2012-10-11 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, October 11, 2012, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. KIBC Chapter 3.30 Code Review
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and
Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not
Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13 -011).
UNFINISHED BUSINESS
Reconsideration of Assembly Direction to Manager That All Further Performance and Payment
Under Contract No. FY2012 -24, A Professional Services Contract Between KIB and Kodiak
Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance
Thereon, Be Suspended Until Such Time As Said Contract Has Been Ratified and Approved
Pursuant To An Ordinance Passed by the Assembly.
NEW BUSINESS
CONTRACTS
Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island
Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant.
Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and
Erick A. Strahl as Manager.
RESOLUTIONS
Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held
October 2, 2012.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3
Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010).
Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125
Architectural /Engineering Review Board Section 2.125.030 Qualifications.
OTHER ITEMS
Administer Oath of Office to Newly Elected Officials.
Presentation to Outgoing Assembly Member.
Declaring a Seat on the Womens Bay Service Area Board Vacant.
MANAGER'S COMMENTS ASSEMBLY MEMBERS COMMENTS
MAYOR'S COMMENTS
CLERK'S COMMENTS
KODIAK CONSTRUCTION SERVICES
11175 Lake Orbin Drive
Kodiak, AK 99615
907 -539 -2494
INVOICE
October 8, 2012
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Attn: Accounts Payable
Re: Project Management Contract
This invoice is for services provided through October 5, 2012; hours as detailed below.
Landfill Phase 2 1 hours
FIS Parking Lot 36 hours
LTC Facility 7 hours
North Star Painting 7 hours
Middle School Concrete 7 hours
Landfill COE Permit 5 hours
63 hours @ $130 /hr
Amount Due $ 8,190.00
Thank you.
Chris Lynch
APPOINTMENT OF ASSEMBLY REPRESENTATIVES
TO BOARDS AND COMMITTEES
Assembly Member:
Please mark your top 5 choices, with 1 being your first choice, and
return this form to the Clerk by Thursday, October 18.
# Assembly Rep Assembly Rep
Board or Committee
10/2011- 10/2012
Architectural Review Board, KIBC 2.125 Jerrol Friend
Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby
Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby
Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby
Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby
2.155
Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend
Kodiak College Council Dave Kaplan
Chris Lynch
Kodiak Fisheries Work Group (Adhoc) Dave Kaplan
Louise Stutes
Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes
Parks and Recreation Committee, KIBC 2.120 Chris Lynch
Project Advisory Committee (Zoning Code Revision), Louise Stutes
Res FY2011 -08
Providence Health System Service Area Board, Carol Austerman
KIBC 8.05
Providence Kodiak Island Counseling Center Louise Stutes
Advisory Council, KIBC 8.10
School District Budget Advisory Committee Mel Stephens
School District Facilities Review Committee Chris Lynch
School District Strategic Planning Committee Sue Jeffrey
Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan
KIBC 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. An appointment not confirmed by the assembly shall not become effective.
Page 1 of 5
Chapter 3.30
CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
Sections:
3.30.010 Contract, purchase and sale and transfer procedure.
3.30.020 Limitation on manager's authority.
3.30.030 Open market procedures.
3.30.040 Advertising for bids.
3.30.050 Processing of bids.
3.30.060 Local preference.
3.30.070 Exception to bidding requirements.
3.30.080 Lowest responsible bidder.
3.30.090 Requirements mandatory.
3.30.100 Change orders — Manager authority.
3.30.105 Circumvention of bidding requirements prohibited.
3.30.110 Competitive sealed proposals — Negotiated procurement.
3.30.115 Delinquency.
For statutory provisions regarding public contracts, see AS Title 36.
3.30.010 Contract, purchase and sale and transfer procedure.
The manager may carry out any of the following:
A. Contract for, purchase, or issue purchase authorizations for all supplies, materials, equipment, and services
for the offices, departments, and agencies of the borough;
B. Sell surplus, obsolete, or unusable personal property for the offices, department, and agencies of the
borough;
C. Transfer supplies, material, and equipment to or between the offices, departments, and agencies of the
borough; or
D. Contract for the construction, repair, or improvements of borough facilities. [Ord. 98 -03 §2, 1998; Ord. 76 -6-
0 §1, 1976. Formerly §3.16.010].
3.30.020 Limitation on manager's authority.
The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value
of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the
exception of utility bills, which may be paid without assembly approval. [Ord. 04 -02 §4, 2004; Ord. 2000 -04 §2,
2000; Ord. 98 -03 §2, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 81 -20 -0, 1981; Ord. 76 -6 -0 §1, 1976. Formerly
§3.16.020].
3.30.030 Open market procedures.
A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value in excess of $15,000
but less than $25,000 shall be made in the open market without newspaper advertisement.
B. Market purchases, sales, and contracts for over $500.00 shall, whenever possible, be based on at least two
competitive bids and shall be awarded to the lowest responsible bidder, or in the case of a sale, to the highest
responsible bidder, except a local preference for purchasing shall be allowed not to exceed 20 percent of the
purchase price for purchases of $15,000 or less and not to exceed 10 percent of the purchase price for
purchases of more than $15,000 but not more than $25,000.
C. The manager, or authorized designee, may solicit oral or written bids for open market purchases or sales,
and shall maintain a record of all bids received.
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D. The sale of all surplus, obsolete, or unusable personal property shall be advertised in a newspaper of
general circulation published within the borough unless authorized to the contrary by the assembly.
E. The purchase of utilities is exempt from this section. [Ord. 04 -02 §4, 2004; Ord. 2000 -04 §2, 2000; Ord. 98-
03 §2, 1998; Ord. 86 -49 -0 §2, 1986; Ord. 81 -20 -0, 1981; Ord. 76 -6 -0 §1, 1976. Formerly §3.16.030].
3.30.040 Advertising for bids.
A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value of more than
$25,000 may be made only after a notice calling for bids is printed in a newspaper of general circulation
published within the borough once a week for not less than three consecutive weeks prior to the date of the bid
opening. The notice shall contain a general description of the property, work, or service; state where the bid
forms and specifications may be obtained; specify the place for submission of bids and the time by which they
must be received.
B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the case of a sale to the
highest responsible bidder.
C. Utilities are exempt from this section. [Ord. 04 -02 §4, 2004; Ord. 00 -04 §2, 2000; Ord. 81 -20 -0, 1981; Ord.
76 -6 -0 §1, 1976. Formerly §3.16.040].
3.30.050 Processing of bids.
Notwithstanding other provisions of this chapter relating to the award after competitive bid for purchases, sales,
and contracts, the borough may:
A. Reject defective or nonresponsive bids;
B. Waive any irregularities in any and all bids;
C. Reject all bids;
D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the money available or
authorized, for a reduction in the scope, quality, or quantity of the purchase, service, or contract; or
E. Readvertise for bids with or without making changes in the plans or specifications. [Ord. 76 -6 -0 §1, 1976.
Formerly §3.16.050].
3.30.060 Local preference.
The assembly may, in its discretion, direct an award of a contract for the purchase of personal property or
services after competitive bidding to a responsible bidder who maintains a business office or store within the
borough from which the property or service would be provided, if that bid does not exceed the lowest
responsible bid by more than 10 percent. [Ord. 76 -6 -0 §1, 1976. Formerly §3.16.060].
3.30.070 Exception to bidding requirements.
The requirements of this chapter relating to solicitation of competitive bids and award to the lowest responsible
bidder shall not apply to:
A. Contracts for professional or unique services;
B. Contracts for property or services necessitated by an emergency, if the delays required for compliance with
the bidding requirements would jeopardize the public health or welfare;
C. Contracts for audit and insurance services that may be bid at up to five -year intervals;
D. Contracts with a municipality or other political subdivision to the extent authorized by statute with the
assembly holding a public hearing on contracts exceeding $100,000; or
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•
Page 3 of 5
E. Contracts for street improvements involving donated services and materials when the assembly has
determined not to create an assessment district and has approved a project. The following steps shall be taken
before a proposed contract is submitted to the assembly for approval:
1. An applicant shall first submit to the engineering and facilities department director a proposal that fully
complies with Chapters 4.45, 16.70, and 16.80 KIBC along with a cost estimate that reasonably describes
the value of the services and materials included in the proposal as well as the procedure for addressing
any change orders;
2. After the engineering and facilities department director accepts the proposal, the applicant shall submit
to the borough finance director proof of ability to comply with Chapter 3.65 KIBC; and
3. The proposal shall be referred to the applicable road service area board for review and
recommendation to the assembly;
4. After the borough finance director approves the proposed bonding and a recommendation has been
received from any reviewing service area board, the assembly shall hold a public hearing with notice to
affected property owners as follows:
a. Publication in a newspaper of general circulation in the borough at least once a week for two
consecutive weeks prior to the public hearing;
b. Mailing at least 15 days before the public hearing to all record owners of property with frontage on
the street to be improved. "Record owners" means the person or persons listed as the owner of the
property on the current property tax records of the assessor. The notice shall be mailed to the record
owner at the address stated in the assessor's tax records; and
c. Every notice of a public hearing required by this section shall state the date, time, location, and
purpose of the public hearing and shall describe the improvement. The notice shall also state that, if
the assembly approves the proposal, no assessment district will be formed and the borough will not
participate in the allocation or collection of costs among the respective property owners.
5. After the public hearing, the assembly may approve the project, with or without additional conditions. If
the assembly approves the project, it shall authorize the manager to execute the contract. [Ord. 04 -02 §4,
2004; Ord. 00 -02 §2, 2000; Ord. 87 -05 -0 §2, 1987; Ord. 84 -48 -0 §1, 1984; Ord. 76 -6 -0 §1, 1976.
Formerly §3.16.070].
3.30.080 Lowest responsible bidder.
In determining the lowest responsible bidder, the assembly shall consider:
A. The bid price;
B. The ability, capacity and skill of the bidder to perform the contract within the time specified;
C. The character, integrity, reputation, judgment, and experience of the bidder; and
D. The quality of performance of previous contracts. [Ord. 76 -6 -0 §1, 1976. Formerly §3.16.080].
3.30.090 Requirements mandatory.
Except as provided in KIBC 3.30.110, a purchase, contract, or sale subject to the provisions of this chapter
shall not be valid, enforceable or binding upon the borough unless the established requirements have been
satisfied and the contract, purchase, or sale approved by the assembly. [Ord. 82 -35 -0 §1, 1982; Ord. 76 -6 -0
§1, 1976. Formerly §3.16.090].
3.30.100 Change orders — Manager authority.
The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect
to borough construction projects where the amount of additional expenditure occasioned by the change order
or orders does not, in the aggregate, exceed $10,000. The manager, or designee, shall report monthly to the
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assembly the nature and amount of such change orders. If the change order or orders exceeds $10,000, it will
require the signatures of:
A. The mayor and deputy presiding officer;
B. The mayor and one assembly member in the absence of the deputy presiding officer;
C. The deputy presiding officer and one assembly member in the absence of the mayor; or
D. Any two assembly members in the absence of the mayor and deputy presiding officer. [Ord. FY2005 -07 §6,
2004; Ord. 99 -01 §3, 1999; Ord. 98 -03 §2, 1998; Ord. 87 -24 -0 §2, 1987; Ord. 84 -61 -0 §10, 1984; Ord. 81 -63-
0, 1981. Formerly §3.16.100].
3.30.105 Circumvention of bidding requirements prohibited.
No person shall subdivide an acquisition of supplies, materials, equipment, or services into more than one
purchase order, contract, or change order if the acquisition of said items or services would normally,
reasonably, and customarily be conducted under a single purchase order, contract, or change order, and if the
subdivision has the effect of avoiding or circumventing the competitive bidding requirements, or the limitations
on the authority to make acquisitions or to award contracts or change orders contained in this chapter. [Ord. 88
-11 -0 §2, 1988. Formerly §3.16.105].
3.30.110 Competitive sealed proposals — Negotiated procurement.
A. If the manager determines that use of competitive sealed bidding is not practicable, the borough may
procure supplies, services or construction by competitive sealed proposals under this section.
B. The manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for
proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to
which a proposal must respond and shall state the factors to be considered in evaluating proposals and the
relative importance of those factors. Public notice of a request for proposals shall be given in accordance with
KIBC 3.30.040.
C. Sealed proposals shall be designated as such on an outer envelope and shall be submitted by mail or in
person at the place and no later than the time specified in the request for proposals. Proposals not submitted at
the place or within the time so specified shall not be opened or considered.
D. Proposals shall be received at the time and place designated in the request for proposals and shall be
opened so as to avoid disclosing their contents to competing proponents during the process of negotiation.
Proposals and tabulations thereof shall be open to public inspection only after the contract award.
E. In the manner provided in the request for proposals, the manager may negotiate with those responsible
proponents whose proposals are determined by the manager to be reasonably responsive to the request for
proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the
request for proposals. The manager may permit proponents to revise their proposals after submission and prior
to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally
regarding any opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions,
neither the manager nor any other borough director or employee shall disclose any information derived from
proposals of competing proponents.
F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to
be most advantageous to the borough. No criteria other than those set forth in the request for proposals may
be used in proposal evaluation. If the manager determines that it is in the best interest of the borough to do so,
the borough may reject all proposals. [Ord. 98 -03 §2, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 82 -35 -0 §2, 1982.
Formerly §3.16.110].
3.30.115 Delinquency.
A. The borough shall not award a contract or purchase order to any person, corporation, or other business
entity who is delinquent in paying (1) any tax levied by the borough; (2) any special assessment levied by the
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Page 5 of 5
borough; (3) any charge for utility or municipal waste services; or (4) any other borough fee due under the
code, unless the person, corporation, or other business entity cures the delinquency within 30 days after the
mailing of written notice of the delinquency. In the case of a closely held business, this prohibition shall also
apply to the delinquency of their legal principals or officers. For purposes of this section, a payment shall be
considered "delinquent" when it is not made on or before the applicable deadline established by the Kodiak
Island Borough Code, or by written notice if the code does not establish a deadline, or, if the code does not
establish a deadline and a deadline is not established in a written notice, within 60 days of the mailing of
written notice that the payment is due.
B. The borough may terminate any contract or purchase order if the person, corporation, or other business
entity and, in the case of a closely held business, their legal principals or officers, becomes delinquent in
payment of any of the items listed in subsection (A) of this section, unless the delinquency is cured within 30
days after mailing of written notice as above.
C. The borough may deduct from any amount otherwise due the person, corporation, or other business entity
and, in the case of a closely held business, their legal principals or officers under any contract or purchase
order an amount equal to the total of all such delinquent amounts that the contractor owes for (1) taxes levied
by the borough; (2) special assessments levied by the borough; (3) charges for borough utility or municipal
waste services; and (4) other borough fees due under the code.
D. Nothing in this section shall prevent any person, corporation, or other business entity and, in the case of a
closely held business, their legal principals or officers from paying under protest any tax, special assessment,
utility or municipal waste charge, or other borough fee, or pursuing appropriate judicial or administrative action
to contest or recover any such tax, assessment, charge or fee.
E. For purposes of this section, the term "closely held business" shall mean a corporation, limited liability
company or other business entity which has less than five unrelated (by blood or marriage) owners. [Ord.
FY2006 -14 §2, 2006. Formerly §3.16.115].
This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak,us/
Ordinance FY2012 -20, passed May 3, 2012. (http: / /www.kodiakak.us /)
Disclaimer: The Borough Clerk's Office has the official version of the Borough Telephone: (907) 486 -9310
Kodiak Island Borough Code. Users should contact the Borough Clerk's Code Publishing Company
Office for ordinances passed subsequent to the ordinance cited above. ( http: / /www.codepublishing.com /)
eLibrary
(http://www.codepublishing.com/elibrary.html)
10/11/2012
KODIAK ISLAND BOROUGH
WORK SESSION
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