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2009-07-02 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 2, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly membergso requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. *Regular Meetings of May 7, 2009 and !\flay 21, 2009. 4 ko \ t\ APPROVAL OF MINUTES 6. AWARDS AND PRESENTATION 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTE 9. PUBLIC HEARING A. State of Alaska Alco and Location of Liqu Agent). B. Ordinance No. FY2009- Budget by Amending Budge to Account for Various Revenues that are Over Budget, Provide for Additional xpenditures, Budget New Projects, and Move Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM`THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None everee Control Board Request for Transfer of Ownership icense. A 'plicants: Blue Sky Grill, Inc. (Wes Osowski, LLC mending Ordinance No. FY2009 -01 Fiscal Year 2009 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. 2. *Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. 3. *Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area. 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 4. *Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area. 5. *Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. 6. *Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. esolutions . *Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. esolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program C. Ordinances for Introduction 1. Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. D. Other Items 1. Mayoral Appointment the Planning and Zoning Commission. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMM 16. EXECUTIVE SESSION A. Borough Manager's Performance Ey [Nation. 17. ADJOU' k MENT 18. INFORMATIONAL MATERIALS (No Action Required) Minutes of Other Meetings 1. Architectural ReviewBoard Meeting Minutes of March 4, March 19, and April 20, 2009. ire Protection Area No. 1 Board Meeting Minutes of February 17, March 17, April 7, 2:009. 3. Pars and Raft - Cation Committee Meeting Minutes of June 24, 2008, April 14, Apr 8, an May 12, 2009. 4. Planning Zoning Commission Meeting Minutes of April 15, 2009. B. Reports 1. Kodiak Island Borough May 2009 Financial Report 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 KODIAK ISLAND BOROUGH Assembly Regular Meeting May 7, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, May 7, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 19 and April 2, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the May 2009 Student of the Month Award to Tuck Van Matre, a senior at Kodiak High School. Manager Gifford presented the Employee of the Quarter Award for the first quarter of 2009 to Eli Deardurff, Accounting Technician /Payroll in the Finance Department. Manager Gifford presented ten -year Longevity Awards to Jeff Johnson, Baler Operator II for the Landfill and Marylynn McFarland, Deputy Clerk in the Clerk's office. Mayor Selby proclaimed the week of May 17 through May 23, 2009 as Emergency Medical Services Week with the theme "EMS: A Proud Partner in Your Community" and encouraged the community to observe this week with appropriate programs, ceremonies, and activities. Mayor Selby proclaimed the week of May 3 through May 9, 2009 as Municipal Clerk's Week and extended appreciation to municipal clerks for the vital services they perform. Mayor Selby proclaimed the month of May 2009 as Honoring Older Americans Month in Alaska, urging all citizens to honor older adults and those who care for them. Mayor Selby proclaimed the week of May 16 through May 22, 2009 as Safe Boating Week in support of the North American Safe Boating Campaign promoting safe boating and urged all those who boat to practice safe boating habits. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 671 Mayor Selby proclaimed May 1, 2009 "Silver Star Banner Day ", the permanent and official day to honor the wounded and ill soldiers of the Kodiak Island Borough and honoring the Silver Star Families of America's commitment to wounded members of the Armed Forces. CITIZENS' COMMENTS Janet Buckingham, Kodiak Island Convention and Visitor's Bureau Director, provided a quarterly report. Tom Abell spoke in support of Item No. 13.D.6 Approval of the Vacation of a 20 -Foot Utility Easement. Mike Martin, Brechan Enterprises, Inc. spoke on the issue of a delayed long -term gravel lease for asphalt extraction. Manager Gifford was asked to meet with Mr. Martin regarding the issue. COMMITTEE REPORTS Assembly member Kaplan gave an update on the Parks and Recreation Committee and the proposals that were received for the Trails Master Plan. Assembly member Fulp gave an update on the Kodiak College Council. Assembly member Friend provided an update on the actions of the Architectural Review Board. 95% drawings were approved for the Old Harbor Voc -Ed Remodel project. Assembly member Stutes reported that a Southwest Alaska Municipal Conference (SWAMC) meeting was scheduled for May 8, 2009. Assembly member Jeffrey gave an update on the Kodiak Fisheries Advisory Council. The next meeting was scheduled on May 15, 2009 at 9 a.m. at the Kodiak College. PUBLIC HEARING A. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. BRANSON moved to adopt Ordinance No. FY2009 -19. The ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26, 2009 and reviewed the code revisions in the ordinance. The ordinance was also reviewed by the Borough Attorney for compliance. After public hearing and adoption, the ordinance would be sent to the Department of Justice (DOJ). Upon approval by DOJ, changes would be implemented for the 2009 local Municipal Election. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 672 BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • There was continued monitoring of the pandemic (swine) flu. A report issued determined no confirmed cases within the state of Alaska. • Received a news release from Alaska Municipal League (AML) Investment Pool in which the Borough invests approximately $32 million. The AML Investment Pool received a top rating of AAAM for its principal stability and government investment pools. The Pool is used for investing in short-term funds. • Fire Protection Area No. 1 Board would hold a ground breaking ceremony for the Bayside Fire Station Addition on Monday, May 11, 2009 at 7 p.m. In celebration of the Emergency Medical Services week, the City of Kodiak, U.S. Coast Guard, Bayside, and Womens Bay Fire Stations would have a booth available at the upcoming Crab Festival, May 21 -25. • The annual Spring Clean -up and Household Hazardous Waste programs were successful. The amounts of wastes collected were significant compared to the previous year. The junk car removal program was also successful. • Information on the Legislative report from Borough Lobbyist Mark Hickey was provided. • An update on construction projects: The New Kodiak Pool project was 75% complete with final completion scheduled in August 2009. Seismic upgrade projects for schools were to begin during the summer. The Community Health Clinic project was 85% complete, with completion scheduled in June 2009. The Bayside Fire Station Addition project would start mid -May, with completion scheduled in October 2009. Old Harbor Gym Renovation 95% drawings were approved. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the community for its participation and effort in the Spring Clean -up program. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. FRIEND moved to authorize the Manager to execute Contract No. FY2009 -17 with Wolverine Construction of Wasilla, Alaska for the East Elementary Heating and Ventilation Upgrades and Window Replacement in an Amount Not to Exceed $543,123. The contract was for the heating, ventilation, and seismic upgrades of the windows in the oldest wing of East Elementary school as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were made available for review. Included was additional work identified as Alternative 1 which included the replacement of windows and repair of rotted framing located in the newer wing of the building. The project was funded in part by a FEMA HMGP Grant in the amount of $138,606 for the seismic upgrade to the windows and a voter approved bond issue in the amount of $520,000. Bids were received in response to the Borough's invitation to bid dated March 16, 2009. Wolverine Construction of Wasilla, AK was the low bidder for the project. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 673 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. This item was approved under the consent agenda. Bond project 05012, Kodiak High School (KHS) HVAC upgrade included the HVAC controls in the KHS auditorium and gym. The scope of work included installation of NW8000 DDC controls with Universal Network Controller for remote web access control and monitoring including emailing alarms based upon and keeping with the Borough and School District "standard ". The Barber Colman DDC controls were installed in the Borough school facilities, Kodiak Fisheries Research Center, and the hospital and continued to be maintained and supported through a networked control system installed and managed by Control Contractors, Inc. The use of a sole source preferred product, Barber - Colman Controls, and a sole source contractor, Control Contractors, Inc. of Anchorage, was in place for many years due to the standardization of products, installation, maintenance, and support services which allowed for the efficient handling of the facilities' integrated mechanical control systems. The Department of Early Education and Development (DEED) approved the use of a sole source contractor /product for these bond projects. A scope of work and quotation of $232,500 was received from Control Contractors, Inc. for the conversion of the existing pneumatic controls in the mechanical rooms at the KHS and auditorium. 3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. JEFFREY moved to authorize the Manager to execute Contract No. FY2006 -39C with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a unit cost contract for the period of July 1, 2009 to June 30, 2010. The Kodiak Island Borough provides solid waste collection services for residents located on the road system in Kodiak. A new solid waste collection contract was entered into with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The contract provided for extending the term of the agreement in two one -year increments. This proposal would extend the contract term to June 30, 2010. Amendment No. 3 of the contract reflected a negotiation with AK Waste to reduce the Year Two Option by $50,000. The expected increase would be approximately $410,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Resolutions 1. Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement (PILT) with the Kodiak Island Housing Authority for Certain Properties. This item was approved under the consent agenda. The resolution approved the proposed additions for inclusion in the existing PILT agreement with the Kodiak Island Housing Authority for certain properties. The proposed additions would allow for current owners to safely house their expanded families in a healthy environment, and would therefore increase the value of the properties for the tax roll. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 674 The following properties were included in the agreement with KIHA: Subdivision Lot Block Karluk 5 1 Old Harbor Townsite 5 9 Akhiok Townsite 6 -E 2 Katmai Hills 4 Port Wakefield 2 3 Ordinances for Introduction 1. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single Family Residential To B- Business (P&Z Case 09 -014). JEFFREY moved to adopt Ordinance No. FY2009 -20 in first reading to advance to public hearing at the next regular Assembly meeting. The Ouzinkie Native Corporation requested the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision in order to allow for the re- development of the site with newer office and storage buildings to support the continuation of the uses at this location. The uses and structures were nonconforming since June 5, 1980, perhaps even going back to 1977 when all land within the corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential. After holding a public meeting on March 18, 2009, the Commission unanimously approved recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single - Family Residential to B- Business. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Other Items 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC).This item was approved under the consent agenda. The Olds River Inn filed a restaurant designation application with the Alcoholic Beverage Control (ABC) Board that would permit persons under sixteen years of age to dine there if accompanied by anyone twenty -one years of age or older and would authorize each establishment to employ persons between sixteen and nineteen years of age to serve food and bus tables. Alaska Administrative Code, Title 13, Chapter 104.725 (e) stipulates that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises exists; therefore, the ABC Board forwarded the application to the Borough for Assembly approval. The Assembly approved the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). Kodiak Island Borough Assembly Minutes May 7, 2009 Page 675 2. Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. This item was approved under the consent agenda. Mr. Jim McCullough submitted a letter of resignation from the Monashka Bay Road Service Area Board effective April 1, 2009. The Assembly accepted, with regret, the resignation of Mr. Jim McCullough for a term to expire October 2010 from the Monashka Bay Road Service Area Board and directed the Borough Clerk to advertise the vacancy per Borough Code. 3. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. Mr. Jascha Zbitnoff submitted a letter of resignation from the Planning and Zoning Commission effective April 15, 2009. The Assembly accepted, with regret, the resignation of Mr. Jascha Zbitnoff for a term to expire December 31, 2011 from the Planning and Zoning Commission and directed the Borough Clerk to advertise the vacancy per Borough Code. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. KAPLAN moved to confirm the Assembly appointment of Mr. Rick Ryser to the Service Area No. 1 Board for a term to expire October 2010. The Service Area No. 1 Board met on April 14, 2009 to review applications received for the vacant seat term to expire 2010. Mr. Rick Ryser submitted his application to the Service Area No. 1 Board on March 11, 2009 and was the sole applicant. The Board recommended the appointment of Mr. Ryser to the vacant seat for a term to expire October 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 5. Declaring a Seat on the Womens Bay Service Area Board Vacant. This item was approved under the consent agenda. Mr. Craig Breitung submitted a letter of resignation from the Womens Bay Service Area Board effective April 21, 2009. The Assembly accepted, with regret, the resignation of Mr. Craig Breitung for a term to expire October 2010 from the Womens Bay Service Area Board and directed the Borough Clerk to advertise the vacancy per Borough Code. 6. Assembly Approval of the Vacation in Accordance With KIBC 16.60.060 of the North 10- Foot Portion of a 20 -Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th Addition. BRANSON moved to approve the vacation of a 10 -foot portion of a 20 -foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition subject to the five conditions of approval. The petitioner requested the vacation of half of the 20 -foot utility easement due to improvements (covered deck and banya) constructed within the easement. The petitioner held that the easement was of no use to the utility companies. The utility companies were contacted and confirmation was received (by those that responded) that the easement was of no use. At its April 15, 2009 regular meeting, the Planning and Zoning Commission agreed with the request and recommended approval of the Assembly based on the following conditions of approval: Kodiak Island Borough Assembly Minutes May 7, 2009 Page 676 a. In accordance with KIBC 16.60.060, a vacation would be forwarded to the Kodiak Island Borough Assembly. b. The petitioner would submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. c. The petitioner would obtain a zoning compliance permit for the attached, enclosed rear porch prior to final recording. d. The petitioner would obtain a building permit and a final inspection report for the attached enclosed rear porch prior to recording. e. The petitioner would relocate the detached banya to a verifiable legal location prior to recording. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 7. Assembly Approval of a Vacation in Accordance With KIBC 16.60.060 to Allow a Reduction in Width for an Existing 50 -foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, Essentially Creating a 50 -foot Buffer Area Along Both Sides of Panamaroff Creek, to be Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek, a Reduction of 30 -Feet on Both Sides of the Creek (Lots 1, 2, and 3 of Panamaroff Creek Estates). STUTES moved to approve a partial vacation of an "easement for salmon stream" up to a maximum of 15 -feet on Lot 3, Panamaroff Creek Subdivision as depicted on the map approved by the Planning and Zoning Commission at its April 15, 2009 regular meeting. At its February 25, 2009 regular meeting, the Planning and Zoning Commission held a public hearing on the request and postponed action until March 18, 2009. Alaska Department of Fish and Game (ADF &G) objected to the full extent of the proposed vacation and although the U.S. Army Corps of Engineers (USACOE) initially supported the proposal, they subsequently withdrew support for the request in favor of a compromise solution. The case was postponed for the purpose of obtaining additional information from the ADF &G and the USACOE. At its March 18, 2009 regular meeting, the Commission re -heard the case. No new information was available for review at that time and the case was postponed until the April 15, 2009 regular meeting when a compromise vacation was approved which allowed for a new building footprint on Lot 3 which would allow a maximum encroachment (vacation) of 15 -feet along the edge of the new building footprint. The easement compromise was approved by the applicant and the ADF &G and USACOE agencies in writing. The Commission did not approve the vacation as originally requested above, but did approve a portion of the vacation (up to 15 -feet on Lot 3) as depicted on the revised site plan submitted by the petitioner. In making its decision the Commission deferred to the agencies with the technical expertise and jurisdiction over wetlands and anadromous stream habitat. Assembly member Lynch declared a possible conflict of interest as the agent that presented the case although there was no financial interest in the decision. Mayor Selby ruled there was no conflict of interest. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS - None. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 677 ASSEMBLY MEMBER COMMENTS Assembly member Branson reported she had received a call of interest for research into increasing the $150,000 property (senior) tax exemption which is a state unfunded mandate. Clerk Javier researched the matter and found that the Kenai Peninsula Borough was the only municipality that had raised the exemption to $300,000 and any change of the exemption would need to be made by a vote of the people. Assembly member Fulp expressed appreciation for the Kodiak Chamber of Commerce dinner held at the Golden Anchor and commended Manager Gifford for staying on top of the Brechan gravel lease. Assembly member Jeffrey urged young adults of Kodiak who had an interest in the future of the community to become involved with service area boards as stepping stones to future local government opportunities. She spoke on the importance of boating safety classes, especially during the summer boating activity area -wide. She announced that the Kodiak Maritime Museum would hold its annual fundraiser on May 9, 2009 at the Harbor Convention Center. Assembly member Friend spoke on the success of the Alaska Energy Rebate Program; less than half of the money appropriated for the Kodiak area had been spent to date. He urged citizens to sign up for the program at www.AHFC.us. Assembly member Lynch was happy to see that outlying communities, such as the City of Ouzinkie, were beginning to partake in development projects for their communities. Assembly members congratulated the various award and proclamation recipients, offered congratulations to the Kodiak High School and Kodiak College 2009 graduates, commended the community for its participation in the Annual Spring Clean -up program, and expressed support for a special meeting to address the Brechan gravel lease issue, if needed. Announcements Mayor Selby announced the Assembly would meet in a work session on Thursday, May 14, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 21, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting adjourned at 9:05 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes May 7, 2009 Page 678 KODIAK ISLAND BOROUGH Assembly Regular Meeting May 21, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, May 21, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Assembly member Jeffrey led the Pledge of Allegiance. Present were Assembly members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Deputy Clerk Marylynn McFarland and Community Development Secretary Sheila Smith. FRIEND moved to excuse Mayor Selby who was attending Western Interstate Region conference and Assembly member Branson for personal leave. Assembly member Branson later joined the meeting at 8 p.m. APPROVAL OF AGENDA KAPLAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Manager Gifford presented the Government Finance Officers Association Distinguished Budget Presentation Award to Finance Director Karl Short. CITIZENS' COMMENTS David Kubiak spoke against the LLP cod issue and gave examples of fishermen that would not qualify under the new recency program. Annie Thomas of the Girl Scouts of Kodiak thanked the Assembly for its funding and outlined future projects. Accompanying Ms. Thomas was Haley Blair, Olivia Nesheim, and Ava Pruitt. State Representative Alan Austerman spoke opposing the LLP cod issue. Frank Miles, Oliver Holm, Terry Haines, and Alexus Kwatchka spoke in support of the Assembly sending a letter to the Secretary of Commerce asking them to review the LLP cod issue and the economic impact on Kodiak as a community. COMMITTEE REPORTS Trevor Brown, Kodiak Chamber of Commerce Economic Development Specialist, gave the Chamber's annual budget presentation. Janet Buckingham, Kodiak Island Convention and Visitors Bureau Director, gave the Bureau's annual budget presentation. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 1 Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) meeting of May 21, 2009. PUBLIC HEARING A. Resolution No. FY2010 -01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District (KIBSD) for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010. JEFFREY moved to adopt Resolution No. FY2010 -01. KIBC 3.08.030B provides that the school district shall submit to the manager the proposed budget and local support requirements for the school by the 30th of April. The School Board submitted their Budget on April 28, 2009. Alaska Statutes 14.14.060c provides that if the assembly does not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. Here is a summary of the differences: KIBSD Request 996,850 $ 10,660,443 Appropriation In -Kind Services Total 9,663,593 KIB Resolution Difference Deputy Presiding Officer Branson opened the public hearing. 9,300,000 $ 363,593 990,350 6,500 10,290,350 $ 370,093 Norm Wooten, KIBSD Board Member, thanked the Assembly for past support. He urged the Assembly to consider funding the School District to the cap of $10,660,443. Stewart McDonald, KIBSD Superintendent of Schools and Luke Fulp, KIBSD Finance Director, addressed questions that were presented at the previous work session. Deputy Presiding Officer Branson closed the public hearing. Assembly members Friend, Branson, and Fulp spoke in support of the existing budget and expressed their desire to address additional funding in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Friend, and Branson. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 2 B. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdvision From R1- Single Family Residential To B- Business (P &Z Case 09 -014). STUTES moved to adopt Ordinance No. FY2009 -20. The Ouzinkie Native Corporation requested the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision in order to allow for the re- development of the site with newer office and storage buildings to support the continuation of the uses at this location. The uses and structures had been nonconforming since June 5, 1980, perhaps even going back to 1977 when all land within the corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential. After holding a public meeting on March 18, 2009, the Commission unanimously approved recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single - Family Residential to B- Business. Deputy Presiding Officer Branson opened the public hearing. Tom Quick, City of Ouzinkie Vice Mayor, spoke in support of the ordinance. Deputy Presiding Officer Branson closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Outlined the Washington Legislative Update from Brad Gilman. • Kodiak Island Borough and City of Kodiak worked together on a renewable energy block grant application(s) in the amount of $50,000. • Kodiak Island Borough and State of Alaska Fish and Game requested Alaska Waste to remove dumpsters in the Monashka Bay area to help eliminate bear problems. • The siren consultant worked with the City of Kodiak and Kodiak Island Borough to repair and systemize tsunami sirens. Both City and Borough have grants to assist in the implementation. In response to Assembly member Stutes' inquiry about the siren at Pasagshak, Manager Gifford noted that GCI would be handling the signal problem at that specific location. • City of Kodiak, Coast Guard, Womens Bay, and Bayside Fire Stations had a booth at the Crab Festival to share EMS information. • Governor Palin announced vetoed items in the FY2010 operating capital budgets. Notice from Representative Alan Austerman's office indicated that none of the Kodiak appropriations were vetoed. Manager Gifford responded to Assembly member Fulp's inquiry that the City and Borough of Kodiak's energy monies were part of a block grant and not included in the Governor's veto items. • To date, the City of Kodiak had not sent a letter to the Secretary of State regarding the Gulf of Alaska LLP cod issue. The City Council scheduled the discussion for work session on June 22, 2009. Manager Gifford would discuss this in more detail with the Assembly at the next work session. MESSAGES FROM THE BOROUGH MAYOR Deputy Presiding Officer Branson commented in support of the University of Alaska's research vessel being based in Kodiak and requested the City to join in the Assembly's support. She also wished the community a happy Memorial Day and good Crab Festival weekend. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 3 UNFINISHED BUSINESS — None. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -31 Supporting Kodiak Kenai Cable Company's Proposal to Build Another Large -Scale Fiber Optic Cable System Originating on Kodiak Island, Traveling Through a Portion of the Aleutian Islands and up the West Coast to an Eventual Termination Point on the North Slope of Alaska. JEFFREY moved to adopt Resolution No. FY2009 -31. The Old Harbor Native Corporation, the majority owner of the Kodiak Kenai Cable Company, requested this resolution in support of its proposal to build another large scale fiber optic cable system originating on Kodiak Island, traveling through a portion of the Aleutian Islands and up the West Coast to an eventual termination point on the North Slope of Alaska. Staff recommended approval in support of the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 2. Resolution No. FY2009 -32 Adopting the Comprehensive Economic Development Strategy (CEDS) 2009 as Written. KAPLAN moved to adopt Resolution No. FY2009 -32. The resolution would adopt the Comprehensive Economic Development Strategy (CEDS) as submitted by the Kodiak Chamber of Commerce Economic Development Committee. The document would be submitted to the U.S. Economic Development Administration for its review and adoption. Trevor Brown, Kodiak Chamber of Commerce Economic Development Specialist stressed the importance of the document and answered questions of the Assembly. Assembly member Friend requested that Mr. Brown generate a simple economic impact report /information /resources on the University of Alaska's research vessel coming to Kodiak for lobbying efforts. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 3. Resolution No. FY2010 -02 Amending the Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2010 -02. Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an annual basis. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Deputy Presiding Officer Branson recessed the meeting at 9 p.m. and reconvened the meeting at 9:05 p.m. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 4 Ordinances for Introduction 1. Ordinance No. FY2010 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2009 and Ending on the Thirtieth Day of June 2010 (Fiscal Year 2010 Budget). FRIEND moved to adopt Ordinance No. FY2010 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds for FY2010. The ordinance also levied a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Finance Director, Karl Short, gave a Power Point presentation of the 2010 Kodiak Island Borough budget. Manager Gifford also reported that additional revenue sharing adjustments would be made available at the next work session. Assembly member Branson encouraged the public to submit their comments on the budget on or before the June 4, 2009 regular meeting. In response to Assembly member Fulp's inquiry as to the Assembly's authority to raise taxes, Finance Director Karl Short stated that a raise in the mill rate does not need to go to the voters. Assembly member Friend asked Finance Director Short to graph mill rates in other Alaskan second class communities for comparison. Comparisons of services, adopted powers, total tax revenues, etc., were also requested. Deputy Presiding Officer Branson noted that Assembly member Jeffrey left the Assembly meeting at approximately 9:30 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. Other Items 1. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee. STUTES moved to confirm the Mayoral appointment of Ms. Sandra West to the Parks and Recreation Committee for a term to expire December 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. CITIZENS' COMMENTS Terry Haines spoke in support of the Assembly writing a letter to the Secretary of Commerce to review the LLP cod issue. He also suggested that the Kodiak Fisheries Advisory Council (KFAC) hold policy work sessions before its next meeting scheduled Fall 2009. These work sessions would allow fishermen to add their issues to a wish list to be compiled and reviewed at the next Borough Assembly /City Council joint work session. Mr. Haines also expressed his support in the continuing development of a fisheries research campus on Near Island and spoke in support of Kodiak being competitive in securing the residency of the research vessel. ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comment. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 5 Assembly member Kaplan thanked the Girl Scout for the cookies. Assembly member Fulp commented on the calls she had received opposing the Assembly sending a letter regarding the LLP cod issue. She inquired as to the status of Perenosa Drive and wished the community a fun Crab Festival weekend. Manager Gifford responded that the Perenosa issue was scheduled for the June 17, 2009 Planning and Zoning Commission regular meeting. Assembly member Friend expressed the need to study the LLP cod issues, reported that the street corners in town were being prepped for the arrival of the windmill blades, and commented that his understanding was that the $28 million energy monies was attached to the existing energy rebate program. Assembly member Stutes thanked the Kodiak Chamber of Commerce and KICVB for their annual presentations and hard work, recognized Marita Kaplan for her participation in the "Hearing Voices" workshop, and voiced her support for the Alaska Region Research Vessel coming to Kodiak. Assembly members congratulated Finance Director Short and staff for the budget presentation award and commended him for the FY 2010 budget presentation. Announcements Deputy Presiding Officer Branson announced that the Assembly would meet in a work session on Thursday, May 28 in the Borough Conference Room. The next regular Assembly meeting was scheduled on Thursday, June 4, 2009 at 7:30 p.m. in the Borough Assembly Chambers. It was announced that the Kodiak Island Borough Offices would be closed on Monday, May 25, 2009 in celebration of Memorial Day. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 10 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes May 21, 2009 Page 6 TITLE: State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicant: Blue Sky Grill, Inc. (Wes Oswoski, LLC Agent). SUMMARY: 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 9.A RECOMMENDED MOTION: Move to voice protest to Blue Sky Grill, Inc.'s Request for Transfer of Ownership and Location of Liquor License. Applicant: Blue Sky Grill, Inc. (Wes Oswoski, LLC Agent). Reason for protest is Community Development Department's concern that the structure cannot be occupied unless a Borough zoning compliance and building permit as well as a building inspection are conducted by the local building official. The issuance of a license should be withheld until the structure is deemed safe for occupation. Corp/LLC Agent: Address Phone Date and State of Limited Partnership /Corpo ration Good standing? Wes Osowski •• 1112 Madisen Ave. #1 Kodiak, AK 99615 907 -539 -2122 3/24/09 AK Yes th Member /Officer/Director: DOB Address Phone Title/Shares ( %) Terry R. Crafty 7/23/56 3805 E Cottonwood 907 - 243 -4401 50% Way Kodiak, AK 99654 Wes Osowski 01/24/67 1112 Madisen Ave. #1 907 - 487 -9797 50% • Kodiak, AK 99615 Date of Notice: Application Type: ❑ NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee/Applicant: Physical Location: Mail Address: Telephone #: EIN: Additional comments: May 28, 2009 Kodiak Island Borough None State of Alaska Alcoholic Beverage Control Board 1711 Beverage Dispensary — Seasonal Blue Sky Grill Blue Sky Grill, Inc. 1633 Airport Way Kodiak PO Box 3, Kodiak, AK 99615 907 -487 -9797 Fax: 907 - 487 -4405 26- 4559956 If trans app current license information: License #: 1711 Current D.B.A.: Hopper Valley Roads End Current Licensee: Frank Charles Bertrand III Current Location: Mile 42 Chiniak Road, Kodiak AK H TRANSFER H Ownership Location ❑ Name Change ease note: the M b emer ✓ Ocers✓D i rectors /Sh are holders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares Date of Notice: Application Type: ❑ NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee/Applicant: Physical Location: Mail Address: Telephone #: EIN: Additional comments: May 28, 2009 Kodiak Island Borough None State of Alaska Alcoholic Beverage Control Board 1711 Beverage Dispensary — Seasonal Blue Sky Grill Blue Sky Grill, Inc. 1633 Airport Way Kodiak PO Box 3, Kodiak, AK 99615 907 -487 -9797 Fax: 907 - 487 -4405 26- 4559956 If trans app current license information: License #: 1711 Current D.B.A.: Hopper Valley Roads End Current Licensee: Frank Charles Bertrand III Current Location: Mile 42 Chiniak Road, Kodiak AK H TRANSFER H Ownership Location ❑ Name Change ease note: the M b emer ✓ Ocers✓D i rectors /Sh are holders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, July 2, 2009. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application transfer for: From: License #: 1711 License Type: Beverage Dispensary Seasonal D.B.A.: Hopper Valley Roads End Licensee: Frank Charles Bertrand III Location: Mile 42 Chiniak Road, Kodiak, AK To: License #: 1711 License Type: Beverage Dispensary Seasonal D.B.A.: Blue Sky Grill Licensee /Applicant: Blue Sky Grill, Inc. Location: 1633 Airport Way, Kodiak, AK Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, July 2, 2009. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: THEKISHAN GROUP, INC 325 W. MAIN ST FERNLEY, NV 8940889408 GARY & STACY PETERSON P.O. BOX 1221 KODIAK, AK 99615 WINGSPAN PROPERTIES LLC PO BOX 9032 KODIAK , AKAK 99615 STATE OFAIASKA P 0 BOX 196900 ANCHORAGE, AK 99519 -6900 ROLAN RUOSS PO BOX 1371 KODIAK, AK 99615 MARITIME HELICOPTERS, INC. 3520 F.A.A. ROAD HOMER, AK 99603 AVIATION ACQUISITION GROUP LLC PO BOX 3 KODIAK, AK 99615 Wes Osowski P.O. Box 3 Kodiak, AK 99615 BRENT ARNDT PO BOX 1066 KODIAK, AK 99615 ANDREW AIRWAYS INC PO BOX 1037 KODIAK 99615 ALASKA AIRLINES INC ATTN: PROPERTY TAX ADMIN PO BOX 68900 SEABZ SEATTLE, WA 98168 MEMO TO: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Rick Gifford, Manager Assessing Department Director Community Development Department Director Engineering and Facilities Department Director FROM: Nova M. Javier, MMC, Borough Clerk DATE: June 15, 2009 SUBJECT: Liquor License Transfer of Ownership and Location Finance Director Building Official Fire Marshall The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a liquor license application for transfer of ownership and location: From: To: License #: 1711 License #: 1711 License Type: Beverage Dispensary Seasonal License Type: Beverage Dispensary Seasonal D.B.A.: Hopper Valley Roads End D.B.A.: Blue Sky Grill Licensee: Frank Charles Bertrand III Licensee /Applicant: Blue Sky Grill, Inc. Location: Mile 42 Chiniak Road, Kodiak, AK Location: 1633 Airport Way, Kodiak, AK Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for transfer. Please retum this memo to the clerk's office by Friday, June 12, 2009. #1711 — Blue Sky Grill C: \Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files \Content.Outlook \YCQ25IBE \LIQUOR LICENSE.doc The CDD Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Though not concerned about processing a transfer, we are concerned that the structure cannot be occupied unless a Borough zoning compliance permit and building permit as well as a building inspection are conducted by the local building official. The issuance of a license should be withheld until the structure is deemed safe for occupation. Signature: Charles E. Cassidy Department Director Date: June 12 2009 The Department has NO interest, which can be protected by protesting the application for transfer. Signature: Date: Enclosures ABC Notice Code C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files \Content.Outlook \YCQ25IBE \LIQUOR LICENSE.doc 1 Chapter 5.01 LIQUOR LICENSES Page 1 of 2 Sections: 5.01.010 5.01.020 5.01.030 Chapter 5.01 LIQUOR LICENSES Cooperation with State Alcoholic Beverage Control Board. License renewal procedure. New license and transfer procedure. 5.01.010 Cooperation with State Alcoholic Beverage Control Board. It is declared the policy of the borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. [Ord. 86 -07 -0 §2, 1986]. 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. [Ord. 86 -07 -0 §2, 1986]. 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is http: / /www. codepublishing. com/ AK/ kodiakislandborough /html/KodiakIslandBorough05/K... 5/6/2009 Chapter 5.01 LIQUOR LICENSES Page 2 of 2 'L-- 1 lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. [Ord. FY2008 -16 §2, 2008; Ord. 98 -09 §2, 1998; Ord. 86 -07 -0 §2, 1986]. This page of the Kodiak Island Borough Code is current through Ordinance FY2009 -18, passed March 5, 2009. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http: / /www.kodiakak.us/ Telephone number: (907) 486 -9310 Code Publishing Company Voice: (206) 527 -6831 Fax: (206) 527 -8411 Email: CPC@codepublishing.com http:// www. codepublishing. com/ AK/ kodiakislandborough/ html/KodiakIslandBorough05/K... 5/6/2009 KODIAK ISLAND BOROUGH SUBSTITUTED AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING TITLE: VERSION Ordinance No. FY2009-01E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget By Amending Budgets To Account For Various Revenues That Are Over Budget, Provide For Additional Expenditures, Budget New Projects, And Move Funds Between Projects. SUMMARY: ITEM NO: 9.B • In the General Fund, the miscellaneous line item in the revenue section of the General Fund is increased by $67,000. • The "use of fund balance" in the General Fund is increased decreased by $1 21,000 $69,000. • The School District Support Department is decreased by $84,000. • Transfers out is increased by $272,000; $62,000 is for increased costs in the School Buildings Department in the Building and Grounds Fund and $210,000 is for hospital parking. • In the Building and Grounds Fund School Buildings Department, expenditures are expected to exceed their budget by $60 • A new department entitled School Building Major Maintenance is created and budgeted at $12,000. • In the Womens Bay Road Service District expenditures have already exceeded their budget by $6,006. • In the Bay View Road Service District expenditures have already exceeded their budget by $4,670. • The Borough needs to amend the debt service budget to account for the refunding of the 1998 bond issue. • The Borough wishes to close these completed projects at the end of FY2009 and this ordinance moves the unexpended funds to other projects. 1. Project 03110, Borough Building emergency generator, 2. Project 05023. Peterson Seismic Upgrade 3. Project 08002 Main Elementary Asbestos Abatement • The Borough wishes to cancel these projects and this ordinance moves the unexpended funds to other projects. 1. Project 03108 Borough Building Parking Lot 2. Project 03106 KHS emergency generator 3. Project 03109 Borough Building air handling penthouse 4. Project 07016 R and replacement of culverts at Panamaroff Creek, 5. Project 07018 HS Pool Repairs • The Borough received a $2,500,000 grant to repair and pave the roads in Service District #1. • The Borough received a $130,000 grant for school supplies and equipment. $210,000. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING • The Borough received a $125,000 grant from the Denali Commission for an island wide transportation study. • The Borough is expected to receive a $100,000 grant from the State of Alaska Department of Transportation for an island wide transportation study. get by RECOMMENDED MOTION: Move to postpone Ordinance No. FY2009 -01 E to the next regular meeting of the Assembly. TO: FROM: SUBJECT: DATE: Thank you. Karleton Short 04 June 22, 2009 Kodiak Island Borough MEMORAND UM Kodiak Island Borough Assembly Postpone Ordinance FY2009 -01 E I respectfully request for you to postpone the public hearing for Ordinance No. FY2009 -01 E from the Assembly regular meeting Thursday, July 2, 2009. Additional research and work needs to be done on the Ordinance so it needs to be postponed for a later date. Introduced by: Borough Manager SUBSTITUTED Requested by: Borough Manager 1 Drafted by: Finance Director 2 Introduced: 06/04/2009 VERSION Public Hearing: 07/02/2009 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009-01E 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2009 -01 FISCAL YEAR 2009 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT 11 ARE OVER BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, BUDGET 12 NEW PROJECTS, AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, the amended FY2009 budget estimated miscellaneous revenues in the General 15 Fund at $25,500 and $92,545 have already been received; and 16 17 WHEREAS, the amended FY2009 budget appropriated a $9,334,834 transfer to the school 18 district which is $64,066 more than the cap set by the State; and 19 20 WHEREAS, FY2009 expenditures for KIBSD liability insurance are expected to exceed their 21 budget by $20,479; and 22 23 WHEREAS, FY2009 expenditures for KIBSD buildings are expected to exceed their budget by 24 $50,000$70,000; and 25 26 WHEREAS, a new department entitled School Building Major Maintenance is created in the 27 Building and Grounds Fund and budgeted at $12,000; and 28 29 WHEREAS, the Womens Bay Road Service District has overspent their budget but has funds 30 available in their fund balance; and 31 32 WHEREAS, the Bay View Road Service District has overspent their budget but does not have 33 funds in their fund balance; and 34 35 WHEREAS, the Borough refinanced the 1998 bond issue; and 36 37 WHEREAS, the Borough wishes to close completed Project 03110 Borough Building 38 emergency generator, Project 05023 Peterson Seismic Upgrade, and Project 08002 Main 39 Elementary Asbestos Abatement at the end of FY2009 and this ordinance moves the 40 unexpended funds to other projects; and 41 42 WHEREAS, the Borough wishes to cancel Project 03108 Borough Building Parking Lot, 43 Project 03106 KHS emergency generator, Project 03109 Borough Building air handling 44 penthouse, Project 07016 and replacement of culverts at Panamaroff Creek, and Project 07018 45 HS Pool Repairs and this ordinance moves the unexpended funds to other projects; and 46 47 WHEREAS, the Borough received a $2,500,000 grant to repair and pave the roads in Service 48 Area No. 1; and 49 50 WHEREAS, the Borough received a $130,000 grant for school supplies and equipment; and 51 Kodiak Island Borough, Alaska Ordinance No. FY2009-01E Page 1 of 2 52 WHEREAS, the Borough received a $125,000 grant from the Denali Commission for an island 53 wide transportation study; and 54 55 WHEREAS, the Borough is expected to receive a $100,000 grant from the State of Alaska 56 Department of Transportation for an island wide transportation study; and 57 58 59 60 61 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 62 BOROUGH THAT: 63 64 Section 1: This budget is not of a general application and shall not be codified. 65 66 Section 2: The FY2009 budget will be amended per the attached nine page schedule. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS 70 71 72 73 74 75 76 77 78 79 ATTEST: 80 81 82 83 84 Nova M. Javier, MMC, Borough Clerk 85 DAY OF 2009 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2009-01E Page 2 of 2 DATE: July 2, 2009 TO: Borough Mayor and Assembly THRU: Rick Gifford, Manager Woody Koning, E/F Director ?"56 FROM: en Smith, Project Manager RE: Projects Status Report CURRENT PROJECTS STATUS: irlama k KODIAK ISLAND BOROUGH ENGINEERING /FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith @kodiakak.us MEMORANDUM NEW KODIAK POOL Janssen Contracting is currently approx 86% complete and the pool remains on schedule to open in August. Tile work is complete in the locker rooms and lifeguard station and ongoing in the pool and natatorium. Glazers are working on storefront windows and will begin installation of exterior windows within the week. Interior painting is complete and mechanical and electrical trim out is underway. Siding is very near complete with only minor trim remaining. Curb and gutter is underway in the upper parking lot. It and the alleyway shared with the Armory will be ready for paving within a couple of weeks. KODIAK MIDDLE SCHOOL SEISMIC UPGRADE Phase IIA of the Middle School Seismic Upgrade was completed last summer. Phase IIB includes the remainder of the 2 story portion excluding the gymnasium. Brechan began work June 1 and is scheduled to be completed August 15. OUZINKIE GYM RENOVATION AND SEISMIC UPGRADE Tony Yorba of JYL and the mechanical and electrical engineers and subcontractors will be on site July 6 to perform final testing and sign off of mechanical and electrical fire safety systems. The remainder of the building is complete and has been turned over to the school district. CHC ADDITION TO PKIMC Prochaska and USDA have performed their inspection of the building to confirm substantial completion and the building has been turned over to the CHC. The paving in the west parking lot is complete and ready for striping. Brechan Enterprises is completing the final punch list in preparation for the Architect's final inspection. Final completion is scheduled July 14. USDA has identified concerns with the handicapped parking stalls in both the new and existing hospital parking lots. This will not delay final completion but will need to be addressed. Z:\Admin\Bond Project Status\Project Status Report 090702.docx BAYSIDE FIRE STATION ADDITION Dowland Construction is underway with the new addition to the existing fire station. The site has been excavated and backfilled to foundation grade. Installation of underground utilities is underway. Foundation installation will commence when the metal building manufacturer provides column reactions and anchor bolt locations. The project is scheduled to be completed in late October 2009. EAST ELEMENTARY WINDOWS SEISMIC UPGRADE/HVAC UPGRADES This work was awarded to Wolverine Construction. Asbestos abatement and demo is complete. Windows should arrive next week. The manufacture of the cabinet heat and ventilation units is behind schedule which may cause the project to be completed after the start of school. While there may some inconvenience, KIBSD will be able to supply temporary heat and occupy the building. KHS UNDERGROUND FUEL TANK REMOVAL AND REPLACEMENT Approximately 1,600 cubic yards of contaminated soil must be removed from stockpiles on site. Tellus, Inc has completed and submitted a work plan to ADEC for approval. If successful, this alternative should be much less costly than burning or disposing of the material off island. OLD HARBOR GYM ADDITION Wolverine Supply was awarded the contract and will begin work soon. Painting and sprinkler repair work in the main school will be completed this summer. The remaining work in the Gym will start this summer and be completed next summer. The school will retain use of the gym during the school year. OLD POOL ROOF AND VENTILATION UPGRADE Brechan Enterprises was awarded the contract for the roof and air handler replacement. This work is scheduled to be completed in the fall. WOODLAND ACRES PAVING Design is complete and the project will be advertised for bid July 7. Bids are scheduled to be opened July 21. Z:\Admin\Bond Project Status\Project Status Report 090702.docx TITLE: Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. SUMMARY: The landfill is required to cover municipal waste daily with a minimum of 6 inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project in 2007. This rock project is expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Two firms responded to the RFB for the shot rock development. Bids were as follows: Anderson Construction Company, LLC $139,970 Brechan Enterprises, Inc. $183,540 Staff reviewed each proposal and recommended that Anderson Construction Company, LLC be awarded this contract for $139,970. FISCAL NOTES: Account No.: 530 -731 430 -140 Amount Budgeted: $340,000 Expenditure Required: $139,970 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -02 with Anderson Construction Company, LLC of Kodiak, Alaska in the amount not to exceed $139,970. Kodiak Landfill Shot Rock Development Project 1 2009 OWNER - GENERAL CONTRACTOR C���� ve " o2ClD''o2 AGREEMENT Contract No. XXXX -XX THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Anderson Construction Company, LLC of Kodiak, Alaska, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish labor and install the materials and complete and perform all the work and labor required for the Kodiak Landfill Shot Rock Development Project 2009 located within the Kodiak Island Borough, Kodiak, Alaska, according to the Contract Documents therefore and for the sum of One Hundred Thirty Nine Thousand, Nine Hundred Seventy ($139,970.00) Dollars. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract. N:\EF\Baler Facility\RFPs\RFBs \FY2009\Iandfill Shot Rock Development\2009\#17 Agreement.doc Page 1 of 9 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings Kodiak Landfill Shot Rock Development Project 1 2019 The Contract entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 7. General Conditions 8. Standard Specifications Incorporated by reference 9. Instruction to Bidders 10. Invitation for Bids 11. Bid Form 12. Performance and Payment Bonds In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporate standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before December 15, 2009. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. N:\EF\Baler Facility\RFPs\RFBs\FY2009\Landfill Shot Rock Development\2009 \ #17 Agreement.doc Page 2 of 9 Kodiak Landfill Shot Rock Development Project 1 2009 Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion/delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor /Contractor. The bonds given by the Contractor in the sum of 100% Payment Bond, and 100% Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. Insurance Requirements: The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance and policy endorsements must be furnished to the Contracting Officer. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. These endorsements must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: (a) Workers' Compensation Insurance: The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by applicable state law (A.S. 23.30.045) for all employees to be engaged in work at the site of the project under this Agreement. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $1,000,000 per person, $1,000,000 per occurrence. (b) Comprehensive (Commercial) General Liability Insurance The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than two million N:\EF\Baler Facility \RFPs\RFBs\FY2009\Landfill Shot Rock Development\2009\#17 Agreement.doc Page 3 of 9 Kodiak Landfill Shot Rock Development Project 1 2009 ($2,000,000) dollars per occurrence and three million ($3,000,000) annual aggregates where generally applicable. And will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. (c) Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -owned vehicles and with coverage limits not less than $1,000,000 per person, $1,000,000 per occurrence bodily injury, and $1,000,000 property damage. The Contractor shall furnish endorsements issued to the contracting agency showing the type, amount, class or operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "Thirty (30) days Notice of Cancellation or Change, Non Renewal, Reduction and/or Materials Change shall be sent to Director, Engineering/Facilities Department, Kodiak Island Borough." Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law [Contractor] agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. The Contractor specifically obligates himself to the Kodiak Island Borough in the following respects to wit: (i) to indemnify the Kodiak Island Borough against, and save it harmless from any and all claims, suits, or liability, on account of any negligent act or omission of the Contractor, or any of his officers, agents, employees or servants; (ii) to pay for all materials furnished and services performed under this Agreement, and (iii) the Kodiak Island Borough agrees to indemnify the Contractor from any claims, damages, losses, and costs, including, but not limited to, attorneys' fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the Kodiak Island Borough, the Kodiak Island Borough's employees or agents in connection with the Project. (iv) If the negligence or willful misconduct of both the Contractor and the Kodiak Island Borough (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the Contractor and the Kodiak Island Borough in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. N:\EF\Baler Facility\RFPs\RFBs\FY2009\L,andfill Shot Rock Development\2009\#17 Agreement.doc Page 4 of 9 Kodiak Landfill Shot Rock Development Project 1 2009 Claims: (a) Partial payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price, less the sum of previous payments as provided above; provided that the Contractor is not indebted to the Kodiak Island Borough or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. The Contractor will, upon completion of the Scope of Services and before final payment, the Kodiak Island Borough with reasonable evidence that all services, labor, materials and equipment have been paid for in full. (b) The Contractor must notify the Kodiak Island Borough or its agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. Changes and Modifications: (a) The Kodiak Island Borough may, at any time by written order signed by the Project Manager of the Kodiak Island Borough, make changes in the specifications for services. Any additions or reductions to the amount of this Agreement resulting from authorized changes, whether initiated by the Contractor or the Kodiak Island Borough, must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the Kodiak Island Borough Code. (b) The cost or credit to the Kodiak Island Borough resulting from a change in the services shall be determined as follows: i. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; or ii. by the hourly fees stated in the Contract Documents or subsequently agreed upon. Prosecution of Work: The Contractor shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire Project. Upon written request by the Kodiak Island Borough, the Contractor shall furnish to the Kodiak Island Borough such evidence as the Kodiak Island Borough may require relating to the ability of the Contractor to complete the Project. Approvals: The Contractor shall obtain and pay for all permits, licenses and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. Stop Work: (a) If the Contractor fails to correct defective services as herein or persistently fails to carry out the Project in accordance with the Contract Documents, the Kodiak Island Borough, by a written order signed personally or by an agent, may order the Contractor to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Kodiak Island Borough to stop work shall not give rise to any duty on the part of the Kodiak Island Borough to exercise this right for the benefit of the Contractor or any other person or entity. (b) If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the Kodiak Island Borough to commence and continue correction of such default or neglect with diligence and promptness, the Kodiak Island Borough may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy it may have, make good such deficiencies and use its best efforts to mitigate the cost of N:\EF\Baler Faci lity\RFPs\RFBs\FY2009\L.andfill Shot Rock Development\2009\#17 Agreement.doc Page 5 of 9 Time: Kodiak Landfill Shot Rock Development Project 1 2009 curing such default. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Project Manager's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Kodiak Island Borough. (a) Definitions: i. Unless otherwise provided, the contract time is the period of time allotted in this Agreement for substantial completion of the Project. (See Exhibit 1) ii. The date of commencement of the Project is the date established in this Agreement as set forth above. iii. The date of substantial completion of the Project or designated portion thereof is the date certified by the Project Manager when the Project is sufficiently complete, in accordance with the Contract Documents. iv. The date of final completion is the date that the Kodiak Island Borough certifies either orally or in writing that the Project is finished. v. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. (b) All time limits set forth herein are of the essence of this Agreement. Payments Withheld: (a) The Kodiak Island Borough may withhold payments from the Contractor for any of the following reasons: i. The application for payment misstates the amount of services completed; ii. Defective services not remedied; iii. Third party claims filed or reasonable evidence indicating probable filing of such claims; iv. Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; v. Reasonable evidence that the Project cannot be completed for the unpaid balance of the contract sum; vi. Reasonable evidence that the Project will not be completed within the contract time; or vii. Persistent failure to perform the services in accordance with the Contract Documents. Termination and Default: (a) If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the Kodiak Island Borough may, without prejudice to any right or remedy and after giving the Contractor seven days' written notice, terminate the employment of the Contractor and take possession of all materials and documents prepared by the Contractor in connection with the Project, and may finish the work by whatever N:\EF\Baler Faci lity\RFPs\RFBs'FY2009\Landfill Shot Rock Development\2009\#17 Agreement.doc Page 6 of 9 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Kodiak Landfill Shot Rock Development Project 1 2009 method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. (b) If the unpaid balance of the contract sum exceeds the costs of finishing the Project, including compensation for the Project Manager's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Kodiak Island Borough. The amount to be paid to the Contractor or to the Kodiak Island Borough, as the case may be, shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the Contract. Assignment: This Agreement shall not be assigned by operation of law or through negotiated agreement by the Contractor without the written permission of the Kodiak Island Borough. However, subcontracting portions of the Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. No Waiver: Failure of the Kodiak Island Borough or the Contractor to enforce a specific section of this Agreement against one another or to enforce a particular demand of the Kodiak Island Borough or the Contractor, made pursuant to the terms of this Agreement, shall not affect a waiver of any of the Kodiak Island Borough's or the Contractor's rights and powers as set forth in this Agreement. Written Notice: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. Integration: The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. Notice: Written notice pursuant to this Agreement shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the following addresses: Anderson Construction Co., LLC P. 0. Box 2310 Kodiak, AK 99615 Kodiak Island Borough - Furnished Data: The Kodiak Island Borough will provide to the Contractor all data in the Kodiak Island Borough's possession relating to the Contractor's services on the Project. The Contractor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the Kodiak Island Borough. Force Maieure: The Contractor is not responsible for damages or delays in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the Contractor. N:\EF\Baler Facility \RFPs\RFBs\FY2009\Landfill Shot Rock Development\2009\#17 Agreement.doc Page 7 of 9 Kodiak Landfill Shot Rock Development Project 1 2009 Kodiak Island Borough's Warranties: The Kodiak Island Borough warrants that: (a) it is under no legal obligation to order the transfer of possession of title to any waste transferred hereunder; (b) it shall inform the Contractor during the term hereunder of all hazards and risks known or learned by it incident to handling the waste; (c) it is in compliance and shall comply with all applicable federal, state and local laws, regulations and orders including, but not limited to, all equal employment opportunity laws, regulations and orders as amended. The Contractor warrants that: he possesses the business, professional and technical expertise to perform the services hereunder; he possesses the equipment, plant and employee resources required to perform in accordance with this Agreement; he will perform services under this Agreement in a manner consistent with the standards of practice applicable to companies who provide similar services in the locale where services are to be performed; Contractor shall be in compliance with all federal, state and local laws in performance of services; and he is now duly licensed, permitted and authorized pursuant to all applicable federal, state and local laws to perform the services hereunder. Contractor's express warranties set forth in this section are exclusive and all other warranties of any kind, whether written, oral, express, statutory or implied (whether arising under law or equity or custom of usage), including, without limitation, implied warranties of merchantability and fitness for a particular purpose, are excluded from this agreement. General Provisions: (a) If a suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs, including appeals. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Alaska and applicable federal laws and regulations. (b) Except for the obligation to pay for services rendered, the performance of this Agreement may be suspended in the event that either party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to, acts of God, war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel, power, raw materials, labor or transportation facilities, governmental laws, regulations, requirements, orders or actions; breakage or failure of machinery or apparatus; national defense requirements; injunctions or restraining orders; labor trouble, strike, lockout or injunction. (c) The Kodiak Island Borough agrees to provide the Contractor and the Contractor's employees, agents and subcontractors, a safe working environment for any services performed on premises owned or controlled by the Kodiak Island Borough. (d) This is the entire understanding and agreement of the parties regarding the services and supersedes any and all prior contracts, agreements, terms and conditions whether written or oral that may exist between the parties hither to and/or which may be contained in any purchase order whether preprinted or not and/or similar document issued by the Kodiak Island Borough prior to this Agreement. No modification of this Agreement shall be binding on either party unless it is in writing and signed by an authorized representative of both parties. N:\EF\Baler Facility\RFPs\RFBs\FY2009\Landfill Shot Rock Development\2009 \ #17 Agreement.doc Page 8 of 9 The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this contract, and in all respects to complete said contract to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, AK 99615 By: By: Rick L. Gifford Borough Manager Title: By Woody Koning Engineering/Facilities Director Attest: By Nova M. Javier, MMC Kodiak Island Borough Clerk Kodiak Landfill Shot Rock Development Project 1 2009 Anderson Construction Co., LLc P. O. Box 2310 Kodiak, AK 99615 N:\EF\Baler Facility\RFPs\RFBs\FY2009\Landfill Shot Rock Development\2009 \ #17 Agreement.doc Page 9 of 9 TITLE: Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. SUMMARY: FISCAL NOTES: Account No.: 220 - 232 - 450 - 380/430, 220 - 234 - 450 - 380/430, 530 - 731 - 450 -140, 555 - 758 - 486 -380, 220 - 236- 430 -140 Amount Budgeted: Expenditure Required: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, snow removal and sanding, and small projects for KIB Facilities. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects mentioned above. A bid schedule is attached.The bid was provided to the Borough Engineering /Facilities Director for review and recommendation. MK Construction will be named as the contractor for this work, and all invoicing, etc. will be provided through this Contractor. APPROVAL FOR AGENDA: ITEM NO: 13.A.2 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -03 with MK Construction of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2009 to June 30, 2011. OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, for the period of July 1, 2009 to June 30, 2011, described as follows: Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for MB Facilities, Schools, and Grounds in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said has hereunto set its hand and seal, the day and year first above written. N:\EF \Service Districts\KIB Facilities \Contract Documents\Road Maintenance Contract FY2010 -2011 \Agreement FY2010- 2011.doc Page 1 of 4 Contract No. -FWD-0 KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk N:\EF\Service Districts\KIB Facilities \Contract Documents\Road Maintenance Contract FY2010- 2011\Agreement FY2010- 2011.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be famished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. N:\EF\Service Districts\KIB Facilities \Contract Documents\Road Maintenance Contract FY2010 -2011 \Agreement FY2010- 2011.doc Page 3 of 4 B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law . agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. N:\EF\Service Districts\KIB Facilities \Contract Documents\Road Maintenance Contract FY2010 -2011 \Agreement FY2010- 2011.doc Page 4 of 4 Type of Labor or Description, Age, & Rental and/or Equipment Condition of Equipment Labor Rate/Hour 155< HP GRADER 156> HP GRADER 8-10 CY SANDER 4 /9(..C , 6 A.02, . >8-10 CY SANDER 10-12 CY END DUMP / DUMP WITH TILT DECK I K. ZLL FRONT END LOADER 1 1 /2 -4 1/2 CY SV • t4C PICKUP WITH LABORER • f)e—j '4 4 / 1%11 • LOWBOY TRAILER 63+ HP BACKHOE $fO Ca t DD 90/110 ROLLER 1 „ 4 - Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT 4 /75 • e ' ° 6 / 8 0 ec 4- Q5 C( 4 /00 cc ' / 46 " f(O Presently Owned Or Rented (circle one) O/R / R O/R R /R O/R O/R R / R R / R O/R O/R / R O/R / R ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL ./C /CSC} E .44- occ 4A l VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) 15S RIP CAT 340< HP LABOR RATE MISCELLANEOUS EQUIP SANDING MATERIAL '/a" Rock Chips D -1 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT /96i 6-cod -% 2/0 eo /99P 6or,cl C X) C orf 'S() I (Asti 6(x )c.1 / (,U as I N/C (C /l s3.50 $ per Cubic Yard $ per Ton 8 (Proposer: Please attach additional pages if necessary) OA zzo0 Z 'es- O/R X/R O/R R 0/R X/ �/R R O/R /R O/R O/R O/R O/R 0/R 0/R ct LOWBOY TRAILER DD 90/110 ROLLER 75> HP DOZER RIP CAT 340< HP Bid Schedule ' c}t+E tit RATES LABOR AND EvuirMENT TUBE USED ON PROJECT PICKUP WITH LABORER 63+ HP BACKHOE � x tf L ;4 I r5•�ar� ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL RIP CAT 340> HP (90,000 LB) C 41, , A7. _Y .. -- to I(.S ssrK Y , GG./l. VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" t ' V(.4rS. �S 4 ' /00 °" A !!O bG "A /Jog as 6,5 /�..O " Zoo "" 35O R )4/R X/ R 0/X 0/R /R 0/R R O/R /R O/R X/R O/R IR /R X/R O/R X/R O/R O/R O/R ctSi The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ 6` " per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus /2- percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2009 through June 30, 2011. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Description, Age, & Rental and /or Equipment Condition of Equipment Labor Rate /Hour 155< HP GRADER 156> HP GRADER • 8 -10 CY SANDER >8 -10 CY SANDER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT de REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply R Sa *.kfo 10 -12 CY END DUMP / DUMP WITH TILT DECK c4 . FRONT END LOADER 1 '/ - 4 '/s CY /ms Z2S.Cdc' .* /SG) /So Presently Owned Or Rented (circle one) /R 0/R /R 0/R /R 0/R 0/R 0/R */R /R R Bid Schedule X' #'Ai,- gA RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT L4 /CA)(e., 4 bS ' MATERIAL Recycled Asphalt Pavement (RAP) $ per Ton (Seal, if proposal is made by a Corporation) (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ 30 cc per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus fa percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. Respectfully Submitted: - /Pt cry :t‘-a Title��, �!� ( , `ti Date: - 27•C.' %5 Business Address: 161 i, , y C, /T Telephone: - 7 - Alaska Contractor's License Number: ,;3 /</5 Expires: /2 -,3/ - 2 0 /0 Alaska Business License Number: Expires: /2_ - 31 - ZCC 0/R 0/R O/R TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.A.3 Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bayview Road Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid schedule is attached. The bid was provided to the Bayview Road Service Area Board for review and recommendation. The contract will name MK Construction as the Contractor of this work, and all invoicing, etc. will be provided through this Contractor. FISCAL NOTES: Account No.: 246- 228 - 446- 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -04 with MK Construction of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2009 to June 30, 2011. OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which maybe required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said has hereunto set its hand and seal, the day and year first above written. N:\EF\Service Districts\Bayview Service Area \Contract Documents \Road Maintenance Contract FY2010 -201 1 \Agreement 2009.doc Page 1 of 4 Contract No. - j201 n - a/ KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, MMC Borough Clerk ■: \EF\Service Districts\Bayview Service Area \Contract Documents\Road Maintenance Contract FY2010 -201 1\Agreement 2009.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. N:\EF\Service Districts\Bayview Service Area \Contract Documents\Road Maintenance Contract FY2010 -2011 \Agreement 2009.doc Page 3 of 4 B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and /or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law . agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. N:\EF \Service Districts\Bayview Service Area \Contract Documents\Road Maintenance Contract FY2010 -2011 \Agreement 2009.doc Page 4 of 4 Type of Labor or Equipment 155< HP GRADER 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER 1 FRONT END LOADER 1 1/2 - 4 V2 CY 2Lq 2.S PICKUP WITH LABORER LOWBOY TRAILER DD 90/110 ROLLER 4':' Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Description, Age, & Condition of Equipment i(1 $ /95 i'l tl C �: ysd 10 -12 CY END DUMP / DUMP WITH TILT DECK /• / `'C-_' .c /r / F -�1 ooz. rc F�. /9q • / Rental and /or Labor Rate /Hour Z t° cu / 7S. t:Y, / 75. # Q5" $ /UO"' 63+ HP BACKHOE SIO Cif �`' 1�Itk' ' cai /,/p Ct4 2.(3c /6,0 Presently Owned Or Rented (circle one) R O/R /R O/R / /R O/R O/R /R X/R R O, /R / R /R O/R O/R /R O/R ICE THAWING EQUIP (STEAM GENERATING) • WATER TRUCK 100+ GAL VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP LABOR RATE MISCELLANEOUS EQUIP SANDING MATERIAL 'A" Rock Chips D-1 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT 2 e $ 2 10 6° 1(4:4 1,,,T.; $ per Cubic Yard $ per Ton Id) 28 (Proposer: Please attach additional pages if necessary) eio • c° 1 / 4 -$ iec 4 i&O 12'e 0 / R X/ R O/R R O/R / R O/R O/R O/R O/R O/R 0 / R 0 / R The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ ., 3 'i'° per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus /Z percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2009 through June 30, 201 I . To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Equipment 155< HP GRADER 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER 10 -12 CY END DUMP / DUMP WITH TILT DECK S,tr�t t. FRONT END LOADER I' /2- 4' /zCY Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply Description, Age, & Condition of Equipment . •)sr.. h.. o ld: = Y. `. - A ( i` / 1 f . rtS ./u•lrvn . C' / Rental and /or Labor Rate /Hour i c o0 2 2S $ /So .° /70 Presently Owned Or Rented (circle one) /R O/R R O/R /R O/R O/R 0/R PICKUP WITH LABORER LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL 75> HP DOZER RIP CAT 340< HP Bid Schedule p. 'f} at RATES LABOR AND LOuirMENT TO BE USED ON PROJECT +.� tea �+d RIP CAT 340> HP (90,000 LB) VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" s^f'Y1� sv'y r • /90• -$ /50 du $ ,5_ $ 2 30 d� /(O ca $ 200 c6 /75 /R / R ik(/ R 0 O/R )6? /R O/R R O/R R O/R R 0/R / R O/R O/R 0/R (Seal, if proposal is made by a Corporation) e ' 1 / Vk 6.3 MATERIAL Bid Schedule A"is�'r i6'" KA RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Recycled Asphalt Pavement (RAP) $ per Ton By: Title: '4//f (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ ,3O "" per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus /2 percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. Respectfully Submitted: Date: =.' / Business Address: c 6, r: Telephone: Alaska Contractor's License Number: Expires: /2 / 2C , (: Alaska Business License Number: Expires: si . O/R O/R O/R TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.A.4 Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Womens Bay Service Area. Sealed bids were received and opened on May 27, 2009. One bid was received from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid schedule is attached. The bid was provided to the Monashka Bay Service Area Board for review and recommendation. The contract will name MK Construction as the Contractor of this work, and all invoicing, etc. will be provided through this contractor. FISCAL NOTES: Account No.: 244 - 226- 446- 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: °.( RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010- 05 with MK Construction of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2009 to June 30, 2011. OWNER - GENERAL CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and , of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, for the period of July 1, 2009 to June 30, 2011, described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said has hereunto set its hand and seal, the day and year first above written. N: \EF \Service Districts\Monashka Bay Service Area \Contract Docs\Road Maintenanace Contract FY2010 -2011 \Agreement FY2010- 2011.doc Page 1 of 4 Contract No. -M010 `C,.c KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Waffle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk N:\EF\Service Districts\Monashka Bay Service Area \Contract Docs\Road Maintenanace Contract FY2010- 2011\Agreement FY2010- 2011.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. N:\EF\Service Districts\Monashka Bay Service Area \Contract Docs\Road Maintenanace Contract FY2010- 2011\Agreement FY2010- 2011.doc Page 3 of 4 B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. N:\EF \Service Districts\Monashka Bay Service Area \Contract Docs\Road Maintenanace Contract FY2010 -2011 \Agreement FY2010- 2011.doc Page 4 of 4 b t% ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL ./`UGC s< >. _ . T. Y; 7! t:: �, ✓ A VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 51 - ttyi l7fP N 6</- " &/O 'Asti) rrl iU 75> HP DOZER RIP CAT 340> HP (90,000 LB) b - /5:5 1 Lru.to. RIP CAT 340< HP MISCELLANEOUS EQUIP SANDING MATERIAL '/" Rock Chips D -1 Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Zc c. Gc-r_ d 199© C'c� LABOR RATE �# $ per Cubic Yard 4- 6 - ' * 28: (Proposer: Please attach additional pages if necessary) 4 HO s /80 . Uff - „3,51-0 $ per Ton # Zz 00 /Z. ZS" 0/R X/ R O/R R O/R X/R X/R )4/R O/R X/R 0/R O/R 0/R 0/R O/R 0/R Type of Labor or Equipment 155< HP GRADER jx L ivin ci 156> HP GRADER 8 -10 CY SANDER JF �� r wrYei l Ae ` . >8 -10 CY SANDER FRONT END LOADER 1 %2 - 4'/z CY 3 .t' / �R7 9:5z, / ,C! PICKUP WITH LABORER LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER 1,0 -- v" -ttk Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO 13E USED ON PROJECT Description, Age, & Rental and /or Condition of Equipment Labor Rate /Hour i(79/ (ctipc/ 1q9c.) G d - X 95 10 -12 CY END DUMP / DUMP WITH TILT DECK ‘ C KEt,4,_i r °tA , / 4 Je.r i 16crc $ /90 " Ct k / C � ctl / `/90 (,'c:<i , 50c (4,/,4, < "k' i99 (c ;c/ 590 C As 4- /cog 6,c/ $ ZV-O,et / 1S — a /7S' ro /` o• (CI f Me."' X.' 95 x /00"' 1 Presently Owned Or Rented (circle one) X/R 0/R }/R 0/R / R /R 0/R 0/R /R ik/R R /R g/R /R 0/R 0/R /R O/R /R The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ 30 '° per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus 1 Z percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2009 through June 30, 2011. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Description, Age, & Rental and /or Equipment Condition of Equipment Labor Rate /Hour 155< HP GRADER 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER it t eva 10 -12 CY END DUMP / DUMP WITH TILT DECK FRONT END LOADER 1 '/ - 4 Y CY Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply .�; ct4st.V. .. Presently Owned Or Rented (circle one) /R O/R R O/R X/R 0/R 0/R O/R jX/R PICKUP WITH LABORER LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" 75> HP DOZER RIP CAT 340< HP Bid Schedule e: }ek. Tot RATES LABOR AND EV uirMENT TO BE USED ON PROJECT . °orbit:. / S C ' 6d4"'L- . c L RIP CAT 340> HP (90,000 LB) • (4 190 4 ' Z36 /GO 44 ZOO 6C X/R 0/X O/R /R O/R X/ R 0/R X/ R O/R X/ R O/R / R /R R O/R O/R O/R 1- 404, MATERIAL Bid Schedule /fei dip- eA MATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Recycled Asphalt Pavement (RAP) $ per Ton (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ .30 " per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus / percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. (Seal, if proposal is made by a Corporation) Respectfully Submitted: B y Title: Date: 3- 2.7 09 Business Address: f " ?CJ. 6/- 453 )1 ecr/4, . 9;7r,, /,5 Telephone: yt, 7 Alaska Contractor's License Number: .3 3 /V5 Expires: /2 - 1O /0 Alaska Business License Number: r7C5y Expires: /2_ 3/ - 2.009 O/R O/R O/R TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.A.5 Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No. 1. One sealed bid was received and opened on May 27, 2009 from Brechan Enterprises, Inc. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid schedule is attached. The bid was provided to the Service Area No. 1 Board for review and recommendation. The contract will name Brechan Enterprises, Inc. as the Contractor of this work, and all invoicing, etc. will be provided through this Contractor. FISCAL NOTES: Account No.: 242 - 224 - 446- 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -06 with Brechan Enterprises, Inc. of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2009 to June 30, 2011. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. w lO 0 THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, for the period of July 1, 2009 to June 30, 2011, described as follows: Road Maintenance and Repairs, Snow Removal and Sanding For Service Area #1 in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said has hereunto set its hand and seal, the day and year first above written. N:\EF \Service Districts \Service Area No. 1 \Contracts\Road Maintenance Contract FY2010- 2011\Agreement FY10- 11.doc KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, MMC Borough Clerk N:\EF \Service Districts \Service Area No. 1 \Contracts \Road Maintenance Contract FY2010 -2011 \Agreement FY10- 11.doc Page 2 of 4 Insurance Insurance Specifications The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. N:\EF\Service Districts \Service Area No. 1 \Contracts\Road Maintenance Contract FY2010- 2011\Agreement FY 10- 11.doc B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non- owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by , agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. N:\EF \Service Districts\Service Area No. 1 \Contracts\Road Maintenance Contract FY2010 -2011 \Agreement FY10- 11.doc Page 4 of 4 Type of Labor or Equipment 155< HP GRADER 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER 10 -12 CY END DUMP / DUMP WITH TILT DECK PICKUP WITH LABORER LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER Bid Schedule FY2010 -2011 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Description, Age, & Condition of Equipment Rental and/or Labor Rate/Hour 1999 Champion 730 $270.00 1986 Cat 16G $375.00 1982 Cat 14G $295.00 10 cy on KW Tractor $240.00 2001 to 2009 Kenworth and Mack $200.00 FRONT END LOADER 1 -4 Y2 Case 821 E $265.00 x OR Komatsu WA250 $230.00 00 /R Cat 966 $245.00 cyR Various $115.00 70 Ton Load King $320.00 1995 Cas 580L 1993 to 1999 Cat 426B $160.00 $160.00 Ingersoll -Rand DD90 $230.00 Ingersoll -Rand DD110 $230.00 N: \EF \Service Districts \Service Area No. 1 \Contracts \Road Maintenance Contract FY2010 -2011 \Bid Schedule FY10- 11.doc Page I of 5 Presently Owned Or Rented (circle one) p0 /R O/R p0 /R DO /R O R O/R O/R O/R QO /R O/R / R O/R Q/ R O/R Q/R R OCR OQ/R Bid Schedule FY2010 -2011 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP LABOR RATE MISCELLANEOUS EQUIP American Cleaner, Steam Cleaner $120.00 2001 KW Tractor w /4000 gal Tank $240.00 SD 180 - 84" Drum (Ingersol Rand) $230.00 1996 Komatsu D65 $265.00 1998 Cat D6 M $265.00 1982 Cat D9 L $490.00 1982 Cat D9 L $490.00 Power Broom Cat RT80 Forklift SANDING MATERIAL $ per Cubic Yard 'A" Rock Chips 50.50 D -1 22.80 $ per Ton 36.00 12.00 $ 75.00 $160.00 $160.00 N:\EF \Service Districts \Service Area No. 1 \Contracts\Road Maintenance Contract FY2010- 2011\Bid Schedule FYI 0- 1 1.doc Page 2 of 5 R O/R 0/R O/R (D/R 0/R QO /R 1D/ R 0/R O/R 0/R O/R QO /R R O/R (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ 31.00 per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. Bid Schedule FY2010 -2011 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus 2 0 percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2009 through June 30, 2011. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Equipment 155< HP GRADER 156> HP GRADER 8 -10 CY SANDER >8 -10 CY SANDER FRONT END LOADER 1 'h - 4 'h C PICKUP WITH LABORER REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply Description, Age, & Condition of Equipment 1999 Champion 730 $270.00 1986 Cat 16G 1982 Cat 14G 10 -12 CY END DUMP / DUMP WITH TILT DECK 10 cy on KW Tractor $240.00 2001 to 2009 Kenworth and Mack $200.00 Case 821 E Komatsu WA250 Cat 966 Rental and/or Labor Rate /Hour $375.00 $295.00 $265.00 $230.00 $245.00 Various $115.00 N: \EF\Service Districts \Service Area No. 1 \Contracts \Road Maintenance Contract FY2010 -2011 \Bid Schedule FYI 0- 11.doc Page 3 of 5 Presently Owned Or Rented (circle one) 0/ R O/R CY R 0O /R p0 /R O/R O/R O/R CY R O/R O/R O/R (d)/ R (0)/ R LOWBOY TRAILER 63+ HP BACKHOE DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" - 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP LABOR RATE MISCELLANEOUS EQUIP Bid Schedule FY2010 -2011 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT 70 Ton Load King $320.00 1995 Cas 580L 1993 to 1999 Cat 426B Ingersoll -Rand DD90 $230.00 Ingersoll -Rand DD110 $230.00 American Cleaner, Steam Cleaner $120.00 2001 KW Tractor w /4000 gal Tank $240.00 SD 180 - 84" Drum (Inqersol Rand) 1996 Komatsu D65 1998 Cat D6 M $160.00 $160.00 $230.00 $265.00 $265.00 1982 Cat D9 L $490.00 1982 Cat D9 L $490.00 $ 75.00 N: \EF \Service Districts \Service Area No. 1 \Contracts\Road Maintenance Contract FY2010- 2011\Bid Schedule FY10- I1.doc Page 4 of 5 O/R QO /R 0/R OQ /R O/R CYR R (Q)/ R 0/R QO /R O/R O/R 0✓R OQ /R ©/R 0/ R O/R (Q)/ R O/R MATERIAL (Seal, if proposal is made by a Corporation) Bid Schedule FY2010 -2011 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Recycled Asphalt Pavement (RAP) $ per Ton Power Broom $160.00 Cat RT80 Forklift $160.00 no bid (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ 31.00 per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus 20 percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. Respec ally Submitt • B Jascha Zbitnoff Title: Corporate Secretary Date: 5-27-09 Business Address: 2705 Mill Bay Rd. Kodiak, AK 99615 Telephone: (907) 486-3215 Alaska Contractor's License Number: 441 Expires: 12/31/2010 Alaska Business License Number: 1858 Expires: 12/31/2010 N:\EF \Service Districts \Service Area No. 1 \Contracts\Road Maintenance Contract FY20I0 -201 1 \Bid Schedule FY10- 1 I.doc Page 5 of 5 QO /R R O/R TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.A.6 Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Womens Bay Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid schedule is attached. The bid was provided to the Womens Bay Service Area Board for review and recommendation. The contract will name MK Construction as the Contractor of this work, and all invoicing, etc. will be provided through this Contractor. FISCAL NOTES: Account No.:240- 222 - 446- 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010- 07 with MK Construction of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2009 to June 30, 2011. OWNER - GENERAL, CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, for the period of July 1, 2009 to June 30, 2011, described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Road Service Area Contract No. -0'7 in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said has hereunto set its hand and seal, the day and year first above written. \ \dove \borough \EF \Service Districts \Womens Bay Service Area \Contract Docs\Road Maintenance Contract FY2010- 2011 \Agreement FY2010- 2011.doc Page 1 of 4 KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk \\dove \borough\EF \Service Districts \Womens Bay Service Area \Contract Docs\Road Maintenance Contract FY2010- 2011 \Agreement FY2010- 2011.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. \ \dove \borough\EF\Service Districts \Womens Bay Service Area \Contract Docs\Road Maintenance Contract FY2010- 2011\Agreement FY2010- 2011.doc Page 3 of 4 B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and /or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \ \dove \borough\EF \Service Districts \Womens Bay Service Area \Contract Docs\Road Maintenance Contract FY2010- 2011 \Agreement FY2010- 2011.doc Page 4 of 4 TITLE: Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. SUMMARY: Kodiak Island Borough Code 2.25.200 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value or historical interest. The attached list of records are not of a historical, legal, nor administrative value and have met the minimum retention requirements. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 - 34. ITEM NO: 13.B.1 1 Introduced by: Borough Clerk 2 Requested by: Borough Clerk 3 Drafted by: Records Manager Introduced on: 07/02/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2009 -34 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AUTHORIZING THE RECORDS MANAGER TO DISPOSE 11 OF CERTAIN KODIAK ISLAND BOROUGH RECORDS 12 13 WHEREAS, Resolution No. 95 -01 and amendments provides the minimum retention 14 requirements for specific records; and 15 16 WHEREAS, the department directors have reviewed and authorized the destruction of the 17 specific records attached to this resolution; and 18 19 WHEREAS, Kodiak Island Borough Code 2.25.200(B) provides for the destruction of records 20 which were certified by the clerk and attorney as having no legal or administrative value or 21 historical interest; and 22 23 WHEREAS, under the Exxon Valdez retention order, documents between January 1, 1987 and 24 December 31, 1993, should be retained; and 25 26 WHEREAS, based on court proceedings involving the mental health center, all computerized 27 mental health records shall be maintained from 1985 forward; and 28 29 WHEREAS, the attorney found no other documents on the list which have unusual legal, 30 administrative, or historical interest; and 31 32 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: The attached lists of records are not of a historical, legal, nor administrative value 36 and have met the minimum retention requirements. 37 38 Section 2: These records may be destroyed as provided by Kodiak Island Borough Code 39 2.25.200 (B). 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS DAY OF 2009 43 44 45 46 KODIAK ISLAND BOROUGH 47 48 49 50 Jerome M. Selby, Borough Mayor 51 52 ATTEST: 53 54 55 56 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -34 Page 1 of 5 57 58 59 BC-46 BC -56 BC -63 BC -63 BC -63 BC -63 Plat Log Petitions General Correspondence General Correspondence General Correspondence General Correspondence Back -up documentation - FY2007 Referendum Petition Filed June 25, 1985 — FY1985 Routine Nature — FY2006 Narrow Cape Access Restriction — FY2005 Routine Correspondence — FY2005 Routine Correspondence — FY2005 Clerk's Office Clerk's Office Clerk's Office Clerk's Office Clerk's Office Clerk's Office EL-01 EL-01 EL-01 EL -04 EL -07 EL -07 EL -08 EL -13 EL -13 EL -13 Voted Ballots Voted Ballots Voted Ballots Election Registers and Tally Books Declarations of Candidacy Declarations of Candidacy Financial Disclosure Statements Election Official's Records Election Official's Records Election Official's Records Municipal Election — October 2008 Municipal Election — October 2008 Completed, Rejected, Absentee Ballots — FY2005 Precinct Tally Books — FY2005 Candidate Records — Municipal Election — FY2005 Candidate Records — Municipal Election — FY2001 Conflict of Interest Statements — FY2003 Recruitment Materials, Interest Letters, Training Notes - FY2005 Certificates of Posting — February 2001 Special Election Recruitment Materials, Interest Letters, Training Notes - April 20, 2004 Special Election Hallway Hallway Hallway Hallway Hallway Hallway Clerk's Office Hallway Hallway Hallway DC -03 DC 03 DC -04 DC -04 DC -05 DC -05 Financial Reporting Grant Administration Files Grant Administration Files Child Care Provider Authorizations Child Care Provider Authorizations Attendance & Billing Reports - FY2002 Grant Receipt, Applications, Budgets, Project Narrative — FY2002 Special Needs — FY2002 Written Agreement Signed by the Grantee, Provider, and Local Administrator — FY2002 Written Agreement Signed by the Grantee, Provider, and Local Administrator — FY2002 H -1 -14C H -1 -15C J -6 -02 H -1 -13 H -1 -15C Kodiak Island Borough Resolution No. FY2009 -34 Page 2 of 5 DC -07 Statistical Childcare Provider Reports Financial Support Records for Grants - FY2002 H -1 -15C DC-07 - . e e Financial Support Rccordc for Grants FY1991 J 4 02C - - - -- - - -- Reports DC -08 Provider Files Provider Information - FY2002 H -1 -14C CD -04 CD-06 CD -06 CD-06 CD -06 CD-06 CD-06 DID-06 CD-06 CD-06 CD-06 CD-06 CD -06 CD-40 CD-1 -0 CD-1 -0 CD-1 -0 CD --1-0 CD -10 CD -10 CD 11 Audio Cassette Tapes of Committee Meetings Coastal Zone Management Coastal Zone Management Coastal Zone Management Coastal-Zone-Management Coastal-Zone-Management Coastal Zone Management Coastal-Zone-Management Coastal Zone Management Planning & Zoning Commission Planning & Zoning Commission Planning & Zoning Commission Planning & Zoning Commission Planr- ing-&- Zoning Commission Planning & Zoning Commission Planning & Zoning Commission Planning & Zoning Meetings - 7/2005 - 6/2006 Hall Audio FY1985, 1086, 1087, 1988, 1989, 1990 Correspondence Related to Coastal Management - FY1994, 1995, 1996, 1997, 1998, 1999, 2000 FY1991, 1992, 1993 Correspondence Related to Coastal Management - FY1975- 1984 - -- - - - - - -- -- - --•• -• --FY1 993 FY1993 FY1993 —F-Y-1-993 Correspondence Related to Coastal Management FY1993 FY1993 Correspondence Related to Coastal Management - FY 2002 Meeting Packets FY1988 Meeting Packets FY1990 Meeting -, kets —.x990 Meeting Packets FY1992 Meeting Packets FY1003 Meeting Packets - FY1994 Meeting Packets - FY1994 Correspondence, reports, photos, ownership files • • • • _ Hall Hall Hall Hall E 6 15 E 2 09 E 2 10 E 5 14 E 6 11 E 7 10 E 6 15 H -4 -04 E 1 12 E 3 12 E-2-08 E 1 15 E 15 E -6 -13 E -7 -09 Irtallway Kodiak Island Borough Resolution No. FY2009 -34 Page 3 of 5 CD 11 - --- - -- E 3 13 -- -- -- -- = - e e - - related to removal FYI9OI CD -11 Junk Removal Files Correspondence, reports, photos, ownership files related to removal. FY2002 E -2 -07 CD -11 Junk Removal Files Correspondence, reports, photos, ownership files related to removal. FY2002 E -3 -15 Collection & Disposal Reports — FY2002 FI -06 FI -06 FI -07 FI -09 FI -13 FI -13 FI -13 FI -13 FI -13 FI -14 FI -15 FI -15 FI -15 FI -15 FI -15 FI -15 FI -15 FI -19 FI -22 FI -22 FI -23 FI -29 FI -33 FI -33 FI -33 FI -34 Journal Vouchers Journal Vouchers Property Tax Accounting Property Tax Accounting Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Accounts Receivable Bank Reconciliation Statement Employee Case Files Employee Case Files Federal Deposit Tax Stubs Federal and State Employee Taxes Baler Monthly Accounting Reports Baler Monthly Accounting Reports Baler Monthly Accounting Reports Sanitation Monthly Accounting Report FY2002 FY2002 Tax Billing, Payments, Adjustments - FY2000 CPO Reports — FY1999 Copies of Invoices — FY2002 Copies of Invoices — FY2002 Copies of Invoices — FY2002 Copies of Invoices — FY2002 Copies of Invoices — FY2002 Second Copy of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Daily Record of Cash Receipts — FY2002 Federal and State Revenue Documentation — FY2001 Statements of Account Activity, Reconciliation — FY2002 Completed Health and Life Insurance Forms — FY1996 Completed Health and Life Insurance Forms — FY2002 941 Employer Payroll Tax Quarterly Report — FY1995 — FY2000 W -2 Wage Reporting to IRS — FY1995 — FY2000 Invoice Reports, Invoice Copies, Aging Report — FY2002 Invoice Reports, Invoice Copies, Aging Report — FY2002 Invoice Reports, Invoice Copies, Aging Report — FY2002 Consumption Reports, Aging Payments, Adjustments, Billing — FY2002 B -1 -03 B -2 -03 B -6 -03 B -3 -01 B-4 -06 B -3 -06 B -4 -01 B -5 -03 B -5 -01 B -7 -04 B -3 -02 B -6 -04 B -7 -03 B -1 -02 B -2 -02 B -3 -03 A -4 -11 B -5 -02 B -5 -12 B -1 -01 A -3 -12 A -3 -12 B -2 -04 B-4 -04 B -5 -04 B -2 -01 Kodiak Island Borough Resolution No. FY2009 -34 Page 4 of 5 FI -34 Sanitation Monthly Accounting Report Consumption Reports, Aging Payments, Adjustments, Billing — FY2002 B -1 -04 FI -34 Sanitation Monthly Accounting Report Consumption Reports, Aging Payments, Adjustments, Billing — FY2002 B -3 -04 FI -34 Sanitation Monthly Accounting Report Consumption Reports, Aging Payments, Adjustments, Billing — FY2002 B-4 -03 FI -39 Severance Taxes CONFIDENTIAL Severance Taxes Filed w /Borough, Quarterly Schedules of Revenues Collected - FY2002 A -3 -16 SERIES# RECORD SERIES COMMENTS LOCATION FI-42 JE Edits Check Register by Details, by Check, Manual Void Checks — FY2007 A -6 -08 FI-43 School District Accounting Records Central Treasury and In -Kind Reconciliation with KIBSD — FY2000 Hallway 63 64 65 66 67 68 69 70 MG -01 MG -18 Manager's Admin Files Nonprofit Organization Files Correspondence - FY1999 — Possible Historical Files Related to the Administration of Borough Appropriations — FY2002 1-4 -09 Hallway 2 OM-04 OM -01 OM -04 Mayor's Admin Files Litigation Mayor's Administrative Files — FY1999 Litigation Correspondence Regarding Petition — FY1995 Clerk's Office Clerk's Office PE 10 Copies of Rosters Minutes, Agenda Packctc, F-4-02 Reports and Reports FY1991 RM -09 Firewood Permits Short Term Permits Allowing Cutting of Wood on Hall Borough Property — FY2000 — FY2007 Kodiak Island Borough Resolution No. FY2009 -34 Page 5 of 5 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.B.2 Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program. SUMMARY: This resolution will authorize Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation requires this resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -04. 1 Introduced by: Manager Gifford 2 Requested by: AML /JIA 3 Drafted by: AMUJIA Introduced on: 07/02/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -04 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING TO PARTICIPATE IN THE AMLJIA 11 LOSS CONTROL INCENTIVE PROGRAM 12 13 WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint 14 Insurance Association (hereinafter "AMLJIA "); and 15 16 WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides 17 workers' compensation, liability and property coverage for the Kodiak Island Borough; and 18 19 WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member 20 losses individually and pool wide; and 21 22 WHEREAS, the AMLJIA will provide all written program materials necessary, and offer 23 assistance to participants; and 24 25 WHEREAS, pool members that participate in the Loss Control Incentive Program and complete 26 the required activities, will have the opportunity to earn a discount on their contribution; and 27 28 WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its 29 students, employees, citizens, and the visiting public; and 30 31 WHEREAS, the Loss Control Incentive Program will enhance such an environment. 32 33 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH elect to participate in the AMLJIA Loss Control Incentive Program for the 2009 -2010 35 policy year. 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS DAY OF 2009 39 40 KODIAK ISLAND BOROUGH 41 42 43 44 Jerome M. Selby, Borough Mayor 45 46 ATTEST: 47 48 49 50 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -04 Page 1 of 1 TITLE: Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. SUMMARY: The existing Records Management code was put in place in 1975 with very minor changes in 1979 and 1998. Staff determined the need to bring it into compliance with recent and existing laws and regulations. The old KIBC 2.25.200 is being repealed in its entirety and a new Chapter 2.40 is being established. The new chapter includes policies that reflect industry best practices. Staff research and proposal considered Alaska Statutes, codes from other municipalities, and consultation with Borough staff. This ordinance was also reviewed by the Borough Attorney for compliance. Staff asks that, after review, the Assembly consider the adoption of this ordinance. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -02 in first reading to advance to public hearing at the next regular meeting of the Assembly. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -02 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.40 RECORDS MANAGEMENT, CHAPTER 2.50 BOROUGH CLERK, SECTION 2.50.020 DUTIES, AND CHAPTER 2.55 ENGINEERING AND FACILITIES DEPARTMENT, SECTION 2.55.010 ENGINEERING AND FACILITIES DEPARTMENT DIRECTOR WHEREAS, the existing Records Management code was put in place in 1975 with very minor changes in 1979 and 1998; and WHEREAS, the staff determined the need to bring the Records Management code into compliance with recent and existing laws and regulations; and WHEREAS, the old KIBC 2.25.200 is being repealed in its entirety and a new Chapter 2.40 is being established. The new chapter includes policies that reflect industry best practices; and WHEREAS, staff research and proposal considered Alaska Statutes, codes from other municipalities, and consultation with Borough staff; and WHEREAS, this ordinance was also reviewed by the Borough Attorney for compliance. N. Javier, Borough Clerk N. Javier, Borough Clerk N. Javier, Borough Clerk 07/02/2009 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; Section 2: The Kodiak Island Borough Code of Ordinances Title 2, Chapter 2.25 is hereby repealed and Chapter 2.40 is hereby enacted as follows: Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.05 Bonding of Officers and Employees 2.10 Appointment of Officers, Commissions, and Committees 2.15 Personnel 2.20 Borough Mayor 2.25 Borough Assembly 2.30 Rules of the Assembly 2.35 Conflict of Interest 2.40 Repealed Records Management 2.45 Borough Manager 2.50 Borough Clerk 2.55 Engineering and Facilities Department 2.60 Resource Management Officer Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 1 of 12 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 99 100 101 102 103 104 105 106 107 108 2.65 Borough Attorney 2.70 Finance Department 2.75 Assessing Department 2.80 Community Development Department 2.85 Management Information Systems Department 2.90 Building Official 2.95 Fire Department 2.100 Boards, Committees, and Commissions 2.105 Planning and Zoning Commission 2.110 Emergency Services 2.115 Kodiak Economic Development Commission 2.120 Parks and Recreation Committee 2.125 Architectural /Engineering Review Board 2.130 Airport Advisory Committee 2.135 Arts Council Advisory Committee 2.140 Kodiak Area Transit System Advisory Committee 2.145 Solid Waste Advisory Board Chapter 2.25 BOROUGH ASSEMBLY Sections: 2.25.005 2.25.010 2.25.020 2.25.030 2.25.050 2.25.060 2.25.070 2.25.150 2.25.160 2.25.170 2.25.180 2.25.190 Legislative powers. Composition. Term. Assembly oath of office. Deputy presiding officer. Declaring and filling vacancies. Absences. Ordinance — Form. Ordinance — Adoption. Resolution — Form. Resolution — Adoption. Journal of proceedings. 1. Retained permanently; 2. Destroyed; amended as necessary by resolution. The schedule shall list, Repealed. e . !- -- - 'o -- -- Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 2 of 12 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 microfilmed or optical disc imaged. The clerk, or designee, shall dispose of tho records to bo doctroyed by cremation or other means determined to be appropriato by the clerk. Upon disposal, thc clerk shall file in thc clerk's offico, and in tho dopartmont from which the records and a record of the disposal itself. The clerk shall transmit copies of thc list and record of shall- seoctituto a filing and preservation by the assembly of these documents. documents); not of a historical, leg trative value (list documents); or microfilmod records which have been retained for length of rotontion pc historical, legal, or administrative value (list documonts). ee conccrnod, either as a debtor or creditor, shall not be destroyed until the claim, demand, or account has boon settled and adjusted. A reproduction, print, or cnlargcme microfilm copy of an original record shall be concidored as an original record for all purposes, rl Definitions As used in this section, the words "record" or "records" include any papor, book, photograph, microfilm, optical -dice imago, sound rocording, map, bluoprint, drawing, or 1998; Ord. 79 11 0, 1979; Ord. 75 2 O §1, 1975. Formorly §2.16.200]. 143 Chapter 2.40 144 RECORDS MANAGEMENT 145 146 Sections: 147 2.40.010 Open records. 148 2.40.020 Access and inspection of records. 149 2.40.030 Request for records - response by the borough. 150 2.40.040 Charges and fees for records. 151 2.40.050 Certified copies of records. 152 2.40.060 Compilation or creation of records. 153 2.40.070 Personal and proprietary records available for public disclosure. 154 2.40.080 Notice regarding personal information. 155 2.40.090 Information accuracy and completeness. 156 2.40.100 Exemptions for particular records. 157 2.40.110 Denial or request, appeal. 158 2.40.120 Records management program creation and administration. 159 2.40.130 Ownership of records. 160 2.40.140 Records management roles and responsibilities. 161 2.40.150 Noncurrent records not to be maintained in office files. 162 2.40.160 Disposal of records. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 3 of 12 163 2.40.170 Micrographic program established. 164 2.40.180 Micrographic standards. 165 2.40.190 Alteration and replacement of public records. 166 2.40.200 Audit. 167 2.40.210 Definitions. 168 169 2.40.010 Open records. 170 Unless specifically provided otherwise, the public records of the borough are open to 171 inspection by the public under reasonable rules during regular office hours. The clerk or 172 employees having custody of public records shall give on request, upon payment of the fee, a 173 copy of the public record. The fee will be based on the fee schedule adopted by resolution of the 174 assembly. 175 176 2.40.020 Access and inspection of records. 177 Public records that are immediately available may be inspected at the borough office where 178 the records are kept during the regular office hours. All borough employees shall, consistent with 179 the orderly conduct of borough business, make a good faith and diligent effort to respond to 180 requests for inspection or copies of records made pursuant to the KIB Code. 181 182 2.40.030 Request for records - response by the borough. 183 A. For records that are not immediately available in the borough offices, a requester shall 184 submit a written request to inspect or obtain a copy of a borough record through the clerk's 185 office. The request shall be accompanied by the applicable fee. The clerk's office coordinates 186 with the borough department who is the custodian of the borough record. 187 B. A borough department that receives a request to inspect or provide a copy of a borough 188 record shall respond as follows: If the borough record is subject to inspection under this chapter 189 and is readily available, the borough department shall permit the requester to inspect the 190 borough record, and provide the requester with a copy of the borough record, at the time the 191 request is made. 192 1. If the requested borough record is subject to inspection under this chapter but either 193 the borough record is not immediately available, or staff resources of the borough department 194 are not sufficient to respond to the request when it is made, the borough clerk shall provide the 195 borough record for inspection or provide a copy of the record as requested within ten business 196 days after receiving the request. 197 2. If the borough clerk must determine whether the borough record is subject to 198 inspection under this chapter, within ten business days after receiving the request, the borough 199 clerk shall make that determination, and at that time either: 200 a. Provide the borough record for inspection or provide a copy of the record as 201 requested; or 202 b. State in writing that the borough record is not subject to inspection, including a 203 citation to the provision of borough, state, or federal law that authorizes or requires the 204 withholding of the borough record from inspection. 205 C. The borough clerk may extend the initial ten business -day period established under 206 subsection B of this section for a period not to exceed ten additional business days by providing 207 notice to the requester within the initial ten business -day period. The notice must state the 208 reason for the extension and the date by which the borough department expects to be able to 209 furnish the requested record or to issue a determination that the record is not subject to 210 disclosure. 211 212 2.40.040 Charges and fees for records. 213 A. Except as otherwise provided in this section, the fee for copying public records may not 214 exceed the standard unit cost of duplication established by the borough and per the fee 215 schedule. The resolution may also contain a separate fee for providing electronically - generated Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 4 of 12 216 public records, to be based on recovery of the actual incremental costs of providing the 217 electronic record. 218 B. If the production of records for one requester or the agent of a requester in a calendar 219 month exceeds five person hours, the borough shall require the requester to pay the personnel 220 costs required during the month to complete the search and copying tasks. The personnel costs 221 may not exceed the actual salary and benefit costs for the personnel time required to perform the 222 search and copying tasks. The requester shall pay the fee before the records are disclosed, and 223 the borough may require a deposit in advance of the search. 224 C. Any fee may be reduced or waived by the clerk if it is determined that the reduction or 225 waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among 226 persons who are similarly situated. The borough shall waive a fee of five dollars or less. 227 228 2.40.050 Certified copies of records. 229 The clerk shall give, on request and payment of costs, a certified copy of any public record 230 required to be disclosed under the Kodiak Island Borough Code. A fee may be charged for 231 certified copies set in accordance with the currently approved Kodiak Island Borough fee 232 schedule. 233 234 2.40.060 Compilation or creation of records. 235 Kodiak Island Borough Code shall not require the borough to create records, compile, 236 summarize, outline or in any other way create information from existing public records. In those 237 instances where the borough employee who is the custodian of the record determines that the 238 borough has the requisite resources to compile or create records to comply with a request for 239 information, the borough may charge the requester with the costs of such compilation or 240 summary, which costs shall be set in accordance with the currently approved fee schedule 241 resolution. 242 243 2.40.070 Personal and proprietary records available for public disclosure. 244 A. If the borough employee who is custodian of a record that is subject to public disclosure 245 considers all or a portion of the information requested to be of a sensitive personal or proprietary 246 nature, the employee may attempt to notify the person who is the subject of the record or person 247 who may be concerned with its pending release. Failure to notify shall not be grounds for action 248 against the borough or its employees. 249 B. If an objection to release the record is filed, the borough shall delay the release of the 250 record for at least five working days in order to provide time for the objecting party to seek 251 appropriate restrictions or release of any portions of the record. 252 253 2.40.080 Notice regarding personal information 254 A. When a department of the borough requests personal information that may be included in 255 a public record directly from the person who is the subject of the information, that department 256 shall give the person a written notice at the time of the request that states: 257 1. The name and address of the department; 258 2. The citation of the statute, regulation, or code section that authorizes the department 259 to request the information; 260 3. A statement indicating whether the person is required to supply the information; 261 4. The consequences to the person, if any, of not providing all or part of the requested 262 information; 263 5. A statement of the department's anticipated uses of the information, including the 264 department's internal uses of the information and disclosure of the information to other 265 departments; 266 6. The fact that the information may be subject to inspection and copying under this 267 chapter; and 268 7. A statement summarizing how a person may challenge under KIBC 2.40.090 the 269 accuracy or completeness of personal information maintained by the department. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 5 of 12 270 B. A department may provide the written notice required under (A) of this section by 271 1. Placing the notice on the form used to request the information from the person; 272 2. Giving the person the notice on a separate sheet that accompanies the form used to 273 request the information from the person; 274 3. Giving the person a statement in a pamphlet, booklet, manual, or other printed matter 275 at the time the information on the person is requested; or 276 4 Prominently posting a sign containing the notice in a prominent location so that the 277 sign can be easily observed and read by the person at the time the information is requested. 278 C. This section does not apply to a request for information on a person if: 279 1. The request is made by a peace officer; in this paragraph, "peace officer" has the 280 meaning given in AS 01.10.060; 281 2. The person is the department's employee; 282 3. The information is related to litigation; or 283 4. The information is being collected by a public agency when investigating a possible 284 violation of law. 285 286 2.40.090 Information accuracy and completeness. 287 A. A person who is the subject of personal information that is maintained by a department 288 and subject to public disclosure under this chapter may challenge the accuracy or completeness 289 of the personal information. 290 B. To challenge the accuracy or completeness of personal information under (A) of this 291 section, the person must file with the department a written request that the personal information 292 be changed. The request must provide: 293 1. A description of the challenged personal information; 294 2. The changes necessary to make the personal information accurate or complete; and 295 3. The person's name and the address where the department may contact the person. 296 C. Within 30 days after receiving a written request made under (B) of this section, the 297 department may request verification of the disputed personal information from the person who 298 made the request. 299 D. Within 30 days after receiving the written request under (B) of this section or the 300 verification under (C) of this section, the department shall review the request and 301 1. Change the personal information according to the request and notify the person in 302 writing of the change; or 303 2. Deny the request and notify the person in writing of the reasons for the decision and 304 the name, title, and business address of the person who denied the request. 305 E. If a request is denied under (D) of this section, the person may provide to the department 306 a concise written statement that states the person's reasons for disagreeing with the decision. 307 The department shall maintain in its records the request made under (B) of this section and the 308 statement provided by the person under this subsection. On all of the department's records that 309 contain the disputed information, the department shall clearly note which portions of the records 310 are disputed. If the record is in electronic form, the department may note the dispute in one field 311 of the electronic form and maintain the other information about the dispute in paper form. 312 F. This section does not apply to criminal intelligence or criminal investigative records, 313 criminal justice information under AS 12.62, borough personnel or retirement system records, or 314 records of applicants for employment with the borough. 315 316 2.40.100 Exemptions for particular records. 317 A. This chapter shall not be construed to require disclosure of: 318 1. Communication between the borough and the attorney's office which are subject to 319 the attorney /client privilege; 320 2. Borough personnel records, including employment applications and examination and 321 other assessment materials; 322 3. The following information is available for public inspection, subject to reasonable 323 regulations on the time and manner of inspection: Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 6 of 12 324 a. The names and position titles of all borough employees; 325 b. The position held by a borough employee; 326 c. Prior positions held by a borough employee; 327 d. Whether a borough employee is in a collective bargaining unit; 328 e. The dates of appointment and separation of a borough employee; and 329 f. The compensation authorized for a borough employee. 330 4. A borough employee has the right to examine the employee's own personnel files and 331 may authorize others to examine those files. 332 5. Appraisals prepared by the borough assessor used in property negotiations during 333 such negotiations; 334 6. Proprietary software programs; 335 7. Records required to be kept confidential by a federal law or regulation or by state law 336 or by borough law; and 337 8. Records which are pre - decisional and deliberative under Alaska law. 338 339 2.40.110 Denial of request, appeal. 340 A. If the borough employee who is the custodian of a record considers the information 341 requested to be confidential pursuant to applicable federal, state, or borough law, within ten 342 working days of receiving the request shall prepare and provide the requester a written 343 statement setting forth the following information: 344 1. Date; 345 2. Item of information requested; 346 3. The specific provision of applicable state, federal, or borough law exempting the 347 requested information from disclosure; 348 4. The title and signature of the employee withholding the information; and 349 5. The right of the requester to appeal the decision pursuant to subsection B below. 350 B. In the event a party is denied access to requested information under the provisions of 351 subsection A of this section, the person may submit a written appeal to the borough manager. 352 Within ten working days of receiving the appeal, the borough manager shall issue a written 353 response to the requester, either granting or denying the appeal and notifying the requester of 354 the right to appeal the decision to the borough assembly which shall be the final and binding 355 authority. 356 357 2.40.120 Records management program creation and administration. 358 The clerk shall establish and maintain a borough records management program, adopted by 359 resolution, which shall include the retention schedule and procedure for inventory, storage, and 360 destruction of records. 361 A. The program objectives shall be to: 362 1. Provide coordination between departments on all phases of the records management 363 program; and 364 2. Facilitate exchange of ideas on all aspects of records management among 365 departments to permit savings through more uniform and efficient paperwork techniques. 366 367 2.40.130 Ownership of records. 368 A. All borough records are property of the borough. Unless otherwise permitted or required 369 by law, no person may: 370 1. Deface, alter, or destroy a borough record; 371 2. Remove a borough record from the borough's possession; 372 3. Disclose confidential information of a borough record; or 373 4. Except for a borough official or employee in the course of performing official duties, 374 inspect or copy confidential information in a borough record. 375 B. In addition to any other penalty provided by law, violation of subsection A of this section 376 by a borough employee may be cause for disciplinary action. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 7 of 12 377 C. No borough official or employee has, by virtue of the official or employee's position, any 378 personal or property right to such records even though the official or employee develop or 379 compile them. 380 D. All borough records shall be and remain the properties of the borough and may not be 381 removed, destroyed, or disposed of, except as provided in this chapter. They shall be delivered 382 by outgoing officials and employees to their successors and shall be preserved, stored, 383 transferred, and otherwise managed, only in accordance with the provisions of this chapter or as 384 otherwise provided for by law. 385 E. The borough may initiate a civil action to recover records unlawfully removed from 386 borough possession. 387 388 2.40.140 Records management roles and responsibilities: 389 A. Accountability. The overall accountability for the borough records management program 390 lies with the clerk. 391 B. Responsibilities. 392 1. Borough assembly: 393 a. Executive body that endorses the principles of efficient records management for 394 borough public records kept in accordance with state law. The records management program 395 includes the systematic control of records from their creation or receipt, through their processing, 396 distribution, organization, storage, and retrieval to their ultimate disposition for the purpose of 397 reducing the costs and improving the efficiency of record keeping. The term includes the 398 development of records retention schedules, a uniformed record plan, the management of filing 399 and information retrieval systems, the protection of essential and permanent records, the 400 economical and space- effective storage of inactive records, the management of micrographics 401 and electronic and other records storage systems, and the development of policies and 402 procedures to implement the program; 403 b. Approve borough records retention schedules and any amendments; and 404 c. Authorize, by resolution, the periodic disposal of the records to be destroyed. 405 2. Borough manager: 406 a. Ensure that all departments comply with the records management program; and 407 b. Approve the records management policies and procedures as prepared by the 408 clerk. 409 3. Borough clerk: 410 a. Assigned by the assembly to provide central leadership and oversight of the 411 records management program per AS 29.20.380 and KIBC 2.50.020; and 412 b. Prepare and approve the records management policies and procedures. 413 4. Department heads: The head of each borough department is responsible for: 414 a. Designating a departmental records management coordinator who shall represent 415 the department on the borough records management team; 416 b. Implementing and ensuring compliance with the records management program 417 within the department according to the borough standards, policies, and best practices; 418 c. Establishing and maintaining file systems in compliance with prescribed standards 419 and procedures; 420 d. The preparation and periodic revision of a departmental records retention schedule 421 which shall be submitted to the records management team; 422 e. The physical inventory of all records created and maintained in their own 423 department; and 424 f. The preparation of inactive records for micrographic conversion and /or for 425 relocation to the records storage area. 426 5. Borough Attorney: 427 a. Review retention schedules for legal compliance and sign off destruction of 428 borough records; and Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 8 of 12 429 b. Responsible for notifying borough manager and clerk's office of litigation holds and 430 releases for borough records upon potential suspicion of litigation, or subpoena of 431 borough records. 432 6. Deputy clerk as records management team leader: 433 a. Prepares and administers the records management policies and procedures 434 according to the deputy clerk's job description; and 435 b. Works with the records management team to fulfill its roles and responsibilities. 436 7. Records management team members: 437 a. Assess and evaluate the borough records management program and systems in 438 place. Identify the records management needs, prioritize those needs, and provide 439 support for the total records management program; 440 b. Review recommended retention schedules submitted by borough departments 441 and forward recommended retention to the assembly for adoption; 442 c. Responsible for providing coordination between the records management team 443 and personnel in their department to ensure compliance with the provisions of the records 444 management program. They are also responsible for maintaining their department 445 records, both active and inactive for the life cycle of the record; and 446 d. Serve as the spokesperson for the records program for their department and shall 447 inform their department of any changes in policies and procedures. 448 8. Borough employees and contracted agents: 449 a. Create, capture, and organize records of transactions undertaken in business 450 processes according to the borough's policies, procedures, and this chapter. 451 452 2.40.150 Noncurrent records not to be maintained in office files. 453 Records no longer required in the conduct of current business by any office of the borough 454 shall be promptly transferred to the records center at the time such action is designated on an 455 approved records retention schedule. Such records shall not be maintained in current office files 456 or equipment. 457 458 2.40.160 Disposal of records. 459 A. Any records to be destroyed shall be reviewed and approved by the department head 460 and clerk, and signed off by the attorney. 461 B. The assembly, by resolution, shall authorize the disposal of the records to be destroyed. 462 C. The resolution authorizing the disposal of records shall provide for the destruction of 463 records of the borough which have been found not to be of historical interest nor to have a legal 464 or administrative value; permanent but non - historical and have been microfilmed; or not of a 465 historical, legal, or administrative value. Records may also be disposed of by returning them to 466 the original owner. 467 D. The clerk shall dispose of the records to be destroyed in a manner determined to be 468 appropriate. 469 E. Upon disposal, the clerk shall file in the clerk's office, a descriptive list of the records 470 disposed of and microfilmed. 471 472 2.40.170 Micrographic program established. 473 The assembly, in the resolution as to the record retention schedule, may authorize the 474 substitution of microfilmed copies or optical disc imaged copies for any original records, including 475 records to be periodically disposed of, and the disposal of these original records once 476 microfilmed. Records pertaining to any claim and demand by the borough or against it, or any 477 account in which the borough is concerned, either as a debtor or creditor, shall not be destroyed 478 until the claim, demand, or account has been settled and adjusted. A reproduction, print, or 479 enlargement from an authorized microfilm copy of an original record shall be considered as an 480 original record for all purposes, including the introduction in evidence in any court or other legal 481 or administrative proceedings. When microfilmed, the original records may be destroyed or 482 otherwise. A centralized micrographic program may be designed and implemented by the clerk Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 9 of 12 483 to serve all borough offices and departments. No office or department shall operate a separate 484 micrographic program, and no borough funds may be expended to film, or to contract with a 485 service company to film, any borough records, except through the clerk's office. 486 487 2.40.180 Micrographic standards. 488 Microfilm used for archival or security purposes must meet or exceed the technical standards 489 for quality, density, resolution, and definition of the American National Standards Institute (ANSI) 490 as required by law. The master negatives of such film shall not be used for making use copies 491 and shall be stored off -site. Microfilm records must be indexed. The clerk shall periodically 492 check and certify that a microform record is a true and accurate duplication of the original record. 493 494 2.40.190 Alteration and replacement of public records. 495 A. An original public record that is worn or damaged may be replaced by a reproduction that 496 produces a clear, accurate, and long -term copy or reproduction of the original record. 497 Certification by the clerk that the replacement is a correct copy of the original shall appear at the 498 end of the reproduction. When original public records are photographed or otherwise 499 mechanically reproduced under the provisions of this chapter and the reproduction is placed in 500 conveniently accessible files and provisions are made for preserving and using them, the original 501 records from which they were made may be destroyed as provided by this chapter. 502 B. Reproductions or replacements of records made under this chapter are considered 503 original records for all purposes and are admissible in evidence as original records. 504 505 2.40.200 Audit. 506 A. All borough employees are required to use the records management program established 507 and supervised by the clerk. 508 B. Periodic audits will be conducted of the records management program by a certified 509 records management consultant. The overall purpose of the records management audit is to 510 provide information about the efficiency and effectiveness of the records management program 511 as a whole and of the individual functions that make up the system. Providing this information to 512 the assembly and the appropriate people is the purpose of the audit. 513 C. Analysis from the audit will be forwarded to the assembly for further action. 514 D. The records management team leader will report to the assembly upon receipt of the 515 audit the records management progress in each department including summaries of the 516 statistical and fiscal data compiled. 517 518 2.40.210 Definitions. 519 Unless the context otherwise requires: 520 A. "Borough" means any department, division, board, commission, employee, official, 521 appointee, volunteer, or private contractor that has custody of public records. 522 B. "Certified copy" means a copy of a document certified as correct by the clerk. 523 C. "Clerk" means the borough clerk or any properly authorized assistant or designee. 524 D. "Confidential information" means information whose disclosure is restricted by a borough, 525 state, or federal statute, ordinance, regulation, rule, or judicial decision. 526 E. "Disposition" means either the transfer of inactive records to the records center or the 527 disposal of noncurrent records by destruction. 528 F. "Historical record" means those public records that are retained for purposes of history 529 and not necessarily for business purposes. 530 G. "Microform" means the format in which microfilm is generated. It may be a roll, cartridge, 531 jacket, fiche, or an aperture card. 532 H. "Micrographic" means the use of various forms of microfilm in the management of records 533 and information. 534 I. "Physical inventory" means a complete listing of file contents by record or record series, 535 together with sufficient supporting data to enable a proper evaluation for determining retention 536 periods. Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 10 of 12 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 J. "Proprietary information" means information regarding techniques, methods, strategies, or other unique data in which a valuable property interest may be established or which may be used by one person or entity for a competitive advantage. K. "Public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristic, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; "public records" does not include proprietary software programs. L. "Records" means any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by the borough, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities the borough or because of the informational value in them. The term does not include library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, extra copies of documents preserved solely for convenience of reference, or stocks of publications and processed documents. M. "Record series" means a group of related records which are normally used and filed as a unit and which permit evaluation as a unit for retention scheduling purposes, a "record series" may contain both forms and correspondence. N. "Retention period" means the period of time established in accordance with statutory or other requirements which must elapse before disposition may be made of records. O. "Vital records" means those public records necessary to assure continuance of essential governmental operations to protect the legal and financial operation of the borough in the event of disaster or catastrophic loss of the borough's records. Section 3: The Kodiak Island Borough Code of Ordinances Chapter 2.50 is hereby amended as follows: Chapter 2.50 BOROUGH CLERK Sections: 2.50.010 2.50.020 2.50.030 2.50.040 Borough clerk. Duties. Deputy clerk — Appointment. Deputy clerk — Duties. 2.50.010 Borough clerk. The clerk shall be appointed by the assembly and serves at its pleasure. 2.50.020 Duties. The following are some of the duties performed by the clerk according to this chapter and AS 29.20.380: A. Give notice of the time and place of meetings; B. Attend regular and special meetings of the assembly and record and maintain the minutes of these meetings; C. Arrange publication of notices and all other items in accordance with this code and state statutes; D. Maintain and make available for public incpoction all records, filcs, ordinances, Responsible for ensuring proper management of municipal records as provided in KIBC 2.40; Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 11 of 12 591 E. Attest deeds, the mayor's signature and the manager's signature on all contracts to which 592 the borough is a party, and other documents as needed. For purposes of this section, "contract" 593 shall mean any contract, agreement, memorandum of understanding, or letter of intent which 594 sets out the rights, duties, and obligations of the parties thereto; 595 F. Chief administrator of borough elections and has full responsibility for all phases of 596 borough elections up to and including preparation of the final results to be submitted to the 597 assembly for election certification; and 598 G. Perform other duties as specified in other sections of this code and AS Title 29 or as 599 prescribed by the assembly. 600 601 Section 4: The Kodiak Island Borough Code of Ordinances, Chapter 2.50 is hereby amended 602 as follows: 603 604 Chapter 2.55 605 ENGINEERING AND FACILITIES DEPARTMENT 606 607 Sections: 608 2.55.010 Engineering and facilities department director. 609 610 2.55.010 Engineering and facilities department director. 611 The manager shall appoint an engineering and facilities department director who shall 612 maintain records per KIBC 2.40, administer design and inspection of vertical construction, 613 coordinate supervision and inspection of village construction, administer grants at local and 614 village levels, and perform other duties as prescribed by the manager or by resolution of the 615 assembly. The director shall also administer the borough subdivision regulations, maintain 616 engineering records per KIBC 2.40 and documents, administer design and inspection of all 617 horizontal construction, provide administration and operation for water and solid waste disposal, 618 administer local service roads and trails programs, and perform other duties as prescribed by the 619 manager and by resolution of the assembly. 620 621 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 622 THIS DAY OF 2009 623 624 625 KODIAK ISLAND BOROUGH 626 627 628 629 Jerome M. Selby, Borough Mayor 630 631 ATTEST: 632 633 634 635 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 12 of 12 588 589 CORRECTED VERSION 590 591 592 593 594 595 596 597 598 599 600 601 602 603 D. Maintain and make availablo for public inspection all rocords, files, ordinances, Responsible for eEnsureirlg proper management of municipal records as provided in KIBC 2.40; E. Attest deeds, the mayor's signature and the manager's signature on all contracts to which the borough is a party, and other documents as needed. For purposes of this section, "contract" shall mean any contract, agreement, memorandum of understanding, or letter of intent which sets out the rights, duties, and obligations of the parties thereto; F. Chief eAdministerrator of borough elections and has full responsibility for all phases of borough elections up to and including preparation of the final results to be submitted to the assembly for election certification; and G. Perform other duties as specified in other sections of this code and AS Title 29 or as prescribed by the assembly. 604 Section 4: The Kodiak Island Borough Code of Ordinances, Chapter 2.50 is hereby amended 605 as follows: 606 607 Chapter 2.55 608 ENGINEERING AND FACILITIES DEPARTMENT 609 610 Sections: 611 2.55.010 Engineering and facilities department director. 612 613 2.55.010 Engineering and facilities department director. 614 The manager shall appoint an engineering and facilities department director who shall 615 maintain records per KIBC 2.40, administer design and inspection of vertical construction, 616 coordinate supervision and inspection of village construction, administer grants at local and 617 village levels, and perform other duties as prescribed by the manager or by resolution of the 618 assembly. The director shall also administer the borough subdivision regulations, maintain 619 engineering records per KIBC 2.40 and documents, administer design and inspection of all 620 horizontal construction, provide administration and operation for water and solid waste disposal, 621 administer local service roads and trails programs, and perform other duties as prescribed by the 622 manager and by resolution of the assembly. 623 624 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 625 THIS DAY OF 2009 626 627 628 KODIAK ISLAND BOROUGH 629 630 631 632 Jerome M. Selby, Borough Mayor 633 634 ATTEST: 635 636 637 638 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2010 -02 Page 12 of 12 APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 2, 2009 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Confirmation of Mayoral Appointment to the Planning and Zoning Commission. SUMMARY: There is currently one vacancy on the Planning and Zoning Commission. An application for the borough seat was received from Ms. Lori Ryser for a term to expire December 31, 2011. 2.105.010 Created — Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Ms. Lori Ryser to the Planning and Zoning Commission for a term to expire December 2011. Jessica Kilborn From: support@civicplus.com Sent: Sunday, June 21, 2009 2:09 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Planning and Zoning Commission Name:: Lori Ryser Home Address:: 3365 Balika Lane Home Phone Number:: 907 - 486 -5490 Mailing Address:: PO Box 8908 Business Phone Number:: 907 - 486 -1829 Occupation:: Accounting Tech & Bookkeeper Email Address:: rlrvser@gci.net Length of Residency in Kodiak:: 30 years Are you a registered voter:: Yes High School:: Kodiak High College:: Kodiak Community College Trade or Business School:: SST Travel School Hobbies:: All types of outdoor activities (camping, hiking, ATV riding) and spending time with my family Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Two -year board member for Chamber of Commerce Please list organization memberships and positions held:: Chamber of Commerce board member for two years. Soroptimist member for four years. 1 Alaska State Employees Association Union member for seven years. Served on the board as secretary for three years and treasurer for two years. Alaska Public Employees Association union member for one year. Please List Areas of Special Interest: I have a special interest in the health of my family and the health of my community. I am interested in the community of Kodiak and want our community to grow and prosper. As a citizen of Kodiak I feel by being on the Planning and Zoning Commission I would have an opportunity to offer my services to the community. Please Enter Basic Resume Information Below: EDUCATION 1985 Kodiak High School, Kodiak, Alaska 1988 SST Travel School, Anchorage, Alaska Currently enrolled at Kodiak College, University of Alaska Anchorage. QUALIFICATIONS Excellent human relations skills. Professional approach interacting with a diverse staff. Excellent ability to organize, prioritize, and coordinate duties under deadlines. Responds quickly and cooperatively when given instructions. Enjoys problem solving and have the ability to make a decision quickly. Excellent ability to assist with reviewing correspondence and reports, ensuring correct use of grammar, vocabulary, spelling, and punctuation. Proficient in operating a computer including word processing, spreadsheets, database management, and Internet research. Proficient in operating and maintaining business office equipment. Type 40+ words per minute and operate a 10 -key calculator by touch. Excellent ability to work under pressure and stay on task. EXPERIENCE Public Relations /Customer Service Advised people of best travel options over telephone and in person. Researched and advised customers of appropriate books and materials to buy for themselves and /or family. Advise fishermen of regulations and assist with filling out registrations and permit applications. Advise co- workers of all procurement regulations and accounting practices. Update Standard Operating Procedures. Organization /Promotion Supervised, organized and maintained a work schedule for up to 12 employees. Owned and operated own business. Developed own filing system and maintained budget, accounts payable, accounts receivable, and payroll. Organized advertising and promotions. Organized and maintained electronic and paper files in an office of seven co- workers. Maintained an extensive e-mail list to advise the public of fishery updates and closures. Training /Writing Trained and instructed co- workers and new employees how to advance in their position. Wrote and presented training examples and scenarios. 2 Composed airline contracts and presented them to clients /customers. Provide assistance in composing correspondence and communicating with a diverse staff. Networking /Problem Solving Advised people with ticket and reservation problems of what to do and who to call. Researched and assembled data for old airline fares for billing airline tickets. Partnered with a bookstore to offer more inventories to customers. Work on a computer network system at Fish and Game. Assisted co- workers with solving formatting problems in Microsoft Word and Excel. EMPLOYMENT September 2006 - Present, Accounting Techician II, Department of Fish & Game March 2008 - Present, Bookkeeper, Golden Alaska Excavating July 2002 - September 2006, Administrative Clerk II, Department of Fish & Game August 1993 - July 2002 Supervisor /CSA /Sales Representative, Era Aviation February 1998 - February 2002 Owner /Operator, Jubilee Christian Store Additional Information: Form submitted on: 6/21/2009 2:08:44 PM Submitted from IP Address: 65.74.83.193 Form Address: http: / /www.kodiakak.us /forms.aspx ?FID =72 3 NAME Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 William Kersch (C) 1812 Mission Road Kodiak, AK 99615 David King (B) (Chair) PO Box 3634 Kodiak, AK 99615 Alan Torres (B) 2746 E. Rezanof Dr. Kodiak, AK 99615 Jennifer Vickstrom (C) PO Box 318 Kodiak, AK 99615 Brent Watkins (C) 307 Childs Drive Kodiak, AK 99615 Vacant B= Borough Seat C =City Seat KODIAK ISLAND BOROUGH TERM HOME WORK PHONE PHONE 2009 487 -4055 487 -2125 2009 486 -4854 2009 481 -2930 2010 486 -0217 486 -9345 2011 486 -7622 486 -4804 2010 486 -1717 2011 This commission is governed by Kodiak Island Borough Code 2.105 OMMISSION CELL PHONE 715- 475 -8336 486 -9363 486 -9363 486 -9363 bcassidvta kodiakak.us ddvorakekodiakak.us ssmithAkodiakak.us EMAIL cianz ptialaska.net williamuspsavahoo.com (H)dkingak(csgci. net (W)david kingafws.gov arii.torres iennvvic68 brentski22@vahoo.com Revision Date: 6/10/2009 Revised by: JK KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: ifI oJ Please PRINT your name Please PRINT your name N)/ c K [roxe at,14 BY: SECOND: oe „,„, BY: tr(/k" `a) SECOND: �r� , Qe ,\, BY: bli SECOND: ��.� ,A6iosk C..4 Of b(a,n'�V'V SECOND: � C) I ,A56 BY: i(Qtelot It) S ECO ND: bfaa` ,,\,,t,t, YDS \,,,0 0-- YES NO YES NO YES NO YES NO YES NO Ms. Branson ✓ Ms. Branson Ms. Branson Ms. Branson ✓ Ms. Branson v Mr. Friend V Mr. Friend Mr. Friend Mr. Friend V Mr. Friend t, /v Ms. Fulp ✓ Ms. Fulp Ms. Fulp Ms. Fulp 1/ Ms. Fulp -M3. Jcffrcy Us -Jeffrey Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan V Mr. Kaplan ✓ Ms. Lynch i Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch V Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: 6 t7 TOTAL: (Q 0 The mayor may not v to 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 V Special Convened: 11 r ►M • KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: (1 I on) 0 9 Adjourned: Regular /Special 9 Convened: t fC\P-Cilk) SECOND: "it BY: Ms. Branson Mr. Friend Ms. Fulp .c. Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YE NO BY: -T-0 SECOND: JIa \P Ms. Branson Mr. Friend Ms. Fulp ",As— de#re•• a� JPffra�� Mr. Kaplan t Ms. Lynch Ms. Stutes Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I "2° Date: 1 O 0-10 Adjourned: •' YES NO BY: tray U'\J SECOND: Ms. Branson Mr. Friend Ms. Fulp Mr. Kaplan Ms. Lynch N, Ms. Stutes Mayor Selby 1 5, YE v q‘' (511?.)111-N- Tg NO BY: 6 T/VIVC:if 0 111 1 5 134)— D \ic Soo 0 &US Ms. Branson Mr. Friend Ms. Fulp Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YES v v s NO TOTAL: CQ 0 BY: l& SECOND: �, • i ('� llJ� p (Yul Ms. Branson Mr. Friend Ms. Fulp Ms-Jaffrey Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YES NO io VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? VERIFY: DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL: (0 0 TOTAL: 0 TOTAL: Le V TOTAL: r n 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. Kodiak Island Borough Assembly Regular Meeting Guidelines July 2, 2009, 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 any Assembly member Jeffrey who is out due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of May 7, 2009 and May 21, 2009. *Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development *Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Sanding, and Small Projects under $15,000 for KIB Facilities and G *Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Sanding for Bayview Road Service Area. *Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Sanding for Monashka Bay Road Service Area. *Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. *Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. *Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. *Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of May 7, 2009 and May 21, 2009. 6. AWARDS AND PRESENTATIONS A. Proclamation — "United We Serve" Campaign — Mayor Selby Project. Removal and rounds. Removal and Removal and Kodiak Island Borough Assembly Guidelines July 2, 2009 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). Clerk's note: There were no public hearing notices returned. Recommended motion: Move to voice non - protest to State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). Staff report — Clerk Javier Open public hearing. 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. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. Recommended motion: Move to postpone Ordinance No. 2009 -01E to the next regular meeting of the Assembly. Staff report — Manager Gifford ROLL CALL VOTE ON MAIN MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. Kodiak Island Borough Assembly Guidelines July 2, 2009 Page 2 2. *Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. 3. *Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal, and Sanding for Bayview Road Service Area. 4. *Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal, and Sanding for Monashka Bay Road Service Area. 5. *Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal, and Sanding for Service Area No. 1. 6. *Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal, and Sanding for Womens Bay Service Area. B. Resolutions 1. *Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 2. *Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program. C. Ordinances for Introduction 1. Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. Clerk's note: A copy of the Assembly's changes to the ordinance are attached to the guidelines. Copies have been made available to the public. Recommended motion: Move to adopt Ordinance No. FY2010 -02 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 2, 2009 Page 3 D. Other Items 1. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. Recommended motion: Move to confirm the mayoral appointment of Ms. Lori Ryser to the Planning and Zoning Commission for a term to expire December 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 14. CITIZENS' 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 Borough offices will be closed Friday, July 3, 2009 in observance of the Fourth of July holiday. The Assembly will meet in a special meeting and work session on Thursday, July 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, July 16, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. Please invite the Assembly members and Manager to join in executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. Kodiak Island Borough Assembly Guidelines July 2, 2009 Page 4 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines Page 5 July 2, 2009