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
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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
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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
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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
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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
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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
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2008
2007
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co
KIB: Cumulative Tons Shipped
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2008
2007
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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
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f0 f0 L .0 .0
' - fO a 2 - O • E ° E E
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- U- N ▪ 0 O 0)
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- 2009
2008
2007
800.0
700.0
600.0
▪ 500.0
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Y 400.0
L
300.0
200.0
100.04
0.0
co
KIB: Cumulative Tons Shipped
T
c0
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C
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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
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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
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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