontractor performing Contract Services or transportation of Solid Waste by providing evidence that either: (1) Contractor is maintaining insurance required by this Section covering the activities of the Subcontractor, or (2) the Subcontractor is maintaining that insurance itself. d. Evidence of Coverage. Contractor will provide COIs, endorsements, schedules and other evidence of insurance coverage requested by and acceptable to at KIB at the following times: (1) on or before the Contract Commencement Date, (2) with submission of each Annual Report, (3) promptly upon renewal of policies, and (4) within 10 days of KIB's request. i. Certificates of Insurance. Contractor will provide certificates (or other evidence of coverage) containing at a minimum, the following information with respect to Contractor and any Subcontractor: (a) Contract name: Explicitly identifying this Contract (for example, UNDER DESCRIPTION OF OPERATIONS), and if necessary to secure contractual liability coverage as an "insured contract" or otherwise, including a schedule or endorsement that specifically identifies this Contract; COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (b) Types, policy numbers, policy effective / expiration dates and limits: Explicitly reference each type and corresponding limit of coverage required under this Contract, together with the following: • policy numbers, • effective / expiration dates, and • identification of each required ISO policy form or confirmation of its equivalency to ISO policy forms required under this Contract (such as "auto liability ISO form CA 00 12 "). Where this Contract does not require a specific ISO policy form, the certificate of insurance must specifically reference the required type of coverage (such as "pollution liability" under TYPE OF INSURANCE — OTHER) together with a summary description of its coverage (such as "pollution conditions caused by transported cargo" under SPECIAL PROVISIONS); (c) 30 days' cancellation notice: Containing the express condition that KIB must be given written notice by mail at least 30 days in advance of cancellation for all policies evidenced on the certificate of insurance. Endorsements cannot contain mere "best effort" modifiers or relieve the insurer from its responsibility to give that notice and the CANCELLATION information on the certificate of insurance must delete language such as "failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives ". (d) Deductibles and self - insured retentions: Identifying any deductible and self - insured retention. Upon KIB request, Contractor will reduce any self - insured retention as it applies to KIB or provide a letter of credit, certificate of deposit or other financial assurance acceptable to KIB guaranteeing payment of all retained losses and related costs and expenses related to investigations, claims administrations, and legal defense. The letter of credit or certificate of deposit must be provided by a bank satisfactory to KIB; and (e) Claims made: If KIB waives the prohibition on procuring claims made policies and insurance coverage is written on a claims -made form, then evidence that the "retro date" is before the Contract Commencement Date. Contractor must maintain that coverage for at least 5 years after the Termination Date (or longer as required under this Contract). Promptly upon KIB request, Contractor must provide KIB with evidence of that coverage. THIS PROVISION SURVIVES THE TERMINATION OF THIS CONTRACT. ii. Endorsements: Contractor must provide copies of the following endorsements or other documentation with respect to Contractor and any Subcontractor satisfactory to KIB: (a) additional insured endorsement to each liability policy, explicitly adding KIB and its "officers, agents, and employees" as additional insured; (b) waiver of subrogation; (c) insurance is primary and not contributing with any other insurance or self - insurance programs maintained by KIB and its officers and employees; (d) excluding any "insured v. insured" clause in a liability policy with respect to KIB as an additional insured; and COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (e) providing dedicated limits under a liability policy in favor of KIB as an additional insured. iii. Schedules. Contractor must provide schedules or other evidence that liability policies of Contractor and any Subcontractor provide contractual liability coverage for Indemnities, such as listing this Contract as an "insured contract ". iv. Signature verification. At KIB's request, Contractor must provide documentation verifying that the individual signing or countersigning the certificates, policies, endorsements, or other evidence of coverage of Contractor and any Subcontractor is authorized to do so and identifies his or her company affiliation and title. KIB may require complete, certified copies of Contractor's insurance policies at any time. e. Notice of claims. If any Person makes a claim against Contractor or any Subcontractor exceeding the amount of any deductibles or self - insured retentions, Contractor will promptly notify KIB of the claim. f. Contractor accounting. Contractor will institute a comprehensive accounting system satisfactory to KIB to monitor all insurance requirements under this Contract, including those of each of its Subcontractors. g. Contractor compliance. Contractor will comply with all requirements of its insurance policies and insurers. 11.02 Contractor Indemnity, Defense and Release. a. General. To the extent allowable under Applicable Law, Contractor will (1) Indemnify and hold harmless, (2) defend with counsel approved by KIB, and (3) release KIB and KIB's Related Parties from and against all Liabilities and Losses paid, incurred or suffered by, or asserted against, KIB or KIB's Related Parties arising out of or in connection with this Contract, including in connection with any alleged failure of KIB or KIB's Related Parties to enforce provisions of this Contract or of Applicable Law. b. Indemnity During Term Only. Contractor's Indemnity is limited to Liabilities and Losses resulting from Contract Services provided by Contractor from the Contract Commencement Date through the Termination Date. However, CONTRACTOR' S OBLIGATIONS UNDER THIS SECTION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. c. Reimbursement of Enforcement Costs. If Contractor fails to pay any Indemnities and that failure results in any costs to KIB, within 15 days of KIB request, Contractor will pay KIB's Reimbursement Costs. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 11.03 Letter of Credit. Contractor will provide for the issuance of an irrevocable standby letter of credit (the "Letter of Credit ") for the benefit of KIB in form satisfactory to KIB by a financial institution (the "Bank ") having at least one of the following minimum ratings: (1) Moody's A2 or better LT Issuer Credit and B or better for Bank Financial Strength, (2) Standard and Poor's: A or better for LT Issuer Credit, (3) Bauer Financial: 4 Stars or better, (4) TheStreet.com Ratings: B or better: Contractor will provide for a letter of credit in the following amount (the "Stated Amount ") : (i) During the first Contract Year (or balance of the first Contract Year if less than 12 months), the amount of gross Contractor Service Fees projected by KIB for 4 months, (ii) During the second Contract Year, an amount equal to the following: (a) 110% of the average amount of gross Contractor Service Fees that Contractor received during any 4 months the first Contract Year, or (b) if the first Contract Year was less than 4 months, 110% of KIB's projection of the amount that Contractor would have received during 4 full months. (iii) During the third and following Contract Year(s), an amount equal to 110% of gross Contractor Service Fees that Contractor received during the prior Contract Year. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT. The form of the Letter of Credit, including the procedures and place of demand for payment and drawing certificate attached to the Letter of Credit, must be satisfactory to KIB. The Letter of Credit must be transferable to any successor or assign KIB. 11.04 Guaranty Agreement. Any Person that provided the basis of KIB's evaluation of the financial strength and creditworthiness of Contract in Contractor's proposal to KIB with respect to this Contract (or other Person identified by KIB), must be a legal, valid and binding Guaranty by that Affiliate as Guarantor, satisfactory to KIB. (6) KIB may draw on the Letter of Credit, in one or more drawings, in any of the following events as evidenced to the satisfaction of KIB: (i) a Default, or (ii) Contractor is unable to regularly pay its bills as they become due, or (iii) Contractor fails to timely pay any Solid Waste Management Facility, fuel supplier or employee; or (iv) Contractor fails to pay an Insurance deductible or self- insured retention. (7) The Letter of Credit may expire no earlier than the date on which the Bank receives a certificate from KIB stating the following: (i) this Contract has expired, or (ii) this Contract has been terminated for a period of 180 days or other preference period provided under Applicable Law with respect to bankruptcy or insolvency, or (iii) Contractor has substituted an alternative letter of credit or other security document acceptable to KIB in KIB's sole discretion, and (iv) Contractor does not owe KIB any money. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 11.05 Assurance of Performance. In its sole discretion and in addition to all other remedies it may have, KIB may demand from Contractor reasonable assurances of full satisfaction of Performance Obligations by a specified date, in any or all of the following events: (1) Labor unrest: Contractor is the subject of any labor unrest (including work stoppage or slowdown, sick -out, picketing, lock -out or other concerted job action) in excess of 6 days. , (2) unable to pay bills: Contractor appears in the judgment of KIB to be unable to regularly pay its bills as they become due, including failure to time pay the following: (i) with respect to a Contractor, a tipping fee at any Solid Waste Management Facility, (ii) any Insurance deductibles or self insured retention, (iii) any employee's wages, and (iv) non - payment of any other bill for over 60 days; or (3) monetary judgments: Contractor is the subject of fines, penalties, or civil or criminal judgment or order entered by a Regulatory Authority, which judgment is in excess of the past 3 months' Contractor Service Fees or requires estimated expenditure by Contractor in excess of those 3 months' Contractor Service Fees. ARTICLE 12: CHANGE IN SCOPE OF SERVICE 12.01 Change in Performance Obligations. a. At KIB Direction. KIB may direct Contractor to implement a change of Performance Obligations in the Contract Service Area following: (1) request for, submission of and review of Contractor's proposal under Section 12.02a -c, and (2) agreement of the Parties or determination of the Independent Expert under Section 12.02d. Contractor will submit its proposal within 10 KIB Business Days of receiving KIB's request for proposal (or a longer period that KIB may designate in light of the complexity or magnitude of the directed change). b. Upon Contractor Proposal. Contractor may propose to KIB a change in the scope of Contract Services under Section 12.02, such as the following: (1) new developments in collection technologies that would improve Contract Service efficiency and reduce the Contractor Service Fee, pollution or environmental impact; (2) a program that would increase Diversion; and (3) changes in operations necessitated by a Change in Law. 12.02 Proposal. a. Contents. In its proposal Contractor must describe its detailed plan for implementing the requested or proposed change, including the following: (1) a task list and time -line implementation schedule, (2) Goods or Services (including any Subcontractor) necessary to implement the change, and (3) any change in Contractor Service Fee and cost substantiation therefore, including Contractor's changes in Direct Costs (taking into account both incremental Direct Costs COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK c. Review. and savings offsets) such as: (i) modifying Vehicle(s); (ii) adding Receptacle(s), Vehicle(s) or routes; (iii) shortening or extending route time; (iv) laying off or supplementing labor; and (v) increasing transportation distance or time to a Solid Waste Management Facility. KIB may withdraw the request for proposal at any time, for any reason, including receipt of a proposal from Contractor unsatisfactory to KIB. Contractor will include documentation supporting its proposal satisfactory to KIB. b. Offer. Contractor's proposal will be deemed Contractor's offer to KIB to implement the directed or proposed change. Contractor's proposal will remain binding for at least 30 days from the date submitted to KIB. (1) Response /Comments. Within 20 KIB Business Days of receiving Contractor's proposal, KIB may review, approve, or disapprove the proposal and comment on it. If KIB does not respond within that time, its approval will be deemed denied. If Contractor's proposal includes a request for change in the Contractor Service Fee that must be approved by the Assembly, KIB may review, approve or disapprove the proposal within 45 days. (2) Acceptance of Comments. Contractor will accept or reject any comments within 15 KIB Business Days of receiving them. If Contractor accepts the comments, KIB will prepare amendments to this Contract that will implement the proposal, satisfactory to Contractor. (3) Rejection of Comments / Negotiations. If Contractor rejects KIB's comments, the Parties will negotiate in good faith for a period of at least 15 KIB Business Days following Contractor's receipt of KIB comments. d. Failure to agree. (1) KIB- directed change. If the Parties cannot reach agreement on a proposal directed by KIB by the end of those 15 KIB Business Days, KIB may take either of the following actions: (i) implement the change itself or through another Person, or (ii) request binding dispute resolution by the Independent Expert. (2) Contractor - initiated proposal ... Changes in Law. If the Parties cannot reach agreement on a proposal initiated by Contractor by the end of those 15 KIB Business Days of negotiation, the proposal is deemed rejected and this Contract will not be COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK a. Selection amended except that if Parties cannot reach agreement on a proposal initiated by Contractor due to a Change in Law, Contractor may request binding dispute resolution by the Independent Expert under Section 12.03d. 12.03 Independent Expert (1) Exchange of lists. Following the Contract Commencement Date, Parties will expeditiously select an Independent Expert to keep on retainer in the event the Parties wish to settle disagreement over Contractor's proposal described in Section 12.02, in the selection manner described in this subsection a.(1). If the Person selected as Independent Expert resigns or can no longer serve in capacity as Independent Expert (for example, if he or she subsequently works for either Party, creating conflicts), within 5 days of either Party's request for dispute resolution, Contractor and KIB will to the following: (i) prepare 2 lists (one each) of 5 independent Persons having experience in MSW Management Services as applicable in the Parties' dispute (such as automated collection in carts), in numerical order with the first preference at the top, and (ii) exchange and compare lists. The Person having the lowest total rank order position on the 2 lists will be the Independent Expert. In case of a tie in scores, the Person having the smallest difference between the rankings of the 2 parties will be selected; other ties will be determined by a coin toss. If no Person appears on both lists, Parties will repeat this procedure within the next 5 days. b. Costs. Parties will share the Independent Expert's costs and fees equally. c. Communications with Independent Expert. Neither Party will communicate orally with the Independent Expert unless the other Party is privy thereto. Neither Party will communicate in writing with the Independent Expert unless it simultaneously sends copies of that communication to the other Party. d. Determination Protocol (1) In addition to KIB's or Contractor's request for binding dispute resolution under Section 12.01d., either Party may request non - binding dispute resolution on any matter relating to Contract Services or, upon agreement of the other Party, binding dispute resolution. (2) Selection by experts. If selection is not completed after the exchange of 2 lists or 10 days, whichever comes first, then each Party will promptly select one expert having experience described above and within 5 days of selection, the 2 experts will together select an Independent Expert. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (2) The Party requesting dispute resolution will give the other Party and the Independent Expert a description of the disagreement and that Party's position thereon. (3) Within 10 days, the other Party may give the Party seeking dispute resolution and the Independent Expert a description of its position. (4) The Independent Expert may make one request for additional information and documentation before the later of the following times: (i) 10 days after receiving the request for dispute resolution, or (ii) After receiving both Parties' description of their respective positions. (5) Promptly upon request by the Independent Expert, either or both Parties will provide the Independent Expert with additional information and documentation and simultaneously provide the other Party with copies thereof. (6) Within 25 days of receiving a request for dispute resolution, the Independent Expert will make its determination based on the submissions of the Parties, the provisions of this Contract, its experience with similar services and disagreements, and other factual determinations it may make regarding the Parties' disagreement over the proposal. (7) The determination is binding on the Parties, unless the Parties agree otherwise. e. Exercise of remedies. Pending the Independent Expert's determination, the Parties may exercise any remedies they have under this Contract or Applicable Law. ARTICLE 13: CONTRACTOR SERVICE FEE, CUSTOMER SPECIAL SERVICE SURCHARGES 13.01 Contractor Service Fee. Contractor may charge Contractor Service Fees to Customers as compensation for providing Contract Services in compliance with all Performance Obligations. The Contractor Service Fee will not change except under Section 13.03. 13.02 Inclusiveness. The Contractor Service Fee includes all Contractor's direct costs, indirect costs, plus profit or return of investment for providing Contract Services, including the following: (1) labor (including wages and fringe benefits), including drivers, Customer service personnel, supervisors, and administrators, (2) acquisition, repair and maintenance of Contract Service Assets (including buildings and grounds, and Vehicles), (3) tools and supplies, (4) fuel and utilities, (5) Insurance premiums and fees for the Letter of Credit or any further assurance of performance, (6) taxes, (7) securing and maintaining Permits and complying with Applicable Law, (8) fines and penalties for violation of Permits or Applicable Law, (9) handling Unpermitted Waste discovered in Solid Waste, including disposal thereof as required by Applicable Law, (10) negligence or misconduct, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (11) fees imposed by Regulatory Agencies, including any Contract Fee, (12) fees charged by Solid Waste Management Facilities (such as tipping fees at KIB Landfill, and (13) any other cost of providing Contract Services not explicitly compensated by surcharge to Customer or charge to KIB. Contractor Service Fee is not adjusted for changes in these costs, except under Section 13.03. Reference in this Contract to providing Contract Services "without surcharge" or similar language does not infer that absence those words, "without surcharge ", elsewhere in this Contract, means that Contractor is entitled to either of the following: (a) compensation in addition to the Contractor Service Fee listed on the Contractor Service Fee Schedule; or (b) reimbursement of Direct Costs or Contractor's Reimbursement Costs. 13.03 Adjustment of Contractor Service Fee. a. Adjustment events and timing. The Contractor Service Fee will be adjusted at the following times: (i) upon Contractor's request submitted to KIB at least 60 days in advance of implementation, or (ii) upon direction of KIB, in its sole discretion. Between April 1 and April 15 of each Contract Year, Contractor will prepare a statement setting forth Contractor's detailed calculation of Contractor's requested annual adjustment in Contractor Service Fee in the form of the following examples or other format prescribed by KIB. Contractor's statement is for convenience of KIB, but is not binding on KIB. KIB may make corrections or adjustments to that statement. Subsection d contains a sample adjustment calculation. (1) Annual Adjustment. On July 1 in the second full Calendar Year of the Term and each following July 1, the Contractor Service Fee will be adjusted to equal the following: (01) the Contractor Service Fee in effect during the prior Contract Year (or portion of that Contract Year), plus or minus (02) the Weighted Adjustment Percentage times that Contractor Service Fee. (i) Weighted Adjustment Percentage. "Weighted Adjustment Percentage" means the sum of the following three portions of the Contractor Service Fee: A. X% Operations Portion: Annual changes in the CPI. 31% of the Contractor Service Fee for the 32 gallon cart service will be adjusted by 75% of the average 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. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK "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. XX% Fuel Portion: Annual changes in the PPI. 7.5% o of the Contractor Service Fee for the 32 gallon cart 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. Tipping Fee Portion: XX% Refuse Disposal Tipping Fee: Change in tipping fee. 34% of the Contractor Service Fee for the will be adjusted by 100% of the change, if any, in tipping fees charged Contractor at KIB Landfill. following table details the rate service: and the of each for the 32 gallon cart service 2. Adjustment for changes in operations (such as changes in Performance Obligations due to Changes in Law). As soon as possible following agreement of the Parties under Article 12, the Contractor Service Fee will be adjusted for a change in Contractor's Direct Costs of providing Contract Services due to changes in Performance Obligations. To the extent permitted by Applicable Law, an adjustment will reflect Contractor's costs from the date incurred. The Contractor Service Fee will not otherwise be adjusted, including for actual changes in the price of fuel. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK 32 gal 64 gal 96 gal Cart Cost Components $ % of rate $ % of rate $' % of rate Cart rental $4.34 15.0 % $4.34 12.7% $4.34 11.3% Collection & Admin Costs $8.91 30.8% $8.91 26.1% $8.91 23.3% Fuel $2.17 7.5% $2.17 6.4% $2.17 5.7% Depreciation / Lease Cost $1.57 5.4% $1.57 4.6% $1.57 4.1% Profit $2.16 7.5% $2.16 6.3% $2.16 5.6% Disposal Cost (Pass Through) $9.74 33.7% $14.94 43.8% $19.16 50.0% Total Cart Collection Rate $28.90 100.0% $34.09 1' 00.0% $38.31 100.0% "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. XX% Fuel Portion: Annual changes in the PPI. 7.5% o of the Contractor Service Fee for the 32 gallon cart 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. Tipping Fee Portion: XX% Refuse Disposal Tipping Fee: Change in tipping fee. 34% of the Contractor Service Fee for the will be adjusted by 100% of the change, if any, in tipping fees charged Contractor at KIB Landfill. following table details the rate service: and the of each for the 32 gallon cart service 2. Adjustment for changes in operations (such as changes in Performance Obligations due to Changes in Law). As soon as possible following agreement of the Parties under Article 12, the Contractor Service Fee will be adjusted for a change in Contractor's Direct Costs of providing Contract Services due to changes in Performance Obligations. To the extent permitted by Applicable Law, an adjustment will reflect Contractor's costs from the date incurred. The Contractor Service Fee will not otherwise be adjusted, including for actual changes in the price of fuel. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK Tipping fee charges on Contract $150.00 Commencement Date or last prior adjustment date April 1, 2008 - March 31 2009 p Tipping fee charges on adjustment date $5.00 Percent change 3.4% Calculation of change in PPI (12 -month average, not month-to-month) April 1, 2007 - March 31, 2008 262.6 April 1, 2008 - March 31 2009 p 285.6 Percent Change 23.0% Portion of % change 75% 17.25% Calculation of % change in CPI (12 -month average, not month-to-month) April 1, 2007 - March 31, 2008 189.5 April 1, - March 31 2009 p 191.7 Percent Change 2.2% not more than 5%) Portion of % change 75 %° 1.65% b. Rounding. (1) Calculations. Interim calculations less than 0.5 must be rounded down and 0.5 or greater, up. (2) Dollars. Final adjustment in Contractor Service Fee must be rounded to nearest penny. c. Preconditions to adjustment. The Contactor Service Fee will not be adjusted upwards if either of the following has occurred and remains uncured: (1) Breach, or (2) Default. 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. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK Contractor Service Fee Portion of Contractor Service Fee Adjustment due to change in indices/ tipping fees pp g Weighted Adjustment J Percentage Service Portion 31% 1. 5% ( CPI) 0.51% Fuel Portion 7.5% 17.25% (PPI) 01.29% Tipping Fees Portion pp g 34 % 3.4% 1.16 % Weighted Adjustment g J Percentage 3.41% 4. Weighted Adl ustment Percentage. 5. Adjusted Contractor Service Fee. If the Weighted Adjustment Percentage is 3.41 percent then a hypothetical Contractor Service Fee of $28.90 would be adjusted as follows: $28.90 + [0341 X $28.90] _ $0.99 (to the nearest nickel) $29.90= adjusted Contractor Service Fee ARTICLE 14: BREACHES, DEFAULTS AND REMEDIES. KIB may enforce this Contract and exercise its remedies under this Contract in its sole discretion. 14.01 Certain Breaches; Liquidated Damages and Specific Compensatory Damages. a. Notice. If KIB determines that Contractor is in Breach, KIB may assess Compensatory Damages or Liquidated Damages after giving Notice to Contractor identifying and describing the Breach. Contractor will pay those Damages within 20 days of receiving that Notice. b. Dispute. Contractor may dispute the assessment of Compensatory Damages or Liquidated Damages by Notice to KIB within 20 days of receiving the Notice of assessment, but will pay assessed Compensatory Damages or Liquidated Damages pending resolution of its dispute. In that Notice of dispute, Contractor must describe the basis for its dispute and include relevant documentation. The chief administrator of KIB or his or her designee will review the Notice of dispute and make a determination as soon as practicable. His or her determination will be final. If he or she determines that KIB should not have assessed all or a portion of the Compensatory Damages or Liquidated Damages, KIB will return all or a portion of the Compensatory Damages or Liquidated Damages to Contractor. Contractor acknowledges that Compensatory Damages and Liquidated Damages do not constitute fines and penalties imposed by KIB as a governmental or regulatory entity, but as a contracting party. c. Liquidated Damages: Acknowledgement, Agreement and Confirmation. The Parties make the following acknowledgments: COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK (1) KIB incurred considerable time and expense negotiating this Contract to secure an improved level of collection service quality, increased Diversion and increased Customer satisfaction. Therefore consistent and reliable Contract Services are of utmost importance to KIB and Customers. (2) In awarding this Contract to Contractor, KIB considered and relied on Contractor's municipal references, experience, qualifications, and reputation as to service quality, and Contractor's Breach represents a loss of bargain to KIB. (3) Quantified standards of performance are necessary and appropriate to ensure consistent and reliable Contract Service, and if Contractor fails to meet Performance Obligations, KIB will suffer damages in subjective ways and in varying degrees of intensity that are incapable of measurement in precise monetary terms, including: (i) Customers' inconvenience; (ii) anxiety, frustration and potential political pressure; (iii)criticism and complaint by Customers; (iv)loss of KIB Governing Body members' and staff time; and (v) deprivation of the benefits of this Contract and loss of bargain. It is and will be impracticable and extremely difficult to ascertain and determine the value of those damages. (4) In the event of Breach or Default, urgency of protecting public health and safety may necessitate that KIB enter into emergency or shorter arrangements for services without competitive procurement at prices substantial greater than under this Contract, and the monetary loss resulting there from is impossible to precisely quantify. (5) Termination of this Contract for Default and other remedies provided in this Contract are, at best, a means of future correction and not remedies that make KIB whole for past Breaches. Therefore, the Parties agree that Liquidated Damages represent a reasonable estimate of the amount of damages, considering all of the circumstances existing on the Contract Commencement Date, including the relationship of the sums to the range of harm to KIB that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Contract, each Party specifically confirms the accuracy of the acknowledgements and agreements made in this Section and the fact that each Party had ample opportunity to COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Contract was made. KODIAK ISLAND BOROUGH, ALASKA, a political subdivision By: Name: Rick L. Gifford Title: Manager Dated: Attest: By Nova M. Javier, CMC Borough Clerk ALASKA PACIFIC ENVIRONMENTAL SERVICE, LLC By: Name: Jeff Riley Title: Chief Operation Officer Dated: COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK SECTION BREACH LIQUIDATED DAMAGE 9.03 failure to timely respond to KIB call in emergency $500 for each 6 hours of failure 9.03 failure to return KIB calls $500 for each breach over 1 time per month 9.03 failure to meet with KIB $500 for each breach over 1 time per Contract Year 9.03 failure to remedy any Violation of KIB Code within 5 days notice of Violation $250 per instance 9.03 conviction of Violation under KIB Code $2,500 per instance 10.02 failure to submit complete Report to KIB $500 per failure / per day until complete report delivered Records, Reports, proposals, Etc. failure to timely submit any documentation to KIB in form and at time required $100 per failure / per document / per day 13.01 Contractor charging any Customer more than the applicable Customer Special Service Surcharge $250 per Contractor / each Customer failure to secure satisfaction of KIB, obtain any consent or approval of KIB, or to give Notice to KIB when required $250 per failure / per day until approval obtained or Contractor ceases action, retracts misinformation or otherwise remedies failure to satisfaction of KIB In the following table, Sections listed under SECTION column describe Performance Obligations (including timeliness) to which the liquidated damages apply. Language listed under BREACH column summarizes those obligations for ease of Contract administration and enforcement, but breach is determined by (non)compliance with the referenced Section of this Contract or the KIB Code. Liquidated Damages in the following chart apply to each Breach, each day: the first occurrence and continuation on successive days. For example, failure to correct a missed pickup would result in liquidated damages on the day of the scheduled pickup and each following day until corrected. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK d. Compensatory Damages. If Contractor fails to deliver any type of Solid Waste to a facility approved by KIB (such as a recyclables processing facility in connection with any recyclables collection program that may be established), then in addition to assessing Liquidated Damages, KIB may in its sole discretion assess the following Compensatory Damages, and Contractor will pay KIB the following Compensatory Damages: (1) KIB's Reimbursement Costs to monitor Contractor's compliance with delivery Performance Obligations, including individuals following Collection Vehicles on Collection routes; and (2) KIB's Reimbursement Cost of enforcing or securing specific performance of Contractor's delivery obligation. 14.02 Defaults. Each act or omission described in this Section constitutes a material Breach ( "Default ") under this Contract: a. Contract Service Defaults: (1) Uncured Breach: Contractor Breaches this Contract; and (i) KIB Notifies the Contractor that an identified Breach has occurred; and (ii) Contractor does not correct that Breach within 20 days of receiving KIB's Notice. If Contractor believes that it cannot cure the Breach within 20 days, Contractor A. may Notify KIB within 5 days of receiving KIB's Notice, explaining why Contractor believes it needs additional time to effectuate a cure and proposing schedule for cure, and B. will diligently proceed to cure the breach within that schedule and report to KIB on schedule implementation at the times or frequencies requested by KIB. KIB, in its sole discretion, may take any of the following acts: C. accept Contractor's proposed schedule of cure, or D. make a written demand that Contractor cure the Breach within an alternative time period set by KIB, or E. exercise any remedies under this Contract, including terminating this Contract at the end of the 20 day period. (2) Repeated Breach. Contractor repeatedly or habitually Breaches this Contract, as determined in the sole discretion of KIB. (3) Contract Service failures. Contractor fails to Collect the following percent or number of pickups (regularly scheduled or by appointment) at Customer's Set- Out Sites (subject to Contract Service Exceptions): (i) 100 or more for more than 7 consecutive days, (ii) 500 or more during a 12 -month period; KIB does not have to wait until the end of the 12 -month period to declare this Default, or COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (iii) at least 99.5% of pickups scheduled for a day, for more than 10 cumulative days over the Term. (4) Failure to comply with Applicable Law. (i) Violation A. Material. Contractor does not cure any material Violation of Applicable Law to the satisfaction of KIB or applicable Regulatory Authority within 30 days of the notice, assessment, or determination of that Violation of Applicable Law; or B. Repeated. In KIB' s judgment, Contractor repeatedly receives a notice, assessment or determination of the same or different Violation. (ii) Contests. If Contractor is entitled to contest and in good faith does contest a notice, assessment, or determination of Violation of Applicable Law, no Default will be deemed to have occurred until a final decision adverse to Contractor is entered. (5) Criminal activity. Contractor fails to effectuate cures or to timely terminate and /or replace any Contract Manager under Section 15.02. (6) Failure to timely pay Contractor Payment Obligation. Contractor fails to pay any Contractor Payment Obligation within 15 days of the date it is due and payable. ( ( Charging more than amounts listed in Contractor Service Fee Schedule. Contractor charges any Customer more than the scheduled Customer Special Service Surcharge listed in the Service Schedule and does not reimburse the excess within 30 days of Contractor's discovery thereof, KIB notice or Customer request. Failure to allow KIB to perform Contract Services. Contractor fails to timely allow KIB to exercise any of KIB's rights in connection with performing Contract Services under Section 14.09. b. Performance Assurance Defaults. (1) Failure to provide Performance Assurance. Contractor fails to provide any Performance Assurance. (2) Seizure, attachment. Any Contract Service Asset is seized, attached or levied upon (other than a pre judgment attachment) so as to substantially impair Contractor's ability to timely and fully perform Contract Services, and which cannot be released, bonded or otherwise lifted within 48 hours, excepting weekends and Holidays. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (3) Insolvency, bankruptcy, liquidation. (i) Contractor: A. files a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, unless Contractor retains full control of Contract Service Assets throughout the pendency of that claim, or B. consents to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of Contract Service Assets no longer used to provide Contract Services or backup Contract Services), trustee (other than as security of an obligation under a deed of trust), custodian, sequestration, administrator (or similar official) of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or C. makes any general assignment for the benefit of Contractor's creditors, or D. fails generally to pay Contractor's debts as they become due, or E. takes any action in furtherance of any of the foregoing. (ii) A. A court having jurisdiction enters a decree or order for relief in respect of this Contract, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or B. Contractor consents to or fails to oppose any similar proceeding, or C. any court having jurisdiction enters a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, administrator (or similar official) of Contractor or for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor. (4) Default under Guaranty. The occurrence of any default under the Guaranty. (5) Transfer. Contractor makes a Transfer without KIB consent required by Section 16.01. (6) Subcontract. Contractor engages a Subcontractor or enters into a Subcontract without KIB consent under Section 17.10, and does not terminate that Subcontract within 15 KIB Business Days of KIB Notice. c. False Representations; Breach of Warranties. (1) Under this Contract. (i) Contractor makes a representation or certification in or under this Contract, including Attachment 2.01, which Contractor knows, or in the course of diligently conducting business and providing Contract Services should have known, is untrue on the date Contractor made it. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 14.03 Breaches and Defaults Excused. a. Uncontrollable Circumstance/ prevention and mitigation. To the extent that any Default is due to an Uncontrollable Circumstance, Contractor will not be deemed in Default for Breach of its Performance Obligations under the following Sections: (1) Section 14.02a1 and 2 (Uncured Breach; Repeated Breach), except to the extent that a Breach constitutes a Default otherwise itemized in Section 14.02a3 -8 or b, or; (2) Section 14.02a3 (Failure to Collect). fContractor exerted the following best efforts: (i) to prevent the Breach, and; (ii to mitigate the effects of the Uncontrollable Circumstance. For example, if Contractor Breaches the Contract by failing to provide Insurance, which Breach constitutes a specific Default under Section 14.02b(1), that Breach is not excused by an Uncontrollable Circumstance. b. Contractor Notice of Uncontrollable Circumstance. Contractor will give immediate Notice of an Uncontrollable Circumstance to KIB, including: (1) describing the Breach for which Contractor seeks to be excused; (2) the expected duration of the Uncontrollable Circumstance; (3) the extent to which Contractor may curtail Contract Services; (4) any requests or suggestions to mitigate the adverse effects of the Uncontrollable Circumstance. c. KIB's Rights. (ii) Contractor breaches a warranty under this Contract. (2) As inducement to enter into this Contract. Contractor makes a representation or fails to make a disclosure, whether within this Contract or otherwise, to KIB in connection with or as a material inducement to entering into this Contract or any future amendment to this Contract, which representation or failed disclosure is false or misleading in any material respect when made. (1) Perform Contract Services. Notwithstanding that a Breach due to Uncontrollable Circumstances does not constitute a Default, after the continuance of the Breach for 48 hours, in its sole discretion, KIB may nevertheless perform (or cause to be performed) Contract Services in the Contract Service Area itself under Section 14.09. (2) Exercise other remedies. After the continuance of any Breach for 30 days, KIB may, in its sole discretion, exercise any other remedy under this Contract, including suspending or terminating this Contract under Section 15.01. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 14.04 Remedies. a. As provided by law. Either Party may exercise any and all remedies available under law or equity for the other Party's breach of this Contract. A Party's exercise of any one remedy, including KIB's assessing Liquidated Damages or Compensatory Damages, is not an election of remedies but is cumulative with any other available remedies. b. KIB's additional remedies. In addition to exercising any remedy available under law or equity, upon occurrence of a Default, KIB in its sole discretion may exercise any or all of the following additional remedies: (1) Termination. Terminate this Contract or any portion of Performance Obligations under Section 15.01a; (2) Suspension. Suspend this Contract or any portion of Performance Obligations under by Section 15.O1b; (3) Perform Contract Services. Perform Performance Obligations under Section 14.09; (4) Injunctive Relief / Damages. Seek to obtain injunctive relief and /or damages; (5) Damages. Assess Liquidated Damages, Compensatory Damages and any other damages under law, and; (6) Financial Assurances. Draw on the Letter of Credit, demand payment under the Guaranty or any Indemnity, or submit any claim under Insurance. c. Injunctive relief. Contractor acknowledges that KIB's remedy of damages for Breach or Default may be inadequate for reasons including the following: (1) public health and safety. The urgency of timely, continuous and high - quality Contract Services, including Collection, transportation and /or transfer and Disposal of putrescible solid wastes that constitute a threat to public health; (2) procurement time and expense. The long time and significant investment of money and personnel (including KIB's staff, elected officials and KIB Counsel, as well as procurement counsel and consultants) required to do the following: (i) develop a scope of Contract Services and Performance Obligations acceptable to KIB, (ii) draft this Contract and related procurement documents, (iii) solicit comments on this Contract and procurement documents from KIB (and KIB Counsel) and Persons interested in proposing to provide Contract Services, (iv) meet with those potential proposers to discuss their comments and answer their questions about this Contract and the procurement, (v) finalize this Contract and procurement documents, (vi) solicit proposals for Contract Services, (vii) review and evaluate those proposals and seek clarifications of those proposals, (viii) award this Contract under KIB's Applicable Law, (ix) finalize execution of this Contract, including reviewing, commenting on and approving (if required) Contractor Documentation, and, (x) conform KIB Code to the new automated Refuse Collection programs; and COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Consequently, KIB is entitled to all available equitable remedies, including injunctive relief. d. Contractor Payment Obligations. KIB may collect Contractor Payment Obligations due and owing by Contractor to KIB by any or all of the following means: (1) demanding payment from Contractor or Guarantor, (2) drawing on the Letter of Credit, (3) submitting claims as an additional insured under Insurance policies or under contractual liability provisions of Insurance policies, and (4) directing Contractor to offset Contractor Payment Obligation from Contractor Service Fees that Contractor received from Customers to remit them to KIB. (3) reliance on Contractor. KIB's reliance on Contractor's meeting evaluative criteria on which award of this Contract was based, such as the following: (i) solid waste management experience, (ii) KIB references, (iii) qualifications of key personnel, (iv) environmental programs and proposed Unpermitted Waste Screening Protocol, (v) litigation history, (vi) Contractor's proposed transition, Customer education, diversion and other plans, (vii) acceptance of terms of this Contract, and (viii) Diversion record. (4) re- procurement time and expense. The length and significant investment of time and money described in item (2) to develop alternative MSW Management Services comparable to Contract Services for the price provided under this Contract, and to negotiate new agreements therefore. 14.05 Additional Compensatory Damages. Without limiting KIB's rights to seek Compensatory Damages under Section 14.01 or law, KIB may seek the following compensatory damages: (1) Amounts equal to any Contractor Payment Obligations or other amounts that Contractor has previously paid to KIB but are subsequently recovered from KIB by a trustee in bankruptcy as preferential payments or otherwise; (2) If KIB terminates this Contract for Default, KIB's Reimbursement Costs to provide or re- procure MSW Management Services in lieu of Contract Services; and (3) If KIB terminates this Contract for Default, KIB's projected Direct Costs of replacing MSW Management Services in excess of Contractor Service Compensation for the balance of the Term remaining if this Contract had not been terminated, as based on service fees under replacement agreements for those MSW Management Services. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT FOR 180 DAYS OR OTHER PREFERENCE PERIOD PROVIDED UNDER APPLICABLE LAW COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK WITH RESPECT TO BANKRUPTCY OR INSOLVENCY. KIB may draw upon the Letter of Credit, Guaranty or any other available Performance Assurance to pay compensatory damages. 14.06 Waivers. a. Waiver of Breach. No waiver of any Breach or Default constitutes a waiver of any other Breach or Default. Failure of KIB to enforce any provision of this Contract may not be construed as a waiver of KIB's enforcement rights. KIB's subsequent acceptance of any damages or other money paid by Contractor may not be deemed to be a waiver by KIB of any pre- existing or concurrent Breach or Default. b. Contractor Waiver of Certain Defenses. Contractor acknowledges that it is solely responsible for providing Contract Services and by this Contract irrevocably and unconditional waives defenses to the payment and performance of its obligations under this Contract based on failure of consideration; contract of adhesion; impossibility or impracticability of performance; commercial frustration of purpose; or the existence, non - existence, occurrence or non- occurrence of any foreseen or unforeseen fact, event or contingency that may be a basic assumption of Contractor with regard to any provision of this Contract; provided that Contractor does not by this Contract waive any defenses under this Contract of Uncontrollable Circumstances. 14.07 Jurisdiction; Venue, Costs. a. Jurisdiction. Parties will bring any lawsuit arising out of this Contract in State courts, which will have exclusive jurisdiction over those lawsuits. Each Party consents to jurisdiction over its person and over the subject matter of any litigation in those courts and to service of process issued by those courts to the Parties at their addresses for Notice. b. Venue. Venue is made in and will be performed in courts sitting in Anchorage, AK, to the extent permitted by Applicable Law. Parties further agree that the site of any other hearing or action, whether arbitration or non judicial, of whatever nature or kind regarding this Contract, will be conducted in Kodiak, AK. c. Costs. The non - prevailing Party in any dispute involving this Contract will pay the prevailing Party's Reimbursement Costs. 14.08 Enforcement Costs. Contractor will reimburse KIB promptly upon request for either or both of the following KIB's Reimbursement Costs: (1) investigating any alleged Breach, or (2) incurred by KIB as a consequence of a Breach. 14.09 KIB Right to Perform. a. Events. KIB may perform, or providing for the performance of, any or all Performance Obligations (such as Collection or transportation and delivery of Refuse to KIB Landfill) upon COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK the occurrence of either of the following events determined by KIB in its sole discretion: (1) Failure to Collect or Dispose for 48 hours. (i) Contractor, due to Uncontrollable Circumstances or for any reason whatsoever, fails, refuses or is unable to Collect any Solid Waste and transport it to KIB Landfill (or other KIB- approved Facility) for a period of 48 hours after the Collection or acceptance was required under this Contract, and (ii) KIB determines in its sole discretion that there is a danger to the public health, safety or welfare; or (2) Suspension or termination of Contract. KIB suspends or terminates all or a portion of this Contract. b. Continuation. KIB has no obligation to continue performing or providing for the performance of any or all Performance Obligations and may at any time, in its sole discretion, cease to provide any or all Performance Obligation. However, KIB's right to perform or provide for the performance of any or all Performance Obligations will continue until either of the following: (1) Resumption of Service. Contractor can demonstrate to KIB's satisfaction that Contractor is ready, willing and able to resume timely and full performance of all Performance Obligations, or (2) Alternative service arrangements. KIB can make alternative arrangements for providing MSW Management Services, in its judgment comparable to Contract Services in scope and price, which may include contracting with another service provider. c. Notice. KIB may give Contractor 24 hour oral notice that KIB is exercising any or all of KIB's rights under this Section. The oral notice will be effective immediately, but to remain effective, within another 24 hours KIB must confirm that oral notice with a Notice (which is in writing) . d. Service Assets. (1) Possessory interest. KIB may take possessory interest in any or all Contract Service Assets necessary or convenient in performing or providing for the performance of Performance Obligations relating to Collection, and Contractor will fully cooperate with KIB to transfer possessory interest in those Contract Service Assets to KIB. Customers' possession of Carts will be deemed possession by KIB if necessary to exercise this right. KIB may use those Contract Service Assets to provide all or a portion of those Contract Services. It will have absolute and exclusive control over those Contract Service Assets as though it was the absolute owner thereof and assume complete responsibility for use of those Contract Service Assets while those Contract Service Assets are in KIB's possession. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (2) Maintenance. At KIB's request, Contractor will keep those Contract Service Assets in good repair and maintenance (including fully fueled and oiled,) or pay KIB's Direct Costs of repair and maintenance. Subject to repair and maintenance performed by Contractor, KIB will do the following: (i) maintain those Contract Service Assets in the same condition as they were in when Contractor transferred their possession to KIB; and (ii) return those Contract Service Assets to Contractor in the same condition as received, normal wear and tear excepted. (3) Insurance. Contractor will maintain in full force and effect all Insurance during KIB's use of Contract Service Assets. By granting KIB the right to possession and use of Contract Service Assets, Contractor declares as follows: (i) KIB or KIB's personnel or designees using those Contract Service Assets are permitted users for purposes of liability Insurance, and (ii) use and possession of those Contract Service Assets is not intended to be and is not transfer of ownership for purposes of any liability Insurance. Contractor will execute whatever documentation its liability Insurers require to ensure that KIB and its designees are protected and covered by liability Insurance, including requesting and executing endorsements to liability policies. KIB may secure endorsements at its cost. KIB may call and confer with Contractor's insurance agent, broker and underwriter to determine what, if any, documentation or actions are necessary to achieve protection satisfactory to KIB. By executing this Contract, Contractor authorizes its insurance broker to cooperate with and respond to requests from KIB. Contractor may not rescind this authorization without KIB consent. 4. Contract Service Asset Documentation. Each Contract Service Asset Document must allow KIB to assume Contractor's obligations and to continue use of those Contract Service Assets in performing MSW Management Services. e. Contractor's Personnel. KIB may immediately engage any or all of Contractor's present or prior employees and Subcontractors to provide all or a portion of Contract Services relating to Collection (including drivers, route supervisors, management and office personnel who provide Customer service and billing). However KIB is not obligated to hire Contractor's employees or Subcontractors and may use municipal employees or other Persons to provide all or a portion of Contract Services relating to Collection. Promptly upon receiving notice under Subsection c, Contractor will make available its employees or Subcontractors to KIB. f. Records. At KIB request, Contractor will immediately provide KIB or its designees with immediate access to Contractor Office at any time KIB is exercising its rights under this Section and possession of any or all Records, including those related to routing and Customers' frequency and level of Contract Service (such as Customer Service Subscription data). COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK g. Contractor Payment or KIB Reimbursement. (1) Uncontrollable Circumstances. In the following events: (i) items (1) and (2) in Subsection a are due to Uncontrollable Circumstances, and (ii) Contractor is not being paid (or if Contractor bills in advance, has not been paid) through billing and collecting Customer charges, then the KIB will pay Contractor each of the following costs: (iii) rental fees for use and possession of those Contract Service Assets equal to their fair market value as determined by an independent appraiser selected by the Parties in the same manner as the Independent Expert in Section 12.03a; (iv) Contractor' s Direct Costs of providing Vehicles with fuels, oil and other maintenance under Subsection d(2); (v) Contractor's Direct Cost of making personnel available to KIB under Subsection e. (2) Other than Uncontrollable Circumstances. If the events enumerated in paragraphs numbered (1) and (2) in Subsection a are not due to Uncontrollable Circumstances, then KIB is not obligated to pay the compensation enumerated in preceding Subsection g(1) and Contractor will pay KIB's Reimbursement Costs of performing Performance Obligations within 10 days of its submitting an invoice for that compensation. If Contractor does not timely pay that invoice, KIB may draw upon any or all Performance Assurances. h. Stipulations. Contractor stipulates that KIB's exercise of rights under this Section does not do any of the following: (1) create any liability on its part to Contractor, (2) constitute a taking of private property for which it must compensate Contractor, or (3) exempt Contractor from any Indemnities, which Parties acknowledge are intended to extend to circumstances arising under this Section. However, Contractor is not required to indemnify KIB against claims and damages arising from the negligence of KIB's officers and employees (other than employees of Contractor at the time they commenced performing Contract Services), contractors and agents driving Collection Vehicles. ARTICLE 15: SUSPENSION OR TERMINATION. 15.01 KIB Right to Suspend or Terminate. a. Termination Events. KIB may, in its sole discretion, terminate this Contract in whole or in part, in the following Termination Events: (1) Default. The occurrence of a Default; (2) Uncontrollable Circumstances. The occurrence and continuance of an Uncontrollable Circumstance under Section 14.03c; (3) Non - severable Provisions. Any Contract Provision defined in Section 20.05 is ruled unconstitutional, illegal, invalid, non - binding or unenforceable by any court of competent jurisdiction and KIB determines not to sever it but to terminate this Contract; COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (4) Assignment of Guaranty Without Consent. The Guarantor transfers the Guaranty without consent required by the Guaranty, and on or before 15 days after the transfer, the Guarantor does not provide KIB with a substitute Guarantor or alternative financial credit support satisfactory to KIB. b. Suspension Events. Upon the occurrence of any Termination Event, KIB may in its sole discretion suspend this Contract, in whole in or in part, for no longer than 30 days. During the suspension period Contractor will have the opportunity to demonstrate to the satisfaction of KIB that Contractor can once again fully perform Contract Services. If Contractor so demonstrates to satisfaction of KIB in its sole discretion, KIB's right to suspend or terminate this Contract will cease and Contractor may resume providing Contract Services. If Contractor does not so demonstrate, KIB may terminate this Contract and exercise its additional rights and remedies. c. Notice. KIB will give Contractor a Notice of termination or suspension effective at the following times: (1) immediately or upon other period stated by KIB with respect to the following Defaults described in Section 14.02: (i) Insurance (Failure to Provide Performance Assurances), and (ii) insolvency, bankruptcy, liquidation, to the extent permitted by Applicable Law (Insolvency, Bankruptcy, Liquidation), or (2) upon Contractor's receipt of Notice with respect to any other Default, unless KIB specifies an alternative date in the Notice; (3) a date KIB specifies in the Notice. d. Suspension, Termination of a Portion of Performance Obligations: Reduction in Fee. If KIB suspends a portion of this Contract or terminates some but not all Performance Obligations, Contractor will continue to fully perform its remaining Performance Obligations and the Contractor Service Fee will be adjusted to reflect reductions in Performance Obligations. For example, i[KIB suspends Performance Obligations with respect to Collection of Bulky Items upon the occurrence of a Termination Event, Contractor would be obligated to fullyperform its other obligations under this Contract (such as Collection of Refuse). 15.02 Criminal Activity a. Notice. Contractor will immediately give Notice to KIB of either of the following with respect to Contractor or any Contract Manager (except for the Contract Manager in a Position of Influence) : (1) conviction of a Criminal Activity ( "conviction ") or (2) plea of "guilty ", nolo contendere" or "no contest" to a Criminal Activity ( "plea ") Contractor will promptly give Notice to KIB of any of those convictions or pleas with respect to the Contractor Manager in a Position of Influence. b. Cure. Upon the occurrence of any conviction or plea defined in Subsection a, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Contractor immediately will do or cause to be done both of the following: (1) terminate from employment anyone in a Position of Influence or remove from office anyone in a Position of Influence, unless otherwise directed or ordered by a court or Regulatory Authority of competent jurisdiction and /or authority, and unless termination would subject Contractor, an Affiliate or any of its Contract Managers to substantial liability for breach of any labor agreement entered into before the Contract Commencement Date, and (2) refrain from employing or appointing that individual or individuals responsible for the Criminal Activity from any other Position of Influence. c. KIB remedies. Upon the occurrence of either of the following events: (1) Contractor or any Affiliate fails to effectuate the cure described in Subsection b, or (2) the Criminal Activity is related to this Contract or occurs within the boundaries of KIB (incorporated or unincorporated), KIB may take any or all of the following actions: (3) (4) suspend or terminate this Contract, or impose other sanctions (which may include financial sanctions and any other condition KIB deems appropriate, short of suspension or termination) as it deems proper. d. Limitations on Contractor Manager. No Contractor Manager may have previously (1) been convicted of a Criminal Activity, or (2) plead "guilty ", nolo contendere" or "no contest" to a Criminal Activity. ARTICLE 16: TRANSFER OF CONTRACT. 16.01 Contractor Transfer. a. Acknowledgment. Contractor acknowledges that Contractor submitted evidence to KIB with respect to Contractor's experience, expertise and qualifications to provide Contract Services, and that Contractor's experience, expertise and qualifications were material considerations of KIB in entering into this Contract with Contractor. b. KIB consent. Without KIB consent, given in KIB's sole discretion, Contractor will not Transfer in whole or in part, voluntarily or involuntarily any of the following: (1) this Contract, (2) the Guaranty, or (3) any rights or duties in this Contract or under the Guaranty, Contractor may not circumvent KIB's consent rights by securing Goods or Services from a Subcontractor. acknowledges that in its submitted proposal to provide Contract Services and this Agreement it described the experience, qualifications and operations not Contractor into COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK enter only of KIB KIB Contractor itself, but of the following companies that are wholly owned by Contractor as of the ct Commencement Date: Alaska Waste Transfer, Alaska Waste, Alaska Waste and Alaska Waste Kenai Peninsula, LLC (together, "Contractor's Operations' Furthermore, in its proposal Contractor did not take an exception to its Performance provide the Guaranty. Therefore, in lieu of providing the Guaranty, Contractor will not in whole or in part, voluntarily or involuntarily any of Contractor's Operations consent, given in KIB ')- s sole discretion. For purposes of this Performance Obligation and right, t.... e definition of the "Contractor" is deemed to include "Contractor' Contra Contra LLC, Furthe to Transfer Operations. c. Contractor request. Without obligating KIB to give consent, Contactor will demonstrate to KIB's satisfaction that the proposed transferee has the operational and financial ability to satisfy Performance Obligations. KIB is not obligated to consider any proposed Transfer by Contractor if Contractor is in Breach at any time during KIB's consideration. d. Payment of KIB's Transfer Costs. Interior, Obligation without s (1) Transfer Deposit. Contractor must make any request for KIB's consent to a Transfer in the manner prescribed by KIB. Contractor must pay KIB the Transfer Deposit before KIB will consider Contractor's request. "Transfer Deposit" means lesser of the following refundable amounts: (i) $1,500 (ii) KIB's anticipated Transfer Costs. (2) Additional Transfer Costs. Within 30 days of KIB's request, Contractor will further pay KIB's additional Transfer Costs in excess of the Transfer Deposit, whether or not that KIB approves the Transfer. "Transfer Costs" means the following KIB's Reimbursement Costs: (i) considering and reviewing Contractor's request for Transfer, (ii) investigating the suitability of the transferee, and (iii) determining whether or not to give its consent, (iv) preparing documents to effectuate the Transfer. (3) KIB's Reimbursement Costs of enforcement. Within 30 days of KIB's request, Contractor will pay KIB's Reimbursement Costs for fees and investigation costs as KIB deems necessary to enjoin the Transfer or to otherwise enforce this Section e. Novation. If KIB consents to Transfer of this Contract, upon request of the transferee, KIB will execute a novation under which the Person which is the transferee Contractor assumes all of the rights and Performance Obligations of the transferor Contractor. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK ARTICLE 17: THE PARTIES. 17.01 Contractor Is Independent Contractor. The Parties agree and the Contractor acknowledges as follows: (1) Contractor is an independent entity and contractor engaged by KIB and not KIB's Related Party or a joint venturer with KIB. (2) No employee or agent of Contractor is deemed to be KIB's Related Party. (3) Contractor will have the exclusive control over the manner and means of performing Contract Services and over all Persons performing Contract Services. (4) Contractor is solely responsible for the acts and omissions of Contractor's Related Parties, none of whom is deemed to be KIB's Related Party. (5) Nothing in this Contract may be construed as creating an arrangement for handling Unpermitted Waste. (6) Neither Contractor nor any of Contractor's Related Parties will obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to KIB employees and Contractor expressly waives any claim it may have or acquire to those benefits. (7) Contractor bears the sole responsibility and liability for furnishing workers' compensation and all other benefits required by law to any individual for injuries arising from or connected with Contract Services. 17.02 Parties in Interest. Nothing in this Contract, whether express or implied, is intended to confer any rights on anyone other than the Parties and the Parties' respective representatives, successors and permitted assigns. Related Parties are third party beneficiaries of provisions in this Contract that reference them. 17.03 Binding on Successors. The provisions of this Contract will inure to the benefit of and be binding on the successors and permitted assigns of the Parties. 17.04 Further Assurances. Each Party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other to give full effect to this Contract, including Contractor Documentation. Contractor will complete Contractor Documentation satisfactory to KIB by the Contract Commencement Date. 17.05 Actions of KIB in Its Governmental Capacity. Nothing in this Contract may be interpreted as limiting the rights and obligations of KIB in its governmental or regulatory capacity. 17.06 Contractor's Obligations Performed at Its Sole Expense. Contractor will perform Contract Services solely for the compensation expressly provided for in this Contract. 17.07 Parties Representatives. a. KIB COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (1) Identification. KIB Representative is the Manager or his or her designee, as may be amended upon Notice to Contractor by KIB in KIB's sole discretion. (2) Delegation. By authorizing the execution of this Contract, KIB delegates to KIB Representative the authority to exercise KIB's rights, remedies and options under this Contract and administer this Contract, except with respect to the following, which must be approved by the KIB Governing Body: (i) extending the Term for an additional year or more, (ii) suspending or terminating this Contract, (iii) approving or disapproving Transfer of this Contract, (iv) amending this Contract, including the Contractor Service Fee due to changes in operations under Section 13.03a2, but not annual adjustments under 13.03a1, (v) Indemnities, and (vi) exercising any delegation of authority contrary to Applicable Law. b. Contractor Representative. Contractor Representative is named in Contractor Documentation. Contractor Representative must have at least 5 years experience in Solid Waste collection services before being named Contractor Representative. Contractor Representative is authorized to act on behalf of Contractor in the satisfaction of all Performance Obligations and exercise of Contractor's rights and options under this Contract. 17.08 Due Diligence. Contractor acknowledges each of the following: (1) MSW Management Services, including Contract Services, are highly regulated under Applicable Law, (2) waste management is a public health and safety concern. Contractor agrees that it will exercise due diligence in performing Contract Services. 17.09 No Use of KIB Name. Contractor will not do business as or use a corporate, partnership, venture or other formal name, containing the name of any KIB or implying government ownership. 17.10 Subcontractors. a. Subcontracts exceeding $50,000. Contractor will not engage any Subcontractor in an amount exceeding $50,000 for any individual Subcontractor without KIB's prior approval of the Subcontract and Subcontractor. Any Subcontract entered into without KIB's prior approval is void. Contractor will identify approved Subcontractors in Contractor Documentation. b. Contractor responsibility. Contractor is solely responsible for directing the work of Subcontractors and paying Subcontractors' compensation. c. Removal. KIB may require Contractor to remove any approved Subcontractor for any of the following reasons: (1) failure to provide Contract Services, (2) non - compliance with Applicable Law, or COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK d. Reference to Subcontractors. Specific reference to Subcontractors under this Contract (such as with respect to compliance with Applicable Law and meeting Insurance requirements) does not imply that lack of specific reference to Subcontractors elsewhere under this Contract exempts Subcontractors from complying with this Contract. ARTICLE 18 : AMENDMENTS. 18.01 Amendments. a. KIB Governing Body authorization and direction / Contractor consent. Amendments to Contract rights, remedies and options that are not delegated to the KIB Representative under subsection b will be effective upon completion of the following actions: (1) authorization and direction of KIB Governing Body, (2) consent of the Contractor, and (3) due execution by the Parties of an amendment reflecting those changes. b. KIB Representative Consent / Contractor Representative Consent. All other Amendments to this Contract will be effective upon completion of the following: (1) consent of KIB Representative (except for Contractor's amendments to Contractor Documentation that do not require KIB consent), (2) consent of Contractor Representative (except for amendments to Attachments to this Contract that do not require Contractor consent, such as changing Contractor's address for Notices), and (3) due execution by the Parties of text reflecting those changes. Examples of those amendments include the following: (4) amendments not listed in Subsection a, (5) Contractor Documentation, and (6) Exhibits or Attachments to this Contract (except with respect to Contractor Service Fee other than annual adjustments). c. Due execution. For purposes of this Section, "due execution" of amendments to the text of this Contract means the Parties': (1) witness and signing written amendment in the form provided on the signature page of this Contract; and (2) warranties as to their due authorization and execution of the amendment. "Due execution" of amendments to Contractor Documentation, Attachments and Exhibits means KIB and Contractor Representative signing and dating the amendments. (3) in KIB's judgment, conduct that is abusive, rude or unsafe. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ARTICLE 19 : NOTICES, CONSENTS, APPROVALS, ETC. 19.01 Notices, etc. Notices must be given at the addresses provided in Contractor Documentation attached to this Contract, as follows: (1) by Email or facsimile promptly followed by personal or mailed delivery, or (2) by personal delivery to the Contractor Representative or KIB Representative, as the case may be, or (3) by deposit in the United States mail first class postage prepaid (certified mail, return receipt requested), or (4) by commercial delivery service providing delivery verification. Notice by KIB to Contractor of a missed pick -up or a Customer problem or complaint may be given to Contractor orally by telephone to Contractor Representative or other Contractor personnel responsible for taking complaints from KIB or the public. Parties may change their address upon Notice to the other Party. 19.02 Writing Requirements. All Notices, reports, demands, requests, directions, selections, option exercises, orders, proposals, reviews, comments, acknowledgments, approvals, agreements, consents, waivers, certifications and other communications made under this Contract must be in writing, except the following: (1) oral communication is explicitly authorized, and (2) communication with respect to routine Contract administration, such as submitting Records or Reports, correcting Reports or, discussing Customer complaints. 19.03 Exercise of Options. Parties will exercise any approval, disapproval, consent, acceptance, option, discretion, election, opinion or choice under this Contract, make a requirement under this Contract or interpret this Contract ( "Discretionary Action ") reasonably. Recognizing the essential public health and safety protections this Contract serves, where this Contract specifically provides that the exercise of any Discretionary Action is in either Party's independent, sole, exclusive or absolute discretion, control or judgment, the other Party will not question or challenge the other Party's exercise thereof. Parties will nevertheless exercise their rights and remedies in good faith as required by Applicable Law. Any mediator or court must find the Party's exercise to be reasonable. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ARTICLE 20: DEFINITIONS AND INTERPRETATION OF CONTRACT. 20.01 Definitions. In this Contract words have the meanings defined in Attachment 20.01, which control in the event of any conflict with the definitions used in the recitals above. 20.02 Interpretation of Contract. a. Plurality. Terms that are defined in the singular and plural in Article 20, include both singular and plural throughout the Contract, unless the context demands otherwise. b. Headings, Font. Any caption or heading after the ATTACHMENT, EXHIBIT, ARTICLE, Section, lettered subsection, Arabic - numbered subsection or Roman - numbered subsection and numbered lists preceding the operative text of this Contract is for convenience of reference only and does not in any way control or affect the scope, intent, meaning, construction, interpretation or effect of this Contract. Any underlined, italicized, bold- faced, UPPER -CASED or other font style is for ease of reading and contract administration, and it does not in any way imply relative importance or unimportance of any provision of this Contract. c. References to Parts. References to Sections and Articles refer to Sections and Articles of this Contract, unless specified otherwise. References to Attachments and Exhibits refer to Attachments and Exhibits appended to this Contract. References to subsections are to the Section in which that subsection occurs, unless otherwise provided. d. Examples. Examples are for purpose of illustration only. If any example is ambiguous or conflicts with the text that it illustrates, the text governs. e. Specifics no limitation on generalities. The mention of any specific duty or liability imposed upon Contractor may not be construed as a limitation or restriction of any general liability or duty imposed upon Contractor by this Contract or Applicable Law. f. Ambiguities, Inconsistencies and Conflicts. If any provision contained in the body of this Contract is ambiguous, inconsistent with or conflicts with any Attachments or Exhibits to this Contract, the provisions of the body of this Contract will govern. g. Time for performance. Any reference to the number of days (or other period of time) in which any action must be taken means consecutive calendar days, without regard to intervening Holidays or Sundays. However, if any Performance Obligation (other than emergency services described in Section 9.07) must be performed on a Holiday or Sunday, the time for performance is extended until next Service Day. 20.03 Integration. This Contract contains the entire agreement between the Parties with respect to their rights and obligations under this Contract. This Contract completely and fully supersedes all prior understandings and agreements between the Parties with respect to their respective rights and obligations, including those contained in each of the following: COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK requests for proposals, proposals, memorandums, correspondence, telephone calls, field trips, interviews, negotiations, and KIB Governing Body sessions. 20.04 Governing Law. This Contract is governed by, and construed and enforced as required by, the Applicable Law of the State, without giving effect to the State's principles of conflicts of laws. 20.05 Severability. If any clause, sentence, provision, subsection, Section or Article of this Contract or Exhibit or Attachment to this Contract (a "Contract Provision ") is ruled unconstitutional, illegal, invalid, non - binding or unenforceable by any court of competent jurisdiction, then the Parties will take the following actions: (1) promptly meet and negotiate a substitute for the Contract Provision and any related amendments, deletions or additions to other provisions of this Contract which together effect the Parties' original intent to the greatest extent allowable under Applicable Law; and (2) if necessary or desirable to accomplish preceding item (1), apply to the court that declared said invalidity for a judicial construction of the substituted Contract Provision and any amendments, deletions or additions to this Contract. Within 10 days of any KIB's request, Contractor will pay KIB half of the Direct Costs of that application. The unconstitutionality, illegality, invalidity, non - binding nature or unenforceability of any Contract Provision will not affect any of the remaining provisions of this Contract. This Contract will be construed and enforced as if the Contract Provision did not exist. However, if any Contract Provision with respect to KIB direction to a Solid Waste Management Facility is ruled unconstitutional, illegal, invalid, non - binding or unenforceable by any court of competent jurisdiction, then KIB in its sole discretion may take either of the following actions: (3) sever that Contract Provision and construe and enforce this Contract under this Section, or (4) terminate this Contract. Contractor agrees not to challenge the constitutionality, legality, validity, enforceability or binding nature of either of the following provisions of this Contract: (5) Contractor obligation to deliver Refuse to KIB Landfill, (6) Contractor obligation to any other type of Solid Waste (such as recyclables) to any other Solid Waste Management facility as directed by KIB. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 20.06 Interpretation. This Contract must be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. Contractor acknowledges that it determined to provide Contract Services in KIB and execute this Contract upon its own choice and initiative and that it had the opportunity to submit comments, recommend changes and take exception to the proposed provisions of this Contract during the procurement process. Each Party represents and warrants that it has reviewed this Contract and has either commented upon this Contract or had the opportunity to do so, with advice of its attorneys. No provision in this Contract may be construed against KIB solely because KIB prepared this Contract in its signed form. 20.07 New Contract. This Contract is a new obligation between the Parties and is a novation, substitution and replacement for any present or prior contracts or agreements between the Parties connected with or related to MSW Management Services. ARTICLE 21: EXECUTION OF CONTRACT. 21.01 Execution in Counterparts. This Contract may be signed in any number of original counterparts. All counterparts will constitute but one and the same Contract. 21.02 Authority to Execute. a. KIB. KIB warrants that its officers listed below have been duly authorized to execute this Contract on its behalf. b. Contractor. Contractor warrants that the individuals listed below have been duly authorized to execute this Contract on behalf of Contractor. KODIAK ISLAND BOROUGH ALASKA PACIFIC ENVIRONMENTAL Alaska, a political subdivision SERVICE, LLC By: By: Name: Rick L. Gifford Name: Jeff Riley Title: Manager Title: Chief Operations Officer Dated: Dated: ATTEST: ATTEST: By: KIB CLERK Name: Name: Nova M. Javier, CMC Dated: Dated: APPROVED AS TO FORM: KIB COUNSEL COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Name: Dated: COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ATTACHMENT 2.01: CONTRACTOR'S REPRESENTATIONS AND WARRANTIES. a. Status. Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State and is qualified to do business in the State. b. Authority and Authorization. Contractor has full legal right, power and authority to execute and deliver this Contract and satisfy its Performance Obligations. This Contract has been duly signed and delivered by Contractor and constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with its terms. c. No conflicts. Neither the execution nor delivery by Contractor of this Contract, the performance by Contractor of its Performance Obligations, nor the fulfillment by Contractor of the terms and conditions of this Contract: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any Regulatory Authority or any agreement or instrument to which Contractor or any of its Affiliates is a party or by which Contractor or any of its Affiliates' properties or assets are bound, or constitutes a default there under; or (3) will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. d. No approvals required. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, Governing Body, agency or instrumentality is required for the valid execution and delivery of this Contract by Contractor, except those that have been duly obtained from its Board of Directors or other governing body. e. No litigation. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, Governing Body, agency or instrumentality pending or, to the best of Contractor's knowledge, threatened, by or against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would adversely affect the performance by Contractor of its obligations under this Contract or in connection with the transactions contemplated by this Contract, or which, in any way, would adversely affect the validity or enforceability of this Contract or any other agreement or instrument entered into by Contractor in connection with the transactions contemplated by this Contract. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or threatened, by or against KIB by Contractor. f. Due Diligence. Contractor has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding this Contract and best COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK and proper method of providing Contract Services (including the types of Contract Services) and labor, equipment and materials for the volume of Contract Services to be provided. Contractor agrees that it will make no claim against KIB based on any good faith estimates, statements or interpretations made by any officer, employee or agent of KIB that proves to be in any respect erroneous. g. Compliance with Applicable Law. Contractor further represents and warrants that it has fully complied with all Applicable Law, including without limitation law relating to conflicts of interest, in the course of procuring this Contract. h. Truth and Accuracy of Application etc. Information in the following documentation provided by Contractor is true, accurate and complete: (1) Contractor Documentation, and (2) Contractor's proposal submitted in response to KIB's Request for Proposals for this Contract (together with any addendum thereto), including all clarifications to that proposal. Contractor will promptly amend Contractor Documentation to reflect any changes in Contractor Documentation and submit it to KIB. ATTACHMENT 2.02: KIB'S REPRESENTATIONS AND WARRANTIES. a. Status. KIB is a political subdivision of the State, duly organized and valid existing under the Constitution and laws of the State. b. Authority and Authorization. KIB has full legal right, power and authority to execute, deliver, and perform its obligations under this Contract. This Contract has been duly signed and delivered by KIB and constitutes a legal, valid and binding obligation of KIB enforceable against KIB in accordance with its terms. c. No Warranty Regarding Waste Characterization or Volume. KIB makes no warranties with respect to the Solid Waste characterization or volume. KIB disclaims any warranties, either express or implied, as to the merchantability or fitness for any particular purpose of materials that Contactor handles under this Contract. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ATTACHMENT 4: REFUSE COLLECTION AND TRANSPORTATION TO KIB LANDFILL. 4 -3.03 Obligations Upon Termination or Expiration. a. Contractor Removal of Refuse Containers. If KIB does not exercise its option under Subsection b to acquire any or all Refuse Containers, then upon expiration or termination of this Contract, Contractor will remove Refuse Containers at the following times: (1) after replacement Carts are provided to the Customer's Premises, or (2) at the time directed by KIB. Contractor will use Reasonable Business Efforts to reuse or recycle all removed Refuse Containers. For example, Contractor might ship Carts to the Cart manufacturer of Carts for recycling, or deliver dumpsters for metal salvage.. b. Contractor Transfer of Container Ownership to KIB. In consideration of the privileges granted under this Contract and for Contractor Service Fees previously received during the Term, within 5 KIB Business Days of KIB direction, Contractor will transfer to KIB ownership of any or all Refuse Carts and any or all Refuse Dumpsters in the following events: (1) the effectiveness of any Notice of termination by KIB under this Contract, or (2) the expiration of this Contract. Upon KIB request, Contractor will promptly provide KIB with the following documentation: (3) any or all Contract Service Asset Documents, such as manufacturers warranties, maintenance agreements, financing documents and recorded financing statements, and (4) any other documentation evidencing transfer of ownership of any or all Refuse Containers to KIB. c. Survival. CONTRACTOR'S OBLIGATIONS IN THIS SECTION SURVIVE TERMINATION OR EXPIRATION OF THIS CONTRACT. 4 -4.01 Automated Refuse Collection in Carts. a. Automated or Semi - automated Cart Collection. Contractor will Collect all Carts by automated or semi - automated manner. "Automated" means that Carts are lifted from their Set - out Site, emptied and set back down at their Set -out Site by mechanical means. "Semi - automated" means that Carts are rolled by individuals from the Carts' Set -out Sites into position near the Collection Vehicle; lifted, emptied and set back down by mechanical means; and rolled back by individuals to their Set -out Sites. b. Default Residential / Optional Commercial or Multifamily Cart Collection. (1) Residential. Beginning on the Collection Commencement Date, Contractor will Collect all Residential Refuse weekly, on the same Regularly Scheduled Collection Day. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK c. Cart options. d. Cart Roll -out Service. (2) Commercial or Multifamily Collection. Beginning on the Collection Commencement Date, at the request of the owner or occupant of a Commercial or Multi- family Premise, Contractor will Collect all Commercial and Multifamily Refuse weekly, on the Regularly same Scheduled Collection Day. (1) Default Residential Service: 64 gallon Refuse Carts. Unless Contractor must provide Roll -Off Containers under Section 6 -6.02, Contractor will provide each Residential Premise with one 64- gallon capacity Refuse Cart for the charge listed on the Service Fee Schedule, except if the owner or occupant of that Residential Premise directs Contractor to provide a different number or capacity of Carts under following Subsection c(2). (2) Larger / smaller, more / fewer Refuse Carts. At any Cart Customer's request, Contractor will provide that Customer's Premise with Refuse Carts in alternative number and capacity options offered on the Service Fee Schedule (such as 32 or 96- gallon capacity Cart) for the corresponding additional (or lesser) charges listed on the Service Fee Schedule. (1) Scope of Service. At Customer request, Contractor will provide Roll -out Service for Refuse Carts. (2) Without charge / with surcharge. (i) Without charge. Contractor will provide Roll -out Service to the Elderly or Handicapped individual, if Customer certifies that no able- bodied person resides at the Customer's premise, which certification Contractor may confirm; (ii) With surcharge. Contractor will provide Roll -out Service to any Customer who does not meet the preceding listed criteria for the surcharge listed on the Contractor Service Fee Schedule. 4 -4.02 Collection in Dumpsters or Compactors. a. Commercial or Multifamily Collection. Beginning on the Collection Commencement Date, Contractor will Collect all Commercial or Multifamily Refuse at least weekly, or on additional days agreed to with Customer, on the same Regularly Scheduled Collection Day or days. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK b. Dumpster Options (1) Default Service: 2.0 Cubic Yard capacity Dumpster. Contractor will provide each Commercial Premise and Multi - family Premise with one 2.0 Cubic Yard capacity Dumpster to be Collected once weekly for the charge listed on the Service Fee Schedule, except in the following circumstances: (i) the owner or occupant of that Premise directs Contractor to provide the following alternative Containers: A. a different capacity of Dumpster or frequency of Collection under following subsection b(2), or B. one or more Carts under Section 4- 4.01.b.(2), (c), or (2) the Contractor determines in its sole discretion, that there is insufficient room at a Commercial Set -out Site to place or safely Collect one or more Dumpsters for each Customer using that Commercial Set -out Site, in which circumstance the Contractor will take the following actions, in its sole discretion: (i) provide one or more Carts in the capacity and number that each Customer needs to store its discarded Refuse pending Collection, or (ii) allow one or more Customers to share a Dumpster. Contractor will provide locks for any Dumpster promptly upon Customer request. c. Larger / smaller Dumpsters, more / less frequent Collection. At a Dumpster Customer's request, Contractor will provide that Customer's Premise with Dumpsters in alternative number and Collection frequency options offered on the Service Fee Schedule for the corresponding additional (or lesser) charges listed on the Service Fee Schedule. d. Compactors. Contractor is not obligated to provide a Compactor to any Customer. However, on request of the owner or occupant of a Commercial or Multi- family Premise, Contactor will Collect all Refuse placed inside each Compactor at the frequency requested by that Customer and for the charge listed on the Service Fee Schedule. 4 -4.03 On -call, Monthly Bulky Items Collection. a. Driver report / KIB request. When Collecting any Refuse, Contractor's drivers must immediately report to Contractor any Bulky Item he or she observes Discarded at a Dumpster Set -out Site. b. On -call Collection Service and Charges. Within 3 days of Customer or KIB request, Contractor will Collect up to 4 X 5 X 6 cubic feet of Bulky Items that are Discarded at a Residential Set -out Site for the surcharge listed on the Contractor Service Fee Schedule. c. Diversion Program. Contractor will use Reasonable Business Efforts to Divert all Bulky Items that it Collects. For example, Contractor might cooperate with a thrift store to pick up or accept Contractor's delivery of furniture, or deliver appliances for metal recovery. Contactor will transport and deliver Bulky Items it does not divert to a facility approved by KIB. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 4 -4.04 Emergency Services. a. Nature of emergency services. Within 24 hours of oral notice by KIB, followed as soon as practicable by written notice, Contractor will provide emergency services beyond the scope of Contract Services at the times and to the extent directed by KIB, including providing vehicles, drivers and other equipment and personnel to cleanup Solid Waste and other debris consequent upon natural disasters such as earthquakes, storms, floods, riots and civil disturbances, for which Contractor will be compensated Contractor's Reimbursement Costs. b. Reporting. Contractor will cooperate with KIB, the State, and federal officials in filing information related to a regional, state or federal declared state of emergency or disaster as to which Contractor has provided services under this Section. c. Emergency Backup Service Plan. Contractor will develop an emergency backup service plan in form satisfactory to KIB and implement that plan if, due to Uncontrollable Circumstances or for any reason whatsoever, Contractor fails, refuses, or is unable for a period of 48 hours to collect and /or at any time to transport Solid Waste or any portion thereof to the applicable Solid Waste Management Facility and KIB Manager determines there is danger to the public health, safety, or welfare. 4 -4.09 Mandatory Service Notice. Within 7 Service Days after receiving notice (based on Contractor's drivers' observations, information and belief or otherwise) that a formerly unoccupied Premise becomes occupied or the Customer occupying the Premises have changed, Contractor will give written notice to the owner or occupant of that Premises that Service is required unless Contractor has already received a request for Service at that Premise or KIB revokes provisions of the KIB Code requiring mandatory Service. 4 -14.01 Compensatory damages. Contractor will pay KIB the following Reimbursement Costs: (1) for enforcing any Performance Obligation to deliver Refuse to KIB Landfill or Solid Waste to any other approved Solid Waste Management Facility, and (2) following a breach of that Performance Obligation, to monitor Contractor' s Vehicles routes. ATTACHMENT 5: FUTURE PROGRAM CONSIDERATION: RECYCLABLES COLLECTION AND PROCESSING . 5 -5.01 KIB Recyclables Program Specifications. In addition to any other changes in Performance Obligations implemented under and subject to the protocol in Article 12, KIB may direct Contractor to implement a recycling program. KIB may prescribe the scope of recycling services, performance specifications and performance standards. KIB will request Contractor to submit a proposal to implement KIB's recycling program under Article 12 before requesting any other Person to submit a proposal or negotiating with any other Person. However, if KIB and COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Contractor do not reach agreement by the end of the period specified in Article 12, KIB may take either of the actions permitted under 12.02. ATTACHMENT 6: DROP BOX COLLECTION AND TRANSPORTATION. 6 -6.01 On -call Temporary Dumpster and Roll -off Service. a. Container delivery. Upon a Customer request, Contractor will deliver a 4 -Cubic Yard Dumpster or Roll -Off Container in any capacity provided on the Service Fee Schedule at the following times: (1) on the same Service Day if a Customer requests Service before 10 a.m. on that Service Day; (2) on the next Service Day if the Customer requests Service after 10 a.m. but before 4:00 p.m. on a Service Day, and (3) within two Service Days, if the Customer requests Service after 4:00 p.m. on a Service Day. b. Collection. Beginning on the Collection Commencement Date, Contractor will Collect all Refuse and C &D Debris in a 4 -yard Dumpster or Roll -off Container at the frequency requested by the Customer for the corresponding charges listed on the Service Fee Schedule. c. Container pick up. Contractor will pick up that 4 -Cubic Yard Dumpster or Roll -off Container within 2 Service Days of a Customer's request or other time agreed to between Contractor and Customer. d. Delivery to KIB Landfill. If Contractor cannot divert C &D Debris from disposal using Reasonable Business Efforts (for example, recovering metal for reuse), it will deliver it to KIB Landfill, subject to the same obligations that Contractor has with respect to Refuse under Attachment 8. (For example, as of the Contract Commencement Date, Contractor cannot deliver C &D Debris to KIB Landfill on windy days when directed by KIB.) 6 -6.02 Weekly Residential Roll -off Service. Beginning on the Collection Commencement Date, Contractor will Collect all Residential Refuse weekly, on the same Regularly Scheduled Collection Date, in Roll -off Containers at Residential Premises identified by the KIB Representative from time to time in Notice to Contractor. As of the Contract Commencement Date, Contractor will Collect Solid Waste in Roll -off Containers in the following areas known colloquially as: Bells Flats, Chiniak and Pasagshak. .03 Roll -Off Container at KIB 6 -6 Landfill. Container delivery and replacement. Beginning on the Commencement Date, will deliver a 4 -Cubic Yard Dumpster or Roll -Off Container in any the Service Fee Schedule, as requested by KIB, to the location specified by KIB a the KIB Landfill. Contractor will replace that Dumpster or Roll -off Container with another Roll -Off Container of any other capacity provided on the Service Fee Sche a. Contractor provided on Dumpster or COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK capacity dule, Service Days of KIB request. Contractor will provide KIB with the S in Section 7 -7.08 Containers (including repair and maintenance), as if KIB were a within two prescribed Customer. Collection. Beginning on the Collection Commencement Date, Contractor will Collect 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. b. all Payment by 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' t) Contractor may a Contractor Service Fee commensurate with the gallon (32, 64 or 96 gallons) of Solid Waste that the self -haul Customer di Dumpster or Roll -off Container located at KIB Landfill, as estimated by a KIB Therefore Section (1) Mandatory (Z) charge that person equivalent at the employee. Contractor acknowledges that Contractor is authorized under this Agreement the owner or occupant of a Premises a Service Fee, regardless of whether not that owner or occupant self -hauls Solid Waste and discards it in the Dumpster Roll -Off Container at KIB landfill, or utilizes Services at Customer's charge and 7 -7.01 Missed Pickups and Other Complaints. a. Corrective action. Customers. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK ervice nevertheless to Contractor acknowledges that it is compensated for providing Service under this even though it does not charge KIB. ATTACHMENT 7: GENERAL COLLECTION PERFORMANCE OBLIGATIONS AND STANDARDS. scards or Premises. (1) Missed Pickups etc. Absent Contract Service Exceptions, on the next Contract Service Day following telephonic or other notice to Contractor, Contractor will Collect without charge any Container that Contractor should have Collected, delivered, exchanged or repaired but did not Collect, deliver, exchange or repair. If Contractor does not timely provide the Contract Service, KIB may provide the Contract Service itself or through a third party and Contractor will reimburse KIB's Reimbursement Costs thereof. (2) Other Complaints. Contractor will respond to all Customer inquiries and complaints (including any inquiry or complaint left with the telephone answering service) within 24 hours following notice to Contractor and handle complaints substantially as required by the Customer Complaint Protocol. b. Customer Complaint Protocol. Contractor will provide KIB with a copy of the Customer Complaint Protocol in form satisfactory to KIB. c. Records. Contractor will maintain a daily written record of every inquiry and complaint received by Contractor, including information required by KIB, and provide KIB with a copy of those inquiries and complaints by the 15 day of each month. d. KIB access to records. Contractor will allow KIB access to complaint records at Contractor Office during Contractor Office Hours. Contractor will provide copies of any Customer complaints and the resolution of those complaints to KIB within two hours of KIB request, and other Records, promptly. e. Reimbursement of KIB Cost. Contractor will reimburse KIB's Reimbursement Costs incurred by a KIB Related Party or Parties for the following: (1) more than 2 hours in the aggregate resolving any one Customer's complaint or answering that one Customer's question, or (2) more than 1 hour in any work week (KIB Business Days generally Monday through Friday) resolving all Customers' complaints or answering all Customer's questions. KIB's invoice for KIB's Reimbursement Costs must indicate the following: (i) the name and address of the Customer, (ii) nature of complaint or inquiry, (iii) amount of time spent by KIB employee or other Person, (iv) hourly fees for KIB employees or fees of other Person, and (v) cost of materials or other disbursements, including phone and postage costs, required to resolve the complaint or answer the question. 7 -7.02 Unpermitted Waste Screening. a. Unpermitted Waste Screening Protocol. Contractor will implement the Unpermitted Waste Screening Protocol in compliance with Applicable Law and in a manner satisfactory to KIB. b. Inadvertent Delivery of Unpermitted Waste. If Contractor inadvertently delivers Unpermitted Waste to a Solid Waste Management Facility, Contractor will use its best efforts to identify the Customer that discarded the Unpermitted Waste and cooperate with the Solid Waste (3) No referral to KIB. Contractor will not refer or forward any Customer to KIB for resolution of complaints or answers to inquiries unless the Customer insists, in which event Contractor will refer the Customer to the KIB Representative. (4) Employee Training. Contractor will train each of its Customer service employees to follow the Customer Complaint Protocol upon starting employment and periodically thereafter. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Management Facility in investigations. Contractor will contact any identified Customer and provide that Customer with information on safe disposal of Unpermitted Waste. 7 -7.03 Contract Service Exceptions. a. Collection Exception. Contractor is not obligated to Collect any Solid Waste in event of any Contract Service Exception. b. Non - Collection Notice. If Contractor does not Collect any Solid Waste in event of a Contract Service Exception, Contractor must complete and leave a Non-Collection Notice securely attached to a Container at or near the Set -out Site (except in the event of unsafe conditions, when Contractor will use best efforts to immediately notify the Customer of the unsafe condition, including leaving a Non-Collection Notice on the door of the Premise (if safe) or telephoning Customer.) (1) A Non-Collection Notice with respect to Solid Waste that is not properly placed inside Containers, must contain the following information: (i) reminder that the Customer must place Solid Waste (except Bulky Items) in a closed Container; (ii) notice that Contractor is authorized to charge the Customer the surcharge listed on the Service Fee Schedule each time the Customer sets out a Container that is filled above the Container rim and will not fully close; (iii) instructions on how the Customer can subscribe to additional Refuse Containers (including any additional surcharges), or request on -call Collection of Bulky Items. (2) A Non-Collection Notice with respect to Unpermitted Waste (such as hazardous waste) or unsafe materials must describe where Customer can dispose of the Unpermitted Waste or those materials, such as at KIB Landfill or other location designated by KIB. Promptly upon KIB request, Contractor will inform KIB of each Customer to which Contractor gave a Non - Collection Notice. 7 -7.04 Transition and Customer Education. a. Contractor Transition. (1) Necessity for Smooth Transition. Contractor acknowledges that it is of the utmost importance to KIB that the transition from solid waste services provided before the Contract Commencement Date to Contract Services will proceed smoothly to the satisfaction of Customers, including the following: (i) timely Collection at each Customer's Premise, (ii) accurate billing of Customers for Customer Special Service Surcharges, (iii) distributing Refuse Carts or other Carts, as applicable, (iv) changing pickup days or times, (v) changing the scope of services or program specifications, and COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK b. Compliance with Transition Plan. Contractor will timely and fully implement its Transition Plan. Contractor will direct employees to work overtime and /or add extra shifts, as necessary, without Contractor Service Fee increase, to assure compliance with the Plan. Contractor will submit to KIB written status reports in form and content satisfactory to KIB on a weekly basis, commencing no later than the Friday of the week following the Contract Commencement Date. On the first KIB Business Day each week and promptly upon KIB request, Contractor will meet with KIB to review status of Plan implementation. 7 -7.05 Other Special Customer Services. Upon Customer request, Contractor may provide special services in addition to prescribed Contract Services following approval by KIB based on the following information: (1) scope of services, and (2) any surcharge. 7 -7.06 Contract Service Assets. a. Operation and maintenance yard; Contractor Office. b. Use and possession; acquisition. Contractor will either own each Contract Service Asset or ensure that any lease, financing documentation, rents or purchases by installment or conditional sale agreement with respect to each Contract Service Asset allows KIB use and possession of the Contract Service Asset in order to realize KIB's rights to use and possession and, with respect to Carts, acquisition or purchase. Any Contract Service Asset Document, will: (1) allow the Guarantor to assume Contractor's obligations and to continue use of Contract Service Assets in performing Contract Services; (2) allow KIB or its designee to assume Contractor's obligations and to continue use of Contract Service Assets in performing Contract Services. (vi) responding to Customer complaints and inquires. (2) Transition Plan contents. Contractor will implement the Transition Plan in a manner satisfactory to KIB. (1) Operation and maintenance yard; Contractor Office. Contractor will secure possession and use of operation and maintenance yard and Contractor Office located on publicly maintained roads. (2) KIB access. KIB and designees of KIB may enter Contractor's operation and maintenance facilities or Contractor Office during Contractor Office Hours on 2 hours prior telephone, E -mail or facsimile notice, and investigate, observe, inspect and review Contractor's operations and Contract Service Assets. Contractor will make available a management representative or other authorized person to conduct each KIB representative through facilities. This right does not limit KIB's right to inspect Vehicles. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Contactor will provide a copy of the Contract Service Asset Document upon KIB request. d. Inventory. Contractor will prepare a preliminary inventory of Refuse Carts that Contractor will acquire or supply as required by the Transition Plan as Contractor Documentation. In its next Monthly Report following delivery of any Cart as required by the Transition Plan, Contractor will complete and finalize the inventory. In each Annual Report following completion of the Transition Plan or at any time promptly upon the direction of KIB, Contractor will update the inventory to reflect acquisition or replacement of Refuse Carts, accompanied by a representation and warranty signed by Contractor that all Refuse Carts meet specifications. 7 -7.07 Customer Billing; Bill & KIB Fee Collection. a. Customer service fees. Contractor will provide billing and bill collection services at the time and in the manner satisfactory to KIB, in amounts equal to the Contractor Service Fee and any other fees directed by KIB. b. KIB fees. (1) Amount. On behalf of KIB, Contractor will charge Customers a fee or fees in the amount directed by KIB. Contractor will not separately itemize that fee or fees on invoices to Customers or any other correspondence with Customers, unless authorized by KIB. 7 -7.08 Containers. a. Providing Containers (2) Recording Fees. Upon receipt of any Customer's payment of fees for Contract Service, Contractor will simultaneously record receipt of KIB's fees in separate accounts within Contractor's detail general ledger. Those fees belong to KIB and not to Contractor. Remitting Fees. Contractor will remit to KIB amounts equal to KIB's fees at the time directed by KIB. Contractor may retain the remaining amounts received from Customers as compensation for fully and timely satisfying Contractor's obligations under this Agreement. (1) New Carts and New or Used Dumpsters. Contractor will provide the following Containers no later than the date provided in Contractor Transition Plan: (i) new Carts having the specifications described in Contractor Documentation as approved by KIB (including bear Carts, a cart designed to be resistant to opening by bears, set out at Premises located outside the City of Kodiak), that can be recycled, and with warranty of at least one year's duration; and (ii) new Dumpsters, having the specifications described in Contractor Documentation as approved by KIB. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (2) New or Used Roll -off Containers. Contractor will provide Roll -off Containers no later than the date provided in the Contractor Transition Plan. Contractor may provide Roll -off Containers that are not new if, in the sole judgment of the KIB Representative, they are in good repair and appearance. Contractor is not obligated to provide a Customer with a Compactor. Contractor will provide additional and replacement Containers (other than Compactors) as necessary to ensure that Customer always has a Container. (2) Container Inventory. As part of Contactor Documentation, Contractor will provide KIB with a copy of Service Asset Documents related to Container acquisition and financing and Container inventory promptly upon Container acquisition and thereafter promptly at KIB request. Contractor will update the Service Asset Documents and Container inventory in each Annual Report and within 10 days of KIB request. b. Changes in Service; Repair or Replacement. Contractor will exchange, remove and /or deliver Containers at the time directed by KIB and surcharges, if any, listed on the Service Fee Table, including for the following: (1) changes in Service, (2) repair of damaged Containers, and (3) replacement of damaged or stolen Containers. c. Locks. Within one week of Customer direction, Contractor will provide locks on a Dumpster for the surcharges listed on the Contractor Service Fee Schedule. 7 -7.09 Customer Service Subscription and Bill of Rights. a. Form and Content. Before commencing new Contract Service or changing Contract Service levels or frequency, Contractor will provide each Customer with a written Customer Service Subscription. Contractor may include a waiver of damage liability and /or Customer indemnity in connection with Collection on a Customer's private driveway or pavement in form and content satisfactory to KIB. b. Service Requests. Contractor will accept Customer's requests for commencement of or changes in regular or special Service by phone, mail, fax or E -mail. c. Copies. Contractor will provide KIB with a copy of any Customer Service Subscription promptly upon request. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK SECTION BREACH LIQUIDATED DAMAGE 4 -4.01 failure to provide Contract Services for any Customer (including missed pickups of Carts) $250 per each failure / per Customer / per day; as evidenced to satisfaction of KIB, including oral or written communication with Customer and review of that Customer's complaint log 4 -4.01 failure to return emptied Container to Set -out Site $100 per failure / per Container / per Collection 7 -7.08 failure to deliver, repair, replace or pick- up Carts, Dumpsters or Roll -offs $100 per failure / per Customer / per day 9.01 / KIB Code failure to timely compensate Customer, or to repair or replace damaged pavements, utilities or Customer property $300 per failure / per Customer / per day 9.01 / KIB Code failure to clean up litter, spills, leaks $100 per incident / per day 9.01 / KIB Code, 10.01 failure to provide KIB access to or copies of Records (including Routing) $100/$200/$300/$400 if not provided within 7 / 14 / 21 / 28 days, of KIB request; and $500 for each week thereafter 4 -4.04 failure to timely return a KIB call in event of emergency $500 7 -7.01 / Customer Complaint Protocol failure to record a complaint $100 per failure 7 -7.01 / Customer Complaint Protocol failure to timely respond and resolve a Customer complaint $250 per failure / per Customer / per day 9.01 / KIB Code failure to observe Collection hours $250 per failure / per Customer 9.01 / KIB Code failure to observe Contractor Office Hours $250 per failure / per day 9.01 / KIB failure to disclose or correctly describe $100 per failure / per Customer 7 -14.01 Liquidated Damages. Liquidated Damages in the chart below apply to each Breach established or substantiated to satisfaction of KIB, for each day (the first occurrence and continuation on successive days). For example, failure to correct a missed pickup would result in liquidated damages on the day of the scheduled pickup and each following day until corrected. KIB's assessment of Liquidated Damages for the following Breaches does not preclude KIB from enforcing the KIB Code for corresponding Violations. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Code Service options to any Customer 9.01 / KIB Code driving overweight vehicles $500 per incident 17.10 discourteous behavior by Contractor's employees or Subcontractors reported by or complained of by Customers to Contractor or KIB $300 per report or complaint / per Customer 9.01 / KIB Code noise emission in excess of prescribed levels $300 per Vehicle / per day Vehicle is used to provide Collection 9.01 / KIB Code failure to maintain Contractor's phone number on Vehicles $200 per failure / per Vehicle / per day Vehicle is in use to Collect Solid Waste 9.01 / KIB Code failure to clean up litter $100 per failure / per spill location / per day 9.01 / KIB Code failure to cover materials in open Collection Vehicles $100 per failure / per truck / per route (first pick -up until delivery to Solid Waste Management Facility 6 -6.01 e, [possibly Attachment 5, if recycling program implemented) failure to deliver any Solid Waste to a facility approved by KIB $1,000 per load for first failure; $5,000 per load for each subsequent failure 7 -7.07 KIB Code charging any Customer in excess of the scheduled Service Fee (such as the incorrect $ /Cart ) $500 per inaccurate invoice / per Customer 9.01 / KIB Code failure to submit any general Customer correspondence, promotional material, news releases, public education or community relations materials to KIB for KIB review $500 per failure / per Customer plus $100 per day prior to retraction or correction of misinformation identified by KIB ATTACHMENT 8: REFUSE DISPOSAL. 8 -1.01 Transportation to KIB Landfill. a. KIB Landfill. Contractor will transport and deliver all Refuse that it Collects to KIB Landfill. Contractor will coordinate that delivery with Holiday Collection schedules and closures for repair and maintenance. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK b. Compliance and cooperation. Contractor will ensure that its vehicles can pass in and out of the door at the baler at KIB Landfill. Contractor will cooperate with KIB Landfill operator and comply with all rules in effect at the KIB Landfill, including the following: (1) delivering Refuse only at the times and on the days specified by KIB; (2) following directions to unload Collection Vehicles in designated areas, (3) accommodating operations and maintenance activities, and (4) complying with Unpermitted Waste exclusion programs. c. Disposal Fees. Contractor will pay Disposal costs. 8 -1.02 Limited Disposal Defense and Indemnification. a. Conduct Included. Contractor will do the following: (1) indemnify, (2) defend with counsel approved by KIB, (3) release, and (4) hold harmless KIB and KIB's Related Parties from and against all Liabilities and Losses paid, incurred or suffered by, or asserted against, KIB or KIB's Related Parties, but only to the extent that those Liabilities and Losses are caused by the following: (i) Contractor negligence or misconduct. The wrongful, willful or negligent act, error or omission, or the misconduct of Contractor; (ii) Non - Customer materials. The collection, transporting, delivery, recycling, processing, composting, disposal or other handling by Contractor of Unpermitted Waste that Contractor Collects outside the Contract Service Area or from Persons other than Customers; (iii) Failure to Comply with Unpermitted Waste Screening Protocol. The failure of Contractor to train its employees as required by Applicable Law or the Unpermitted Waste Screening Protocol, whichever is more stringent; (iv) Contractor - identified Unpermitted Waste. The improper or negligent collection, handling, delivery, processing, recycling, composting or disposal by Contractor of Unpermitted Waste that Contractor inadvertently collects but that is subsequently identified as Unpermitted Waste. KIB acknowledges that the mere presence of hazardous waste in Refuse will not constitute negligence or in and of itself create any liability on the part of Contractor absent any of the circumstances described in items (i) through (iv) of this subsection. b. KIB Sole Negligence Excluded. Contractor is not required to reimburse or indemnify KIB to the extent any Liabilities or Losses are due to the sole negligence of KIB with respect to Contract Services. c. Indemnity With Respect to Contract Services Only. Contractor's Indemnity described in this Section is limited to Liabilities and Losses resulting from and after the Contract COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Capacity / # of Refuse Carts Monthly Service Fee 32 gallon $28.90 64 gallon $34.09 96 gallon $38.31 Each additional 32 gallon $28.90 Each additional 64 gallon $34.09 Each additional 96 gallon $38.31 Residential Roll -off $38.31 Additional Set -Out Fee $6 87 Service Description Contract Section Contractor Service Fee (monthly) On call Collection of Bulky Waste Attachment 4 $25.00 per call (not item) plus Direct Cost of Disposal Commencement Date. d. Statutory Agreement. Contractor's Indemnity under this Section is intended to operate as an agreement under 42 U.S.C. Section 9607(e) and any corresponding Applicable Law provisions of State, to insure, release, protect, hold harmless and indemnify KIB from Liabilities and Losses under this Section. Contractor's Indemnity under this Section includes the specific actions or inactions of Contractor described in items numbered (i) - (ii) consecutively of Subsection a (for example, a driver accepting a Customer bribe and illegally disposing of Unpermitted Waste that upon identification thereof, must be segregated and transported as required by Applicable Law). ATTACHMENT 13.01: CONTRACTOR SERVICE FEE SCHEDULE. Contractor Service Fees adopted by KIB as of the Contract Commencement Date are appended for convenience of the Parties to this Attachment. Under Article 13 and Applicable Law, KIB may amend these Fees, and the Fees will automatically be deemed to apply to this Contract without any further action. Contractor is deemed to have knowledge of Applicable Law, including KIB resolutions and ordinances. However, for convenience of administering this Contract, the Parties may from time to time amend this Attachment by attaching the most recent dated current Contractor Service Fee resolution or ordinance to this Attachment. In addition, if Customer requests Service at a Receptacle capacity and /or Collection frequency not provided in the Contractor Service Fees adopted by KIB, Contractor may charge that Fee following KIB approval and Customer agreement. Contractor Service Fee for Carts (Section / Attachment 4) Contractor Service Fee Surcharges for Carts COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK 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 $530.79 One -time difference between Direct Cost of Cart with / without bear lock Drive in Service — First 100' 2.6 yard $18 40 Drive in Service — 100' — 300' $668.17 $30.67 Drive in Service — More than 300' 3 yard Individually assessed Sargent Creek Roll -Off Clean - up Costs $844.19 $3.68 Dumpster * Size Pickups per Week / Contractor Service Fee (monthly) 1 2 3 4 5 2 yard $176.93 $353.86 $530.79 $707.72 $884.65 2.6 yard $222.72 $445.44 $668.17 $890.89 $1,113.61 3 yard $281.40 $562.79 $844.19 $1,125.58 $1,406.98 3.6 yard $302.24 $604.48 $906.73 $1,208.97 $1,511.21 4 yard $355.11 $710.22 $1,065.33 $1,402.44 $1,775.55 5 yard $357.55 $715.10 $1,072.65 $1,430.20 $1,787.75 5.5 yard $371.76 $743.52 $1,115.28 $1,487.40 $1,858.80 6 yard $424.94 $849.88 $1,274.82 $1,699.76 $2,124.70 8 yard $531.18 $1,062.36 $1,593.54 $2,124.72 $2,655.90 *Contractor Service Fee for multiple Dumpsters is equal to the above scheduled amounts multiplied by the number of Dumpsters. Contractor Service Fee for Dumpsters (Section / Attachment 4) COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Service Description Agreement Section Amount Change in size and number of Dumpster more frequently than once per Contract Year Attachment 4- 4.02b2 $20.00 per exchange per Dumpster Locks on Dumpster Attachment 4- 4.402 Additional $5.00 per month Dumpster Size 10-20 yard $148.50 plus disposal 30-40 yard $198.00 plus disposal 10-20 yard Compactor $148.50 plus disposal plus disconnect fee - $21.25 30-40 yard Compactor $198.00 plus disposal plus disconnect fee - $21.25 70 Contractor Service Fee for Drop Box Service (Section / Attachment 4) Contractor Service Fee (Per Tip) Contractor Service Fee Surcharges for Dumpsters COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK ATTACHMENT 20.01: DEFINITIONS. Affiliate means a Person that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, Contractor. For the purpose of this definition, "control" has the meaning provided in Rule 144 of the Securities Act of 1993. Affiliate Parent means an Affiliate that, directly or indirectly, through one or more intermediaries, controls Contractor. Annual Report means the Report required under Section 10.02 in form and content satisfactory to KIB. Applicable Law means any or all of the following enacted, adopted, promulgated, issued, ruled, ordered, determined or otherwise made by any Regulatory Authority that apply to or govern Contract Services or the performance of the Parties' obligations under this Contract: (1) laws, statutes, (2) rules, regulations, (3) guidelines, (4) Permits, (5) actions, determinations, orders, or (6) other requirements, including Applicable Law concerning the following: (7) health, (8) safety, (9) fire, (10) labor relations, (11) mitigation monitoring plans, (12) building codes, (13) zoning, (14) non - discrimination, (15) Vehicles: such as: (i) air emissions (smog checks); tires; documentation through maintenance log or otherwise of a safety compliance report; Vehicle highway lighting, flashing and warning lights, clearance lights, and warning flags; registration; weight limits; cleaning; enclosure / water-tight beds; (ii) The appropriate class of drivers' licenses issued by the State Department of Motor Vehicles; (iii) any State laws relating to operating equipment construction, safety, and parking and identification, (16) Carts: such as: (i) maintenance and placement of Carts; (ii) placing Contractor's name and telephone number on Receptacle; COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (17) Labor: (i) Drug and alcohol testing; (ii) The Occupational Safety and Health Act, (29 U.S.C. §651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and corresponding State requirements; (iii) Immigration Reform and Control Act of 1986 (PL.99 -603); (18) Environmental Protection: (i) CERCLA; (ii) RCRA; (iii) Clean Air Act, (42 U.S.C. §1351 et seq., 42 U.S.C. §7401 -7642) and Clean Water Act, and; (iv) corresponding State requirements; (v) Emergency Planning and Community Right to Know Act, (42 U.S.C. §11001 et seq.); (vi) regulations governing the recovery of ozone - depleting refrigerants during the Disposal of air conditioning or refrigeration equipment, including 40 C.F.R. Part 82; (vii) any wash -down requirements for containers, trucks or facilities, (19) KIB Code, (20) Miscellaneous: (i) Civil Rights Act of 1964 (Sub chapter VI or Chapter 21 of Title 42); (ii) Customer's privacy rights. Reference to Applicable Law includes amendments and supplements to or replacement, restatement or recodification occurring after the Contract Commencement Date. Base Service Level is described on the Contractor Service Fee Schedule. Bear Cart Breach means Contactor's failure to fully and timely meet any Performance Obligation. Bulky Item(s) means any large item of Solid Waste that can be safely lifted by two individuals using a dolly, generated at Residential Premises and discarded at Residential Set -out Sites, such as the following: (1) furniture, including metal desks and storage cabinets, (2) pianos and organs, (3) televisions, (4) large appliances, including washers, driers, refrigerators, freezers, dishwashers and stoves, (5) toys, bikes and dismantled swing sets, (6) lawn mowers and snow blowers with no gas or oil in them, up to 4 auto or pickup tires per Customer each calendar month, with rims removed, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (7) any item (other than lumber) that can be cut or broken down meeting the following requirements: (i) not longer than 4 feet in length, (ii) weighing no more than 70 pounds. Bulky Items does not mean the following: (1) material generated at non - Residential Premises, including commercial business operations, (2) bundled Yard Waste, branches, (3) sod, soil and rock, (4) broken concrete and asphalt, (5) brick, block and stone, (6) railroad ties or similar type of retaining wall timbers, (7) remodeling debris, including shingles, (8) carpeting, (9) sinks, concrete laundry tubs and cast iron plumbing fixtures, (10) windows and doors, (11) lumber, (12) animal waste, including all excrement from domestic animals and fowl, and all hay, straw or other materials that have been used for animals' or fowls' bedding, (13) liquids, including paint, (14) hazardous waste, including household hazardous waste, (15) fuel oil tanks, (16) any automotive parts (including vehicle batteries and tires). C &D Debris means any Solid Waste discarded in Dumpsters or Roll -off Containers that Contractor must Collect under Section 6 -6.01, such as the following: (1) bundled Yard Waste, branches, (2) railroad ties or similar type of retaining wall timbers, (3) remodeling debris, including shingles, (4) carpeting, (5) sinks, concrete laundry tubs and cast iron plumbing fixtures, (6) windows and doors, (7) lumber. Calendar Year means a period of 12 months of 365 or 366 consecutive days beginning January 1 and ending December 31. (Compare "Contract Year ") Cart means a wheeled receptacle that can be emptied by either semi- or fully- automated vehicles. Change in Law means the following changes occurring after the Contract Commencement Date: (1) the adoption, promulgation, repeal, modification, amendment or other change in Applicable Law or change in judicial or administrative interpretation thereof occurring, other than.. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Collect, Collection or Collecting other form thereof means pick -up and removal of discarded Solid Waste required under this Contract, including Sections 4 -4.01 (from Carts), 4.02 (from Dumpsters) and 4.03 (Bulky Items), 6 -6.01 (4 -yard Dumpsters and Roll -Off Containers) and 6- 6.02 (Roll -off Containers). Collection Commencement Date means the date (July 1, 2010) on which Contractor must begin Collecting solid waste at Customer Set -out Sites. (Compare "Contract Commencement Date"): (1) Attachment 4 -4.03 (residential Carts), (2) 4 -4.04 (commercial Dumpsters), (3) 6 -6.01 (on -call Roll -Off containers), and (4) 6 -6.02 (permanent Roll -off Containers). Collection Hours means the time during which Contractor can Collect Solid Waste under the KIB Code. (i) laws with respect to taxes based on or measured by net income, or (ii) any unincorporated business, payroll or Contract taxes levied by any tax governmental authority (other than any taxes levied by KIB that are obligations of Contractor and not merely fees that Contractor must collect on behalf of KIB), or (iii) employment taxes; or (2) any order or judgment issued by a Regulatory Authority that binds Contractor or has a material impact on Contract Service: (i) if the order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and (ii) unless excused in writing from so doing by the other Party, the Party relying thereon will make or have made, or will cause or have caused to be made, Reasonable Business Efforts (such as retaining counsel) to contest the order or judgment (it being understood that contesting in good faith an order or judgment will not constitute or be construed as a willful misconduct or negligent action of that Party); or (3) the imposition by a Regulatory Authority of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit; or (4) a Regulatory Authority's (i) failure to issue or renew any Permit, (ii) delay in issuing or renewing any Permit, or (iii) suspension, interruption or termination of, any Permit; provided the failure, delay, suspension or termination is not due to the willful misconduct or negligent action or inaction of the Party relying thereon or any third party for whom the Party relying thereon is directly responsible. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Commercial describes Persons (such as Customers) or things (such as Carts, Premises or types of Solid Waste) in the Contract Service Area that are not Residential or Multi - family. Commercial Customer means a Customer who owns or occupies a Commercial Premise. Commercial Premise means each Premise containing that is not a Residential Premise or Multi- family premise, such as businesses. Compactor means a receptacle containing a ram that pushes and compresses waste into a container or bale. Compensatory Damages means "Compensatory Damages" described in Sections 14.01 and 14.05. Contract means this agreement, including the following: (1) all Attachments, (2) all Exhibits and (3) all appended documentation which Attachments, Exhibits and documentation are incorporated in this Contract by reference. Contract Commencement Date means the date March 1, 2010 in which this Contract is signed by Contractor and KIB. (Compare "Collection Commencement Date ".) Contract Manager means the following: (1) Contractor Representative (2) Contractor's officers (3) Contractor's directors, and (4) any individual in a Position of Influence. Contract Service means the MSW Management Services that Contractor must provide for Customers under this Contract, including Performance Obligations in the Attachments 4 (Collection in Carts, dumpsters or compactors), 5 (possible Collection of recyclables in the future), 6 (Collection in roll- offs), 7 (Collection specifications and standards; Customer billing and collection), and 8 (transportation to KIB landfill). (Compare "MSW Management Services ".) Contract Service Area means all land within the boundaries of KIB where Customer' s premises can be served by roads. Contract Service Asset Document means a document that encumbers or limits Contractor's interest in a Contract Service Asset or that evidences Contractor's ownership interest in the Contract Service Asset, such as: (1) lease - purchase agreement, (2) installment purchase agreement, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (3) (4) (5) financing statement, mortgage or other instrument establishing a security interest to or by Contractor, if requested by KIB, documents related to Contractor's rights with respect to the Contractor Service Asset, such as Cart warranties, and if requested by KIB, documents related to operation and maintenance of the Contractor Service Asset. Contract Service Assets means all property, both tangible and intangible (such as facility leases or equipment installment purchase agreements) used directly or indirectly in performing Contract Services, including the following: (1) vehicles, (2) receptacles, (3) operation / maintenance equipment and facilities, (4) administrative / office equipment (such as computer hardware and software, telephones /telefax) and offices. Contract Service Day means a weekday or Saturday on which Contractor must perform Contract Services, Holidays excepted. (Compare "day " and "KIB Business Day ".) Contract Service Exceptions means: (1) Solid Waste Not Proper Placed in Receptacles: discarded Solid Waste (other than any Bulky Item) is not placed inside a Receptacle. (2) Any Receptacle that weighs more than limits prescribed on Receptacle's manufacturer warranty or other documentation acceptable to KIB and noted on the Receptacle. (3) Receptacle or Bulky Items Not Placed at Proper Set -out Site: a Receptacle is not discarded at the Set -out Site, or a Bulky Item or excess Refuse is not discarded at the Set -out Site under 4 -4.04. (4) Unsafe Condition: the Set -out Site is not safely accessible to Vehicles or Contractor's employees. (5) Unpermitted Waste or Unsafe Materials: Contractor observes Unpermitted Waste in a Receptacle or at the Set -out Site. Contractor means the following: (1) the Person named and signing the signature page of this Contract, (2) any transferee of that Person consented to by KIB under Section 16.01 (3) for purposes of Indemnities, Contractor and Contractor's Related Parties. Contractor's actions and Performance Obligations include reference to any Subcontractor's actions under this Contract, as applicable, without specifying in each instance that Contractor must directly take those actions itself, or cause its Subcontractors to take those actions on Contractor's behalf. Contractor Documentation means documentation provided by Contractor to KIB under this Contract in form and content satisfactory to KIB, listed and collected in the Appendix. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Contractor Office means Contractor' s office located in KIB at the address listed in the Appendix. Contractor Office Hours means at least 8:00 a.m. to 5:00 p.m. Monday through Friday (Holidays excepted). (Compare "KIB Office Hours ".) Contractor Payment Obligations means amounts Contactor owes to KIB, including: (1) damages, including Liquidated Damages and Compensatory Damages; (2) reimbursements to KIB, including KIB's Reimbursement Costs; (3) any other amounts provided in this Contract, such as costs of applying to courts for judicial construction of Contract Provisions as defined and under Section 20.05. Contractor Phone Hours are hours (excepting Holidays) between the following times: (1) 8:00 a.m. and 5:00 p.m., Monday through Friday, and (2) if Contractor provides Contract Services on Saturday, from 8:00 a.m. to noon on Saturdays. Contractor Representative means Contractor Representative named by Contractor under Section 17.07b and listed in Contractor Documentation. (Compare "KIB Representative ".) Contractor's Reimbursement Costs means Contractor's Direct Costs plus 10% thereof. (Compare "KIB 's Reimbursement Costs.) Contractor's Related Parties means Contractor's employees, partners, officers, agents, Subcontractors, attorneys, consultants, licensees, invitees and Affiliates. Contractor's Related Parties are third party beneficiaries of provisions that reference them. (Compare "KIB 's Related Parties ".) Contractor Service Fee means the amount listed on the Contractor Service Fee Schedule. Contractor Service Fee Schedule means the schedule appended to Attachment 13.01. Contractor Transition Plan means the plan under Attachment 7 -7.06 in form and content satisfactory to KIB. It is Contractor Documentation. Contract Year means each 12 -month period commencing July 1 and ending June 30, or with respect to less than 12 -month periods following execution, termination or execution of the Agreement, the portion of that 12 -month period. (Compare "Calendar Year ".) Criminal Activity means any of the following: (1) fraud or criminal felony offenses in connection with obtaining, attempting to obtain, procuring or performing a public or private agreement related to recyclables, yard waste, construction and demolition debris, garbage, refuse, or any other solid waste or MSW Management Services of any kind (including collection, hauling, transfer, processing, composting or disposal), including this Contract; COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (2) bribery or attempting to bribe a public officer or employee of a Regulatory Authority; or (3) embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; or (4) unlawful disposal of hazardous, designated or other waste; or (5) violation of the following: (i) securities or antitrust laws (such as laws relating to price - fixing, bid - rigging and sales and market allocation), and (ii) unfair and anti - competitive trade practice laws, including with respect to inflation of waste collection, hauling or disposal fees. Cubic Yard means 46,656 cubic inches. Customer or Customers means a Person who subscribes for Contract Services from Contractor. Customer Complaint Protocol means the protocol under Attachment 7 -7.01 in form and content satisfactory to KIB. It is Contractor Documentation. Customer Service Subscription means the service order form under Attachment 7 -7.09, in form and content satisfactory to KIB. It is Contractor Documentation. Day means a calendar day. (Compare "KIB Business Day " and "Contract Service Day ".) Default means "Default" defined in Section 14.02. Direct Costs means the sum of the following: (1) payroll costs directly related to the performance, or management or supervision of any obligation under the provisions of this Contract, comprised of compensation and fringe benefits, including vacation, sick leave, holidays, retirement, workers' compensation insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (2) the costs of materials, services, direct rental costs and supplies, plus (3) travel and subsistence costs, plus (4) the reasonable costs of any payments to Subcontractors (with respect to Contractor) or contractors (with respect to KIB) or third parties necessary to and in connection with Performance Obligations; plus (5) any other cost or expense which is direct or normally associated with a task performed; plus (6) reasonable litigation costs and expenses, including attorneys' fees (including the reasonable value of the services rendered by KIB Counsel's Office) investigation fees and expert witness fees. which Direct Costs are substantiated by: COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK ( (8) a certificate signed by the principal financial officer of Contractor or an authorized representative of KIB, as the case may be, (i) setting forth the amount of the cost and the reason why the cost is properly chargeable to KIB or Contractor, as the case may be, and (ii) stating that the cost is an arm's length and competitive price, if there are competitive prices, for the service or materials supplied; and if KIB or Contractor requests, as the case may be, the additional back -up documentation to substantiate any Direct Cost, including invoices from suppliers, Subcontractors and contractors. Direct Costs excludes profit or return on investment. Disposal or Dispose or other form thereof means final deposition or destruction of Solid Waste. Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from disposal. Drive -in and Service means when the contractor is required to leave the public right -of -way or private property. enter a driveway, private road, Dumpster means a receptacle for discarded solid waste that has slots to allow pick -up by the forklifts, generally a metal box with lid also referred to as "bin ". Elderly or Handicapped means any Residential Customer who meets the following criteria: (1) has handicapped status recognized by the State Department of Motor Vehicles, or (2) is over 65 years old as evidenced by birth dates on driver's licenses, birth certificates, passports, green cards or other documentation issued by a Regulatory Authority, and (3) provides written representation that he or she is functionally unable to roll his or her Refuse Cart to the curb, and that there is no one else residing in that Customer's premises who is functionally able to roll that Refuse Cart to the curb. Goods or Services means goods or services used in providing Contract Services, including the following: (1) labor, (2) leases and subleases, (3) equipment, (4) supplies, (5) capital, (6) insurance, if the insurer is an Affiliate, (7) bonds or other credit support if the surety or other provider is an Affiliate; and (8) legal, risk management, general and administrative services. Guarantor means the Person executing the Guaranty. COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK Guaranty means the guaranty in substantially the form attached as Exhibit 11.04, as approved by KIB, signed by Guarantor. Herein, Hereof, Hereunder and variations mean "in this Contract ", "of this Contract ", "under this Contract "; "hereinbefore" and "hereinafter" mean before and after the Contract Commencement Date, respectively. Holidays means days on which KIB offices are closed for business to the public, comprised on the Contract Commencement Date of the following days: (1) (2) (3) (4) (5) (6) (7) ( (9) (10) New Year's Day, Martin Luther King Day President's Day S eward' s Day Memorial Day, Independence Day, Labor Day, Veteran's Day Thanksgiving Day and the day after Thanksgiving and, Christmas. Including or Include or variations thereof means "including without limitation, "including, but not limited to" and "including, at a minimum ". Indemnities or Indemnity or Indemnification or variations thereof means hold harmless obligations, defenses, indemnities and releases under this Contract, including under Attachment 8 -8.01 and Section 11.02. Independent Expert is the Person having the qualifications and selected under Section 12.03. Insurance means the insurance coverage described in Section 11.01. KIB means the following: (1) Kodiak Island Borough, and (2) any transferee of Kodiak Island Borough under Section 16.O1a, and (3) for purpose of Indemnities, Kodiak Island Borough's Related Parties. KIB Business Day means any day on which KIB Administration office is open to do business with the public. (Compare "Contract Service Day") KIB Code means municipal law of KIB. KIB Governing Body means KIB Assembly. KIB Office Hours means the hours of any KIB Business Day on which KIB Administration office is open to do business with the public. (Compare "Contractor Office Hours ".) COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK KIB Representative means the individual holding the position named by KIB under Section 17.07a. (Compare "Contractor Representative ".) KIB's Reimbursement Costs means KIB' s Direct Costs plus 15 %. (Compare "Contractor's Reimbursement Costs ".) KIB's Related Parties means KIB's officers, employees, agents, contractors, attorneys, administrators, affiliates, representatives, servants, insurers, heirs, assigns, volunteers and each and every one of them. They are third party beneficiaries of provisions in this Contract that reference them. (Compare "Contractor's Related Parties ".) KIB Landfill means the landfill owned by KIB. Letter of Credit means the letter of credit described in Section 11.03. It is Contractor Documentation. Liabilities and Losses means all of the following: (1) liabilities, (2) lawsuits, (3) claims, (4) complaints, (5) causes of action, (6) citations, (7) investigations, (8) demands, (9) clean -up orders, (10) damages (including actual, special, consequential and punitive) whether in contract or in tort, such as natural resource, property and personal injury damages, (11) costs and expenses, including (i) all costs and expenses of litigation, mediation or arbitration, accountants fees, engineers fees, attorneys fees (whether KIB's or Contractor's staff attorneys or outside attorneys) and other consultant's fees, expert witness fees, and court costs, and (ii) response remediation and removal costs, (12) losses, (13) debts, (14) liens, (15) mediation, arbitration, legal or administrative proceedings, (16) interest, (17) fines, charges, penalties, and (18) other detriments of every nature and description, whether under state or federal law. Liquidated Damages are described in Section 14.01. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Monthly Report means the report prescribed by Attachment 10.02a MSW Management Services means: (1) collection, transportation, storage, transfer, or processing of solid waste; and /or (2) arranging for disposal of solid waste. Multi- family describes Persons (such as Customers) or things (such as Carts or types of Solid Waste) in the Contract Service Area that are not Residential. Multi- family Customer means a Customer who owns or occupies a Multi- family Premise. Multi- family Premises means premises that are not residential premises (and therefore contains 4 or more dwelling units) including apartment complexes and trailer courts. Non - Collection Notice means a notice in form and substance satisfactory to KIB left by Contractor in event of Contract Service Exceptions, such as Discard of Unpermitted Materials. Notice or Notify or other variation thereof means notice given under Section 19.01. "Due Notice" or "Notice duly given ", refers to Notice given under Section 19.01. Own, Owner or Ownership or other variation there or has the meaning provided in the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the Contract Commencement Date , except that (1) 10% is substituted for 50% in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; (2) Section 318(a)(5)(C) is disregarded, and (3) ownership interest of less than 10 percent is disregarded and percentage interests is determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. Party and Parties means the following 2 Persons, individually and together: (1) KIB, and (2) Contractor. Performance Assurances means each and every Indemnity, Insurance, Letter of Credit and Guaranty, and any other instrument described in Article 11. Performance Obligations means each and every obligation and liability of Contractor under this Contract. Permit means the following: (1) permit, (2) registration, (3) order, COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (4) license (including business license), (5) approval, (6) authorization, (7) consent and (8) entitlement of whatever kind and however described that Applicable Law requires Contractor to obtain or maintain with respect to satisfaction of Performance Obligations, as renewed or amended from time to time. Person means any of the following: (1) individual, (2) sole proprietorship, (3) firm, (4) association, (5) organization, (6) partnership (whether limited or general), (7) corporation, (8) trust, (9) joint venture, (10) Regulatory Authority, or (11) any other entity. Position of Influence means a position of authority or responsibility to directly or indirectly administer, manage, direct, supervise or oversee Contract Services or this Contract, including the following: (1) Affiliate Parents' officers; (3) Affiliate Parents' directors; (4) individual who reviews or negotiates Contractor' s contracts (including this Contract); (5) individual who provides in -house legal services; (6) Affiliate insurer (captive insurance), (7) Guarantor, and (8) Affiliate surety or other Person providing Performance Assurance. Premises means a tract of land with habitable buildings located in the Contract Service Area and safely accessible by Vehicles. Processing means solid waste: (1) reduction, (2) separation, (3) recovery, (4) conversion or (5) recycling, and (6) creating compost. processing does not mean baling refuse. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Processing means "processing" of Solid Waste. Promptly or Prompt means as soon as practicable, but not more than two days. Quarter means any of all of the following periods, as the context demands: (1) January, February, March ( "1st Quarter "), (2) April, May, June ( "2 Quarter "), (3) July, August, September ( "3 Quarter "), (4) October, November, December RCRA means the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.). Reasonable Business Efforts means those efforts a reasonably prudent business Person would expend under the same or similar circumstances in the exercise of that Person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which that Person has undertaken to satisfy. Receptacle means any Cart, Dumpster, Roll -off Container or other receptacle (such as bags designed for solid waste discard, but not shopping or grocery bags) for storing discarded Refuse. Records means information relating to Contract Services and other Performance Obligations, including documentation in any form or media, including: (1) ledgers and books of account, (2) invoices, vouchers and canceled checks, (3) logs and correspondence, (5) data and computations, (6) files, (7) reports, (8) drawings, plans and designs (other than those respecting facilities or facility operations that do not involve Collection, such as materials recovery facility plans and specifications), and (9) photographs. Recyclables means Solid Waste that is recyclable. Recycle, Recycling or Recyclable means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the market place. Recycled Content Procurement Policy means KIB' S current buy - recycled policy, if any. Refuse means Solid Waste comprised of rubbish, trash and garbage, excluding any Bulky Item that Contractor Diverts. ( "4 Quarter "). COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Regularly Scheduled Collection Day(s) means the same day(s) each week on which Contractor provides Collection to a Customer. Regulatory Authority means each of the following that has jurisdiction over either Party or this Contract: (1) the United States, (2) the State and other states, (3) KIB, (4) governmental authorities, agencies and districts, (5) governmental boards and commissions, (6) federal, state and local courts, and (7) any other municipal, governmental or public bodies. Report means any report that Contractor is obligated to provide under this Contract, including Section 10.02. Residential describes Persons (such as Customers) or things (such as Carts, Premises or types of Solid Waste) in the Contract Service Area that reside or are related to Residential Premises. Residential Customer means a Customer who owns or occupies a Residential Premise. Residential Premise means a premises meeting both of the following conditions: (1) It contains one, two or three dwelling unit(s), and (2) Each dwelling unit is occupied by related individuals or by 5 or fewer unrelated individuals. Roll Off Container means an open - topped rectangular containers for storage, collection and transport of Solid Waste that are rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). 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. Service Day means a weekday or Saturday, Holidays excepted, when Contractor must provide Contract Services. (Compare "KIB Business Day") Set -out Site means the location agreed to by Contractor and the Customer and indicated on the Customer Service Subscription or required by KIB, where Customer must place its Carts for Collection, including: (1) Residential curb: on the curb in front of Residential Premises; in the street immediately adjacent to that curb or; if there is no curb, at the edge of Customer' s COLLECTION SERVICES CONTRACT Kodiak Island Borough, AK (2) (3) property abutting the street, unless Contractor provides Roll -out Service or Up -the- Drive Service; Roll -out Service: at the storage location agreed upon between a Residential Customer and Contractor and included on the Customer Service Subscription; and. Up- the -Drive Collection: at the storage location agreed upon between a Residential Customer and Contractor. Solid waste means "municipal solid waste" defined under AS 46.03.900. Solid Waste means "municipal solid waste" discarded in Receptacles located in the Contract Service Area that Contractor must Collect, including: (1) Refuse, (2) Recyclables, (3) Bulky Items, and (4) C &D Debris. but excluding Unpermitted Waste. Solid Waste Management Facility means the following facilities, individual and together, as the context demands: (1) KIB Landfill, and (2) any other facility that handles Solid Waste and that is approved by KIB. State means the State of Alaska. Subcontract means any arrangement, formal or informal, written or merely in practice, between Contractor and a Subcontractor, including: (1) contracts or agreements, (2) letters or memorandum of understanding or intent, (3) subscription or purchase orders. Subcontractor means anyone Person that provides Goods or Services related to Collection, transportation or storage of Solid Waste or related to Service Assets, including their operation, maintenance and repair, to or on behalf of Contractor. Term of this Contract means the period beginning on the Contract Commencement Date and ending on the Termination Date. Termination Date means the date this Contract expires or is earlier terminated. Termination Events are listed in Section 15.O1a. Ton (or Tonnage) means a short ton of 2,000 pounds avoirdupois. Transfer means any of the following: COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (1) selling, exchanging or otherwise transferring Ownership or control of Contractor (through sale, exchange or other transfer of outstanding stock, partnership shares, equity interest or otherwise); (2) issuing new stock or selling, exchanging or otherwise transferring 20% or more of the then outstanding common stock of, or partnership shares or equity interest in, Contractor; (3) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or re- issuance, voting trust, pooling agreement, escrow arrangement, liquidation, buy -out or other transaction which results in a change of Ownership or control of Contractor; (4) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment of an execution, being levied against Contractor, appointment of a receiver taking possession of any of Contractor's tangible or intangible property; (5) any sale or other transfer of 50% or more of the value of assets of Contractor except for sales or transfers to parents, grandparents, siblings, children, and grandchildren of persons having a shareholder, partnership or other equity interest in Contractor on the Contract Commencement Date ( "Immediate Family ") or trust created primarily to benefit members of the Immediate Family; (6) substitution by a surety company providing any performance bond of another Person for Collector to perform Contract Services; and (7) assumption of any of Contractor's rights under this Contract, or (8) assumption by, delegation to or takeover of any Performance Obligations or any other Contractor's duties or responsibilities under this Contract by any Person other than Contractor, whether by Subcontract (unless approved by KIB under Section 17.10) or any other mechanism. (9) any combination of the forgoing (whether or not in related or contemporaneous transactions), without consideration, which has the effect of any transfer or change of Ownership or control of Contractor. For the purpose of this definition, "control" has the meaning provided in Rule 144 of the Securities Act of 1993 Transition Plan means the plan under Attachment 7 -7.04, in form and content satisfactory to KIB. It is Contractor Documentation. Uncontrollable Circumstance(s) means any of the following events: (1) any natural disaster such as landslide, lightning, earthquake, fire, flood, tsunami, (other than reasonably anticipated weather conditions for the geographic area of KIB, such as wind, rain or snow); (2) sabotage, explosion; (3) insurrection, riot or civil disturbance, war or other emergency affecting KIB declared by the President of the United Sates or Congress of the United States, the State Governor or KIB Governing Body; (4) failure of public agency or private utility to provide and maintain water, power or service in KIB or at Contractor's operations and maintenance yard or administrative offices; 5) other catastrophic events beyond the reasonable control of that Party and not the COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK result of willful or negligent action or inaction of that Party (other than the contesting in good faith or the failure in good faith to contest that action or inaction), which materially and adversely affects the ability of either Party to perform any obligation under this Contract despite that Party's exercise of due diligence. Uncontrollable Circumstances excludes, without limitation: (1) Breach, Default or Contractor' s financial inability to satisfy its Performance Obligations; (2) strikes, work stoppages or other labor disputes or disturbances of any Subcontractor or Contractor's inability to hire adequate numbers of personnel who are competent and skilled in the work to which they are assigned; (3) failure of Contractor to obtain Permits and patents, licenses, or trademarks necessary to perform Contract Services; and (4) the failure of any Contract Service Asset to function under any warranties, unless caused by Uncontrollable Circumstances. Unpermitted Waste means materials that cannot be disposed of in the KIB Landfill under Applicable Law of the State or KIB rules. Unpermitted Waste Screening Protocol means the protocol under Section 7 -7.02, in form and content satisfactory to KIB. It is Contractor Documentation. Vehicle means any truck used to provide Contract Services. Violation means any noncompliance with Applicable Law as evidenced by written notice, assessment or determination of any Regulatory Authority to Contractor, whether or not a fine or penalty is included, assessed, levied or attached. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK "CONTRACT MANAGERS" CONTRACTOR AFFILIATE PARENT SUCCESSIVE AFFILIATE PARENT (1) CONTRACTOR REPRESENTATIVE (2) OFFICERS: Chief Operating Officer Chief Financial Officer (3) Management Board 1. 2. 3. 4. 5. (4) "POSITION OF INFLUENCE" (1) officers of Parent Affiliate President Vice - President Secretary Treasurer APPENDIX: CONTRACTOR INFORMATION AND DOCUMENTATION Name and /or Title Telephone Email Telefax Postal address Delivery address Contractor Representative 17.07b Jeff Riley, COO 907.273.2763 jeffr@akwaste.com 907.273.2730 6301 Rosewood St Anchorage, AK 99518 6301 Rosewood St Anchorage, AK 99518 Contractor Notice 19.01 Jeff Riley, COO 907.273.2763 jeffr@akwaste.com 907.273.2730 6301 Rosewood St Anchorage, AK 99518 6301 Rosewood St Anchorage, AK 99518 "Contractor Office" (local) Attachment 21.01 Caroll Mahoney, Site Manager 907.486.5308 carollm@akwaste.com 907.486.2300 1621 Mill Bay RD Kodiak, AK 99615 1621 Mill Bay RD Kodiak, AK 99615 Attachment 21.01 "Contract Managers" (with respect to Section 15.02 Criminal Activity) COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK (2) Directors of Parent Affiliate (3) individual who reviews / negotiates Contract (4) individual providing in- house legal services (5) Guarantor (6) Affiliate insurer (7) Affiliate surety etc. COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK CONTRACTOR DOCUMENTATION (in form and content satisfactory to KIB) 7 -7.01 CUSTOMER COMPLAINT PROTOCOL 7 -7.02 UNPERMITTED WASTE SCREENING PROTOCOL 7 -7.03 TRANSITION PLAN 7 -7.07 CUSTOMER BILLING AND BILL COLLECTION PROCEDURE 7 -7.08 CART INVENTORY AND SERVICE ASSET DOCUMENTATION (purchase invoices & warranties) 7 -7.09 FORM OF CUSTOMER SERVICE SUBSCRIPTION; "BILL OF RIGHTS" 11.01 EVIDENCE OF INSURANCE: (1) COIs, (2) ENDORSEMENTS, (3) SCHEDULES 11.03 LETTER OF CREDIT 11.04 GUARANTY COLLECTION SERVICES CONTRACT 1 Kodiak Island Borough, AK Jeff Riley Alaska Waste Mr. Riley, I thought you might be interested in some background information regarding our bear - resistant curbside carts. As you know, BearSaver has been fabricating and selling bear - resistant trash, recycling and food storage enclosures for many years. By far, our largest customer historically has been the Federal Government; the National Park Service, U.S. Forest Service, Fish and Game and BLM specifically. Although their main areas of concern are for public lands, there was always a concern for bears on private lands as well. To address these issues and a growing market, BearSaver was asked on many occasions to provide residential and commercial solutions. Our challenge was to design a residential curbside cart that was bear - resistant, easy to use and cost effective. We researched this for almost two years with the main elements of research being bear capabilities and human behavior. One of BearSaver's primary "claims to fame" has always been self - latching mechanisms that remove the need for unnecessary secondary operations in order to re -latch the container. This consistent on everything we make. In working with Alaska Fish and Game in the Kenai area, we observed in person what happens when it's left up to the individual property owners to make sure their cart is properly latched. In a study of over 100 "bear- resistant" carts with lid clips that were in service for about a year, it was recorder that over 80% of the lid clips were not properly engaged on both sides. This observance gave us our primary design criteria moving forward. We already knew by our years working with bear biologists from the National Park system, the basic capabilities of different bears. We had also done extensive testing at the Grizzly and Wolf Discovery Center in West Yellowstone, MT using the protocols established by the Interagency Grizzly Bear Committee. We tested ten different configurations during that process, most with bears that weighed more than 750 lbs. We learned where the weaknesses were and how to overcome those weaknesses. To date, there are about 40,000 BearSaver carts in service throughout the U.S. and Canada. Our failure rate is less than 1 %. Overfilling causes most failures, which bends the lid reinforcement thus causing a gap that any bear can compromise. In summary, reinforcing a plastic container, if done properly, can provide an excellent deterrent against bear intrusion. Normally, a bear will knock over the container, jump on it few times then walk away in search of an easier meal. Naturally, if given enough time, anything not made of steel will be compromised. However, under normal conditions, and with proper usage, BearSaver curbside carts prove to be are a very effective deterrent. Sincerely, Steve Thompson Director of Marketing and Sales, BearSaver PH 909 - 605 -1697, FAX 909 - 605 -7780 sales @bearsaver.com www.bearsaver.com 1390 S. Milliken Ave., Ontario, CA 91761 Contact: Tracy Mitchell Environmental Specialist, Kodiak Island Borough Phone: 486 -9348 Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9301 Fax (907) 486 -9374 FOR IMMEDIATE RELEASE Kodiak Island Borough Looks Forward to New and Improved Solid Waste Collection Services Introduction of new services and lifelong Alaska resident, Jeff Riley, of Alaska Waste Who is Jeff Riley? Born in Kenai, Jeff Riley loves to cook for his family and friends. He now lives in Anchorage with his wife and two daughters. Over the years, his family has enjoyed soccer, basketball, volleyball, plus golf and gardening during the summer. They keep a worm composting bin in their garage to recycle their food scraps. In the spring, Jeff uses the worm casings to supplement the soil in their patio garden of flowers. Mr. Riley has worked in the solid waste industry for over 16 years with considerable experience in establishing and providing management and support in all areas of daily operations, safety, and customer service. He oversees Alaska Waste's operations in the Municipality of Anchorage providing service to approximately 50,000 residential homes. He has a proven track record managing start up projects and new contracts. While at Alaska Waste the company has started two new "green" collection programs; used cooking oil and commingled residential curbside with plans for a third program with the start up of post consumer food waste collection. What are Alaska Waste's goals in providing solid waste collection services for residents of Kodiak? 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 curbside recycling How will the new service work? Kodiak residential customers will be serviced by 1 of 3 ways depending on where you live: 1. BEAR CART AREA: Weekly curbside 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. 2. DOWNTOWN CORE: Weekly curbside 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. How will the bear area work? The bear area is viewed as a "test" area for wildlife experts to observe the behavior of humans, bears and the effectiveness of equipment. Alaska Waste will provide residents with regularly - scheduled weekly removal of waste. What will be the rate for the new residential service? The Kodiak Island Borough landfill operates as an Enterprise Fund which is similar to a not-for-profit business where revenues must meet expenses. For many years revenues were not meeting expenditures and there were regulatory compliance issues that were not being adequately addressed. Therefore, in 2003 residential and commercial rates were raised for the first time in 7 years. In 2005, commercial rates were raised again to balance the budget. The proposed monthly rates listed below are very similar to what residential customers are currently paying. While these proposed rates are not cast in stone, substantial rate increases are not expected to occur during the term of the collection contract. The following prices include use of the carts and residential roll -offs (dumpsters). In the bear area: $32.60 for 64- gallon cart $36.40 for 96- gallon cart In the downtown core area: $27.92 for 32- gallon cart $32.60 for 64- gallon cart $36.40 for 96- gallon cart In the area defined past Dead Man's Curve - Bell's Flats, Chiniak and Pasagshak: $36.40 per residence What if I live in an apartment building or multi - family housing? The new automated collection service will be available to all residential customers. Often larger housing units, such as triplexes, 4- plexes, condos and apartment buildings, have a commercial dumpster service. If you live in an apartment or multi - family dwelling your complex will be serviced by a commercial dumpster. What if I can't get my cart down to the pickup point? Alaska Waste is committed to tailoring their services to meet the individual needs of Kodiak customers and ensure consistent services at both the local and state levels. If you have a concern, special need or circumstance, contact Alaska Waste at the time the collection contract is implemented (most likely July 1, 2010) to communicate your needs. For more information please contact Tracy Mitchell, Environmental Specialist for the Kodiak Island Borough at 486 -9348. TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 4, 2010 REGULAR MEETING ITEM NO: 13.B.1 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). This resolution approves the changes proposed by the AML /JIA to the Cooperative Participation Agreement and Bylaws of the AML /JIA (see letter dated November 9, 2009 from Pete Sprague, Chairman, AML /JIA Board of Trustees). The Kodiak Island Borough has been a member of the insurance pool since July, 1990. One of the more significant changes deals with the method of changing the bylaws. Instead of a vote of the members which is very difficult and is a very long process, changes could be made by the board of directors with at least a two thirds vote. These amendments would also change the way that gains and losses are accounted for. At this time each year stands on its own. This would change it so that years would be combined. This way a surplus in one year could cover a loss in another year. Staff recommends adoption of Resolution No. FY2010 -28 approving the proposed amendments to the Cooperative Participation Agreement and By -Laws of the Alaska Municipal League /Joint Insurance Association. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -28. 1 Introduced by: Manager Gifford 2 Requested by: KIB Assembly 3 Drafted by: Finance Director Short Introduced on: 03/04/2010 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -28 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 APPROVING THE PROPOSED AMENDMENTS TO THE COOPERATIVE PARTICIPATION 11 AGREEMENT AND BYLAWS OF THE ALASKA MUNICIPAL LEAGUE/ 12 JOINT INSURANCE ASSOCIATION (AML /JIA) 13 14 WHEREAS, AS 21.76 enacted by the 1986 Alaska Legislature provides a means for local 15 governments and school districts to join together in a joint insurance arrangement intended to 16 mitigate the cyclical and erratic nature of the conventional insurance market; and 17 18 WHEREAS, the Alaska Municipal League Joint Insurance Association, Inc. (AML /JIA), a not - 19 for - profit corporation, was established pursuant to AS 21.76 by the Alaska Municipal League to 20 provide risk management services for Alaska municipalities, city and borough school districts and 21 regional education attendance areas; and 22 23 WHEREAS, this Association provides risk management services, including pooling of risks, 24 self- insurance management, joint purchase of insurance, claims administration, loss prevention 25 and control, claims defense and other related risk management services on behalf of its 26 participants; and 27 28 WHEREAS, AS 21.76.010 provides that two or more local governmental entities may enter into 29 cooperative agreements for these purposes; and 30 31 WHEREAS, since the time of formation and in subsequent revisions, the AMLJIA's current 32 Cooperative Participation Agreement and Bylaws are out -dated and need revision. 33 34 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT THE KODIAK ISLAND HEREBY: 36 37 Section 1: Indicates its approval of the proposed amendments to the Cooperative Participation 38 Agreement and Bylaws of the AML /JIA, a copy of which is attached hereto and 39 incorporated by reference. 40 41 Section 2: Approves the revised Cooperative Participation Agreement (hereinafter the 42 "Agreement ") among municipalities, school districts and regional education 43 attendance areas creating the AML /JIA, a copy of which is attached hereto and 44 incorporated by reference. The chief administrator is hereby authorized and directed 45 to execute said Agreement and such other documents as may be necessary to 46 effectuate participation of the entity as a member of the AML /JIA. 47 48 Section 3: Indicates its continued commitment to participate in the AML /JIA, organized 49 pursuant to AS 21.76. By making this commitment, the entity hereby accepts and 50 approves the revised Bylaws of the Association, a copy of which is attached hereto 51 and incorporated by reference. Kodiak Island Borough Resolution No. FY2010 -28 Page 1 of 2 52 53 Section 4: Indicates the agreement will go into effect upon receipt by the Association of a 54 signed copy of this resolution and a signed Agreement. The Entity's participation in 55 the Association continues for a term of one year commencing on July 1 of the 56 calendar year in which coverage begins. 57 58 Section 5: Approves this resolution shall be effective upon enactment. 59 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2010 63 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 70 Jerome M. Selby, Borough Mayor 71 72 ATTEST: 73 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -28 Page 2 of 2 Alaska Municipal League Joint Insurance Association, Inc. 807 G Street. Suite 356 • Anchorage, Alaska 99501 • Phone (907) 258 -2625 • Fax (907) 279 -3615 MEMORANDUM Date: November 9, 2009 From: Pete Sprague, Chairman, AMLJIA Board of Trustees To: AMLJIA Members REGARDING: Legal Documents Review The AMLJIA was created in 1988. In the past twenty -one years, we've become very experienced in the operation of risk management and joint insurance programs. As we work to improve our service to you, we have found that sometimes ideas that the staff, board of trustees or members has to improve the pool are delayed by our out -of -date legal documents. In April 2008, the AMLJIA began to explore ways to reduce contributions for members. While exploring the concept of creating a dedicated fund for this purpose, the board discovered inconsistencies in the documents. These issues posed roadblocks to providing necessary and appropriate benefits to the membership. The trustees formed an ad hoc Legal Documents Review Committee which has worked to revise and improve our governing documents. Enclosed with this memorandum are the results of that work. The Cooperative Participation Agreement is the agreement that your entity enters into with other pool members. The Bylaws guide the association board and staff in the day -to -day operation of the pool. Both of these documents need to work in concert. However, we found that in some cases, there were conflicting provisions. In other cases, these documents were too limiting and did not allow the AMLJIA to function in the best interests of the membership. Particularly in the case of amending the documents, the existing rules were simply too unwieldy. The AMLJIA needs to respond quickly to changing member needs and the economic environment. The existing documents make this too difficult for doing what is best for our membership. Enclosed, you will find "redline" versions of both the Cooperative Participation Agreement and the Bylaws. One significant change in the documents is that the authority to amend them will rest with a super - majority vote of the Trustees, who are selected from the membership of the AMLJIA. The current Bylaws require that we get a two- thirds vote of the entire membership via a resolution to amend. This can be very cumbersome because of the scheduling of council, assembly, and school board meetings. If your governing body passes the attached resolution, you will not need to review these documents again. In this rewrite, we have removed outdated language like that in Article 13 which hasn't applied since the first year of operation. Other changes include providing the board more discretion to make timely business decisions in the best interest of the members, making the documents consistent with current and future best business practices, clearly stating that net assets belong to the organization for the benefit of the membership, restating and clarifying that assessments are possible as we believe is required by Alaska Statute and providing the Board with the flexibility to protect members from any such assessment. This last point is key. The AMLJIA is very well funded, but the current documents seem to require that each year must stand on its own. Therefore, rather than a single fund that ebbs and flows with the good and bad loss years, we were concerned we may be required at some point by our current documents to assess for bad loss Legal Documents Review Page 2 years even though we have sufficient funds in our reserve account. This makes no sense. The board never wants to be in that position, as we see assessments as the very last resort. Joe Evans, chair of the Legal Documents Review Committee, will go through the proposed changes at the members' annual breakfast at 7:30 a.m., Thursday, November 19, 2009, in the Whale's Tale in the Captain Cook Hotel, Anchorage. If you have specific questions or concerns, please contact Kevin Smith, Executive Director, at 800-337-3682, or kevinsgamlj ia.org, or Joe Evans, Legal Documents Review Committee Chair at joegjwevanslaw.com. These documents are the cornerstone of our organization. Your adoption of the resolution to approve these changes will provide us with documents that are consistent and will allow the AMLJIA to best serve its membership in the future. Upon approval, please send your resolutions to: AMLJIA, 807 G Street, Suite 356, Anchorage, Alaska 99501. Thank you. Alaska Municipal League Joint Insurance Association, Inc. COOPERATIVE PARTICIPATION AGREEMENT July 1, 2 005 10 AML /JIA: Cooperative Participation Agreement Adopted J.- nua L ? July 1, 20101 TABLE OF CONTENTS COOPERATIVE PARTICIPATION AGREEMENT Introduction 1 Section 1: Definitions 1 Section 2: Purposes 2 Section 3: Parties to Agreement 2 Section 4: Term of Agreement 2 Section 5: Liability of Association 2 Section 6: Powers of Association 3 Section 7: Board of Trustees 3 Section 8: Powers of the Board of Trustees 3 Section 9: Insurance Coverage 3 Section 10: Development of the Joint Insurance Arrangement 3 Section 11: Method of Apportioning Costs 4 Section 12: Accounts and Records 5 Section 13: Responsibility for Monies 5 Section 14: Responsibilities of the Association 6 Section 15: Responsibilities of Participants 6 Section 16: Claims Administration and Payment of Losses 7 Section 17: Coverage Determination and Appeal 7 Section 18: New Members 8 Section 19: Withdrawal 8 Section 20: Cancellation 8 Section 21: Termination and Distribution 8 Section 22: Bylaws 9 Section 23: Notices 9 Section 24: Amendment 9 Section 25: Prohibition Against Assignment 9 Section 26: Agreement Complete 9 Section 27: Governing Law 9 Section 28: Construction of Contract 10 Section 29: Conformity to Statute 10 Signatory Page 11 Exhibit #1: Roster of Participants Exhibit #2: Board of Trustees list AML /JIA: Cooperative Participation Agreement Adopted January 28 2005July 1, 20101 COOPERATIVE PARTICIPATION AGREEMENT THIS AGREEMENT is made and entered into in the State of Alaska by and among the Alaska Municipal League Joint Insurance Association, Inc., and the participating local public entities, hereinafter collectively referred to as "Participants" or "Participating Members," and individually as "Participant," which are parties signatory to this Agreement. WHEREAS, AS 21.76.010 provides that two or more local governmental entities may, by Cooperative Agreement, enter into joint insurance arrangements for certain purposes by any one or more of certain specified methods; and WHEREAS, each of the parties to this Agreement desires to join together with the other parties for the purpose of pooling self- insured losses and the group purchase of insurance, excess insurance, reinsurance or other reserve funding mechanisms, and administrative services in connection with a Joint Insurance Arrangement; and WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do so; NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: SECTION 1: General Provisions and Definitions. The following definitions shall apply to the provisions of the Agreement: (1) "Administrator" shall mean the person appointed by the Board of Trustees to serve as chief executive officer (executive director) of the Association. (2) "Association" or "JIA" shall mean the Alaska Municipal League Joint Insurance Association, Inc., a nonprofit corporation organized under the laws of the State of Alaska. (3) "Board of Trustees" or "Board" shall mean the governing body of the Association acting as a board of directors. (4) "Bylaws" shall mean those bylaws of the Alaska Municipal League Joint Insurance Association, Inc., as adopted by the Board of Trustees of such Association, and as thereafter duly amended. The bylaws, including without limitation, all definitions set out therein, are incorporated herein by this reference. (5) "Claim" shall mean a demand made against the Association arising out of an occurrence that is within the scope of coverage of the Association's Joint Insurance Arrangement as developed by the Board. (6) "Excess insurance" or "reinsurance" shall mean that insurance coverage purchased on behalf of the Association to protect the funds of the Association against catastrophes or an unusual frequency of losses during a single year. (7) "Fiscal Year" shall mean that period of twelve months that is established as the fiscal year of the Association. AML /JIA: Cooperative Participation Agreement Page 1 of 14 Adopted January 2 Lnn5 July 1, 2010 ( "Insurance" shall mean and include self- insurance through a funded program and /or any commercial insurance contract. This joint insurance arrangement shall not be considered insurance for any other purpose, pursuant to AS 21.76.020(a[Ks21). Notwithstanding the foregoing definitions, the parties hereto agree that the words and phrases defined above shall be interpreted as defined by the policy of excess insurance or reinsurance in effect at the time of the occurrence that gives rise to the question of interpretation. This Agreement is not intended to be a contract for insurance. SECTION 2: Purposes. This Agreement is entered into by the Participants in order to provide more comprehensive and economical coverage, to provide for the pooling of contributions in order to assume risks from losses to the Participants on a group basis, to provide self- insurance coverage to the Participants for all forms of insurance available or required by law for local public agencies and for which state law authorizes the formation of joint insurance arrangements to provide such insurance, to reduce the amount and frequency of Participants' losses, and to decrease the cost incurred by Participants in the handling and litigation of claims. This purpose shall be accomplished through the exercise of the powers of the Participants jointly in the creation of the Association to administer a Joint Insurance Arrangement wherein Participants will pool their losses and claims, jointly purchase insurance, and provide reserve funding mechanisms and administrative and other services, including claims adjusting, risk management consulting, loss prevention, legal and related services, as authorized pursuant to AS 21.76. SECTION 3: Parties to the Agreement. Each Participant certifies that it intends to, and does, contract with all other Participants and, in addition, with such other parties as may later be added to and become signatories of this Agreement. Each Participant also certifies that the deletion of any Participant from this Agreement, shall not affect the validity of this Agreement or such Participant' s intent to contract as described above with the other Participants to the Agreement then remaining. A roster of Participants to the Agreement is attached hereto as Exhibit 1.. SECTION 4: Term of Agreement. This Agreement shall become effective on the date coverage commences for the Participant. The Agreement shall continue in effect unless canceled, nonrenewed, or otherwise terminated in accordance with this Agreement and the Association bylaws. SECTION 5: Liability of the Association. Pursuant to Alaska law, the debts, liabilities, and obligations of the Association shall not constitute debts, liabilities, or obligations of any Participant, except as hereinafter expressly set forth. Specifically, all debts, liabilities, and obligations of the Participants shall be several and not joint, AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20101 except to the extent of contractually obligated payments provided hereunder for purposes of risk pooling. SECTION 6: Powers of the Association. The Association shall have the powers common to the Participants and is hereby authorized to do all acts necessary for the exercise of said common powers pursuant to the terms hereof and in the manner provided by law, including, but not limited to, any or all of the following: (1) to make and enter into contracts; (2) to incur debts, liabilities or obligations; (3) to acquire, hold or dispose of real and personal property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities; (4) to sue and be sued in its own name; (5) to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law; and (6) all other and further powers that may be authorized by the Articles of Incorporation and bylaws of the Association and permitted or not otherwise prohibited by law. SECTION 7: Board of Trustees. The Association shall be governed by the Board of Trustees, which is hereby established and which shall be composed according to the bylaws. Each member of the Board shall have one vote. A list of members of the Board of Trustees is attached hereto as Exhibit 2. SECTION 8: Powers of the Board of Trustees. The Board of Trustees of the Association shall have the powers and duties set out in the bylaws and such other powers and functions as are provided for in this Agreement. SECTION 9: Insurance Coverage. The Association may provide any kind of insurance for Participants required by law or regulation or as the Board shall determine, and not otherwise prohibited under AS 21.76.010(b). All applicable insurance policy forms, as they may be adopted and amended from time to time by duly- approved motion of the Board, are incorporated herein by this reference. SECTION 10: Development of the Joint Insurance Arrangement. (1) The Board has adopted the Association's Joint Insurance Arrangement, including the insurance coverage provided for in Section 9, the amount of initial contributions, the cost allocation plan and formula, and the amount and type of insurance to be procured. (2) The Joint Insurance Arrangement provided by the Association shall extend to all Participant operations, unless otherwise expressly excluded by the Board, or by the provisions of such policy or policies of insurance as are obtained. AML /JIA: Cooperative Participation Agreement Adopted January 28, 2005July 1, 20101 (3) The initial contribution for each Participant shall be determined by the Board, in its discretion, based upon a fair formula which shall consider, but not be limited to, total Participant payroll, administrative experience of the Participant, the previous loss experience of the Participant, the liability risks of the Participant, if the Participant has a self- insured retention or deductible, and the costs to the Association of adding the Participant as a member. The initial contribution is an estimate and may be revised at any time by the Association based on actual pooled loss experience, individual exposure or other factors. (4) The Board shall adopt reasonable criteria for determining each Participant's annual share of pooled expenses, which may include the Participant's payroll as compared to the total payroll of all Participating members, the Participant's individual loss experience, and such other criteria as the Board may determine to be relevant. (5) The Board, by an affirmative vote of the majority, shall have the authority to intercept State revenue - sharing, municipal assistance, and other funds due to be paid by the State to any Participant that has failed to pay its annual deposit as agreed herein as and when due, in an amount equal to the unpaid portion of the deposit, plus interest, from the due date until paid, at the rate of 10.5 percent per annum or a lesser rate set by the Board or required by law. SECTION 11: Method of Apportioning Costs (1) Contribution Calculation. The cost allocation plan and formula adopted by the Board shall provide for review of the Participants' contributions in order to produce a contribution for the following year for each Participant that is derived by consideration of the following factors: (a) the amount of losses borne individually by the Participant, if determined by the Board; (b) the amount of pooled losses and other expenses, if determined by the Board; and (c) the Participant's contribution to reserves for incurred- but - not - reported losses, the amount of such reserves to be determined by the Board; (d) the amount of the Participant's self- insured retention or deductible; (e) the cost of reinsurance, excess insurance or other costs of coverages purchased for, and on behalf of, the Participants; (f) rating criteria and other factors such as, but not limited to, fire protection, risk management programs, and the nature of risk to be insured; and (g) any adjustments based on experience or exposure audit provisions in the Participant Coverage Memorandum or any reinsurance, excess insurance or other insurance policies obtained pursuant to this Aagreement; and. (h) any funds set aside by the Board to fund any catastrophic loss reserve fund, rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . stabilization fund, or excess loss fund established by the Board. (2) Members' Equity and Dividend Distribution. Unallocated sSurplus, Rretained E earnings, or Members' Participants' Eequity, are amounts considered to be funds in excess of the amount set aside each year for reserves and incurred- but - not - reported losses.. (a) The Board in its sole discretion may utilize the unallocated surpluses from any policy year to provide for funding capital reserves, purchasen, personal and real property beneficial to the Association, stabilizing rates, developing loss programs for members, and furthering any other legitimate Association purpose. AML /JIA: Cooperative Participation Agreement Adopted January 28, 2005July 1, 20101 1C1 ants' (b) The Board in its sole discretion may transfer surplus funds to any program year that is actuarily unsound in order to sunDlement funds needed to provide coverage for that program year. (c) At its annual meeting, the Board, by affirmative action, shall may determine an amount (if any) of excess funds that shall may be distributed to Participants based on their pro -rata portion of contribution for those years from which those excess funds are selected. ( b) (d Adjustments to the cost allocation formula will may be made to account for Participants with varying levels of self- insured retentions and /or deductibles. (c)(e) Dividend payments shall be paid after July 1 each year, a Yd but only to eligible Participants who are Participants after July 1 of the current policy year, and were in those years from which dividends are being distributed. And. ( Participants who withdraw from membership shall not again be eligible for dividend distributions until after July 1 of the third year of their renewed membership. (g) Except for dividend payments determined by the Board, no assets of the Association designated as unallocated surplus, Participants' retained earnin or Participants' equit` shall be available for use by any Participant. (h [KS4 Participants who withdraw from membership in the Association or Participants whose membership is terminated shall forfeit all interest in any dividend, unallocated surplus, Participants' retained earnings, or Participants' equity In the Association. SECTION 12: Accounts and Records. AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20101 (1) The Board shall establish a joint insurance fund and administer the fund as required by statute. (2) Annual Budget. The Association shall annually adopt an operating budget pursuant to this Agreement. (3) Funds and Accounts. The Association shall establish and maintain such funds and accounts as may be required by the Legislative Budget and Audit Committee, applicable law or regulation, or generally accepted accounting practices. Financial books and records of the Association shall be in the hands of the Treasurer or his or her designee and shall be open to inspection at all reasonable times by representatives of the Participants. (4) Administrator's Report. Within 150 days of the end of the fiscal year of the Association, the Administrator shall furnish a detailed report of the operation and condition of the joint insurance fund to the Board and the Director of the Division of Insurance. (5) Annual Audit and Actuarial Determination. The Association shall require an annual determination by a casualty actuary who is a member of the American Academy of Actuaries that procedures for establishing reserves for losses of the Association are actuarially sound. The Board shall provide for an annual independent audit of the accounts and records of the Association. The audit shall conform to generally accepted auditing standards, and include a review of the actuarial assumptions used for establishing the reserves for losses of the Association by a casualty actuary who is a member of the American Academy of Actuaries. The audit report shall include certification from a casualty actuary who is a member of the American Academy of Actuaries that the actuarial assumptions used by the Association continue to be sound and the level of the reserves of the Association are adequate. By October 1 of each year, the Administrator shall prepare and deliver to the Legislative Budget and Audit Committee and the Director of the Division of Insurance a report of the true and accurate financial condition of the Association. The report shall be attested to by the Administrator and the Board; include an analysis, certified by a member of the American Academy of Actuaries of the sufficiency of the loss reserves of the Association; and be certi- fied by a certified public accountant. The report shall also be filed as a public record with each of the Participants. SECTION 13: Responsibility for Monies. (1) The Treasurer of the Association or his or her designee shall have the custody of and disburse the Association's funds subject to Board approval. He or she shall have the authority to delegate the signatory function to such persons as are authorized by the Board. The Treasurer may also serve in such other official or employee status as the Board may direct. (2) A fidelity bond or comparable security in an amount set by the Board, but not less than $1,000,000 shall be required of all officers and personnel authorized to disburse funds of the Association. This bond shall be purchased by the Association. (3) The Treasurer's duties shall include: (a) receiving all money of the Association and place it in the treasury to the credit of the Association; (b) being responsible upon his or her official bond for the safekeeping and disbursement of all of the Association's money so held by him or her; (c) paying, when due, out of money of the Association so held by him or her, all sums payable on outstanding debts of the Association; and (d) paying any other sums due from the Association only upon request for payment signed by the Chairman of the Board or the Administrator. The Board may designate alternate persons to sign payment requests by the Chairman of the Board or the Administrator. SECTION 14: Responsibilities of the Association. The Association shall perform the following functions in discharging its responsibilities under this Agreement: (1) Provide insurance coverage as necessary including, but not limited to, a self- insurance fund and commercial insurance, as well as excess or reinsurance coverage and umbrella insurance, by negotiation or bid, and purchase, as necessary; (2) Assist each Participant's assigned risk manager with the implementation of that function; (3) Provide loss prevention and safety and consulting services to Participants as required; (4) Provide claims adjusting and subrogation services for claims covered by the Association's Joint Insurance Arrangement; (5) Provide loss analysis by the use of statistical analysis, data processing, and record and file - keeping services, in order to identify high exposure operations and to evaluate proper levels of self- retention and deductibles; (6) Provide for Participants, as needed, a review of their contracts to determine sufficiency of indemnity and insurance provisions; and AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20101 .(7) Undertake all other responsibilities deemed necessary by the Board in order to carry out the purposes of this Agreement. SECTION 15: Responsibilities of Participants. Participants shall have the following responsibilities: (1) Each Participant shall appoint a representative as provided in Article 5, Section 2 of the Bylaws. (2) Each Participant shall appoint an employee of the Participant to be responsible for the risk management function within that entity, and to serve as a liaison between the Participant and the Association as to risk management. (3) Each Participant shall maintain an active safety officer and /or committee, and shall comply with all recommendations of the Association concerning the development and implemen- tation of a loss control policy to prevent unsafe practices. (4) Each Participant shall maintain its own set of records in all categories of loss to ensure accuracy of the Association's loss reporting system. (5) Each Participant shall pay its contribution to the Association when due. The Association may cancel a Participant' s coverage pursuant to applicable law if a contribution for any insurance policy obtained pursuant to this Agreement for that Participant is not paid when due. (6) Upon withdrawal, cancellation by the Board, or other termination, each Participant shall immediately pay to the Association its share of contribution, calculated pro rata to the date of withdrawal, cancellation, or other termination, plus accrued interest at the rate of 10.5 percent per annum or a lesser rate set by the Board or required by law. When and if required of it by the Board pursuant to Sections 21 or 22 of this Agreement, plus, in the case of a Participant that terminates its participation for any reason before the end of the term of this Agreement, liquidated damages in an amount equal to 20 percent of the Participant's current estimated deposit for each year remaining in the term of this Agreement, to compensate the Association for the loss of its contribution to the Association's surplus for the remainder of the term of this Agreement. (7) No Participant shall enter into an agreement to purchase insurance for the risks as to which insurance will be provided under this Agreement, for coverage during the period that the Participant is a member of the program except with the express written permission of the Administrator. (8) Each Participant shall provide the Association with such other information or assistance as may be necessary for the Association to carry out the Joint Insurance Arrangement under this Agreement. (9) Each Participant shall in all ways cooperate with and assist the Association, and any insurer of the Association, in all matters relating to this Agreement and covered losses, and will comply with all bylaws, rules, regulations, and policies adopted by the Board. (10) Participants who withdraw from membership in the Association or Participants whose membership in the Association is terminated shall remain liable for their proportionate share of additional contribution or assessments for losses and expenses attributable to the time periods of their participation in the Association. There shall be no time limitation on former Participant liability under this sectio [Ks51. AML /JIA: Cooperative Participation Agreement Adopted January 2 8 ,. 2005July 1, 20101 SECTION 16: Claims Administration and Payment of Losses. (1) Each Participant shall give prompt notice of any claims to the Association, and failure to give : immediate written notice of claims shall constitute a waiver of coverage. (2) The Association will investigate all potentially covered claims against the Participants and will attempt to adjust or settle such claims. Subject to the provisions of this Agreement and rules and regulations promulgated by the Board, legal counsel selected by the Association will defend such claims against the Participants. The Participants shall have the right to hire, at its own expense, its own co- counsel to work with defense counsel employed by the Association. The Participant agrees to provide and make available to the Association all information and all personnel as may be reasonably required to fully investigate and defend each claim. (3) The Association shall pay claims according to the provisions set forth in this Agreement and the rules and regulations promulgated by the Board, and all applicable coverage agreements or policies. (4) In the event the Association or its counsel wishes to settle a claim, the Participant and its co- counsel (if any) will accept the Association's recommendation and judgment and enter into such settlements as the Association determines to be appropriate. (5) Participants with a self- insured retention, with the express written permission of the Association, may be entitled to administer, defend and adjust claims within its own self - insured retention, in a manner consistent with the Participant Coverage Memorandum and Association approved claims policies and procedures. Such written permission does not relieve the Participant from notice requirements as defined in the Participant Coverage Memorandum. Once the self- insured retention is reached, all remaining defense and adjustment of the claim will be handled by the Association pursuant to paragraphs (1) -(4) above. SECTION 17: Coverage Determination and Appeal. (1) It shall be the duty and responsibility of the Association, to make all initial determinations regarding rights to coverage protections provided under the joint insurance arrangement. Upon making a determination of coverage or non - coverage, the Association shall notify the Participant of its determination in writing. In the written determination of coverage or non - coverage, the Association shall advise the Participant whether the Association will defend the claim and /or indemnify the Participant, whether the Association is reserving any rights to make any subsequent determinations regarding coverage, or whether the Association is denying coverage. (2) The Board shall promulgate rules and procedures whereby a determination by the Association denying coverage shall be reviewed by the Board upon appeal by the aggrieved Participant. SECTION 18: New Members. Additional Participants may be permitted, in the complete discretion of the Administrator, to become signatories to this Agreement or a similar agreement. AML /JIA: Cooperative Participation Agreement Adopted January 28, 2005July 1, 20101 SECTION 19: Withdrawal. (1) Any withdrawal by a Participant shall be effective only at the end of the fiscal year, and only after the Participant gave giving the Association not less than six months' written notice of intent to withdraw. The first opportunity to provide such notice of intent to withdraw shall be as provided in the Bylaws. (2) Any Participant who gives written notice of intent to withdraw as provided herein shall deliver it to the Association by mail, by facsimile, or by hand delivery, and shall obtain and, if requested, proffer proof of timely delivery. (3) The vvrithdrawal of any Participant from this Agreement shall net terminate it. -(43) After withdrawal, the former Participant shall remain liable to the Association for additional contribution or assessments as described in the Bvlaws or elsewhere in the CPA. SECTION 20: Cancellation. (4) The withdrawal of any Participant from this Agreement shall not terminate it. The Association shall have the right to cancel any Participant's membership in the Joint Insurance Arrangement as provided in the Bylaws. Any Participant so cancelled shall be given 30 days' notice before the effective date of the cancellation. If cancellation is due to nonpayment of amounts owing or any other default by a Participant, the notice period for the default (with notice indicating possible cancellation due thereto) may be included within the 30 -day notice period provided by this section. After cancellation, the former Participant shall remain liable for additional contributions or assessments as described in the Bvlaws or elsewhere in the CPA. SECTION 21: Termination and Distribution. (1) This Agreement may be terminated by the written consent of three - fourths of the Participants; provided, however, that this Agreement and the Association shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Association. (2) Upon termination of this Agreement, all assets of the Association shall be distributed after the payment of, or provision for, all debts, claims, and liabilities, only among the Participants, in accordance with and proportionate to their pro -rata share of contributions. The Board shall determine any such distribution within six months after the last pending claim or loss covered by this Agreement has been finally disposed of. (3) The Board is vested with all powers of the Association for the purpose of winding up and dissolving the business affairs of the Association. SECTION 22: Bylaws. AML /JIA: Cooperative Participation Agreement Adopted January 28, 2005July 1, 20101 The Board has caused to be developed and maintained Association bylaws to govern the day -to -day operations of the Association. Each Participant shall receive a copy of the bylaws, and shall be bound by the provisions thereof. AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20.1.01 SECTION 23: Notices. Notices to Participants hereunder shall be sufficient if mailed to the address listed on the application form of the respective Participant. A Participant may change such address from time to time by providing written notice of such change to the Association, at its registered office at: 807 G Street, Suite 356, Anchorage, Alaska 99501. SECTION 24: Amendment. This may Agreement be amended by a vote of two-thirds (2/3) of the Trustees present at any annual g y meeting regular meeting, or special meeting of the Trustees called at least in part for the purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amending this Agreement. Any amendment to this Agreement shall be effective immediately unless to �t any time by the written approval of a majority of Participants cr�rtr��at�r�T otherwise stated therein at an lime b y 1,he VV ri1 ten a. ro � al o a ma��oli�l of Par ic1 ants signatory rAn» r: mAi-e -c crt'-atA 1 � z_z 1VN� i V11 en �7 Vl L lL1I ./ 11.1 VV . SECTION 25: Prohibition Against Assignment. No Participant may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee, or third -party beneficiary of any Participant shall have any right, claim, or title to any part, share, interest, fund, premium, contribution, or asset of the Association. SECTION 26: Agreement Complete. This Agreement, along with the exhibits hereto and documents incorporated by reference herein, constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. SECTION 27: Governing Law. This Agreement shall be interpreted according to the laws of the State of Alaska. If suit is brought relating to any dispute arising hereunder or related hereto, such shall be filed in the Superior Courts of Alaska in Anchorage, Fairbanks, or Juneau, and in no other place. SECTION 28: Severabilit If a provision of this Agreement is or becomes illegal, invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. SECTION 29: Construction of Contract. AML /JIA: Cooperative Participation Agreement Adopted January 2 8 ,. 2005July 1, 20101 Separate agreements shall be executed by all Participants and all such agreements shall be construed as a single collective contract. AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20.1.01 SECTION 30: Conformity to Statute. In the event any term or provision of this Agreement is found to be in conflict with the statutes of the State of Alaska, such term or provision shall be construed so as to conform to such statutes s6l. AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20.1.01 IN WITNESS WHEREOF, the parties hereto, acting through properly authorized officials, hereby execute this Agreement. DATED this day of ATTEST * * * To be completed by AML /JIA DATED this day of , 20 Alaska Municipal League Joint Insurance Association, Inc. By: Name ATTEST AML /JIA: Cooperative Participation Agreement Adopted January 28,. 2005July 1, 20.1.01 City/Borough/School District By: Name Its: Title Its: Executive Director Title 1 2 3 4 5 6 7 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2010 -29 Assembly Kodiak Maritime Museum Borough Clerk 03/04/2010 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 APPROVING FUNDING SUPPORT TO THE KODIAK MARITIME MUSEUM'S (KMM) 11 "THELMA C INTERPRETIVE PROJECT" 12 13 WHEREAS, in 2002, Kodiak Maritime Museum (KMM) designed a series of interpretive panels for 14 the walkway along the west side of the down town harbor which have become one of the most 15 heavily visited attractions in downtown Kodiak; and 16 17 WHEREAS, with the soon to be constructed sidewalk from Pier II to the harbor, KMM anticipates 18 an increasing need for more interpretive facilities to help visitors appreciate Kodiak's unique bond 19 with the sea, and to encourage visitors and residents to spend time in the downtown area; and 20 21 WHEREAS, KMM is now planning the "Thelma C Interpretive Project" which will restore and mount 22 the Thelma C, a historic 38 -foot wooden salmon fishing vessel, as a permanent interpretive exhibit 23 near Oscar's Dock; and 24 25 WHEREAS, this project will bring Kodiak's fishing and harbor history to life with interpretive panels, 26 hands -on displays, cell phone accessible multimedia presentations, and of course, the vessel itself; 27 and 28 29 WHEREAS, KMM has tendered a capital request to the Alaska State Legislature for primary 30 funding; the City of Kodiak for an in -kind donation of the land for the exhibit; and will solicit additional 31 funding from the Rasmuson Foundation and Pebble Partnership; and 32 33 WHEREAS, the total amount for this project is $240,000 and KMM has tendered a financial 34 request to the Kodiak Island Borough in the amount of $25,000; 35 36 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH that the tourism industry is an important segment in the Kodiak economy and the 38 "Thelma C Interpretive Project" will expand the the interpretive possibilities in the heart of downtown 39 Kodiak. 40 41 BE IT FURTHER RESOLVED that the Assembly of the Kodiak Island Borough hereby approve 42 funding support to the Kodiak Maritime Museum's "Thelma C Interpretive Project" in the amount of 43 $25,000, contingent upon State of Alaska funding. 44 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF 2010 47 48 KODIAK ISLAND BOROUGH 49 50 51 52 ATTEST: Jerome M. Selby, Borough Mayor 53 54 55 56 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -29 Page 1 of 1 Thelma C Interpretive Project Budget January 2010 Kodiak Maritime Museum P.O. Box 1876 Kodiak, AK 99615 907 - 486 -0384 toby @kodiakmaritimemuseum.org Costs Salaries and wages Staff 8 hours a week for 9 months @ $30 /hr 8,640 KMM Board in kind consulting 14,400 4 hours / week X 9 months @ $75 /hr Travel 3 RT ADQ/ANC for 2 Persons @400 2400 4,200 Subsistence 3 trips x 2 Persons x 2 days x $150 1800 Administrative Supplies and materials 500 Insurance 2,000 Printing and Copying 200 Telephone Internet 200 Postage and Freight 500 Services 205,700 Architectural Services 10,200 Renderings 25,500 Materials 119,000 Thelma C display construction 51,000 Contingency 6% of 205,700 12,342 Total Direct Costs 248,682 Proposed Funding Alaska Legislature City of Kodiak KMM IN -Kind (KMM Board engineering consulting) KMM Capitol Project Campaign Kodiak Island Borough National Endowment for Humanities Rasmuson Tier 2 Grant Pebble Partnership City of Kodiak Exhibit Site Lease In -Kind Donation to be Negotiated Total Funding M VI sal t vaLL 130,000 10,000 14,400 5,000 25,000 25,000 14,282 25,000 248,682 TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORANDUM Borough Mayor and Assembly Rick Gifford, Borough Manager 05 Short, Finance Director Kj� FY 2010 Non Profit Funding March 3, 2010 The Kodiak Maritime Museum has asked the Borough for $25,000 to support the "Thelma C Interpretive Project ". This project would be eligible for funding in the Tourism Development Fund. There is $26,455 budgeted for contingencies in the Tourism Development Fund. There is also $21,051 available in the Education, Culture and Recreation Department in the General Fund. At this time I would recommend that we fund the "Thelma C Interpretive Project" with $10,000 from the Education, Culture and Recreation Department in the General Fund and $15,000 from the Tourism Development Fund. This would leave $10,000 in the Education, Culture and Recreation Department in the General Fund for the Kodiak Rodeo and State Fair if the Assembly chooses to fund their request. The Borough Assembly approved FY 2010 non - profit funding by Resolution FY2010 -03. The Kodiak Rodeo and State Fair requested $10,000 but was not funded by this resolution. The reason for this denial was because there are some concerns about KRSF being a 501(c)(4) and not a 501(c)(3). Here is a description of a 501(c)(4) from the IRS. To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted only to charitable, educational, or recreational purposes. In addition, no part of the organization's net eamings may benefit any private shareholder or individual. If the organization provides an excess benefit to certain persons, an excise tax may be imposed. See Excise tax on excess benefit transactions under Excess Benefit Transactions in chapter 5 for more information about this tax. Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. These are examples of 501(c)(4) organizations from the IRS. • An organization operating an airport that is on land owned by a local government, which supervises the airport's operation, and that serves the general public in an area with no other airport, • A community association that works to improve public services, housing and residential parking, publishes a free community newspaper, sponsors a community sports league, holiday programs and meetings, and contracts with a private security service to patrol the community, • A community association devoted to preserving the community's traditions, architecture, and appearance by representing it before the local legislature and administrative agencies in zoning, traffic, and parking matters, • An organization that tries to encourage industrial development and relieve unemployment in an area by making loans to businesses so they will relocate to the area, and • An organization that holds an annual festival of regional customs and traditions. KRSF requested these funds to meet fire safety requirements mandated by the fire marshal. It should be noted that KRSF has been delinquent in their filings with the IRS and is not currently identified as a 501(c)(4) organization. I recommend that if the KRSF brings their status with the IRS to an active state by May 31, 2010 the Borough grant them the $10,000 they requested for FY2010. If their status is not brought current by this date they will have to apply for FY2011 funding. I would also recommend that the Borough accept applications for funding from 501(c)(4) corporations the same as 501(c)(3) organizations. 2 TITLE: 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 Collection and Disposal Section 8.25.10 to Section 8.25.240. SUMMARY: The existing Solid Waste Collection and Disposal code was put in place in 1986 that reflected the solid waste collection contract and disposal requirements at the landfill. Staff determined the need to bring it into compliance with the modified solid waste collection contract and disposal requirements at the landfill and establishes policies and procedures to effectively provide enforcement. The old KIBC 8.25 is being repealed in its entirety and a new Chapter 8.25 is being established. Staff research and proposal considered Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste. As of release of the packet on Tuesday, February 23, 2010, the ordinance is being reviewed by the Borough Attorney for compliance. A DRAFT ordinance is attached. Staff asks that, after review, the Assembly consider the adoption of this ordinance. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -07 in first reading to advance to public hearing at the next meeting of the Assembly. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 4, 2010 REGULAR MEETING ITEM NO: 13.C.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AMENDING THE KODIAK ISLAND BOROUGH CODE OF OR HEALTH AND SAFETY BY REPEALING THE EXISTING CHAP COLLECTION AND DISPOSAL AND INSTITUTING A NEW C COLLECTION AND DISPOSAL SECTION 8.25.10 WHEREAS, the existing Solid Waste Collection and Di and WHEREAS, staff determined the need to bring into compliance with the modified solid waste col WHEREAS, the existing KIBC 8.25 is being repealed i being established. The new chapter includes policies t collection and disposal services, and establishes policies an enforcement; and WHEREAS, staff research and proposa municipalities, and expertise r an attorney spcializin WHEREAS, this or nce way al o reviewed b the Borough Attorney for compliance. NOW, THEREFORE, BE I ORNED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section Section Cor►+inr, ' Q #)F(11n V.LV.V 1 V AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH sz #)ti nlr) V.V. VVV sz OF. ntin Qr hodu Ilo..,nf...r' +o ..., Qc 1V.e ule V1 rates. Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -07 nh- r r..Q )5 1 in tejecT= rani 1 =r'T.inN eMn nicpncAi olid W Collection a nd disposal services; a Dr Iir►� ...'rirl purpose. 1 dic and ( purpose 11 11 �1'V' Q I.id ni- +c rv' I.lor►+inn......' and rJi r�n��.l.. �or-�,ir' required. VV11\d YYC..�VLV coHec io 1 a d \..Iisposa! vv1 V ice I V\.. V�.1. Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KIB Assembly KIB Manager /Staff Env. Spec. Mitchell 03/04/2010 ANCES TITLE 8 5 SOLID WASTE TER 8.25 SOLID WASTE TION 8.25.240 code was put in place in 1986; posal code ntirety and a new Chapter 8.25 is flect the modified solid waste edures to effectively provide Statutes, codes from other waste; and ce is 'off g eneral and permanent nature and shall become a part of ode of Ordinances; nd Bo rough Code of Ordinances Title 8 Health and Safety, olid Waste Collection and Disposal is hereby repealed in its s: Ordinance No. FY2010 -27 Page 1 of 19 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Q .)C.. n7n Dni +� and r. ..0 rnn n ... + c h o ro h,r ♦ - 1 c� r► a r ya, e..I... 1�J v \dl a V1 LJ1 I Q.. In n!n nil nr►+irrr LiIVLI1 11 injury n 1111La1 v Lto r ./ state ro c ir1 c n+ i nI V V 1,1,01 1 L1,41 of 1986. 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L1 LaV1 1 II Vi l i La iV vvL 129 130 131 132 133 134 135 136 137 138 139 r,nr �n�eek cnr-�,1r► N'i.ri VYeei\ `�/e1 is 140 141 142 r►nl1 Ctinr, f om i o nr►� 143 coH r e ctio1 I I r eque1 c � from + \n n +n Div cubic �-rrl� ' color►+orJ h�i +ho r►i is +nmor �orIor'1 f' ,- i1i+ioc m��i r�rnir + Jo hoir n�Art 144 11"Vr 1 r" LVV to VIJ V GubiV i Gal �.dV Lae V e I% JLe\I N........, L11 °e VGdVLoI 1 I I . ....,1, eViel Gal 1Lac11 1LIeV 111 G.4 r V v i i de Lr reel %1VVI1 1 . i�r�..... ref ....r►r�..1..1. n i�,......,�..c�.r� �..i.r c� �......�r, r.... i�ra..�.�..�r ,r�.ra.n t.r� r►t.... +.h c� .....1� r�.rr� i .i.,r -i...h ..fn.r.... 145 s I i Vl c\!ire c�r► cL r\Ji i ue1 Vi \Ji iI iLay ci/i iLI L,I.JL LI I r✓VI Vug 1 1\!I I+om� such horI n�+or heaters, furnaces, m' nr 'r�r�Ir nno� and, �1m11�r h1 1II, c 146 R v ." 1Lel 1IV v .dvl l Gas beds, I Ieater v 11 Iu �Jl La..... I1 41 ces a 1�.1 V111111641 1✓Ld11 > � > J appliances, y hni i�ohnlrJ items discarded. by it Ii�iirJ1 1�Ic i hill - it rr the o +�hlichorJ collection �or�lr►o chni ilrJ be 147 1 1VL. se IVI%4 ILe1 1 rV disca1' % 1e .1 RJ 1 1"I%41 V iduaI ) �A , ........„LI le V )LLAJIIVI IV%4 V\JIIecLr\J1 r Ver Y i 1 ce VI 1VL.rrtd I.Je +i n "VLro A . . V VI 1 11 1 Iel VI fr\r...rG+irlor+flr,.I... h for 1 eside1 I ia! N � `11'V i 1 r r n �o r-�ir o ly Ve1 V Ice Kodiak Island Borough, Alaska twee, I 1 vel V Ice r. .. r�r l..r►�..hl o...... fooc '64 JII VLaNIV IVVV A Lr rr r eVLLaN11V1 e d by 1(,!P„. ilo court„, �r r d other Locations _ horo 1 r+1I1 -'+1nn of I.-r l V\J�..II LV'.... and of a LocaLio IV...... V�niVI lei a LaL111LatioI 1 ....... ,. 1 -1' �i r►nr, i+ +n +ho customers, +nmor� r�or►o��'r� +n +h VI 1 GaJI " Vol 1 Viel rlel 1G to L1 ie custoI 1"ie1 V, 1""ieceVV Gal y i o ..., to the Or1iir �h�II h ,- iI hlo in Vet V IVe shall 1✓e La V Ga1IG1NIV 1 1 r h available _ +n h1 �1no�� premises on the h��1� of once NV o N\iV11..1VVV p1..V11IIVes VI 1 LI le.......b basis .....o \JI IVe +n . # r...hnmo ..hi business . or ir►o and of home busiI Tess Vel v i ice, Land t. or......+ .c�.i�-i.�r.ir►c�.... ......hc� ......i -ern. r i • t vc. V iee VV 1I1 1✓e n.Jl V \i`1 t +. �, �rc�n..... r- 1. i. rc� r►+. i. �. �r....+ n.... t. h.c�....I.�.n.r�if1.I.1....h�.� ..t. h. c�.... n an. �n 148 Laken 1 �,IIr ec ! V LV+ LI 1e ILaI I�,II Ill N v Lr a o-11Vner r . Jorlect 1 L rirtor Ld1 1\.del irn tin 1 QPQ• nrd F or r l y five or a la e n y .....�.;. N �a.. m n i n +n i nOd...,: h�...: t ho 1 1 I IL I\.d by LI I rJ o+orm1r1o�..... +h .+ +hc -eLe1 1I 111 IeV that the r n�i i r -lorl 1 ::: a Qr r r�-I: PR- 1 V V I \.d. VV c vc+o n m of r►nll.or► +a.nn.......,. rr-l V VL 1 1 VI VVIIeVLIVI 1 L,I 1\d • f _+ related r.n..rn.1... 1.ir1 roI' +o,,l Ld 1 I l elate .d 1 1mr c+ r...r10r 1 n.. +n....,.15 ....d ollinry..1 units; ., -ste1 per 1 V to .dVnaVellll g Lai IiLV, n llor►i +nri of bagged garbage, rubbish, ihhch 'rirJ V11\ JL 1 V1 i✓Lagge�1° gGa1 N 1ge 1 �1 bb V1 r, and vet.; .. I I ` �......,h ..... r n % , .� V /.1 i r �ninc �I'i'LGa'I✓ w o.,!! areas cortiir►o.....i .r1rn�ar�lorl Lail Lar ec.IV V�niV 1 lei a Vet V Ice is 1 .JI V V I%.A' d r v ...... v i r, m omc u u IJ N° N +i n r, f n.r..: +nr cure; I"Ie r....: l i t "i 1.J v''Le r , I r r; ear r,. r A rR Ordinance No. FY2010 -07 Page 3 of 19 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 r .� r1r�t...... nf......+ho. rocirI ritar 1 ..cor ir' 't ri,' r r1,1 fine ' I charge, except ....fnr......+ho. mnrith� ......nf ..I'lor►omhor Gas p a1 r L VI GI re 1 esl%1 1 1LILA1 VV1 V , Ice, GAL 1 IV Ga% %41Llvr rut cl IGar y e, eJV J fr L for Gr le 1 1 i'I 1LI Is vl Vece1 I 1 J I I�r�i ... : hru i rvi ur GA' "i'LA Girl y , 1 s . s . r . r. Tho..... r►3tonnr�i.....nf service cs +r...:.h r�rn�ii�-10�-1..:. �nrl utilized, � : �n loll..... �.....tho..:.frc frequency of collection r►tir r� V . The Ie cate Y of Vel ice tV NV provided Y ide\.d Gal ILd LALIIIzetd, as YYell Gas the 11 e\. ueI Ic V1 co11ectio1 1 i iecevV v o nn l n. GAL 193 194 195 Q, 180 181 rJ r 182 1e for a vac 183 for a � ac f� 184 I� 185 186 187 pre mises the duration 188 ..... d 1 189 190 191 192 1= n rr in e ve r r.. r 1Y1 ... r►nr�fnrm r r'ca me the r1re icinr�� r'h�..r Drier ......I1..1 IVe ........ VLI i L.1...I.v..... / 1 v L 1 r1�.y 'c'1IG4 .#Le . 1 ...... .�... r►.Ir�c.cifir�r�tinrl....nf cor'a.ir► .... tho ori'ilrnr�morit�1. engineer �hr,11.....cor d notice tn. tho person .. affected h', VIGAS JI1 icc.AtIV1 i of Vet V ice, Li Ie VI 1 V 11 Vi 111 1 1 1LGA1 el y ll eer shall. send Ga 1 .Mice to LI ie ' ,Jel sol i �.AI Ie\JLe\..1 RJ r . ..i' ...r`n.ir�' ..... JI I' A. The l 1 I°e r,l r'►t.i.�r r I.J r 1 c Ga`L i V I KQ r ni n .. c. R \hor Y A / V 1 Iel 1 t +ho....fnrmor.. r'I .fir► tinri or category . ... the iei I 1 M cIGAS JI1 icGALrer r vI cGAte er i nr o h h 1or1 nn # l' 1 „1 1GAI Ice 1 —s 111 VL ........ ly V1 1 1 1\J r1► .i::.: r n ri nrl of In ri rV,11 vI 1ev s..::L.1..:1:Ga1 1 vV c1 rocnli 1t1nr��r- 1� iri .n�r r r 1 r�7r1r \/ nr'r'i rG' the V GA V I 1 GA it Ga V Goa l I V y V i Li 1 V, L I I e a. n . il. 1. l....... i. r1.r1.r►.t........t.k........1. 1.1�.r -1.t h........� ich te n, ,r'r►n . rr oc m �Raev rrr 1 h i o r►t to -p pr kiecL tv -F' pr 1 L e l l td a \.d . €�.�. l i l 1✓ a N 1 11 tr1. ril L 1 ie \A1 R R nr1 r*11cr� nsr, VGa 1 it r'li i/"11rllr ri , rr l'vic.:rcirr Iy �niill ho co _h�i rocn itir rhnrro rlicr ncnI corvii 1 NGAe romico� , r� m�dc ire cash case r GAL the IMh f nr Iocs in 1 ror'tnr Li I i iY.1i i hJV l lrt ,nr` n n 1, 1 I A after the hill ic. m Ilo Gal Lel LI le 1✓111 is 1 1 IGalle '2..... hr, rrylr1 J. (` v 1 IGal y ii i c:a i r► VI VLACI 1 r. r orcnnc �ffor'+c3d... h�.... the c h .nrro.....+r ... r�r1.o�..r �r1.rl .rlrc cc nt r�r11i .hcic . LI ' .Jl V IV GAI IVL\.d by LI l VI I l LV GA Gal 1\.1 ' ,./1 e V e l IL Gall Y N LI 1-11 111if�iirlrr +ho.......r�rnr�ncorJ..... r'h�rirro ...iri category of cort .ir►o «1rrJ a .. I I _IIIIT y 11 I the proposed change d ii 1 cc.Ate y 'J1 sei Vice. [Ord. VV - rates to be charged for rrr r rh rro r GAtes to RJV VI arged rvr y c.Ar rJ r f tho h ,Ic �r'il : it \i _�nrl t GI r v r:J Ga r �. G,l c i i r L rr GA r r �i L r ci ir►h rito�c pro nor►occr�, to VLAV1 1 I GA LAV Gal e I I y L 1 1 IGAI \e r+nr+c1 1hcidi -, d frooct�.ridiriri operation. \imo 1 ivI IVLa1.JV1\..IILed 1 r eesLa I%411 I V GALio1 1. 1 GA 1 1 M rr`a r r‘. Rnrni..irrh h .Ic r..f�r'iIit�.. r'h'rrro V/ V VI VLA 1 baler facility charge y e d �irrr�oo ll.....�r�r lir► tinr�c. �.iesr rev. 1 D LIr cA�.J�JiivGAtivi ry rrr.n r tir n account ir4 1.I I be hr r►.I hl.L orJ... r,c... if Gaccou I L Y�niY II1 be b avr 1✓1IIed Gas i r Kodiak Island Borough, Alaska a l�r o.:r. r.n,n m . GAr \ rr e Ga Gar i�.�r� r r r ra r 1 c17r'tiir►17 the proposed rio category of �or-�iir c tho date Ve i vice, Li Ie' p opose .1 I IV1r�ni 1r "cate y .... "VI VV1 V , LI IV %4 ALV ,AIriti Y1 "IL11 collection vvnectio 1 R . 1 1 i, r`1 1rc r1 In do tr by r' rc pickups . V IIV e td I LI GA IV L \.d N V V, pprope ty tMA:ri r nirll r \Jpe L \J 1r1Ir I 1 VV111 n r� ► exceeds c rl� 1 2n rl��ic from the lc excee...1V 1 VV days 1r \JI 1..1.... LI Ie • • r r1 • ir Ihi 1, 1t VI I r A r l it. 1 I e "1 " °I 1 r v e v LA 1 11 c.r.....�.n /.i..T. ev I YvIL r rr n r� n r r Ic r ri+h chnll h finance or his designee; i11 .Gar ice vi` i rrs desr ree, r r n r►rtifin�tlr�r or recertification cel trlrcatre11 el level trlrcatre11 Ordinance No. FY2010 -07 Page 4 of 19 r vict fnr mnrlafvirin r' r GAY n1VL IVI 111V\.Ally V1 1 aaP• nrrl 52P_F')_C ) 1 D operation rid re " "oper atiei r.." and m h 1. rrrr:J Le GAV denver y , r�ntif' to tho....r r►r►ni 1 r1t r\ nir1or... .r r�'i....timo 1 IVLIVe LV LI Ie GaVVVLA IL VVYI ler at Gal r LI11 le of �1 Ir►h intended, d v r�nr►�_i Mr' �Il� nni�rlr►o 'nil l h m�rJo o1 VG.1V11 111Le11\.dee VGilVGill 1Vy. 1 ... V ...u11V1/YGa11Ve YY111 1✓e 1IrGAtoe ''ic Tho ......rrr.rhrrro.........'r account .�.nnll.........ho....... kil.IorL........'r r►nrrlirirr t tn. ho y s. The le g Gal 1JGa Gaccou IL VV111 1✓e iJIIie%A according I LV LI Ie th,o.... ror►nrr.r+.i: c r- l....�r n rr��r►� :: r�n:ri r1.: L1'1 # 1' eVV\:.ir'iYLeLi VGa`VGilr lvV I.Je %.4 ,nritinri that the r�romico� are vv i 1 1 Lr1 r LI 1 4 L t1 re N i el 1 1 rvev GAr e rn.No.1 yi.......n A; �.f..... ��. .. 1 1 .... 1 . n vacancy n occurred. i rrc rl r n rrl O 1 ') n � 1 O O t n rrl a F 1 F §3, 1 0 0 1 Iv vvvil1 1 e .i. L v r%4. 96 . 20 § c, 1 vvv, y r %:.1 vv i v ..1, 99 0..11 rrr ' rhrro rubbish., and ....+r' ...r1lr, collection chr,ll....ho... contained rI .nr secured by . one of A!! y ear IJ 1 Lil✓I✓IS1 1, LI GA J1 h 1 placed for VVileVLIVn J1 1 A11 1✓e VV7 ILGA11 led VI secLA7 e%4 k y VI Ie VI` 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 0 Ir, pounds; r�c, pour ds; �.n r a na I, +A7rd +nnI�rd +.ho........+r r . grid so I.n�rJorJ........+h + the contents % +c nnll.......ro diI , f .11 from..... the container iri ,n r .Ihor� VL.ILYY�64I cd % LV YY6AI cd LI IV �V and sV Loaded that LI IV VVI 1 LVI TLS YY 111 7 ,64'111 7 16AI1 from 1 1 LI IV VVI 1 All IVI IfY 1 IVI 1 r�I.... UV,. LV re. of +ho r► n...,. VI LI I V m n. inn r r' r r, I n r'c d i ‘-‘11 r.1 1 64 c V Cd 1 1 1 1.41.1,1 1 r ... 1 r n 1.1 rcnn m�l�ir,rr s o 1 1..1.1641 \ 11 1- + n kc co r, od ....:: ::: the .+. 1✓ V ecd, t1 1e 1 1 I i+ h l l of sue.. h utlJ...E..t...Y N.111 V1 r rr r r 11rr1ncoc ......... ova 6.11 poses V/\' fo -era!, c+a r n,rraarr of c or%ir c: the VI ........ sV1.....Y I IVs, La e inn ri n r►o d in r►n ri+* i n o rc : 11 1LA rJ1LAVV\4 11 1 vV rL rr r6.I V, -on subscribing +n the collection cor,ilrc c h' II h -o 1 VLi bsc IN11 I L%1 t1 IV collecL1\JI r VV1 V IVs VI1Gi11I 1✓V • r r' i-i they chill be secured In J 4 I IV ""i1 1 V..,. y r °I C.A 1 r N V° V V V C..r 1 V �.1 11 1 y r premises r plastic c+ir' h p1GlsLI J I r+ cI 1 h c Oti 1 on+ sLibse ' LAVI IL r A Ii I Irrc h��iir,rr mir,imi im 1 y V 1 1 "G1 Y 11""7 y " "14 1 1 "111 rl "1" 1 1 x.11 "1" 1 1 rn lr , ro-r \ such a thick ness r a' r� o � �......... ,-f ........,') C m.. i l � .......' and �...... maximum LI IIVI\ness VI 2.0 111IIS and a ton._.t 1 _end Ildc chnII ho main +ninod In nnnd ror»Ir end s ..... 64 1 1 \i1 11 \.1 V s 1 1 6111 N e 11 164 1 1IL 64 1 1 .... 1 V \il ..... I I I .... A \./ \./ \.A I r./ LA 1 1 LA 1 RI IIIi' � items of trash may be secured in +iod V l/1 1 1\ " "" I L V I I I V V 1 L 164 s 1 1 " " " "" 1 1 1 6A RJ V ....,.s V V u l e cd 1 1 1 Le \..I y y nr 1, n c ... nn+ kitty ...Ii+tnr ....ovr►rc mnnt .n�-1.....n+hc r...nhic r►t.inn / \VI IV, VVVL, 1 \ILL IILLI, V/\ VI V III V I IL, 641164 V LI I N,VLIII rrl�r►.orJ.....ir,... or'i...1rol.�i +iorJ.....r�l c+ir' h rrc.... and shall. ho... r I r' '. !aceCd 11 1 sLIcu V1 tied pbsLIV N 641 d sl ILA11 not NV p!ac no r. lhhi +r ch�II h ctnrc r1 In e rnn+ lnnrc nr Inr' +Inrnc tAIhir'h c vr'I i VI 16411 NV VL 6A 11 1 V IL I V V I IV IV YY1 IIVI 1 protected Ir1....... some m......�r�rior... + ..... cn.. h�+........+ho be p VLVVLVCd 11 1 so7 1 IV 1 1 I AI 11`IVI Vv LI 164L the Cnlld ‘nIic+c ch�I1 not h stored Longer than +hc r V F. V V11\ i1. .. YY1.i1VLV...V1...16411....1 l L...NV....VLV V\.A.. IV1..I V1 L1..1641..I....LI IV... ... N the property ..n,Ar1or..... arid, id L1 1e p V L 'JYYI1 1V1 , 6A1 I%4 store c+nro cnllrJ ��+oc......... for VVllcd VV es IVI accordance r,r' ,na1+h......�.L1 6AVVV1 cda Ise it 1 L41f a add the r'nc +.. thereof dd LI a cost LI IVI VVI r�nr�r►nmr�Ii'r�r' ,nn+h this 1 IVI I J%.I J11641 IVs M1/IL1 1 Gllls Kodiak Island Borough, Alaska r► ni ct ,+r+lnh+ hnc ho YnY o 64 L1 LIc.Al IL F./64c Ne1 r r`' r in d r o c r'ri re r'e6A`u 1' 1 "rcJ Yecd rv 1' "e 1 r r'�JL r� r "rr cdV 641 e + manner that the !id is hold h�, ol�c+lr' cord, is easily , , .' 1 ner "'i1 1at he !id ry "1 &c! b v rc.�v's.ry vvr d, ry a sil nIh n....r .m. �e\d ....f cJ Y e 1 1 � c h_ IL... ►vrtl:i :1.do 't V 1'1'1.111 cwri\vr yr e Y , n v • �.A Lv r hi indIc c not n:.: 1r 1 F inches in diameter, '2(; N6.r 11cdIeV .....,I,IVL.., VYe1 I V........,1I IVI IVs 111 " " "" cd16411IVLV1"""", VV r rnr .irv'�i. ri r we Il...I Vin1 .i.G, /\IV6.1V r n.r�►r -.ri r►nr.nr►I+li of 'ZC J 4 V 4 JIL V1 Vv n i io nro.....1 1 a t1 r�tlnn,: co r�ilr►o .m�.c he r►n:mh:Ino:d ..�nil+ h.. : . : . : hl.l.11n : � cJLILJI"7 ser Y Ise 7 1 16.1 V" be vv1 1 1bi le`L.1 Y'll1LI 1 1.J11 material ....ch .II .h VI ILAII b— 1 or►+inn rl .1 d rlrrc. ..... . cats, rats, r'1n....... 'nd cnn and ..ch .I.I - o g s, V 64 L V, 1 64 L V, 1 64 1 1 1 64 11 \.r V I I V Y AI Y 64 1 164 V I 164 1 1 r + ho ..... 7C.II',........+Ir 1"", ^1rI h \, rJ nrrc or 1 VY 111 1 IV NV V646Jll LIFJFriVW1 6J cdV V of ......::.. o1 � w hndl llod r►nllr'+1_nnc 'n 1 ..... d rnr V1 1 \..r ul 6A���� V V'1�1 V V LI I ��IV 6.11��1 6A /. r►.I.. I ro.l.� i r %A � r r LlL.11 er 'Y'V' ' 1' 64w�'1✓ F �,n r► .r and sanitary _ ...... m nnor.........'r d �n L 1 1 1 64 V I V 6�1 1 1 64 1 1 cd 1 1 1 64 I I I IVI and 1 cd 1 1 1 r,d mi ir,ir'ir statutes, nrdlr,'r,r' rules, and 1 1 c.1 11 1 1I JI fr AI I JL AL'ALJ, ,1...%11 16A1 loos, 1'.4I J, Al I%A L 641 ru L son, and +n prosecute c1 ir'h person for VVr I, Gill 1\11 to p osec\..ILe V6.1V1 I per VVr l 1\JI 'IQQG 1 rrJ QI ..'z.Q... l .... f�'� ... ...... 1QS2G .. I =. nrmc rl�. 1 J J J, V I cd. vv VV V § L, 1 J 1 VI 111,1 I c+ fnr r►nllor4inr, cor,lr' ch'll r►nmr I +o clrrr, and submit s " 1. 1V7 cVIIVVLIVI 1 VV1 Y s1 16411 V\J1 11p!et i'.., JI 1 1, GA1 I%4 ror'+r r ...::: nf ...: fir± r► if�. 'ddrocc +n ,nahir'h killir ri chnIl kc 0or,+ 'r,d _01 It-It-4-1 ' 64,1\..11 VVV LL-1 VV 1 11,1 1 1,11111 1y V1 161111 1✓V VV1 1L, 641 1,1 V A J1 .... 1 other borough. co r,ir►oc.....ir,....'r,.... itemized ,1 .hi 11 ir rr .co+ +... r,rr.....fnr+h +ho.....r'h charge fnr each o r�rn� dorl ...... VLI IVI NVI Vuc 1 sel Y , Ices 11 1 GAI 1 ILe1 1`IILeLd RJ11111 1 setting forth 1 LI Ie VI 16111 ge 1sT VLVI 1 set r, V , IVs p V V I%1 %A. billed either r diror' +I NIIIVLI eit1 IV1 1.111 VVLI r r.r`I� -r,r' .... imor, +c.. fnr rr'rh'rro.. r►nllor'+inr, .corgi r►o.....+h'+ ro.....r,n+...+imol� m. rJ.o ch�l.l....ho..: subject to 64%I Y 6111 IVs. 1 64 1 1 IVI 1ts 1 V1 y 6/11 N collection 1 sel V 1Ve LI 16AL are not time! 1 7 1 1 164VIV s1 1 411 be s AJ tV n. +ho hnrni irrh determines that r�orcnn r�rd ,lnrr for cor,iro hn is not the n,nri f r o the . . 11 LI Ie NVI % 1 1 %deter 1 1 1111VV t1 1641. 64 person n l 64 fr fr I J 11 l I VI VVI V c 1VV, Y Y1 1\J Is 1 1\JL t1 1V \JVV i I IVI o t1 1V premises ..... +t .......ho........cor,orl has r�n+ established ..... r' ror`Ii+.........ir, + .......ho.. community ci.....ffir'iori+ to r'ror+o ......... 1 .J1 e1111ses LV be set V i %4, 1164s not esL64Nlis1 lecd credit 11 1 LI le Vol 111`1 ILAI`I1L sufficient to create r Ordinance No. FY2010 -07 Page 5 of 19 246 +ho -r�r•llr► r++ , +r post 1.1 1V G4 f f 11VG1 1L LV 247 248 249 de 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 tnhir►h ....it YYI IIVI 1 it been + ..h I.�..h. LLAI�J 1� r‘. c lrn...... iritcarn,c t t-11..1ri r '1 11 1 L� 1 �. J L �d" L 1 1 " "1 "1 1= ......., I= . AOr .A charge .. +r person ... .m�.rJo .......h'i....... +ho... hr rn1....arrh....., ir�.........r'r connection n +h. rr rh rro.., collection, +n `. ‘vie r VI I�.4I y V LV - pe VVI 1 111 4 by the RJVI V�1 J 11 11 1 VVI II IVVtIVI 1 1�%nY1LI i y tdl RJ VVIIVVtion, to A '?.......1\In... c.h�.l.l.. rlio.rnn.co... L. 1 9V pn V V I 1 V1 ILdll \.dIV'.JVVV V 1 ILdLLAI \dVLdV R Hazardous i� grid +nvir► ic +oc that the or V 1 Iaza �. ous...:..1nd Lo—ic Y%niYLAVLVV that ti 1V Vi 1'v it it .i 1iJ4V4 4L1y idnn+Lif1c r�l nrJ do 11,ic rc d + 1\.dI 1LII I\d till 1\.d \.AII v V l V \.d L c�fol�A safel m h r ICI • � �r:x■'a.rrv'11r'�r a.1<r r .. rL +v �rc"ry rrr llrl.�r1L�...�r Except � provided iidod it this chapter: `xVVpL as I _I V Y 1\.dV\.1 11 1 L1 IIV VI IapLVI . 1 ..... ▪ 0.. ▪ I f .....garbage .. A �. 11 `r ` r'+ be cons near the r'nm 1 IVC..11 tl IV corn. li A R f`nllor►+1nn of rr . . V VIIVVtIVI 1 of y tA1 i f , rn�rr. tnIi .... h o ......rc returned YY111 NV r etu 1 e\.d VI 1 o rh r. h ..o of firm accessible NV VI Ld firm 11 v l c r irnis \ n rl + +�r1.....I1n +ir►�....... +n .+h�.......nr►r►1 occupant +h�......hnrnl Irrh nr I+c 11v1 1LLV1 1 1 IVLIVV LV ,hie VVVL.I�Jtdl 1L 11 V111 ,hie 1✓V1 %_F A 1 1 VI 1LV unfit rn.I .. + +r. .. ,c I L , Kodiak Island Borough, Alaska rl 1 .. r .... rorrl..ioc+ of the ...r person m.... l�ir rr the deposit c.1 I egL�;es+, V1 LI IV pe VVI 1 1 1 ILAI\11 1 \..1 tl IV \deposit ra 1I sz� �za n I r rmcrl" .. vv vv V § L, 1 .986. 1 V1 11I I1 §8.20.080]. v V I ' r r r " l; if record of +1mc IAA r n1, AA . r const r►nnc +i +1..1 +oc. �.....1i i-i.. r►h rrro�hlo.... rr 1n + +.ho property or+ ., rirJ.... �....status ...+ho itutes Ld IIVI 1 c ILd1 gea tdytd11 IVL LI IV p ope ty t41I%4 has Ld the sa c mo m�nr r any other .I.ic n....,.nr.....,.mnr+rr rro. against rlrnr�or+vA I IV 1 1 ILdl 11 IVr as Ldl l Vtl IVI IIVI 1 or 1 1 1\JI t Ld isL the ' .JI V L 7 1 OOt nrd 95-15 �I 1 001 Ord. ail - §#3, 'I OOA • nrd a 1 ; , 1 VVV, 1 %.A. § F 1 V JV, % 1\d. JV 1 1 J F , % 1 \d. V 1 rJ o c i rr r»+o rl rl i s ran c n I fir► l \dVV1 \.A . ' 1 1L ALV\. 1 . ..... ' .. \011V1JVV611 ....... ' .. 1 r "'filch + ....... °....n .I. r^ :n . m ° n# ILAVIIILIVV +h rr tl I 1 I+# m' +if ' II�A ‘hori nr�orior• J �4 LVI1°1 .4 J 411 VAIV1 r% 1 opened; r r r►n +�.r r VVr Itai IV1 r ra 1 rl .rir`I....ch'll...ho...r l'. r► or I ` I. ...nnco...nr�. + ...ho...rrrnl lr�rl ...nr�...+.ho...r� l�.A nf...r►nl.Ior►+Inr . nr I�.A and V1 1 411 be p!acV%4 Nose on 1 LI IV y 1 vL.11 I%4, v1 1 LI IV Ld V1 coHecLIVI 1 V1 11 r,II 1, same ci... ro cr hlo V\..1V1 1 1 V LAV V I I roc +c.. shod! .....have 1 rests +.1r :.I,Iv �n.Aho.n nr�onor�L.. LI J 411 YYI IVI 1 %1 1 IV%l I nr " +orJ nri +ho +r�� olorl right- of- �n��.i.' IVVLdLe d %111 Li rV LI LdvVIV\d 1 I 1 1L V1 VViLd r r►1�c ..c.h.�I.l.:: ho. lnr Wit, L rir'L. r 1"rrX)%, J. LI'I 1'toV1 \v r rx.4r1 `ICJL:i `r`VVLetL a 71 1 +hnr1- orI.......r',' ri +r r'+nr ...... Lit 1V1 ILV�.I VVI ILI� . route, frog from nhc+�r►loc and obstructions. [rrd. Q1 5'? 1 oute, free i i V1 I l obstLAVIVV a d VNVtI uctio IV. VV V r as if . +ho....r►h rrro.. had as i1 the charge y V ,Amon+ [nrd. 9 0n y 1 I IVI V L V and cfflr ► ion +IAA disposed of �+ ....... ....c ..... Am vei r� l . ......1'A......l ' a i nn ho rJ�cr�ncorJ r f nrdir��rrr►oc .... V1 \d11 lances, Ian Ao r contain, n +h01A.... \AAIII,.. n V LI IV 7 YY111 1 I r► I( c m A not ur \ V 1 1 1 1 IVL Irl..c i i+1 . rd e. ilo grid rorri 1..I� +inr�c.......... 1`L1 %# i.di Ind 1 eg d ati %o IV. rrs r 71 ...1.1 n r...., maintain, 1..Y 1'V L:1v 1 r ` .. . A r �G': V YY F ©c nornnr +or-I tAAi +h \.dV I V I s..1 YYILI 1 et ermines 1 r1 c .. r! Vtermil IVV VLA o.... t1 icnncc d of in . \.d1V'.J \./ 11 1 r►. Jr_ 1 asl nr,A Q ti') n . VV 1 , V1 \d. VV VL % ZV rough. � 1 VLd�.A1 1. l c�fo�A grid Vr.:1l V and rl, n n+1 r►o..,: c:: + ho 1 I LdV LI I 1 1. such1 s..1 + Ordinance No. FY2010 -07 Page 6 of 19 a nrrl s2 -'-n za 1O %,96; t/1 Let. VV 39 V � L , 1 LJVV. r r'r►I�c for collection, the r'r►I�c ch'll be 1 1 racks o1 ..,....Vv1 ev iv1. L1"e racks J1 1a 1 be no ILdtc IVs, and VI ILAII nf... +ho.... +n nrnr�or+1oc.....1..i ,Ic C...,rlrovon+orJ h .A physic a! obstructions; . .. VI the LY�AIYV properties tIVV AI IIVVV prevented V VI Ite\d N fr I I J iVLd1 VI✓Vtl ucti\JI IV, intain rl �n rrnnrJ r'r r d +lnn, lr d r l ir .: 11 1 L LA i l r # %.1 r 1' °1 "� lJ i �1 1,J J 1 "1 l �l 1 L�1 . rubbish., and trash h�II h on the d , determined rI _'nrl specified d h _A 1 \.dbbIVI.1 LA1...1\l ... .L1 LdV1 1 shall. 1✓tI V1 1 LI.....1V % 1L d dVLV1 ..1..1111..1V%d.........6.11 1\.1 VpVV1I Ie %1 b Ira +r n §/I 1986: nrrl 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 Q ')C. nan ( nnnr l �+nnclifinn 8.5.09^ V ener ! of 11'1:. �....m r10r tht....i. i..innor►o � ril�. n .:.ffon io.:.tn..... rvt person r r property. ..:. 1 11 1 a 1 1 1 11 1 LI 1 1s LA1 11 1css 11 Y 11\.11 1.71 'i Y\.I to LA1 1 Y r ./e1 sot 1 o1 r ./1 o LY . scattering paint i-id ..iri .rrnnrJ repair, . rir` L... �h ill.....ho....thnrnl...lrrh.I fli..i�hor`L....�rid I hor`L...o r'h....rJ-� , « S2( '2Q_ pJa11 1Led, and, 11 1 g I epa11 , and shall be LI IV1 VLAg1 11 flushed L. Al ILet %A VVLAsI 1V\eI each 1 Let . L V 1 \e' VV 39 A D The hnrnl lrrh %AIi11 maintain r1 r�r rnr�rl ▪ fo Tito to ho 11ti117 . o 1 1 I RJV1 %1 1 1 VV 111 LA1 1 c4 fr fr I V 1c.ALV site LV be LA L111 B . ... :: No person ......::may deposit or dispose .....nf ..... any m +c r1 1 :. borough ithnl » It first r�iirirr �r1r11ir►�hlo fees o�t�hli�ho NV1 %1 1 " "1 VV%AI 1VLAL........,111 first LA 11 " " "1 a 1IVLe1RJIV ees estaN11V1 1V y N y y NN 'L.a ....I= n rmcr . r 1 r �1 8.25.010 Purpose 8.25.020 Def i n iti 8.25.030 Cons 8.25.040 Soli 8.25.050 Li 8.25.060 Solid 8.25.070 Solid wa 8.25. 8 8.2 8.25.1 8.25.140 8.25.150 8.25.160 8.25.170 8.25.180 8.25.190 8.25.200 8.25.210 8.25.220 8.25.230 8.25.240 ashes �ho�.......!eaves, or debris, .or Ir s .. nf.....�r'i m�tor1�.1.. nr.... 1tom being h�1lIorJ.......��.......� ro�1.....11+ o , V7 � ebri , \JI 1%I J V1 any 11 1 ALV1 1L41 or IL 111 NVII g 1,G��..!ed as a I esu! f o f r1 I ... L r r r.,. evf .. 8t VV. V 1VV• m. : SOLID WASTE C f - ' ....f n service rl r. 1 Section 3: The Kodiak Island Borough Cod Chapter 8.25 Solid Waste Collection a enacted as follows: Dio f nn nr, Trans Disposa Disposal a P rohibiti on so lid wast er 8.25 N AND DIS rn,.e ‘,A r ulation and arevention of nuisance oli waste azard+aus and toxic wastes n burning of solid waste andling services ditions of service rhiiti► of scavenging Ownership Baler facility and sanitary landfill User fee schedule Prohibited disposal Applicability of federal, state and local solid waste law Administration, implementation and enforcement Enforcement officer Violations, enforcement actions and remedies iltr 1 . 1 .. L . 1 ... r ru r y ttii.r v vV 11 r , r.A1 1�.1 Li "tiel�:il 1 V1 "ILeIr1 " "' N1;.+ "'1' \ V'�iL '.iY'V'rrA1 1 VVV'11 . Io r... f� r► 111f�.r+r�l.....c�r+1t�r�. c.4IeI 1 c.AvI I I L J c. Al 1\1 sanitary Lc.41 h f r'illty mn1r1f nir1or'1.,. b tho 1,1,41,•1 14IW111L I I I IL I\er N� LI I °1 1 t i n ri of � LA L1,11 1 V 1 L comh1�. FC rrJ S2(- .. V11IN1 . L V I \eI. VV Title 8 Health and Safety, is hereby repealed is hereby Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 7 of 19 343 8.25.010 Purpose. The purpose of this chapter is to regulate the management of municipal solid 344 waste (including storage, collection, processing, recovery and disposal of solid waste) for the 345 following reasons: 346 1. to protect the public safety, health and welfare of the people of THE BOROUGH; 347 2. to protect, preserve and enhance the environment of the people of the borough; and 348 3. to provide fiscally responsible solid waste management. 349 350 8.25.020 Definitions. In this chapter, each of the following terms has the respective 351 corresponding meaning: 352 "Bear Cart" a aa d • d to a oop g b b 353 354 Bin ea re ep e fo ton g o • N, a e #t p o 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 Cart e a eled e e a o tor • o 393 or fully-automated vehicles. such as those having a 3- to 8- yard capacity, sometimes refe Bulky item(s) a 1 r eite o alio e, director, which can be safely lifted by two individuals dolly, g premises and discarded at residential set-out sites, such as the following: 1. furniture, including metal desks and storage nets, 2. pianos and organs, 3. televisions, 4. large appliances, including washers, driers, refrigerators freezers, dishwashers and stoves, 5. toys, bikes and dismantled swing s 6. lawn mowers and snow blowers wit customer each calendar month, with 7. any item (other than lumber) that c requirements: a. not longer than length, b. weighing no more than 70 pounds. Bulky items does not 1. material enerated a 2. bun 3. 4. 5. 6. rai 7. remo 8. carpetin 9. sinks, conc 10. windows and 11. lumber, 12. animal waste, including all excrement from domestic animals or r a aria! t at be do a 13. liquids, including paint, 14. hazardous waste, including household hazardous waste, 15. fuel oil tanks, 16. any automotive parts (including vehicle batteries and tires). Kodiak Island Borough, Alaska e of re wiling wall timbers, retaining . ng shingles, ubs and cast iron plumbing fixtures, or o I bd be e e o ed at residential oil in them, up to 4 auto or pickup tires per down meeting the following s, including commercial business operations, and fowl, and all hay, straw ed be e e Ordinance No. FY2010-07 Page 8 of 19 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 BOROUGH for collection of solid waste and transportation to the borough landfill. Collection service area ea II • e *le b o • te olle o le la roads maintained by the State of AK, the Borough, the City of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the Borough, except for the USCG facilities and unpaved portions of Anton Larsen Road. (such as carts or types of solid waste) in the Borough that are not Compactor ea a re container or bale. M CO ollectio co tract" means the contract described between the contract hauler and THE tra Director" designee. Disposal Dispose ans propert Hazardous or toxic waste a 18 AAC 50, such as poisons, pesticide wastes, radioactive materials, explosive products, and burning or smoldering materi Household hazardous Borough Iandfill means the Iandfill owned by Multi-fa (such as Pre commercial. Recyclables ercial" describes people (such as customers), places (su t ha ler" means the contractor under the M ea escribes again or for a new us borough manager or (or as provided in Section 8.25.030, her) Kodiak Island Borough, Alaska r function. o tad a o a a a a rial that meet atteries, c mmable gh. er o e as premises) or things al or multi-family. definition of 40 CFR 261 and nfectious or pathological terials, oil and petroleum ed o e olio mers), places (such as premises) or things rough that are not residential. a e ot r e tia •r a d e o e nits) including apartment complexes and trailer courts. having any habitable building, whether residential, multi-family or o di o or ad Residential Premises ea a pre e 1. It contains one, 2, or 3 dwelling unit(s), and 2. Each dwelling unit is occupied by related individuals or by 5 or fewer unrelated individuals. ide ia p e Roll-off " op -topped rectangular receptacle for storage, collection and transport of solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). Ordinance No. FY2010-07 Page 9 of 19 445 446 Scavenging t e o t of ed e o aI o ate a for recycling or reuse. 447 448 449 450 451 452 453 454 455 "Solid waste" ipa o d a d 456 457 "Solid waste collection" e a o re o ce tray t rage 458 point of a primary generating source (such as a residence or bu mess) to a place of solid 459 waste disposal. 460 461 "Solid waste disposal" the orderly proce 462 463 "Solid waste generator" a o 464 and working. 465 466 "Solid waste storage" e o id ..:...:..... 467 manner, after generation and prior to col action and dispos 468 469 8.25.030 Construction. 470 A. Words. In this chapter, the masculine 471 0 o e to € 0 472 consistent with the conte t. orris used in the present tens 473 deeming any meanin 474 B. Citations. R 'a 475 u le o er 476 section. 477 C. Design 478 includes 479 480 8.25 481 A. A soli 482 the period b 483 484 B. A solid waste enerat p old ate toad generator 485 follows: 486 1. in a clean and sanitary manner that does not create a public nuisance or health 487 in the judgment of the director, and 488 2. in accordance with all other applicable federal, state and municipal statutes, ordinances, 489 rules, and regulations. 490 The borough may clean up solid waste that is not kept as required and charge the owner of the 491 premises the cost, in addition to prosecuting the owner for violation of this chapter. 492 493 C. No one may negligently feed a bear, fox, or other wildlife, or negligently leave human food, 494 animal food, or garbage in a manner that attracts these or other animals (such as dogs, cats and 495 rats). "Sewage solids" means waste that passes the paint filter test (EPA Test Method 9095, published in Test Methods for Evaluating Solid Waste, Physical /Chemical Methods (SW- 846)), adopted by reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer, septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge. id waste acc to generator tee his regula of finally disposing o Kodiak Island Borough, Alaska ct c� r� or a o k� waste. 0 day living Ordinance No. FY2010 -07 Page 10 of 19 and neuter. (For example, � l include the future tense (such as ough staff person by title (such as the director) lation ad prevention of nuisance. y not accumulate /store solid waste on his premises longer than scheduled collection or two weeks, whichever is greater. pre e a hazard, 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 8.25.050 Litter. No one may discard solid waste (including litter, junk, trash, garbage, or vehicles) at the following sites: 1. public streets, roads or alleys, 2. publicly owned property or premises occupied by the borough, or 3. any privately owned property or solid waste storage containers, except in containers with the consent of the property owner and for the purpose of collection. 8.25.060 Solid waste collection service. A. Regular service. Every owner of premises in the collection servi and pay for solid waste collection service at its premises by the co in carts (including bear carts), bins or roll -offs, as authorized determined by the director, even if that owner self -hauls all disposal at the borough landfill or recycling at a processing fa B. Temporary service in bins /dumpsters. Anyone bas a temporary need or conducts construction or demolition on its premises may subscribe to and pay for solid waste collection service from the contract hauler for bin or dumpst r service. 8.25.070 Solid waste storage and set out. A. Storage. Generators must place containers in locations where the container will not be easily tipped (such as by animal or win They must lids on containers and keep out rain and snow. They must drain solid surplus liquids and "place them in watertight bags before discarding it in containers. B. Set Out. 1. Site. Anyone w his or her con a. roadsid b. in an adjace c. within three fee (For exa the c alley Anyone who do the followin 1. discard o pro id d b 2. clean up any solid waste collection service in cart or bin service must place owing locations, or as instructed by the contract hauler: s are adjacent to more than one street, alley or roadway, t the cu t r er to set out containers on only one specified street, to collection roll -off service, whether in a cart, bin or roll -off must bagged or bundled solid waste inside the cart, bin or roll -off a id waste discarded, scattered, littered, or otherwise strewn outside the ch the contract hauler can drive its collection area must subscribe to uler at least weekly, S 29.35.210(a)(4), and ion of its solid waste for cart, bin or roi "I -off. The contract hauler is not required to clean up solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin or roll -off, except for solid waste that the contract hauler spills during collection and transportation. Anyone who receives solid waste collection service, whether in a cart, bin or roll -off, must not do any of the following: 1. discard dead animals in the cart, bin or roll -off 2. discard any solid waste outside the cart, bin or roll -off, including the following: Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 11 of 19 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 a. litter, b. bulky items (such as appliances, bed springs, mattresses, furniture), c. non- b le ed 1 i le o "b I a construction/demolition waste ( unless as allowed during temporary service as in KIBC 8.25.060(B)), tree limbs, lawn clippings, animal waste); and d. hazardous or toxic waste. No one may discard any material in a roll-off except for the roll-off provided by the contract a ro apron old oil o C. Clearance and access. A cart customer must maintain a clearance between each cart and any mailbox, vehicle, snow b obstruct collection (including the arm on an automated collec maintain clear access to the cart set out site so that the co carts, including clearing away snow and other obstruction D. Bin sharing. Two or more bin customers must share bins (and the alloc for solid waste collection) if directed by the contract uler when there is limite or collection of bins. E. Safety. Each customer must maintain its set out site o ee . If the ontract hauler d safe, it is not obligated to provide collect! on service there. Co location with customer for each occurrenc ainerized. No oi Je his containe the contract H e ma 8.25.080 Solid waste discard. A. The contract hauler is not obligated to pro this Section or in the collection contract. 1. Solid waste contract hauler e contain tha u wher contain protrude container.) e con ollectio cti as pa um of three feet of or other object that would . A cart customer must cles can lift and empty ehicles). ervice charges for set out at it is safely accessible to contract ines that the set-out site is not ntractor will coordinate safe set-out ice in any of the events listed in ay discard any aterial in a container for collection by the te. The contract hauler may inspect the contents of any ect any container that stores materials other nt, the omer must pay the contract hauler $50 (or other ctor). ay discard any solid waste for collection by the contract hauler t f or bulky waste discarded at the time when, and place uler is obligated to collect bulky waste. He must tightly close not place solid waste on top of a container or allow solid waste to ainer. (The contract hauler may refuse to collect any overfilled 3. Within weight limits. No one may discard solid waste in containers in excess of the weight limit that the contract hauler prescribes on the container. (The contract hauler may refuse to collect any overweight container.) 4. At Proper Set-out Site: No one may discard solid waste for pickup by the contract hauler anywhere except at the set-out site designated by the contract hauler. (The contract hauler may refuse to collect any misplaced container or bulky waste.) Kodiak Island Borough, Alaska Ordinance No. FY2010-07 Page 12 of 19 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 5. Contaminated recyclables. If the contract hauler provides recyclables collection service, no one may discard any material in a recyclables container for collection by the contract hauler except recyclables. The contract hauler may inspect the contents of any recyclables container. The contract hauler must collect that container and discard its contents as refuse. In that event, the customer must pay the contract hauler $50 (or other amount established by the director). B. No refills. No one may discard a second load of solid waste in a cart or bin immediately after the contract hauler lifts and dumps the container. 8.25.090 Billing and collection. A. Payment. Everyone must pay the contract hauler for solid waste collection service at the following times: 1. monthly by the 25 day of each month (in advance) or other time provided in the collection contract, or 2. as determined by the director. If he does not timely pay the contract hauler, t payment fees: 1. established under the collection contract, or 2. as determined by the director [as outlined in KIB 5.190. B. Deposits. If following request by t that someone who is commencing ne community to assure timely payment of so direction, that person must deposit with determined by the director) The contract hau ontract haul which the owner may re owner has establish obligated to escrow C. Liens. Charges for so against the tax. If a or by servi timely pay n the deposit. er may charge the following late ract hauler, the borough reasonably determines as not established sufficient credit in the ction service charges, then upon KIB $1000.00 (or other amount y retaine °deposit for up to one year after to return the deposit if KIB determines that the ent. Neither KIB nor the contract hauler is disposal service constitute a lien chargeable servi � , as if the charge had been levied or assessed as a property waste service charges, upon request of the contract hauler he borough may foreclose the solid waste collection r as any her lien or mortgage against property. eryone who transports cargo such as ashes, leaves or other pill, drop, leak, sift or otherwise escape from the transport vehicle c alley, street or road must contain the cargo by either of the 8.25.100 Tr materials that during passage following means: 1. A tight enclosure or container that is an integral part of the vehicle, or 2. a separate cover that is fastened onto the vehicle and secures the top and all sides of the cargo. 8.25.110 Disposal of solid waste. No one may dispose of solid waste generated in the collection service area or USCG except in accordance with AS 29.35.210(a)(4) at state - permitted solid waste processing and disposal facilities in the borough, including any recyclables processing center operating in compliance with law and the borough landfill, unless exempted in writing by the director. Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 13 of 19 647 648 649 8.25.120 Disposal of hazardous and toxic wastes; used motor oil; electronic waste. 650 A. Non - Borough materials banned. No one may dispose of hazardous or toxic waste, or used 651 motor oil, which is generated outside the borough, in the borough. 652 B. Residential used motor oil: Everyone must dispose of any used motor oil generated on 653 residential premises, at any facility operating in compliance with law, including the borough 654 landfill. The borough landfill will charge the following fees or other fees determined by the 655 director: 656 1. Up to five gallons per month without charge, 657 2. In excess of five gallons per month, but less than ten gallons per month in containers not 658 exceeding five gallons in size, for the charge in the Borough User Fee Schedule. 659 C. Household hazardous waste: Everyone must dispose of household haza rdous waste at 660 the borough landfill (or other borough facility or sponsored collection event) and day borough the 661 following fees or other fees as determined by the 662 1. Up to 40 pounds per month without charge, 663 2. More than 40 pounds per month for the charge in 664 665 Everyone must dispose of electronic waste generated on premises that are not residential (such 666 as businesses or schools) at a facility d by the director or absent designation, at a 667 facility operating in compliance with law and pay'th urges established at the facility. 668 669 8.25.130 Prohibition on burning of solid w 670 odor or black smoke that I as an a verse effec 671 the director, including 672 1. Animal card 673 2. Petroleum base 674 petroleum or petro 675 3. An 676 677 8.25.1 0 ing srices No one may directly or indirectly provide, organize, 678 man id was candling services to someone else for compensation in 679 cash, in following: 680 1. T nd 681 2. S g solid waste as an incident of its primary business (such as a 682 contractor ransportin construction and demolition debris), in its own vehicles. 683 684 8.25.150 General conditions of service. .................. 685 A. Collection hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time 686 to time by the director. 687 688 B. Vehicles. Contract hauler will keep each vehicle that it uses to provide solid waste collection 689 service clean (flushed and washed daily), well painted, and in good repair, in reasonable 690 judgment of the director. 691 692 C. Carts and Bins. The contract hauler will provide everyone that receives cart or bin services 693 with use of a cart, carts, bin or bins for storage of solid waste. Carts and bins will remain the 694 property of the contract hauler, unless otherwise provided in the collection contract. Solid waste hall erect or sponsor S d or credit, except the The co tact hauler, ome�r transportin 0 nearby p orough User Fee Schedule. burn any materials that cause ons or property, as determined by h as plastic bags, or other materials contaminated with Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 14 of 19 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 D. Customer Rights notice. The contract hauler must provide each customer with a written to e t of e, o t o c, t to to € di or, I df t i e following: 1. type and capacity of subscribed containers, 2. the day (or days) of service, 3. the location of the container set out site, 4. i ar d a d a t materials that may not be discarded, such as household hazardous waste (with alternatives for safe and legal discard), 5. schedule of monthly service charges 6. a description of optional services (such as scheduled or on -call collection of bulky waste, collection of containers from on the premises rather than the public set out site certain container exchanges, bin locks, etc.), with applicable 7. any other matters required by the director. 710 8.25.160 Prohibition of scavenging and tamperin A. Solid waste removal without permission. c t er it out rid waste collection services with that container or owns 1. The contract hauler, 2. A law enforcement officer, 3. A Borough employee, or 4. Someone authorized and directed waste audits. B. Use of container container for any pur solid waste collectio 8.25.170 Ownershi generator u A. P cust where t refuse rece Self haul. T of a premise where legally discards the s baler and landfill); ission. e written pe at container trash cans. The c � scards a bev custo purcha e pt c located at r, such m someone t p or oh ontainer, except the following: someone conducting solid a t or eon ission of the individual or entity that pays for ns that container. carded material) remains the property of the of the fallowing events: ally discards the solid waste (for example, a restaurant r into a refuse receptacle provided by the restaurant everage; or an automobile passenger discards litter in a as station for use of customers); cupant, manager or other person in possession, charge or control aste is generated removes solid waste located on the premise and waste (for example, a resident self -hauls yard debris to the borough C. Contract hauler collection. The contract hauler collects solid waste from its customer and recycles or disposes of it in accordance with law. Absent the occurrence of these events, solid waste (or other material) remains the property of the generator even if the generator abandons the solid waste, exercises no dominion or control over the solid waste or asserts no ownership of the solid waste. If the generator abandons that solid waste (for example by litter or illegal dumping), the director may clean up and discard the solid waste and charge the generator the related solid waste handling costs. Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 15 of 19 745 746 747 748 749 8.25.180 Baler facility and sanitary landfill. 750 751 752 753 754 755 B. At the borough baler facility and sanitary landfill, no one may do any of the following: 756 1. enter outside of posted opening hours, unless otherwise authorized by the borough; or 757 2. Deliver any materials prohibited under section 8.25.200; 758 3. Discard any material without first paying applicable use fees and section 8.25.190; or 759 4. Dispose of any material in an area other than a desi nated area. 760 761 8.25.190 User Fee Schedule. A. The Borough will provide for the disposal of solid waste generated in the borough, at the boro baler facility and sanitary landfill or at another facility or in another manner approved by the assembly (such as a materials processing or composting facility). nit of time (such nnel upon de live ye and amoun �v eth materials 762 A. Enterprise funding. By resolution, the assembly will set f ps for solid waste management 763 services provided at the borough owned or operated fail It es (ncluding disposal of solid waste 764 and household hazardous waste at borough' or a e a Oar d e 765 o r the r ation, maintenance and ca It l improvements without subsidy 766 from any other source, as an enterprise and non ubsidized freestanding operation. 767 B. Cash or commercial charge accounts. one may deliver any material to a facility owned 768 or operated by the borough without paying es established by resolution of the ............ 769 assembly in cash upon delivery, except the fo 770 1. the contract hauler an ether commercial users determined by the director (such as 771 contractors that ularly ivery cons t action and ° demolition debris to the borough 772 landfill), which m y establish arge accounts under subsection D. 775 1. per u 776 2. pe 777 778 3. 779 4. for a 773 C. Schedule. The ass 774 different cate se lish a User Fee Schedule, which may provide fees for g of soli �...�___, hour) for materials that require special handling by facility (in addtln to the applicable fees per ton), hazardous and toxic waste, 780 D. Charge acc un s. The lector may extend credit for user fees as follows: 781 1. An applicant must may obtain a credit application from the borough director of finance and 782 submit it to the 783 2. All credit applications are subject to approval by the director of finance in his discretion; 784 3. The charge account holder must pay bills within 30 days after the borough mails the 785 monthly bill; and 786 4. The director may revoke credit and charging privileges without notice to the charge account 787 holder at any time an account becomes delinquent. 788 789 8.25.200 Prohibited disposal 790 791 A. Unpermitted. No one may deliver to, deposit at or dispose in the borough landfill, any of the 792 following materials: Kodiak Island Borough, Alaska Ordinance No. FY2010 -07 Page 16 of 19 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 1. t a po ibi • d d r - boo h's solid waste disposal permit issued by the Alaska State Department of Environmental Conservation, 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 OR 18 AAC 78, 3. Sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as determined by the director, have been submitted to the borough, and 4. Material generated on any vessel that has not been inspected by US Homeland Security or USDA. B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the following requirements: 1. It is mixed with nonexempt waste, 2. There is a public health, safety, or welfare threat or environmental problem associated with management of the exempt waste as determined by ector, or 3. The exempt waste is being managed in a manner s or contributes to a nuisance. xe p a te means the following: 1. land clearing waste, including excavated similar waste; 2. tree limbs and other foliage or woody debri timber harvest area; 1. 3. bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot be easily removed; 4. crumb rubber used in asphalt pav 5. crushed glass; 6. crushed asphalt pavement used: a. inabuilding padorparkingare b. as a material to construct a cont s eek reme of solid waste Ia ect to environ 601 et se nservat 8.25.210 Applicabi rules, regulations, provi amended, re ea law is a vi actions Exam A. U.S. 2. Resour 3. Clean Air Act (Healt seq.); 4. Emer enc 5. Alaska De or rep Plannin Kodiak Island Borough, Alaska tate and Ioc ditions pro a of solid waste law. and Communit Ri a ment ber butt ends, stumps and other referred to as "slash," in a pavement; or or a tank farm. lid waste law. Solid waste law and the gated under that law (as they may be rough and failure to comply with solid waste e borough may, but is not obligated, to take enforcement on: hensive En vironmental Res•onse Com•ensation and Liabilit Act of 1982 (42 Act (42 D.S.C. §6901 et seq. C. §1351 et seq., 42 U.S.C. §7401-7642); and California Clean Air Code Sections 1251 et seq. and Health and Safety Code §39000 et artment of Environmental Conservation Solid Waste (18 AAC 60); ht to Know Act, (42 U.S.C. §11001 et seq.); B. with respect to solid waste handling labor: 1. Occupational Safety and Health Act, (29 U.S.C. §651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); 2. Immigration Reform and Control Act of 1986 (PL.99-603); Ordinance No. FY2010-07 Page 17 of 19 844 C. Miscellaneous: 845 1. Civil Ri• hts Act of 1964 (Sub chapter VI or Chapter 21 of Title 42); 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 8.25.230 Enforcement officer. 864 A. Authority. The enforcement officer has the authority to issue citations, summons, and 865 complaint, or notices of violation to anyone who violates this chapter. 8.25.220 Administration, implementation and enforcement. The director is authorized to administer, implement and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The director may request assistance from other persons or request that other persons administer, implement and enforce all or a portion of this chapter. Examples of other persons are: 1. The Borough Director of the Finance Department or the auditor - controller (for example, with respect to collection of user fees), 2. City of Kodiak Police Department, 3. KI B Attorney, 4. other KIB departments, 5. District Attorney, 6. Alaska State Department of Environmental Cons 7. Alaska Department of Fish and Game, 8. Alaska State Troopers; and 9. an enforcement officer. 866 B. Citation. A citation filed in the district c rt chi ding a violatio 867 a lawful complaint for purposes of prosecution under the chapter. 868 8.25.240 Violations, enforce ent actions an remedies. 869 A. Violations. 870 1. Per failure. Each failure to comply with any provision of this chapter or any regulation 871 promulgated ur d r this chapter constitu es a separate violation. (For example, 872 scavenging is a Sara y o at cn four each container from which materials are 873 sca 874 2 Per day. Each day a vio ati n continues is a separate violation. (For example, failure to 875 Maintain a collection vehicle acc ordance with Section 8.25.150B is a separate violation 876 for each day until the ve hicle is repaired.) 877 878 B. Infraction. Violation of any of the following provisions of this Chapter constitutes an 879 infraction: 880 1. KIBC 8.25 through 8.25.090 (with respect to solid waste generator responsibilities), 881 2. KIBC 8.25.1 o through 8.25.130 (with respect to anyone other than the contract hauler). 882 883 C. Misdemeanors. Violation of any of the following provisions of this Chapter constitutes a 884 misdemeanor: 885 886 887 888 889 D. Violations or Infractions. At the option of the borough Attorney, the borough may enforce 890 violation of any provision of this Chapter as either an infraction or a misdemeanor. 1. KIBC 8.25.140 through 8.25.150 (contract hauler responsibilities), 2. KIBC 8.25.100 through 8.25.130 (with respect to contract hauler), 3. KIBC 8.25.180 through 8.25.200 (with respect to solid waste facilities). Kodiak Island Borough, Alaska er this chapter is deemed Ordinance No. FY2010 -07 Page 18 of 19 891 892 E. Enforcement Actions and Remedies. 893 1) Criminal and civil actions. If the director believes that someone has violated any 894 provision of this chapter (whether that person is acting or failing to act in the capacity of a 895 principal, agent, employee or otherwise), then the director may institute any administrative or 896 judicial enforcement action and exercise any legal or equitable remedy available to the 897 borough under law, such as the following: 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 hapter a. criminal prosecution seeking punitive penalties or imprisonment, b. civil actions seeking injunctive relief, c. civil suits seeking damages or civil penalties, inc uding the costs of any corrective action that the director deems necessary to m ggate consequences of violations, whether acts or omissions, or d. Administrative citations imposing fines pr imprisonment unor C )JCX the borough Code. e. Proceedings to declare a properly public nuisance and abate t nuisance under Chapter X)(X of the borough Code or summary abatement es permitted by law. 2) Injunctions, etc. If the director believes that a p rs n will immanently violate any provision of this Chapter (whether ttrson is acting oiling to act in the capacity of a principal, agent, employee or othese) t the director nay exercise any equitable remedy available to the borough under la sub as a temporary restraining order or injunction. 3) Enforcemen actions and any single enforce enforcement action 922 923 924 925 926 927 928 929 ATTEST: 930 931 932 933 Nova M. Javier, MMC, Borough Clerk 934 935 Kodiak Island Borough, Alaska remedies are cumulative, not exclusive. Enforcement mulative, not mutually exclusive. The director may institute rcise any single remedy or a combination of multiple ately or simultaneously. The director need not rcement action or exhaust any particular remedy before or exercising any other remedy. MBLY OF THE KODIAK ISLAND BOROUGH DAY OF 2010 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Ordinance No. FY2010 -07 Page 19 of 19 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 4, 2010 REGULAR MEETING TITLE: Confirmation of the Assembly Appointment to the Citizens Board of Equalization. SUMMARY: On February 11, 2010, Mr. Mark Anderson submitted an application for the Citizens Board of Equalization for a term to expire December 2012. 3.35.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board by appellants. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 cd RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Mark Anderson to the Citizens Board of Equalization for a term to expire December 2012. ITEM NO: 13.D.2 Kodiak Island, AK - Official Website You are here: 1-cg Forms Please complete the online form below. VOTER ID NO. VERIFIED BY APPLICANTS RESIDENCE: DATE APPOINTED: TERM EXPIRES ON: APPOINTIVE NT LETTER: ROSTER: OA'TH OF OFFICE: FINANCIAL. DISCLOSURE Personal Information select the Board, Commission, or Committee appiyinfj •or : Name:* Home Address:* Home Phone Number:' �.. 'e :* Business Phone Number:* Occipation:* Email : Length of CO, . in dick: Are ou a registered ''' High School.: Trade or EhiSilleSS SCh001: X04 - A\aer6d tt 51.citer kiki 4,y L1194,-33/I euvike (— Niue A * v' Abatri5,001 Residency Information 1 1 y eggrs 40 Yes . Education and Hobbies No 515 gelik Un;Fef5dy, iff 154 Organization Membership infbrmation Are you currently serving n n other Boards, CornmissiOlIS, or Committees?* if yes, which: Have you served on a. Board Commission, or Committee before?)' if yes which Please list. organiz.ation memberships and positions g lAYic :- , t ,i4.4 di Andre ears. )/t'4 � iepori fr, indicates required fields. Please List Areas of Special interest t t{ Yes $rdio at; a c n5 Pease Enter Basic Resume Information Below fit 14- ri ROUGH () crrvic Ler h z..4.1. foe\ fl# No ck mki: y 44.1s4 Paae 2 of G hmJr E e ROO el tt : //wy v.ko is a .. o - m . PX` 1 —72 &PREVIEW =YES 2/9/2010 KODIAK ISLAND OF O G TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Cheryl Boehland 2012 486-3480 539 -8529 pherylboe,hiand@gmail.com PO Box 8529 Kodiak, AK 99615 NAME Karenia Hackett 2010 486 -6168 486 -8111 I 3728 A Gull Drive Kodiak, AK 99615 Vacant 2012 Cassandra J en er 2011 486 -2221 486 -9325 942 -2200 cassandra123@qci.net 3899 Harry Nielsen Kodiak, AK 99615 John Parker 2011 486 -3084 486 -3084 to_y_box@gci.net PO Box 191 Kodiak, AK 99615 Cheryl McNeii (Alternate) 2010 486 -8415 486 -3100 mcneilmam ahoo.com 2147 Three Sisters Way Kodiak, AK 99615 K BC 3.20 050 Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 0014. roberts@kodiakak.us avier@kodiakak.us ROUGH CLERK Revision Date: 2/11/201 Revised by: JK B. Roll Call ARB Minutes 090504 old Harbor 95%.docx Page 1 of Minutes Architectural Review Board Meeting ? z k i May 4, 2009 KIB Conference Room A. Call to order The Chair called the meeting to order at 5 :45 pm. C. Approval of Agenda BW made a motion to approve the agenda. PM seconded the motion. Roll call vote was unanimous. D. Approval of 3/4/09 and 4/20/09 Minutes GH motioned to approve the minutes as submitted. JF e onded the motion. Roil call vote was unanimous. } ,, ARB Members present were Scott Arndt, Jerroll Friend, Peter Malley, Brent Watkins, , Charlie Jerling and Gregg Hacker. A quorum was established. GH made a motion to excuse the absence of Scott Bonney due to work related issues. BW seconded the motion. Roil call vote was unanimous. Also present was Jessica Wolfe, Woody Koning and Ken Smith representing the KIB. Tony Yorba of Jensen Yorba Lott, Inc. was also present. E. Approval of old Harbor 95% SA turned the meeting over to TY. TY A002: 1. It says 7/16" OSB for wainscot, that should be Duraflake FR. It's dense, durable, cheap, easy to maintain, Fire Rated and takes stain well. 2. T111 cedar plywood should be smooth face cedar plywood. T111 with no grooves. A201 Shaded areas are the basic bid and the non - shaded areas are the alternate. PM Does that include the bathrooms? T Yes, but only the showers are in the base bid. The mezzanine r e storage and mechanical room area are in the alternate. See A202 and A2 2a. It shows the alternate bid stairs going in the opposite direction and storage mezzanine over the gym. TY A002 is the finish schedule, Toilet room, alternate and base bid notes, there are limited finishes. The gym has GWB with wainscot and a concrete floor. Showers have epoxy floor to match the existing. I don't think we can afford tile. SA On C.1 there's a double wall between the gym and existing building? TY Yes, exactly. There's a 1" space between the two walls. JF Is there an attachment? TY No SA Is there fire blocking in the air space? TY 1 don't know. v. loll add that. TY A003 is the door schedule, elevations and hardware. WK Are the exterior doors galvanized? TY Yes, the doors and frames. TY A1100 is the demo site plan. 1 eliminated the site drainage on the North side of the gym. 1 just called for it to return back to the original drainage plan. 1 added a note to decommission the existing oil tank, to abandon in place. I'm showing conduit that runs between the two buildings. We are adding to drawings or as an addendum three pieces of additional work to existing High School. Faint, change out sprinklers from recessed to exposed and floor finish replacement. SA Will this be an alternate? TY Yes, to account for grant/bond money. TY A201 demo plan: remove gym floor, VocEd room, siding, shower area and flooring. TY A2 1 A shows the demo for the alternate bid area in toilet room. TY Al202 is the mechanical room demo: remove plywood and equipment, ent, boiler flues. I've shown that the metal siding needs to be removed around flue holes and patch with demo'd siding. TY Al203 is the roof demo: demo to EPDM membrane, use as a vapor barrier and install new roof. SA Is the existing roof leaking? TY Yes, no? GH It's leaking at center court. There's a big blue tarp over it. T 1'0 check it tomorrow when I'm there. TY Note 61, remove and salvage air intake hoods is changed to replace with new. GH Mechanical shows to demo everything. TY The existing hoods are supposed to remain. We are removing the louvers. WK Are they actuated louvers? TY! believe so. Removal is base bid work. TY A1 o is the reflected ceiling plan demo. SA The legend is hard to read. TY 1'11 change that. PM On AI '1 -is the GWB ceiling demo'd? TY Yes, any demo that's done needs to be patched. AFB Minutes 090504 old Harbor 95%.docx Page2of8 SA What about the existing VocEd? Is it just patching? Wouldn't a new ceiling be betters think the ceiling should be fully replaced. TY It would be better to completely replace. Also, the lights are being replaced. That should be shown. SA All the lights? TY Yes. PM Al o a -the shading is confusing. TY That will show alternate work only. TY A100 is the renovation site plan. TY A201 is the floor plan. Concrete curb all the way around. There's an outdoor program space. There is a stainless counter with a couple of sinks right inside. WK Are there floor drains? TY No, outside is sloped. Cleanup would be with a hose and squeegees. There are curbs around in case of water spillage. We dog legged the corridor in the existing building for flexibility. SA Could you move the single door closer to the double door? JF What about eliminating the corridor? TY There needs to be an exit out of the building there. TY The wall: will be lined with Duraflake FR and put hooks and shelves for storage. By the code the width of the corridor needs to be maintained. SA 1 would like to see that door moved closer to the double door. TY We could do that. Ill have to check with the mechanical & electrical engineers. KS Is there an A805? 1 don't have one. TY I just noticed that. It should be A305. TY I just noticed a drafting error. It should be 1" offset at the top and bottom. TY A201 a is the alternate bid area. Mechanical mezzanine in the shop area. 1 spec'd a pre -made stair and railing. It could be unbolted and moved later. SA That's in the specs' TY Yes PM Is the mezzanine welded posts? TY No, it's wood frame. TY A202 -it's a true mezzanine with railings that open to below. TY A203 shows the roof replacement. 1 cut back the overhang, but below the roof along the East wall 1 left the overhang due to the welding hoods. JF on A202a it should show a removable rail. TY Yes, 111 change that. TY There will be no roof penetrations. There are two existing. One will be abandoned on the existing building. 1 will check the sink vents tomorrow. SA What's the procedure for operating boilers during ash fall? TY A301 -302 shows existing elevations, match existing siding. The existing has stripes. I thought to take one color and do solids, no stripes. GH Are you carrying the existing siding over the hood locations? TY Yes ARB Minutes 090504 Old Harbor 95%.docx Page3of TY A303 shows concrete up against the existing with ice & water shield in between. Structural plywood along the wall. It calls for OSB, 1'11 change that to wainscot. KS The drip flash on detail 3, doesn't it go down and not up? TY I could change that SA 1 like the J, but it needs weep holes. PM J flashing works much better for that type of siding. JF About the FRP on the outside - there's another kind that is polyurethane sandwiched with a foam core. It only dents and doesn't fracture. TY I've speed a premade metal clad fascia with vents. 1 deepened the joists for more insulation. KS Do you call out for spacing on the holes? TY Yes, it on the detail. TY It shows void filled with insulation. TY We will put some of that cloth stuff in the roof edge. JF Where the perk bends down you probably want /" on the top with no perrs. TY OK, 1'11 do that. TY A803 is the parapet detail. 1 had to raise the parapet to get the R60 insulation. SA Is the framing treated? TY It should get wet. PM The existing parapet -does it get re -sided with a continuous piece of plywood? TY No JF Do you want to show a break in the plywood? TY It does, but the drawings aren't reading real clear. The layer needs to be fixed. TY I need to call: out Detail 3 on A803 on A3O5. SA A3O7 will the PIA curb be in front? TY Yes, show that. TY A401 & A401 a shows fiberglass showers, floor drain in front of the ADA shower. JF ADA shower leaks and the other one has a curb? TY 1 put the ADA where it is for better access. 1 relocated the showerheads so they don't spray on the floor. F You should slope the from double doors to the wall. TY Yes, 1' l l do that. SA You should draw some arrows. You'll put a note about the removable mezzanine gate? If the alternate's go there should be a removable gate too. TY We are showing a new ceiling in the training room. TY A803 detail 2 is the typical roof assembly. ifs a conservative roof. l will look into the Invisaboard instead of OSB. TY A901 is the guardrail. The screw size is wrong. 'l:l fix that. JF I think it should be x not 2 x 6. ARB Minutes 090504 old Harbor 95%.docx Page 4 of TY Yes, you're right. 111 change that. SA You should show as long stem rollers and double hinges. It's 12 x 12. GH (reads the spec on the old door) TY That's what you get with a door, not less than a 1 00,000 cycles. JF What's the R value on the door? TY R14.86, it's a Therma ore door. TY The concrete strength is 3000psi. SA. I want 6 sack, 4000psi. TY Is 45 lbs. psf roof snow load ok SA 1 like it. Wind exposure D. SA Is it an essential building? TY No. BW What about insulated concrete forms? TY Yes, it's here. BW There's nothing in the specs about them. TY Hi tell him to specify. TY Floor framing and stab. SA Please draw the slope on the concrete apron. JF On contraction joints, is there a detail? TY Its in the specifications, to be cut out after poured. JF It's not showing any insulation under the slab. BW You need to change the written spec for the concrete. GH Which way are the stairs going? TY It's right. There's an area that shouldn't be shaded. TY S300, I'II call out new plywood in the existing mechanical room. Bolt on the railing not lag. I'II have him put in a double beam. JF Or an LVL-1 %"? KS How would you attach it? GH You need to frame in outside penetration. TY Yes, it's in the architectural. 111 show here also. GH If the alternates don't go we may need to make the extra mezzanines simpler so we could do them later. TY OK, l'll do that. Balloon frame the wall. PM %" sheeting on the roof? TY 1 have to check some of these notes. S401 shows the loading dock with heavy blocking detail. GH 23OV is not available out there. al No 3 phase panels? All single phase? GH We'll have to check when we're there tomorrow. al Can you get a detail on the existing electrical? TY Yes, Ill do that tomorrow. TY 1 haven't back checked the mechanical and electrical schedules to the plan yet. TY They show a dry well. Do you know if that's still there? GH If it is, it's buried. ARB Minutes 090504 old Harbor 95%,clocx Page 5 of TY 1 need to check on M102 & 102a, it looks awfully similar. 111 check with them. Yes, they are identical. TY Is this right that a heat tube is running on the perimeter? JF Yes, it's to keep the unvented crawl space dry. TY 1 didn't want any wall penetrations on the West wall so we took it out the end. TY I' i have them fix the shading on M401 & 401a so you can see it better. TV M501, The Fire Marshall won't like it. I'll have him change it. TY M601 Tiger loop is existing so we won't need another return. KS 1 see only schematic, so well have another Ouzinkie? TY There will be more space here. SA Vents on boilers for exhaust. Are you still going with the System 2000? TY Yes, it's onAO2. JF What about the vent locations on the roof? TY I'I have to check that. F O • M2 1 ... TY It makes no sense. That can't be right. I'll fix it. I'll take it up the wall, out the end wall and up. CJ Are you really going to use Romex? It's in 16120 -202 in the spec. TY No you can't in commercial construction. al And pendant mounted lights? TY NO! We talked about that. We will change them. cJ The exterior light is the same as Ouzinkie. cJ 16120-3.1g, do not share the neutral conductor. That's unusual. It's going to cost a lot. 16120-3.2c, what other wire is there? BW Not showing exterior lights on East side by the dumpsters. cJ E002 note says see E501, E501 doesn't exist. The load calc. shows eight coffeemakers. TY It's off something else. A cut & paste. We'll fix it. CJ Is there a garbage disposal in the sink? TY No, a solids trap. TY The electrical needs to differentiate between base and alternate. KS All plans are showing %" or 1/8". That's for full size, not 11 x 17. CJ E502 the note under the FYI_ logo, who determines that? TY! don't know. J Il have to ask her and what the GS4 group switch module is either. SA What about scheduling? It's May already, with what still needs to be done it'll be at least two weeks before its ready to go out to bid. Woody, what is your intent? To construct this year? WK TY what's your time frame? TY Two weeks is probably realistic. SA It's kind of like Ouzinkie. It was supposed to be complete by the end of the year. It was let in June and still isn't finished. TY Well there's no way ail the work could be done this year. SA It'll still be the end of June before it starts. SA What kind of time do you give them? ARB Minutes 090504 old Harbor 95%Aocx Page 6 of 8 JF Until school starts next year. PM l Igoof probably won't get done until next year. WK It's the same as OInkle, not that much In the school proper. TY I think this is a lot easier than ou inkle. WK WE WILL GET THE PAINTING DONE THIS YEAR. SA Do we agree on August 15, 2010 for substantial completion? CJ 20 detail 2, shows dual level lighting, its too expensive. It should be three rows of lights Individually switched. TY We'll change that. SA What about inspections? KS Every two to three weeks. More often this year because there are less projects. SA It really depends on who the contractor is. KS Absolutely. SA Has East been awarded yet? With the alternates? KS Yes. F. Public Comments None G. Board Comments PM [think that Ti's plans are good. Just fix the details. TY is good to work with. CJ What about the experience requirements on designers? WK We want to score design firms and their subcontractors. JF We want scoring because Boards change. If we had the information from 5-10 years ago it would be very helpful. WK The Board is valuable. Archiving knowledge for the future is very important. Next week SA, GH WK will be at the CAA conference. H. Adjournment GH made a motion to adjourn, PM seconded. Motion passed unanimously. Meeting was adjourned at 9:08 pm Respectfully submitted: ARB Minutes 090504 old Harbor 95%.docx Page 7 of Res ec f tl submitted: Jes i olfe, Projects Assist] KIB :i eern /Facilities Dept. Grey Chai Architectu 1 ngineering Review Board ARB Minutes 090504 old Harbor 95%.docx Pae8of8 Date: C9-/ti /7 Date: <-;2/ 1 // - CALL TO ORDER ROLL CALL PARKS & RECREATION COMMITTEE REGULAR MEETING JANUARY 26, 2010 7:0 KIB SCHOOL DISTRICT CONFERENCE ROOM MINUTES VOICE VOTE N MOTION CARRIED UNANIMOUSLY 9th in the Assembly Chambers. lg t € 1 FE 1 7 2010 PEIChOUGH CLERKS OFFICE COMMITTEE MEMBER SALTONSTALL called to order the January 26, 2010 Parks Recreation regular meeting at 7:00 p.m. Committee members present were Hans Ts hersi h, Jeff Huntley, Patrick Saltonstall, Andy Schroeder, Rick l Lindholm, Sandra West, and Willy Bethea. Ex Officio members present were Dave Kaplan, Peggy Rauwolf, and Brent Watkins, COMMITTEE MEMBER HUNTLEY MOVED to excuse Mike Siro ehuc , Pam Foreman, , Sandra West (arrived at 7:10 pm), and Casey janz. APPROVAL of AGENDA Peggy Rauwolf arrived. COMMITTEE MEMBER NT EY MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER. BET BA MOVED to approve the January 12, 2010 Parks Recreation regular meeting minutes. AUDIENCE COMMENTS AND APPEARANCE REQU ` S Chris Ko rer .etis, Justin Horn, Jascha Zbitnoff, Sean Rauwolf, Corey Brandal, Joe Rauwolf, and Monte Nugent attended the meeting to gain more information on the Trails Plan. Jascha Zibitnoff said he wants to be more informed of what is going on with the trails. Peggy Rauwolf said she asked them all to come so they know and understand what is going on. The committee explained the Trails Plan process and stated they should come to the February 9th meeting. They emphasized that what we come up with will determine what we get back from you, the public and ourselves, and we need your input. Cassidy told them if they have a GPS we have the ability to transfer GPS information onto the map if you are interested in GPSing any trails. The consultants will be meeting with user groups all day on February Smith provided the public present with flyers for the February 9th meeting and the Trails Plan Project website address. Page w• - -- - w... _._.n.. The committee emphasized that the Trails Plan will try to work out any conflicts of trail users, and requested they help get the word out. COMMITTEE MEMBER SALTONSTALL encouraged the public present to go onto the Trails Project website to sign up for email updates. OLD BUSINESS A) Trails Plan Discussion on trails, possible easements, getting the word out, preparing for the February 9th meeting, and any questions for the consultants. In response to r TL 'S inquiry of whether the consultants have approached any land owners yet, Cassidy stated he thinks their goal is strictly putting together the map right now. COMMITTEE MEMBER HUNTLEY stated so they haven't gone to land owners then. In response to COMMITTEE MEMBER SALTONSTALL'S inquiry of is the mapping of trails done, COMMITTEE MEMBER. SCHROEDER said they probably have forty miles done and they're still at it, and they'll need the summer. The committee explained what the consultants want as far as GPSing trails. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS The next Parks & Recreation Committee meetings will be on February 9, 2010 and February 23, 2010 at 7:00 p.m. in the KIB School District Conference Room AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Brent Watkins thanked everyone for coming tonight. Andy Schroeder asked the group that came tonight if they are sn wma hiners, ATV riders, skiers or what. They said they do it all, 4 wheel, snow machine, hike, hunt, fish, etc. Jeff Huntley was glad everyone showed up tonight, Sandra West thanked everyone for corning, get some more input. Peggy rauolf thanked everyone for coming, Dave Kaplan said he brought the signage issue for White Sands to the Assembly and the media was there. It is a concern and the public needs to hear about it. — ... v ..v ........... ..N...x.......... - - - - -.. - - - -� -- Page --- .n_...- ...n.-- ....v............ — .Mn.......... _.._._w. The group of young men stated that shooter's or hunter's ed in the high school would cut down a lot of that. Patrick Saltonstall said we were talking about doing it at the Coast Guard. Sandra West est said the KISA range at Salonie Creek is open to the public but the gate is not open. You can use that anytime because it's borough land but you can't drive in without the key. Patrick Saltonstall said we don't know the answers to this but we did discuss we don't want to shut everything down to shooting either. We're mostly trying to do education. Jeff HuHuntley said when this came up and what we passed on was a suggestion that we try some signage and he didn't realize that the borough is going to make it an ordinance. Cassidy said we haven't yet but that's the discussion with the manager. Jeff Huntley said so it's gone past our saying `let's try some signs." Cassidy said the signs are pretty basic, he thinks it's the penalties and such. Jeff HuHuntley said then it becomes a law. Patrick Saltonstall said every time he was almost shot the people was really bummed out and they didn't know any better so he thinks signs and education might work, Rick Lindholm thanked everyone and said you are the ones making the difference. Patrick Saltonstall said the plan will enable access for all users. ADJOURNMENT COMMITTEE MEMBER HUNTLEY MOVED to adjourn, COMMITTEE MEMBER SALTONSTALL adjourned the meeting at 7:45 p.m. ATTEST 13 Sheila smith, Secretary APPROVED: February 9, 2010 KODIAK ISLAND BOROUGH PARKS 8. REWATION COMMITTEE ofchuck, it 1� - .. A-2:104 Si ofd M ike Page - - -- v v-..- N ...... ... .......v.n.....rv..ry....w.w- - - - - -- - L 7L- 77 r f ir4 Kodiak Island Boroughs Y � 2010 ��ud x:'C Planni & Zon n Con n ssio OFFIC I Minutes RK'S f t Assembly December 6, 2009 CALL TO ORDER CHAIR KING called to order the December 1 , 2009 regular meeting of the Planning and Zoning Commission at 7 :34 p.m. ROLL CALL Commissioners present were Brent Watkins, Casey Janz, Dave King, Bill Kersch, Alan Torres, and Lori Ryser, A quorum was established. Staff present was Bud Cassidy, Community Development Department Director and Shelia Smith, Community Development Department ecr t r r. VOICE VOTE , MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER WATKINS requested changing the order of Old Business items B and C, reversing the order. COMMISSIONER WATKINS MOVED to approve the December 16, 2009 Planning & Zoning agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER RYSER MOVED to approve the November 18, 2009 Planning & Zoning Regular Meeting Minutes. VOICE VOTE MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 10-007. Request an investigation, according to RIBC 17205, of a rezone from RR1- Rral Residential One to, B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. The location is 4210 Otrneloi Way, and the zoning is RR .- Rnral Residential One Cassidy gave a brief staff report stating the commission seen this request in March 2008 when it was voted down. Cassidy recommended the commission use the Comp Plan to guide their decision. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 4, Block 5, Miller Point Subdivision Elam R1 -Rural Residential One IQ B- Business December 16, 2009 P.z Minutes Page 1 of The public hearing was opened & closed: Public testimony given in support of the request was Amy Tubb and Kevin Arndt. Testimony given opposing the request was Pete Thompson, Barbara Rabold, and Opal Oliver. During discussion there was consensus to follow the Comp Plan and not mix Business and Residential zoning, and public sentiment. ROLL CALL VOTE ON MOTION FAILED 5-1, The noes were WATKINS, ]ANA, KERSCH, TORRES, and RYSER. The aye was KING. COMMISSIONER TORRES MOVED to adopt the Findings of Fact in the staff report dated December 16, 2009 in support of the denial of Case No. 10-007. Discussion FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205. 20 A. Fi din # s as to the Need and Usti i ati n for a Chan' e or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.0.00 as to th Effect a C an s e s r Amendment would have o the 013 ve . in ofihe r hen ive_ la . A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone to B - Business Zoning District would add to an existing under - utilized inventory of Business zoned lands. 17Z05.020 . Recommendations as to the approval __or dAs_approval - of -the change or Amendment, By majority vote, the Kodiak Island Borough Planning & Zoning Commission recommends disapproval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were WATKINS, JANE K RSCH TORRES, and RYSER, The noe was KING. B) Case 10 -008. Request an investigation, according to KIBC 17.205, of a rezone from RB- Retail Business to R3-Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The applicant is Lester Leroy Russell. The location is 2522 & 2620 Selief Lane, and the zoning is - Retail Business. Cassidy stated you granted a Similar Use Determination in 2008 that would have allowed multi - family housing to be developed on that site. In the RB zoning the multi-family takes place not on the ground floor but on the 2nd floor and above. The ground floor is reserved for retail use. That project didn't come to fruition. Staff recommends approval of this rezone. Should you approve there is an ongoing subdivision for this property. Public comments received were 4 opposing and 1 in favor of the rezone. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A and a portion of Lot 7, Industrial Park Subdivision as granted preliminary approval in related Case S10-004, from RB- Retail Business to. R3-Multi-family Residential, subject to an effective clause requiring the recordation of a new plat based upon the preliminary approval in related Case S10 -004. The public hearing was opened & closed: Testimony given in support of the request was Dick Rohrer and Sam Rohrer. Testimony opposing the request was Dennis Symmons, Gary (Turk) Martin, and Kathleen Ballenger (called in). December 16, 2009 P&Z Minutes Page 2 of 9 Smith read Rogers comment into the record directed by Rogers). During discussion, there was consensus to follow the Comp Plan and not mix Business and residential zoning. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER TORRES MOVED to postpone the Findings of Fact until January 20th Planning Zoning meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 10-009. Request a review of recommended policies, developed by the KIB Parks Recreation Committee, to address recreational shooting on borough land, including (but not limited to) appropriate si na e, cleanup of non-recommended locations, and an informational brochure to be developed in conjunction with the Kodiak Island Sportsmen's Association. The applicant is the Parks & Recreation Committee. Cassidy stated people have taken fire from people shooting irresponsibly and this is a public safety issue. Staff recommends the Commission approve and forward them on to the Assembly. COMMISSIONER JANE MOVED to recommend to the Borough Assembly that policies for shooting be adopted in a manner similar to other recreational rules. The public hearing was opened & closed: Given testimony in support of this request was Mike Sirofchuck, Parks & Recreation Committee Chair. Testimony given in opposition was Tom Schwantes. During discussion it was the consensus that the irresponsible behavior be addressed before someone is hurt or killed, and the public access issue should be addressed with KISA. CHAIR KING stated the NRA has education programs that range from pre - school through retired people concerning guns and safety. The NRA is willing to come at no cost to the borough to implement these programs. He has the programs for people to look at that includes CD's, coloring books, work books, etc. SUGGESTED ACTION 1. Current unauthorized target practice sites be cleaned up and signs posted; 2. At White Sands Beach a sign also be posted stating Shooting not Recommended Here; 3. KISA and the Committee work together on an informational brochure identifying the location where shooting can legally occur such as at the KISA range in Salonie Creek; 4. Develop an education process that allows citizens to file a citizen's complaint when they notice illegal shooting along the road system. This effort encourages folks not to confront the shooters, but simply write down license plate numbers and report the incident to the state troopers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 10-001. Request a review and recommendation of the 2010 - 2014 Capital Improvement Projects. The applicant is the Planning & Zoning Commission. Cassidy gave background information on the FY 10 - FY14 CIP list and recommends it be postponed indefinitely. He suggests they discuss how best to proceed with a FY 2011 to FY 2015 CIP process at the January work session so we can do an advertising campaign to really get the word out. COMMISSIONER TORRES MOVED to postpone indefinitely the Kodiak Island Borough's five (5) year 2010-2014 Capital Improvement Program (CIP). The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY December 16, 2009 P8zZ Minutes Page 3 of OLD BUSINESS A) Case S10-001. Request reconsideration, per KIBC 6. 0.O10.A, of Case S10 -001. An approval by the Commission of a preliminary plat according to KIBC 16.40, subdividing Native Allotment AA 7118, Parcel A, Lot 3, T2OS IW, Sections 26 & 35, Seward Meridian and creating Lots 1 - 6, Laurel Louise Earl Subdivision. The applicants are Martha Randolph, Lila Schwantes, and Myrtle Olsen. The location is Larsen Island, Lot 3, and the zoning is C- Conservation. COMMISSIONER WAT I S MOVED to grant a request to reconsider a previously approved motion made in Case S10-001, a preliminary approval, according to KIBC KIP 16.40, of the subdivision of Native Allotment AA711 , Parcel A, Lot 3, T2OS R21W, Sections 26 & 35, Seward Meridian creating Lots 1 6, Laurel Louise Earl Subdivision. CHAIR KING announced that testimony should be limited to the 3 criteria: 1. There was a clerical error in the decision; 2. The decision resulted from fraud or mistake; or 3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing. Petitioner testimony was given in support of the reconsideration: On behalf of Martha Randolph (doesn't hear well) Vicki Kluever ever gave testimony; Lila Schwantes who was not feeling well requested her husband, Tom Schwantes speak on her behalf; Myrtle Olsen requested her daughter, Petrina Peterson speak on her behalf. Laurel Earl (called in) gave testimony opposing the reconsideration. ROLL CALL VOTE ON MOTION . . 'D UNANIMOUSLY COMMISSIONER TORRES MOVED to adopt the Findings of Fact as contained in the staff report dated November 11, 2009 in support of the commission's denial of the request to reconsider Case S10-001 with the conditions of approval: Subdivider must provide conclusive documentary evidence that the lot areas meet the zonirig district minimum standard of five acres and shall not include any land subject to tidal action below the mean high tide line [16.40.040 MTh and The subdivider must provide conclusive documentary evidence that the lot widths, as measured according to the procedure in Kodiak Island Borough Code 16.20.130(1), equal or exceed the zoning district minimum standard of two hundred fifty (250) feet. Committee discussion CONDITIONS OF APPROVAL 1. The subdivider must provide conclusive documentary evidence that the lot areas meet the zoning district minimum standard of five (5) acres and shall not include any land subject to tidal action below the mean high tide line (1 6.40.040 B); and 2. The subdivider must provide conclusive documentary evidence that the lot widths, as measured according to the procedure in Kodiak Island Borough Code 16.20.130 (I), equal or exceed the zoning district minimum standard of two hundred fifty (250) feet. FINDINGS OF FACT 1. There were no clerical error(s) in the original decision; 2. The previous decision did not result from fraud or mistake; or 3. There is no new evidence or a change in circumstances which by due diligence was discovered before the original hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY December 16, 2009 P&.z Minutes Page 4 of C Adoption of appeal findings in support of the Planning & Zoning Commission reversal, in whole, of n Administrative Order to Cease and Desist an unlawful use in a RR1 - Rural Residential One Zoning District. The appellant challenged the declaration that he was conducting a commercial rock quarry operation on a parcel zoned for residential use in violation of K1BC 17.15.080 on Lot 13A, Block 1, Monashka Bay Subdivision. Cassidy stated the commission deferred findings of fact until the December meeting and in the packet is a revised list of findings based on discussion at the work session. COMMISSIONER A Z said looking back at her notes #10 on the old findings was left out of the revised findings that should be condition #6 but we can read it into the findings. COMMISSI ONER WATKINS MOVED to adopt the revised findings as "Findings of Fact" in support of the reversal by the KIB Planning & Zoning Commission, in whole, of an Administrative Order to Cease and Desist an unlawful use in a RR1 - Rural Residential One Zoning District. The appellant challenged the declaration that he was conducting a commercial rock quarry operation on a parcel zoned for residential use in violation of K1BC 17.15.080 on Lot 13A, Block 1, Monashka Bay Subdivision. rief discussio FINDINGS OF FACT The lot has been excavated to the profile specified in the permit. 2. It has not been shown that Mr. Brown dumped rock illegally on the road side or pushed it over the cliff. It was responsibly taken care of and used to enhance the neighborhood Mr. Brown lives in. 3. The neighbors have a right to their homes just as much as Mr. Brown. The disposition of the remaining rock pile on the site has been raised as an issue. Mr. Brown should address this situation in the upcoming construction season of 2010. 4. A building permit and zoning compliance needs to be obtained prior to foundation forming and pouring. S. The borough claims that Mr. Brown is conducting a commercial rock quarry operation on his parcel zoned residential, yet provides no factual evidence of this. He does profess that he is, instead, involved in the incidental removal of rock in preparation for home construction on Lot 13A, Block 1, Monashka Bay Subdivision. 6. The Monashka Bay Comprehensive Plan K1 S2 5 ; adopted April 1985), though more than 20 years old, gave clear direction to guide the long -term development of the area. "Goals and objectives are the expression of the desires of a community. They serve as the basis for decision - making and the formulation of a land use plan. A. Land Use Goal: To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. Objective Discourage residential development that requires significant amounts of extraction and fill. Objective (5) Promote development that is consistent with the contours of the land. Objective Prorate zoning regulations as a method of implementing these land use goals and objectives, and promote active zoning enforcement." ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to take a 5 minutes recess. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY December 16, 2009 P&Z Minutes Page 5 of 9 CHAIR KING reconvened the meeting at 10:02 p.m. 13) Case 10 -006. Request Reconsideration of the vote on an appeal, in accordance with KIBC 17.220.010B, to overturn an Administrative Order declaring that the homeowner is exceeding the standards of a home occupation in accordance with KIBC 17.25.090 A-F and to discontinue an unlawful use (vehicle repair); And the homeowner has established and is maintaining a junkyard that exceed the standards of KIBC 7.2 . 10. Lot is located in the r- Rural Residential One zoning district. Lot 4A, Block 4, Bells Flats Subdivision. The applicant is the Planning & Zoning Commission. The location is 10742 Chintak Drive, and the zoning is .1 -Rural Residential One Cassidy stated the commissioners on the prevailing side of the decision to overturn an administrative decision have petitioned for Reconsideration of the original motion. COMMISSIONER TORR S MOVED to reconsider the action taken on Case 10-006. Commission discussion ROLL CALL VOTE ON THE MOTION To RECONSIDER FAILED 3 -2. The noe votes were: Brent Watkins, Alan Torres, and Lori Ryser* The aye votes were Dave King and Bill Kersch. COMMISSIONER TORRES MOVED to adopt findings contained in the memorandum dated December 14, 2009 as "Findings of Fact" in support of the reversal, in whole, of an Administrative Order declaring that the homeowner is exceeding the standards of a home occupation in accordance with KIBC 17.25.090 A -F and to discontinue an unlawful use (vehicle repair); And the homeowner has established and is maintaining a junkyard that exceed the standards of KIBC 17.25.110.B. Committee discussion about changing some of the findings. FINDINGS OF FACT HOME OCCUPATION 1. The borough failed to show that Graves were running a home business; no fees were charged no business [conducted]. 2. There is no substantial evidence of an auto repair shop in progress. Mr. Graves does not have a valid business license and is not registered with the state as a licensed auto mechanic. He has a full time regular place of employment. 1 would consider Mr. Graves activities in his garage are hobby based and does not constitute a home occupation. 3. There is no code that states a maximum number of vehicles that can be parked on a person's property at one time. Given the state of some vehicle that I've seen on the roads of Kodiak, 1 would not consider the current vehicles he has parked on his property as junk. The bus that is parked is not in any violation JU 1. Considering the rural setting, the graves lot does not meet the definition of a Junk Yard. 2. Upon receipt of notice the Graves continued to comply with the wishes of the Borough even though they did not agree with the Boroughs findings about a junk yard. 3. The code they are "charged "with is an unrealistic burden on the property owners of the area outside the city limits. 100 sq ft of product that may or may not be junk is too open to personal /emotional interpretation. It does not provide for an even enforcement policy. The "standard" is not quantifiable in a way that a commissioner can reasonably judge. It is more of a "what is art" call. 4. At the time the initial pictures were taken, Mr. Graves had just purchased the home six weeks before that. Other pictures represented that he was in the process of cleaning up the yard as there was a trailer with what one may consider to be junk. As 1 did my inspection of the December 16, 2009 P&Z Minutes Page 6 of 9 property, I didn't not see any substantial evidence that Mr. Graves was establishing a junk yard. It appears in the pictures that tires have been utilized to line their lawn as part of decor, not to establish a junk yard. BLUE BUS t As all the other issues of `junk" and home business have been dealt with the recurring comment is about the parking of the Blue Bus. It seems to be the proverbial "straw that broke the back ". It is a legally parked vehicle - period. Is it a great view? -no, but it is legal none the less. 2. The blue bus is a no issue, because it is legally parked vehicle. During discussion certain deletions were to be made to the findings but due to no amended motion being made original findings were adopted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY NEW BUSINESS There was no new business. COMMUNICATIONS A Letter of concern by landowner about the use of business zone land for an industrial use on Near Island. B Request for a Zoning Certificate to clarify the zoning of a parcel. C) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. D) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. E) Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. F Letter of Courtesy & Advisory - need for Zoning Compliance Permit for a residential structure - Larsen Island. G) Notice of Violation - Conversion of a four plea into a five - plex without a Zoning Compliance Permit or building permit. H) Letter of Courtesy & Advisory - operating a B&B without operator residing on premises. Letter of Courtesy & Advisory rescinding previous letter citing that the storage of fishing gear was occurring without the presence of an owner occupied dwelling. 1) Letter of Courtesy & Advisory that property is being used as a food service concession in violation of the R-2 zoning district. K) Letter of Courtesy - Conversion of a business - use without a zoning compliance permit. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSL Y REPORTS A) Meeting Schedule: January 13, 2010 P&Z work session and January 20, 2010 P&Z regular meeting B) Minutes f Other Meetings October 27, 2009, November 10, 2009, and November 24, 2009 Parks & Recreation Committee Meeting Minutes COMMISSIONER ATI INS MOVED to accept reports as presented. December 16, 2009 P&Z Minutes Page 7 of 9 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS Vicki Kluever stated the issue of reconsideration was postponed at the November meeting based on staff recommendation and that recommendation was about more information. No new information has come forward yet that issue was not discussed. How can you approve something with so many mistakes knowing you have to come back to look at it again. The code for final approval says "a final plat differing substantially from the approved preliminary plat shall require submittal to the commission for public hearing and approval" so you just created a lot more work for yourself and everyone involved. In her opinion that's not good use of taxpayer dollars. She has to challenge what has happened here is in the best interest of the community. She has to challenge that there are errors in the originating document that were not corrected, they were passed on. She challenges errors in the staff report and those errors were made part of the complaint letter that you have in your packet as a communication. She has to challenge you as commissioners to look at issues and look at both sides. She realized the commission relies heavily on staff reports but you have months of testimony differing substantially from what you have in front of you, and it appears that wasn't given a whole lot of credence. We have a plat approved with conditions and whose responsibility is it to make sure those conditions is met; it's staff. Kluever feels the department is not doing its job. As commissioners you have to rely on staff but she believes you also have to rely on your own knowledge of the code, and she doesn't believe that's been done. Martha Randolph agreed with Kluever. Randolph stated nothing has been more frustrating than to gather information to bring forward and then to have it totally disregarded or not even heard. We have done part of Community Development Department staffs work. She told Cassidy that staff is not doing its job. Your staff is presenting information to the commissioners and they are expected to act on information that is provided to therm, and it really hasn't happened. This is a nightmare that is not going to be over with for a long time because of your conditions of approval. Laurel Earl will not be able to have 6 lots so how can you approve her subdivision. It should have gone back to square one to start over. By the time all the necessary details are completed some of you probably won't be on the commission so we will be dealing with a whole new ballgame. She expressed that the Community Development Department needs to do a much better job. COMMISSIONER'S COMMENTS Brent Watkins stated he understands their concerns about the -001 preliminary plat and the final plat and it may seem like we're making a lot of work to come back to review a second plat if it's needed, but the preliminary plat gives us our first working idea of what a subdivider wants to do and it lets us bring your concerns into it. Without that preliminary plat process we wouldn't have the mean high water issue or the lot width issue or any other concerns the neighbors have for the different subdivisions. If the person who initiates a subdivision doesn't have their act together it's going to cost them more money and extra time to come back to do it again to make sure that it meets the codes and satisfies all the requirements that have been set. Watkins feels staff would disagree that we take staffs views on things without issue or content; we often find ourselves on the other side of staff He thanked everyone for sticking with this. Alan Torres agreed with Watkins and he thinks if the reconsideration was passed starting over from square one would be a lot more work for this body and staff than meeting conditions of approval on a preliminary plat even though it may come back to us. Torres stated they don't always agree with staff but he values their input. He also said regarding the Wandersee rezone case that someone talked about a salvage yard across the street from the subject property and he is not aware of any salvage yard. there. Torres also stated the commissioners were provided new copies of the code at the work session but he doesn't remember any code changes coming through this body. It seems like if there were code changes to Title 16 and 17 that they would come through the P&Z before going to the Assembly. December 16, 2009 P&Z Minutes Page 8 of Casey Danz said in relation to this reconsideration and preliminary plat, she does believe it is part of the process; it's not a perfect process but it is the process and codes we have to work with. Starting over would mean a lot more work. It's important to know there is a process built in even though it can be frustrating. Cassidy stated Brown needs 2 permits; a Zoning Compliance Permit from Community Development and a Grading Permit from the Building Officials. If he's going to build he gets a Zoning Compliance from us and a Building Permit. Danz expressed concerns within the permitting that Brown is allowed to continue indefinitely as it is written because as long as he continues and doesn't stop working for 6 months he can go on forever. It concerns her that we have created this problem. There is no check or balance there. When it affects your neighbors year after year the neighbors have no rights it kind of leads to the enforcement policy that is complaint based that pits neighbor against neighbor and it's de- humanizing. If codes and attorney opinions based upon the code are disregarded and it goes on opinion she would wonder how that is enforceable. Danz also heard Bob Brodie on the radio talking about the P&Z meetings, how homeowners ask for variances, subdivisions and such. He was saying to be involved and pro - active because all of this affects your property values. Danz also thanked the Parks & Recreation Committee for their work. Cassidy stated our Zoning Compliance is good for 6 months unless you are doing substantial work. The Building Officials are the eyes and ears of folks because they are the field people. Dave King said he can't believe no one brought this up tonight and he wished everyone a Merry Christmas and a Happy New Year! ADJOURNMENT COMMISSIONER JANZ MOVED to adjourn. VOICE R ON MOTION CARRIED AIM CHAIR KING adjourned the meeting at 10 :50 pm. ATTEST By: Shelia Smith, Secretary APPROVED: January 20, 2010 December 16, 2009 B KODIAK ISLAND BOROUGH PLANNING & ZO.NIN C MMISSION � t Dave King, Chair P Z Minutes Page 9 of 9 ACTION ITEMS: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — February 15, 2010 SUMMARY Motion to approve the New Visions Grant Intent to Apply and to accept the New Visions Grant Award in the amount of $10,000 to enhance art education. APPROVED: Motion to approve purchase requisition number 00022607 to General Communications, Inc. in the amount of $177,264 for FY 11 Kodiak area wide internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to approve purchase requisition number 00022608 to General Communications, Inc. in the amount of $840,312 for FY 11 Kodiak Island rural schools internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to approve purchase requisition number 00022609 to General Communications, Inc. in the amount of $140,052 for FY11 Danger Bay School internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to enter into Executive Session to discuss legal matters and to include Superintendent Stewart McDonald, Assistant Superintendent Ron Fried and Director of Finance Luke Fulp. APPROVED: Motion to adjourn. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: MC■,4 �� t � , 4 L-( t Please PRINT your name Please PRINT your name .�s \10-c-- ( GtAitor. Occe,f\.. BY: SECOND: 4 .111i6L jj())4\ BY: SECOND: 1 I '1 , BY: SECOND: 6 BY: SECOND: A tuu e f r o� j 0 i / I 1 BY: iaialAI SECOND: . a , c ol YES NO .ES NO ES NO YES NO YES NO Ms. Branson Ms. Branson Ms. Branso Ms. Branson , Ms. Branson Mr. Friend Mr. Friend Mr. Friend Mr. Friend / Mr. Friend 1C V Ms. Fulp ., Ms. Fulp 1 Ms. Fulp Ms. Fulp 1 Ms. Fulp Ms. Jeffrey Ms. - I - - I - Tay Mr. Kaplan , Mr. Kaplan Mr. Kaplan Mr. Kaplan 7 Mr. Kaplan V Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch V. Ms. Lynch Ms. Stutes , Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CH NGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: TOTAL: TOTAL: TOTAL: / D TOTAL: d The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular ✓ Special Convened: P O, • m ' KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET , / Date: ,/,/v 016/0 Adjourned: BY: 1 SECOND: /r I 0 " ' .1016-4 - . BY: tijp h _, SECOND: 14a-2I 4-Pel4 . dhliavite.. aces /6 —e'7 8- a5 BY: ay(,e44j SECOND:, OE ' , , , BY: /Jc.cf.,,Gi`' SECOND: . 7 ja y x jj ,. *teak) BY: SECOND: YES NO YES NO YES NO YES NO YES NO Ms. Branson ,/ Ms. Branson / Ms. Branson ,/ Ms. Branson / Ms. Branson Mr. Friend ., Mr. Friend / Mr. Friend /. Mr. Friend / Mr. Friend Ms. Fulp (d / Ms. Fulp / Ms. Fulp Ms. Fulp / Ms. Fulp Ms. J ey ,_ Mr. Kaplan . 7 Mr. Kaplan+ ,/ Mr. Kaplan / Mr. Kaplan 7 Mr. Kaplan Ms. Lynch 7 Ms. Lynch , Ms. Lynch / Ms. Lynch / Ms. Lynch Ms. Stutes / Ms. Stutes / Ms. Stutes .- Ms. Stutes / Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHA GE OF VOTE? CHANGE OF VOTE? TOTAL: O TOTAL: /. � O TOTAL: / „ �Y 0 TOTAL: ( 6 TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 2-4-- 020/ v Adjourned: P etere 02-- Kodiak Island Borough Assembly Regular Meeting Guidelines March 4, 2010, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. /ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Jeffrey who is absent due to personal leave. VOICE VOTE ON MOTION. 4. /APPROVAL OF AGENDA Recommended motion: Move to approve the agenda as submitted. VOICE VOTE ON MOTION. 5. / APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards — Mayor Selby This is the second year for the Kodiak Beautification Awards sponsored by Spenard Builders Supply and recognized by the Kodiak Island Borough. These awards will be given out each year to recognize an individual, a residence, and a business that has significantly contributed to beautifying the Kodiak Island Borough. This year the individual award goes to Bill Kersch, Kodiak Postmaster, whose hard work as project manager made the renovation of Kodiak's Post Office a large success. The complete renovation inside and out has made our community post office a pleasant place to be. It always is a spot where people catch up on news or say hello. The post office atmosphere now matches the good cheer of Kodiak people. Th esidence award goes to Lee Robbins and Kim Swaneveld at 208 Rezanof rive. Kim and Lee transformed this neglected piece of property into a beautiful home and bed and breakfast, which has become an asset to the community and to the visitors' industry. Their work required removing junk vehicles, truckloads of debris, applying a new roof, siding, doors, windows, and a complete overhaul to the interior. They also employed the objectives of "reduce, reuse, and recycle" by using many construction materials found on site. Kodiak Island Borough March 4, 2010 Assembly Guidelines Page 1 The business beautification award goes to Ben and Hazel Ardinger, Owners of Ardingers Fine Furnishings and Gifts for their efforts in remodeling and expanding eir property at 1710 Mill Bay Road. Leaders in the community, the Ardingers' 1,800 square foot expansion is a beautiful addition to the business community and to Mill Bay Road; an important business artery in the Kodiak Island Borough. B. National Women's History Month Proclamation — Mayor Selby CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. COMMITTEE REPORTS' k L.. 9. PUBLIC HEARING A. Contract No. FY2010 -30 Solid Waste Collection Contract. rk's Note: The motion before the Assembly is to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. Staff Report — Manager Gifford Open public hearing. Rea one numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. ase ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. mmended motion: Move to postpone Contract No. FY2010 -30 to the next regular meeting of the Assembly. L CALL VOTE ON MOTION TO POSTPONE. BOROUGH MANAGER'S REPORT 1,MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -28 Approving the Proposed Amendments to the Cooperative Participation Agreement and By -Laws of the Alaska Municipal League /Joint Insurance Association (AMUJIA). Kodiak Island Borough March 4, 2010 Assembly Guidelines Page 2 /lecommended motion: Move to adopt Resolution No. FY2010 -28. t ff Report — Manager Gifford J ssembly discussion. /LL CALL VOTE ON MOTION. esolution No. FY2010 -29 Approving Funding Support to the Kodiak Maritime Museum's (KMM) "Thelma C Interpretive Project ". / / 's Note: Attached on documentation. Recommended motion: Move to adopt Resolution No. FY2010 -29. tall Report — Manager Gifford /4sembly discussion. L CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Or inances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 aste 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. ./S report — Manager Gifford o■ssembly discussion and amendments may be offered at this time. OLL CALL VOTE ON MOTION. D. O er Items . Confirmation of Assembly Appointment to the Citizens Board of Equalization. Kodiak Island Borough March 4, 2010 Staff Report — Deputy Clerk McFarland Assembly discussion. is the Resolution and back -up commended motion: Move to adopt Ordinance No. FY2010 -07 in first 7 reading to advance to public hearing at the next regular Assembly meeting. Rec mmended motion: Move to confirm the Assembly appointment of Mr. ark Anderson to the Citizens Board of Equalization for a term to expire December 2012. Assembly Guidelines Page 3 LL CALL VOTE ON MOTION. 14. IZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Mayor and members of the Assembly will be travelling to Juneau Legislative Reception on Wednesday, March 10, 2010. The next Assembly work session will be held on Vkial.A., /(' at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled 414M4, // , at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. to attend the on Kodiak Island Borough Assembly Guidelines March 4, 2010 Page 4 I'm Rob Baer and live at 2847 Lakeview Drive (Monashka Bay Block 4 Lot 19C). I'm writing to you as a citizen and representing no one but myself. Mr. Mayor and members of the Assembly, I thank you for your time and I appreciate your further evaluation of this trash contract and the pay -as- you -throw plan. I especially appreciate your consideration in addressing outlying areas and the use of transfer stations. Please consider the Borough owned land directly behind Safeway as a possible transfer station location and /or the current Borough land next to Bay Side Fire Station. Prior to speaking to you two weeks ago, I conducted some basic research and reviewed the goals and objectives of the Borough's comprehensive and strategic plans. Naturally I wanted to express my concerns associated with this issue but I also wanted to known what your guiding principles and responsibilities are as voting members of the Borough. I have always saved my cardboard and paper so I could burn it in my woodstove; that was the extent of my waste reduction contribution. After researching the waste management issue, speaking to you and listening to other members of the community, I decided to make the commitment. I modified the single plastic garbage can in my sliding base cabinet to accommodate two half -size bins for waste separation. This took me 20 minutes to set up. I still catch myself throwing plastic in the wrong place because it is new and it is change. But we are Alaskan's, we are resourceful, we adapt, and we can change when change is necessary. I tell you this because I have contemplated this issue for some time. I have done the research and I'm making the commitment and sacrifice. Your personal decisions are your own to make, but it is clear that the Borough's Comprehensive and Strategic plans call for waste reduction through recycling. If such a plan is not the best future for our community, then I suggest you revisit these objectives and develop an alternate course of action. Otherwise, I encourage you to think of this issue and all of its associated details as a long term commitment; not only should you provide an incentive for reducing waste, but you must also support and seek to enhance local capacity for recycling. I want to know that my efforts to reduce waste are fully supported in my community, I want to know that my neighbor isn't throwing their trash in the creek, I want to know that recycled glass is being used locally, and I want to know that other recyclable materials are efficiently and effectively handled. This trash and waste issue is a city and borough responsibility from start to finish. I look forward to participating in a comprehensive plan that addresses the waste management issue as a whole. Rob Baer 1819 Selief Lane Kodiak, Alaska 99615 March 4, 2010 Mayor Jerome Selby and Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mayor Selby and Assembly Members: I support the compromise that you've negotiated, as I understand it from the Daily Mirror's report: curbside pickup within City limits with possible exemptions where curbside is not practicable, status quo outside City limits and development of dropoff sites within two years. I would ask you to consider the use of bear -proof containers on Selief Lane. Although within City limits, we are in a bear area and might be a good test for the use of the containers. Thank you for the time you've taken to study the problem, listen to public concern, and arrive at a plan that makes sense. Sincerely,