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2009-07-16 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 16, 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 member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. 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. B. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. Contract No. FY2010 -09 Providence Kodiak Island Counseling Center Services to KIB School District for School Year 2009 -2010. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 2. *Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. 3. Contract No. FY2010 -10 Recycling Contract with Threshold Services Inc. B. Resolutions 1. Resolution No. FY2010 -03 Approving Fiscal Year 2010 Kodiak Island Borough Non - Profit Funding. 2. *Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development Association. C. Ordinances for Introduction 1. Ordinance No. FY2010 -03 Authorizing The Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $76,310,000 To Finance The Planning, Design And Construction Of School And Related Capital Improvements In The Borough Including Without Limitation The Reconstruction And Renovation Of The Kodiak High School, And To Submit The Question Of The Issuance Of Such Bonds To The Qualified Voters Of The Borough At The October 6, 2009 Regular Borough Election. 2. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. D. Other Items — None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Monashka Bay Road Service Area Board Regular Meeting of March 5, 2009. 2. Planning and Zoning Commission Regular Meeting of May 20, 2009 3. Service Area No I Board Regular Meeting of May 5, 2009. B. Reports 1. Kodiak Island Borough June 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 SUBSTITUTED AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING TITLE: VERSION ITEM NO: 9.A 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: • 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 $-Q-1,909 $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 $50,000$70,000. • 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. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 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. • The Borough is being reimbursed $3,236,143 by the State for the Borough's Seismic protects, the proceeds of which can be used for other Borough projects. FISCAL NOTES: See attached schedule of amendments. Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to • dopt Ordinance No. FY2009 -01E. 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 Amended: 4 Adopted: 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 $50,009$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 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 WHEREAS, the Borough is being reimbursed $3,236,143 by the State for the Borough's 62 Seismic projects; and 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 65 BOROUGH THAT: 66 67 Section 1: This budget is not of a general application and shall not be codified. 68 69 Section 2: The FY2009 budget will be amended per the attached nine page schedule. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS DAY OF 2009 73 74 75 76 77 78 79 80 Jerome M. Selby, Borough Mayor 81 82 ATTEST: 83 84 85 86 87 Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2009 -01 E Page 2 of 2 FY0009-01D Revised As of Difference Budget 4/30 /2009 % FY0009 -01 E Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,149,500 9,149,646 (146) 100% 9,149,500 Boat & Motor Vehicle Tax 276,000 207,451 68,549 75% 276,000 Payment in Lieu of Taxes 1,313,000 494,803 818,197 38% 1,313,000 Severance Taxes 1,488,213 940,586 547,627 63% 1,488,213 Penalties & Int on tax 200,000 115,858 84,142 58% 200,000 Licenses and Permits 91,250 58,134 33,116 64% 91,250 Federal Shared Revenue 350,075 2,727 347,348 1% 350,075 Temporary Fiscal Relief 777,477 777,571 (94) 100% 777,477 Raw Fish Tax 1,297,000 1,369,086 (72,086) 106% 1,297,000 Raw Fish Tax - Offshore 50,000 - 50,000 0% 50,000 Other State Revenue 26,000 - 26,000 0% 26,000 Fines 500 700 (200) 140% 500 Interest Eamings 300,000 256,221 43,779 85% 300,000 Miscellaneous 25,500 92,545 (67,045) 363% 67,000 92,500 Use of Fund Balance 749,169 - 749,169 0% 121,000 870,169 Sale of Fixed Assets 1,569 (1,569) Transfer In - - 0% Total 16,093,684 13,466,897 2,626,787 84% 188,000 16,281,684 Expenditures: Borough Assembly 186,440 122,295 64,145 66% 186,440 Borough Manager 362,970 298,586 64,384 82% 362,970 Borough Clerk 442,744 344,473 98,271 78% 442,744 Borough Attomey 130,000 37,703 92,297 29% 130,000 Finance Department 704,960 493,380 211,580 70% 704,960 Management Information Services 601,740 340,042 261,698 57% 601,740 Assessing Department 449,200 358,413 90,787 80% 449,200 Engineering/ Facilities Dept 165,193 126,662 38,531 77% 165,193 Community Development 758,864 447,578 311,286 59% 758,864 Building Official 153,778 45,477 108,301 30% 153,778 Economic Development 75,000 43,500 31,500 58% 75,000 General Administration 297,600 200,219 97,381 67% 297,600 Emergency Preparedness 8,800 5,690 3,110 65% 8,800 School District Support 10,783,220 9,124,756 1,658,464 85% (84,000) 10,699,220 Health and Sanitation 233,000 232,699 301 100% 233,000 Animal Control 84,125 84,125 100% 84,125 Culture and Recreation 229,600 102,207 127,393 45% 229,600 Colledge and Libraries 93,000 84,000 9,000 90% 93,000 Transfers Out 333,450 30,450 303,000 9% 272,000 605,450 Total 16,093,684 12,522,255 3,571,429 78% 188,000 16,281,684 Fund 205 Child Care Assistance Program Revenue 102,048 47,699 54,349 47% 102,048 Expenditures 102,048 83,626 18,422 82% 102,048 Fund 210 Land Sales Revenue 97,771 55,669 42,102 57% 97,771 Expenditures 97,771 15,205 82,566 16% 97,771 Ordinance No. FY2009-01E Kodiak Island Borough, Alaska Page 1 of 9 FY0009-01D FY0009 -01 E Revised As of Difference Budget Revised Budget 4/30/2009 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 476,798 (38,388) 109% - 438,410 Transfers in 185,000 185,000 100% 62,000 247,000 Use of Fund Balance 109,075 - 109,075 0% - 109,075 Total Revenues 732,485 661,798 70,687 90% 62,000 794,485 Expenditures - - Borough Building 408,985 301,670 107,315 74% 408,985 MHCApartments 30,000 3,436 26,564 11% - 30,000 School Buildings 287,500 328,347 (40,847) 114% 50,000 337,500 School Buildings Major Repairs 10,964 (10,964) 0% 12,000 12,000 Parks 6,000 7,533 (1,533) 126% - 6,000 Total Expenditures 732,485 651,950 80,535 89% 62,000 794,485 Fund 230 Coastal Management Revenues 24,000 12,938 11,062 54% Expenditures CMG Regular 24,000 16,645 7,355 69% CMG Special Project - 3,032 (3,032) Total Expenditures 24,000 19,677 4,323 82% Fund 243 Service Area No. 2 Revenues 100 144 (44) Expenditures 100 - 100 Ordinance No. FY2009 -01E Kodiak Island Borough, Alaska Page 2 of 9 24,000 24,000 24,000 Fund 234 L.E.P.C. Revenues LEPC 33,800 9,307 24,493 28% 33,800 E.O.P. Grant - - 0% - Revenues 33,800 9,307 24,493 28% 33,800 Expenditures Expenditures -LEPC 33,800 12,058 21,742 36% 33,800 Expenditures -FEMA grant - - 0% - Total Expenditures 33,800 12,058 21,742 36% 33,800 Fund 240 Womens Bay Road Service Revenues 124,057 137,299 (13,242) 111% 15,000 139,057 Expenditures 124,057 130,063 (6,006) 105% 15,000 139,057 Fund 242 Service District No. 1 Revenues 269,700 304,874 (35,174) 113% 269,700 Expenditures 269,700 81,030 188,670 30% 269,700 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,896 (306) 101% 52,590 Expenditures 52,590 48,770 3,820 93% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 7,182 (1,482) 126% 6,000 11,700 Expenditures 5,700 10,370 (4,670) 182% 6,000 11,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 449,586 (33,686) 108% 415,900 Expenditures 415,900 219,765 196,135 53% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 99,703 (3,723) 104% - 95,980 Expenditures 95,980 34,985 60,995 36% 95,980 FY0009 -01 D Revised As of Difference Budget 4/30 /2009 FY0009 -01 E Budget Revised Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 14,519 (1,449) 111% 13,070 Expenditures 13,070 13,003 67 99% 13,070 Fund 260 Woodland Acres Street Lights Revenues 8,420 8,637 (217) 103% 8,420 Expenditures 8,420 3,961 4,459 47% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,988 (68) 102% 3,920 Expenditures 3,920 1,376 2,544 35% 3,920 Fund 262 Mission Lake Tide Gate Revenues Expenditures 3,700 3,980 (280) 108% 3,700 863 2,837 23% 3,700 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 32,574 (12,514) 162% 20,060 Expenditures 20,060 7,073 12,987 35% 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 54,191 14,169 79% 68,360 Expenditures 68,360 54,774 13,586 80% 68,360 Fund 276 Facilities Fund Revenues 1,890,000 1,173,129 716,871 62% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 - 100% 185,000 Debt Service 932,000 1,150,000 (218,000) 123% 932,000 Capital Projects Fund 495 397,540 397,540 - 100% 397,540 Capital Projects Fund 430 0% Contingencies 193,410 193,410 0% 193,410 Contengencies - inflation proofing 182,050 182,050 0% 182,050 Total Expenditures 1,890,000 1,732,540 157,460 92% 1,890,000 Fund 277 Tourism Development Revenues 70,980 65,851 5,129 93% 70,980 Expenditures 70,980 55,057 15,923 78% 70,980 Fund 290 Fem Fuller Trust Revenues 75,000 13,003 61,997 17% 75,000 Expenditures 75,000 71,664 3,336 96% 75,000 Ordinance No. FY2009-01E Kodiak Island Borough, Alaska Page 3 of 9 Fund 300 Debt Service Revenues State Debt Reimbursement 2,144,617 1,648,578 496,039 77% 2,144,617 Interest Eamings 10,000 7,993 2,007 80% 10,000 Transfers in General Fund - Education 991,036 763,036 228,000 77% 991,036 General Fund - Health - Facilities Fund 932,000 1,150,000 (218,000) 123% 932,000 Hospital Fund 10,000 (10,000) #DIV /0! Bond Premium - Proceeds of long term debt 6,938,235 (6,938,235) 6,938,235 6,938,235 Use of fund balance - 0% - - Total Revenues 4,077,653 10,517,842 (6,440,189) 6,938,235 11,015,888 Expenditures Expenditures - School Debt 3,305,550 6,267,286 (2,961,736) 190% 3,514,628 6,820,178 Expenditures - Hospital Debt 765,500 4,189,207 (3,423,707) 547% 3,423,607 4,189,107 Expenditures - Karluk Loans 6,603 - 6,603 0% 6,603 Expenditures -Other Debt - 0% - Total Expenditures 4,077,653 10,456,493 (6,378,840) 256% 6,938,235 11,015,888 Fund 310 Debt Service Other Revenues 170,530 170,530 0% 170,530 Expenditures 170,530 170,530 0% 170,530 Kodiak Island Borough, Alaska FY0009 -01 D FY0009 -01 E Revised As of Difference Budget Revised Budget 4/30 /2009 % Adjustments Budget Ordinance No. FY2009 -01E Page 4 of 9 Capital Projects Fund 410 - Borough Capital Projects: FY0009 -01 D FY0009 -01 E Revised As of Difference Budget Revised Budget 4/30 /2009 % Adjustments Budget Revenues: Interest Eamings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 545,508 545,508 0% 545,508 State Seismic Reimbursement 0% 3,236,143 3,236,143 Miscellaneous 0% - - Total Revenues 890,076 890,076 0% 3,236,143 4,126,219 Operating Transfers In: General Fund 427,352 427,352 0% 427,352 Building and Grounds Fund 50,000 50,000 0% 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Fund 310 160,530 160,530 160,530 Fund 420 2,843,751 2,843,751 0% 2,843,751 Total Operating Transfers In 5,478,817 5,478,817 0% 5,364,817 Total Revenues 6,254,893 6,254,893 0% 3,236,143 9,491,036 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 85,242 9,428 90% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 200,721 226,079 47% 426,800 00102 Bayside Underground Electrical 22,000 22,000 0% 22,000 03105 Northstar School road/parking lot design 55,000 42,285 12,715 77% 55,000 03108 Borough Building Parking Lot 50,000 - 50,000 0% (50,000) 03106 KHS emergency generator 50,000 50,000 0% (50,000) 03109 Borough Building air handling penthouse 10,000 - 10,000 0% (10,000) 03110 Borough Building emergency generator 20,000 2,353 17,647 12% (17,647) 2,353 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05022 KMS Seismic Upgrade 410/523 2,700,000 3,344,372 (644,372) 0% 2,700,000 05023 Peterson Seismic Upgrade 684,259 717,016 (32,757) 105% 32,757 717,016 05025 High School Gym Seismic 50,000 6,186 43,814 12% 50,000 06006 Woodland Acres Paving Project - 21,458 0% - 07015 High School kitchen floor 12,323 12,323 - 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 30,000 0% (30,000) 07017 Hospital Solarium 25,000 25,000 100% 25,000 07018 HS Pool Repairs 40,000 40,000 0% (40,000) 08001 Kodiak Middle School Asbestos Abatement 182,000 131,333 50,667 72% - 182,000 08002 Main elementary Asbestous abatment 43,000 32,800 10,200 76% (10,200) 32,800 08003 HS Soil Remediation 497,000 462,176 34,824 93% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 233,050 166,950 58% 400,000 09001 Upgrade to NWS 184,530 57,605 126,925 31% 184,530 09011 Auditorium Roof - - 936,490 936,490 09012 High School Parking Lot Paving 486,486 486,486 09013 High School Fire Alarms 243,933 243,933 09014 High School Boiler Gun Units 124,800 124,800 09015 Demo Old Chiniak School 104,000 104,000 09016 Akhiok Sewer Line 72,800 72,800 09017 East Close(in place) & Replace UST 66,194 66,194 09018 Middle School Close(in place) & Replace UST 66,194 66,194 09019 Boro. Build.Power Distribution Panels 55,561 55,561 09020 Main Roof 50,059 50,059 09021 Boro. Build. Sidewalk and Handrail Repairs 43,407 43,407 09022 Boro. Build. Lighting 20,835 20,835 Transfer to Fund 420 933,009 933,009 Tranfer to Fund 430 390,000 390,000 0% - 390,000 Other Projects 104,931 104,931 0% 234,498 339,429 Total Borough Projects 6,254,893 5,496,111 758,782 88% 3,263,175 9,518,068 Ordinance No. FY2009-01E Kodiak Island Borough, Alaska Page 5 of 9 Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,633,918 0% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 0% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 0% 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 0% - 8,000,000 Tranfer in from Fund 410 - 933,009 933,009 31,986,678 31,986,678 0% 933,009 32,919,687 Projects: 03119 New Swimming Pool 14,595,000 9,627,508 4,967,492 66% - 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 92,251 2,158,883 4% 933,009 3,184,143 04102 Larsen Bay School floor repair 339,883 7,254 332,629 2% - 339,883 04103 Ouzinkie Gym renovation 2,933,305 2,809,982 123,323 96% 2,933,305 05002 Evacuation Center earthquake evaluation 500,000 326,409 173,591 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 9,460 228,458 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 617,181 111,527 85% 728,708 05012 Kodiak High School heating and ventilation 250,000 304 249,696 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 4,377 591,643 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 1,159,923 (559,923) 193% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 174,620 4,666,168 4% 4,840,788 05016 East School heating and ventilation 520,000 135,298 384,702 26% 520,000 05017 Learning Center renovation 27,467 34,851 (7,384) 127% 27,467 09004 Kodiak High School Master Plan 420 -513 104,493 (104,493) - 09005 KHS Old Pool Roof & HVAC Renovation 11,720 (11,720) KMS Seismic Upgrade, Phase II 0% Ouzinkie Sprinkler System 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 0% 88,000 Transfers to Project 05022 Fund 410 2,700,000 2,700,000 0% 2,700,000 Transfers to Project 05023 Fund 410 143,751 143,751 0% 143,751 Contingencies - - 0% - 31,986,678 15,328,149 16,658,529 48% 933,009 32,919,687 Kodiak Island Borough, Alaska FY0009 -01D FY0009 -01E Revised As of Difference Budget Revised Budget 4/30 /2009 % Adjustments Budget Ordinance No. FY2009 -01E Page 6 of 9 FY0009 -01 D Revised As of Difference Budget 4/30 /2009 FY0009 -01 E Budget Revised Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% - 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% - 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 07002Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 08006 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 08008 Near Island Fish and Game Building 950,000 950,000 0% 950,000 08009 FireSprinklers Seismic Upgrade - - 0% 08011 Non - Structural Seismic Upgrades for Kodiak Schools - MI 132,249 132,249 0% 132,249 08012 Non - Structural Seismic Upgrades for Kodiak Schools- Br 75,490 75,490 0% 75,490 08013 Road Service Area Rehab and paving 0% 2,500,000 2,500,000 08014 Areawide School Supplies & E 130,000 130,000 09002 Alaska Safe Routes to School 0% 09003 Public Safety Interoperable Communications 0% XXXXX Denali Grant 0% 125,000 125,000 XXXXX DOT Grant 0% 100,000 100,000 Transfers in from fund 410 526,350 526,350 0% - 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell-Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,657,632 10,657,632 0% 2,855,000 13,512,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 884,770 11,580 99% 896,350 02107 ADF &G Research Study 200,000 189,343 10,657 95% 200,000 03114 Coastal Impact Program 319,985 307,471 12,514 96% 319,985 05019 Homeland Security 17,733 17,733 0% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 55,825 (14,101) 134% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 642,443 (176,825) 138% 465,618 06002 Homeland Security - 0% - 06007 ADF & G Building Design 1,500,000 41,181 1,458,819 3% 1,500,000 06008 Summit Lake Trail 23,500 23,500 0% 23,500 07001 Area Wide School Equipment and Supplies 70,000 64,804 5,196 93% 70,000 07003 Island Lake Trail 48,000 3,817 44,183 8% 48,000 07004 Larsen Bay Equipment 70,000 55,258 14,742 79% 70,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07007 School District Computer Grant 70,000 - 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 - 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 14,305 85,695 14% 100,000 Ordinance No. FY2009-01E Kodiak Island Borough, Alaska Page 7 of 9 FY0009 -01 D FY0009 -01 E Revised As of Difference Budget Revised Budget 4/30 /2009 % Adjustments Budget 07010 ADF & G Near Island Facility 500,000 500,000 0% - 500,000 07011 Ouzinkie Dock Replacement 570,000 454,480 115,520 80% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 318,517 (10,173) 103% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 8,356 130,250 6% 138,606 07002 Emergency Communications and Planing 30,000 30,000 0% 30,000 08006 Area Wide School Supplies and Equipment 130,000 123,392 6,608 95% 130,000 08007 Kodiak Middle School Playground Equipment 10,000 7,765 2,235 78% 10,000 08008 Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 08009 FireSprinklers Seismic Upgrade - - 0% - 08011 Non - Structural Seismic Upgrades for Kodiak Schools - MI 132,249 132,249 0% 132,249 08012 Non - Structural Seismic Upgrades for Kodiak Schools- Br 75,490 75,490 0% 75,490 08013 Road Service Area Rehab and paving 0% 2,500,000 2,500,000 08014 Areawide School Supplies & E 130,000 130,000 09002 Alaska Safe Routes to School 0% - 09003 Public Safety Interoperable Communications 0% 225,000 225,000 XXXXX Island Wide Transportation Study 0% - - Total Expenditures 10,657,632 4,111,588 6,546,044 39% 2,855,000 13,512,632 Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 2,873,414 126,586 96% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 700,000 700,000 0% 700,000 Providence 325,000 325,000 0% 325,000 Grant 180,000 180,000 0% 180,000 From Facilities Fund 397,540 397,540 0% 397,540 Denali Commission 1,802,347 1,802,347 0% 1,802,347 Rasmusson 750,000 750,000 0% 750,000 Murdock 250,000 250,000 0% 250,000 Denali Match 125,000 125,000 0% 125,000 Kodiak Foundation 30,000 30,000 0% 30,000 Denali ANTHC 125,000 125,000 0% 125,000 USDA Loan 900,000 900,000 0% 900,000 USDA Grant 105,000 105,000 0% - 105,000 Providence 281,943 281,943 0% 281,943 From General Fund 85,000 85,000 0% 210,000 295,000 From Facilities Fund 125,000 125,000 0% - 125,000 Total Revenues 6,181,830 6,181,830 0% 210,000 6,391,830 03112 Hospital access and parking, Phase I & II 1,477,540 1,312,048 165,492 89% 210,000 1,687,540 05021 CHC architural Engineering - 250,000 3,884,036 (3,634,036) 1554% 4,087,347 4,337,347 XXXXX Care Center Design 85,000 85,000 0% - 85,000 XXXXX Foundation - new clinic 4,087,347 4,087,347 0% (4,087,347) - xxxxx Providence Leasehold Improvement 281,943 281,943 0% - 281,943 Total Expenditures 6,181,830 6,181,830 0% 210,000 6,391,830 Ordinance No. FY2009 -01E Kodiak Island Borough, Alaska Page 8 of 9 FY0009 -01 D FY0009 -01 E Revised As of Difference Budget Revised Budget 4/30 /2009 % Adjustments Budget Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection 2,850,920 2,121,926 728,994 74% 2,850,920 Waste Disposal 1,325,085 978,904 346,181 74% 1,325,085 Total Revenues 4,176,005 3,100,830 1,075,175 74% 4,176,005 Expenditures Waste Collection 1,584,200 1,155,365 428,835 73% 1,584,200 Waste Disposal 2,591,805 1,217,070 1,374,735 47% 2,591,805 Total Expenditures 4,176,005 2,372,435 1,803,570 57% 4,176,005 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings 5,330 7,012 (1,682) 132% 5,330 Providence Hospital Lease 720,000 600,000 120,000 83% 720,000 Transfer in from Fem Fuller 66,500 66,500 100% 66,500 Use of Retained Earnings 908,692 - 908,692 0% 908,692 Total Revenues 1,700,522 673,512 1,027,010 40% 1,700,522 Expenditures and Transfers: Expenditures 1,700,522 139,594 1,560,928 8% 1,700,522 Total Expenditures 1,700,522 139,594 1,560,928 8% 1,700,522 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,804 1,410,111 712,693 66% 2,122,804 Expenditures Research Facility 2,084,604 1,044,631 1,039,973 50% 2,084,604 Dorm Facility 38,200 20,662 17,538 54% 38,200 2,122,804 1,065,293 1,057,511 50% 2,122,804 Fund 560 - Telephone 911 Service Revenues 70,320 35,279 35,041 50% 70,320 Expenditures 70,320 2,992 67,328 4% 70,320 Ordinance No. FY2009-01E Kodiak Island Borough, Alaska Page 9 of 9 TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ITEM NO: 9.B 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. 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. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -02. Introduced by: Borough Clerk Requested by: Borough Clerk 1 Drafted by: Borough Clerk Introduced: 07/02/2009 2 Public Hearing: 07/16/2009 3 Adopted: 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2010 -02 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 9 TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.40 RECORDS MANAGEMENT, 10 CHAPTER 2.50 BOROUGH CLERK, SECTION 2.50.020 DUTIES, AND CHAPTER 2.55 11 ENGINEERING AND FACILITIES DEPARTMENT, SECTION 2.55.010 ENGINEERING AND 12 FACILITIES DEPARTMENT DIRECTOR 13 14 WHEREAS, the existing Records Management code was put in place in 1975 with very minor 15 changes in 1979 and 1998; and 16 17 WHEREAS, the staff determined the need to bring the Records Management code into 18 compliance with recent and existing laws and regulations; and 19 20 WHEREAS, the old KIBC 2.25.200 is being repealed in its entirety and a new Chapter 2.40 is 21 being established. The new chapter includes policies that reflect industry best practices; and 22 23 WHEREAS, staff research and proposal considered Alaska Statutes, codes from other 24 municipalities, and consultation with Borough staff; and 25 26 WHEREAS, this ordinance was also reviewed by the Borough Attorney for compliance. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall become a part of 32 the Kodiak Island Borough Code of Ordinances; 33 34 Section 2: The Kodiak Island Borough Code of Ordinances Title 2, Chapter 2.25 is hereby 35 repealed and Chapter 2.40 is hereby enacted as follows: 36 37 Title 2 38 ADMINISTRATION AND PERSONNEL 39 Chapters: 40 2.05 Bonding of Officers and Employees 41 2.10 Appointment of Officers, Commissions, and Committees 42 2.15 Personnel 43 2.20 Borough Mayor 44 2.25 Borough Assembly 45 2.30 Rules of the Assembly 46 2.35 Conflict of Interest 47 2.40 Repealed-Records Management 48 2.45 Borough Manager 49 2.50 Borough Clerk 50 2.55 Engineering and Facilities Department 51 2.60 Resource Management Officer 52 2.65 Borough Attorney 53 2.70 Finance Department Kodiak Island Borough Ordinance No. FY2010 -02 Page 1 of 12 54 2.75 Assessing Department 55 2.80 Community Development Department 56 2.85 Management Information Systems Department 57 2.90 Building Official 58 2.95 Fire Department 59 2.100 Boards, Committees, and Commissions 60 2.105 Planning and Zoning Commission 61 2.110 Emergency Services 62 2.115 Kodiak Economic Development Commission 63 2.120 Parks and Recreation Committee 64 2.125 Architectural /Engineering Review Board 65 2.130 Airport Advisory Committee 66 2.135 Arts Council Advisory Committee 67 2.140 Kodiak Area Transit System Advisory Committee 68 2.145 Solid Waste Advisory Board 69 70 Chapter 2.25 71 BOROUGH ASSEMBLY 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 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. Repealed. 2. Des#eyeli Kodiak Island Borough Ordinance No. FY2010 -02 Page 2 of 12 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 - - - -- -- •- - - - -- • - - - - • - • - At - - - • • lb lb 1098; Ord. 70 11 0, 1979; Ord. 75 2 0 §1, 1975. Formorly §2.16.200]. 140 Chapter 2.40 141 RECORDS MANAGEMENT 142 143 Sections: 144 2.40.010 Open records. 145 2.40.020 Access and inspection of records. 146 2.40.030 Request for records - response by the borough. 147 2.40.040 Charges and fees for records. 148 2.40.050 Certified copies of records. 149 2.40.060 Compilation or creation of records. 150 2.40.070 Personal and proprietary records available for public disclosure. 151 2.40.080 Notice regarding personal information. 152 2.40.090 Information accuracy and completeness. 153 2.40.100 Exemptions for particular records. 154 2.40.110 Denial or request, appeal. 155 2.40.120 Records management program creation and administration. 156 2.40.130 Ownership of records. 157 2.40.140 Records management roles and responsibilities. 158 2.40.150 Noncurrent records not to be maintained in office files. 159 2.40.160 Disposal of records. 160 2.40.170 Micrographic program established. 161 2.40.180 Micrographic standards. Kodiak Island Borough Ordinance No. FY2010 -02 Page 3 of 12 162 2.40.190 Alteration and replacement of public records. 163 2.40.200 Audit. 164 2.40.210 Definitions. 165 166 2.40.010 Open records. 167 Unless specifically provided otherwise, the public records of the borough are open to 168 inspection by the public under reasonable rules during regular office hours. The clerk or 169 employees having custody of public records shall give on request, upon payment of the fee, a 170 copy of the public record. The fee will be based on the fee schedule adopted by resolution of the 171 assembly. 172 173 2.40.020 Access and inspection of records. 174 Public records that are immediately available may be inspected at the borough office where 175 the records are kept during the regular office hours. All borough employees shall, consistent with 176 the orderly conduct of borough business, make a good faith and diligent effort to respond to 177 requests for inspection or copies of records made pursuant to the KIB Code. 178 179 2.40.030 Request for records - response by the borough. 180 A. For records that are not immediately available in the borough offices, a requester shall 181 submit a written request to inspect or obtain a copy of a borough record through the clerk's 182 office. The request shall be accompanied by the applicable fee. The clerk's office coordinates 183 with the borough department who is the custodian of the borough record. 184 B. A borough department that receives a request to inspect or provide a copy of a borough 185 record shall respond as follows: If the borough record is subject to inspection under this chapter 186 and is readily available, the borough department shall permit the requester to inspect the 187 borough record, and provide the requester with a copy of the borough record, at the time the 188 request is made. 189 1. If the requested borough record is subject to inspection under this chapter but either 190 the borough record is not immediately available, or staff resources of the borough department 191 are not sufficient to respond to the request when it is made, the borough clerk shall provide the 192 borough record for inspection or provide a copy of the record as requested within ten business 193 days after receiving the request. 194 2. If the borough clerk must determine whether the borough record is subject to 195 inspection under this chapter, within ten business days after receiving the request, the borough 196 clerk shall make that determination, and at that time either: 197 a. Provide the borough record for inspection or provide a copy of the record as 198 requested; or 199 b. State in writing that the borough record is not subject to inspection, including a 200 citation to the provision of borough, state, or federal law that authorizes or requires the 201 withholding of the borough record from inspection. 202 C. The borough clerk may extend the initial ten business -day period established under 203 subsection B of this section for a period not to exceed ten additional business days by providing 204 notice to the requester within the initial ten business -day period. The notice must state the 205 reason for the extension and the date by which the borough department expects to be able to 206 furnish the requested record or to issue a determination that the record is not subject to 207 disclosure. 208 209 2.40.040 Charges and fees for records. 210 A. Except as otherwise provided in this section, the fee for copying public records may not 211 exceed the standard unit cost of duplication established by the borough and per the fee 212 schedule. The resolution may also contain a separate fee for providing electronically - generated 213 public records, to be based on recovery of the actual incremental costs of providing the 214 electronic record. Kodiak Island Borough Ordinance No. FY2010 -02 Page 4 of 12 215 B. If the production of records for one requester or the agent of a requester in a calendar 216 month exceeds five person hours, the borough shall require the requester to pay the personnel 217 costs required during the month to complete the search and copying tasks. The personnel costs 218 may not exceed the actual salary and benefit costs for the personnel time required to perform the 219 search and copying tasks. The requester shall pay the fee before the records are disclosed, and 220 the borough may require a deposit in advance of the search. 221 C. Any fee may be reduced or waived by the clerk if it is determined that the reduction or 222 waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among 223 persons who are similarly situated. The borough shall waive a fee of five dollars or less. 224 225 2.40.050 Certified copies of records. 226 The clerk shall give, on request and payment of costs, a certified copy of any public record 227 required to be disclosed under the Kodiak Island Borough Code. A fee may be charged for 228 certified copies set in accordance with the currently approved Kodiak Island Borough fee 229 schedule. 230 231 2.40.060 Compilation or creation of records. 232 Kodiak Island Borough Code shall not require the borough to create records, compile, 233 summarize, outline or in any other way create information from existing public records. In those 234 instances where the borough employee who is the custodian of the record determines that the 235 borough has the requisite resources to compile or create records to comply with a request for 236 information, the borough may charge the requester with the costs of such compilation or 237 summary, which costs shall be set in accordance with the currently approved fee schedule 238 resolution. 239 240 2.40.070 Personal and proprietary records available for public disclosure. 241 A. If the borough employee who is custodian of a record that is subject to public disclosure 242 considers all or a portion of the information requested to be of a sensitive personal or proprietary 243 nature, the employee may attempt to notify the person who is the subject of the record or person 244 who may be concerned with its pending release. Failure to notify shall not be grounds for action 245 against the borough or its employees. 246 B. If an objection to release the record is filed, the borough shall delay the release of the 247 record for at least five working days in order to provide time for the objecting party to seek 248 appropriate restrictions or release of any portions of the record. 249 250 2.40.080 Notice regarding personal information 251 A. When a department of the borough requests personal information that may be included in 252 a public record directly from the person who is the subject of the information, that department 253 shall give the person a written notice at the time of the request that states: 254 1. The name and address of the department; 255 2. The citation of the statute, regulation, or code section that authorizes the department 256 to request the information; 257 3. A statement indicating whether the person is required to supply the information; 258 4. The consequences to the person, if any, of not providing all or part of the requested 259 information; 260 5. A statement of the department's anticipated uses of the information, including the 261 department's internal uses of the information and disclosure of the information to other 262 departments; 263 6. The fact that the information may be subject to inspection and copying under this 264 chapter; and 265 7. A statement summarizing how a person may challenge under KIBC 2.40.090 the 266 accuracy or completeness of personal information maintained by the department. 267 B. A department may provide the written notice required under (A) of this section by 268 1. Placing the notice on the form used to request the information from the person; Kodiak Island Borough Ordinance No. FY2010 -02 Page 5 of 12 269 2. Giving the person the notice on a separate sheet that accompanies the form used to 270 request the information from the person; 271 3. Giving the person a statement in a pamphlet, booklet, manual, or other printed matter 272 at the time the information on the person is requested; or 273 4 Prominently posting a sign containing the notice in a prominent location so that the 274 sign can be easily observed and read by the person at the time the information is requested. 275 C. This section does not apply to a request for information on a person if: 276 1. The request is made by a peace officer; in this paragraph, "peace officer" has the 277 meaning given in AS 01.10.060; 278 2. The person is the department's employee; 279 3. The information is related to litigation; or 280 4. The information is being collected by a public agency when investigating a possible 281 violation of law. 282 283 2.40.090 Information accuracy and completeness. 284 A. A person who is the subject of personal information that is maintained by a department 285 and subject to public disclosure under this chapter may challenge the accuracy or completeness 286 of the personal information. 287 B. To challenge the accuracy or completeness of personal information under (A) of this 288 section, the person must file with the department a written request that the personal information 289 be changed. The request must provide: 290 1. A description of the challenged personal information; 291 2. The changes necessary to make the personal information accurate or complete; and 292 3. The person's name and the address where the department may contact the person. 293 C. Within 30 days after receiving a written request made under (B) of this section, the 294 department may request verification of the disputed personal information from the person who 295 made the request. 296 D. Within 30 days after receiving the written request under (B) of this section or the 297 verification under (C) of this section, the department shall review the request and 298 1. Change the personal information according to the request and notify the person in 299 writing of the change; or 300 2. Deny the request and notify the person in writing of the reasons for the decision and 301 the name, title, and business address of the person who denied the request. 302 E. If a request is denied under (D) of this section, the person may provide to the department 303 a concise written statement that states the person's reasons for disagreeing with the decision. 304 The department shall maintain in its records the request made under (B) of this section and the 305 statement provided by the person under this subsection. On all of the department's records that 306 contain the disputed information, the department shall clearly note which portions of the records 307 are disputed. If the record is in electronic form, the department may note the dispute in one field 308 of the electronic form and maintain the other information about the dispute in paper form. 309 F. This section does not apply to criminal intelligence or criminal investigative records, 310 criminal justice information under AS 12.62, borough personnel or retirement system records, or 311 records of applicants for employment with the borough. 312 313 2.40.100 Exemptions for particular records. 314 A. This chapter shall not be construed to require disclosure of: 315 1. Communication between the borough and the attorney's office which are subject to the 316 attorney /client privilege; 317 2. Borough personnel records, including employment applications and examination and 318 other assessment materials; 319 3. The following information is available for public inspection, subject to reasonable 320 regulations on the time and manner of inspection: 321 a. The names and position titles of all borough employees; 322 b. The position held by a borough employee; Kodiak Island Borough Ordinance No. FY2010 -02 Page 6 of 12 323 c. Prior positions held by a borough employee; 324 d. Whether a borough employee is in a collective bargaining unit; 325 e. The dates of appointment and separation of a borough employee; and 326 f. The compensation authorized for a borough employee. 327 4. A borough employee has the right to examine the employee's own personnel files and 328 may authorize others to examine those files. 329 5. Appraisals prepared by the borough assessor used in property negotiations during 330 such negotiations; 331 6. Proprietary software programs; 332 7. Records required to be kept confidential by a federal law or regulation or by state law 333 or by borough law; and 334 8. Records which are pre - decisional and deliberative under Alaska law. 335 336 2.40.110 Denial of request, appeal. 337 A. If the borough employee who is the custodian of a record considers the information 338 requested to be confidential pursuant to applicable federal, state, or borough law, within ten 339 working days of receiving the request shall prepare and provide the requester a written 340 statement setting forth the following information: 341 1. Date; 342 2. Item of information requested; 343 3. The specific provision of applicable state, federal, or borough law exempting the 344 requested information from disclosure; 345 4. The title and signature of the employee withholding the information; and 346 5. The right of the requester to appeal the decision pursuant to subsection B below. 347 B. In the event a party is denied access to requested information under the provisions of 348 subsection A of this section, the person may submit a written appeal to the borough manager. 349 Within ten working days of receiving the appeal, the borough manager shall issue a written 350 response to the requester, either granting or denying the appeal and notifying the requester of 351 the right to appeal the decision to the borough assembly which shall be the final and binding 352 authority. 353 354 2.40.120 Records management program creation and administration. 355 The clerk shall establish and maintain a borough records management program, adopted by 356 resolution, which shall include the retention schedule and procedure for inventory, storage, and 357 destruction of records. 358 A. The program objectives shall be to: 359 1. Provide coordination between departments on all phases of the records management 360 program; and 361 2. Facilitate exchange of ideas on all aspects of records management among 362 departments to permit savings through more uniform and efficient paperwork techniques. 363 364 2.40.130 Ownership of records. 365 A. All borough records are property of the borough. Unless otherwise permitted or required 366 by law, no person may: 367 1. Deface, alter, or destroy a borough record; 368 2. Remove a borough record from the borough's possession; 369 3. Disclose confidential information of a borough record; or 370 4. Except for a borough official or employee in the course of performing official duties, 371 inspect or copy confidential information in a borough record. 372 B. In addition to any other penalty provided by law, violation of subsection A of this section 373 by a borough employee may be cause for disciplinary action. 374 C. No borough official or employee has, by virtue of the official or employee's position, any 375 personal or property right to such records even though the official or employee develop or 376 compile them. Kodiak Island Borough Ordinance No. FY2010 -02 Page 7 of 12 377 D. All borough records shall be and remain the properties of the borough and may not be 378 removed, destroyed, or disposed of, except as provided in this chapter. They shall be delivered 379 by outgoing officials and employees to their successors and shall be preserved, stored, 380 transferred, and otherwise managed, only in accordance with the provisions of this chapter or as 381 otherwise provided for by law. 382 E. The borough may initiate a civil action to recover records unlawfully removed from 383 borough possession. 384 385 2.40.140 Records management roles and responsibilities: 386 A. Accountability. The overall accountability for the borough records management program 387 lies with the clerk. 388 B. Responsibilities. 389 1. Borough assembly: 390 a. Executive body that endorses the principles of efficient records management for 391 borough public records kept in accordance with state law. The records management program 392 includes the systematic control of records from their creation or receipt, through their processing, 393 distribution, organization, storage, and retrieval to their ultimate disposition for the purpose of 394 reducing the costs and improving the efficiency of record keeping. The term includes the 395 development of records retention schedules, a uniformed record plan, the management of filing 396 and information retrieval systems, the protection of essential and permanent records, the 397 economical and space- effective storage of inactive records, the management of micrographics 398 and electronic and other records storage systems, and the development of policies and 399 procedures to implement the program; 400 b. Approve borough records retention schedules and any amendments; and 401 c. Authorize, by resolution, the periodic disposal of the records to be destroyed. 402 2. Borough manager: 403 a. Ensure that all departments comply with the records management program; and 404 b. Approve the records management policies and procedures as prepared by the 405 clerk. 406 3. Borough clerk: 407 a. Assigned by the assembly to provide central leadership and oversight of the 408 records management program per AS 29.20.380 and KIBC 2.50.020; and 409 b. Prepare and approve the records management policies and procedures. 410 4. Department heads: The head of each borough department is responsible for: 411 a. Designating a departmental records management coordinator who shall represent 412 the department on the borough records management team; 413 b. Implementing and ensuring compliance with the records management program 414 within the department according to the borough standards, policies, and best practices; 415 c. Establishing and maintaining file systems in compliance with prescribed standards 416 and procedures; 417 d. The preparation and periodic revision of a departmental records retention schedule 418 which shall be submitted to the records management team; 419 e. The physical inventory of all records created and maintained in their own 420 department; and 421 f. The preparation of inactive records for micrographic conversion and /or for 422 relocation to the records storage area. 423 5. Borough Attorney: 424 a. Review retention schedules for legal compliance and sign off destruction of 425 borough records; and 426 b. Responsible for notifying borough manager and clerk's office of litigation holds and 427 releases for borough records upon potential suspicion of litigation, or subpoena of borough 428 records. 429 6. Deputy clerk as records management team leader: Kodiak Island Borough Ordinance No. FY2010 -02 Page 8 of 12 430 a. Prepares and administers the records management policies and procedures 431 according to the deputy clerk's job description; and 432 b. Works with the records management team to fulfill its roles and responsibilities. 433 7. Records management team members: 434 a. Assess and evaluate the borough records management program and systems in 435 place. Identify the records management needs, prioritize those needs, and provide support for 436 the total records management program; 437 b. Review recommended retention schedules submitted by borough departments 438 and forward recommended retention to the assembly for adoption; 439 c. Responsible for providing coordination between the records management team 440 and personnel in their department to ensure compliance with the provisions of the records 441 management program. They are also responsible for maintaining their department records, both 442 active and inactive for the life cycle of the record; and 443 d. Serve as the spokesperson for the records program for their department and shall 444 inform their department of any changes in policies and procedures. 445 8. Borough employees and contracted agents: 446 a. Create, capture, and organize records of transactions undertaken in business 447 processes according to the borough's policies, procedures, and this chapter. 448 449 2.40.150 Noncurrent records not to be maintained in office files. 450 Records no longer required in the conduct of current business by any office of the borough 451 shall be promptly transferred to the records center at the time such action is designated on an 452 approved records retention schedule. Such records shall not be maintained in current office files 453 or equipment. 454 455 2.40.160 Disposal of records. 456 A. Any records to be destroyed shall be reviewed and approved by the department head 457 and clerk, and signed off by the attorney. 458 B. The assembly, by resolution, shall authorize the disposal of the records to be destroyed. 459 C. The resolution authorizing the disposal of records shall provide for the destruction of 460 records of the borough which have been found not to be of historical interest nor to have a legal 461 or administrative value; permanent but non - historical and have been microfilmed; or not of a 462 historical, legal, or administrative value. Records may also be disposed of by returning them to 463 the original owner. 464 D. The clerk shall dispose of the records to be destroyed in a manner determined to be 465 appropriate. 466 E. Upon disposal, the clerk shall file in the clerk's office, a descriptive list of the records 467 disposed of and microfilmed. 468 469 2.40.170 Micrographic program established. 470 The assembly, in the resolution as to the record retention schedule, may authorize the 471 substitution of microfilmed copies or optical disc imaged copies for any original records, including 472 records to be periodically disposed of, and the disposal of these original records once 473 microfilmed. Records pertaining to any claim and demand by the borough or against it, or any 474 account in which the borough is concerned, either as a debtor or creditor, shall not be destroyed 475 until the claim, demand, or account has been settled and adjusted. A reproduction, print, or 476 enlargement from an authorized microfilm copy of an original record shall be considered as an 477 original record for all purposes, including the introduction in evidence in any court or other legal 478 or administrative proceedings. When microfilmed, the original records may be destroyed or 479 otherwise. A centralized micrographic program may be designed and implemented by the clerk 480 to serve all borough offices and departments. No office or department shall operate a separate 481 micrographic program, and no borough funds may be expended to film, or to contract with a 482 service company to film, any borough records, except through the clerk's office. 483 Kodiak Island Borough Ordinance No. FY2010 -02 Page 9 of 12 484 2.40.180 Micrographic standards. 485 Microfilm used for archival or security purposes must meet or exceed the technical standards 486 for quality, density, resolution, and definition of the American National Standards Institute (ANSI) 487 as required by law. The master negatives of such film shall not be used for making use copies 488 and shall be stored off -site. Microfilm records must be indexed. The clerk shall periodically 489 check and certify that a microform record is a true and accurate duplication of the original record. 490 491 2.40.190 Alteration and replacement of public records. 492 A. An original public record that is worn or damaged may be replaced by a reproduction that 493 produces a clear, accurate, and long -term copy or reproduction of the original record. 494 Certification by the clerk that the replacement is a correct copy of the original shall appear at the 495 end of the reproduction. When original public records are photographed or otherwise 496 mechanically reproduced under the provisions of this chapter and the reproduction is placed in 497 conveniently accessible files and provisions are made for preserving and using them, the original 498 records from which they were made may be destroyed as provided by this chapter. 499 B. Reproductions or replacements of records made under this chapter are considered 500 original records for all purposes and are admissible in evidence as original records. 501 502 2.40.200 Audit. 503 A. All borough employees are required to use the records management program established 504 and supervised by the clerk. 505 B. Periodic audits will be conducted of the records management program by a certified 506 records management consultant. The overall purpose of the records management audit is to 507 provide information about the efficiency and effectiveness of the records management program 508 as a whole and of the individual functions that make up the system. Providing this information to 509 the assembly and the appropriate people is the purpose of the audit. 510 C. Analysis from the audit will be forwarded to the assembly for further action. 511 D. The records management team leader will report to the assembly upon receipt of the 512 audit the records management progress in each department including summaries of the 513 statistical and fiscal data compiled. 514 515 2.40.210 Definitions. 516 Unless the context otherwise requires: 517 A. "Borough" means any department, division, board, commission, employee, official, 518 appointee, volunteer, or private contractor that has custody of public records. 519 B. "Certified copy" means a copy of a document certified as correct by the clerk. 520 C. "Clerk" means the borough clerk or any properly authorized assistant or designee. 521 D. "Confidential information" means information whose disclosure is restricted by a borough, 522 state, or federal statute, ordinance, regulation, rule, or judicial decision. 523 E. "Disposition" means either the transfer of inactive records to the records center or the 524 disposal of noncurrent records by destruction. 525 F. "Historical record" means those public records that are retained for purposes of history 526 and not necessarily for business purposes. 527 G. "Microform" means the format in which microfilm is generated. It may be a roll, cartridge, 528 jacket, fiche, or an aperture card. 529 H. "Micrographic" means the use of various forms of microfilm in the management of records 530 and information. 531 I. "Physical inventory" means a complete listing of file contents by record or record series, 532 together with sufficient supporting data to enable a proper evaluation for determining retention 533 periods. 534 J. "Proprietary information" means information regarding techniques, methods, strategies, or 535 other unique data in which a valuable property interest may be established or which may be 536 used by one person or entity for a competitive advantage. Kodiak Island Borough 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 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 Kodiak Island Borough 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. Responsible -far eEnsureing 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" Ordinance No. FY2010 -02 Page 11 of 12 590 shall mean any contract, agreement, memorandum of understanding, or letter of intent which 591 sets out the rights, duties, and obligations of the parties thereto; 592 F. Ohief aAdministerfatef of borough elections and has full responsibility for all phases of 593 borough elections up to and including preparation of the final results to be submitted to the 594 assembly for election certification; and 595 G. Perform other duties as specified in other sections of this code and AS Title 29 or as 596 prescribed by the assembly. 597 598 Section 4: The Kodiak Island Borough Code of Ordinances, Chapter 2.50 is hereby amended 599 as follows: 600 601 Chapter 2.55 602 ENGINEERING AND FACILITIES DEPARTMENT 603 604 Sections: 605 2.55.010 Engineering and facilities department director. 606 607 2.55.010 Engineering and facilities department director. 608 The manager shall appoint an engineering and facilities department director who shall 609 maintain records per KIBC 2.40, administer design and inspection of vertical construction, 610 coordinate supervision and inspection of village construction, administer grants at local and 611 village levels, and perform other duties as prescribed by the manager or by resolution of the 612 assembly. The director shall also administer the borough subdivision regulations, maintain 613 engineering records per KIBC 2.40 and documents, administer design and inspection of all 614 horizontal construction, provide administration and operation for water and solid waste disposal, 615 administer local service roads and trails programs, and perform other duties as prescribed by the 616 manager and by resolution of the assembly. 617 618 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 619 THIS DAY OF 2009 620 621 622 KODIAK ISLAND BOROUGH 623 624 625 626 Jerome M. Selby, Borough Mayor 627 628 ATTEST: 629 630 631 632 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2010 -02 Page 12 of 12 TITLE: Contract No. FY20010 -09 Providence Kodiak Island Counseling Center Services to KIB School District for School Year 2009 -2010. SUMMARY: Attached is the Agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center ( "Contractor") setting forth the terms and conditions pursuant to the contractor providing mental health services for the Kodiak Island Borough schools. The contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. FISCAL NOTES: Account No.: 100 - 180 - 430 -165 Amount Budgeted: $381,350 Expenditure Required: $381,350 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -09 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2009 -2010 school year in an amount not to exceed $381,350. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING r" ITEM NO: 13.A.1 WITNESSETH MENTAL HEALTH SERVICES THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ( "Borough ") and Providence Health System Washington dba Providence Kodiak Island Counseling Center. ( "Contractor ") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2010, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 10 day following the end of each month to the Borough Manager and the School District Superintendent. Futhermore, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2010 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2009 and ending June 30, 2010. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak Island Borough and Providence Health System - Alaska. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1, 2009 of $95,337.50 for a total fiscal year 2010 contract amount of $381,350. IN WITNESSETH WHEREOF the parties have executed this Agreement on this 15 day of June 2009. KODIAK ISLAND BOROUGH Rick Gifford, Borough Manager ATTEST: Borough Clerk Providence Health System - Washington, dba Providence Kodiak Counseling Center Represen mo tive SLAP )7 (01(5(0 KODIAK ISLAND BOROUGH SCHOOL DISTRICT/PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2009 -2010 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in -kind budget agreement between the KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. Services include: SERVICES 1. Mental Health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators (bi- monthly meeting with all KIBSD School Psychologists, Counselors and Administrators) 4. Assistance in the development of behavioral management strategies for identified students (PKICC School Clinicians will develop treatment plans for each student seen addressing behavioral concerns). 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. At the request of KIBSD principal /staff, PKICC School Program Team Leader will initiate CISM (Critical Incident Stress Management) services. 9. Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. 10. PKICC Clinician will be available during summer school. 11. Staff training will be available during teacher in- service week and at the request of the Principal or Administrative Staff 12. A minimum of one parent workshop /training will be available during the year. COLLABORATION PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Clinical Director /Board Certified Psychiatrist, other multi - disciplinary team members, and the PKICC Director. To foster good communication and collaboration between KIBSD and PKICC, a core group representing administrative and counseling staff will meet bi- monthly throughout the year. STAFFING The School Clinician Program will be staffed with four Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. Staff assignments will include one FTE in the High School, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with the KIBSD Director of Special Service. In the event of a need to hire new staff, PKICC will invite a representative from KIBSD to participate in an interview panel. KIBSD will choose their own representative. In the school year, PKICC Clinicians will travel to village schools as designated by KIBSD Superintendent. Each visit will provide at least one school day of service to students and staff with no more than 9 visits per year per village. To facilitate collaboration and increase support for village school staff PKICC Clinicians will initiate regular e-mail communication with designated village school staff and structure their schedules to allow for support. PKICC Clinicians will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short-term or long -term position. PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 10th of each month and will be provided to the KIBSD and the KIB. CLINICIAN I JOB CLASSIFICATIONS AND DEFINITIONS Clinical position providing mental health services to children, adolescents and adults. PKICC School Clinicians are responsible for referring a child or family to a higher level of care when needed. Provides crisis and emergency services as necessary. PKICC School Clinicians are supervised by a licensed clinician. Is responsible for taking calls for emergencies on a rotating basis. All Clinician I staff are supervised by a Master's level licensed supervisor (School Program Team Leader). School Program Team Leader is directly supervised by the PKICC Clinical Director. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted best practice mental health practices. Member of agency's Management Team. Provides direct clinical services and emergency on -call coverage on a rotating basis. PSYCHIATRIST (Clinical Director) The Clinical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Clinical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high -level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Clinical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Parent or guardians written permission is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and/or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians, KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. // �� Welby Jeri n .D., ClinicDirector Providence diak Island Counseling Center Melanie Nelson, Director Providence Kodiak Island Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough REFERRAL SERVICES 1411111 tewart McDon Su • erintendent Kodisland Borough School District Heather Martens, Director Special Services Kodiak Island Borough School District KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING TITLE: Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. SUMMARY: ITEM NO: 13.A.2 This contract will supply and deliver #1 and #2 heating oil to KIB facilities which include include the Landfill /Baler Building, KIB Admin Building, Chiniak Tsunami Shelter, KFRC Laboratory Facility and dorms, Fire Stations, other KIB rental facilities such as the cottage buildings (720 Egan), and the Annex Building. The benefit of the bid process is that we combine the quantity of heating fuel needed for all KIB facilities with the quantities of fuel needed by the School District and the Hospital, for a bulk purchase. Each entity is responsible for paying the fuel bill for their respective facility, yet we all receive a price break for the large quantity purchased. This is important for an item that is a commodity where market value fluctuates wildly. KIB consumes approximately 110,100 gallons of fuel for its facilities per year. The School District consumes 286,700 gallons /year and the Hospital consumes 120,300 gallons /year. The bidding process is performed by the school district. Bid proposal instructions require vendors to use an industry base cost (known as the Seattle OPIS price - This is a posted daily price of heating fuel in Seattle). On top of the OPIS price the vendor adds their margin or price to do business. The decision to award a contract is not based on the fuel cost, but on the bidder's margin. The vendor that offers the lowest margin is selected to supply fuel. That way, as the market price of fuel increases and decreases, the margin cited in the bid offering remains the same. The bid packet for heating fuel went out for a 1 year (option A) term or a 3 year (option B) term. Results came back with one bidder. This bid offered a margin of 17 cents for a one year contract and 16 cents for a three year contract. Because the margin for the three -year contract is lower than the one year contract, it is recommended that KIB enter into a contract with Petro Star for a three year contract based on a margin of 16 cents above the weekly average of the posted Seattle OPIS price. These are the same terms that the school district selected when they approved their heating fuel contract with Petro Star, Inc. at their last meeting. VENDOR #1 Town #2 Town CHINIAK Petro Star, Inc. (1 year) $0.17 $0.17 $0.17 Petro Star, Inc. (3 year) $0.16 $0.16 $0.16 Form Ver. 06/30/2009 Fiscal Notes: Buildings: Account Nos. Annex Bldg. [610 Egan] 220 232 450 360 Landfill /Baler Bldg. 530 731 450 360 Landfill /Baler Equipment 530 731 450 365 KIB Bldg/Tsunami Ctr. /Rentals 220 232 450 360 KFRC 555 758 481 120 KFRC Dorms 555 759 481 120 Womens Bay Fire Dept. 252 214 450 360 Bayside Fire Dept. 250 212 450 360 Expenditure Required: Not yet known Amount Budgeted: $293,000 APPROVAL FOR AGENDA: ‘ Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -01 with Petro Star of Kodiak, Alaska for a three year contract based on a margin of $ .16 above the weekly average of the posted Seattle OPIS price. Memo to: School Board Members From: Kodiak Island Borough School District 722 Mill Bay Road Kodiak, Alaska 99615 Office of the Superintendent (907) 481-6200 Scott Williams, Director of Operations Gregg Hacker, Operations & Special Projects ManagerZ Sandy Daws, Purchasing Supervisor SCil Through: Stewart McDonald, Superintendent Date: May 29, 2009 Subject: Heating Fuel Supply and Delivery Bid Award In April, the Purchasing Department sent out a Request for Proposal (RFP) to provide Heating Fuel and delivery services to the District for a three -year term. A legal notice was printed in the Kodiak Daily Mirror and the Anchorage Daily News on April 29, May 1 & 6, 2009. Proposals were publicly opened at the Central Office conference room at 1 :00 p.m. on May 26, 2009 from two local vendors. Please note that the price per gallon is in direct proportion to the previous months averaged Seattle OPIS (Oil Price Information Services) rack price per gallon (the vendors fuel cost) plus the vendors margin and may fluctuate monthly throughout the contract period. We recommend that Petro Star, Inc. (dba North Pacific Fuel) be awarded the Heating Fuel Supply and Delivery bid for a three -year term commencing July 1, 2009 and ending June 30, 2012 with a margin of $.255 per gallon for # 1 and # 2 heating fuel. We respectfully request requisition FY10 #710000052, to Petro Star, Inc in the amount, not to exceed, $960,000 be approved. .,G1111c CJ • ntauny_ruei.par Page 6 SPRING 2009 KIBSDIKIB FUEL BID — OPTION "B" Vendor Information Business Name: Petro Marine Services Contact Name: Jaime Flores Contact Phone Number: 907 486 -3421 Contact FAX Number: 907 486 -6833 Mailing Address: P.O.Box 1337 Location (Street address): 104 E. Marine Way E -mail address: Option "B" — Three (3) year contract pricing Base* ..1.70454: . 75 (margin) _ price per gallon for Town # 1 Base* =1.5770+ . 75 (margin) = 2 - 327 °Delivered price per gallon for Town .' 2 Base* =1.5770+ . 75 (margin) =2. 3 2 7 OPrice per gallon for non -road system schools Base* = The averaged Seattle OPIS rack price per gallon for the period commencing April 18 and endin- ay 8, 2009. Signatur Pia t Manager Title Date 05 -20 -09 Kodiak, Alaska 99615 jaimef @harborent.com Business Name: C - S - 41,r' (. em‘ b/2, 44 r7 �r -, 4-7-/ / Contact Name: /%{`i T /,I_p /7 Contact Phone Number: (' 4'ePt - ,i c,? 54 - 5 - Contact FAX Number: Z) _W - .3a 0� Mailing Address: /p /j. 9)( / Vf 7 Idisizetk, t- /c;,.rka 99 61 Location (Street address): 7 /-C S /�'kD�' J; Kcrar >4lckrk -, 9 9615 E -mail address: 7 p," /. her, p- it s 4 �ZLr: C"r7sn Option "B" -- Three (3) year contract pricing Base* =/, s'g� +O „ii15 (margin) =/,.c.V71 price per gallon for Town # 1 Base * = /594' +d. 255 (margin) =/_ py7,,p Delivered price per gallon for Town # 2 Base* _/,. S9a,f + 6, a.55 (margin) = / Price per gallon for non -road system schools Base* = The averaged Seattle OPIS rack price per gallon for the period commencing April 18 and ending 8, f i +9. Signature Title /o5' Date SPRING 2009 KIBSD /KIB FUEL BID — OPTION "B" Vendor Information Business Name: O �' fT9 . S' Tic, d4 r �- ll4r Contact Name: 4 1 / ' / Contact Phone Number: Contact FAX Number: (7) yr,P Mailing Address: /). 60X 9P') Location (Street address): ignature rv)r, / Title S/z b `o 9 Date SPRING 2009 KIBSD /KIB FUEL BID — OPTION "A" Vendor Information 7Ar .57y h 711 ,S • Ar,fk 0 E -mail address: 711` fc bin , fries fzxr, Option "A" — One (1) year contract pricing Base* = , 5 $' + 241,i (margin) =AA-7p Delivered price per gallon for Town # 1 Base* =,/...47.2. + 9, N -3 (margin) = i f r7 , Delivered price per gallon for Town # 2 Base* = is .. :? + G. ,r.t• (margin) = f 'J` Price per gallon for non -road system schools 6v' Base* = The averaged Seattle OPTS rack price per gallon for the period commencing April 10 and ending M . : ; ZO 9. 0 CD OD D To whom it may concern: Phone: 907 -481 -2283 - Fax: 907 -481 -2280 F -mail: sdaws0l (kodiakschools.on; HEATING FUEL SUPPLY AND DELIVERY BID REQUEST Spring 2009 The Kodiak Island Borough School District (KIBSD), the Kodiak Island Borough (KIB)I and Providence Kodiak request bids for the supply and delivery of #1 and #2 heating fuel to the road system schools, KIB facilities and Providence Kodiak. A specification sheet is attached. * All prices must be as delivered to the listed facilities. * Quotations must be received by 12 p.m. May 26, 2009 at the KIBSD Shipping and Receiving Office, 722 Mill Bay Road, Kodiak, Alaska. They will be opened May 26, 2009 at 1:00 p.m. in the KIBSD Central Office Conference room. * A Local vendor preference of up to 10% may be given to vendors maintaining offices in Kodiak if all other factors are equal. • The KIBSD the KIB and Providence Kodiak reserve the right to reject any or alllbids. • The KIBSD, the KIB and Providence Kodiak are equal opportunity employers and encourage minority business enterprises to submit bids. Please mark your Bid envelope as follows: Heating Fuel Bid Kodiak Island Borough School District 722 Mill Bay Road Kodiak AK, 99615 Sincerely, O Sandy Daws KIBSD Purchasing Supervisor SPRING 2009 KIBSD /KIB FUEL BID SPECIFICATION The Kodiak Island Borough School District ( KIBSD), the Kodiak Island Borough (KIB)land Providence Kodiak are soliciting bids from qualified firms for the supply and delivery of #1 and #2 heating fuel to the road system schools, supply to non -road system schools, KIB facilities and Providence Kodiak. Each separate entity shall award: Option "A" A one -year contract commencing July 1, 2009 and ending June 30, 2010 to the contractor submitting the lowest margin above the averaged Seattle OPIS rack price per gallon for the period commencing April 10 and ending May 8, 2009 for each gallon delivered or supplied to the KIBSD, KIB or Providence Kodiak. The contractor's margin must remain firm for the tern of the contract. Option `B" A three -year contract commencing July 1, 2009 and ending June 30, 2011 to the contractor submitting the lowest margin above the averaged Seattle OPIS rack price per gallon for the period commencing April 10 and ending May 08, 2009 'for each gallon delivered or supplied to the KIBSD, KIB or Providence Kodiak. The contractor's margin must remain firm for the term of the contract. Documented price fluctuations throughout the contract period may change the delivered price per gallon monthly in direct proportion the averaged daily Seattle OPIS rack price per gallon for the previous month. Documentation of these price fluctuations, the calculations and the resulting new price(s) per gallon shall be faxed to the KIBSD Maintenance Office, the KIB Engineering and Facilities Office and Providence Kodiak by noon on the second business day of the month. Example: If the Vendors cost was $1.00 plus a $.18 margin ($1.18 per gal) and the averaged price change for the previous month was two cents per gallon, the price increase or decrease to KIBSD, KIB or Providence Kodiak would increase ($1.20) or decrease ($1.16) of two cents per gallon for the new month. The delivered price per gallon for the month of July 2009 shall be the averaged Seattle OPIS rack price per gallon for the month ofJune 2009 plus the contractor's margin. All accounting and reporting shall be separated into three distinct contracts /accounts, one for the KIBSD, one for the MB and one for Providence Kodiak. The contractor's delivery system shall ensure adequate fuel levels be maintained at all tiines. Costs associated with deliveries made outside of normal working hours are to be borne by the successful contractor. The KIBSD, the KIB and Providence Kodiak reserve the right to reject any or all bids. Business Department #2 8,500 Chiniak School #1 3,000 East Elementary School #2 25,000 Kodiak High School #2 155,000 Kodiak Middle School #2 26,000 Main Elementary School #2 15,000 North Star Elementary School #2 21,000 PROTECTION OF PROPERTY AND SPILL PREVENTION: The contractor shall not damage or contaminate existing buildings, equipment, asphalt pavement, soil, vegetation (such as trees, shrubs and grass) on the contracting agency's property. if the contractor damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other facilities, they shall replace the damaged items or repair the damage at no expense to the contracting agency and to the satisfaction of the contracting agency. Further, should the contractor fail or refuse to make such repairs or replacements, the contracting agency may have said repairs or replacement accomplished, and the contractor shall be liable for the cost thereof which may be deducted from the amounts due under this contract. The contractor shall take all measures as required by law to prevent petroleum, oil or lubricant (POL) spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event the contractor spills any POL (including, but not limited to, gasoline, diesel fuel, fuel oil, lubrication oil, hydraulic oil or aviation fuel), the contractor shall be responsible for the containment, clean -up, and disposal of the POL spilled. Should the contractor fail or refuse to take the appropriate containment, clean -up, and disposal actions, the contracting agency may do so itself. The contractor shall reimburse the contracting agency for all expenses incurred including fines levied by appropriate agencies of federal or local governments. SPILL CLEAN -UP: The contractor will be responsible for all fuel spill(s), caused by their negligence, that may occur during transit or fueling operations. Contractors must immediately report spillage to the local Alaska Department of Environmental Conservation (DEC), and to the United States Coast Guard District Office (USCG), as required by law, and clean-up the spillage. Failure to do so will cause the contracting agency to take corrective action and charge the contractor for all related costs. COMPLIANCE: The contractor must comply with all federal, state, local and borough regulations, codes and laws; be liable for all required insurance, licenses, permits, and bonds; pay all applicable federal, state, local and borough taxes. Please note that the following estimated annual quantities are for bid information only and are not to be interpreted as guaranteed deliverable quantities. Weather conditions and building occupancy will determine actual consumption. KIBSD Facilities Aux Building (610 Egan) #1 1,200 Baler Facility #1 4,000 Baler Facility #2 13,300 Bayside Fire Dept #1 5,000 Borough Building #2 15,500 Cottage (720 Egan) #1 1,200 Chiniak Tsunami Shelter #1 500 Kodiak Fisheries Research Center #2 55,000 Kodiak Fisheries Apartments #2 12,000 Women's Bay Fire Dept #1 2,400 KIB Estimated gallons 110,100 Peterson Elementary School #2 17,000 R.ural Schools (722 Egan) #1 1,200 Non -Road System Schools #1 15,000 KIBSD Estimated gallons 286,700 Providence Kodiak #2 120,000 Providence Kodiak #1 300 Providence Estimated gallons 120,300 KIB Facilities Providence Kodiak Facilities KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING TITLE: Contract No. FY2010 -10 Recycling Contract with Threshold Services, Inc. SUMMARY: ITEM NO: 13.A.3 The Kodiak Island Borough's landfill enterprise fund is financed through user fees, residential and commercial garbage fees, as well as fees charged at the landfill for varying wastes. These funds cover costs for the solid waste collection contract, landfill operational disposal costs, and community recycling efforts. A Request for Proposal (RFP) was advertised and the only vendor who responded was Threshold Services, Inc. The cost proposed by Threshold Inc. of $380 per ton exceeded the $150 per ton desired in the RFP; however, during negotiation this price was reduced to $325 per ton. This contract is based on the amount of recyclables shipped off island (similar to a time and material contract) and it is estimated that the contract will be a total of $281,450. The landfill budget currently has $130,000 for recycling services. In order for the landfill budget to cover the balance of this expense, it is estimated that rates will need to increase. Staff will provide various options to cover the increased recycling contract for Assembly review at the July 9, 2009 work session. Threshold is a non - profit organization whose primary mission is to provide work and training for persons with disabilities or who are chronically not employable. They provide a valued community service. The solid waste management analysis recently conducted indicates that 6% of waste is diverted from the landfill; the amount expensed for this contract is 8% of the landfill budget. The negotiated contract is for one year, July 1, 2009 through June 30, 2010 with two one -year options to extend. FISCAL NOTES: Account No.: 530 -731 450 -510 Amount Budgeted: $130,000 Expenditure Required: $281,450 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2010 -10 with Threshold Services, Inc. of Kodiak, Alaska for a time and material contract estimated to be $281,450 for the period of July 1, 2009 through June 30, 2010. Form Ver. 06/30/2009 CHANGES TO THE THRESHOLD CONTRACT 1. Struck last sentence in #3 on page 2; should have been taken out, it had been taken out of the RFP as per Woody. The sentence that was stricken is as follows: The KIB will continue to cover costs associated with tipping the six cardboard recycling dumpsters that are received by the Contractor. 2. p. 10, #26. Words were struck as follows and one word "to" was added; these changes are consistent with negotiated agreement that struck out information re: customers in #13. Reimbursement of Cost. If KIB spends more than 2 hours in the aggregate to work out submitted invoices, or more than one hour in any week (Monday through Friday) case-Wing—multiple lict i pip i a n+ . working out submitted invoices, Contractor will reimburse KIB the KIB's Reimbursement Costs in connection therewith within 10 days of the KIB's presentation of an invoice therefore. Maggie Rocheleau From: Nancy Nelson [Nancy.Nelson @kanaweb.org] Sent: Thursday, July 16, 2009 4:15 PM To: Melissa Borton; Maggie Rocheleau Subject: FW: Threshhold Hi Ladies, In case I can't make the entire meeting, my knee hurts pretty good by the end of the day can you please speak on behalf of Port Lions. Thanks. From: Dorinda Kewan [mai Ito: dori nda @ potions. net] Sent: Thursday, July 16, 2009 2:56 PM To: Nancy Nelson Subject: Threshhold Hi Nancy, I just saw an email you sent to Julie Kaiser earlier today regarding Threshhold and the Borough Meeting tonight. There are only a few of us in the office this afternoon. It is hard for us to know exactly what to do on such short notice, but I am confident the Tribal Council would want to take action if they could — we are extremely dependent on the recycling program offered by Threshhold, and our environmental department efforts would suffer greatly without them. If you or anyone you know is going to attend the meeting tonight, please express our wholehearted support for retaining the recycling services provided by Threshhold. We would be glad to put something in writing for the next Borough Assembly meeting, but that may be too late. Thanks, Dorinda This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e -mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 180,000.0 160,000.0 140,000.0 120,000.0 100,000.0 80,000.0 60,000.0 40,000.0 20,000.0 KIB: Pounds Shipped, By Month }+ L 4 - 1 L • u T 0) 0) O) f0 f0 L .0 .0 ' - fO a 2 - O • E ° E E cis 13 - U- N ▪ 0 O 0) N Z 0 - 2009 2008 2007 800.0 700.0 600.0 ▪ 500.0 1- Y 400.0 L 300.0 200.0 100.04 0.0 co KIB: Cumulative Tons Shipped T c0 2 0) C T 7 673.4 504.3 - 2009 2008 2007 618.S 73.5 18.9 458.3 ■ 62.1 ■ 26.3 257 319.5 0 304.. 375.6 45.3 :6.1 148.8 199.1 246.9 218.6 281.6 98.7 _....e 36.8 2.5 1 = 41.9 78.4 ' 180,000.0 160,000.0 140,000.0 120,000.0 100,000.0 80,000.0 60,000.0 40,000.0 20,000.0 KIB: Pounds Shipped, By Month }+ L 4 - 1 L • u T 0) 0) O) f0 f0 L .0 .0 ' - fO a 2 - O • E ° E E cis 13 - U- N ▪ 0 O 0) N Z 0 - 2009 2008 2007 800.0 700.0 600.0 ▪ 500.0 1- Y 400.0 L 300.0 200.0 100.04 0.0 co KIB: Cumulative Tons Shipped T c0 2 0) C T 7 673.4 504.3 - 2009 2008 2007 AGREEMENT FOR RECYCLING SERVICES THIS AGREEMENT made this 17 day of July 2009 by and between the Kodiak Island Borough (MB) and Threshold Services, Inc., hereinafter called the Contractor. WITNESSETH: That the KIB and Contractor for the consideration hereinafter recited agree as follows: Project. The Contractor agrees to perform services which shall be defined by the following and any additional specifications and addenda thereto which are signed by the parties or incorporated herein as part of this Agreement, which documents are hereinafter referred to as the Contract Documents. The essential project activities include the Contractor's RFP Proposal dated June 26, 2009 and it is included as Appendix I as additional information regarding this Agreement. The Contractor will provide all labor, equipment, personnel, scheduling, routes, quarterly reports, and payment invoices in a timely manner as outlined in this Agreement. The Contractor agrees to perform all services necessary for the processing and shipment of recyclable materials within the city and borough limits. The KIB will continue to cover costs associated with tipping the six cardboard recycling dumpsters that are received by the Contractor. Recyclable material includes paper, cardboard, aluminum, plastics, etc. Recyclable material does not include large metal items such as vehicles, parts of vehicles, appliances or home construction type of siding. Contractor will implement the processing methods and collection based upon its RFP Proposal and cover all costs associated with Contractor's collection and handling of recyclable materials. 1. Duration of Agreement. The term of this agreement is for one (1) year with two (2) one - year (1 -year) extension options. The agreement will start on July 1, 2009. If one or both extension options are exercised KIB and the Contractor agree to evaluate and /or negotiate an increase /decrease due to inflation. 2. Project Manager. The project manager shall be the KIB's Environmental Specialist in the Engineering and Facilities Department of the KIB or KIB Manager's designee. 3. Compensation. The KIB agrees to pay to the Contractor as compensation for services under the following payment schedule: (a) $325 per ton up to 866 tons. (b) If tonnage processed exceeds 866 tons KIB and Contractor will negotiate a rate for the additional tonnage. Recycling Agreement July 2009 Final Page 1 of 14 The KIB will continue to cover costs associated with tipping the six cardboard recycling dumpsters that are received by the Contractor. In the event current KIB costs rise, Contractor will be required to pay the difference and will be deducted from the amount Contractor invoices. 4. Payment. All requests for payment shall be for recyclables shipped unless otherwise agreed to by KIB and Contractor. Contractor will provide the KIB with certified scale records indicating the weight of recyclable materials shipped off the island to market or processor with their monthly invoice. Weight records will be in a format as required and acceptable to the KIB to include a print out of each certified scale entry invoiced. Typical information to be included in an Excel spreadsheet format includes, but is not limited to: material type, weight, shipping date, shipping manifest number, shipping manifest, amount paid or received from market or processor, and source of the recyclable material. Shipping manifest, amount recycled and residual amount disposed of will be used to verify invoiced amounts. Payment will be based on the amount recycled and not the amount collected or dropped off for processing. Contractor will be responsible for monthly reporting and disposal of all residual waste materials not recycled. The Contractor shall provide documentation that satisfies KIB and will provide easily understandable and reproducible forms of back up information that is accurate and does not require much review time by KIB. The Contractor shall provide any additional information to KIB which may be reasonable in support of any payment request. Monthly invoices and backup shall be delivered to KIB no later than the end of the month and shall be paid within thirty (30) days from the date of the invoice unless KIB shall notify the Contractor in writing of its reason for not making payment of the sums requested. 5. Collection Plan. Contractor will adhere to the collection plan and processing methods based upon its RFP Proposal and will include service locations being left in a neat and orderly manner and Personnel being courteous and professional. 6. Equipment & Personnel. The Contractor shall identify the equipment to be used in the collection and processing of recyclable material. This identification shall include the minimum following information (a) Equipment type, (b) Equipment quantities, (c) Availability of backup equipment. The Contractor is to identify the number of personnel necessary to meet the requirements of this Agreement. Personnel listed should include management, supervisory, customer service, equipment operators, collection personnel, etc. 7. Final Disposition of Recyclable Materials. It is the responsibility of the Contractor to ensure that collected material is processed and recycled. To this end the Contractor is to document the final disposition of the collected material as part of the quarterly reporting requirement. Recycling Agreement July 2009 Final Page 2 of 14 8. This section of the quarterly report will include at least the following details: (a) A written description of the final disposition of each of the collected material types. For example, a list of the mills where fiber materials were shipped, (b) The type of material shipped, (c) Contact names and telephone numbers of brokers, mills, etc. All recyclables must be recycled for manufacture into usable products. 9. Documentation. Contractor shall maintain throughout the duration of the Agreement plus three (3) years, documentation on all of the services provided. Contractor shall maintain records to substantiate all work performed and fees requested. Such records shall include, but not be limited to, daily records on the pounds of processed recyclables, shipment records and location of recyclable pick up locations etc. Copies or portions of this documentation may be requested by KI13 to be supplied with Contractor's monthly requests for payment. 10. Records and Reporting. (a) Records. Contractor will collect and record, at a minimum, the following information daily, indicating the day of the week and date: (i) Tonnage: Tons of Recyclables - weight of each load (gross, tare and net); receipts from the Recyclables Processing Facilities. (b) Reports. Contractor will include the following information in its Quarterly Report as described in the KIB RFP and Contractors RFP Proposal: a summary of the Records for Tonnage; and any additional information requested by KIB. When 75% of 866 tons is achieved (which is equivalent to 650 tons) Contractor will notify KIB to begin evaluation for further processing. (c) Inventory. Contractor will submit its inventory of Service Assets to include: (i) a general description of its maintenance yards, facilities, drop off locations etc.; the Office and any other administrative and customer service offices, (ii) Vehicles described by type (i.e. manufacture and model number for cab, chassis and body; and descriptive notation said as front end loader, compactor etc.), number, DMV license number, the age of the chassis and body; type of body (open -top, closed etc.); type of fuel used; the date of acquisition; the maintenance and rebuilt status; lease or installment purchase information. 11. Communication. All official communications from Contractor to KIB regarding this Agreement will be directed to the Project Manager. 12. Residual Waste. Any waste collected or generated during processing that is not recyclable is the responsibility of the Contractor to properly dispose of. This entails obtaining a KIB Sanitation account for a commercial dumpster. Dumpster size to be determined by Contractor and KIB's Solid Waste Collection Contractor. Recycling Agreement July 2009 Final Page 3 of 14 13. Recyclables Processing and Marketing. (a) Recyclables Processing Facility - Selection By Contractor. Contractor will transport and deliver Recyclables to the Recyclables Processing Facility. Contractor will cause the Recyclables Processing Facility to process and market Recyclables. Promptly upon direction of KIB, Contractor will provide KIB with documentation satisfactory to KIB demonstrating availability of Recyclables processing capacity at the Recyclables Processing Facility for the Term. Contractor may change its selection of Recyclables Processing Facility and notify KIBA within 30 days of doing so. If the Recyclables Processing Facility is wholly or partially inoperable for any reason, including Uncontrollable Circumstances, Contractor will make other arrangements to process Recyclables or to transport the Recyclables to the Recyclables Processing Facility without increase of the Contractor Compensation despite any consequent additional costs to Contractor. (b) Facility Information. Contractor will attach to Contractor Documentation information relating to the Recyclables Facility, including: (i) name of their respective owner and operator; (ii) address; (iii)contact Person and telephone number; and 14. Service Standards. Contractor will provide Service in accordance with the following provisions: (a) Litter, Spills and Leaks. (i) Litter. Contractor will ensure that each Collection Vehicle carries a broom and shovel at all times for this purpose. (ii) Material Spills. Contractor will transport Recyclables only in covered Vehicles. Contractor will prevent materials from escaping, dropping, spilling, blowing or scattering from Vehicles during Collection and transportation. Contractor will immediately clean up any materials that are dropped, blown, spilled, scattered, or tracked onto any alley, street or public place. (iii) Liquid Leaks. During Collection and transportation, Contractor will also prevent oil, hydraulic fluid, paint or other liquid from leaking out of Vehicles. Contractor will ensure that each Collection Vehicle carries petroleum absorbent materials. Contractor will immediately cover leaked fluids with absorptive materials, remove those materials from the ground and apply a cleaning agent to cleanse the soiled spot. Contractor will assure that no hydraulic fluid or other liquid leaks from any Vehicle onto the pavement. If a leak does occur, Contractor will immediately clean it up. Recycling Agreement July 2009 Final Page 4 of 14 (b) Customers' Privacy. Contractor will strictly observe and protect Customers' rights of privacy. Contractor will not reveal information identifying individual Customers or the composition or contents of a Customer's waste stream to any Person (other than the KIB) unless upon the authority of a court of law, by Applicable Law or by valid authorization of the Customer, and will use Reasonable Business Efforts keep that information confidential among staff and its consultants. This provision will not be construed to preclude Contractor from preparing, participating in or assisting in the preparation of waste characterization studies or waste stream analyses that may be required by Applicable Law. In addition, Contractor will not market, sell, convey, or donate to any Person any list with the name or address of Customers. The rights accorded Customers pursuant to this Section are in addition to any other privacy right accorded Customers pursuant to Applicable Law. Contractor will use Reasonable Business Efforts to keep information with respect to Customers and Customer Service information (such as accounts serviced, Containers, special services, Recyclables inventory, sales of Recyclables and contaminants) confidential among staff and its consultants, if any, as permitted by Applicable Law. (c) Vehicles and Drivers. (i) Leak - proof Vehicles. Vehicles used in Collection or transportation of Recyclables must have watertight beds of metal or impervious material that can be cleaned. (ii) Vehicle Identification. Contractor will ensure that its name, telephone number indicating that the Vehicles are owned and operated by Contractor. (d) Facilities. (i) Offices. Contractor will maintain an administrative office (the "Office ") located in the KIB or City of Kodiak (COK) at the address provided in Contractor Documentation. (ii) Operations Yard. If Contractor sites its operations and maintenance facilities in the KIB or COK, it will do so in accordance with Applicable Laws, including zoning laws, with ample ingress and egress for Vehicles. Contractor will maintain its facility in a neat, clean and presentable manner, including regular sweeping of related grounds for litter. Regardless of location, the KIB may enter operation and maintenance facilities during Office Hours and observe, inspect and review Contractor's operations therein. (e) Pavement and Utilities. Contractor is responsible for damage to pavement and driving surfaces if Collection Sites are located on public or private property, other than ordinary wear and tear, if the damage is the result of vehicles exceeding the maximum weight limits allowed by Applicable Law or Contractor's negligent operation of vehicles. Customer or KIB may direct Contractor to promptly repair or replace damaged driving surfaces or utilities or repair and replace them itself or through a third party, to satisfaction of Customer or KIB, as the case may be. Recycling Agreement July 2009 Final Page 5 of 14 Contractor will reimburse Customer for his or her costs of repair or replacement and KIB or COK the Reimbursement Costs of repair or replacement. Contractor is responsible for damage to public and private utilities, whether located on public streets or property or private property, if damage is the result of the inattention, carelessness or negligence of Contractor. (0 Damage To Property and Personal Injury. Contractor will not cause damage to property or personal injury. At its sole expense, Contractor will repair or replace to the satisfaction of the owner of damaged property, any physical damage to public or private property and will reimburse to the satisfaction of an injured individual, the cost of any personal injury caused by the negligent or willful acts or omissions of Contractor. KIB may refer all complaints of damage or injury to Contractor as a matter within Contractor's sole responsibility. Notwithstanding any rights the KIB has for breach of contract, disputes between Contractor and Persons as to damage to private pavement or other property or to injury are civil matters between the Contractor and that Person, and the Person may institute suits with respect thereto as allowed by law. Promptly upon receiving notice of any damage to Customer's property by phone or other medium, Contractor will record that information and determine whether or not the damage to Customer's property was caused by the inattention, carelessness or negligence of Contractor's employees. If Contractor determines that it was responsible for the damage, within 3 days of making its determination, Contractor will reimburse Customer his or her Direct Costs of repair or replacement of damaged property. Contractor will provide KIB with a copy of the recorded damage log in its Monthly Report. 17. Right to Audit. Contractor shall maintain complete and accurate records, kept in accordance with generally accepted accounting standards, of all of Contractor's costs that are chargeable to KIB and shall retain such records for at least three (3) years after completion of the contract. Contractor shall also maintain records of customers served. KIB shall have the right, at any reasonable time, to inspect and audit those records during the course of work and throughout the three (3) year retention period. Contractor shall accommodate such review at no additional cost. Contractor shall incorporate this requirement in all contracts with third parties to which this work may be subcontracted. 18. Indemnification. The Contractor specifically obligates himself to pay for all materials furnished and services performed under this Agreement. Contractor shall indemnify and hold KIB, its elected officials, officers, and employees free and harmless from all losses, damages, expenses, judgments, liens, claims, suits, demands, or liabilities of any kind, including reasonable attorneys' fees, for injury or death to persons, or loss, or damage to property arising out of Contractor's performance of this contract. Such indemnity shall not cover losses, damages, expenses, judgments, liens, claims, demands, or liabilities that are caused by the sole negligence of KIB. Recycling Agreement July 2009 Final Page 6 of 14 Contractor shall be given notice of any suit, claim, or demand within a reasonable time after KIB acquires knowledge thereof, and shall be authorized to defend the same without cost to KIB (saving that KIB shall pay its own counsel fee if it wishes to have separate representation in any suit). Contractor shall be given all information and assistance that it may reasonably require to defend the action. No compromise or settlement of any such suit, claim, or demand shall be entered into until the written notice of Contractor has been given to KIB. 19. Insurance. A. General Insurance Provisions. i. Contractor shall not commence with work under this contract until it has obtained the insurances required under this section. ii. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. iii. All coverage shall be with insurance carriers acceptable to KIB. iv. Proof of Insurance Coverage: Contractor shall provide KIB, at the time the contract is returned for execution, Certificates of Insurance and /or policies, acceptable to the KIB, as listed below. a. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance; b. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; d. If so requested, Certified Copies of all policies shall be furnished. v. Continuation of Coverage: If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and /or policies to KIB at least ten (10) days prior to the expiration date. B. Specific Insurance Provisions: Contractor shall at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Contractor and the KIB against liability that may accrue against them or either of them in connection with Contractor's performance under this assignment. i. Workers' Compensation Insurance: the Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, disability benefits and other similar employee benefit acts including Employers' Liability Coverage, in accordance with all applicable statues of the State of Alaska. ii. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and /or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Recycling Agreement July 2009 Final Page 7 of 14 iii. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including applicable No- Fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. iv. Additional Insured: The following shall be Additional Insureds: The KIB, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. v. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Sixty (60) days Advance written notice of cancellation or non - renewal shall be sent to: Tracy Mitchell, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. a. If Contractor fails to comply with the insurance requirements of this Agreement, the KIB may terminate the Agreement; b. Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statues of limitations. The coverage required by this Agreement shall over all claims arising in connection with the performance of Contractor under this Agreement, whether or not asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement; c. If Contractor is self - insured the KIB will require a statement to that effect and; d. Certificate of Insurance for liability and errors and omissions insurance, especially for Contractor acting as agent (n /a if self insured). 18. Claims. (a) Payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price; provided that the Contractor is not indebted to the KIB or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. (b) The Contractor must notify the KIB or its agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. 19. Changes and Modifications. (a) The KIB may, at any time by written order signed by the Borough Manager, or his designee, of the KIB, make changes in the specifications for services hereunder or in the Recycling Agreement July 2009 Final Page 8 of 14 project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by Contractor or the KIB must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the KIB Code. (b) The cost or credit to the KIB resulting from a change in the services or in the project schedule 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 fees stated in the Contract Documents or subsequently agreed upon. 20. 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 KIB, the Contractor shall furnish to the KIB such evidence as the KIB may require relating to the ability of the Contractor to complete the Project. 21. 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. 22. Stop Work. (a) If the Contractor fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the Contract Documents, the KIB, 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 KIB to stop work shall not give rise to any duty on the part of the KIB 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 KIB to commence and continue correction of such default or neglect with diligence and promptness, the KIB 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 but use its best efforts to mitigate the cost of curing such default. In such case a deduction from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for Borough staff's additional services made necessary by such default, neglect or failure. 23. WithholdinE Payments. KIB shall have the right to withhold from payments due Contractor such sums as necessary, in KIB's sole and exclusive opinion, for the purposes listed below in this section. Action taken under this section shall not affect other rights or remedies of KIB granted by other provisions of this agreement or by law; and do not relieve Contractor from the consequences or liabilities arising from Contractor's acts or omissions. (a) To protect KIB against any loss or damage that may result from the events listed in this section and any other negligence or unsatisfactory work by Contractor; (b) Failure of Contractor to perform or abide by an obligation under the contract; (c) Claims against Contractor or KIB related to Contractor's performance of work; Recycling Agreement July 2009 Final Page 9 of 14 (d) Damages by Contractor to others not adjusted; (e) Failure of Contractor to make proper payment to Contractor's employees, material suppliers, or subcontractors; and (f) Probable filing of a claim against KIB or Contractor. (g) The application for payment misstates the amount of services completed; (h) The methodology used to document services completed is unsatisfactory; (i) Defective services not remedied; (j) Third party claims filed or reasonable evidence indicating probable filing of such claims; (k) Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; (1) Persistent failure to perform the services in accordance with the contract documents. 26. Reimbursement of Cost. If KIB spends more than 2 hours in the aggregate resolving any single Customer complaint or work out submitted invoices, or more than one hour in any week (Monday through Friday) resolving multiple Customer complaints or working out submitted invoices, Contractor will reimburse KIB the KIB's Reimbursement Costs in connection therewith within 10 days of the KIB's presentation of an invoice therefore. 27. Time. (a) Definitions: (i) unless otherwise provided, the contract time is the period of time allotted in this Agreement. (ii) the date of commencement of the project is the date established in this Agreement as set forth above. (iii) the term "day ", as used in the Contract Documents, shall mean calendar day unless otherwise specifically designated. (iv) all time limits set forth herein are of the essence in this Agreement. 28. Termination and Default. (a) If the Contractor is adjudged a bankrupt entity, 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 KIB 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 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 Contractor'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 KIB. The amount to be paid to the Contractor or to the KIB, as the case may be, shall be certified by the Project Manager, Recycling Agreement July 2009 Final Page 10 of 14 2 Failure to maintain telephone service based upon at least 3 calls within one week or 10 calls within one month made and certified by the KIB $75 /day 2 Project Manager $300 3 Failure to maintain any Service Standards as described in accordance with # 16 of this Service Agreement $150 /day 4 Failure to timely allow KIB to inspect, audit or copy Records $150 /day 1 Disposing of Recyclables $100 2 Failure to Properly Dispose of Residual Waste in accordance with # 14 of this Agreement $300 upon application, and this obligation for payment shall survive the termination of the Contract. (c) KIB shall have the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days written notice given to Contractor. In the case of early termination, a final payment will be made to Contractor upon approval by the Project Manager of invoices for costs incurred to date of termination and a written report describing all work performed by Contractor to date of termination. 29. Breaches, Defaults, Damages and Other Remedies. (a) Certain Breaches and Damages. Contractor will pay the following liquidated damages for each of the corresponding breaches. Reference to "failure" refers to each instance of specified breach of Performance Obligation and not for aggregate instances of those breaches. Collection Reliabili Customer / MB Responsiveness Reporting. If Contractor does not timely submit the applicable information, documentation or complete report or incorporate comments, additions and corrections made by the KIB within 5 days of receipt of those comments, additions and corrections, it will pay the following liquidated damages. KIB may assess the following amounts of liquidated damages for each late day. 5 Quarterly Reports $100.00/ day 30. Assignment. This Agreement shall not be assigned by operation of law or through negotiated Agreement by the Contractor without the written permission of KIB. 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. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of the Contract without the prior written consent of the Owner. If the Contractor shall subcontract any part of this Contract, the Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by the Subcontractor, as he is for the acts and omissions of himself and of persons directly employed by him. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. Recycling Agreement July 2009 Final Page 11 of 14 31. Waiver. Failure of the KIB or the Contractor to enforce a specific section of this Agreement against one another or to enforce a particular demand of the KIB or the Contractor made pursuant to the terms of this Agreement shall not effect a waiver of any of the KIB's or the Contractor's rights and powers as set forth in this Agreement. 32. Correcting Deficiencies and Dispute Resolution. (a) Correcting Deficiencies: A deficiency in Contractor's work that is noted by KIB shall immediately be corrected to the satisfaction of KIB. KIB's interpretation or decision is binding on Contractor, subject to the following dispute resolution provisions of this Agreement. (b) Dispute Resolution: The Borough Manager shall at the request of Contractor, decide any dispute arising under this contract which is not disposed of by agreement between Contractor and KIB's Project Manager. The Borough Manager shall reduce their decision to writing and furnish a copy to Contractor. The Borough Manager reserves the right to make a written request to Contractor at any time for any additional information needed to make their decision. The decision of the Borough Manager shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, Contractor mails or otherwise furnishes to the Kodiak Island Borough Assembly, a written appeal. The Notice of Appeal shall include specific exceptions to the Borough Manager's decision, including specific provision of the contract relied upon. General assertions that the Borough Manager's decision is contrary to law or to fact are not sufficient. The decision of the Kodiak Island Borough Assembly shall be rendered within one hundred twenty (120) days of the Notice of Appeal. The decision shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. 33. Default. Either party shall have the right to terminate this agreement upon notice in writing to the other party. Notices are to be mailed to: Office of the Borough Manager, 710 Mill Bay Road, Kodiak, Alaska 99615 (for notices to KIB) and Threshold Services, Inc., P.O. Box 8709, Kodiak, AK, 99615 (for notices to Contractor) upon the occurrence of any of the following events: (a) Should the other party be declared insolvent or bankrupt, or make an assignment for the benefit of creditors, or in the event that a receiver is appointed or any proceeding is demanded by, for, or against that party under any provision of the Federal Bankruptcy Act or any amendment thereof; (b) Should the other party default in the performance of any agreement made under this agreement and such default shall not be remedied to the noticing party's satisfaction within ten (10) calendar days of the demand. It is understood that significant environmental harm or danger to person or property may result by any failure of performance under this agreement and therefore time is of the essence in this provision for termination; and (c) Should the business of Contractor be sold, leased, or for any reason pass from the actual supervision or control of its principal agents as of the date of this agreement. Recycling Agreement July 2009 Final Page 12 of 14 Contractor shall not discontinue required service under this agreement without ninety (90) days notice to KIB. The failure of either party to exercise any of its rights under this Agreement for a breach of an obligation created by this Agreement shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach. No custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of any right to demand exact compliance with the terms of this Agreement. In the event suit is filed to enforce any of the terms or conditions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees. In the event of default the Contractor shall allow KIB to use its equipment in order to continue recycling services for a period of up to six (6) months. All contracts, leases, or other documents encumbering or limiting Contractor's interest in such property shall contain this provision. 34. 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. 35. Authorized Signatory. Contractor will provide confirmation /certification of current authorized signatories for Threshold Services, Inc. and provide updates to KIB within 10 days of any changes to authorized signatories. 36. Notice. Written notice pursuant to this Contract 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: Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, Alaska 99615 -6398 37. Litigation Assistance. The Scope of Services does not include costs of the Contractor for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by KIB. All such Services required or requested of the Contractor by KIB, except for suits or claims between the parties to this Agreement, will be reimbursed as mutually agreed, and payment for such Services shall be in accordance with Section 5, unless and until there is a finding by a court or arbitrator that the Contractor's sole negligence caused KIB's damage. 38. Certification. The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared ineligible for work with the State of Alaska. Contractor shall notify Recycling Agreement July 2009 Final Page 13 of 14 Threshold Services, Inc. P.O. Box 8709 Kodiak, AK 99615 the KIB within five (5) working days of any such action brought against the Contractor during the term of this Agreement. The terms of this Agreement shall be from July 1, 2009 to June 30, 2010. KODIAK ISLAND BOROUGH CONTRACTOR By: By: Rick L. Gifford, Borough Manager (print name) ATTEST: Nova M. Javier, CMC Borough Clerk Title: Recycling Agreement July 2009 Final Page 14 of 14 (sign name) (print title) June 26, 2009 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Attn: Rick Gifford, Manager Threshold Services Inc. P.O. Box 8709 Kodiak, AK 99615 907 - 486 -6554 Re: Recycling Processor Request for Proposal Dear Mr. Gifford: Threshold Services Inc. (TSI) is please to submit the attached proposal in response to the mentioned request. TSI registered on the KIB website for the proposal and did not receive any addenda. We have reviewed the RFP and its enclosures and have conducted all necessary due diligence to confirm material facts upon which the proposal is based. TSI warrants and holds firm on the terms of the proposal, the exceptions noted by TSI and our rate for the duration of the RFP evaluation and selection process. TSI is a 501(c) 3 and 509 (a) 2 organization. Our mission is to provide employment and training opportunities, evaluations and reporting to our clients' service providers as requested. TSI has been working in Kodiak since 1984 using our recycling efforts to provide these much needed services. We employ and train persons with disabilities to prepare them for the job market. We have 20 employees at the recycle plant, 15 are disabled workers. The remaining 5 are considered core staff to provide supervision, equipment maintenance and operation as well as shipping and receiving. As the community comes to terms with the environmental impact of the limitations of the landfill, the recycling component of TSI responds to the urgent needs of Kodiak and can be analyzed in dollars and timelines and capacity, but the collateral benefit of hiring Kodiak's disabled population can only be measured in the stories of success told by the people who have gained skills to become productive working members of our community as a result of TSI' s commitment to them. We work closely with service providers such as Hope Community Resources, Tribal Vocational Rehabilitation departments from our local tribal organizations, Providence Kodiak Island Mental Health Center and the State of Alaska Division of Vocational Rehabilitation, and the Alaska Court system. We also work with the Kodiak Island Borough School District's Special Education Department for disabled students to gain life skills training. TSI holds a certificate with the Department of Labor in Chicago which allows us to evaluate client performance and pay sub - minimum wages accordingly. TSI has 6 collection/drop stations located throughout the community for the public to drop off their recyclables. Our service truck makes regular rounds to keep them clean and empty. The truck then brings the materials back to the recycle plant for sorting and processing for shipment to end markets off the island. We currently service almost 100 different businesses and institutions and provide them with on call pick -up service for the recyclables generated at their locations. That material is also brought back to the recycle plant sorted and processed and then shipped to end markets in Seattle. Our community outreach and education is working very well as can be seen in the rise in recycle volume we have experienced over the last several years. This past year alone, our volume was up almost 26% to just under 2,000,000 lbs of materials processed and shipped to Seattle markets and kept away from our landfill. TSI is continuing to expand our services by providing confidential document shredding; refrigerant evacuation services and collection of cooking oil for recycle as heating oil in our warehouse. We have completed the purchase of our building with the help of a loan and grant combination from USDA and we have received a grant from RCAC to conduct a composting feasibility study. If composting sounds like a viable option based on the feasibility study, many recycled materials that would be collected and shipped off island would have a local use. The Rasmuson Foundation, Denali Commission, RCAC, ALPAR, Kodiak Chamber of Commerce, Kodiak Island Borough, Kodiak Lions Club and our local CHARR are just a few of our partners. If you have any questions or need further clarification please do not hesitate to call. Chris Lynch President Board of Directors 1. Company Profile Threshold Services Inc. will be the name of the entity that would sign the agreement if we were the successful proposer. We do not do business under any other names. Our primary point of contact for the purposes of this proposal is Chris Lynch, President, Board of Directors. Our business office address is 380 Von Scheele and our operating hours are Monday through Friday 8 to 4:30. This is also where materials will be processed. We are a corporation doing business in the state of Alaska. We are a 501(c) 3 and 509 (a) 2 organization. We have been in business since 1984. Our corporate officers are Chris Lynch, President, Ellen Simeonoff, Vice President, Gennifer Moreau, Secretary and Maggie Rocheleau, Treasurer. We have 5 core staff and up to 15 disabled workers. There are no other entities involved in this proposal nor is this a joint venture. Our Federal Tax ID Number is 920102916. 2. Management Experience Richie Pillans is our Plant Manager with 4 years of hands on experience at the plant. He is responsible for managing day to day recycling activities including but not limited to assignment of staff, material processing and shipping. Ritchie also researches alternative recycle options and cutting edge technology. He coordinates and manages vendors. He researches other recycling processors. Ritchie coordinates billing, data collection and input. He is an important asset to our organization's success. Chris Lynch, Board President will be our primary contact. She has over 20 years of solid waste experience. She has been involved with TSI in various capacities over the past 10 years. Chris is a civil engineer that has experience in building and operating landfills and other solid waste facilities. TSI Board of Directors offers a broad spectrum of skills. Our board has recycling, management, human resource and community outreach expertise. Board members are always willing to provide input and help when necessary. TSI is currently advertising for an Executive Director. When we have filled that position, that person will become our primary contact. 3. References TSI currently holds the KIB contract. We have provided recycling to the Kodiak Island Borough for over 12 years. Contact person: Tracy Mitchell, Environmental Specialist, 486 -9348. We have also provided recycling services to the USCG. We held this contract for 2 years. Contact person: CWO Steve Allbee, 487 -5320. Prior to an actual contract TSI processed miscellaneous recyclable materials for over ten years from the Base. 4. Regulatory Compliance TSI has complied with federal, state and local environmental regulations. We recently purchased our building with a low income mortgage from the USDA. This financing required a significant environmental assessment be performed. No violations were determined. We also recently completed upgrades to our facility through a grant from the USDA which also required inspections by the State Architect. Once again no violations were found. 5. Technical Proposal Methods of processing TSI will collect and process cardboard, mixed paper /paperboard, newspaper, plastic ( #1 and #2), aluminum cans and office paper. We will collect recyclables from the 6 collection/drop stations located throughout the community for the public to drop off their recyclables. Collection is done with a van truck, driver and one additional laborer and materials are delivered to the plant on Von Scheele Ave. KIB collection contractor will deliver cardboard recycling containers directly to our plant. Materials are separated for processing. Description of proposed markets or processors that will be utilized We currently ship our recycled materials to SEA- DRU -NAR in Seattle, Washington. They are a recycle processor that provides vocational rehabilitation to recovering drug and alcohol abusers. Special equipment We have a Harmony vertical baler for preparing cardboard for shipping. Aluminum, plastic, newspaper and mixed paper are placed on a tipper unit and then dumped into a Harmony automated baler with a conveyor. Plastic is run through a perforator to reduce air space for more efficient shipping. All material is weighed on a certified scale to be properly manifested. Material will be stored prior to shipment Prior to shipment, material will be stored at our Von Scheele facility. 6. Plan to meet Quarterly Benchmarks In order to meet the quarterly benchmarks established in the request for proposal TSI plans to continue to provide the same quality recycling service that we have been providing the community for over 20 years. The amount of recycled materials picked up by and delivered to TSI has increased consistently 10% every year for the past 5 years. TSI provides free of charge recycle event containers to organizations such as the Chamber of Commerce to increase recycling awareness. We have worked with teachers in the various schools to do presentations, give plant tours, etc. to educate children at an early age regarding the importance of recycling. We offer a recycle pick -up program to businesses around town where we pick up recycled materials at their place of business for a fee. We are currently investigating starting a curbside pick up program to further capture more of the recycle market. TSI sees no reason not to expect to process the quantities established in this RFP; we predict those quantities would be exceeded. 7. Rate Proposal TSI has hired the McDowell Group to prepare a cost benefit analysis and business plan for our organization. This plan included an evaluation of our existing costs and fees charged and incurred by TSI and development of a proper fee schedule for services. It was determined that the current rate that TSI is paid is what is necessary for sustainability of our organization. This fee is also fair and reasonable compared with our competitors. We cannot process recyclable materials for less than $380 /ton. 8. Contract Exceptions TSI will only collect recyclable materials from the 6 collection/drop stations located throughout the community. This is a recycling processing services contract not a collection contract. We take exception the $150 /ton and propose $380 /ton. We have done extensive research on this fee and would like to make a presentation of our findings if given the opportunity. TSI believes that the amount of recycled materials processed will exceed the amount specified in the RFP. We would suggest compensation of $380 /ton for materials collected on behalf of the KIB in excess of 866 tons. TSI takes exception to "no rate increase ". If the contract extension options are exercised, TSI would expect a 5% increase per year of extension to the unit rate to compensate for inflation. TSI takes exception to the customer communication section of the draft agreement. A customer service representative was not a requirement listed in the actual request for proposal. While we will provide primary point of contact, we do not offer this type of service, the KIB is our customer. We are not providing individual household services only processing services. TSI takes exception to the Complaint Resolution section of the draft agreement. While we will do our best to address complaints, the KIB is our customer. We are not providing individual household services only processing services. 1111 McDowell G R O U P Date: To: Cc: Re: From: Background July 9, 2009 Kodiak Island Borough Assembly Threshold Recycling Cost Analysis Scott Miller, Senior Consultant McDowell Group is an Alaska consulting firm based in Juneau and Anchorage. For more than three decades McDowell Group has worked with public and private sector clients throughout the state to improve the economic, social and cultural wellbeing of Alaskans. I have been a senior consultant focusing on program and organizational planning and evaluation for 15 years, eleven of those with McDowell Group. A brief resume is attached. The Threshold Recycling board of directors asked McDowell Group for business planning assistance, including analysis of the need for various services and the costs associated with providing those services. The goal is to develop a long -term business model that can achieve Threshold's dual mission of ensuring that Kodiak has effective recycling services and providing needed employment services to residents with disabilities. To date, McDowell Group has completed four major tasks: Research -Based Consulting Juneau • Anchorage • Background research on potentially comparable recycling and vocational services in other areas • Review of the Kodiak Island Borough Solid Waste Management Plan and current recycling and solid waste RFPs along with other documents and contracts relevant to Threshold's past operations • Telephone interviews with approximately 15 Kodiak businesses and organizations that have participated in recycling • A week -long, on -site assessment of Threshold's operations and financial information including the following: o Observation of operations at various times of day, including field collection points o Multiple interviews with the plant manager and the current and previous bookkeepers o Detailed review of financial statements, shipping documents, contracts and other records o Two meetings with the board of directors o Development of a spreadsheet model for analyzing the effects of different cost and revenue components on operating results 9360 Glacier Highway, Suite 201 • Juneau, Alaska 99801 • Tel 907.586.6126 • Fax 907.586.2673 www.mcdowellgroup.net Purpose of this Memo McDowell Group's work for Threshold is approximately two- thirds complete. The tasks remaining include additional research on potential operating models and funding sources and refinement of cost and revenue estimates. Although McDowell Group's work is not yet finished, the Threshold board requested that we provide the Assembly with a summary of our conclusions with respect to Threshold's cost of providing services. These preliminary findings are based on the tasks described above. General Conclusions • Other recycling programs that employ disabled workers tend to be much larger, located near markets for recyclable materials, and subsidized by state and federal programs and grants. For example, Orange Grove Center in Chattanooga provides a variety of training and employment services, one of which is sorting recyclables at 10 drop -off centers and operating a central facility that processes 1 .5 million pounds per month. Orange Grove Center has an annual budget of $33 million, $29 million of which comes from govemment. • The most practical cost - saving step for Threshold in the short run is to eliminate pick -ups and accept only materials that are delivered to the facility. Threshold loses money on commercial pick -ups. The expenses associated with off -site collection activities — primarily truck fuel, maintenance, insurance and depreciation plus the cost of a driver and sometimes a vocational - client helper — are substantially more than the current charge of $10 per commercial pickup can cover. • A number of Threshold's other services likely lose money as well. These include processing of fluorescent bulbs, refrigerant capture and paper shredding. The reason is that relatively low demand makes it difficult to staff these services efficiently. Daily, weekly and seasonal variation in the main recycling stream adds to the staffing challenge. • Processing costs could be reduced somewhat by eliminating some or all sorting of paper and plastics. Proceeds from the sale of the materials would also go down if they were shipped as a single, mixed stream. Further analysis is needed to determine the extent, if any, of overall savings under different scenarios for material prices. However, eliminating sorting would also eliminate most of Threshold's employment/training opportunities for disabled workers. • A larger recycling stream could cut costs by justifying more automation. Moderate capacity increases (up to double current capacity) can be accomplished by adding a swing shift, but this would not lower per -unit operating costs. Automating for efficiency would require 1) long -term contracts along with larger volumes to justify the investment, 2) sacrifice of some vocational rehabilitation positions, at least until the volume of material becomes much larger and disabled workers could be employed in more peripheral roles than currently, and 3) a plan for expanding or relocating the building to accommodate future increases in volume so that the equipment may be fully employed. • Some improvement in efficiency could be obtained in the short run with modest investment. Space limitations impose inefficiencies, for example the need to move plastics to an upper level for sorting and down again for baling using forklifts and large totes. Threshold management has identified a way to improve workflow somewhat with an inexpensive system of large bins on the upper level. Significant cost savings would require a substantially more automated process and more space, however. • Threshold should seek additional grants and possibly medical or social services reimbursements to more fully support its vocational rehabilitation functions. It will require an executive director position of at least half time to accomplish this and to continue community outreach and education activities. McDowell Group Page 2 Conclusions Based on the Borough Solid Waste Management Plan Threshold cannot solve Kodiak's recycling challenges alone. The Solid Waste Management Plan summarizes a number of key recycling challenges for the community of Kodiak and points out that solutions will require a coordinated effort between government, the public, the solid waste handler and the recycler. For example, the Solid Waste Management Plan identifies the following key components for cost- effective recycling on pages 27 and 39: o A modernized, cart-based refuse collection that integrates recycling pick -up o A centralized recycling facility situated on approximately 5 acres o Public assistance to offset "KIB's geographical location, distance from markets, and comparatively small waste stream." o A fee structure for refuse that gives citizens incentive to recycle. The fee structure needed is "pay as you throw" (PAYT), meaning that households and businesses are charged according to the amount of waste they create and the cost of both current and future landfilling. This places a clear dollar value on waste reduction and diversion. Based on McDowell Group's analysis, Appendix J of the Solid Waste Management Plan. while a useful planning exercise. does not closely reflect Threshold's actual costs. This appears to be because Appendix J does not include the full overhead needed to run an independent organization, but rather describes an operating division with no public role (such as education and outreach) and little or no administrative management. It also appears to describe an operation that is largely automated. Based on its 2008 income statement, Threshold has many costs that differ from Appendix J, including: o Collection /vehicle costs, not included in Appendix 1, which amount to roughly $40,000 per year for a van and part-time driver. o Lower non -labor facilities costs because Threshold uses recycled vegetable oil for heat. (Threshold's cost consists of labor to collect and prepare the oil.) o Higher administrative costs because Threshold requires an executive director, at least part- time, to perform administrative and financial oversight, community outreach, grant writing and reporting and other management functions. o A much higher variable labor cost than what is shown in Appendix 1. Much of the difference undoubtedly is because Threshold does so much hand sorting. However, it is difficult to understand how Appendix 1 can project $25 per ton in variable processing costs, including labor, insurance, utilities and other costs. Even under a bare -bones scenario with an average wage of $12 per hour and the equivalent of 3 FTEs per day devoted to processing, Threshold must pay in the neighborhood of $125 per ton for variable processing labor, not including hand sorting of paper and plastics, pick -ups, and ancillary services such as tires, fluorescent bulbs, computers, and shredding. A one -year contract with fees equal to variable cost has several important disadvantages with respect to long -term sustainability. First, such a contract does not support investment to improve the facility and equipment. Second, it does not support an executive director position to manage the organization. Third, it does not provide Threshold or the Borough with direction or capacity for a long -term recycling program. Since lack of a long -term. coordinated approach makes it nearly impossible for recyclers or waste haulers to propose the most economical services to the Borough, the Borough should invite all interested parties to participate in discussions toward that end as soon as possible. Specific direction for developing a coordinated, economical approach already exists in the Guiding Priorities from KIB Resolution #FY 2008 — 22, which are referenced in section 5.3 of the Solid Waste Plan (p. 27 -28). McDowell Group Page 3 Conclusions Based on Analysis of a "Bare- Bones" Operating Scenario After discussions with the Threshold plant manager, bookkeepers and board members, McDowell Group developed a cost/revenue model to examine the relationships between fixed and variable costs at various recycling volumes. The following variable costs reflect bare -bones operations with no executive director and minimal ancillary services such as commercial pick -ups and processing of materials such as fluorescent bulbs, refrigerants, computers, etc. Threshold is projected to achieve a total variable cost per ton of approximately $325, but only if it cuts staffing, pick -up services and outreach to a minimum. At a contract fee of $325 per ton, Threshold should be able to break even in the short run provided that the market for recycled materials recovers to at least one - third of early 2008 levels and that Threshold continues to obtain favorable shipping rates. Since $325 per ton covers only variable costs, revenue from materials sales and grants are critical to cover the bulk of Threshold's fixed costs. Labor costs are the main determinant of Threshold's production cost. Under a bare -bones scenario, Threshold's variable cost for labor only would be approximately $230 per ton and total labor cost would be approximately $255 per ton. Modeling Assumptions Assumptions needed for the model include the price paid for recycled materials in Seattle, the cost of shipping between Kodiak and Seattle, and an estimate of Threshold's fixed costs. The model also provides for inputting various labor scenarios. The price for recycled materials was computed as a percentage of the prices paid by Threshold's principal purchaser (in Seattle) in April 2008. The percentage may be varied and is currently set at 30 percent. This may be optimistic. The Borough's Solid Waste Management Plan Appendix J assumes a negative value for future recycled materials. Future shipping costs are another important unknown. Shipping cost in the model has been set to reflect the cost of Threshold's most recent shipments, which is higher than in the past, but still below market. For example, costs incurred by the City and Borough of Juneau for similar services earlier this year were more than $1,600 per van ($62.74 per ton), significantly higher than Threshold's current costs. Threshold's fixed costs are estimated at a minimum of $88,000 per year, based on its 2008 and 2009 year -to -date income statements. This is a minimum for two reasons. First, while it covers a half -time plant foreman, it does not include funds for an executive director, which severely hampers Threshold's long -term viability as an organization. Second, the fixed cost estimate does not include depreciation of plant and equipment because all major equipment has been donated or grant- funded, a major cost advantage over a for - profit business. McDowell Group Page 4 SCOTT MILLER, SENIOR CONSULTANT, MCDOWELL GROUP, INC. Scott has been an organizational, public policy, and planning consultant for 15 years, including ten years at McDowell Group and four years with the firm of Brody & Weiser in Branford, Connecticut. He holds a Master's Degree in Public and Private Management from Yale University and a BA from Williams College. Scott leads many of McDowell Group's most challenging projects. He uses needs - research, organizational analysis, strategic planning, facilitation, and program evaluation to help organizations match their staffing, systems and financial assets to the demands of their missions and the marketplace. Scott enjoys working with multi - disciplinary consulting teams and social ventures and agencies of all sorts. His 100+ McDowell Group projects include several major marketing and service studies for the Alaska Marine Highway System, the first comprehensive review of the Denali Commission's $800 million rural development grant programs, development of state economic strategies to maximize the value of the Alaska commercial seafood resource, an analysis of global markets for Alaska forest products, and the first assessment of the Alaska Guardianship System. Prior to joining McDowell Group, Scott was a senior analyst with Brody & Weiser Organizational Consultants in Branford, Connecticut. There he specialized in strategic planning for ventures that have public as well as financial goals. For American Public Radio (now Public Radio International), he helped develop new pricing policies based on primary research into the price /value relationship in radio programming. He helped create a new model for statewide delivery of business technical assistance and low- interest lending in Connecticut and conducted a market assessment and other due diligence for a multi - million dollar investment by a major foundation in minority-owned banks in Los Angeles. Under contract to the Ford Foundation, Scott performed management assessments of low- income housing developers and was part of a team of analysts whose evaluation of the National Arts Stabilization Fund led to a restructuring of one of the nation's largest arts - assistance organizations. Originally from New York City, Scott has lived and worked in Alaska since the mid- 1970s, primarily in Juneau where he enjoys sailing, woodworking, and writing and recording original music. McDowell Group Page 5 KODIAK ISLAND BOROUGH Engineering & Facilities 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9343 (p) (907) 486 -9394 (f) MEMORANDUM DATE: July 8, 2009 TO: Rick L. Gifford, Manager THRU: Woody Koning, Director of Engineering and F at FROM: Tracy L. Mitchell, Environmental Specialisgw. RE: Threshold Contract The existing landfill budget has $130,000 for recycling services. However, the estimated cost of the Threshold contract is $281,450 which would be a deficit of $151, 450. In order to balance the budget and account for this shortfall it is recommended that rates be increased. The following are two options to account for the required revenue. 1. Rate increase of $4.25 for Residential, Commercial Can and Commercial Home. 2. Rate increase of $2.25 for Residential, Commercial Can and Commercial Home Plus Rate increase of approximately $18 /month for Commercial Dumpster accounts (the proposal is to raise dumpster tip rates, across the board, $4.50; assuming 4 tips /month cost would be $18). Residential, Commercial Can and Commercial Home user fees were increased in FY04. Commercial dumpster user fees were increased in FY04 and FY06. Commercial dumpster accounts are currently structured to pay for the amount of waste that they generate and are subsidizing the residential rate (p. 30, Section 6.1 and p. 32, Section 6.2.2 of the KIB Solid Waste Management Plan). KIB Draft Solid Waste Plan August 2008 6.0 Description of Options for System Components 6.1 Collection Emphasize operational efficiency for residential refuse pickup by adopting a uniform system using standardized carts for storage emptied by either semi — automated or fully — automated vehicles where logistically feasible. For example, all involved residences would be offered a cart in three different sizes — say, 48, 65, or 95 gallons. Each residence picks a cart appropriate to its waste generating behavior. The rate would vary for each cart size, with the larger cart costing more. Every extra cart would be charged at a rate equal to, or greater than, the first cart. This approach is consistent with having a variable, "Pay — As — You — Throw" residential rate structure similar to what exists now in the commercial sector where cost is directly connected to the amount of trash set out for collection. 6.2 Procuring of Collection Services Photo 4: 96 and 4th gallon carts One of the primary objectives of this Plan is to procure collection services for the KIB. Before an RFP for collection services is issued to potential vendors the following questions on the future solid waste and recycling collection system need to be considered, and a decision reached by the members of the Assembly. Once a decision has been reached, Borough managers and the consultant will develop an RFP that incorporates the policy direction provided by the Assembly. 6.2.1 Should Kodiak implement a cart system for collecting garbage and recyclables from residences and small businesses? The existing manual method of residential collection is Tabor- intensive, out -of -date, inefficient, and unsafe. Waste is set out for collection at the curb in cans, carts, bags, boxes, or loose. Collection crews of one, two or three people, one driving the truck and the other(s) collecting the waste by hand, pick up the trash and throw it into the rear of the truck. There are two ways to collect waste using the cart — based system: semi — automated and fully automated. Semi — Automated Trash is collected using standardized roll carts and dumped into the truck with a hydraulic cart tipper. Crew size for a semi - automated collection route is one. The truck is equipped with a steering wheel on the right side of the cab so the driver can stand while driving from house to house. Rather that picking up various containers or bags by hand, the driver rolls the cart onto the tipper affixed to the truck where the mechanized lift dumps the materials into the hopper. r o t /Ben& Associates, Inc. 30 t KIB Draft Solid Waste Plan August 2008 It is recommended that curbside refuse collection be expanded to include not only residences in the City of Kodiak but also the metropolitan and outlying, rural areas of KIB on the road system. In the more urban sections of the City and Borough regular roll carts would be provided. Residential customers in the outlying, rural areas of the Borough will get collection at the curb with bear - resistant roll carts similar to the ones currently being utilized in Anchorage, based on an investigation into the applicability of the Anchorage containers to KIB. Photo 6: Bear Resistant Cart Hybrid System There are three manufacturers that build a collection body and system to collect carts either fully automated, semi - automated, or manually. This gives the waste collector the flexibility to utilize one truck for various circumstances. For example, collection in town could be fully automated and in the remote areas that would use bear resistant carts, the driver could move to semi - automated. 6.2.2 Should rates be variable, that is, a Pay -As- You -Throw structure based on the size / number of the cart(s) / container(s) and the frequency of collection? Pay -As- You -Throw (PAYT) is a method of setting collection rates based on the amount of waste set out for collection. This method creates a direct economic incentive to recycle more and /or to generate less waste. Two key considerations for PAYT on Kodiak are rate equity and economics. PAYT treats garbage collection the same as other utilities in that customers pay for the services they consume. Secondly, PAYT would eliminate waste generators that are currently subsidized in the existing system by setting rates at a cost of service for both residential and commercial services. This is a fair and equitable approach to establishing collection and disposal rates. 6.2.3 If a cart collection program is implemented, should the utilization of community dumpsters be discontinued where curbside waste collection is provided? The City of Kodiak is one of a few jurisdictions in the United States where duplicative residential services are offered — residential curbside collection of waste and local dumpsters for additional disposal. While the community dumpster program is popular with many residents, it's also expensive and wasteful. As noted earlier, the cost of the program in 2007 for the approximately 33 containers located within the metropolitan area was estimated at $599,284. Revenue generated from Borough customers @ $31 per month covers $555,396, leaving a shortfall of $43,887. In addition to regular garbage, many items disposed in the community dumpsters are large and bulky such as televisions and furniture that normally would be self - hauled to the landfill. The community dumpsters provide an ideal way for individuals to avoid the responsibility of paying for disposal, thus creating increased costs to the overall solid waste management system. G Bell & Associates, Inc. 32 TITLE: Resolution No. FY2010 -03 Approving Fiscal Year 2010 Kodiak Island Borough Non - Profit Funding. SUMMARY: This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2010 budget to various non - profit agencies. FISCAL NOTES: See attached spreadsheet APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -03. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ITEM NO: 13.B.1 1 Introduced by: Manager Gifford 2 CORRECTED Requested by: Assembly Drafted by: Finance Director 3 4 VERSION Adopted on: on: 07/16/2009 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -03 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 APPROVING FISCAL YEAR 2010 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - 13 profit organizations that provide services that enrich our lives; and 14 15 WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that 16 many of our community members rely upon; and 17 18 WHEREAS, these organizations provide expanded education, cultural, and health services that 19 cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS, these organizations expand the services that can be provided, with limited funds, 22 through the utilization of volunteers; and 23 24 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the 25 community. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that the Kodiak Island Borough fiscal year 2010 budget includes contributions to 29 non - profit organizations in the amounts indicated on the attached page of this resolution 30 contingent upon the provision of each organization of its 501C3 documentation. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS DAY OF 2010 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 40 Jerome M. Selby, Borough Mayor 41 42 ATTEST: 43 44 45 46 47 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -03 Form Ver. 06/30/2009 Page 1 of 1 CORRECTED SPREADSHEET FY2010 NON - PROFIT FUNDING BUDGET DETAIL Organization HEALTH & SOCIAL SERVICES 1 American Red Cross 2 Brother Francis Shelter 3 Hope Community Resources 4 Kodiak Area Transit System 5 Kodiak Baptist Mission (Food Bank) 6 Providence Counseling Center (Safe Harbor) 7 Kodiak Island Health Care Foundation (Clinic) 8 Kodak Women's Resource & Crisis Center 9 Salvation Army 10 Senior Citizens of Kodiak 11 Speclat Olympics 12 Threshold Services 13 Humane Society HEALTH & SOCIAL SERVICES SUBTOTAL EDUCATION, CULTURE & RECREATION 14 KANA (WICA.P/Fasn i Center) 15 Kodiak Public Broadcasting 16 Kodiak Arts Council 17 Kodiak Football League 18 Kodiak am Scouts 19 Kodiak Head Start 20 Kodiak Island Sportsman's Association 21 Kodiak idle League 24 Kodiak Teen Court* 25 Audubon Society 27 Kodiak Island Bed & Breakfast Assoc 28 Kodiak Rodeo & State Fair EDUCATION, CULTURE & RECREATION SUBTOTAL *requesting space rent in lieu of cash donation FY09 FY10 FUNDING REQUEST $ 7,000 $ 7,000 40,000 40,000 5,000 5,000 10,000 15,000 27,000 35,000 21,060 21,060 15,000 30,000 50,764 50,751 9,060 10,000 28,000 35,000 7,500 7,500 10,315 10,315 2,000 5,000 $ 232,699 $ 271,626 Budget $268,000 Available $2,374 $ 12,000 $ 12,000 7,500 7,500 15,000 15,000 3,000 3,000 1,000 1,000 9,000 9,000 4,000 5,100 3,000 7,500 5,100 5,100 1,300 1,300 5,500 10.000 $ 60,900 $ 82,000 Budget $73,434 Available $9,434 Total Available FY10 ASSEMBLY FUNDING $ 7,000 40,000 5,000 15,000 35,000 21,060 $ 25,000 50,751 10,000 35,000 7,500 10,315 $4,000 $ 265,626 12,000 7,500 15,000 1,000 9,000 5,100 $5,000 5,100 1,300 64,000 $11,808 Application Received? 501(c)3 due 4/30/08 on file 04/01/09 04/08/09 04/23/09 03/26/09 04/30/09 04/30/09 04/13/09 04/17/09 04/03/09 03/26/09 04/29/09 04/30/09 04/27/09 04/22/ 041'30109 04/29/09 )4/28109 04/21/09 04/07/09 04/30/09 04/30/09 03/31/09 04/01/09 04/30/09 04/30/09 yes yes Yes Yes yes yes yes yes yes yes Ys yes yes Yee yes yes Yes Yes yes yes yes yes no no no TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development Association. SUMMARY: The Kodiak Island Borough and City of Kodiak have jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. The by -laws further state that appointments shall take place annually, at July meetings of the Assembly and City Council, and that Directors shall have staggered three year terms of office. Attached is an email indicating Mr. Tuck Bonney's interest in continuing his service as the Borough's crab processor representative. Mr. Jerry Bongen gave verbal confirmation to the Borough Manager of his intention to continue serving as the Borough's crab harvester representative. The following individuals are appointed as Directors of the Kodiak Fisheries Development Association, with the noted terms. City Appointees: Crab Processor Rep. - Mike Woodruff (7/10) (appointment) Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment) Joint Appointees: (discuss at the next joint work session) Stosh Anderson (7/10) (joint appointment) Donna Jones (7/08) (joint appointment) Laine Welch (7/08) (joint appointment) Borough Appointees: Crab Processor Rep. — Tuck Bonney (7/12) (reappointment) Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment) APPROVAL FOR AGENDA: Form Ver. 06/30/2009 RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -05. ITEM NO: 13.B.2 1 Introduced by: Manager Gifford 2 Requested by: Borough Assembly 3 Drafted by: City Manager/ Borough Clerk 4 Introduced on: 07/16/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -05 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPOINTING 11 MEMBERS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION 12 13 WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea /Aleutian 14 Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management 15 Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and 16 17 WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC) 18 and in connection with such designation the Kodiak Island Borough and the City of Kodiak have 19 the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor 20 quota shares (PQS) allocated under the Program; and 21 22 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak 23 have jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's 24 eligible crab community entity (ECCE) having the authority to do so on their behalf; and 25 26 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for 27 appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and 28 the Kodiak City Council; and 29 30 WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until their 31 successors are appointed and qualified; and 32 33 WHEREAS, Tuck Bonney, the Borough's crab processor representative and Jerry Bongen, the 34 Borough's crab harvester representative have both indicated they wish to continue serving on the 35 KFDA board. 36 37 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that the following individuals are appointed as Directors of the Kodiak Fisheries 39 Development Association, with the noted terms: 40 41 City Appointees: 42 Crab Processor Rep. - Mike Woodruff (7/10) (appointment) 43 Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment) 44 45 Joint Appointees: 46 Stosh Anderson (7/10) (joint appointment) 47 Donna Jones (7/08) (joint appointment) 48 Laine Welch (7/08) (joint appointment) 49 50 Borough Appointees: 51 Crab Processor Rep. — Tuck Bonney (7/12) (reappointment) 52 Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment) 53 Kodiak Island Borough Resolution No. FY2010 -05 Page 1 of 2 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 THIS DAY OF 2009 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerome M. Selby, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -05 Page 2of2 CITY OF KODIAK RESOLUTION NUMBER 09-09 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK, RESCIND- ING RESOLUTION NO. 07 -23 AND APPOINTING MEMBERS TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea/Aleutian Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs; and WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC) and in connection with such designation the City of Kodiak and the Kodiak Island Bo- rough have the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor quota shares (PQS) allocated under the Program; and WHEREAS, to exercise the ECC ROFR the City of Kodiak and the Kodiak Island Borough have jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's eligible crab community entity (ECCE) having the authority to do so on their behalf; and WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for appointment of Directors to the Board of the KFDA by the Kodiak City Council and the Kodiak Island Borough Assembly; and WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until their successors are appointed and qualified; and WHEREAS, Dave Woodruff, the City's crab processor representative, passed away earlier this month, and the City desires to appoint his son, Mike Woodruff; and board. WHEREAS, current director Jeff Stephan has requested reappointment to the KFDA NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, by the Council of the City of Kodiak Alaska that the following individuals are appointed as Directors of the Kodiak Fisheries Development Association, with the noted terms: City Appointees: Crab Processor Rep. - Mike Woodruff (7/10) (appointment) Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment) Joint Appointees: Stosh Anderson (7/10) (joint appointment) Donna Jones (7/08) (joint appointment) Laine Welch (7/08) (joint appointment) Resolution No. 09-09 Page 1 of 2 ATTEST: Borough Appointees: Crab Processor Rep. — To be appointed by the Kodiak Island Borough Crab Harvester Rep. — To be appointed by the Kodiak Island Borough Resolution No. 09 -09 Page 2 of 2 CITY CLERK CITY OF KODIAK Adopted: April 21, 2009 MAYOR Nova Javier From: Tuck Bonny [ tbonney @alaskapacificseafood.com] Sent: Tuesday, June 09, 2009 10:45 AM To: Nova Javier Subject: RE: Application to the KFDA Nova, please put me down. Tuck From: Nova Javier [mailto:njavier @kodiakak.us] Sent: Tuesday, June 09, 2009 10:41 AM To: Tuck Bonny Cc: Rick Gifford Subject: Application to the KFDA Hi Tuck, You mentioned that you're interested in continuing your service on the Kodiak Fisheries Development Association. Attached is the application or you can fill out the application online at http://www.kodiakak.us/forms.aspx?FID=72 If you do not have the time to fill out the application, a response to this e-mail stating your intent would also suffice. I'm hoping you're having a great summer! Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. 1 8a. Metals $275.00 /ton/$9O.00Iton 8b. Vehicles up to 7,000 pounds $475.004450:00 per vehicle TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ITEM NO: 13.B.3 Resolution No. FY2010 -02A Amending Resolution No. FY2010 -02 Amending the Fees of the Kodiak Island Borough. KIBC 3.10.190 ordains that all fees of the Kodiak Island Borough be reviewed on an annual basis. The FY2010 schedule of fees was approved on May 21, 2009. At the July 9, 2009 work session, the Assembly expressed the intent to issue a request for proposal for metals recycling in Kodiak and until a contract is awarded, the Assembly wishes to amend page 11 of the FY2010 fee schedule as follows: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -02A. 8a. Metals $275.00 /ton /$90.00I ton 8b. Vehicles up to 7,000 pounds $475.004450.00 per vehicle page 11 of the fee schedule for FY2010 as follows: Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: KIB Clerk Introduced on: 07/16/2009 Adopted on: 1 2 3 4 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -02A 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING RESOLUTION NO. FY2010 -02 AMENDING THE FEES OF 11 THE KODIAK ISLAND BOROUGH 12 13 WHEREAS, prudent financial management dictates that an organization review its fees on at 14 least an annual basis; and 15 16 WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an 17 annual basis; and 18 19 WHEREAS, it is recognized that if a service or program benefits only a select individual or 20 group of individuals, those individuals or group of individuals should pay for the service; and 21 22 WHEREAS, staff has compiled a list of all current fees which was approved by Resolution No. 23 FY2010 -02 on May 21, 2009; and 24 25 WHEREAS, at the July 9, 2009 work session, the Assembly expressed the intent to issue a 26 request for proposal for metals recycling in Kodiak; and 27 28 WHEREAS, until the metals recycling contract is awarded, the Assembly wishes to amend 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT this amendment becomes effective upon adoption of this resolution. 34 35 36 37 38 39 40 41 42 43 44 ATTEST: 45 46 47 Nova M. Javier, MMC, Borough Clerk ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2009 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2010 -02A Page 1 of 1 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ITEM NO: 13.C.1 Ordinance No. FY2010 -03 Authorizing The Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $76,310,000 To Finance The Planning, Design And Construction Of School And Related Capital Improvements In The Borough Including Without Limitation The Reconstruction And Renovation Of The Kodiak High School, And To Submit The Question Of The Issuance Of Such Bonds To The Qualified Voters Of The Borough At The October 6, 2009 Regular Borough Election. SUMMARY: The Kodiak Island Borough School District desires to renovate the Kodiak Island High School and construct additional facility space. Educational requirements have changed since Kodiak High School was originally constructed in 1966 as a regional education center. The instructional space available for Kodiak High School does not support the instructional programs which are needed to prepare our high school students for success in the world marketplace. The current state debt service reimbursement plan provides that the State of Alaska will reimburse the Borough for not less than 60% of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough between October 1, 2006 and November 30, 2010, to pay costs of school construction, additions to schools, and major rehabilitation projects. The Kodiak Island Borough School District's educational mission is severely compromised by facility limitations at Kodiak High School. FISCAL NOTES: Expenditure Required: Total principal and interest costs will be $120,465,845, after state reimbursement of approximately 65% the total cost to the Borough will be $42,163,046. This may require a mill rate increase of 2.31 mills. Borough Code Section 3.05.030, Debt policies, states "Net debt as a percentage of the market value of taxable property should not exceed 5 % ". 5% of the market value of taxable property in the Borough is $913,014,985. At the current time the Borough's net debt is 2.08% of the market value of taxable property, this bond issue would increase it 2.93% for a total of 5.01 %. Borough Code Section 3.05.030, Debt policies, goes on to say "the ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent." FY2009 governmental expenditures were $26,586,955. 20% of these expenditures would be $5,317,391. Our debt service expenditures for FY2010 are budgeted at $4,076,799 or 15 %. The sale of these bonds would increase this ratio to 23 %. Many governments have higher ratios than these and if the ballot passes we can change our code by ordinance. APPROVAL FOR AGENDA: d RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -03 in first reading to advance to public hearing at the next regular meeting of the Assembly. Form Ver. 06/30/2009 1 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Amended: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -03 Manager Gifford School Board /Assembly Finance Director /Bond Counsel 07/16/2009 08/06/2009 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $76,310,000 TO FINANCE THE PLANNING, DESIGN AND CONSTRUCTION OF SCHOOL AND RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH INCLUDING WITHOUT LIMITATION THE RECONSTRUCTION AND RENOVATION OF THE KODIAK HIGH SCHOOL, AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 6, 2009 REGULAR BOROUGH ELECTION WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation debt only after a bond authorization ordinance is approved by a majority of those voting on the question at a regular or special election; and WHEREAS, educational requirements have changed since Kodiak High School was originally constructed in 1966 as a regional education center; and WHEREAS, Kodiak High School's design shortfalls were recognized and multiple remodeling projects have been completed to bring the facility into code compliance; and WHEREAS, the last addition of vocational or academic space to Kodiak High School occurred in 1972; and WHEREAS, in the late 1980s enrollment at Kodiak High School grew beyond 500 students and a four -phase reconstruction project began; and WHEREAS, the fourth phase of the above project, which would have addressed needed additional academic instructional space, was never started; and WHEREAS, enrollment at Kodiak High School has soared from 550 students to as high as 850 over the past twenty years and is forecasted to remain at approximately 800 students into the foreseeable future; and WHEREAS, enrollment projections demonstrate a continued enrollment of 200 or more students above the capacity of the existing Kodiak High School educational facility; and Kodiak Island Borough Ordinance No. FY2010 -03 Page 1 of 5 48 WHEREAS, providing the space that currently is needed for Kodiak High School instruction 49 requires the use of community schools facilities, auditorium space and rented space, as well as 50 overcrowding of the existing high school facilities; and 51 52 WHEREAS, the instructional space available for Kodiak High School does not support the 53 instructional programs which are needed to prepare our high school students for success in the 54 world marketplace; and 55 56 WHEREAS, the current state debt service reimbursement plan provides that the State of 57 Alaska will reimburse the Borough for not less than sixty percent (60 %) of debt service on the 58 eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1, 59 2006 but before November 30, 2010, to pay costs of school construction, additions to schools, 60 and major rehabilitation projects; and; 61 62 WHEREAS, the Board of Education and Borough Assembly have commissioned an architect 63 to fully evaluate reconstruction options that support the kind of programs necessary for Kodiak 64 High School to fully meet the educational expectations defined by our community; and 65 66 WHEREAS, the conceptual process has undergone two years of refinement; and 67 68 WHEREAS, the educational facilities and space survey identified that a substantial remodel 69 and new expansion of Kodiak High School will meet instructional space needs in grades K -12 70 throughout our community; and 71 72 WHEREAS, the Kodiak Island Borough School District's educational mission is severely 73 compromised by facility limitations at Kodiak High School; and 74 75 WHEREAS, the Board of Education believes the District would be best served by all District - 76 wide services being congregated in renovated space in the existing Kodiak High School 77 building; and 78 79 WHEREAS, public feedback since the first bond election in 2008 has yielded a more cost - 80 effective design for the renovation and expansion of Kodiak High School; and 81 82 WHEREAS, funding for further architectural design work and cost estimation for the 83 renovation and expansion of Kodiak High School depends on voter approval of a bond 84 ordinance for the project; and 85 86 WHEREAS, the School District has identified grants and industry-based tax incentive 87 programs which could fund millions of dollars towards the Borough's debt service for 88 construction of Kodiak High School, but for which an application can be submitted only after a 89 bond ordinance is approved; and 90 91 WHEREAS, the Borough and School District will continue to seek and apply for additional 92 grants and reimbursement options to reduce the debt service cost of the renovation and 93 expansion of Kodiak High School; and 94 95 WHEREAS, $4,490,000 in proceeds of Borough school bonds previously issued for school 96 repair and replacements projects is available for the renovation of Kodiak High School; and 97 Kodiak Island Borough Ordinance No. FY2010 -03 Page 2 of 5 98 WHEREAS, the Borough views the school and related capital improvements authorized 99 herein as necessary and beneficial to the community; 100 101 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 102 BOROUGH THAT: 103 104 Section 1: This ordinance is not of a general or permanent nature and shall not become a 105 part of the Kodiak Island Borough Code of Ordinances. 106 107 Section 2: It is hereby determined to be for a public purpose and in the public interest of the 108 Borough to incur general obligation bonded indebtedness in an amount not to 109 exceed Seventy Six Million Three Hundred and Ten Thousand Dollars 110 ($76,310,000) for the purpose of paying the cost of planning, design, 111 construction, furnishing and equipping of school and related capital 112 improvements in the Borough, including without limitation additions to Kodiak 113 High School, renovation of Kodiak High School for instructional and School 114 District administrative space, and demolition of the Business 115 Department/Learning Center. 116 117 Section 3: The Borough is authorized to borrow the sum of Seventy Six Million Three 118 Hundred and Ten Thousand Dollars ($76,310,000) to finance the capital 119 improvements described in Section 2, and the borrowing shall be evidenced by 120 the issuance of general obligation bonds of the Borough; provided that bonds 121 may not be issued for any project unless the project is eligible for debt service 122 reimbursement by the State of Alaska. The full faith and credit of the Borough 123 are pledged for payment of the principal of and interest on the bonds, and ad 124 valorem taxes upon all taxable property in the Borough shall be levied without 125 limitation as to rate or amount to pay the principal of and interest on the bonds 126 when due. 127 128 Section 4: The Borough shall submit the following proposition to the qualified voters of the 129 Borough at the October 6, 2009 regular Borough election. The proposition must 130 receive an affirmative vote from a majority of the qualified voters voting on the 131 question to be approved. 132 133 PROPOSITION NO. 1 134 GENERAL OBLIGATION BONDS - $76,310,000 - KODIAK HIGH SCHOOL 135 136 Shall the Kodiak Island Borough incur debt and issue general 137 obligation bonds in an amount not to exceed Seventy Six Million 138 Three Hundred and Ten Thousand Dollars ($76,310,000) for the 139 purpose of paying the cost of planning, design, construction, 140 furnishing and equipping of school and related capital 141 improvements in the Borough, including without limitation the 142 projects described below? 143 Kodiak Island Borough Ordinance No. FY2010 -03 Page 3 of 5 Project Estimated Cost Additions to Kodiak High School Renovate existing Kodiak High School $ 44,270,000 35,210,000 Renovate part of Kodiak High School for School District Administraion 1,100,000 Demolish Existing Business Department and Learning Center Total 220,000 80,800,000 Less available Funds in other projects KHS Exterior Insulation and Window Replacement KHS Voc Ed Renovation & Pool Reclamation Total deductions (590,000) (3,900,000) (4,490,000) Total amount of bond issue $ 76,310,000 144 145 146 147 148 149 150 151 152 153 154 155 156 The projects are expected to qualify for not Tess than 60% State debt service reimbursement, funding for which is subject to annual appropriation. The projects will be phased to limit disruption to the education of students, and bonds will be sold only as needed to pay project costs. If the State fully funds the debt service reimbursement program, the average annual debt service payable by the Borough after State reimbursement, is estimated to be $2,108,152. This amount of debt service may require an additional annual property tax levy of $577 per $250,000 of assessed value, or its equivalent. This example of a property tax levy is provided for illustrative purposes only. 157 If additional funding becomes available for the projects from 158 grants or other sources, only enough bonds to finish the projects 159 will be sold. 160 161 The bonds shall be secured by a pledge of the full faith and credit 162 of the Borough. (Ordinance No. FY 2010 -03) 163 164 Section 5: The proposition shall be printed on a ballot which may set forth other general 165 obligation bond propositions, and the following words shall be added as 166 appropriate next to an oval provided for marking the ballot for voting by hand or 167 machine: 168 169 PROPOSITION NO. 1 170 O YES O NO 171 172 Section 6: Sections 2 and 3 of this ordinance shall become effective only if the proposition 173 described in Section 4 is approved by a majority of the qualified voters voting on 174 the proposition at the October 6, 2009 regular Borough election. The remaining Kodiak Island Borough Ordinance No. FY2010 -03 Page 4 of 5 175 sections of this ordinance shall become effective upon adoption by the Kodiak 176 Island Borough Assembly. 177 178 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 179 THIS DAY OF 2009 180 181 182 KODIAK ISLAND BOROUGH 183 184 185 186 187 Jerome M. Selby, Borough Mayor 188 ATTEST: 189 190 191 192 193 Nova M. Javier, MMC, Borough Clerk 194 195 196 197 198 199 200 201 202 203 204 205 Kodiak Island Borough Ordinance No. FY2010 -03 Page 5 of 5 Net dept as a percentage of the estimated market: value of taxable property should not exc.eed two (2) percent. Between the years 1997 and 2006 the. net debt: as a percentage of estimated market value is over the two (2) percent because seventy (70) percent of the debt was reimbursed by the State of Alaska. Net Bonded Debt per Assessed Value 2s00 2001 2002 2003 2904 2005 2036 2097 200! 2002 148 TITLE: Ordinance No. FY2010 -04 Authorizing The Borough To Issue General Obligation Bonds In The Principal Amount Of Not To Exceed $12,500,000 To Finance The Planning, Design, And Construction Of Renewals And Replacements Of Borough Facilities; And To Submit The Question Of The Issuance Of Such Bonds To The Qualified Voters Of The Borough At The October 6, 2009 Regular Borough Election SUMMARY: The Borough currently owns over $200,000,000 worth of buildings as reflected on the values listed on the insurance schedules. This number does not include the cost of the land or site improvements. Part of the cost of ownership is to renew and /or replace parts of these buildings. The proceeds of this bond ($12,500,000) equals 6.25% of the current value of these buildings. It is in the best interest of the Borough to keep buildings properly maintained. Deferred maintenance usually costs more in the long run. Approximately 73% of these buildings are school buildings which qualify for a 70% debt reimbursement from the State of Alaska. FISCAL NOTES: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 16, 2009 REGULAR MEETING ITEM NO: 13.C.2 Expenditure Required: Total principal and interest costs will be $19,841,337 after state reimbursement of approximately 51% the total cost to the Borough will be $10,138,923. This may require a mill rate increase of .53 mills. Borough Code Section 3.05.030 debt policies, states "Net debt as a percentage of the market value of taxable property should not exceed 5 % ". 5% of the market value of taxable property in the Borough is $913,014,985. At the current time the Borough's net debt is 2.08% of the market value of taxable property, this bond issue would increase it 1.11% for a total of 3.19 %. The code goes on to say "the ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent." FY2009 governmental expenditures were $26,586,955. 20% of these expenditures is $5,317,391. The debt service expenditures for FY2010 are budgeted at $4,076,799 or 15 %. The sale of these bonds would increase this ratio to 17 %. APPROVAL FOR AGENDA: ‘ e3o fi cz RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -04 in first reading to advance to public hearing at the next regular Assembly meeting. Form Ver. 06/30/2009 Introduced by: KIB Manager 1 Requested by: Borough Assembly Drafted by: Finance Director 2 Short/ Bond Counsel 3 Introduced: 07/16/2009 4 Public Hearing: 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2010 -04 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS 11 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $12,500,000 TO FINANCE 12 THE PLANNING, DESIGN, AND CONSTRUCTION OF RENEWALS AND 13 REPLACEMENTS OF BOROUGH FACILITIES; AND TO SUBMIT THE QUESTION 14 OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE 15 BOROUGH AT THE OCTOBER 6, 2009 REGULAR BOROUGH ELECTION 16 17 WHEREAS, various Kodiak Island Borough facilities have certain elements in need of renewal 18 and replacement over the next five year period, including without limitation the projects described 19 in Exhibit A hereto; and 20 21 WHEREAS, approximately 73% of these buildings are school buildings which qualify for a 70% 22 debt reimbursement from the State of Alaska; and 23 24 WHEREAS, the Borough views the renewal and replacement projects authorized herein as 25 necessary and beneficial to the community; and 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not become a 31 part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: It is hereby determined to be for a public purpose and in the public interest of the 34 Borough to incur general obligation bonded indebtedness in an amount not to 35 exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000) for the 36 purpose of paying the cost of planning, designing, and constructing renewals and 37 replacements of Borough facilities, including without limitation the projects 38 described in Exhibit A hereto. 39 40 Section 3: The Borough is authorized to borrow the sum of Twelve Million Five Hundred 41 Thousand Dollars ($12,500,000) to finance the capital improvements described in 42 Section 2, and the borrowing shall be evidenced by the issuance of general 43 obligation bonds of the Borough. The full faith and credit of the Borough are 44 pledged for payment of the principal of and interest on the bonds, and ad valorem 45 taxes upon all taxable property in the Borough shall be levied without limitation as 46 to rate or amount to pay the principal of and interest on the bonds when due. 47 48 Section 4: The Borough shall submit the following proposition to the qualified voters of the 49 Borough at the October 6, 2009 regular Borough election. The proposition must 50 receive an affirmative vote from a majority of the qualified voters voting on the 51 question to be approved. 52 Kodiak Island Borough Ordinance No. FY2010 -04 Page 1 of 3 53 PROPOSITION NO. 1 54 GENERAL OBLIGATION BONDS FOR RENEWALS AND 55 REPLACEMENTS OF BOROUGH FACILITIES 56 57 Shall the Kodiak Island Borough incur debt and issue general 58 obligation bonds in an amount not to exceed Twelve Million Five 59 Hundred Thousand Dollars ($12,500,000) to finance the planning, 60 design and construction of renewals and replacements of Borough 61 buildings and other facilities. 73% of these projects are school 62 related. 63 64 The school projects are expected to qualify for not Tess than 70% 65 State debt service reimbursement, funding for which is subject to 66 annual appropriation. The projects will be phased to limit disruption 67 to the education of students, and bonds will sold only as needed to 68 pay project costs. 27% of these projects are for borough buildings 69 and other facilities. 70 71 If the State fully funds the debt service reimbursement program, the 72 average annual debt service payable by the Borough after State 73 reimbursement, is estimated to be $485,121. This amount of debt 74 service may require an additional annual property tax levy of $133 75 per $250,000 of assessed value, or its equivalent. This example of a 76 property tax levy is provided for illustrative purposes only. 77 78 The bonds shall be secured by a pledge of the full faith and credit of 79 the Borough. (Ordinance No. FY2010 -04) 80 81 Section 5: The proposition shall be printed on a ballot which may set forth other general 82 obligation bond propositions, and the following words shall be added as 83 appropriate next to an oval provided for marking the ballot for voting by hand or 84 machine: 85 PROPOSITION NO. 1 O YES o NO 86 87 Section 6: Sections 2 and 3 of this ordinance shall become effective only if the proposition 88 described in Section 4 is approved by a majority of the qualified voters voting on 89 the proposition at the October 6, 2009 regular Borough election. The remaining 90 sections of this ordinance shall become effective upon adoption by the Kodiak 91 Island Borough Assembly. 92 93 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 94 THIS DAY OF 2009 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 ATTEST: Jerome M. Selby, Borough Mayor 101 102 103 104 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2010 -04 Page 2 of 3 I School Projects (elgible for DEED Reimbursement) Borough Projects East Generator & Building $ 780,196 Boro. Build. New Roof $ 1,190,020 High School Replace Wooden Gym Floor Larsen Bay OId HVAC Equip Larsen Bay OId HVAC Controls 447,237 399,848 146,639 Boro. Build. Duct Cleaning 108,184 Boro. Build. Replace Air louvers 21,637 Boro Build. Boiler Combustion Air Fail 21,637 Karluk Remove UST Chiniak Remove UST East OId Kitchen Piping 89,370 82,620 47,656 Boro Build.Vents at Roof Extensions Auditorium Exterior Doors Boro. Build. New Receptacles 2,163 73,725 65,444 East Flooring Old Harbor HVAC Controls Peterson Flooring 490,290 345,922 j 275,566 I Boro. Build. DDC Control system Boro. Build Replace Boilers Boro. Build. Asbestos Boiler Room 429,563 290,493 154,930_4 103,15 320,544 l East Old Case work OId Harbor Flooring 231,386 ( 163,268 I Auditorium Flooring foyer and hall Boro. Build. New Flooring Larsen By Exterior Paint 148,826 1 Boro. Build. Move Gen Set Boro. Build. Asbestos under Carpet Boro. Build. Relocate Fuel Oil Piping Total 280,476 1 280,476 1 48,082 $ 3,390,523 East Exterior Paint Port Lions Remove UST 111,195 85,266 Main Remove UST 78,826 Karluk Exterior Paint Akhiok Play Grounds 62,539 44,800 f I Larsen Bay OId Windows Middle School HVAC Controls Peterson HVAC Controls 24,589 1,302,645 490,577 Middle School Gym Floor Replacement East Old Exterior Doors East New Boilers & Building 353,206 47,724 502,519 High School Upgrade Generator Peterson Boilers 451,135 300,510 Main Gym floor Replacement 210,711 j Main Exterior Paint Peterson Exterior Paint 198,811 196,113 Karluk Flooring 166,166 Karluk Interior Paint Larsen Bay Old Elect Lighting 146,551 134,931 East Old Plumb Fixtures Ouzinkie Old Elect Lighting Port Lions Play Grounds 129,107 117,280 1 72,000 Ouzinkie Play Grounds Old Harbor Play Grounds High School 1972 Add. Exterior Doors 72,000 72,000 45,763 1 Old Harbor Remove UST 43,692 t Grand Total Total $ 9,109,477 $12,500,000 , 105 106 Kodiak Island Borough Appendix A Ordinance No. FY2010 -04 Page 3 of 3 1 )1--e-c-e;, Cc-O e N iCK c l - trbre I( . er,.., 6 / 1 "- -1 Avt----S Al i FA'OS Pi Kuck Podie 1,1 IeK wA7K f /\/ Val-r-/` ice_, f' �� � ka, F. YO54'1") Cr i' G L tr t I/ RU.I ' I ,,l( J� -�l, i Ssc� Y `�i➢ c�M biocQ IXGI.t/� AA � j qn; WK. 41 / f if ee.._44 ii46------- fd A-k_ if 1 al9-1 • _OA KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: /(0 -09 Please PRINT your name Please PRINT your name 2. PLEDGE OF ALLEGIANCE 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Guidelines July 16, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 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 Mayor Selby who is attending the NACO Conference and Assembly member Jeffrey who is out on 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: * Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. * Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development Association. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter — Manager Gifford 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. Kodiak Island Borough Assembly Guidelines July 16, 2009 Page 1 9. PUBLIC HEARING A. 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. Recommen ed motion: Move to adopt O FY2009 -01E. la Hager Gifford 1111, �OWA' ,, 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. 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. Recommended motion: Move to adopt Ordinance No. FY2010 -02. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None Kodiak Island Borough Assembly Guidelines July 16, 2009 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2010 -09 Providence Kodiak Island Counseling Center Services to KIB School District for School Year 2009 -2010. Recommended motion: Move to authorize the Manager to execute Contract No. FY2010 -09 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2009 -2010 school year in an amount not to exceed $381,350. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. *Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. 3. Contract No. FY2010 -10 Recycling Contract with Threshold Services Inc. Clerk's Note: Attached on — are the changes to the Threshold contract. Recommended motion: Move to authorize the Manager to execute Contract No. FY2010 -10 with Threshold Services, Inc. of Kodiak, Alaska for a time and material contract estimated to be $281,450 for the period of July 1, 2009 through June 30, 2010. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2010 -03 Approving Fiscal Year 2010 Kodiak Island Borough Non - Profit Funding. Clerk's Note: Attached on yellow paper is the corrected resolution and spreadsheet. Recommended motion: Move to adopt Resolution No. FY2010 -03. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. *Resolution No. FY2010 -05 Appointing Members to the Kodiak Fisheries Development Association. Kodiak Island Borough Assembly Guidelines July 16, 2009 Page 3 3. Resolution No. FY2010 -02A Amending Resolution No. FY2010 -02 Amending the Fees of the Kodiak Island Borough. Clerk's Note: Attached on — is a copy of the agenda statement and resolution. Recommended motion: Move to adopt Resolution No. FY2010 -02A. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2010 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of not to Exceed $76,310,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements in the Borough Including Without Limitation the Reconstruction and Renovation of the Kodiak High School, and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. Recommended motion: Move to adopt Ordinance No. FY2010 -03 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. Recommended motion: Move to adopt Ordinance No. FY2010 -04 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. Kodiak Island Borough Assembly Guidelines July 16, 2009 Page 4 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 — Presiding Officer Branson The Assembly will meet in a special meeting with a work session immediately following on Thursday, July, 30, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 6, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 16, 2009 Page 5