2012-12-13 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, December 13, 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. Kodiak Soil and Water Conservation District Funding Request
2. Landfill Compost B Option
3. Discussion of Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase,
Sale and Transfer Procedures
4. Non - Profit Funding Procedures
PACKET REVIEW
Public Hearing
Ordinance No. FY2013 - 10 Accepting a Grant From the Alaska Division of Homeland Security
and Emergency Management to Provide Funding for a Comprehensive Revision and Update of
the Kodiak Area Emergency Operations Plan (KAEOP).
Ordinances for Introduction
Ordinance No. FY2013 - 12 To Dispose, by Permit or License, to the City of Kodiak a Portion of
Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay
Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013.
MANAGER COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
•
KODIAK ISLAND BOROUGH
PUBLIC AGENDA/PRESENTATION REQUEST FORM
Desired date for the item to appear on an Assembly agenda: / 2/ 13 / /z-
Name: ivrtke, B Organization: kJ ;d. k 50;1 I'
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Address: I 5 /9 ) il »ar:Ne 1Alk7 S Fa(
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Phone #: 966-5574 Cell #: 53 ? -53 Email: F,1y�'� &, browmP k4Ni4 soktp44.9 via. or 8
Please state the item you wish to have placed on the agenda and submit any
applicable documents with this form. 1 n Ire g {.
I<°A 50 ( 1 W6' {er Copser ti aglo ,Ai D % strict / „D ,,,e
Please state the desired action c o l of the Assembly: /
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Do you wish to present this to the Assembly? X Yes No
Presentations are normally limited to 15 minutes. If more time is desired, please
state how many minutes is requested: (0
Do you need to have access to equipment for this presentation such as a
computer, projector, DVD player? If so, please state the equipment needed below:
4'o
Please see additional information on the back of this form. , ' :.': ' I,
i`''. Nov 292012 `-'.
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-OFF
•
KODIAK ISLAND BOROUGH
PUBLIC AGENDA /PRESENTATION REQUEST
The Assembly meets on the first and third Thursdays of each month for their regular meetings
and they normally meet a week before in work sessions before the regular meetings.
If you have a specific topic that you would like the Borough Assembly to discuss at a future work
session /meeting, OR if you wish to make a presentation to the Assembly, please complete this
form and submit it to the Borough Clerk's Office. The item will possibly be scheduled for a future
meeting or forwarded to Borough Staff for appropriate action.
Please return this form to:
Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough
710 Mill Bay Road, Kodiak, AK 99615
Email: njavier@kodiakak.us
Phone: (907) 486 -9310
Fax: (907) 486 -9391
For Staff Use Only:
Received by the Clerk's Office on: ft 1(119
Distributed to the Manager /Assembly on: )aal (
Discussed at the agenda setting on: �J
Approved for agenda item on: Work session date: ( (A �
Regular meeting date:
Informed requestor on:
Notes:
a Kodiak Soil & Water Conservation District
518 West Marine Way, Suite 206, Kodiak, Alaska 99615
Phone: (907) 486 -5574 Fax (907) 486 -5586
PARTNERING TO SUPPORT THE KODIAK INVASIVE PLANTS MANAGEMENT PROGRAM
Purpose of this document:
• To secure funds to match federal grants supporting the Kodiak Invasive Plants Management program.
Funds requested from the Kodiak Island Borough: $48,000 <--
Goals of this program:
• To implement Early Detection Rapid Response to eradicate small infestations of invasive plants before
they are allowed to spread and detrimentally impact our natural resources including agricultural,
recreational and subsistence areas.
• To control and contain existing infestations of invasive plants within known concentration areas and at
key access points to prevent their spread to vulnerable subsistence, agricultural and natural areas.
• To educate the public, land users and land managers. Messages will include identification of invasive
species, the impact they can have on our natural resources, prevention and methods of control.
Discussion:
Current and past efforts to educate the public and control the spread of invasive plants have been
successful in many areas. We have partnered with Kodiak area land managers, including the Kodiak Island
Borough, Kodiak National Wildlife Refuge and private landowners to eradicate infestations of orange
hawkweed, bohemian knotweed, Canada thistle, oxeye daisy and common tansy. Unfortunately, many land
owners and residents of Kodiak city and villages continue to allow their orange hawkweed to bloom and
spread seeds. These highly visible infestations leave the impression that our efforts and messages have
been ineffective. During 2013 KSWCD intends to increase pressure within residential areas by implementing
an incentive program to target homeowners and encourage private invasive plant management. We will
also continue to identify and target sites most likely to transfer infestations to vulnerable and remote sites.
If sufficient funding is provided the Kodiak Soil and Water Conservation District will employ a Program
Coordinator, Program Assistant and seasonal Field Crew to control invasive plant infestations within the
Kodiak Archipelago Cooperative Weed Management Area (CWMA). Kodiak CWMA boundaries correspond
with those of the Kodiak Island Borough. This team will work with current and potential Kodiak CWMA
partners. Project locations will include the Kodiak road system, villages and remote sites. We will utilize
Integrative Pest Management and Best Management Practices that may include use of chemical
treatments. Our new incentive program will reimburse homeowners for a portion of their costs to
implement control measures on their infestations.
Funding an invasive species program now will help prevent economic and environmental harm to the
current and future natural resources of Kodiak.
Blythe Brown, Project Coordinator for the Kodiak Soil and Water Conservation District
e -mail: blvthe .brown@kodiaksoilandwater.org cell phone: 907 -539 -5372
Kodiak Invasive Plants Management program finances:
Proposed Program Expenses:
Project Coordinator and Assistant $53,600
GIS Technician and Office Administration 11,652
Seasonal Field Crew 25,840
Travel, per diem and local transportation 13,708
Equipment and Supplies 1,200
Total $106,000
Funding source (estimated as of 12/2012): Grant Required match
USFWS Partners Program 2013 proposed" 45,000 45,000
AACD Invasive Plants Program 2012 remaining 500 500
AK DNR Plant Materials Center funds remaining 5,700 5,700
Wildlife Forever, Outreach funds remaining 7,400 7,400
Kodiak Island Borough request 48,000
Total $106,600 $58,600
" USFWS grant request for proposals incorporates two years for an estimated $90,000 grant and match.
Current match sources:
• We expect in -kind services to be similar to those provided by our partners and volunteers during
the last few years, including: donation of lodging space provided by village community centers;
transportation from airports to villages; weed bag disposal by Alaska Department of
Transportation; volunteer time and effort for invasive species education activities at the Alaska
Department of Fish & Game Salmon Celebration for elementary students.
• Kodiak Soil and Water Conservation District provides GPS units, cameras, cell phones, backpack
pump, computers, board supervisor volunteer time, vehicle, office rent, hand tools and
administrative support.
• The Alaska Legislative Capital Projects program provided $19,471 to Kodiak SWCD during this last
fiscal year. This funding paid for a Conex unit and a truck canopy for secure storage of our Invasive
plant program tools and supplies. This funding was a one -time deal and will not be available for
match in 2013.
• We also receive federal partner contributions which support the program but are not counted as
matching. Kodiak National Wildlife Refuge provides air transportation to several remote project
sites and the Natural Resources Conservation Service provides office space for administrative
purposes.
These donations are important and instrumental to the cooperative nature of our program. It is very
difficult to fully match the funds necessary utilizing only volunteer in -kind services due to the high costs of
remote travel and weed eradication throughout the Kodiak archipelago.
Funds provided by the Kodiak Island Borough will allow us to match our federal grants to effectively staff
and conduct the Kodiak Invasive Plants Management program for the benefit of future generations.
Thank you for your support.
Sincerely,
Blythe Brown, Project Coordinator for the Kodiak Soil and Water Conservation District
e -mail: blythe.brown@kodiaksoilandwater.org cell phone: 907 -539 -5372
a Kodiak Soil and Water Conservation District
518 West Marine Way, Suite 206 Kodiak, Alaska 99615 (907) 486 -5574
"To provide education and leadership by coordinating and implementing programs for the
conservation, use and sustainable development of soil, water and related resources."
One of our programs includes leadership of the Kodiak Archipelago Cooperative Weed Management Area
which was established to coordinate activities and share resources necessary for the prevention & control
of invasive plant species on public, private and tribal lands. v SW ' • . ii
Invasive Species ? ` F
Most introduced plant species are beneficial to Alaskans. We enjoy them in our gardens i " , .
and they are agricultural staples. However, a small subset of introduced plants is invasive. �,' '
These non - native plants aggressively spread into places where they are not wanted. " !Amy f t
Federal Executive Order 13112 defines invasive species as: ). , ° :
a
"alien species whose introduction does or is likely to cause Ts ! �,
economic or environmental harm or harm to human health. "" ' ,4:t f,kii:
We have identified more than 30 plant species classified as invasive weeds on the Kodiak Archipelago,
these plants vary in their potential to be highly invasive and harmful to Kodiak ecosystems.
But Kodiak is supported by the fisheries industry, why talk plants in a fish town?
• Fish habitat can be colonized by invasive plants. These areas are essential for spawning, rearing,
feeding and growth of our salmon.
• There is more than just orange hawkweed in Kodiak. Some of these plants can have a direct
impact on riparian, wetland and fish habitats while other impacts are indirect such as increased
erosion of upland soils.
• Some invasive species do not directly impact fish habitat but they do have potential to severely
affect upland wildlife habitats, agriculture and subsistence resources.
• Our natural resources are not sustainable if they are under attack by invasive species.
Some examples: ;. _ at .' itifsgb
Bohemian Knotweed (Polygonum x bohemicum) ! — T j � � .,
• Invades riparian areas ,a t � Fa ` • ,�,`
• Displaces native Salmonberries thi 4: ;1 -�+ i-i,, .l " t " "i
• Destabilizes stream banks and increases sediment r } "�,: �•
• Alters nutrient quality of leaf litter s ` i Il /1 •ir ` Pg
g : .• Q eC
L. Currently most of Kodiak knotweed infestations are located in •3s V �� fi ,
residential areas. One site has been discovered in a natural park area # 4 z , �" T
along Monashka road, it was introduced with illegally dumped �
residential waste.
Reed Canarygrass (Phalaris arundinacea) s f : s 4 " �F x .. +`ATS4
• Displaces native aquatic vegetation : „ ti" ;a i .,, Rm '-;Ti i " ,
• Alters stream flow � '" y .„ i y ': ^ t y s l>
• Causes silt deposition ) ;@, ,fi 'Pie* alir y ' -'
• Prevents formation of clean gravel beds r t "' ' t { , .4e2 ,,,,-0, 9" r 5 le
This species has been mapped along Kodiak roads and in Fort a , i � y �.aa f x '
`�
Abercrombie State Park. Of highest concern are two infestations of :�• i �,ivi,"' �,{, a,' :
reed canarygrass which were recently discovered along the Buskin t "�� , `'
River.
Kodiak Soil and Water Conservation District is a (
A ig • quasi -state entity, run by a volunteer board of
iit- - . --s `" supervisors with employees hired by a 501c3 non- 1
i
' profit. We do not receive regular state funding to "
,r C 4 m- support our operations or programs, most of our
, `" 1 a f .gel z. project funding comes through federal grants which
I.
�. t .1 R I " ',3 , . 1',-; K ` usua need to be matched 50/50 with non federal
'_ ` .� -4-4 . 4 :i.: r s i funds or in -kind services. Support from you is
Native grass habitat along the Buskin River. ? instrumental for us to further our mission.
i
This graph demonstrates the importance of prevention, early
detection and rapid response:
' 4t � ` yt^
Growth phase,
A It TZ
q , r
invasive species l l A d } F Z-
becoming widely Invasive species n > e
\ , 1
established and occupies , $: ks . i
infestations are majority of hfr �/ C1 {{ L�
growing rapidly space suitable ( Yr4 r '. for the species � L r,
1` I 9 N."- t y
v vi ellowtoadflax
"a o vulgaris) is reported to be
co > Lag phase, new u poisonous to cattle. Kodiak
invaders ° has very few infestations of
2 discovered u this invasive plant.
Time —>
Annual damage from invasive species worldwide is estimated at $1.4 trillion. Idaho is estimated to spend
$300 million per year on invasive species control. One weed, spotted knapweed, now costs Montana over
$14 million /year and covers over 5 million acres. In Alaska, this species has been found at over 10 sites
from Ketchikan to Anchorage. Spotted knapweed has not yet been found in Kodiak. (Data from Alaska
Committee for Noxious and Invasive Plant Management Issue Paper — May 2007)
Take home message:
Prevention is cost effective. Most of Kodiak infestations are still small and can be eradicated. Orange
hawkweed is in the growth phase — time to act now to prevent further damage!
f f I t, „a :viii y r+T.• yf s St .:: ,i gs:41
Prevent Eradicate Contain Control
Thank -you for being part of the solution! Funding an invasive species program now will help ensure
Kodiak resources are available for generations to come.
For more invasive species information: http: / /www.uaf.edu /ces /cnipm/
KodiakCWMA
11/28/2012
t:ret Al to Kodiak Soil & Water Conservation District
44 g
518 West Marine Way. Suite 206. Kodiak. Alaska 99615
Phone: (907) 486 -5574 Fax (907) 486 -5586
PARTNERING TO SUPPORT THE KODIAK INVASIVE PLANTS MANAGEMENT PROGRAM
Grant funds expended by Fiscal Year
Most grants required 50/50 match
FY 12
July 2011— June 2012 FWS 20,560
IPP 13,780
Total 34,340
FY 11
July 2010 —June 2011 FWS 2,626.79
IPP 3,350.16
ARRA 27,817.52 (no match needed)
ARRA 29,411.25 (no match needed)
Total 63,205.72
FY10
July 2009 —June 2010 FWS 13,518.11
IPP 10,478.07
Total 23,996.18
FY 09
July 2008 — June 2009 FWS 16,895.06
IPP 4,010.67
IPP 2,864.56
Total 23,770.29
FY 08
July 2007 —June 2008 FWS 14,561.14
IPP 1,842.67
IPP 888.72
Total 17,292.53
5 year total
FWS 68,161.10
IPP 37,214.85
ARRA 57,228.77
Total 162,604.72
Blythe Brown, Protect Coordin :or ror the Kodiak Soil and Water Conservation District
e• - mail: dlythc.brcw niakodiaksoi' nrwat cell poone. 907-539-B372
Kodiak Bio- Solids Composting Project
Proposed Temporary Composting at Kodiak Island Borough Landfill
December 7, 2012
Summary
Quayanna Development Corporation has submitted a solid waste permit application to the ADEC for
review and processing. The permitting process is stated to take 4 to 6 months to complete. The ability
for the City of Kodiak to deliver the bio- solids to the Kodiak Island Borough landfill will expire on
December 15`", 2012. A need has been identified to treat the bio- solids on a temporary interim basis
using a simpler, but effective method to produce a Class B compost. The composting activity will occur
in a 10,000 square foot area on the northeastern end of the existing Kodiak Island Borough landfill. QDC
proposes to the ADEC to provide authority to temporarily compost the Kodiak WWTF bio- solids on the
Kodiak Island Borough landfill using the Windrow Composting Method from December 15, 2012 to
August 15, 2013.
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Composting Area at the northeastern end of the KIB Landfill
Composting Method
The Proposed Temporary Plan is to utilize composting bio- solids as a Process to Significantly Reduce
Pathogens. This method has been determined to produce a Class B compost when the temperature of
the sewage sludge is maintained at 40C (104 deg. F) or higher for 5 days or longer, during which the
temperature of the compost pile will exceed 55C (131 deg. F) for 4 or more hours.
Bio- solids Production and Scheduling
As described in the permit application, the Kodiak Wastewater Treatment Facility will produce and haul
a weekly average of 60 cubic yards of bio- solids to the Kodiak Island Borough Landfill. These bio- solids
1iPage
are typically produced and hauled in totes on Tuesdays and Thursdays with a truck specifically made for
this purpose. The truck driver will deposit the bio- solids on a mat of wood chips on the existing landfill.
The bio- solids will be mixed thoroughly with wood chips with an excavator or tracked loader and laid out
in an elongated pile. No bio- solids will remain on the site unmixed with wood chips overnight at any
time.
A batch of one weeks' worth of bio- solids (approximately 60 cubic yards bio- solids and 180 yards wood
chips) will constitute a pile with approximate dimensions of 20 feet wide, 55 feet long, and 7 feet high.
The composting process will start one pile each week and temperatures monitored and recorded on a
daily basis. A log will be kept during the composting phase of each batch. A record of the compost pile
temperatures and moisture parameters will be kept in this log, as well as bio -solid deliveries.
When a pile has produced the necessary temperature regimes to become "Class B" compost, it will be
tested to confirm pathogen kill, and then disassembled and moved from the pile and stockpiled
elsewhere on the landfill grounds. The Class B compost will then be spread over the landfill.
Monitoring and Sampling
There are three areas of concern regarding the composting process:
1. Maintaining temperature of the composting pile.
2. Presence of pollutants such as heavy metals.
3. Testing to confirm the pathogen kill.
Temperature
Proper monitoring and record
keeping of the compost pile
TABLE
i
p g p p Pollutant Limits
temperatures documents whether or
Ceiling Annual Pollutant
Pollutant Cumulative
not the composting process has Concentration Loading Rate
Limits for All Concentration Pollutant Loading limit for APLR
succeeded in creating a Class B Pollutant Blmoiids Applied LImllsrur P.Qend Rale-mllsror Bi«did°
to Land PC B CPLR Li BimdMs (kilograms per
(milligrams per (milligrams per (kilograms per
compost. It is therefore critical that kilogram? hec 365-day kilogram) kilogram) ctYperiod)
accurate records of temperature '-iijppyxet4eft;ie 75 41 41 2.0
1 " ti ^ .A; BS 39 39 1.9
measurements are made throughout serum
;
composting process and at various L - ' 0 0 °° 000 50
` 4,300 1.500 1.503 75
depths of the pile. °
'e LOttl , �,,, aY -i x40 300 Sao IS
';., %s'?Rt 57 17 I7 0.85
Temperatures will be read from :iiyyney" 75 — -- _ -- analog compost thermometers. The ;i+lagr..,,* 420 420 — 420 21
t ._}_ —T ., 0 100 36 100 s 0
:ti
readings will be recorded on a daily , z., 7500 2,800 2.800 140
basis from at least 8 points in the it x3..�t"4:+-K All biosolidshat Bulk bimnbds and Ouik biasolids Bagged biosolidt
com ost ile at various de the and `9a a eff ''d ° °0'"d baggwmnord•
p p p t u rt`t �"-aS Table I. Table 3. Table 2, Table 4,
locations in the pile. At least two of v)is*4iit Section503.13 Section503.13 Section503.13 Section 503.13
these measurements will be made at a0 j"vig"""`
5 As a rtwll of Ve reenury 15. 1994, Aaenlmem to the We, the links for molYtdrw^ rue ONe d from tie Part 50] rule lording
50% of the depth of the pile, and at LPARe°°"°°m
C Bagged bodids em W oa Pam any in flag or oM am W r.
2 1Page
least two measurements will be made at 75% of the depth of the pile. Records shall be signed and
dated by the individual taking the temperature reading and will be kept on site in a safe location.
Pollutants
Regulations are in place for the maximum allowable amounts of 10 pollutants:
Testing of the compost for these pollutants will occur no less than once per calendar quarter of each
year, and a minimum of 4 times per calendar year by an approved test lab. Samples from each week
deliveries will be retained and filed by the City WWTF for future testing if necessary.
Testing
Testing to determine pathogen kill will initially occur with every batch. When testing demonstrates that
the composting temperature regime kills pathogens as anticipated the testing frequency may be
reduced.
31 Page
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1
2 Introduced by: Administrative Official
3 12/13/2012 Cassidy
4 DRAFT Requested by: Assembly member Bonney
5 Drafted by: Assembly member Bonney,
Assembly member
6 Austerman, and Borough
7 Attorney
8 Introduced:
9 Public Hearing:
10 Adopted:
11 KODIAK ISLAND BOROUGH)
12 ORDINANCE NO. FY200X -XX
13
14 AN ORDINANCE OF THE ASSEMBLY OF THE OK DIAK ISLAND BOROUGH
15 AMENDING TITLE 3 REVENUE AND FINANCE 'CHAP \ TER 3.30 CONTRACT,
16 PURCHASE, SALE, AND TRANSFER PROCEDURES TO'MAKE INFORMATION
17 ABOUT BOROUGH CONTRACTS MORE READILY AVAILABLE TO THE PUBLIC
18 AND OTHER R ELATED MATTERS
19
20 WHEREAS, the Kodiak Island Borough has established) procedures for•entering into
21 contracts for goods and services in a manne\infended to be cost –effective for the
22 Borough and fair to all potential contracts; ` and \C
23
24 WHEREAS, the procedures set forth in Ch pter 3.30 \f\the Kodiak Island Borough
25 Code should be amended -to have the \B Manager report to the Assembly regarding
26 certain contracts entered_intoBunder the authority, although it is
27 the Assembly's intent'that any delay in reportinng will not.affect the validity of the contract;
28 and 1
29 1
30 WHEREAS,—.notices to potential bidders and proposers should be made available by
• 31 electronic means, as well as bynewspaper- publication; and
32 7 ,7- \ \ \\ v
33 WHEREAS, the privileges and immunities- clause of the United States Constitution
34 significantly limits the of the Borough to grant a contracting preference to local
35 residentsor companies; and \3
36
37 NOW, TH RE EFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
38 BOROUGH THAT: J
39 /
40 Section 1: This ordinance is of a general and permanent nature and shall become a
41 part of the-Kodiak Island Borough Code of Ordinances;
42
43 Section 2: Kodiak Island Borough Code Chapter 3.30 Contract, Purchase, Sale, and
44 Transfer Procedures is hereby amended as follows:
45
46 3.30.010 Contract, purchase and sale and transfer procedure.
47 The manager may carry out any of the following:
48 A. Contract for, purchase, or issue purchase authorizations for all supplies, materials,
49 equipment, and services for the offices, departments, and agencies of the borough;
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 1 of 7
50 B. Sell surplus, obsolete, or unusable personal property for the offices, department, and
51 agencies of the borough;
52 C. Transfer supplies, material, and equipment to or between the offices, departments,
53 and agencies of the borough; or
54 D. Contract for the construction, repair, or improvements of borough facilities.
55 3.30.020 Limitation on manager's authority.
56 The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC
57 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first
58 obtaining assembly approval with the exception of utility bills, which may be paid without
59 assembly approval. The manager will report to the assembly, at its next regular
60 meeting, contracts between the borough and a member of the assembly or an
61 assembly member's immediate family or business in w the assembly member
t
62 is associated or has an ownership interest tha are'less than $25,000.
63 Note: Consider defining immediate family.
64 Immediate family member is defined as a parent; sibling; child by blood, adoption,
65 or marriage; spouse; grandparent or grandchild.
66
67 3.30.30 en market procedures. \\\/?
68 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated
69 value in excess of $15,000 but`less than $25,000 shal be made in the open market
70 without newspaper advertisement \ \\
71 B. Market purchases „sales, and contracts forover$5 0.00 shall, whenever possible, be
72 based on at least two competitive bids■and shall be awarded,to the lowest responsible
73 bidder, or inChe�se of \sale, to \the highest responsible bidder, except a local
74 preference for\purchasing shall be allowed not to exceed 20 10 percent of the
75 purchase price for.p rchasestofo$15,000 and not to exceed 10 percent of the
.
76 purchase price. for purchacos-of moro than $1'5 000 but not mom than $25,000.
/ \
N / \ \ \ \ '
77 C. The anager ) or authorized designee, may solicit oral or written bids for open market
78 'purchases or sales, and shall maiintain a record of all bids received.
79 D. The sale ale of all surplus, obsolete,' or unusable personal property shall be advertised by
80 electronic means or\m \a newspaper of general circulation published — within the
81 boroug unless authorized to the contrary by the assembly.
82 E. The purchase of utilities is exempt from this section.
83 \\
84 3.30.040 Advertising for bids.
85 A. Purchases, sales, orontracts authorized by KIBC 3.30.010 having an estimated
86 value of more than $25,000 may be made only after a notice calling for bids issued by
87 electronic means or is printed in a newspaper of general circulation published within
88 the borough once a week for not less than three consecutive weeks prior to the date of
89 the bid opening. The notice shall contain a general description of the property, work,
90 or service; state where the bid forms and specifications may be obtained; specify the
91 place for submission of bids and the time by which they must be received.
92 B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the
93 case of a sale to the highest responsible bidder.
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 2 of 7
•
94 C. Utilities are exempt from this section.
95
96 3.30.050 Processing of bids.
97 Notwithstanding other provisions of this chapter relating to the award after competitive bid
98 for purchases, sales, and contracts, the borough may:
99 A. Reject defective or nonresponsive bids;
100 B. Waive any irregularities in any and all bids;
101 C. Reject all bids;
102 D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the
103 money available or authorized, for a reduction in the scope, quality, or quantity of the
104 purchase, service, or contract; or J/
105 E. Readvertise for bids with or without making change" s in the plans or specifications.
106
107 3.30.060 Local preference.
108 The assembly may, in its discretion, direct an /award of a contract for the purchase of
109 personal property or services after competitive bidding to a responsible bidder who
110 maintains a business office or store within the borough from which the'property or service
111 would be provided, if that bid does not exceed the lowest responsible bid by more than 10
112 percent.
113
114 3.30.070 Exception to bidding requirements
115 The requirements of t is_chapter relating to solicitation of competitive bids and award to
116 the lowest responsible biddershall not apply to:
117 A. Contracts for(prof sional or un ique services/The Assembly shall review contracts
118 for professional or unique� \ uch as architects, engineers, surveyors,
119 attorneys, or accountants if -the manager recommends exempting the contract
120 from - the regular bidding / process. Professional services means professional,
121 technical� c
or onsultants services that' are predominately intellectual in
122 ( ha cter, result li the pr oducti
c on of a report or the completion of a task, and
123 include analysis, aluation, prediction, planning, or recommendation;
124 B. Contraofs�or prope o r servic9 necessitated by an emergency, if the delays
125 required \ or \ompliance with the bidding requirements would jeopardize the public
126 health or welfare; )
127 C. Contracts for audit and,insu'ance services that may be bid at up to five -year intervals;
128 D. Contracts entered into / using a competitive sealed proposal process as set forth
129 in KIBC 3.30.110; -/
130 E. Contracts with a municipality or other political subdivision to the extent authorized by
131 statute with the assembly holding a public hearing on contracts exceeding $100,000;
132 or
133 F. Contracts for street improvements involving donated services and materials when the
134 assembly has determined not to create an assessment district and has approved a
135 project. The following steps shall be taken before a proposed contract is submitted to
136 the assembly for approval:
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 3 of 7
137 1. An applicant shall first submit to the engineering and facilities department director
138 a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along
139 with a cost estimate that reasonably describes the value of the services and
140 materials included in the proposal as well as the procedure for addressing any
141 change orders;
142 2. After the engineering and facilities department director accepts the proposal, the
143 applicant shall submit to the borough finance director proof of ability to comply with
144 Chapter 3.65 KIBC; and
145 3. The proposal shall be referred to the applicable road service area board for review
146 and recommendation to the assembly;
147 4. After the borough finance director approves the proposed bonding and a
148 recommendation has been received from any reviewing service area board, the
149 assembly shall hold a public hearing withnotice " t affected property owners as
150 follows:
151 a. Publication in a newspaper of general in the e e borough at least once a
152 week for two consecutive weeks prior to the public hea it ng\
153 b. Mailing at least 15 days before"the hearing to all record owners of
154 property with frontage on the street'to "be�irr proved. "Recor o means
155 the person or persons listed as the owner/of the property N.
155 current
156 property tax records of the•assessor. The notice shall be mailed to the record
157 owner at the address stated in the assessor's taz•records; and
158 c. Every notice_of a public hearing required by t section shall state the date,
159 time, location, and purpose of the , pub c h` irng'and shall describe the
160 improvement. The notice shall also state that, if the assembly approves the
161 proposal, " no assess district dill be formed and the borough will not
162 participateeNn the allocation or collection of costs among the respective property
163 owners. \ \\
164 5. After th e-public hearing, the assembly may approve the project, with or without
165 (\ (additional conditions.�lf the assemblyapproves the project, it shall authorize the
166 \manager to execute•the contract.
167 \\ \\5
168 3.30.080 Lowest responsible bidder.
169 In determinin th lowest re bidder, the assembly shall may consider:
170 A. The bid price \ \/ l
171 B. The ability, capacity and skill of the bidder to perform the contract within the time
172 specified; NJ
173 C. The character, integrity, reputation, judgment, and experience of the bidder; arid
174 D. The quality of performance of previous contracts; and
175 E. If more than one bidder is determined to be responsible using the factors
176 described in A, B, and C, then the responsible bidder with the lowest bid price
177 will be considered to be the lowest responsible bidder.
178
179
180
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 4 of 7
181 3.30.090 Requirements mandatory.
182 Except as provided in KIBC 3.30.110, a purchase, contract, or sale involving
183 expenditure of borough funds or other assets in excess of $25,000 subject to the
184 provisions of this chapter shall not be valid, enforceable or binding upon the borough
185 unless the established requirements have been satisfied and the contract, purchase, or
186 sale approved by the assembly.
187
188 3.30.100 Change orders - Manager authority.
189 The manager, or designee, is authorized, without assembly approval, to enter into change
190 orders with respect to borough construction projects where the amount of additional
191 expenditure occasioned by the change order or orders doesmot, in the aggregate, exceed
192 $10,000 the total amount of the designated proj contingency. The manager, or
193 designee, shall report monthly to the assembly the nature and amount of such change
194 orders. if tho chango ordor or ordors oxcoods $10,000, it will roquiro tho cignaturos of:
195 The Manager, or designee, is authorized'to en into chan o rders with respect to
196 borough projects where the amount of additional expendit re occasioned by the
197 change order or orders does not, the a , \�
ggregateexceed th t otal amount
198 appropriated for the project. The manager, or designee , shall report'monthly to the
199 assembly the nature and amount of such change orders. Project approval should
200 include a budget for the projecrthat'includeean` appropriation of contingency
201 funds. The manager may author u p.to the appropriated amount of
202 that project. Change_order of up to 5% in excess ofthe appropriated project
203 amount, and not exceeding'$200,000`for a particulaa'contract, require approval by:
204 A. The mayor an deputy presiding o
205 B. The mayor an&one assembly '\member in the absence of the deputy presiding officer
206 C. The deputy presidin officer and one as member in the absence of the mayor;
207 ors° \Ns" \\
208 D. Any two assembly.members in the absence of-the mayor and deputy presiding officer
209 C \\ \\ \�
210 Such approval may be.bysignature or electronic signature. Change order in excess
211 of $200;000\for a contractor a or m than 5% in excess of the appropriated project
212 amount requ \e\embly approval.
213
214 3.30.105 Circumvention of /I bidding requirements prohibited.
215 No person shall subdivide an acquisition of supplies, materials, equipment, or services
216 into more than one purchase order, contract, or change order if the acquisition of said
217 items or services would normally, reasonably, and customarily be conducted under a
218 single purchase order, contract, or change order, and if the subdivision has the effect of
219 avoiding or circumventing the competitive bidding requirements, or the limitations on the
220 authority to make acquisitions or to award contracts or change orders contained in this
221 chapter. Similar types of work, even if performed in different geographic locations,
222 are considered "in the aggregate" regardless of the project, contract, purchase
223 orders, or change order and require Assembly approval if the total work amount to
224 one contractor exceeds $25,000 in one fiscal year.
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 5 of 7
225
226 3.30.110 Competitive sealed proposals — Negotiated procurement.
227 A. If the manager determines that use of competitive sealed bidding is not practicable,
228 the borough may procure supplies, services or construction by competitive sealed
229 proposals under this section.
230 B. The manager shall solicit competitive sealed proposals by issuing a request for
231 proposals. The request for proposals shall state, or incorporate by reference, all
232 specifications and contractual terms and conditions to which a proposal must respond
233 and shall state the factors to be considered in evaluating proposals and the relative
234 importance of those factors. Public notice of a request/for'proposals shall be given in
235 accordance with KIBC 3.30.040. l J
236 C. Sealed proposals shall be designated as such on an \ outer envelope and shall be
237 submitted by mail or in person at the place and''nno ater than the time specified in the
238 request for proposals. Proposals not submitted at the
lace or within the time so
239 specified shall not be opened or considered.
240 D. Proposals shall be received at the time and place designated d in request for
241 proposals and shall be opened so as to avoid disclosing their contents to competing
242 proponents during the process of negotiation. • Proposals and tabulatibn>vhereof shall
243 be open to public inspection only after the contract award.
244 E. In the manner provided in the request for proposals, manager may negotiate with
245 those responsible proponents whose proposals are determined by the manager to be
246 reasonably responsive to the request for proposals. Negotiations shall be used to
247 clarify and assure full understanding of the requirements ofthe request for proposals.
248 The manager may permit proponents to-revise their proposals after submission and
249 prior to award. to obtain best and final offers. Proponents deemed eligible for
250 negotiations shall be treated equally regarding any opportunity to discuss and revise
251 proposals. In-conducting' negotiations or requesting revisions, neither the manager nor
252 any other borough director or employee shall disclose any information derived from
253 proposals of competing proponents.
254 F. Awards shall be made by written notice to the responsible proponent whose final
255 proposal'is determined be most advantageous to the borough. No criteria other than
256 those set.forth in the request for proposals may be used in proposal evaluation. If the
257 manager determines that it is in the best interest of the borough to do so, the borough
258 may reject all proposals.
259
260 3.30.115 Delinquency.
261 A. The borough shall not award a contract or purchase order to any person, corporation,
262 or other business entity who is delinquent in paying (1) any tax levied by the borough;
263 (2) any special assessment levied by the borough; (3) any charge for utility or
264 municipal waste services; or (4) any other borough fee due under the code, unless the
265 person, corporation, or other business entity cures the delinquency within 30 days
266 after the mailing of written notice of the delinquency. In the case of a closely held
267 business, this prohibition shall also apply to the delinquency of their legal principals or
268 officers. For purposes of this section, a payment shall be considered "delinquent"
Kodiak Island Borough Ordinance No. FY2013 -XX
Revised version: 12/13/2012 Page 6 of 7
269 when it is not made on or before the applicable deadline established by the Kodiak
270 Island Borough Code, or by written notice if the code does not establish a deadline, or,
271 if the code does not establish a deadline and a deadline is not established in a written
272 notice, within 60 days of the mailing of written notice that the payment is due.
273 B. The borough may terminate any contract or purchase order if the person, corporation,
274 or other business entity and, in the case of a closely held business, their legal
275 principals or officers, becomes delinquent in payment of any of the items listed in
276 subsection (A) of this section, unless the delinquency is cured within 30 days after
277 mailing of written notice as above.
278 C. The borough may deduct from any amount otherwise d tithe person, corporation, or
279 other business entity and, in the case of a closely held business, their legal principals
280 or officers under any contract or purchase order a
d n amount equal to the total of all
281 such delinquent amounts that the contractor owes4for (1,) taxes levied by the borough;
282 (2) special assessments levied by the borough; (3) charges for borough utility or
283 municipal waste services; and (4) other borough fees due under t he code.
284 D. Nothing in this section shall prevent any person, corporation, orrthe business entity
285 and, in the case of a closely held business, their ,legal principals or officers from
286 paying under protest any tax, special assessment, utility or municipal waste charge, or
287 other borough fee, or pursuing appropriate judicial or administrative action to contest
288 or recover any such tax, assessment charge or fee.
289 E. For purposes of this section, .the term closely held business" shall mean a
290 corporation, limited liability co p y ■or other entity which has less than five
291 unrelated (by blo d _or arri\ge) owners.
292 ( K
293 ADOPTED BY THE ASS MBLY OF THE KODIAK ISLAND BOROUGH
294 THIS ) I DAY OF\ 2012
295 \/
296 KODIAK ISLAND BOROUGH
297
298
299
300 ATTEST'\ Jerome M. Selby, Borough Mayor
301
302
303 Nova M. Javier,'MM E Borough' Clerk
././
Kodiak Island Borough Ordinance No. FY2013 -)O(
Revised version: 12/13/2012 Page 7 of 7
KODIAK ISLAND BOROUGH
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