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2010-09-16 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 16, 2010, 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 A. *Regular Meeting of August 5, 2010, and Special Meeting of August 26, 2010. 6. AWARDS AND PRESENTATIONS 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. FY2011 -05 Amending Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax Section 3.40.010 Assessment Return to Change the Date for Filing Personal Property Tax Returns. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2011 -09 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. 2. Contract No. FY2011 -10 Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project. 3. Contract No. FY2011 -12 Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 4. Contract No. FY2004 -61D Kodiak Island Borough Legislative Consultant During the 2011 and 2012 Legislative Sessions. 5. Contract No. FY2011 -13 Purchase of Front Wheel Loader for Landfill Operations. B. Resolutions 1. Resolution No. FY2011 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2011 Legislative Session. C. Ordinances for Introduction D. Other Items 1. *Approval of October 5, 2010 Regular Municipal Election Workers. 2. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board. 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. Fire Protection Area No. 1 Board Regular Meeting of June 15, 2010. B. Reports 1. Kodiak Island Borough School District Special Meeting Summaries of August 9 and August 12, 2010, and Regular Meeting Summary of August 23, 2010. • Meeting broadcast live over radio station KMXT 100,1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 5, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 5, 2010, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Judy Fulp, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly members Friend, Jeffrey, and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. BRANSON moved to amend the agenda by removing Item 13.D.1, the Planning and Zoning Commission By -Laws under Other Items. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Branson, Fulp, Lynch, and Stutes. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of July 1, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed August 8 through August 14, 2010, as Health Center Week urging citizens to recognize the important contributions of Community Health Centers. Manager Gifford presented a Five -Year Longevity Award for Tom Slagle, Baler Operator I at the Landfill Facility. CITIZENS' COMMENTS Janet Wente and Rhonda Maker spoke against Ordinance No. FY2011 -02. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 1 PUBLIC HEARING 1. Ordinance No. FY2011 -02 Submitting the Question of the Adoption of a Sales Tax to the Qualified Voters of the Borough at the October 5, 2010 Regular Election. STUTES moved to adopt Ordinance No. FY2011 -02. The voters approved the $76,310,000 bond issue during the October 6, 2009, General Election. Because of the bond issue, renewal and replacement project funding (interfund loans), and the Borough's current operating deficit, the Borough needed to increase revenues approximately $4,000,000 per year. This equated to approximately 4 mills. If the Borough adopted a 2% sales tax, with similar exemptions as the City of Kodiak, the Borough would avoid the 4 mill property tax increase. By adopting a sales tax, the entire populace would help pay for these expenditures, not just the property owners. Assembly member Stutes clarified the process for the voting of the sales tax and the determination of how the tax would be distributed. Assembly member Fulp voiced her concern that the ordinance was too broad in nature. She felt that the numbers concerning costs of building the school should be more consistent. Assembly member Branson explained that voting for Ordinance No. FY2011 -02 would allow the voters to have the option to decide about a sales tax on the October 5, 2010, election ballot. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION FAILED THREE TO ONE: Lynch, Stutes, and Branson (Ayes); Fulp (No). 2. Ordinance No. FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. BRANSON moved to adopt Ordinance No. FY2011 -03. The Kodiak Island Borough Assembly recognized that sections of the Borough code were outdated and that deficiencies, conflicts, or obsolete provisions and citations needed to be corrected. Many sections also needed to be brought into compliance with existing laws and regulations. Staff researched codes from other municipalities, considered the Alaska Statutes, and consulted with Borough staff to determine the changes that needed to be made to this title.The proposed ordinance revisions were reviewed by the Borough Attorney for compliance. Most of the changes that were proposed came from the legal review when the Borough Code went through the recodification process. BRANSON moved to amend Ordinance No. FY2011 -03 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Fulp. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Mayor Selby clarified that Lines 256, 257, and 258 of the ordinance were not a part of the adopted ordinance. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 2 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Fulp, and Lynch. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Alaska Waste was working to implement the new contract. • The City of Kodiak released the Crossing Guard RFP with a deadline for proposals of August 13, 2010. • The Assessing Department started property inspections in remote locations. • The architecture and engineering RFP for the high school had been advertised starting July 9, 2010. • An RFP was being advertised for civil engineering for a term contract for road, trails, and drain work. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • Attended The National Association of Counties meetings and shared applicable information. • The application for homeport of the National Science Foundation research vessel with the University of Alaska had been submitted. • Kodiak Island Borough School District was forming a Regional Advisory Council collaborating with the Department of Labor, Kodiak College, and the Fisheries Technology Center. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -06 Kodiak Middle School Emergency Generator Installation Project. BRANSON moved to authorize the manager to execute Contract No. FY2011 -06 with Brechan Enterprises, Inc. for the Kodiak Middle School Emergency Generator Installation Project in an amount not to exceed $65,948. The contract was for the Kodiak Middle School Emergency Generator Installation Project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review. The work was being performed for the Kodiak Island Borough School District (KIBSD) and all costs associated with the project would be reimbursed by KIBSD. The project budget of $41,824 would be added to the next budget amendment. Bids were received in response to the Borough's Invitation to Bid dated June 9, 2010. Brechan Enterprises, Inc. was the lowest bidder for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Fulp, and Lynch. Resolutions None. Ordinances for Introduction None. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 3 Other Items None. CITIZENS' COMMENTS Martha Randolph spoke in support of a sales tax. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Tom Slagle for his Longevity Award and recognized Health Center Week. Assembly member Stutes requested transfer stations be addressed by the Solid Waste Advisory Board and also requested Borough costs (dollar amount) for the current lawsuit. Assembly member Fulp thanked the Borough for the Woody Way field, recognized the advertisement of the RFP for the high school, and welcomed the pilgrims in town to celebrate the 40th Anniversary of the canonization of Father Herman. Assembly member Lynch thanked Sandra West for her involvement in the bike path project. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, August 12, 2010, at 7:30 p.m. in the Borough Conference Room and that the regular meeting scheduled on Thursday, August 19, 2010, was canceled. The Kodiak Island Borough and the City of Kodiak were hosting the Alaska Municipal League (AML) Summer Meeting on August 18 -20, 2010. The Borough Mayor and members of the Assembly would be in attendance at the AML events. The next regular meeting was scheduled on Thursday, September 2, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Lynch, and Stutes. The meeting adjourned at 8:20 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Assembly Minutes August 5, 2010 Page 4 KODIAK ISLAND BOROUGH Assembly Special Meeting August 26, 2010 A special meeting of the Kodiak Island Borough Assembly was held on Tuesday, August 26, 2010, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Assessor Bill Roberts, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. JEFFREY moved to excuse Assembly member Branson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2011 -04 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel by Adding Chapter 2.155 Kodiak Workforce Regional Advisory Council and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject to This Chapter. KAPLAN moved to adopt Ordinance No. FY2011 -04 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was requested by Mayor Selby. Alaska modified its workforce investment system in 2003, transforming the State and two local workforce investment boards into one overarching entity, the Alaska Workforce Investment Board (AWIB). This system would provide a clear, streamlined, and efficient governance structure. The State was prepared to work closely with the regional councils in support of a stronger overall system of workforce and economic development through AWIB and it would be the state's linkage to the regional councils. AWIB would engage with the regional councils to make better investment decisions at both the local and statewide levels. This ordinance would create the Kodiak Workforce Regional Advisory Council which would interact with AWIB. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes August 26, 2010 Page 1 ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. The meeting adjourned at 7:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 26, 2010 Page 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -05 Amending Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax Section 3.40.010 Assessment Return to Change the Date for Filing Personal Property Tax Returns. SUMMARY: Based on recommendations of the State Assessor's Office, the mailing of Notice of Valuation (NOV) is being moved to earlier in the year to allow for adequate time between end of appeal period and Board of Equalization (BOE) meetings. This will give appellants more time after notification of board dates to prepare for the BOE meeting. In the past, the time between the end of appeal period and BOE has been 10 -14 days and notification of absentee appellants has given them only days to travel and prepare for the BOE proceedings. To move the date of mailings for NOVs requires a change of date for personal property filings as current filling dates are February 15 with extensions to March 15. This ordinance moves the personal property filing date to January 15 with no extensions. Staff review and audit of the returns could be completed with a mailing date of February 28 for the Notice of Valuations. The appeal period would be the month of March and with the BOE typically meeting on or around the 10th of May gives 4 -5 weeks to notify appellants and allows ample time for them to prepare for the BOE. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: d, p O RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -05. 1 Introduced by: Borough Manager 2 Requested by: Borough Assessor 3 Drafted by: Borough Assessor 4 Introduced: 09/02/2010 5 Public Hearing: Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2011 -05 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL PROPERTY 12 TAX SECTION 3.40.010 ASSESSMENT RETURN TO CHANGE THE DATE FOR FILING 13 PERSONAL PROPERTY TAX RETURNS 14 15 WHEREAS, KIBC 3.35.010 adopts State law levying taxes on real and personal property; 16 and 17 18 WHEREAS, KIBC 3.35.020 states all real and personal property within the borough not 19 expressly exempted shall be taxed; and 20 21 WHEREAS, KIBC 3.40.010 sets the dates for personal property returns; and 22 23 WHEREAS, a recent audit of the Assessing Department by the Office of the State Assessor 24 recommends moving the mailing date of Notices of Assessed Value from March 31 to 25 January 15; and 26 27 WHEREAS, the current return dates would not allow staff sufficient time to review the 28 returns prior to mailing of Notices of Assessed Value. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 Section 1: This ordinance is of a general and permanent nature and shall become a part 33 of the Kodiak Island Borough Code of Ordinances; and 34 35 Section 2: Title 3 Revenue and Finance 3.40 Personal Property Tax Section 3.40.010 36 Assessment Return is hereby amended as follows: 37 38 3.40.010 Assessment return. 39 Every person shall submit to the borough assessor a personal property return of any 40 property owned by him, or in which he has an interest, and of the property held or controlled 41 by him in a representative capacity, in the manner prescribed, which return shall be based 42 on property values existing as of the first day of January of the year for which the return is 43 made. The person making the return in every case shall state an address to which all 44 notices required to be given to him under this section may be mailed or delivered. The return 45 shall show the nature, quantity, description, amount, value, purchase price new or used, 46 depreciable basis, and current condition of all personal property, the place where the 47 property is situated, and said return shall be in such form and include such additional 48 information as the assembly may prescribe, and shall be signed and verified under oath by 49 the person liable, or his or its authorized agent or representative. Said return shall be filed 50 on or before the fifteenth day of February January of each tax year. — except —that —the Kodiak Island Borough Ordinance No. FY2011 -05 Page 1 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 2, 2010 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2011 -09 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. SUMMARY: The Borough and the City of Kodiak jointly fund the animal control program. The city provides the officer (including management of the position — payroll, evaluation, and training), the vehicle (including maintenance), and contracts with the Humane Society to operate the animal shelter. The Animal Control Officer patrols the City limits as well as the remainder of the road system outside city limits. The population of this area is roughly spilt 50 — 50 between city residents and non -city residents so the contract is split 50 -50. The animal control officer was called out approximately 1,000 times last year, issued 35 citations, appeared in court, and impounded 255 animals. This is a one year contract with the cost to the Borough the same as the last 2 years. This will probably change next year as the new City Manager starts to focus on reviewing City contracts. FISCAL NOTES: Amount Budgeted: $85,000 Expenditure Required: $84,125, APPROVAL FOR AGENDA RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011- 09 with the City of Kodiak for animal control services for the period of July 1, 2010 through June 30, 2011 in the amount of $84,125. ANIMAL CONTROL CONTRACT Between the CITY OF KODIAK and the KODIAK ISLAND BOROUGH THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter "KIB" and the CITY OF KODIAK, hereinafter `CITY," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, the KIB adopted Ordinance No. 86- 16 -0(A) authorizing the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Subsection 6.04.1.50(C); and WHEREAS, the CITY is willing to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: Section 1. DEFINITIONS. In this contract: A. "KIB" means the Kodiak Island Borough. • B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code and any amendments thereto. C. "Animal Shelter" means the City of Kodiak Animal Shelter. D. "Chief Animal Control Officer" means the Kodiak Island Borough Manager or his/her designee. E. "Complaint" means a request to the CITY for service or services. F. "CITY" means City of Kodiak, its agents and employees. Section 2. SCOPE OF SERVICES. A. The CITY shall provide personnel, supplies, equipment, and a facility to perform those animal control services set forth in this contract. B. No services other than those specifically described in this contract will be provided. The CITY may, however, at its own expense provide such other services as are appropriate and not inconsistent with this contract. Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). City/Borough Animal Control City Contract No. 184444 Page I of 6 Jul I, 2010 to Jun 30, 2011 A. The CITY shall employ Animal Control Officer(s) who shall respond to complaints in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or vicious dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance problems. B. The CITY shall assign Animal Control Officer(s) to patrol Monashka Bay, Spruce Cape, and Bells Flats on a regular basis. The CITY shall also assign Animal Control Officer(s) to serve Chiniak, and other remote areas on an emergency call basis. C. Animal Control Officer(s) shall issue citations for subject violations of the Animal Code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. Officers shall impound stray dogs and other animals which are subject to impoundment; when necessary, bring animals into the Animal Shelter under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises where animals are kept; administer first aid to animals; participate in administrative hearings at the request of the Chief Animal Control Officer; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with animal problems. D. The CITY shall provide around -the- clock, seven -days- per -week telephone answering service to accept and record animal complaint and information calls from the public. E. The CITY shall use its best efforts to respond in a timely manner to all complaint calls of an emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received during working hours (Monday through Friday 8:30 a.m. to 4:30 p.m.). A timely response is one in which the Officer arrives not more than seventy -five (75) minutes after the request for service has been made. F. Scheduled patrol and non- emergency animal control officer- response service shall be made available to the public daily, with hours apportioned over a five -day week so as to provide coverage for the heaviest complaint periods. Periodic adjustments in the times covered may be made as necessary. Section 4. CARE, REDEiMPTION, ADOPTION, AND DEPOSITION OF ANIMALS. Care, redemption, adoption, and deposition of animals and hours of Animal Shelter operation shall coincide with those established by the CITY, as a municipal government, for Animal. Control operations presently administered within the city limits. The CITY will provide the facility and furnishings, patrol vehicles, operating supplies, and insurance. Section 5. INSURANCE. A. The CITY shall provide insurance coverage in the following amounts: a. Workers' Compensation insurance as required by AS 23.30.045 or any other applicable statutes or regulations. b. General Liability insurance with a minimum of $10,250,000 per occurrence and /or aggregate combined single limit, personal injury, bodily injury, and property damage. c. Vehicle Liability insurance including applicable uninsured/underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. City/Borough Animal Control City Contract No. 184444 Page 2 of 6 Jul 1, 2010 to Jun 30, 2011 B. The following shall be Additional Insureds: The KIB, 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 primarily to the KIB, and not contributing with any other insurance or similar protection available to the KII3, whether other available coverage be primary, contributing, or excess. C. K113 and City each hereby releases and agrees to defend, indemnify, and hold the other party, elected and appointed officials, employees, contractors, and volunteers harmless from and against all claims, demands, causes of action, suits, damages, liabilities, losses, and expenses including court costs and reasonable attorney's fees, and all loss, damage, injury, or death resulting to the indemnifying party's property, subcontractors, volunteers, or personnel, arising out of or in connection with the services, or the performance of this agreement, whether or not such loss, damage, injury, or death is alleged to be due to the act, omission, negligence (whether contributory, joint, or sole), fault or strict liability of the indemnified party. In no event shall either party be liable to the other for indirect, special, incidental or consequential damages, including, but not limited to, loss of use of assets or loss of facilities downtime. D. A sixty (60) day Notice of Cancellation or Change, Non- Renewal, Reduction and /or Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this agreement. E. The CITY shall provide evidence of coverage to the KIB at the time that the contract is executed, as listed below: o Two (2) copies of Certificate of Workers' Compensation Insurance o Two (2) copies of Certificate of General Liability Insurance o Two (2) copies of Certificate of Vehicle Liability Insurance F. If any of the above coverage expires during the term of the contract, the CITY shall deliver renewal certificates and /or policies to the KIB at least ten (10) days prior to the expiration date. The CITY shall not commence operations under this agreement until they have obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with carriers acceptable to the KIB. If the CITY fails to comply with the insurance requirements of this agreement, the KIB may terminate the agreement on ten (10) days written notice. The CITY 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 the the applicable statute of limitations. City /Borough Animal Control City Contract No. 184444 Page 3 of 6 Jul I, 2010 to Jun 30, 2011 The coverage required by this agreement shall cover all claims arising in connection with the CITY activity authorized under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. Section 6. LICENSING. A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in the KIB fee schedule. B. The CITY shall post a public notice in the Animal Shelter lobby, as well as provide periodic newspaper and public service announcements, stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY. Section 7. CUSTOMER SERVICE. The CITY will operate the Animal Shelter seven days per week, maintain published hours for public access to recover or adopt animals five days per week, and have available emergency response capability to access the Animal Shelter on a twenty -four (24) hour per day basis, Section 8. FEE COLLECTION. A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically transfer the amount collected to the KIB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY's fee collection process. Section 9. CONTRACT TERM. This contract is effective from the date of execution through June 30, 2011. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. A. The Chief Animal Control Officer shall administer this contract on behalf of KIB. B. The Kodiak City Manager shall administer this contract on behalf of the CITY. City /Borough Animal Control City Contract No. 184444 Page 4 of 6 Jul 1, 2010 to Jun 30, 2011 Section 11. NOTICES. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: KODIAK ISLAND BOROUGH CITY OF KODIAK Borough Manager City Manager 710 Mill Bay Road #125 710 Mill Bay Road #220 Kodiak, AK 99615 Kodiak, AK 99615 Section 12. INSPECTION AND RETENTION OF RECORDS. The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine such records as well as any of the CITY's records with respect to animal control matters at all times during normal business hours and as often as KIB may deem necessary, including the City's approved records retention period after the termination of this contract. The CITY shall permit KIB to audit, examine, and make copies, and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CITY shall maintain all of its records pertaining to this contract for a period of not less than two years after termination of this contract. Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES. A. Upon condition of satisfactory performance in all respects by the CITY and subject to the remainder of this section, KIB shall pay the CITY a sum of $84,125, per year. The compensation shall be paid in semi - annual installments, July 1 and January 1. B. The CITY and KIB shall separately assume any legal costs associated with animal control enforcement within their respective areas ofjurisdiction. C. The KIB shall be responsible for direct costs associated with the transportation, lodging, feeding, and veterinarian services for animals outside the CITY that cannot be transported by the Animal Control Officer and/or are not able to be lodged at the Kodiak Animal Shelter, provided prior written approval has been obtained from KIB. Section 14. AMENDMENT OR TERMINATION. This Agreement will become effective July 1. 2010, and continue in force until June 30, 2011, except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party upon thirty (30) clays written notification to the other. This Agreement may be amended by written agreement of the parties. City /Borough Animal Control City Contract No. 184444 Page 5 of 6 Jul 1, 2010 to Jun 30, 2011 IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below: CITY OF KODIAK KODIAK ISLAND BOROUGH Aimee Kniaziowski, City Manager Rick Gifford, Borough Manager ATTEST: ATTEST: Debra Marlar, City Clerk Nova Javier, Borough Clerk City /Borough Animal Control City Contract No. 184444 Page 6 of 6 Jul 1, 2010 to Jun 30, 2011 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 9, 2010 REGULAR MEETING ITEM NO: 13.A.2 TITLE: Contract No. FY2011 -10 Kodiak Island Borough Building Roof & Main Elementary Canopy Replacement Project. SUMMARY; This contract is for the Borough Building Roof and Main Elementary Canopy Replacement Project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda are available for review. Bids were received in response to the Borough's invitation to bid dated July 30, 2010. Clarion Company, Inc. was the lowest bidder for the project. Bid tabulation is attached. KIBC 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: $392,900 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -10 with Clarion Company, Inc. for the Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project in an Amount not to Exceed $392,900. Form Ver. 06/30/2009 Borough Building Roof Replacement /Main Elementary Canopy Finish Replacement Bid Tabulation Bid Opening: 8/19/10 3:00 PM Bid Item #1 1 ., - Bid Item #2 : Alternate #1 ^ ..... Total No. ,a GENERAL CONTRACTOR Borough Building Roof 'Main Elementary, Canopy Metal Fascia Panels at - . (Base +; Alts) . ,, 1 Clarion Company $ " 325,600 $. 21,100 $ 46,200 $ 392,900 % Of Est ' 2 Jay Brant $ 593,395 $ 35,918 ; $ 42,876 $ 672,189 Diff (Low) $ (267,795) $ 14,818 $ (3,324) $ 279,289 % Diff (Low) 151.03% 9.14% 10.91% 171.08% Of Est 3 Wolverine Supply $ 686,000 $ 31,000 $ 40,000 $ 757,000 Diff (Low) $ (360,400) $ 9,900 $ (6,200) $ 364,100 % Diff (Low) 174.60% 7.89% 10.18% 192.67% % Of Est mfgo Document A10 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEM ENT made as of the Twenty -fifth day of August in the year Two Thousand Ten (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) Kodiak Island Borough This document has important legal consequences. Kodiak Island Borough Consultation with an attorney 710 Mill Bay Road is encouraged with respect to Kodiak, Alaska, 99615 its completion or modification. AlA Document A201 Tm -2007, General Conditions of the and the Contractor: Contract for Construction, is (Name, legal status, address and other information) adopted in this document by reference. Do not use with other Jay Johnston general conditions unless this document is modified. Clarion Company PO Box 433 Kodiak, AK 99615 for the following Project: (Name, location and detailed description) Borough Building Roof Replacement and Main Elementary Canopy Finish Replacement Kodiak, Alaska The Architect: (Name, legal status, address and other information) Jensen Yorha Lott Inc. 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. AIA Document A101' — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1968, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized i reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:13:56 on 08/20/2010 under Order No.6656200149_1 which expires on 04/14/2011, and Is not for resale. User Notes: (82650379) • • TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION • 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION ' TERMINATION DR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed • in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may he used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA Document A101 - 2007. Copyright C 1915, 1918, 1925, 1 937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:13:56 on 0 812 612 01 0 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (826503779) Portion of Work Substantial Completion Date Main Elementary School October 18, 2010 Borough Building November 18, 2010 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) I Liquidated damages $200.00 per day ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current fiords for the Contractor's performance of the Contract. The Contract Sum shall be Three Hundred Ninety Two Thousand, Nine Hundred Dollars and Zero Cents (S 392,90 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which arc described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the • Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Base Bid Item 1, Borough Building - $325,600.00 Base Bid Item 2, Main Elementary - $21,100.00 Alternate 41 —Metal Fascia Panels (, Borough Building —$46,200.00 § 4.3 Unit prices, if any: ('Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if arty, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall he made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) ALA Document A101 — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All tights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AlA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :13:56 on 08/202010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (826503779) • § 5.1_4 Each Application for Payment shall be based on the most recent schedule of values submitted by the - ___ Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. • § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows': .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM_2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %); • .3 Subtract the aggregate of previous payments made by the Owner; and -.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall he further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the • full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: In it. AIA Document A101 i — 2007. Copyright © 1915, 1918, 1925, 1 937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:13:56 on 08/26/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (826503779) • ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker; if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant lo Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate bar. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of ALA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in thi Agreement to a provision of AIA Document A201 -2007 or another Contract • Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 6.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) e ta § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford AIA Document Mel"' — 2007. Copyright ® 1915, 1918, 1925, 1 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:13:56 on 08/26/2010 under Order No 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (826503779) 8.4 The Contractor's representative: (Name, address and other information) • Jay Johnston Clarion Company • PO Box 433 • Kodiak, Alaska 99615 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the • other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed ALA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are ALA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: See Project Manual Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) See Section 00011 of Project manual for Table of Contents Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) I See Section 00015 of Project manual for List of Drawings. Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages 1 8/9/2010 2 8/12/2010 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: AIA Document A101 - 2007. Copyright CO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:13:56 on 0E926/2010 under Order No,6656208149 1 which expires on 04/14/2011, and is not for resale. User Notes: (826503779) - __._...,1 - -- AIA- Docunlcnt -E20 Pim- -2007, Digital - Data - P-rotocol_Exhibit,. ifcompleted.by- the - parties, or-the- . fol lowing: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article i i of AlA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Rick Gifford, KIB Manager Ijhnston Owner (Printed name and title) (Printed name and title) • AIA Document A101° — 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:13:56 on 08/26/2010 under Order No.6656208149_1 which expires on 04114/2011, and is not for resale. User Notes: (826503779) • KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.A.3 TITLE: Contract No. FY2011 -12 Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects. SUMMARY: This contract is for the Kodiak Middle School Site Improvements, Borough Building Concrete Repairs, and KFRC Sidewalk Repairs Projects as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents and associated addenda are available for review. Bids were received in response to the Borough's invitation to bid dated June 9, 2010. Brechan Enterprises, Inc. was the lowest bidder for the project. Bid tabulation is attached. Brechan was the only bidder on the project which included repair and replacement of sidewalks, exterior stairs, and retaining walls. The bid was substantially higher than the estimate and the budget. The scope of work was reduced to include work to correct safety hazards. Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -11 with Brechan Enterprises, Inc. for the Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects in an amount not to exceed $110,140. Form Ver. 06/30/2009 Kodiak Island Borough Bid Tabulation Kodiak Middle School Site Improvements Bid Opening: 7/1/10 3:00 PM No. 'GENERAL CONTRACTOR "" "" t " °i' (Base + Alt's 1 Brechan Enterprises, Inc $ 292,125. $ .`. 19,350 $ 203,550 $ 18,100 $ .. 161,720 -$ 694,845.. t7/4 =v04--AIA Document A101' - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty -fifth day of August in the year 2010 (in words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important Kodiak Island Borough legal consequences. 710 Mill Bay Road Consultation with an Kodiak, Alaska, 99615 spec t o r is encouraged with respect to its completion or modification. AIA Document A201 T" -2007, and the Contractor: General Conditions of the Contract for Construction, is (Name, legal status, address and other information) adopted in this document by Brechan Enterprises, Inc reference. Do not use with other 2705 Mill Bay Road general conditions unless this Kodiak, AK 99615 document is modified. for the following Project: (Name, location and detailed description) Kodiak Middle School Site Improvements Kodiak, Alaska The Architect: (Name, legal status, address and other information) Jensen Yorba Lott Inc. 522 W. lath St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. AIA Document A101'" — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1063, 1967, 1974, 1977, 5987, 1991, 1997 and 2007 by The American lRlt. Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized .l reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:45 on 08/26/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1702308705) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be heed in a notice to proceed.) I£ prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. I § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the dale of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101" — 2007. Copyright ® 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved, WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AlA software at 12 :5426 on 08/26/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Motes: (1366706763) • Portion of Work Substantial Completion Date • , subject to adjustments of this Contract Time as provided in the Contract Documents. • (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time wfor • bonus payments for early completion of the Work) Liquidated damages $200.00 per day ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($ One Hundred Ten Thousand, One Hundred Forty Dollars and Zero Cents (5$110,140.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents perrnit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) • Base bid KMS Site Work as negotiated - $44,350.00 • Alternate Bid #3 KFRC Sidewalks SKA -1 SKA -2 and SKA -3 as negotiated - $18 800.00 Alternate Bid Item 44, KB Concrete work SKA -4 and SKA -5 as negotiated - $46,990.00 • § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will he applicable.) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identf allowance and state exclusions, if any, from the allowance price.) Item Price • ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.12 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract AIA Document A101 - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 • reproduction or distribution of this MA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:45 on 08/26/2010 under Order No.6656208149_1 which • expires on 04/14/2011, and is not for resale. User Notes: (1702308705) Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported • by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. • § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract. Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A20ITM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AMA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.85 of AA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when ,1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of ALA Document A201 -2007, and to satisfy other requirements, if arty, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101/ — 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 09:55 :45 on 08/26/2010 under Order No.6656209149_1 which expires on 04/1 and is not for resale. User Notes: (1702308705) ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. ((f the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect,) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of ALA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ ] Litigation in a court of competent jurisdiction [ 1 Other (Sped) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS • § 8.1 Where reference is made in this Agreement to a provision of AlA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8,2 Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: Wattle, address and other information) Rick Gifford § 8.4 The Contractor's representative: (Name, address and other information) AIA Document Al 01 — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:55:45 on 08/26/2010 under Order No.6656208199_1 which expires on 04/14/2011, and is not for resale. User Notes: (1702308705) Peter Malley Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, AK 99615 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9,1.2 The General Conditions are ALA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: See Project Manual Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) See section 00011 of Project Manual for Table of Contents Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) • See Section 00015 of Project Manual for List of Drawings Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages 6/21 6 2 6/29 2 3 6/30 1 4 7/1 3 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document Al 01 — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. NI rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:45 on 08/26/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1702308705) • • .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) • ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 - 2007. • (State bonding requirements, if any, and limits of liability for insurance required in Article 1I of AIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) • • This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Rick Gifford KIB Mana_er Peter Malley (Printed name and title) (Printed name and title) • Init. AIA Document Alain' — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:45 on 08/26/2010 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1702308705) KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.A.4 TITLE: Contract No. FY2004 -61D Kodiak Island Borough Legislative Consultant During the 2011 and 2012 Legislative Sessions SUMMARY: The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates expires on December 31, 2010. KIBC 3.30.070.A states that competitive bids are not required for professional contracts. This contract is another two year contract, similar to the last contract. At the end of this year, Mr. Hickey will have worked on behalf of the Borough for ten years. This contract is for the same amount as the last contract which is $40,000 annually. Mr. Hickey has done an excellent job for the Borough working quite well with the legislature and various State agencies, including the Governor's office. Mr. Hickey has been supportive of Borough projects assisting the manager and staff, not only with legislation but also with project hurdles we encounter from time to time with State agencies that are administrating grants or projects. FISCAL NOTES: Account No.: 100 - 100 - 430 -100 Amount Budgeted: $40,000 Expenditure Required: $40,000 APPROVAL FOR AGENDA: G %� d / RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2004 -61D with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2011 to December 31, 2012. Form Ver. 06/30/2009 AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES Hickey & Associates (hereinafter the "Contractor ") agrees to represent the Kodiak Island Borough (hereinafter the "Borough ") from January 1, 2011 through December 31, 2012. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as events warrant is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $40,000 per year, or a total of $80,000 for the contract period. $30,000 of the annual fee will be payable on a monthly basis during the session. The remaining $10,000 will be payable on a quarterly basis. Extraordinary out - of- pocket expenses defined as direct expenses for borough- directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7. The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH HICKEY & ASSOCIATES A4L Rick L. Gifford, Borough Manager Mark S. Hickey, President September 4, 2010 Date Date ATTEST: Nova M. Javier, CMC, Borough Clerk Date KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.A.5 TITLE: Contract No. FY2011 -13 - Purchase Front -Wheel Loader for Landfill Operations. SUMMARY: The baler facility processes the solid waste generated by the community. On an average this amounts to approximately 27 tons per day. The landfill staff's ability to safely and efficiently process this daily quantity of waste brought to the landfill relies heavily on equipment capable of handling this waste. And, it is essential to landfill operations and regulatory compliance for the Borough to possess appropriate, functioning equipment. The current front -end loader was purchased in 2000. It is past its useful life (the life expectancy for this piece of equipment, being used as it is at the landfill, is five years) and it is fully depreciated. The cost of repairs continues to rise, which requires mechanics to be brought from off - island to conduct major repairs. Funds are available for the purchase of a new front -end loader. It will allow for more efficient snow removal, road maintenance, and is the primary piece of equipment for stacking bales and loading daily cover. The new equipment will require regular preventative maintenance, which baler staff will provide. The State of Alaska routinely solicits for heavy equipment bids for which orders may be filled over a period of years. State statute allows municipalities to participate by ordering from the successful bidder under the terms and favorable pricing contained in the state contract. The process is called a tag -on to the state contract. KIB solicited for bids for the equipment on the open market to assure that the state contract provided the best value to KIB. All bids exceeded the bid price under the state contract. Yukon Equipment, Inc., of Anchorage is the successful bidder on the state contract. Including all options required by KIB, the purchase amount to be approved is $251,009 FOB Kodiak. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: $251,009.00 • APPROVAL FOR AGENDA: - cG�C '-`11 - RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -13 with Yukon Equipment, Inc. of Anchorage, Alaska to purchase a 2010 Case 821E Wheel Loader with all standard features and options listed in the proposal as a tag - on to the State of Alaska Bid # 1334 in an amount not to exceed $251,009. Form Ver. 06/30/2009 907 276 6795 Yukon EquIpment 14:51:07 12 -14 -2009 1/1 Sw aNG ALI. nh'4 L ist, 1 I T I - � ^'' YUKON EQUIPMENT, INC. a 2020 E. 3rd Avenue, Anchorage, AK 99501 -2994 C ,. y4 (907) 277 -1541 • FAX (907) 276 -6795 www.yukoneq.com CASE SINCE 1945 December 9, 2009 Kodiak Island Boro Attention: Allen Torres We, at Yukon Equipment, Inc., are pleased to offer for your consideration lea New 2010 Case 821E Wheel Loaders equipped with all standard features and the following options: TAG ON TO STATE BID 1334 • Case 821E loader per specs on SEF 1334 • Limited slip differential axles - 23.5x25 L3 Bias tires — Cold weather package • Cab with heater / a/c- Valve, 4 -spool joystick with 1 -lever control • Cloth mechanical scat w /2" seat belt- Ride control • Weldco- Beales WLKAT hydraulic coupler • • 5 yr warranty, two part warranty at assigned loc. • FOB Seattle, Wa $174,652.00 . • Spare 23.5 x 25 L5 20 ply tire & wheel assy $ 3,428.00 • 2ea 4 yd GP Buckets Price ca 8,492.00 $16,984.00 • Up charge fort teeth, shanks and wear plates on I bucket $ 3,859.00 • Up charge for Sea L5 20 ply tires (4 on mach + sparc-mtg) S 10,445.00 • Multi- Directional HD Plow S 19,370.00 • 96" Fork assembly $ 8,870.00 • Down charge from 96" forks down to 60" fork assy $ <1,245,00> Freight to Kodiak, AK- ForLoader $ 10,705.00 Freight to Kodiak Ak- For Forks.Bucket,I3lade and spare tire S 3,941.00 TOTAL $251,009.00 Si • r• y� / / c hard Kimball Territory Manager Yukon Equipment, Inc. EQUIPMENT FOR CONTRACTING - UTILITY - GOVERNMENT KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2011 -06 Adopting a Legislative Capital Improvement Projects Priority List for the 2011 State Legislative Session. SUMMARY: This resolution compiles the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2011 legislative session. It is important to have this list completed early so that projects may be considered by the different state agencies and hopefully be included in the Governor's Capital Budget. This list will be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the project. FISCAL NOTES: NIA Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDAz --4 — V RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -06. Form Ver. 06/30/2009 Introduced by: Borough Manager Requested by: Borough Assembly 2 CORRECTED VERSION Drafted by: Special Projects 3 Support Christiansen 4 - Introduced: 09/16/2010 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2011 -06 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 11 PRIORITY LIST FOR THE 2011 LEGISLATIVE SESSION 12 13 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 14 Kodiak Island Archipelago living in six incorporated cities and one community governed by 15 a tribal council government; and 16 17 WHEREAS, a Borough —wide State legislative capital improvement program has been 18 adopted by the Kodiak Island Borough Assembly that identifies the major needs of the 19 island community for the next five years; and 20 21 WHEREAS, the Kodiak Island Borough has identified major projects to submit to the 22 Alaska Governor and State Legislative Delegation for funding consideration. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 25 ISLAND BOROUGH THAT: 26 27 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 28 priorities for the 2011 legislative session are as follows: 29 1. New High SchoolNocational Education Total estimated cost for the project: $80,800,000 Funding Sources: Sale of Bonds $65,300,000 State funding request: $15,500,000 The existing Kodiak High School complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete, is not energy efficient, and is overcrowded with 800 students in a school that was built for 550. The full project will renovate all existing facilities of the existing high school building and provide addition facilities to accommodate decades of student population growth. Additionally, this project will renovate existing spaces of the high school for administrative offices for School District -wide functions. A small obsolete building will be demolished to make room for the new academic wing. The primary objective of this project is to design the renovation of the existing facilities for current and future vocational, academic, art, athletic, and rural needs, and to build additional academic and common spaces to enrich the students' education with essential student activities and regional community involvement. This renovation and addition would capture the latest technology for energy efficiencies and sustainability. Kodiak Island Borough Resolution No. FY2011 -06 Page 1 of 6 Approximately $15,500,000 of the cost of this project is for vocational facilities that are needed for the Kodiak Island region. Funding for this project will come from a Borough - wide bond sale which will include local contribution and state reimbursement. Given the state's responsibility to provide vocational education and training, and the significantly higher costs vocational facilities add to the high school renovation, the Borough is requesting legislative funding for the vocational portion of the renovation in the amount of $15.5 million. 30 2. New Long Term Care Facility — Planning and Design Total estimated cost for the project: $1,500,000 Funding Sources: KIB, KANA, CDBG $225,000 State funding request: $1,275,000 Kodiak Island's only long term care facility is in need of replacement. The "Care Center" is housed in a former hospital wing that was never meant to be a nursing home. The use of this space presents space, safety, security, and privacy concerns in an institutional environment. A new facility, modeled after the Green House® concept, which feels more like a home than an institution is the preferred replacement. Planning and pre - development activities are necessary to determine the needs and financial feasibility of a new facility. 31 3. Pathway Design: Kodiak City Limits to USCG Base Entrance Total estimated cost for the project: $11,700,000 This project was Funding Sources: KIB $1,59;000 moved from #11 State funding request: $1;590;000 to #3; the State The Kodiak Island Borough, in conjunction with the City of Kodiak and interested funding request community members, is working to develop a designated pedestrian /bike pathway amount was system for Kodiak residents and visitors. This pathway will complement Kodiak's road increased by system by providing safe bike and pedestrian access from the northern most end of the $100,000 to road system, at White Sands Beach, to the Bells Flats community south of the City of include Kodiak. This phase of the project addresses a segment of the pathway, Phase I, which environmental services; and the will extend from the Kodiak City boundary (Deadman's Curve) and a well used scenic Funding Sources overlook to the entrance of the USCG Base. Other phases of the project, outside the . amount was City of Kodiak, are: Phase II from the USCG Base entrance to Panamaroff Creek (Bells changed to Flats community) and Phase III from Otmeloi Way to White Sands beach. Each of these reflect a 10% phases is a significant component of an integrated, community friendly pathway system. match by KIB. A planning level scoping document has already been completed to support this project. Total project costs for this phase of the pathway project is estimated at $11.7 million; the Kodiak Island Borough is requesting State funding assistance for design and engineering costs associated with this section of pathway. 32 33 Kodiak Island Borough Resolution No. FY2011 -06 Page 2 of 6 38 6. Womens Bay Tsunami /Emergency Shelter This project was Total estimated cost for the project: $1,500,000 moved from #3 Funding Sources: HUD EDI $475,000 to #6. State funding request: $1,025,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located , 8 miles from town and 2 miles from the United States Coast Guard Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, the community of 700 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens. Bay Fire Department. A 2,500 square foot addition with an emergency generator is proposed. Department of Housing and Urban Development, Economic Development Initiative funds in the amount of $475,000 have been appropriated for this project. 39 7. Service Area Paving $5,000,000 This project was Funding Sources: KIB $1,000,000 moved from #4 State funding request: $4,000,000 to #7. This project addresses the on -going need to pave portions of Borough Service Area roads. There are approximately 26 miles of road among four Road Service Areas that connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads as well as improvements to . major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood. Kodiak's road construction material is shale /mudstone that breaks down easily into fine air borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road bed material promote major maintenance issues with the development of pot holes and degradation of road surfaces. Residents located within the paving area will contribute, through a local improvement district, a percentage of the engineering and improvement costs: Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost to the residents. The Borough's paving needs will be phased in and completed on a priority basis as funding is available. 40 8. Emergency Generators for Schools This project was Total estimated cost for the project: $3,206,000 moved from #5 State funding request: $2,564,800 to #8. Many of our in -town and village school facilities act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. We have identified and prioritized the need to equip the following schools with emergency generators: East Elementary School $780,000 Kodiak High School $466,000 Kodiak Island Borough Resolution No. FY2011 -06 Page 4 of 6 34 4. Anton Larsen Dock Total estimated cost for the project: $2;000 This project was Funding Sources: KIB $15,000 moved from #12 State funding request: $2000716 to #4; the The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was estimated project cost was originally constructed as a supply dock for work associated with the Terror Lake changed from Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, Sim to $2m; the the Borough became interested in it. It is a facility that is heavily used by residents of the State Funding rural communities of Port Lions and Ouzinkie, as well as those living on the island's west request was side. During the summer it is also used by charter boats and sport and commercial changed from fishermen. $100,000 to This interest resulted from the boating g public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. Total project cost is estimated at $1 million; we are requesting state funding assistance in the amount of $100,000 for engineering and design of the needed improvements. 35 5. Traffic Safety Lighting from the City of Kodiak to the United States Coast Guard Base, Planning and Design This project was Total estimated cost for the project: $15,000,000 moved from #7 State funding request: $20 00 00 to #5; the State One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support funding request Center and neighborhoods located roughly south of town. This stretch of roadway amount was between the city limits and the Coast Guard Base is approximately five miles of dark, changed from two lane winding roadway with an average speed limit of 45 miles per hour. The lack of $1.5m to $2m highway lighting is a significant safety concern along this section of heavily traveled road. 36 37 Kodiak Island Borough Resolution No. FY2011 -06 Page 3 of 6 Old Harbor village school $1,007,000 Karluk village school $33,000 Port Lions village school $920,000 Equipping these facilities with emergency generators will provide power for sheltering needs and back -up power during short term loss of electricity. These generators will be housed permanently at the school facilities and become part of the building. Located at these sites, they can be tested, operated and maintained as part of the service to the overall school building. 41 9. Engineering & Design for East Elementary Traffic Flow Improvements Total estimated cost for the project: $500,000 This project was Funding Sources: KIB $50,000 moved from #6 State funding request: $450,000 to #9. Reconfiguration of the existing parking area at East Elementary School will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load. 42 10. Peterson Elementary School Parking Lot Paving Total estimated cost for the project: $1,150,000 This project was Funding Sources: KIB $115,000 moved from #9 State funding request: $1,035,000 to #10: Peterson Elementary School is one of six "in- town" public schools of Kodiak. Each of the other five schools has paved driveways and parking spaces. Peterson's surrounding topography is very level thus making drainage a challenge. This weak drainage forces a routine battle against the development of potholes throughout its gravel driveways and parking areas. All surrounding public roadways within four miles of the school are paved. Paving this school's driveways and parking will provide safer and cleaner facilities for our students, faculty, staff and parents. 43 11. Maintenance (painting) of the Near Island Bridge Total estimated cost for the project: $10,000,000 This project was State funding request: $10,000,000 • moved from #10 to #11. Bridge work currently conducted by the Alaska Department of Transportation is performed based on safety issues. Proper maintenance and painting will ensure the long term usefulness and safety of the Near Island Bridge. This project will include sandblasting and painting of the bridge. 44 12. Chiniak Warning Siren This project was Total estimated cost for the project: $45,000 moved from #13 State funding request: $45,000 to #12 upon Due to the linear development of the Chiniak community, the existing warning siren is • deletion of the not audible to all areas of the community. A siren could be placed in a second location in Baranof Park Chiniak to alert this section of the community. project. Kodiak Island Borough Resolution No. FY2011 -06 Page 5 of 6 13. Planning and Design for Mill Bay Beach Access Improvements This project was Total estimated cost for the project: $63,000 moved from #14 State funding request: $63,000 to #13 upon Mill Bay Beach is heavily used by residents, sport fishermen and the community who deletion of the come to view this bay located close to town. New construction items proposed here Baranof Park include the construction of new access stairs and walkways, as well as trail project. enhancements between the two beaches, and a small raft/kayak launch. 46 14. Womens Bay Playground Upgrades Total estimated cost for the project: $100,000 I This project was Funding Sources: Grants, other funds $50,000 moved from #15 State funding request: $50,000 to #14 upon deletion of the The playground equipment in the parks in the Womens Bay community, Panamaroff Baranof Park Park, and Sargent Creek Park, is estimated to be thirty years old. The equipment is in project. need of replacement. These parks serve each side of the Womens Bay community and are the recreational centers of the two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for many needed improvements. The goal is to provide safe playground equipment for the Womens Bay community. 47 48 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 49 State of Alaska Governor and Legislative Delegation of the Capital 50 Improvement Projects Priority List adopted by the Kodiak Island Borough 51 Assembly. 52 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2010 56 57 KODIAK ISLAND BOROUGH 58 59 60 61 ATTEST: Jerome M. Selby, Borough Mayor 62 63 64 65 Nova M. Javier. MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -06 Page 6 of 6 Introduced by: Borough Manager Requested by: Borough Assembly 2 Drafted by: Special Projects 3 Support Christiansen 4 Introduced: 09/16/2010 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2011 -06 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 11 PRIORITY LIST FOR THE 2011 LEGISLATIVE SESSION 12 13 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 14 Kodiak Island Archipelago living in six incorporated cities and one community governed by 15 a tribal council government; and 16 17 WHEREAS, a Borough —wide State legislative capital improvement program has been 18 adopted by the Kodiak Island Borough Assembly that identifies the major needs of the 19 island community for the next five years; and 20 21 WHEREAS, the Kodiak Island Borough has identified major projects to submit to the 22 Alaska Governor and State Legislative Delegation for funding consideration. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 25 ISLAND BOROUGH THAT: 26 27 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 28 priorities for the 2011 legislative session are as follows: 29 1. New High SchoolNocational Education Total estimated cost for the project: $80,800,000 Funding Sources: Sale of Bonds $65,300,000 State funding request: $15,500,000 The existing Kodiak High School complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete, is not energy efficient, and is overcrowded with 800 students in a school that was built for 550. The full project will renovate all existing facilities of the existing high school building and provide addition facilities to accommodate decades of student population growth. Additionally, this project will renovate existing spaces of the high school for administrative offices for School District -wide functions. A small obsolete building will be demolished to make room for the new academic wing. The primary objective of this project is to design the renovation of the existing facilities for current and future vocational, academic, art, athletic, and rural needs, and to build additional academic and common spaces to enrich the students' education with essential student activities and regional community involvement. This renovation and addition would capture the latest technology for energy efficiencies and sustainability. Kodiak Island Borough Resolution No. FY2011 -06 Page 1 of 5 Approximately $15,500,000 of the cost of this project is for vocational facilities that are needed for the Kodiak Island region. Funding for this project will come from a Borough - wide bond sale which will include local contribution and state reimbursement. Given the state's responsibility to provide vocational education and training, and the significantly higher costs vocational facilities add to the high school renovation, the Borough is requesting legislative funding for the vocational portion of the renovation in the amount of $15.5 million. 30 2. New Long Term Care Facility — Planning and Design Total estimated cost for the project: $1,500,000 Funding Sources: KIB, KANA, CDBG $225,000 State funding request: $1,275,000 Kodiak Island's only long term care facility is in need of replacement. The "Care Center" is housed in a former hospital wing that was never meant to be a nursing home. The use of this space presents space, safety, security, and privacy concerns in an institutional environment. A new facility, modeled after the Green House® concept, which feels more like a home than an institution is the preferred replacement. Planning and pre - development activities are necessary to determine the needs and financial feasibility of a new facility. 31 3. Womens Bay Tsunami /Emergency Shelter Total estimated cost for the project: $1,500,000 Funding Sources: HUD EDI $475,000 State funding request: $1,025,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the United States Coast Guard Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, the community of 700 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire Department. A 2,500 square foot addition with an emergency generator is proposed. Department of Housing and Urban Development, Economic Development Initiative funds in the amount of $475,000 have been appropriated for this project. 32 4. Service Area Paving $5,000, Funding Sources: KIB $1,000, State funding request: $4,000, This project addresses the on -going need to pave portions of Borough Service Area roads. There are approximately 26 miles of road among four Road Service Areas that connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads as well as improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood. Kodiak's road construction material is shale /mudstone that breaks Kodiak Island Borough Resolution No. FY2011 -06 Page 2 of 5 down easily into fine air borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road bed material promote major maintenance issues with the development of pot holes and degradation of road surfaces. Residents located within the paving area will contribute, through a local improvement district, a percentage of the engineering and improvement costs. Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost to the residents. The Borough's paving needs will be phased in and completed on a priority basis as funding is available. 33 5. Emergency Generators for Schools Total estimated cost for the project: $3,206,000 State funding request: $2,564,800 Many of our in -town and village school facilities act as emergency shelters during extreme weather events or during times of natural or economic catastrophes. We have identified and prioritized the need to equip the following schools with emergency generators: East Elementary School $780,000 Kodiak High School $466,000 Old Harbor village school $1,007,000 Karluk village school $33,000 Port Lions village school $920,000 Equipping these facilities with emergency generators will provide power for sheltering needs and back -up power during short term loss of electricity. These generators will be housed permanently at the school facilities and become part of the building. Located at these sites, they can be tested, operated and maintained as part of the service to the overall school building. 34 6. Engineering & Design for East Elementary Traffic Flow Improvements Total estimated cost for the project: $500,000 Funding Sources: KIB $50,000 State funding request: $450,000 Reconfiguration of the existing parking area at East Elementary School will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load. 35 Traffic Safety Lighting from the City of Kodiak to the United States Coast Guard 7. Base, Planning and Design Total estimated cost for the project: $15,000,000 State funding request: $1,500,000 One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support Center and neighborhoods located roughly south of town. This stretch of roadway between the city limits and the Coast Guard Base is approximately five miles of dark, Kodiak Island Borough Resolution No. FY2011 -06 Page 3 of 5 two lane winding roadway with an average speed limit of 45 miles per hour. The lack of highway lighting is a significant safety concern along this section of heavily traveled road. 36 8. Phase I Baranof Park Improvements Total estimated cost for the project: $4,000,( State funding request: $2,000,( Baranof Park is a regional recreational facility located within the City of Kodiak that serves not only City residents, but the entire region. The Park serves as an important educational facility for both the Kodiak Middle School and the Kodiak High School, neither of which have any other outdoor educational facilities. This project requires the replacement of the aging track, replacement of two playing fields, necessary drainage improvements, fencing and some utility improvements, with an estimated total cost of $7 million. At least half of the needs for this project are due to Kodiak Island Borough School District use of the facility. Preliminary engineering plans and bid specifications for this project were completed in 2007. Phase I of this project is estimated to cost $4 million. Phase I includes removal of the deteriorating synthetic surface track and infield area used for football, soccer, physical education classes, and other sports, and replacement with a new synthetic track and synthetic surface infield better suited to multi - purpose use. 37 9. Peterson Elementary School Parking Lot Paving Total estimated cost for the project: $1,150,000 Funding Sources: KIB $115,000 State funding request: $1,035,000 Peterson Elementary School is one of six "in- town" public schools of Kodiak. Each of the other five schools has paved driveways and parking spaces. Peterson's surrounding topography is very level thus making drainage a challenge. This weak drainage forces a routine battle against the development of potholes throughout its gravel driveways and parking areas. All surrounding public roadways within four miles of the school are paved. Paving this school's driveways and parking will provide safer and cleaner facilities for our students, faculty, staff and parents. 38 10. Maintenance (painting) of the Near Island Bridge Total estimated cost for the project: $10,000,000 State funding request: $10,000,000 Bridge work currently conducted by the Alaska Department of Transportation is performed based on safety issues. Proper maintenance and painting will ensure the long term usefulness and safety of the Near Island Bridge. This project will include sandblasting and painting of the bridge. 39 11. Pathway Design: Kodiak City Limits to USCG Base Entrance Total estimated cost for the project: $11,700,000 Funding Sources: KIB $149,000 Kodiak Island Borough Resolution No. FY2011 -06 Page 4 of 5 State funding request: $1,490,000 The Kodiak Island Borough, in conjunction with the City of Kodiak and interested community members, is working to develop a designated pedestrian /bike pathway system for Kodiak residents and visitors. This pathway will complement Kodiak's road system by providing safe bike and pedestrian access from the northern most end of the road system, at White Sands Beach, to the Bells Flats community south of the City of Kodiak. This phase of the project addresses a segment of the pathway, Phase I, which • will extend from the Kodiak City boundary (Deadman's Curve) and a well used scenic overlook to the entrance of the USCG Base. Other phases of the project, outside the City of Kodiak, are: Phase II from the USCG Base entrance to Panamarof Creek (Bells Flats community) and Phase III from Otmeloi Way to White Sands beach. Each of these phases is a significant component of an integrated, community friendly pathway system. A planning level scoping document has already been completed to support this project. Total project costs for this phase of the pathway project is estimated at $11.7 million; the Kodiak Island Borough is requesting State funding assistance for design and engineering costs associated with this section of pathway. 40 12. Anton Larsen Dock Total estimated cost for the project: $1,000,000 Funding Sources: KIB $15,000 State funding request: $100,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sport and commercial fishermen. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. Total project cost is estimated at $1 million; we are requesting state funding assistance in the amount of $100,000 for engineering and design of the needed improvements. 41 13. Chiniak Warning Siren Total estimated cost for the project: $45,000 State funding request: $45,000 Due to the linear development of the Chiniak community, the existing warning siren is not audible to all areas of the community. A siren could be placed in a second location in Chiniak to alert this section of the community. Kodiak Island Borough Resolution No. FY2011 -06 Page 5 of 5 42 14. Planning and Design for Mill Bay Beach Access Improvements Total estimated cost for the project: $63,000 State funding request: $63,000 Mill Bay Beach is heavily used by residents, sport fishermen and the community who come to view this bay located close to town. New construction items proposed here include the construction of new access stairs and walkways, as well as trail enhancements between the two beaches, and a small raft/kayak launch. 43 15. Womens Bay Playground Upgrades Total estimated cost for the project: $100,000 Funding Sources: Grants, other funds $50,000 State funding request: $50,000 The playground equipment in the parks in the Womens Bay community, Paramanoff Park and Sargent Creek Park, is estimated to be thirty years old. The equipment is in need of replacement. These parks serve each side of the Womens Bay community and are the recreational centers of the two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for many needed improvements. The goal is to provide safe playground equipment for the Womens Bay community. 44 45 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 46 State of Alaska Governor and Legislative Delegation of the Capital 47 Improvement Projects Priority List adopted by the Kodiak Island Borough 48 Assembly. 49 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF 2010 53 54 KODIAK ISLAND BOROUGH 55 56 57 58 ATTEST: Jerome M. Selby, Borough Mayor 59 60 61 62 Nova M. Javier. MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -06 Page 6 of 5 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Approval of the October 5, 2010 Regular Municipal Election Workers. SUMMARY: Per KIBC 7.30.010A Election Officials. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: �jD - er a d e RECOMMENDED MOTION: Move to approve the regular municipal election workers as submitted by the Borough Clerk. Form Ver. 06/30/2009 MEMORANDUM �QRF�1e� TO Kodiak Island Borough Assembly FROM: Nova M. Javier, MMC, Borough Clerk DATE : September 16, 2010 RE. Regular Municipal Election - October 5, 2010 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 5, 2010 Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 618 KODIAK NO. 2 PRECINCT NO. 620 Chair Merle Powell Chair Linda Sutton Judge Sandy Peotter Judge Esther Waddell Judge Justine Hartman Judge Helen Williams Judge Yvonne Boudreau Judge Carol Wandersee Relief Gretchen Saupe Judge Sonia Downing Relief Vicky Mackey Judge Jessica Goss Relief Margaret Bosworth Alternate Dick Waddell Translator Nita Nicolas Translator Patilou Peralta Translator Angelito Llave MISSION ROAD PRECINCT NO. 622 FLATS PRECINCT NO. 608 Chair Mike Marion Co -Chair Nicola Belisle Judge Ellen Marion Co -Chair Michelle Weekly Judge Sarah Dunn Judge Katherine Skinner Judge Joan Burnett Judge Dale Rice Judge David Blacketer Judge Marie Rice Judge Anita Sholl Relief Greg Egle Judge Mary Ann Hickey Robin Killeen CAPE CHINIAK PRECINCT NO. 605 LARSEN BAY PRECINCT NO. 615 Chair Deborah Henderson Chair Charlene Clampffer Co -Chair Diane Connie Patterson Co -Chair Annabelle Wick Judge Teresa Stone Judge Nixon Malutin Judge Susan Patterson Judge Judge Jane Williams Wheeler Judge Nellie Travis OLD HARBOR PRECINCT NO. 625 OUZINKIE PRECINCT NO. 635 Chair Frances French Chair Chandra Wommack Judge Neta Graves Co -Chair Amber Panamarioff Judge Justina Ignatin Judge Michelle Johnson Judge Anna Nestic Judge Gale Boskofsky PORT LIONS PRECINCT NO. 645 ACCUVOTE BOARD Chair Diane Cole Kodiak Island Borough Clerk's Office Staff Judge Judy Clayton City of Kodiak Clerk's Office Staff Judge Mary Strong Judge Janet Thomsen Judge Sheila Biehl Judge Roxanne McGavran RECEIVING BOARD / HAND COUNT BOARD CANVASS BOARD Bonnie Baker Mary Doubt Catherine Loewen Claudia Anderson Judy Starrett Susan Schmeisser Randy Busch Sally Haldewang Cathy Cordry (Backup /alternate) Diane Mann (Backup /alternate) MEMORANDUM TO Kodiak Island Borough Assembly FROM : Nova M. Javier, MMC, Borough Clerk DATE : September 16, 2010 RE. Regular Municipal Election - October 5, 2010 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 6, 2009 Regular Municipal Election. KODIAK NO. 1 PRECINT NO. 618 KODIAK NO. 2 PRECINCT NO. 620 Chair Merle Powell Chair Linda Sutton Judge Sandy Peotter Judge Esther Waddell Judge Justine Hartman Judge Helen Williams Judge Yvonne Boudreau Judge Carol Wandersee Relief Gretchen Saupe Judge ,k .`'' Sonia Downing Relief Vicky Mackey Judge ,; Jessica Goss Relief Margaret Bosworth Alternate , Dick Waddell Translator Nita Nicolas Translator w t , Patilou Peralta MISSION ROAD PRECINCT NO. 622 /FLATS " � PRECINCT NO. 608 Chair Mike Marion y . C -Chair `: r t Nicola Belisle Judge Ellen Marion` `Co -Chair " !:; Michelle Weekly Judge Sarah Dunn Judge �'Katherine Skinner Judge Joan Burnett Judge �, `, 2 Dale Rice Judge David Blacketer "`,, Judge y Marie2Rice Judge Anita Sholl < Relief Greg Egle Judge "V):').- _ Mary Ann Hickey Robin Killeen CAPE CHINIAK PRECINCT NO. 605°,, ;, LARSEN BAY PRECINCT NO. 615 Chair Deborah,Henderson �' A, Cliair24,, Charlene Clampffer Co -Chair pane Corinref atterson ,Co "Chair y(r4;;'`, Annabelle Wick Judge Teresa Stone ";1 "='"`Judge ''''w Nixon Malutin Judge SUsah Pattersori N,° Judge Judge Jane'Williams Wheeler . .:N. Judge IIs 1 '*.Nellie Travis. - -� * 7 OLD HARBOR PR ECINCT`NO: 625 , OUZINKIE PRECINCT NO. 635 Chair " °? Frances Frenchc v `Chair Chandra Wommack Judge <IX Neta Graves „, P,:, Co -Chair Amber Panamarioff Judge V r; Justina Ignatin ��'I�, Judge Michelle Johnson Judge ' Anna Nestic;s Judge Gale Boskofsky PORT LIONS `cPRECINCT,'NO. 645 ACCUVOTE BOARD Chair Di Cole `,1 Supervisor Nova Javier Judge Jud' Clayton Coordinator Marylynn McFarland Judge Mary`Strong Coordinator Jessica Kilborn Judge Janet Thomsen Coordinator Debra Marlar Judge Sheila Biehl Coordinator Barbara Volpe Judge Roxanne McGavran Coordinator Sheree McCarthy RECEIVING BOARD / HAND COUNT CANVASS BOARD BOARD Bonnie Baker Mary Doubt Catherine Loewen Claudia Anderson Susan Schmeisser Randy Busch Sally Haldewang Diane Mann (Backup /alternate) MEMORANDUM TO Kodiak Island Borough Assembly FROM: Nova M. Javier, MMC, Borough Clerk DATE : September 16, 2010 RE. Regular Municipal Election - October 5, 2010 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 5, 2010 Regular Municipal Election. KODIAK NO. 1 PRECINT NO. 618 KODIAK NO. 2 PRECINCT NO. 620 Chair Merle Powell Chair Linda Sutton Judge Sandy Peotter Judge Esther Waddell • Judge Justine Hartman Judge Helen Williams Judge Yvonne Boudreau Judge Carol Wandersee Relief Gretchen Saupe Judge Sonia Downing Relief Vicky Mackey Judge Jessica Goss Relief Margaret Bosworth Alternate Dick Waddell Translator Nita Nicolas Translator Patilou Peralta Translator Angelito Llave MISSION ROAD PRECINCT NO. 622 FLATS PRECINCT NO. 608 Chair Mike Marion Co -Chair Nicola Belisle Judge Ellen Marion Co -Chair Michelle Weekly Judge Sarah Dunn Judge Katherine Skinner Judge Joan Burnett Judge Dale Rice Judge David Blacketer Judge Marie Rice Judge Anita Sholl Relief Greg Egle Judge Mary Ann Hickey Robin Killeen CAPE CHINIAK PRECINCT NO. 605 LARSEN BAY PRECINCT NO. 615 Chair Deborah Henderson Chair Charlene Clampffer Co -Chair Diane Connie Patterson Co -Chair Annabelle Wick Judge Teresa Stone Judge Nixon Malutin Judge Susan Patterson Judge Judge Jane Williams Wheeler Judge Nellie Travis OLD HARBOR PRECINCT NO. 625 OUZINKIE PRECINCT NO, 635 Chair Frances French Chair Chandra Wommack Judge Neta Graves Co -Chair Amber Panamarioff Judge Justina Ignatin Judge Michelle Johnson Judge Anna Nestic Judge Gale Boskofsky PORT LIONS PRECINCT NO. 645 ACCUVOTE BOARD Chair Diane Cole Kodiak Island Borough Clerk's Office Staff Judge Judy Clayton City of Kodiak Clerk's Office Staff Judge Mary Strong Judge Janet Thomsen Judge Sheila Biehl Judge Roxanne McGavran RECEIVING BOARD / HAND COUNT BOARD CANVASS BOARD Bonnie Baker Mary Doubt Catherine Loewen Claudia Anderson Judy Starrett Susan Schmeisser Randy Busch Sally Haldewang Cathy Cordry (Backup /alternate) Diane Mann (Backup /alternate) KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 16, 2010 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board. SUMMARY: There are currently two vacancies on the Solid Waste Advisory Board. One application was received from Ms. Darlene Turner for the term to expire December 31, 2012. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 4 -r RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Ms. Darlene Turner to the Retail Business Representative Seat on Solid Waste Advisory Board for a term to expire December 2012. Form Ver. 06/30/2009 Jessica Kilborn From: support@civicplus.com Sent: Saturday, September 04, 2010 9:59 AM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Solid Waste Advisory Board Full Name:: Darlene 1 Turner Residence Address:: 2046 Three Sisters Way Mailing Address (if different from above):: 2046 Three Sisters Way Home Phone Number:: 4866390 Work Number:: 4816390 Cell or Fax Number: : 5392811 Occupation:: Owner - A Smiling Bear B &B Email Address (This address will be used for correspondence):: darlene @asmilingbear.com Length of residency in Kodiak:: 17 years Are you a registered voter ?:: Yes High School:: Parkrose Sr Hi, Portland Or College:: U of L, Southern Police Instiute Trade or Business School:: Alaska State Trooper Academy, SPI Homicide Inv Course, DEA Basic and Advanced Drug Inves. Course, Hobbies:: gardening, sport fishing, scuba diving, public service, travel, reading Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which:: Chairman - Monashka Bay Road Sewrvice Distirct Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Chair, Planning and Zoning Committee Please list organization memberships and positions held:: Kodiak Rotary, Past President, board of directors, member; Habitat for Humanity Kodiak, President; Alutiiq Museum Colection Committee member; KICVB board member; Past VP & board member Kodiak Chamber; Program Manager Kodiak Teen Court, Owmer - A Smiling Bear B &B; Past KIB Assembly Member Please list areas of special interest:: Please enter basic resume information below:: DARLENE J. TURNER 2046 Three Sisters Way, Kodiak, Alaska, 99615 907- 486 -6390 PROFESSIONAL EXPERIENCE OWNER /OPERATOR — A SMILING BEAR BED AND BREAKFAST '' APRIL 2002 ' PRESENT KODIAK TEEN COURT, INC. — PROGRAM MANAGER AUGUST 2007 — PRESENT A NON- PROFIT CORPORATION Management of all KTC programs. Set up case night for pending cases and select youth volunteer to participate in court cases. — Supervision of client probation requirements as dictated by KTC Justices. — Provide full reporting to DJJ on services provided to clients and budget expenditures on a quarterly basis. — Develop annual budget for Board approval. — Enter into contract negotiations for local services. — Authorize local billings up to $500 and seek board approval for expenditures over $500. — Research, write and implement, operating procedure guidelines. — Establish and maintain close working relationships with the Division of Juvenile Justice, the Kodiak Court System, the Kodiak District Attorneys office, the local ASAP office and other Federal, State, City and Borough agencies. Maintain all office equipment. — Research, establish, write and submit requirements for grants and administer grants received. $Provide fund raising support and assistance to the KTC youth and adult volunteers. KODIAK CHAMBER OF COMMERCE — VICE PRESIDENT OCTOBER 2006 — OCTOBER 2007 A NON- PROFIT CORPORATION KODIAK ISLAND VISITOR AND CONVENTION BUREAU "' BOARD MEMBER — MAY 2010 " PRESENT CHAMBER OF COMMERCE BOARD OF DIRECTORS OCTOBER 2004 — OCTOBER 2007 (TERM LIMIT) HABITAT FOR HUMANITY KODIAK "' PRESIDENT DECEMBER 1999 — PRESENT A NON- PROFIT CORPERATION MONASHKA BAY ROAD SERVICE DISTRICT BOARD CHAIRPERSON — NOVEMBER 2000 PRESENT ELECTED BOROUGH OFFICIAL KODIAK ISLAND BOROUGH ASSEMBLY MEMBER " NOVEMBER 2000 ^' NOVEMBER 2003 ELECTED BOROUGH OFFICIAL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION COMMISSIONER /CHAIRPERSON — 1995 - 2000 APPOINTED BOROUGH OFFICIAL ALUTIIQ MUSEUM COLLECTION COMMITTEE " MEMBER —JUNE 1999 ^' PRESENT 2 RETIRED FROM ALASKA STATE TROOPERS —JULY 11 -1977 TO JULY 31, 2000 ALASKA STATE TROOPERS Sergeant, November 20, 1993 to July 31, 2000 - Kodiak Post Commander • Management and supervision of five commissioned state troopers, three civilian dispatchers and five village public safety officers. ^' Provide full police service to the Kodiak Island archipelago that covers approximately 6,000 sq. miles and has a population of 14,000 persons. This includes the unincorporated portion of the City of Kodiak (7,140), six native villages, one Russian village and several unincorporated communities. ^' Recruitment and selection of civilian personnel. — Develop memorandums of understanding with local Federal, State and Borough agencies. ^' Search and Rescue Coordinator for the Kodiak Island Arcopelico. ^' Enter into contract negotiations for local services. $ Maintain budget on overtime for all personnel. $ Authorize local billings. Research, write and implement, operating procedure guidelines for Kodiak post. — Establish and maintain close working relationships with the various commands of the United States Coast Guard, the Kodiak Police Department, the Kodiak Court System, the Kodiak District Attorneys office, and many other Federal, State and Borough agencies. ^' Maintain and deploy vehicle fleet and other assigned post equipment. $ Research, establish, write and submit requirements for new State Trooper building in Kodiak, oversee building project. Homicide Investigator, and Narcotics Investigator, February 1989 Major Crimes Unit, Criminal Investigation Bureau and Anchorage Metro Drug Unit Task Force. ^'Investigation of homicides and other major crimes throughout the State of Alaska. $Assist local jurisdictions in the investigations of homicides upon request. $Conduct Administrative Investigations within the Department. $Act as a Hostage Negotiator for the Department . Act as Officer- in- Charge of the Major Crimes Unit, on occasion. "Developed a lesson plan and instructed crime scene investigation at the Department of Public Safety Academy, and for other Federal and municipal agencies. ^' Managed undercover drug operations as case officer. "Supervised three special commissioned deep cover officers. $Developed and managed informants in a wide variety of drug operations. - Planned implemented and supervised a special Auniformed@ street drug investigative team, consisting of six uniformed Anchorage Police Officers. Trooper, July 11, 1977 Anchorage Post, Prudhoe Bay Post, and Public Safety Academy. ^' Field Training Officer. — Initiating investigation of felony and misdemeanor criminal complaints, processing crime scenes, arresting defendants, assisting the District Attorney with the prosecution of criminal cases, investigating traffic accidents, issuing citations. $ Presented Safety Bear Program to over 52,000 Alaska grade school children $ Setup and transported state prisoners within the State of Alaska and to the lower 48 States. $ Assessed traffic problems through statistical evaluation and implemented programs to selectively enforce traffic offenses and reduce major and fatal accidents. ^' Prudhoe Bay /Deadhorse Outpost trooper responsible for 10,000 sq mile area of North Slope. United States Air Force Sergeant, September 1971 through March 1977 Law Enforcement Specialist — 81250 $ Represented Mather A.F.B. and the Air Training Command at the USAF 1974 Career Motivation Conference. Administration Specialist with experience in procurement. - 70250. EDUCATION UNIVERSITY OF LOUISVILLE, LOUISVILLE, KENTUCKY, SOUTHERN POLICE INSTITUTE - ADMINISTRATIVE OFFICERS COURSE - DIPLOMA, NOVEMBER 1996 3 Parkrose Senior High School, Portland, Oregon, Diploma, June 1971 CONTINUING EDUCATION More than 2463 hours of Police Service, Leadership and Management training that includes ICS management, ANACAPA analytical investigator course, critical stress debriefing team member course, management survival skills, managing search operations, first line supervisors course, coaching and team building, field training officer, arson investigation, REID basic and advanced certificate, DEA drug investigator basic and advanced certificate, SPI homicide investigator course, child sexual abuse investigation course, methods of instruction, auto theft investigation, officer survival, and firearms proficiency and auto transition training. A detailed list of training is available upon request. CERTIFICATIONS AND SKILLS — Proficient Computer skills with Microsoft Office 2002 and 2007 — Budget management for major home building projects for Habitat for Humanity — Kodiak Certified ASLET Instructor - Alaska " Certified Advanced Open Water Scuba Diver (2001) — Critical Incident Stress Debriefing Team Member ICS 300 AFFILIATIONS BOARDS — COMMISSIONS — Kodiak Rotary — President (2000^2001) Rotary Assistant District Governor 5010 (2001 — Kodiak Rotary Club Board of Directors & Member Habitat for Humanity — Kodiak, Board President — Alutiiq Museum Collections Committee Member "Soroptimist International of Kodiak, Board Member $International Association of Women Police Member Kodiak Visitor & Convention Bureau Member$ Kodiak Bed and Breakfast Association Board Member $Police Women of Alaska, Past Board Member Alaska Peace Officers Association Member $International Police Association Member - Past Regional Officer $Fraternal Order of the Alaska State Troopers $Past Drug Free Schools - Board Member, Kodiak Island School District' "Past Board Member Alaska Peace Officers for Christ $Past Kodiak Rocket Launch Advisory Group Member Past Explorer Scout Post Leader Past Kodiak Island Safety Net (Child Abuse Task Force) Member Past Kodiak Youth Services Committee Member Alaska Municipal League Member (2000- 2003)$Southwest Alaska Municipal Conference Member (2000 - 2003) Past Board Member Kodiak Teen Court "' Past Member American Society of Law Enforcement Trainers ' Past Kodiak Chamber of Commerce board member and Vice President Additional Information: Form submitted on: 9/4/2010 9:58:37 AM Submitted from IP Address: 65.74.83.168 Form Address: http: / /www.kodiakak.us /forms.aspx ?FID =72 4 ki' ;+ k KODIAK ISLAND BOROUGH �? 4 4 &p x `Y I JT 755 Ul di n ' .1 S' ; L #I'D'AW A Aap V3 S O ; ' B O A R D l '?x +�� ?a n�# ; � ' La '"1 . i .. i ilk ii �`�' - tk ..... _va i. - NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Cindy Harrington 2010 486 -9488 486 -9488 cindyh(a)alaska.com PO Box 8166 Kodiak, AK 99615 Gary Turk Martin 2012 486 -2629 486 -3215 garyimiturk(o)yahoo.com PO Box 2096 Kodiak, AK 99615 Nick Szabo (Chair) 2012 486 -3853 654 -3853 herschelCa�gci.net PO Box 1633 Kodiak, AK 99615 Donn Tracy 2011 907 -521- 486 -1879 donnthotmail.com 389 Neva Way 0655 Kodiak, AK 99615 Construction Business Representative Ed Mahoney 2010 486 -5759 539 -1234 buildersOptialaska.net PO Box 2281 Kodiak, AK 99615 Retail Business Representative 2012 Vacant Vacant 2010 NON VOTING EX OFFICIOS Assembly Representative Chris Lynch 487 -2244 539 -2494 chris .lynch(q�assembly.kodiakak.us 11175 Lake Orbin Drive Kodiak, AK 99615 KIB Staff Representative Vacant 486 -9348 • Environmental Specialist U.S.C.G. Representative David George 487 -5320 ext. 257 david.e.george(o)uscq.mil City of Kodiak Representative 486 -8060 Mark Kozak 486 -8066 mkozak(q?citY.kodiak.ak.us 2410 Mill Bay Road (fax) Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.145 I STAF�F 11 �9tTr ka a zt, d am^ r+ E/F DIRECTOR iWOODY KONING 486 9343 'wkoninq@kodiakak.us itE�F SRETA ECRY t MAR dd Y $BARBERC 486-9343 mbarber(o�kodiakak.us ENGI &F DEPAR - . , r re�p -, + b ra , r -� I r 7 1 0 MIL BAY ROA z( 4 d i t . , IROOM p M 2224 .1 s ri ' 1."d E :5555:i . iI .1. ' : KODIAK,AK99615 " °' '' ` Revision Date: 9/3/2010 Revised by: JK KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 9, 2010 SUMMARY ACTION ITEMS: REMOVED: There were no 2010/2011 certificated contracts completed for recommendation at the time of this Special Meeting. APPROVED: Motion to approve the FYI 1 Teacher Housing Lease Increase to include purchase order number 01050312 to Tina Strobbe in the amount of $1,350 for the period ofJuly 1, 2010, to August 15, 2010, and purchase requisition number 00024490 to Tina Strobbe in the amount of $9,500 for the period of August 16, 2010, to June 15, 2011. APPROVED: Motion to approve a Request to Bid Computer Network/System Services as presented. APPROVED: Motion to enter into Executive Session for a general update meeting with legal counsel and to include Superintendent Stewart McDonald, Assistant Superintendent Ron Fried, Director of Finance Luke Fulp and Attorney John Sedor. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's n'ebsite at www.kodiakschools.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 12, 2010 SUMMARY ACTION ITEMS: APPROVED: Motion to approve 2010/2011 certificated contracts to Emily Waters — MA +0 /0 in the amount of $47,587 for 1.0 FTE teacher at East Elementary School; Tia Leber — BA +0 /0 in the amount of $42,488 for 1.0 FTE teacher at Kodiak Middle School; and Amanda Johnson — MA +0 /0 in the amount of $47,587 for a one - year -only 1.0 FTE teacher at Kodiak Middle School. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at ivwiv.kodiakschools.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 23, 2010 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes - Regular Meeting Minutes of July 26, 2010 and Special Meeting Minutes of August 9, 2010 and August 12, 2010, as presented. *Approval ofa Request to Bid a Health and Wellness Incentive Program APPROVED: Motion to approve purchase requisition number 00024711 to Friesens Yearbook in the amount of $22,000 for Kodiak High School 2010/2011 yearbook production. APPROVED: Motion to approve the FYI I NCLB (No Child Left Behind) Integrated Programs Grant Award in the amount of $457,142. APPROVED: Motion to approve Memorandum of Agreement Number 01030011 to Alyson B. Davenport in the amount not to exceed $17,360 for the period of August 18, 2010, to September 30, 2010, for speech language services. APPROVED: Motion to approve Memorandum of Agreement Number 01030012 to Emerald Isle Therapy in the amount not to exceed $44,800 for occupational therapy services for the period of August 20, 2010, through May 24, 201 1 . APPROVED: Motion to acknowledge the reclaiming of Chiniak School, to open it as a K -12 school, and to forward a letter to Kodiak Island Borough requesting immediate possession and all maintenance responsibilities of the Chiniak School facility and its teacherage effective August 24, 2010. APPROVED: Motion to enter into Executive Session to discuss the Superintendent's evaluation and to include Superintendent Stewart McDonald. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District 's website at www.kodiakschools.arg. Kodiak Island Borough Assembly Regular Meeting Guidelines September 16, 2010, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Stutes who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of August 5, 2010, and Special Meeting of August 26, 2010. * Contract No. FY2011 -09 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. * Approval of October 5, 2010 Regular Municipal Election Workers. Recommended motion: Move to approve the agenda and consent agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting of August 5, 2010, and Special Meeting of August 26, 2010. 6. AWARDS AND PRESENTATIONS 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines September 16, 2010 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2011 -05 Amending Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax Section 3.40.010 Assessment Return to Change the Date for Filing Personal Property Tax Returns. Recommended motion: Move to adopt Ordinance No. FY2011 -05. Staff Report — Manager Gifford 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. 13. NEW BUSINESS A. Contracts 1.*Contract No. FY2011 -09 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. 2. Contract No. FY2011 -10 Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -10 with Clarion Company, Inc. for the Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project in an Amount not to Exceed $392,900. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 16, 2010 Page 2 3. Contract No. FY2011 -12 Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -12 with Brechan Enterprises, Inc. for the Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects in an amount not to exceed $110,140. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Contract No. FY2004 -61D Kodiak Island Borough Legislative Consultant During the 2011 and 2012 Legislative Sessions. Recommended motion: Move to authorize the manager to execute Contract No. FY2004 -61D with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2011 to December 31, 2012. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 5. Contract No. FY2011 -13 Purchase of Front Wheel Loader for Landfill Operations. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -13 with Yukon Equipment, Inc. of Anchorage, Alaska to purchase a 2010 Case 821E Wheel Loader with all standard features and options listed in the proposal as a tag -on to the State of Alaska Bid # 1334 in an amount not to exceed $251,009. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. . ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 16, 2010 Page 3 B. Resolutions 1. Resolution No. FY2011 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2011 Legislative Session. Clerk's Note: Attached on yellow copy is the corrected version of Resolution No. FY2011 -06 and letter from the Womens Bay Service Area Board. Recommended motion: Move to adopt Resolution No. FY2011 -06. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION. C. Ordinances for Introduction — None. D. Other Items 1. *Approval of October 5, 2010 Regular Municipal Election Workers. Clerk's Note: Revised copy is attached on breenapape1. 2. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board. Recommended motion: Move to confirm the Mayoral appointment of Ms. Darlene Turner to the Retail Business Representative Seat on the Solid Waste Advisory Board for a term to expire December 2012. Staff Report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, September 30, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, October 7, 2010, 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 September 16, 2010 Page 4 ' / to KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular J Spe Date: / O ry, Convened: / • 3G�,p, a Adjourned: BY: lr AI) BY: Itcv ;llt'l(/viu'J \Y: 43/[,/.t -a-d ,t, BY: a. L--r— BY: 118 SECOND: ]( SECOND: �. i SECOND: ka -ri-- SECOND: /� `- SECOND: 7*� i/-- 1 ►1 1 --9 0.1 Mi'veL dial ..-)0 i/ -o-5 6 '4 27 e-a-1 1 2 o / / -i0 l�l/c20i1 - / g uiPb kivaillt /St, i<e-eL'Inzi-elee YES NO YES NO YES NO YES NO YES NO Ms. Branson V Ms. Branson Ms. Branson V Ms. Branson % Ms. Branson / Mr. Friend 7 Mr. Friend Mr. Friend .f Mr. Friend .. Mr. Friend / Ms. Fulp Ms. Fulp Ms. Fulp / Ms. Fulp / Ms. Fulp . / Ms. Jeffrey / Ms. Jeffrey 1 � ( Ms. Jeffrey / Ms. Jeffrey / Ms. Jeffrey ./ Mr. Kaplan ,/ Mr. Kaplan) 1I Mr. Kaplan ,/ / Mr. Kaplan / Mr. Kaplan Ms. Lynch ,/ Ms. Lynch V Ms. Lynch / Ms. Lynch / Ms. Lynch ./ Ms. Stutes t . _ _ - 44i . - u - u es 0 . Stute CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: TOTAL: TOTAL: 7 ntt TOTAL: 6, O TOTAL: 7 h '`tLa' o The ma cept in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby LAtircia '--"-'° rg KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular - Special Date: 9 - --- /° Convened: litat Adjourned: BY: BY: 4� i BY: th ti„ „,BY: o y)/ BY: (r � _ SECOND: �c..tia„ SECOND: SECOND: �t / � t, oil SECOND:: yek—at cc, SECOND: K Fvao6V -tg/Q ao // —/3 pv.2011 -06, rl 0 /1 -0 rP r 0 ate - a at � s low YES NO YES NO YES NO YES NO YES NO Ms. Branson / Ms. Branson Ms. Branson .- Ms. Branso../ ./ Ms. Branson . Mr. Friend Mr. Friend . / Mr. Friend Mr. Friend / Mr. Friend X Ms. Fulp / Ms. Fulp ./ Ms. Fulp ,- Ms. Fulp / Ms. Fulp / Ms. Jeffreys* Ms. Jeffrey ,/ Ms. Jeffrey / Ms. Jeffrey ,i Ms. Jeffrey Mr. Kaplan / Mr. Kaplan+ ./ Mr. Kaplan / Mr. Kaplan / Mr. Kaplan Ms. Lynch / Ms. Lynch / Ms. Lynch • / Ms. Lynch Ms. Lynch Ms. St -- Ms - - Ms. Stu - Y s. , utes s Stutee CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: / r TOTAL: (4 O TOTAL: _ n TOTAL: 6 0 TOTAL: 0 The mayor may not vote except in the case where only six members of the a are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby /� 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET J Regular_ J�\, Special Date: - /�i -�wD Convened: � % 3- Adjourned: G/ . . m BY: BY: BY: BY: BY: SECOND: SECOND: SECOND: SECOND: SECOND: Lays' YES NO YES NO YES NO YES NO YES NO Ms. Branson / Ms. Branson Ms. Branson Ms. Branson Ms. Branson Mr. Friend / Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Jeffrey - Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan 7 Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch / Ms. Lynch ' s. Lynch Ms. Lynch Ms. Lynch Ms. Stutes s Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: / _ 71 TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: ( 011 ()1 0 Please PRINT your name Please PRINT your name --Pi (d.p_,ck. ) (AALK PliaT LCOL mss; cA, . . C (c -74 &tire - . 4 - Ewffer, \\/, _.s-ss-,,, , 7 , (0 S (LOA tv\ `ei\AO � 4 September 14, 2010 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Kodiak Island Borough Assembly Dear Assembly members, the Womens Bay Service Area Board is requesting your attention to the priority ranking of the request for the construction of an emergency shelter facility in the Womens Bay Service Area. Our board understands that the Assembly receives multiple requests from various user groups for inclusion for projects at the top rankings during the development of the Capital Improvement Project list. Many of the requests are indeed for projects that are important to specific user groups throughout the KIB. This appeal for consideration for a higher ranking on the list to be submitted to the Alaska State Legislature is to remind the Assembly that this is a public safety and emergency preparedness oriented project. Our board realizes that this type of facility does not have the popular appeal of the general public; however providing emergency services and facilities is a fundamental function of government. As you are all aware the October 2009 Rain event was declared a Federal Disaster. This disaster declaration should be a wakeup call to residents and the Assembly that although plans and designation of facilities have been put in place for emergency preparedness in recent years, little has been done for the non -urban residents of the Kodiak road system. This was a specific event that affected areas of the region causing millions in damage to facilities and infrastructure. What will happen when a large disaster occurs? Earlier this year the KIB received confirmation of the award of a $475,000.00 HUD grant to be applied to the planning and preliminary development for a multi -use facility to be built adjacent to the existing fire hall in Womens Bay. It would seem logical that if a long time requested project like this shelter facility has secured start up monies as a result of KIB staff application for grant monies that the Assembly would place a high priority in following behind this in -place funding to secure the additional monies for construction and completion of an emergency facility. This shelter facility has been on the record for request for funding for many years. The need for a facility of this nature has been defined in the KIB Comprehensive Plan for many years as well. Please validate the years of effort by community members and KIB staff by elevating the priority for the need of this type of facility. Thank you for your consideration regarding this matter. Sincerely, the members of Womens Bay Service Area Board. David Heuman, Chair - "PacAA v - ��C�L( e --- Jessica Horn Ak. - ----1 ( Scott Griffin- A , I 6 y '1 /1 : ' George Lee - 6 Y�" John Isadore / / f �_ Amanda Henderson -c 7 a David Conrad- ` Support for a Flat Tax on Aircraft in the Kodiak Island Borough Aircraft on Kodiak are not a luxury, but a necessity. Most parts of the Kodiak Island Borough are only accessible by aircraft. Island villages are heavily dependent on aircraft for daily life. From flights off island, fish spotting, to fisheries management support, tourism, surveys, emergency services, access to remote property, fish camps, aircraft are a vital service to Kodiak Island. Currently taxes on aircraft in the KIB are the 2 Highest in the State of Alaska. For the same type of plane in Anchorage an owner pays 75.00 in property tax, Kenai the owner pays 300.00, Kodiak the owner pays 3000.00. With a flat tax, commercial operators from Homer, Kenai, King Salmon and Anchorage that regularly fly to the Kodiak Island Borough (eg. Shuyak Park, Katmai Coast) have an advantage on operators that keep their aircraft on Kodiak. A flat tax would bring the taxes on aircraft in Kodiak more similar to the rest of the state. This would spur growth in General Aviation on Kodiak and help Air Taxis become more competitive with operators in other boroughs. 9/1x/2010 Personal Property Tax Personal Property Tax - Aircrafts Si 1,155. personal property ta\ -- Assessments - Aireralt - Appeal. For pwposes of taxation_ aircraft that have been issued an N number by the Federal Aviation Administration ('FAA ") by January 1 of the tax year shall he totally exempted from ad valorem taxes and shall be taxed based on the chart below: AIRCRAFT FLAT TAX SCHEDULE BASED ON (MGWIL) Manufacturers Gross Weight with an Internal Load Fixed Wing Rotorera ft/Rota ry Wind Annual Class Weight Class Weight Annual Tax Tax Less than 2,000 lbs $50 I L ess than 1.500 lbs $100 2 2.000 to less than 4,000 lbs $100 2 1.500 to less than 3.500 $600 3 4.000 to less than 6.000 lbs $300 3 3,500 or more in weitht $ 1.000 4 6.000 to less than 12.500 Its $600 5 12,500 or more in wciaht $1,000 I support the change from the current ad valorem tax to an aircraft flat tax similar to the attached schedule. 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