The URL can be used to link to this page

2022-02-17 Regular Meeting Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Kodiak Island Borough Assembly Regular Meeting Agenda Bayside Fire Hall Thursday, February 17, 2022, 6:30 p.m., Streamed Live Online at www.kodiakak.us And broadcasted on KMXT at 100.1 FM Subscribe here to be notified when agenda packets are published. Page 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. 5. *Approval of Minutes 6. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 7. Awards and Presentations 4 A. Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr. Nick Szabo Complete Binder For Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr. Nick Szabo - Pdf 8. Committee Reports 9. Public Hearing 5 - 15 A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement Complete Binder For Ordinance No. FY2022-07 - Pdf Page 1 of 225 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM 10. Borough Manager's Report 11. Messages from the Borough Mayor 12. Consideration of Calendar - Unfinished Business 13. Consideration of Calendar - New Business 13.A. Contracts 16 - 28 1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Design Fees For The Peterson Elementary School Roof Replacement In An Amount Not To Exceed $45,786. Complete Binder For Contract No. FY2019-10 Change Order No. 16 - Pdf 29 - 32 2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Design Fees For The East Elementary School Roof Replacement In An Amount Not To Exceed $5,000. Complete Binder For Contract No. FY2019-10 Change Order No.17 - Pdf 33 - 81 3. Contract No. FY2022-30 Landfill Stage 3 Closure Complete Binder For Contract No. FY2022-30 - Pdf 82 - 93 4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacement Pump For The Kodiak Fisheries Research Facility Complete Binder for Contract No. FY2022-31 - Pdf 94 - 109 5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area No. 1. Complete Binder for Contract No. FY2022-32 - Pdf 13.B. Resolutions 110 - 126 1. Resolution No. FY2022-20 Identifying Federal Program Priorities Complete Binder For Resolution FY2022-20 - Pdf 13.C. Ordinances for introduction 127 - 186 1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations Complete Binder For Ordinance No. FY2022-09 - Pdf Page 2 of 225 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM 187 - 193 2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues Complete Binder For Ordinance No. FY2022-10 - Pdf 194 - 209 3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 Foreclosed Properties KIB/Pearson, James S, KIB/Reames,Dale, KIB/Nies,Iona F, and KIB/Inga Sr, Martin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. Complete Binder For Ordinance No. FY2022-11 - Pdf 13.D. Other items 210 - 213 1. Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road Service Area, Mr. Alan Wolf. Complete Binder for Mission Lake Mayoral Appointment - Pdf 214 - 219 2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Ms. Brandi Wagner. Complete Binder for Consolidation Committee Appointment - Pdf 14. Citizens' Comments 15. Assembly Member' Comments 16. Adjournment 17. Information materials 17.A. Minutes of other Meetings 17.B. Reports 220 - 225 1. January 2022 Projects Report - EF Project Manager, Matt Gandel Page 3 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr. Nick Szabo ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: DISCUSSION: Mr. Nick Szabo has served on the Solid Waste Advisory Board for over a decade. His service resulted in several changes in the community including the promotion and ban on lightweight plastic shopping bags and forwarding and promoting the Alaska Department of Fish and Game recommended "Bear Aware Area" established to reduce the human/bear interaction in the community. Mr. Szabo has been a champion of researching alternative methods of solid waste disposal for the Kodiak community and has been an asset to the board and community throughout his tenure. In recent years Nick has been the board chair and has guided the board on various topics from bears to coloring books to potential energy from municipal solid waste alternatives. Thank you Nick for your service and dedication to this board. Please everyone remember - Reduce, Reuse, Recycle! ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #7.A. Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr...Page 4 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement ORIGINATOR: Borough Mayor, Bill Roberts RECOMMENDATION: Move to adopt Ordinance No. FY2022-07. Staff Report Assembly Discussion Roll Call Vote DISCUSSION: Amended on December 16th and advanced to public hearing on February 17, 2022 December 16 Discussion: Adopting this ordinance will add a land acknowledgement to the regular permanent assembly agenda. There are two versions of this statement that have been provided. Version One is the currently used statement and Version Two is currently the School Board statement. Wanting further research from fellow assembly members the assembly postponed this item to the January 6th regular meeting for further discussion. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 5 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 1 of 2 Introduced by the Mayor 1 Version 1 Drafted by: Borough Attorney 2 Introduced on: 12/16/2021 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-07 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 SECTION 2,30.060 ASSEMBLY ORDER OF BUSINESS AND AGENDA, ADDING A 10 STATEMENT OF LAND ACKNOWLEDGEMENT. 11 12 WHEREAS, The Assembly desires to add a recognition of the ancestral lands in the area as a 13 regular part of its meetings following the invocation. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH that: 17 18 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 19 Kodiak Island Borough Code of Ordinances. 20 21 Section 2: That Section 2.30.060, Order of business and agenda, of the Kodiak Island Borough 22 Code of Ordinances is amended to read as follows: 23 24 2.30.060 Order of business and agenda. 25 26 A. Order of Business. The order of business for each regular meeting of the assembly shall be as 27 follows: 28 29 1. Invocation. 30 31 2. Statement of Land Acknowledgement. 32 33 3. Pledge of Allegiance. 34 35 43. Roll call. 36 37 54. Approval of agenda and consent agenda. (Approval of consent agenda passes all items 38 indicated. Consent agenda items are not considered separately unless an assembly 39 member so requests. In the event of such request, the item is returned to the general 40 agenda.) 41 42 65. Approval of minutes. 43 44 76. Citizens’ comments. 45 a. Agenda items not scheduled for public hearing and general comments. 46 47 87. Awards and presentations. 48 49 98. Committee reports. 50 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 6 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 2 of 2 51 109. Public hearing. 52 53 1110. Borough manager’s report. 54 1211. Messages from the borough mayor. 55 56 1312. Consideration of calendar – unfinished business. 57 58 1413. Consideration of calendar – new business. 59 a. Contracts. 60 b. Resolutions. 61 c. Ordinances for introduction. 62 d. Other items. 63 64 1514. Citizens’ comments. 65 66 1615. Assembly members’ comments. 67 68 1716. Adjournment. 69 70 Effective Date: This ordinance takes effect upon adoption. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF , 2022. 74 75 KODIAK ISLAND BOROUGH 76 77 ATTEST: 78 ___________________________ 79 William Roberts, Mayor ___________________________ 80 Alise L Rice, Borough Clerk 81 82 VOTES: 83 Ayes: 84 Noes: 85 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 7 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 1 of 2 Introduced by the Mayor 1 Version 2 Drafted by: Borough Attorney 2 Introduced on: 12/16/2021 3 Postponed to: 01/06/2022 - 01/10/2022 4 Public Hearing Date: 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2022-07 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 SECTION 2,30.060 ASSEMBLY ORDER OF BUSINESS AND AGENDA , ADDING A 11 STATEMENT OF LAND ACKNOWLEDGEMENT. 12 13 WHEREAS, The Assembly desires to add a recognition of the ancestral lands in the area as a 14 regular part of its meetings following the invocation. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH that: 18 19 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 20 Kodiak Island Borough Code of Ordinances. 21 22 Section 2: That Section 2.30.060, Order of business and agenda, of the Kodiak Island Borough 23 Code of Ordinances is amended to read as follows: 24 25 2.30.060 Order of business and agenda. 26 27 A. Order of Business. The order of business for each regular meeting of the assembly shall be as 28 follows: 29 30 1. Invocation. 31 32 2. Pledge of Allegiance. 33 34 3. Statement of Land Acknowledgement. 35 36 43. Roll call. 37 38 54. Approval of agenda and consent agenda. (Approval of consent agenda passes all items 39 indicated. Consent agenda items are not considered separately unless an assembly 40 member so requests. In the event of such request, the item is returned to the general 41 agenda.) 42 43 65. Approval of minutes. 44 45 76. Citizens’ comments. 46 a. Agenda items not scheduled for public hearing and general comments. 47 48 87. Awards and presentations. 49 50 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 8 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 2 of 2 98. Committee reports. 51 52 109. Public hearing. 53 54 1110. Borough manager’s report. 55 1211. Messages from the borough mayor. 56 57 1312. Consideration of calendar – unfinished business. 58 59 1413. Consideration of calendar – new business. 60 a. Contracts. 61 b. Resolutions. 62 c. Ordinances for introduction. 63 d. Other items. 64 65 1514. Citizens’ comments. 66 67 1615. Assembly members’ comments. 68 69 1716. Adjournment. 70 71 Effective Date: This ordinance takes effect upon adoption. 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS DAY OF , 2022. 75 76 KODIAK ISLAND BOROUGH 77 78 ATTEST: 79 ___________________________ 80 William Roberts, Mayor ___________________________ 81 Alise L Rice, Borough Clerk 82 83 VOTES: 84 Ayes: 85 Noes: 86 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 9 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 1 of 2 As Amended on December 16 Regular Meeting Introduced by the Mayor 1 Drafted by: Borough Attorney 2 Introduced on: 12/16/2021 3 Postponed to: 01/06/2022 - 01/10/2022 4 Public Hearing Date: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-07 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 SECTION 2,30.060 ASSEMBLY ORDER OF BUSINESS AND AGENDA, ADDING A 10 STATEMENT OF LAND ACKNOWLEDGEMENT. 11 12 WHEREAS, The Assembly desires to add a recognition of the ancestral lands in the area as a 13 regular part of its meetings following the invocation. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH that: 17 18 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 19 Kodiak Island Borough Code of Ordinances. 20 21 Section 2: That Section 2.30.060, Order of business and agenda, of the Kodiak Island Borough 22 Code of Ordinances is amended to read as follows: 23 24 2.30.060 Order of business and agenda. 25 26 A. Order of Business. The order of business for each regular meeting of the assembly shall be as 27 follows: 28 29 1. Invocation. 30 31 2. Pledge of Allegiance. 32 33 3. Statement of Land Acknowledgement. 34 35 43. Roll call. 36 37 54. Approval of agenda and consent agenda. (Approval of consent agenda passes all items 38 indicated. Consent agenda items are not considered separately unless an assembly 39 member so requests. In the event of such request, the item is returned to the general 40 agenda.) 41 42 65. Approval of minutes. 43 44 76. Citizens’ comments. 45 a. Agenda items not scheduled for public hearing and general comments. 46 47 87. Awards and presentations. 48 49 98. Committee reports. 50 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 10 of 225 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Ordinance No. FY2022-07 Insertion - Blue, Bold, Unlined Page 2 of 2 51 109. Public hearing. 52 53 1110. Borough manager’s report. 54 1211. Messages from the borough mayor. 55 56 1312. Consideration of calendar – unfinished business. 57 58 1413. Consideration of calendar – new business. 59 a. Contracts. 60 b. Resolutions. 61 c. Ordinances for introduction. 62 d. Other items. 63 64 1514. Citizens’ comments. 65 66 1615. Assembly members’ comments. 67 68 1716. Adjournment. 69 70 Effective Date: This ordinance takes effect upon adoption. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF , 2022. 74 75 KODIAK ISLAND BOROUGH 76 77 ATTEST: 78 ___________________________ 79 William Roberts, Mayor ___________________________ 80 Alise L Rice, Borough Clerk 81 82 VOTES: 83 Ayes: 84 Noes: 85 AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 11 of 225 Version 1 - Assembly Member Delgado LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Alutiiq/Sugpiaq people. KIB acknowledges that we are gathered in the Alutiiq/Sugpiaq homeland. We thank and acknowledge the 10 tribes of the Kodiak Alutiiq Region. The heritage and culture of the Alutiiq people continue to enrich our communities. Where we gather today is in the ancient homeland and traditional territory of the Alutiiq/Sugpiaq people. The name Kodiak is based on the Alutiiq word Qik’rtaq, iik shstuck, meaning Island. I would like to acknowledge that the land we live, work, learn and gather on is the original homeland of the Alutiiq/Sugpiak people. We recognize the complex history and rich culture of our native community. We acknowledge a sometimes-difficult history and the resilience of the Alutiiq families who make up an important part of our community today. We believe it is important to state this land acknowledgement because we know that real history is too soon forgotten. AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 12 of 225 Version 2 - School Board LAND ACKNOWLEDGEMENT We are gathered today on the traditional homeland of the Alutiiq/Sugpiaq people. The heritage and culture of the Alutiiq people continue to enrich our communities and our schools. AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 13 of 225 Version 3 Assembly Member Scott Smiley LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Alutiiq/Sugpiaq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. The name Kodiak is based on the Alutiiq word Qik’rtaq, iik shstuck, meaning Island. We recognize the complex and sometimes difficult history of these people as well as the resilience of the rich Alutiiq culture that enriches our community to this day. AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 14 of 225 Version 4 - Assembly Member James Turner LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Alutiiq/Sugpiaq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. AGENDA ITEM #9.A. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Busi...Page 15 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Design Fees For The Peterson Elementary School Roof Replacement In An Amount Not To Exceed $45,786. ORIGINATOR: Project Manager/Inspector, Matt Gandel RECOMMENDATION: Move to authorize the Borough Manger to execute Contract No. FY2019-10 Change Order No. 16 with Jensen Yorba Wall in and amount to not exceed $45,786. Staff Report - Project Manager/Inspector, Matt Gandel Assembly Discussion Roll Call Vote DISCUSSION: This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include 65% design services for the Peterson Elementary Roof Replacement project. The existing roof at Peterson Elementary School has had leaking issues and has been at the top of the Kodiak Island Borough School District's Capital Improvement Project (CIP) list for several years. This change order is to complete 65% design documents for a complete roof replacement. JYW previously completed 35% design that was reviewed and approved by the Architectural/Engineering Review Board in November 2021. Part of the 65% design will be review and recommendations for replacement or relocation of existing rooftop mechanical equipment. The mechanical equipment will need to be at least temporarily removed to allow for the roofing work, so investigation will be done to determine if it could be moved to a more suitable location. Completing this preliminary design work would help KIBSD to score higher on the Alaska Department of Education and Early Development's CIP scoring providing a greater chance of receiving partial State reimbursement for construction. ALTERNATIVES: Take no action or do not approve the change order. FISCAL IMPACT: This design work will be funded by American Rescue Plan Act (ARPA) funds accepted by the Borough in November 2021. An item will be included on a future budget ordinance to transfer additional funds to the project for this design work. AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 16 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 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 projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed the total contract amounts approved for the project, plus project contingency equal to 10 percent of the approved contract amount. Additional contingency may be requested and approved by the assembly. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. Project approval should include a budget for the project that includes a contingency line item of 10 percent. Change orders above the manager’s approval limit, but not exceeding five percent of the original contract amount or $50,000, whichever is lower, require approval by: 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. Such approval may be by signature or electronic signature. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. The authority contained in this section is independent and exclusive of the purchasing authority defined in KIBC 3.30.010. AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 17 of 225 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 TERM CONTRACT CHANGE ORDER Project Name: Project Number: Peterson Elementary Roof Replacement 415-539 452.140 21008.4 Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2019-10 Change Order No.: 16 Original Project Budget: $ 25,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 653,741.00 Adjusted Project Budget: $ 25,000.00 This Change: $ 45,786.00 To-Date Project Expenses: $ 17,728.78 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 699,527.00 Current Remaining Project Budget: $ 7,271.22 Description of Change Cost Provide 65% design documents and cost estimate for the Peterson Elementary Roof Replacement project per proposal dated January 12, 2022. Design services to include investigation and recommendation for modifications to HVAC system. Fees to be charged on a time and materials basis. $ 45,786.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 18 of 225 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 19 of 225 DESIGN SERVICES PROPOSAL DESIGN DEVELOPMENT SERVICES Project:KIBSD Peterson Elementary Re-Roof JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85 ARCHITECTURE: Project Management 6 Research / Archives 2 4 Code Analysis 2 Design Development Dwgs Cover / Site Plan 2 4 Plans 4 8 Sections / Elevations 4 8 Details 18 18 Outline Specifications 6 Cost Estimate Coordination 4 Meetings / Presentations 2 Quality Control 2 Submittal Subtotal Hours 52 0 0 0 0 0 0 0 0 0 0 0 42 0 0 0 0 94 Subtotal Dollars $8,840 0 0 0 0 0 0 0 0 0 0 0 3,990 0 0 0 0 $12,830 CONSULTANTS: Civil Engineering Structural Engineering $9,160 Mechanical Engineering $9,790 Electrical Engineering $5,090 Hazardous Materials Engineering Landscape Architecture $5,920 Subtotal $29,960 Overhead/Profit 10%$2,996 Consultants Total Labor $32,956 Subtotal Design Development Services LABOR $45,786 Subtotal Design Development Services REIMBURSABLES (see attached)$0 TOTAL DESIGN DEVELOPMENT SERVICES FEE $45,786 Cost Estimating Interior Design 21013 Architect Construction Manage.Drafter 21013 Petersen Elem Roof1-40 DD 1 1/12/2022 AGENDA ITEM #13.A.1.Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 20 of 225 9360 Glacier Hwy., Suite 100 · JUNEAU, ALASKA 99801 · Phone 907.586.2093 · Fax 907.586.2099 December 20, 2021 PND 21J137 Mr. Corey Wall Jensen Yorba Wall, Inc 522 Tenth Street Juneau, Alaska 99801 Re: Kodiak Peterson School Roof HVAC Structural Engineering Fee Proposal Dear Corey, PND Engineers, Inc. (PND) appreciates the opportunity to assist Jensen Yorba Wall, Inc. (JYW) on the Kodiak Peterson School Roof project. We understand that Kodiak Island Borough (KIB) would like to replace the Peterson Elementary School roof. While replacing the roof, additional work on the exposed rooftop HVAC is desired. There are two options for the HVAC that are to be analyzed. You have asked PND to provide structural engineering services. PND’s current scope of services will include the following: · Option 1 – Replace rooftop ductwork o Review existing roof framing for added weight of new duct enclosures or elevated, insulated ductwork. · Option 2 – New rooftop mechanical penthouse o Review existing roof framing for added weight of new mechanical penthouse with AHU. o Review existing seismic load resisting system (SLRS) for added seismic weight of new mechanical penthouse with AHU. Review will determine if a seismic retrofit of the classroom wing is required due to the added seismic weight and how a seismic retrofit could be avoided. · Provide 65% markups of existing structural drawings noting the retrofit required for Options 1 and 2. Markups will be in Bluebeam and will be sufficient for a 65% design cost estimate. PND proposes to provide the above outlined design services on a time and expenses basis with an estimated total of $9,160. We will invoice our time monthly in accordance with the attached rate schedule and our expenses at cost plus 10 percent. A breakdown of the fee is attached. Once a decision is made on if KIB wants to pursue Option 1 or Option 2, PND can provide a fee proposal for final construction documents. Thank you for considering PND. If you have questions or need additional information, please feel free to contact me. We look forward to working with you. Sincerely, PND Engineers, Inc. | Juneau Office Brian Nielsen, P.E, S.E. Senior Engineer / Principal AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 21 of 225 PND Engineers Inc. 9360 Glacier Highway Suite 100 PND 21J137 Juneau, Alaska 99801 Kodiak Peterson School Roof HVAC JYW Architects Structural Fee Estimate Engineering Services LABOR Professional Technical Administrative Senior Engineer VI Senior Engineer III CADD Tech. VI Tech VI Tech IV Task Costs Phase Subtotal Task Hourly Rate $195.00 $155.00 $125.00 $140.00 $100.00 A Research existing drawings 1 4 $815 B Option 1 Check existing roof framing for duct enclosure / insulated ductwork 1 4 $815 C Option 2 Check existing roof framing for new mechanical penthouse 2 8 $1,630 Check existing SLRS for new mechanical penthouse 4 12 $2,640 D 65% cost estimate markups of required upgrades 4 16 $3,260 Total Labor 12 44 $9,160 EXPENSES Expenses Accounting Mark-up 10.0% Total Expenses Total Engineering Design Services $9,160 December 20, 2021 AGENDA ITEM #13.A.1.Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 22 of 225 Professional:Staff Engineer I $95.00 Staff Engineer II $105.00 Staff Engineer III $115.00 Staff Engineer IV $120.00 Staff Engineer V $125.00 Staff Engineer VI $140.00 Senior Engineer I $135.00 Senior Engineer II $145.00 Senior Engineer III $155.00 Senior Engineer IV $165.00 Senior Engineer V $175.00 Senior Engineer VI $195.00 Senior Engineer VII $210.00 GIS Specialist $100.00 Environmental Scientist I $100.00 Environmental Scientist II $120.00 Environmental Scientist III $135.00 Environmental Scientist IV $150.00 Environmental Scientist V $165.00 Environmental Scientist VI $180.00 Surveyors:Senior Land Surveyor I $110.00 Senior Land Surveyor II $120.00 Senior Land Surveyor III $130.00 Technicians:Technician I $55.00 Technician II $80.00 Technician III $90.00 Technician IV $100.00 Technician V $125.00 Technician VI $140.00 CAD Designer III $80.00 CAD Designer IV $95.00 CAD Designer V $115.00 CAD Designer VI $125.00 PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE FEBRUARY 2021 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 23 of 225 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Mechanical & Electrical Engineers December 27, 2021 Jensen, Yorba, Wall 522 W. 10th Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: KIB Peterson ES Roof Replacement Mechanical and Electrical Engineering Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on the following assumptions: General: • The project will consist of a roof replacement at the elementary school. As part of the roof replacement, the existing relief air fan and ductwork on the roof will also be replaced with one of the following options: o Option 1 will replace fan and ductwork with new equipment on top of the new roof, matching the existing configuration. We will explore the idea of enclosing the ductwork with a built-up roof extension. o Option 2 will be an HVAC upgrade for the classroom wing to replace the AHU in the school fan room, as well as the ductwork and fan on the roof. This would include a new roof-mounted AHU with a service vestibule on the north classroom wing to eliminate ductwork on the roof. The upgrades will include modifications to ceilings in Classroom 1, Classroom 12, and the adjacent corridor, in order to allow for duct modification and connection to the new roof-mounted AHU. • Mechanical design will also include removing mechanical hoods/fans and extending curbs to accommodate the new thicker roof system, plumbing vent modifications, and replacement of roof drains and/or overflow drains. • Electrical design will include power disconnect/reconnect to all mechanical equipment, as well as additional circuit(s) for the new roof-mounted AHU and service vestibule if required. • Deliverables: We will provide the one design submittal at 65% Design Development. • Draft specifications will be prepared using CSI Master Format as part of a bound project manual. Exclusions: • We have not included any site visits in our fee proposal. 65% design will be based on as- built drawings. RSA proposes the following lump sum fee for this project: Task Mechanical Electrical Total 65% Design Development $9,790.00 $5,090.00 $14,880.00 Subtotal $9,790.00 $5,090.00 $14,880.00 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 24 of 225 December 27, 2021 Page 2 of 2 Please review and advise if this proposal is acceptable by sending us notice to proceed or contract. We look forward to working with you on this project. Sincerely, Brian Pekar, P.E. Vice President, Principal Mechanical Engineer bpp/hhm 21-0550/P21-397 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 25 of 225 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Fee Proposal Prepared For: Jensen Yorba Wall Inc. 522 West Tenth Street Juneau, Alaska 99801 Attn: Corey Wall Project:Peterson Elementary School Re-Roof Location:Kodiak, Alaska 1. Project Description and Service Provide a 65% design cost estimate to re-roof approximately 48,800 SF of roof area including demolition of existing roof, new flashings, roof detail at penetrations, and alternates including two major mechanical upgrades. This estimate will be prepared in Uniformat Elemental Categories and priced for construction on a date to be determined. 2. Fee Breakdown and Schedule (Lump Sum) 65% Design Estimate $ 5,920.00 Within (10) Full Working Days The above fee does not include preparation of additive bid items or alternates, except as specifically noted. See 3. Terms below. Allow the above full working days to provide the proposed services. Time for task completion will begin following receipt of all available design information for that particular phase. Please note the above durations exclude weekends, holidays and partial days. Please give two weeks advance notice for commencing each phase of work. 3. Terms Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF file format or in Excel, if necessary. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Architect/Engineer shall provide HMS Inc. with full size, correct scale drawings, along with an electronic set (PDF format preferred). Should these not be provided, it may be necessary to increase our fee proposal and add additional days to complete our work. Should it be necessary, HMS Inc. has the capability to print one or two drawings, however, depending on the quantity, an additional charge may be added at $4.00/sheet. DATE 12/15/2021 FEE PROPOSAL NO. P21-12-08 21094 HMS PROJECT NO. Page 1 of 3 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 26 of 225 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com DATE 12/15/2021 FEE PROPOSAL NO. P21-12-08 21094 HMS PROJECT NO. 3. Terms (Continued) Additive Bid Items or Alternates: Our fee proposal does not include preparing estimates for additive bid items or alternates (except those included in Section 2 Fee Breakdown) that require re-measurement of work items included in the Base Bid cost estimate. We reserve the right to renegotiate our fee should alternates become necessary beyond one or two minor alternates or additive bid items. Reimbursable Expenses: This fee proposal does not provide for long distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such items, if required, will be charged on a time-and-expense basis at our current rate schedule. Penalty/Bonus Condition: This proposal is made on the understanding that we will not be entering into an agreement with the client that includes a penalty/bonus condition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project. Additional Insured: Any requirements to name additional insureds on our insurance policies may be subject to additional fees should fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a 1.5% fee per month. Expiration Date: This fee proposal is valid for (6) months from the date of issue. HMS Inc. reserves the right to adjust the fee to incorporate the current years rates after the (6) month period. Change in Scope: Should the project scope or format change, HMS Inc. reserves the right to modify this proposal. Written approval for work on increased scope items prior to proceeding with additional work will be required. Notice to Proceed: Designer/owner will provide written notice to proceed. Delivery of documents is not considered a notice to proceed. Prepared By: Kent Gamble, Principal KG/kh Page 2 of 3 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 27 of 225 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Project:Peterson Elementary School A/E Firm: Re-Roof Location:Kodiak, Alaska Prepared By:Kent Gamble, Principal Discipline Rate Hours Subtotal 65% Design Estimate: Estimator V 165.00 x 1 = 165.00 Estimator IV 144.00 x 24 = 3,456.00 Estimator III 134.00 x 15 = 2,010.00 Estimator II 115.00 x 0 =0.00 Estimator I 77.00 x 0 =0.00 Office Support II 77.00 x 3 = 231.00 Office Support I 58.00 x 1 = 58.00 Total 65% Design Estimate:44 Hours $ 5,920.00 TOTAL:44 Hours $ 5,920.00 21094 Jensen Yorba Wall Inc. Hours Fee FEE BREAKDOWN Total Total (2020 SCHEDULE OF RATES) DATE 12/15/2021 P21-12-08 HMS PROJECT NO. FEE PROPOSAL NO. Page 3 of 3 AGENDA ITEM #13.A.1. Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Des...Page 28 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Design Fees For The East Elementary School Roof Replacement In An Amount Not To Exceed $5,000. ORIGINATOR: Project Manager/Inspector, Matt Gandel RECOMMENDATION: Move to authorize the Borough Manger to execute Contract No. FY2019-10 Change Order No. 17 with Jensen Yorba Wall in an amount to not exceed $5,000. Staff Report - Project Manager/Inspector, Matt Gandel Assembly Discussion Roll Call Vote DISCUSSION: This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include conceptual design services for the East Elementary Roof Replacement project. The existing roof at East Elementary School was installed in 1987 and has been experiencing issues with snow and ice buildup. There is also an intersection between two different portions of the building that is prone to leaking due to its construction. This change order is to complete a conceptual design for a roof replacement, mainly focusing on options to correct the roof intersection area. This will likely require consultation with a structural engineer to ensure the existing structure is capable of handling proposed new roof loads. Completing this initial design work would also help KIBSD to score higher on the Alaska Department of Education and Early Development's CIP scoring providing a greater chance of receiving partial State reimbursement for construction. ALTERNATIVES: Take no action or do not approve the change order. FISCAL IMPACT: This design work will be funded by Fund 220 Buildings and Grounds. An item will be included on a future budget ordinance to transfer funds to the project for this design work. OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 3.30.100 Change orders – Manager authority. AGENDA ITEM #13.A.2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Des...Page 29 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough The manager, or designee, is authorized, without assembly approval, to enter into change orders with respect to borough projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed the total contract amounts approved for the project, plus project contingency equal to 10 percent of the approved contract amount. Additional contingency may be requested and approved by the assembly. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. Project approval should include a budget for the project that includes a contingency line item of 10 percent. Change orders above the manager’s approval limit, but not exceeding five percent of the original contract amount or $50,000, whichever is lower, require approval by: 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. Such approval may be by signature or electronic signature. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. The authority contained in this section is independent and exclusive of the purchasing authority defined in KIBC 3.30.010. AGENDA ITEM #13.A.2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Des...Page 30 of 225 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 TERM CONTRACT CHANGE ORDER Project Name: Project Number: East Elementary Roof Replacement TBD Contractor: Jensen Yorba Wall, Inc. Term Contract No.: 2019-10 Change Order No.: 17 Original Project Budget: $ 10,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 699,527.00 Adjusted Project Budget: $ 10,000.00 This Change: $ 5,000.00 To-Date Project Expenses: $ 0.00 % of Original Contract >5% To-Date Project Encumbrances: $ 0.00 Adjusted Contract: $ 704,527.00 Current Remaining Project Budget: $ 10,000.00 Description of Change Cost Provide a conceptual design for the East Elementary Roof Replacement project per proposal dated January 18, 2022. Conceptual design will include investigation for possible modifications to eliminate gutter between newer and older roof sections. $ 5,000.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #13.A.2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Des...Page 31 of 225 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: January 28, 2022 To: Matt Gandel, KIB Project Manager From: Corey Wall Re: KIBSD – East Elementary School Re-Roof (JYW No. 22002) Conceptual Feel Proposal Thank you for contacting us about the potential re-roof design project for the sloping metal roof portions of East Elementary School. To start the project we propose a conceptual design process to explore how, and whether, the roof can be configured where the sloping roof meets the flat roofed potions of the building. This design work could be the basis for a full roof-replacement design project in the future. Scope  Develop concepts for reconstructing the roof sloping down to the roof-level drainage gutter between the sloping and flat-roofed portions of the building.  Determine if reconfiguring the roof is possible without major structural upgrades. Fee  $5,000 limit, billed as hourly Time and Expense. We will bill only for the hours expended on the project and will notify you if we approach the limit.  Hourly Rates: o $170/hour Corey Wall (JYW), Principal Architect / Project Manager o $95/hour Ben Wood (JYW), Drafter o $195/hour Brian Nielsen (PND), Principal Structural Engineer Notes & Exclusions  Deliverables are likely to be a combination of CAD and hand-drawn sketches. Some may be diagrammatic and NTS.  Some structural analysis will be done to rule out totally unworkable solutions, but full calculations will not be completed in this early phase.  Cost estimates are not included at this time.  No site visit is included so some photos and on-site assistance by KIB personnel may be required. Thank you for the opportunity! AGENDA ITEM #13.A.2. Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Des...Page 32 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-30 Landfill Stage 3 Closure ORIGINATOR: Project Manager/Inspector, Matt Gandel RECOMMENDATION: Move to award Contract No. FY2022-30 to Brechan Construction in an amount not to exceed $1,948,000. Staff Report - Project Manager/Inspector, Matt Gandel Assembly Discussion Roll Call Vote DISCUSSION: This contract is for installation of interim cover, final cover, and rain sheet at the landfill. Completing this work will direct rainwater to the stormwater system instead of leachate collection, helping to minimize the amount of water that requires treatment at the Leachate Treatment Plant. The contract includes a unit price for blasting and processing of cover rock for future landfill operations. Design for this project was completed by Jacobs Engineering and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on November 22, 2021. Bids were due and opened on January 27, 2022. Only bid bid was received, from Brechan Construction LLC. Staff has determined that Brechan's bid is responsive and is recommending award of the contract. The work is scheduled to be completed by November 1, 2022. ALTERNATIVES: FISCAL IMPACT: KIB staff has been in discussion with the United States Department of Agriculture (USDA) about the potential to receive low interest loans or grants to fund some or all of the project costs. On January 24, 2022, staff was notified that this project is "eligible" for USDA funding, but the specifics of that funding are not yet available. There is also approximately $1.7M remaining in loans received from the Alaska Department of Environmental Conservation for the recent Landfill Lateral Expansion that could be applied to this new project. OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 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 AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 33 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough approval. Similar types of work, even if performed in different geographic locations, are considered “in the aggregate” regardless of the project, contract, purchase orders, or change order and require assembly notification if the total payment to one contractor exceeds $25,000 in one fiscal year. AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 34 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between Kodiak Island Borough (“Owner”) and Brechan Construction LLC (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Installation of interim cover, final cover, and rain sheet on the landfill; associated grading and stormwater drainage facilities; gravel access road; and cutting of woody vegetation on select areas or landfill cover surface. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Kodiak Landfill Stage 3 Closure ARTICLE 3—ENGINEER 3.01 The Owner has retained Jacobs Engineering (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed Engineer. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially complete within 284 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 313 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Deleted. There will be no liquidated damages in this contract. 4.04 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 35 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of $1,243,000.00. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). Unit Price Work Item No. Description Unit Estimated Quantity Unit Price Extended Price 1 Blasting and processing of additional rock for landfill daily cover Cubic Yards 30,000 $23.50 $705,000.00 Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $705,000.00 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $1,948,000.00. D. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 36 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. Upon Substantial Completion of the entire construction to be provided under the construction Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. ARTICLE 7—CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the project manual (copy of list attached). AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 37 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 7. Drawings listed on the attached sheet index. 8. Addenda (numbers 1 to 5, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Specifications Table of Contents b. Drawings sheet index c. Test pit technical memorandum 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 38 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 39 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 40 of 225 CONTRACT NO. FY2022-30 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on February 22, 2022 (which is the Effective Date of the Contract). Owner: Contractor: (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individual’s signature) (individual’s signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: (If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) State: AGENDA ITEM #13.A.3. Contract No. FY2022-30 Landfill Stage 3 Closure Page 41 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 42 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 43 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 44 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 45 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 46 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 47 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 48 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 49 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 50 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 51 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 52 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 53 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 54 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 55 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 56 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 57 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 58 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 59 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 60 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 61 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 62 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 63 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 64 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 65 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 66 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 67 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 68 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 69 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 70 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 71 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 72 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 73 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 74 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 75 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 76 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 77 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 78 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 79 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 80 of 225 AGENDA ITEM #13.A.3.Contract No. FY2022-30 Landfill Stage 3 ClosurePage 81 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacement Pump For The Kodiak Fisheries Research Facility ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: Move to authorize the Borough Manager to approve Contract No. FY2022-31- the purchase of the Fybroc Replacement Pump for the Kodiak Fisheries Research Facility in an amount not to exceed $32,000.00. Staff Report - Engineering and Facilities Director, Dave Conrad Assembly Discussion Roll Call Vote DISCUSSION: This centrifugal pump is the primary backwash pump for the filtered seawater system at the KFRC Facility. The pump is original equipment and has been in service since 1998. The pump seals are showing signs of wear and are leaking saltwater. Staff is requesting permission to procure this pump prior to the failure of the pump seals. After replacement of the existing pump the staff will obtain pricing for rebuild. If rebuild is a reasonable cost the existing pump can be rebuilt and stored for a critical spare. ALTERNATIVES: Reject the procurement. FISCAL IMPACT: OTHER INFORMATION: KIBC Title 3 Revenue and Finance, Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 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 projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed the total contract amounts approved for the project, plus project contingency equal to 10 percent of the approved contract amount. Additional contingency may be requested and approved by the assembly. The manager, or designee, shall report monthly to the assembly the nature and amount of such change orders. Project approval should include a budget for the project that includes a contingency line item of 10 percent. Change orders above the manager’s approval limit, but not exceeding five percent of the original contract amount or $50,000, whichever is lower, require approval by: AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 82 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough 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. Such approval may be by signature or electronic signature. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. The authority contained in this section is independent and exclusive of the purchasing authority defined in KIBC 3.30.010. AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 83 of 225 Part Type Style Quoted Price Pump Only Fybroc 1500 Series 6x8-13 24,295.00$ Motor Only Motor 40HP, 1600GPM 4,162.00$ Baseplate no info Coupling no info TOTAL 28,457.00$ Gasket for Pump Only 8B2 Seal 2,232.62$ Part Type Style Quoted Price Pump Only Fybroc 1500 Series 6x8-13 $ 28,152.00 Motor Only Baldor 40HP Motor $ 3,021.00 Baseplate FRP Baseplate $ 6,957.00 Coupling 324T Frame $ 1,717.00 TOTAL $ 39,847.00 Gasket for Pump Only John Crane 8B2 Mechanical Seal Part Type Style Quoted Price Pump Only Fybroc 1500 Series 6x8-13 Motor Only Motor 40HP, 1600GPM Baseplate FRP Baseplate Coupling 324T Frame TOTAL 53,431.00$ Gasket for Pump Only 8B2 Seal 3,146.00$ Beckwith & Kuffel DXP - Alaska Pump & Supply Northwest Pump AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 84 of 225 Style 2 Quoted Price Style 2 Quoted Price Goulds 4x6-10H $ 12,370.00 Goulds Motor 25HP, 1200 GPM $ 1,463.00 Polymer Baseplate $ 2,479.00 284T Frame $ 361.00 $ 16,673.00 John Crane 8B2 Mechanical Seal Style 2 Quoted Price Beckwith & Kuffel DXP - Alaska Pump & Supply Northwest Pump AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 85 of 225 NORTHWEST PUMP 2800 NW 31st Ave · Portland OR 97210 · (503) 227-7867 · (800) 452-PUMP · Fax (503) 227-4006 · www.nwpump.com Anaheim, CA · Anchorage, AK · Billings, MT · Boise, ID · Everett, WA · Federal Way, WA · Fremont, CA · Fresno, CA · Glendale, CA · Honolulu, HI · Pasco, WA Phoenix, AZ - Sacramento, CA ·San Diego, CA · Spokane, WA · Tucson, AZ · Valencia, CA Quote Customer #Quote #By 109931 3282407-00 Paul Emmons Ship To Quote Date Email INDUST 1/20/22 paul.emmons@nwpump.com Attn:Page #Phone 1 of 1 (503) 205-2161 Bill To Ship To From Kodiak Island Borough Kodiak Island Borough Northwest Pump 710 Mill Bay Rd E/F Dept 710 Mill Bay Rd E/F Dept 2800 NW 31st Avenue Kodiak, AK 99615 (907) 486-9343 Kodiak, AK 99615 (907) 486-9343 Portland, OR 97210 (907) 277-7867 Instructions Warehouse Ship Via Reference Sales Rep Terms 1301 Rogers, Kyle Net 30 days Notes Line #Product and Description Quantity UM Price Amount 1 1500 Series, 6x8x13, VR-1, 10.125" Imp. Match SN 980854 Crane 8B2 (Single Outside) (Carbon/Ceramic) - Viton Pump and seal only Per Quote: F-01-2022-7559 Estimate 8-10 weeks lead-time Freight FOB Factory Telford, PA. 18969 1.00 each 24,295.00 24,295.00 2 MNH040642P4BLT 40HP, 1800RPM, 230/460V- 3/60HZ, NEMA, TEFC, Premium Eff., Horiz. 324T Frame Motor Approximate Ship weight 730 LBS. 1.00 each 4,162.00 4,162.00 3 08974C0102 8B2 seal for Group III pump, 6x8x13 1.00 each 2,232.62 2,232.62 3 Lines Total Total Order Quantity 3.00 Subtotal 30,689.62 Taxes 0.00 Total 30,689.62 Thank You Paul Emmons AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 86 of 225 Line No.Number Description Qty Unit Price Total Price OPTION A: DROP-IN REPLACEMENT FOR EXISTING 10000 ZZ-22-01080 FYBROC 1500 SERIES 6x8-13, PUMP ONLY 1 28,152.00 28,152.00 FYBROC, MODEL 1500, 6x8-13, FIBERGLASS CONSTRUCTION, JOHN CRANE 8B2 CARBON/CERAMIC/VITON MECHANICAL SEAL, BARE SHAFT PUMP ONLY - LESS MOTOR, BASE, COUPLING REPLACEMENT FOR SN 980854 - LEAD TIME 8-10 WEEKS, ARO 11250 EM4110T BALDOR 40HP 1750RPM 3PH 324T TEFC MOTOR 1 3,021.00 3,021.00 12500 ZZ-22-01086 FYBROC FRP BASEPLATE, HARDWARE, RISER, AND GUARD 1 6,957.00 6,957.00 13750 ZZ-22-01087 COUPLING FOR 324T FRAME MOTOR, FYBROC PUMP 1 1,717.00 1,717.00 OPTION B: GOULDS REPLACEMENT 20000 ZZ-22-01081 ITT GOULDS NM3196 MTI - 4x6-10H 1 16,673.00 16,673.00 ITT GOULDS, NM3196, 4x6-10H, FIBERGLASS CONSTRUCTION, 9.25" IMPELLER TRIM, JOHN CRANE 82B CARBON/CERAMIC/VITON MECHANICAL SEAL, DUTY POINT: 1200 GPM @ 50' TDH, 25 HP, 1800 RPM, TEFC ENCLOSURE, 284T FRAME, 3 PH/60 HZ/230/460 V MOTOR, INCLUDES COUPLING AND CHEMBASEPLUS POLYMER BASEPLATE LEAD TIME 8-10 WEEKS, ARO PUMP COST = $12,370.00 MOTOR COST = $1463.00 BASEPLATE COST = $2479.00 Website:www.b-k.com Phone:Fax:206-767-6230206-767-6700 Email:drenegar@b-k.com 1 of 2Page: For complete Terms & Conditions, see:http://www.b-k.com/terms Sell To: Patricia Valerio 710 MILL BAY ROAD KODIAK, AK 99615 USA KODIAK ISLAND BOROUGH Emergency Service 24 Hours a Day 365 Days a Year Quote Number:B22-00485-329-A Quote Date: pvalerio@kodiakak.us Patricia Valerio Customer Contact: P: 907-486-9211 Cust. Phone / Fax 1/25/2022 Customer Email: F: Customer ID: B: P-004183 Cust.Reference: FYBROC MODEL 1500 REPLACEMENT Territory: AK-SEA S: P-004183 Exemption: Cert#: Exp: Payment Terms:CHECK W/ AR FOB:Ship Date:WHSESEE NOTES Freight Terms:PREPAY & ADD KODIAK ISLAND BOROUGHShip To: 710 MILL BAY ROAD KODIAK, AK 99615 USA AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 87 of 225 Line No.Number Description Qty Unit Price Total Price COUPLING COST = $361.00 Website:www.b-k.com Phone:Fax:206-767-6230206-767-6700 Email:drenegar@b-k.com 2 of 2Page: 0.00 56,520.00 Est. Tax (0.00%): Subtotal: Submitted by: Daniel Renegar Shipping & Handling:See Terms Total - Check/Cash: Total - Credit Card: 56,520.00 58,272.12 Accepted by: Comments: Payment Schedule (Cash/Check):Payment 1 Payment 2 Payment 3 14,130.00 19,782.00 Remainder For complete Terms & Conditions, see:http://www.b-k.com/terms Sell To: Patricia Valerio 710 MILL BAY ROAD KODIAK, AK 99615 USA KODIAK ISLAND BOROUGH Emergency Service 24 Hours a Day 365 Days a Year Quote Number:B22-00485-329-A Quote Date: pvalerio@kodiakak.us Patricia Valerio Customer Contact: P: 907-486-9211 Cust. Phone / Fax 1/25/2022 Customer Email: F: Customer ID: B: P-004183 Cust.Reference: FYBROC MODEL 1500 REPLACEMENT Territory: AK-SEA S: P-004183 Exemption: Cert#: Exp: Payment Terms:CHECK W/ AR FOB:Ship Date:WHSESEE NOTES Freight Terms:PREPAY & ADD KODIAK ISLAND BOROUGHShip To: 710 MILL BAY ROAD KODIAK, AK 99615 USA AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 88 of 225 Terms and Conditions of Sale: This transaction will be governed only by Beckwith & Kuffel (B&K) Terms and Conditions of Sale, form BK-531-R18. Those terms and conditions are found at http://www.b-k.com/terms . Customer accepts these terms and conditions by signing and returning B&K's quote, by sending a purchase order in response to the quote, by instructing B&K to ship the product, or otherwise proceeding with this transaction. B&K objects to any additional or other terms and does not agree to be bound by them. Limitations of Liability: In no event will B&K be liable for any consequential, indirect, special, incidental, or exemplary damages, including but not limited to any loss of use or under-utilization of labor or facilities, loss of revenue or anticipated profits, and cost of procurement of substitute goods. Credit Approval:Subject to Beckwith & Kuffel Credit Department approval. Payment Terms:Under $50,000 Due based on specified terms from date of shipment. Over $50,000 25% of Total 35% of Total Remainder Progress Payment shall apply to all orders over $50,000 as follows unless specified on the body of the sales quote. Due upon order acceptance by B&K Due upon Release to Manufacture or Submittal / Drawing Approval Due based on specified terms after date of shipment Finance Charge:A carrying charge of 1.5% per month will apply to all amounts past due over 30 days. Credit Card Sales:An additional 3.1% fee will be charged for all credit/purchase card payments to cover additional transaction costs. Sales Tax: Washington State Sales Tax (WSST) may apply to this order. A.Customers located in Washington State: must pay Washington State Sales Tax (WSST) on all orders delivered or picked up within Washington State unless B&K has in its possession an accurate and current resale or exemption tax certificate on file for your company. If you have a certificate on file with B&K please advise if tax is to be applied or not at the time of order. a.If no certificate is on file at B&K and this purchase IS NOT subject to WSST, then an applicable certificate is required with your order or WSST is required to be charged. b.Sales Tax Exemption Certificate information for your company currently on file as follows: i.Certificate #: ii.Exemption Through: B.Customers located in the State of Oregon: must obtain a corporate nonresident permit from the Washington State Department of Revenue in order to purchase goods in Washington State to not legally be required to pay WSST. C.Customers located outside the States of Washington and Oregon: DO NOT PAY WSST on items purchased provided the goods are delivered out of state. However, various nexus agreements between the states may require collection of local sales tax for drop shipped items. If the goods are picked up by or delivered to the customer in Washington State, then state law (WAC 458-20-193) requires WSST to be paid unless the company provides a certificate as described in A above. Duration: Valid for 30 days from the date of the Quotation. Warranty: Manufacturer's Standard Warranty will apply. FOB Point: Factory, unless otherwise specified in the quotation. Shipping & Handling Charges: Charges will be added for packaging, crating, and/or export boxing requirements as required by the shipping company or other entity. Inbound: Inbound Shipping & Handling will be billed as a separate item on an invoice. Outbound: Outbound Shipping & Handling will be Prepaid and Added to the invoice, unless otherwise specified. Remittance Advice: Beckwith & Kuffel, Inc. PO Box 94589 Seattle, WA 98124-6889 For complete Terms and Conditions, see:http://www.b-k.com/terms AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 89 of 225 ATTN:QUOTE: Project: Qty Part #Each Total 1 1500 53,431.00$ 53,431.00$ F.O.B:Alaska Pump & Supply Ships:10-12wks Regards, Please reference AKP22-0085 when placing order. Subject to Alaska Pumps Terms & Conditions of Sale. Net Thirty (30) Terms are subject to Alaska Pumps' credit department approval. Kodiak Island Borough Fybroc Fybroc 1500 Pump:Size: 6x8x13 (13A90) Shaft Mat'l: 303 SS (Standard) Pump Mat'l: VR-1 (Standard) Pump H/W: 303SS Casing H/W Pump Elastomer: Viton (Standard) Impeller Trim: 10.125in Discharge: 6in 150# ANSI Flange Suction: 8in 150# ANSI Flange Sleeve Type: Integral Sleeve SEAL: Crane 8B2 (Single Outside) (Carbon/Ceramic) - Viton COUPLING: Coupling for 324T Frame BASEPLATE (#5): Option #5: FRP Baseplate, Hardware, Risers, and Guard MOTOR: 40HP, 1800RPM, 230/460V-3/60HZ, NEMA, TEFC, Premium Eff., Horiz. 324T Frame FLOW RATE: 1600 GPM *PLEASE REFER TO ATTACHED DIAGRAM* Description January 27, 2022 Patricia Valerio - Kodiak Island Borough 700 Mill Bay Road, AKP22-0085 Tyler Gallagher Technical Sales tyler.gallagher@dxpe.com FAX: (907) 562-5449 DXP | Alaska Pump & Supply, Inc. Direct: (907) 793-4824 Total: $53,431.00 This quotation is the sole property of Alaska Pump & Supply, Inc. It is issued to you for your confidential use only. In consi deration of this quote, the issued party agrees that this quotation shall not be reproduced or copied or disposed of directly or indirectly, or issued for the purpose other than that for which it has been supplied for without written permission. Alaska Pump & Supply, Inc. reserves the right to refuse to sell all or part of this quotation. Quote is valid for 30 days unless noted. Alaska Pump & Supply, Inc. Terms and Conditions Apply Page 1 of 2 AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 90 of 225 Date: Rev Date: 7/18/2012 Customer Signature Binding Effect: These Terms and Conditions shall be binding on the parties hereto and their heirs, personal representatives, successors, and assigns. The undersigned acknowledges and agrees to Alaska Pump & Supply, Inc. terms and conditions of sale/quote as referenced in our quote AKP22-0085 and is subject to Alaska Pump & Supply Inc.’s Standard Terms and Conditions of Sale which are outlined above and agrees to be bound by said Terms and Conditions. No other conditions previous or after date below apply. Letters and Quotes: Notwithstanding any language to the contrary, nothing contained in our letters or quotes constitutes or is intended to constitute engineering work requiring a stamp or engineering seal by Alaska Pump & Supply, Inc.. We neither convey nor imply that the company or persons are practicing engineering herein. __________________________________________ Customer Name Printed ______________________________ ______________________________ Errors: Seller reserves the right to correct any clerical and/or stenographic error or omission. Limitation of Liability: In no event shall Seller be liable for any lost profits, down time, lost sales, operating or maintenance costs, or for any other special, indirect, incidental or consequential damages of Buyer. Governing Law: The terms of this agreement and all rights and obligations of the parties hereunder shall be governed by the laws of the State of Alaska. Cancellation: Buyer may cancel this order only upon written notice and payment to Seller of reasonable cancellation charges. Returns: Seller will not accept returns of chemicals, electrical items or special orders. Seller will not accept returns of any products, goods and/or equipment after ninety (90) days from the date of the invoice. Buyer will be assessed a reasonable restocking fee on any accepted returns. Approvals: Buyer is responsible for obtaining any required engineers’, owners’, and/or governmental agencies’ approval of the products, goods, equipment and/or services. Seller does not warrant that the products, goods, equipment and/or services will meet any such approvals or specifications. Job Name: Kodiak Island Borough Fybroc DXP | Alaska Pump & Supply, Inc. AKP22-0085Date: 1/27/2022 Company Name Printed X_________________________________________ Warranties: SELLER MAKES NO EXPRESS WARRANTIES WITH RESPECT TO ANY PRODUCT, GOODS AND/OR EQUIPMENT SOLD OR SERVICES PERFORMED AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller does not authorize anyone to make a warranty of any kind on its behalf and Buyer should not rely on any statement to that effect. Seller is not the manufacturer of the products, goods and/or equipment. If the manufacturer of the products, goods and/or equipment warrants the products, goods and/or equipment that Buyer has purchased, Buyer shall have whatever manufacturer’s warranty there is subject to the terms and conditions of the warranty. The Buyer’s sole and exclusive remedy, if any, shall be against the manufacturer and not Seller. Integration: These Terms and Conditions constitute the entire agreement between Buyer and Seller with respect to this transaction and supercede and replace all prior negotiations agreements, and representation, oral or written. These Terms and Conditions may not be amended or modified except pursuant to a written document signed by both parties. Terms of Payment: Payment is due thirty (30) days after the date of the invoice. Interest on the unpaid balance will be charged on all overdue monies at the rate of 18% per annum or the highest rate allowable by law, whichever is less. Customer agrees to pay all collection costs, including actual reasonable attorney’s fees incurred in collecting monies due hereunder. Seller reserves the right to require payment in advance or provide other credit terms if Buyer’s credit is not acceptable to Seller. STANDARD TERMS & CONDITIONS OF SALE DXP | ALASKA PUMP & SUPPLY, INC. Conditions: All orders are accepted with the understanding that they are subject to Seller’s ability to obtain the necessary products, goods and/or equipment. Inspection: Buyer shall inspect Seller’s products, goods and/or equipment upon receipt and if Buyer’s inspection reveals any defects, Buyer shall notify the Seller within three (3) days after receipt of the products, goods and/or equipment of any claim Buyer might have concerning such defects or of any claim discovered by Buyer. Buyer’s failure to notify Seller within such three day period shall constitute a waiver by Buyer of all claims covering such defects. Identification and Risk of Loss: The products, goods and/or equipment shall be identified to the contract and risk of loss shall pass to Buyer when the products, goods and/or equipment are placed in the hands of the carrier. Freight: All prices are FOB point of manufacture and do not include freight unless specifically listed as included. Seller shall not be responsible for actions, inactions or delays by the carrier. Not Included: Unless specifically provided herein, the products, goods, equipment, and/or services listed do not include freight, haulage, unloading, freight claims, installation, erection, concrete, grout, water, utilities, lubricating grease and oil, power, tools, labor, controls, conduit, wiring, meters, main disconnects, piping, valves, fittings, gaskets, hardware, taxes, covers, field painting, insurance, testing, royalties, maintenance, operation, erection supervision, start-up services, personnel transportation, anchor bolts, welding rod, or asset. AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 91 of 225 ATTN:QUOTE: Project: Qty Part #Each Total 1 08974C0102 3,146.00$ 3,146.00$ F.O.B:AK Pump & Supply Ships:9-10wks Regards, Please reference AKP22-0086 when placing order. Subject to Alaska Pumps Terms & Conditions of Sale. Net Thirty (30) Terms are subject to Alaska Pumps' credit department approval. Kodiak Island Borough Seal Fybroc seal, Crane 8B2 Carb/Ceramic Description January 26, 2022 Patricia Valerio - Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 PH: 907-486-9343 Email: pvalerio@kodiakak.us AKP22-0086 Tyler Gallagher Technical Sales tyler.gallagher@dxpe.com FAX: (907) 562-5449 DXP | Alaska Pump & Supply, Inc. Direct: (907) 793-4824 Total: $3,146.00 We are pleased to provide pricing for the following equipment: This quotation is the sole property of Alaska Pump & Supply, Inc. It is issued to you for your confidential use only. In consi deration of this quote, the issued party agrees that this quotation shall not be reproduced or copied or disposed of directly or indirectly, or issued for the purpose other than that for which it has been supplied for without written permission. Alaska Pump & Supply, Inc. reserves the right to refuse to sell all or part of this quotation. Quote is valid for 30 days unless noted. Alaska Pump & Supply, Inc. Terms and Conditions Apply Page 1 of 1 AGENDA ITEM #13.A.4. Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 92 of 225 AGENDA ITEM #13.A.4.Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacem...Page 93 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area No. 1. ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: Move to Authorize the Manager to enter into Contract #FY2022-32 with Kendell Ford of Anchorage, Alaska to procure a Ford F150 4x4 Super Crew Cab Pick Up in the amount of $56,439.00. Staff Report - Engineering and Facilities Director, Dave Conrad Assembly Discussion Roll Call Vote DISCUSSION: Fire Service Area #1 , the Bayside Volunteer Fire Department is requesting consideration to procure a Ford F150 4x4 Super Crew Cab Pick Up in the amount of $56,439.00 as a replacement Fire Chief vehicle for the department. The Fire Service Area Board has recognized this replacement chiefs vehicle as an emergency first out vehicle. Due to the condition of the existing 2002 Jeep Liberty Chiefs Vehicle they are requesting consideration for an emergency purchase. This vehicle will replace the aging 2002 Jeep Liberty that has been determined to be unsafe in its current condition. Bayside has been contemplating the purchase of a replacement for the Jeep Liberty for a couple of years. The vehicle has not run properly and due to the age the department does not wish to invest in the cost to repair the 20 year old vehicle. Normally the KIB would utilize the State of Alaska DOT Light Vehicle Procurement List to buy replacements vehicles of this type. Due to the pandemic and the issues associated with the supply chain, the AKDOT Light Vehicle Site has not been available for two years. The dealers contacted in Anchorage for potential ordering will not take orders for new vehicles until reportedly the 2023 model year is pending. After discussions with Kendall Ford, additional first responder discounts will apply to this vehicle purchase. ALTERNATIVES: Vote No on this request. FISCAL IMPACT: Fire Service Area #1 has the funds in the current budget year to fund this contract procurement. OTHER INFORMATION: AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 94 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 95 of 225 From:Scott Brandt-Erichsen To:Dave Conrad Cc:Roxanne Murphy; Emily Buehrig Subject:RE: Vehicle Procurement Date:Monday, February 14, 2022 5:02:31 PM Dave, The issue turns on the factual determination of whether this purchase is an emergency. If it is over $25,000, which this is, KIBC 3.30.040 requires advertising for bids for 3 weeks. In order to avoid that it must meet the criteria in KIBC 3.30.070. The Code does not have a provision a determination that are scarce or not expected to get any bids, nor does it allow for direct negotiated procurement where there are no bids. The only exception which might arguably apply is the emergency procurement under KIBC 3.30.070(B) where the Assembly finds that the circumstances jeopardize the public health if we take the time to go through the bid process. For example if the Assembly were to find that because of the circumstances we will not likely get any bids at this time and if we wait to obtain the truck until we can get responsive bids it will jeopardize the public health and safety. Whether they would make that finding or not I do not know. If it is a want, but not a critical need, the case may be harder to make, particularly for a vehicle which is not specialized to fire and rescue. Can we make a good case for a public safety and health risk if it takes another few months to get a replacement truck ? Have we tried advertising already and had no luck? Do you have time to advertise and encourage Kendall to submit it as a bid? If so that is preferred. Scott A Brandt-Erichsen Keene & Currall, P.P.C. Currall Office Building 540 Water Street, Suite 302 Ketchikan, Alaska 99901 Telephone: (907) 225-4131 Direct: (907) 228-0504 Facsimile: (907) 225-0540 Toll Free within Alaska 866-719-5687 Direct email: s.brandt-erichsen@keenecurrall.com This communication is confidential and intended to be protected by the attorney-client privilege and the attorney work product doctrine. The information transmitted is intended only for the use of the individual(s) named above. If you are not the intended recipient of the transmitted information, you are hereby notified that disclosing, copying, distributing, or taking action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, notify the sender and then delete the information. From: Dave Conrad <dconrad@kodiakak.us> AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 96 of 225 Sent: Monday, February 14, 2022 2:51 PM To: Scott Brandt-Erichsen <s.brandt-erichsen@keenecurrall.com> Cc: Roxanne Murphy <rmurphy@kodiakak.us> Subject: Vehicle Procurement Good afternoon Scott. The Bayside Fire Department has been wanting to purchase a pick up for the replacement of an older model that is near its end of service. As none of the dealers in Anchorage are taking orders for vehicles until the 2023 model year. Typically the KIB buys from the AKDOT Light Vehicle list however the state does not have that pre-bid option available for the same reason. The Bayside folks contacted three vendors in Anchorage. Kendal Ford of Anchorage has a F150 4x4 Super Crew Cab PU in route to Alaska and quoted a cost of $56,439.00. I have been told that the GM and Dodge dealers have stated they will not take any orders. In this case they have not advertised for the required time, the state pre-bid list is not available and they cannot obtain three specific bids. My question is can the assembly give permission in this case for a sole source procurement due to the circumstances created by the pandemic and the associated shipping and supply chain issues? If this can be justified we could have the assembly approve this procurement while this vehicle is still available? Your opinion please? Thank you. AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 97 of 225 Kodiak Island Borough Fire Protection Area No.1 Bayside Fire Station 4606 East RezanofDrive Kodiak,AK 99615 Lee Finlayson —Fire Chief (907)486-4536 -(616)401-6934 cell -(fax)(907)486-3025 Purchase of new Fire Chiefs vehicle We as a Fire Board have come to an agreement on the purchase of the Fire Chiefs new vehicle, we are requesting a solo source purchase agreement.The following issues have come to light in the process of purchasing said vehicle. Ford has offered an "X Plan”which gives us a discount.For this the dealer will need the last four digits of the Tax ID,Business name,and this will generate a PIN number.Also,Ford offers a First Responder Discount. In contacting the dealer in Anchorage,Ford is no longer taking orders and will not till the 2023 inventory is available.The dealer presently has a vehicle in transit that we can purchase for 56,439.(Without the discount). Attached is the break down of Emergency Lighting needed,this is just an estimate and will be less than the quote. Please contact me with all questions. Respectfully, Lee A.Finlayson Fire Chief,Bayside Fire and Rescue JG Safe Kids .u...:..”VoIunteers Serving the Community” AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 98 of 225 2/11/22,9:15 AM Gmail -Fwd:F-150 XLT M Lee Finlayson <leefinIayson7006@gmail.com> Fwd:F-150 XLT 3 messages Craig Walton <acwalton61@gmail.com>Thu,Feb 10,2022 at 12:21 PM To:|eefin|ayson7006@gmail.com,|finlayson@kodiak.ak.us just got this back from my contact in Anchorage. Craig ----------Fonivarded message --------- From:Ray Marcum <raymarcum@kendallauto.com> Date:Thu,Feb 10,2022 at 12:16 PM Subject:RE:F-150 XLT To:Craig Walton <acwalton61@gmail.com> Craig, I just found this truck coming in transit and it's probably a couple weeks out.Let me know if this could work. We are getting multiple calls a day for trucks that we don't have.I've sold four vehicles this morning just like This one coming in transit.it wont be there long so let me know. From:Craig Walton <acwalton61@gmail.com> Sent:Thursday,February 10,2022 12:05 PM To:Ray Marcum <raymarcum@kendaIlauto.com> Subject:Re:F-150 XLT You had warned me of that.Ok we willcontinue on differently. Thank you Craig On Thu,Feb 10,2022 at 12:01 PM Ray Marcum <raymarcum@kenda||auto.com>wrote: Hello Craig, l’m sorry to say the order bank is shut down for any new orders.Due to the chip shortage Ford has cutoff any new orders And will not con?rm that all the orders sent in will be built.This year will be very hard to ?nd trucks of any size.The 2023 Models willprobably be out around August.Craig I wish i had something positive to say. https://maiI.google.com/maii/u/0/?il<=ce9de80434&view=pt&search=a||&permthid=thread-f%3A1724412701423341933&simp|=msg-f%3A1724412701...1/2 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 99 of 225 2/11/22,9:15 AM Gmail -Fwd:F-150 XLT From:Craig Walton <acwa|ton61@gmail.com> Sent:Thursday,February 10,2022 11:31 AM To:Ray Marcum <raymarcum@kendal|auto.com> Subject:F-150 XLT Good morning Ray, This is Craig Walton and i am a board member of the Kodiak Island Borough Service District 1 Fire Protection Area.I have talked with you about getting a truck off the State site.The following is what we are looking for.Not sure if there is anything available or if we are still able to order one. What we are looking for is an F-150 XLT crew cab with 6 1/2‘bed. Hopefully attachment goes through. would also like a total of4 keys and another complete set of rims.Let me know if you have any questions Thank you Craig Walton 907-539-2200 -.KODIAK 2022 F150 CREW.pdf ’433K Lee Finlayson <|ee?nlayson7006@gmail.com>Thu,Feb 10,2022 at 12:45 PM To:Craig Walton <acwalton61@gmail.com> Well that settles that we should move forward as long as we all agree...let's do it [Quoted text hidden] Lee Finlayson <|eefinlayson7006@gmai|.com>Thu,Feb 10,2022 at 1:50 PM To:Craig Walton <acwa|ton61@gmai|.com> I'm working to get it on the agenda for the Brough Assembly meeting for the 3rd of March to get it approved.It's beyond the monetary scope of what the Manager can outright approve. Sent from my iPhone On Feb 10,2022,at 12:45 PM,Lee Finlayson <leefinlayson7006@gmail.com>wrote: [Quoted text hidden] https://maiI.google.com/maiI/u/0/?ik=ce9de80434&view=pt&search=a||&permthid=thread-f%3A1724412701423341 933&simp|=msg—f%3A1724412701 2/2 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 100 of 225 KODIAKISLAND BOROUGH 2_10_2022 PRICE $56,439 FOB ANCHORAGE 2022 F-150 4x4 SuperCrew Cab 5.5‘box 145"WB XLT (W1 E) Price Level:225 Client Proposal Prepared by: Ray Marcum Office:907-793-8213 Date:02/10/2022 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 101 of 225 Prepared by:Ray Marcum 02/10/2022 Kendall Ford i431 Unga street Anchoreage AK I 99501 2022 F-150 4x4 SuperCrew Cab 5.5‘box 145"WB XLT (W1 E) Price Level:225 As Configured Vehicle Code Description Base Vehicle W1E Base Vehicle Price (W1 E) Packages 302A Equipment Group 302A High Includes: -Transmission:Electronic 10-SpeeclAutomatic includes selectable drive modes:normal,ECO,sport,tow/haul,slippery, deep snow/sand and mud/rut. -8"Productivity Screen in instrument Cluster —SYNC 4 w/Enhanced Voice Recognition Includes 12"LCD capacitive touchscreen with swipe capability, information on demand panel,wireless phone connection,cloud connected,AppLink with App catalog,911 Assist,Apple CarPlay and Android Auto compatibility,digital owners manual,conversational voice command recognition and connected navigation.Note:Navigation services require SYNC 4 and FordPass Connect (optional on select vehicles),complimentary connect service and the FordPass app (see FordF‘ass Terms for details).Customer receives a complimentary 90-day trial of navigation services when an eligible vehicle is added to a members FordPass account.Trial period begins on the new vehicle warranty start date.At the end of the complimentary period,navigation service will terminate.Connected service and features depend on compatible AT&T network availability.Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features,FordPass App,Compatible with select srnartphone platforms,is available via a download.Message and data rates may apl’M -Radio:AM/FM SiriusXM w/360L Includes 7 speakers and a three (3)-month prepaid subscription.Service is not available in Alaska and Hawaii Trial length and service availability may vary by model,model year or trim.Details:SiriusXM audio and data services each require a subscription sold separately,or as a package,by Sinus XMRadio Inc.Your SiriusXM service willautomatically stop at the end of your trial unless you decide to subscribe.lf you decide to continue service after your trial,the subscription plan you choose will automatically renew thereafter and you willbe charged according to your chosen payment method at then-current rates.Fees and taxes apply.To cancel you must call SiriusXM at 1-866-635-2349.See SiriusXM Customer Agreement for complete terms at www.siriusxrn,com.All fees and programming subject to change.Not all vehicles or devices are capable of receiving all services offered by SiriusXM.Current information and features may not be available in all locations,or on all receivers.Satellite and streaming lineups vary slightly.2020 Sirius XM Radio Inc.Sirius,XM, SiriusXM and all related marks and logos are trademarks of Sirius XM Radio Inc. -Class lV Trailer Hitch Receiver Includes towing capability up to TBD lbs.on 3.3L V6 PFDI engine (9398) and 2.7l_EcoBoost engine (99P)or up to TBD lbs.on 3.5L EcoBoost engine (998)and 5.0L V8 engine (995),7/11-pinconnector,class IV trailer hitch receiver,smart trailer tow connector (Includes BLIS w/trailer tow coverage where BLIS is available). -Dual Zone Automatic Temperature Control -Leather-Wrapped Steering Wheel -Rear Under-Seat Storage -10-Way Power Driver &Passenger Seats Multi-adjustable power front passenger seat. —Heated Front Seats -IntelligentAccess w/Push Button Start Includes approach detection, -Securicode Drivers Side Keyless-Entry Keypad AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 102 of 225 Prepared by:Ray Marcum 02/10/2022 Kendall Ford I431 Unga street Anchoreage AK I 99501 2022 F-150 4x4 SuperCrew Cab 5.5’box 145"WB XLT (W1 E) Price Level:225 As Configured Vehicle (cont'd) Code Powertrain 99P 44G XL9 NONGV1 Wheels &Tires T88 64X Seats &Seat Trim Other Options 145WB 582 Description -Power Glass Heated Sideview Mirrors Includes manual folding,turn signal and black skull caps. -Auto~Dimm/‘ng Rearview Mirror -LED Sldeview Mirror Spotlights Includes lvigh-intensity LED security approach lamps. -Onboard 400W Outlet Includes 2nd outlet in the console. -Remote Stan‘System w/Remote Tailgate Release —LED Re?ector Headlamps Includes LED fog lamps with LED cornering lamp in fog lamps. —LED Box Lighting w/Zone Lighting Engine:2.7L V6 EcoBoost Includes: —GVWR:6,600 lbs Payload Package Transmission:Electronic 10-Speed Automatic Includes selectable drive modes:normal,ECO,sport,tow/haul,slippery, deep snow/sand and mud/rut. Electronic Locking w/3.55 Axle Ratio GVWR:6,600 lbs Payload Package Tires:275/65R18 BSW A/T Wheels:18"6—SpokeMachined Aluminum Includes gloss black painted pockets. Unique Sport Cloth 40IConso|e/40 Front-Seats Includes power dn'i/er/manual passenger lumbar,flow-through console with floor shift and two (2)USB charge only parts. 145"Wheelbase Radio:AM/FM SiriusXM w/360L AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 103 of 225 Prepared by:Ray Marcum 02/10/2022 Kendall Ford 1431 Unga street Anchoreage AK |99501 2022 F-150 4x4 SuperCrew Cab 5.5’box 145"WB XLT (W1 E) Price Level:225 As Configured Vehicle (cont'd) Code Description Includes 7 speakers and a three (3)—monthprepaid subscription.Service is not available in Alaska and Hawaii Trial length and service availability may vary by model,model year or trim.Details.‘SiriusXM audio and data services each require a subscription sold separately,or as a package,by Sirius XM Radio Inc.Your SiriusXM service will automatically stop at the end of your trial unless you decide to subscribe.if you decide to continue service after your trial,the subscription plan you choose will automatically renew thereafter and you willbe charged according to your chosen payment method at then-current rates.Fees and taxes apply.To cancel you must call SiriusXM at 1-866-635-2349.See SiriusXM Customer Agreement for complete terms at www.slriusxm.com.All fees and programming subject to change.Not all vehicles or devices are capable of receiving all services offered by SiriusXM.Current information and features may not be available in all locations,or on all receivers.Satellite and streaming lineups vary slightly.2020 Sirius XM Radio Inc.Sirius,XM, SiriusXM and all related marks and logos are trademarks of Sirius XM Radio Inc. 68L Bed UtilityPackage Includes: -LED Box Lighting —LED Box Lighting w/Zone Lighting —BoxLink Includes 4 premium locking cleats. -Tailgate Step w/Tailgate Work Surface 862 XLT Sport Appearance Package includes body-color wheellip moldings and unique interior ?nish. Includes: —Wheels:18"6-Spoke Machined Aluminum Includes gloss black painted pockets. »Tires:275/65R18 BSW A/T -Accent-Color Step Bars -Body-Color Door &Tailgate Handles includes body-color bezel on side doors and black on tailgate. —Body-Color Front &Rear Bumpers lnciudes body-color front fascia. »Box Side Decals -Chrome Single Tip Exhaust -Black 2-Bar Style Grille w/B/ack Surround/Accents -Unique Sport Cloth 40/Console/40 Front-Seats Includes power driver/manual passenger lumbar,flow-through console with floor shift and two (2)USB charge only ports. 53B Class IV Trailer Hitch Receiver Ordering the Trailer Tow Package does not include Integrated Brake Controller (67T).Integrated Brake Controller (67T)is a standalone option and must be ordered separately. Includes towing capability up to TBD lbs.on 3.3L V6 PFDI engine (993) and 2,7L EcoBoost engine (99P)or up to TBD lbs.on 3.5L EcoBoost engine (998)and 5.0L V8 engine (995),7/4~pin connector,class IV trailer hitch receiver,smart trailer tow connector (includes BLIS W/trailertow coverage where BLIS is available). 52X Auto Start-Stop Removal 655 Extended Range 36 Gallon Fuel Tank AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 104 of 225 Prepared by:Ray Marcum 02/10/2022 Kendall Ford l 431 Unga street Anchoreage AK 199501 2022 F-150 4x4 Supercrew Cab 5.5‘box 145"WB XLT (W1 E) Price Level:225 As Configured Vehicle (cont'd) Code Description 54R Power Glass Heated Sideview Mirrors Includes manual folding,turn signal and black skull caps. Includes: -Auto-Dimming Rearview Mirror 59S LED Sideview Mirror Spotlights Includes high-intensity LED security approach lamps. 59R_Remote Start System wlRemote Tailgate Release 61K Securicode Drivers Side Keyless-Entry Keypad PAINT Monotone Paint Application 471 Onboard 400W Outlet Includes 2nd outlet in the console. 153 Front License Plate Bracket Standard in states requiring 2 license plates,optional to all others. 55B BoxLink Includes 4 premium locking cleats. Fleet Options WARANT Fleet Customer Powertrain Limited Warranty Requires valid FIN code. Ford is increasing the 5-year 60,000-mile limited powertraln warranty to 5~ years,100,000 miles.Only Fleet purchasers with a valid Fleet Identification Number (FIN code)will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code,the warranty extension will automatically be added to the vehicle.The extension will stay with the vehicle even iflt is subsequently sold to a non-?eet customer before the expiration.This extension applies to both gas and diesel powertrains.Dealers can checlr for the warranty extension on eligible /leet vehicles in OASIS.Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty.This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle. Exterior Color D4_01 Rapid Red Metallic Tinted Clearcoat AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 105 of 225 all the trucks RAM GMC Ford 1/2ton 1/2ton 1/2ton MSRP 52,696 50,870 48,595 RAM GMC Ford %ton %ton 3/4ton MSRP 54,010 50,790 50,825 THIS IS THE BASIC TRUCK WITHOUTTHE ADDITIONAL COST Ali of the extras listed on the pricing by make have to be added to the above. That is $18,088.00 in additional cost for any of the above units. AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 106 of 225 Replacement for Bayside Fire Department Pickup Truck RAM Model YEAR GVW Base Price (crew cab,4 wheel drive,6 foot box) Gas Engine 6.4 liter V8 Automatic Transmission Wheel well liners Bed Liner Exterior Mirrors Floor mats Traction Lock rear axle 18 inch steel wheels (Upgrade tires) Running Board front to back wheel IFralleHewing-Paekage Trailer brake controller Baeleueeamera Back up alarm Clearance lamps Bed Light Spare tire &wheel Alternator 220 Amp Tow Hooks Level 2 Equipment Group (bench seats,exterior mirrors) Safety Group (auxiliary switches on instrument panel 110 volt front power outlet) Snow Chief Group Estimated MSRP 6 foot box 2500 (%ton)3500 (%ton) Tradesman Tradesman 2022 2022 10,000 pounds 11,000 pounds 45,395 46.830 standard standard standard standard 195 195 600 600 Safety Group standard 125 150 Show Chief Group Show Chief Group standard Show Chief Group Show Chief Group 495 745 295 295 145 145 Show Chief Group Show Chief Group 165 165 295 295 Snow Chief Group Show Chief group 146 standard 1,045 1,145 2,890 2.890 Snow Chief Group Snow Chief group 905 555 52.696 54.010 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 107 of 225 GM Replacement for Bayside Fire Department Pickup Truck GM 2500 (1/2ton)3500 (%ton) Model SIERRA PRO SIERRA YEAR 2022 2022 GVWR 10,459 pounds 11,350 pounds Base Price 46,095 47,295 (crew cab.4 wheel drive,6 1/2foot box) Gas Engine 6.6 liter V8 standard standard Automatic Transmission standard standard Wheel well liners Bed Liner 545 545 Exterior Mirrors Snow Plow Package Floor mats 200 Traction Lock rear axle included included 18inch steel wheels 300 included (Upgrade tires)200 V not indicated Black Work Steps 795 475 Splash Guards '240 Trailer Towing Package included Trailer brake controller 275 275 Back up camera included not indicated Back up alarm Convenience Package 1,310 1,310 Clearance lamps Bed Light 155 155 Cold Weather Steering hose 195 195 Spare tire &wheel 500 not indicated Alternator 220 Amp Snow Plow Package Snow Plow Package Tow Hooks included included Level 2 Equipment Group (bench seats,exterior mirrors) Safety Group Snow Plow Package 300 300 Estimated MSRP 50,870 50,790 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 108 of 225 FORD Replacement for Bayside Fire Department Pickup Truck 2500 (1/2ton) FX—250XL 2022 9,900 pound FORD Model YEAR GVWR Base Price 44.580 (crew cab,4 wheel drive.6 %foot box) Gas Engine 6.62liter V8 standard Automatic Transmission standard Wheel well liners 325 Bed liner spray in 595 Towing Mirror package 1.125 Floor mats Traction Lock rear axle standard 17 inch steel wheels standard (Upgrade tires)445 Running boards 445 Splash Guards 260 T-railer—‘Fewing—Pael<age Trailer brake controller 270 % Back up alarm 150 Clearance lamps 95 Bed Light Cold Weather Steering hose Spare tire &wheel none listed Alternator 200 Amp Snow Plow Pkg Tow Hooks included Level 2 Equipment Group (bench seats.exterior mirrors) Safety Group Snow Plow Package 305 3500 (%ton) FX-350 XL 2022 10,000 pound none listed 46,410 325 595 1.125 455 18 in 445 445 260 270 150 95 Snow Plow Pkg included 250 Estimated MSRP 48,595 50,825 AGENDA ITEM #13.A.5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area ...Page 109 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-20 Identifying Federal Program Priorities ORIGINATOR: Grant Writer/Special Projects Support, Meagan Christiansen RECOMMENDATION: Move to approve Resolution No. FY2022-20 Identifying Federal Program Priorities. Staff Report - Grant Writer/Special Projects Support, Meagan Christiansen Assembly Discussion Roll Call Vote DISCUSSION: This is an annual resolution identifying federal program and capital project priorities. The resolution is shared with the Borough's federal representatives and lobbyist to advocate for programs and projects important to our community. ALTERNATIVES: Take no action FISCAL IMPACT: Not known at this time. OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 110 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 1 of 6 Introduced by: Borough Manager’s Office thru the Mayor 1 Drafted by: Special Projects Support 2 Introduced on: 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-20 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING 9 FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROG RAM FOR 10 FEDERAL FISCAL YEAR 2022 & 2023 11 12 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak Island 13 Borough on which Federal programs and projects should be considered priorities, in no particular 14 order, for rural Alaskan communities and their residents. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH that: 18 19 the Kodiak Island Borough’s views and recommendations on priority Federal programs and 20 projects are as follows: 21 22 1. FY 2023 Community Project/Congressionally Directed Spending Requests: 23 The Borough submits the following FY 2023 community project/Congressionally directed 24 spending requests, consistent with guidance issued by the House and Senate 25 Appropriations Committees. These requests do not include all of our capital projects but 26 have been selected where there is consistency with relevant appropriations 27 accounts/programs that allow for directed project funding under the Committees’ rules. 28 29 • M/V Tustumena Replacement: Ferry service is critical to our island communities. 30 The State has placed replacement of the aged Tustumena on the STIP and we await 31 development of a design by DOT/PF. We were pleased to learn that the Infrastructure 32 Investment & Jobs Act included $342 million to the Federal Dept. of Transportation for 33 its ferry program. Should additional Federal funds be needed for the new ferry and 34 are requested by the State, we urge the Delegation to support the request. We also 35 urge the Delegation to closely monitor the Dept. of Transportation’s implementation of 36 the new $200 million annual ferry operating subsidy program to see that AMHS 37 receives its fair share and appropriately dedicates the funding to improving service to 38 Kodiak. 39 40 • Safe Pathways to North Star Elementary School: North Star Elementary School is 41 located on a hill in an area and that is accessed through largely narrow dirt roads 42 without sidewalks. Children walking to school as well as other pedestrians are at 43 safety risk from vehicular traffic. The Kodiak Safe Routes To School Plan, completed 44 in 2013, identified the need and importance of creating pedestrian pathways or trails 45 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 111 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 2 of 6 to link residential neighborhoods to the school. This project would provide such 46 pathways along Anton Drive and Lily Way to the school. We are requesting $1.5 47 million for the project. 48 49 • City of Port Lions Water & Sewer Distribution Project: The current water and 50 distribution system in Port Lions is over 25 years old. In addition to showing signs of 51 its age, the system was not properly installed in the first place. It has been in need 52 continual maintenance and repair since its beginning, necessitating frequent 53 emergency repairs that often exceed the City’s sewer and water operating budget. 54 Replacement of the failing system would cost $2.5 million, the amount the Borough 55 requests in funding. 56 57 • City of Larsen Bay Water Distribution Line: The City’s water distribution system is 58 aged and has many leaks, resulting in an estimated loss of 40,000 gallons of water a 59 day. The water plant operates 24/7 as result and in the summer has difficulty keeping 60 up with the community’s water usage despite all of the identifiable leaks having been 61 repaired. Rather than continuing to wastewater and resources operating and repairing 62 the system, the best solution is the replacement of the water distribution line at a cost 63 of $1.7 million, the amount the Borough requests in funds for FY 2023. 64 65 • Anton Larsen Bay Road Extension Project: The Kodiak Island Borough has 66 submitted this project as a Federal request to the Delegation the last few years and 67 resubmits it for FY 2023. An extension of the Anton Larsen Bay Road to ice free 68 waters will provide year around access to those communities located in the Kupreanof 69 Strait as well as those who use the island’s west side for commercial and recreational 70 purposes. Extending the road to ice free waters makes traveling safer, providing 71 access to critical services located in the City of Kodiak, including hospitals and 72 businesses. Both the Ouzinkie Native Corporation through its subsidiary, the Spruce 73 Island Development Corporation, and the Sun’aq Tribe of Kodiak have agreed to 74 partner on the project. Its total project cost is $10.45 million, of which we are 75 requesting $10 million. 76 77 2. COVID-19 Relief Funding – State, Local & Tribal Government (SALT) Assistance: 78 The various COVID relief bills enacted in 2020 and 2021 have been very helpful to the 79 Borough in order to maintain operations during the pandemic through direct assistance 80 provided under the CARES Act and the American Rescue Plan Act. We support the 81 additional funding flexibility in the use of these monies as well as extension of spending 82 deadlines as called for by NACO and other organizations representing local governments. 83 The direct relief provided to our schools helped with virtual learning and other COVID 84 protection measures for our students. We worked with the City to set up the Kodiak 85 Economic Development Corporation that used COVID relief funds to support our small 86 businesses and non-profits who had difficulty accessing Payroll Protection Program 87 funding. Should the pandemic’s impact extend further into 2022, we urge the Delegation 88 to support either additional relief funding or the reprogramming of previous funds that have 89 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 112 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 3 of 6 gone unused that would support local government efforts to combat COVID’s unfortunate 90 health and economic effects on our communities. 91 92 3. Broadband Service To Rural Areas: Establishing or improving broadband service to the 93 Borough’s rural island communities continues to be a high Federal priority for us. We 94 have been following with great interest GCI’s fiber optic cable project to bring high speed 95 internet service to Kodiak and through much of the Aleutian Island chain. “Middle” and 96 “last” mile investments are of particular interest to our villages so they can access higher 97 speed broadband. We welcome the funding for NTIA’s Tribal Broadband Program as well 98 as USDA’s Telecommunications Infrastructure Loan Program & Community Connect 99 Grant Program, with the recently enacted Infrastructure Investment and Jobs Act doubling 100 funding for the NTIA Program in FY 2022 as well as creating the new State Broadband 101 Grants Program. We look forward to seeing how this funding is deployed through Alaska’s 102 rural communities. Should the Borough in cooperation with a local internet service 103 provider pursue funding at a later date with USDA’s or NTIA’s programs, we would request 104 Delegation support for our application. 105 106 4. Groundfish Surveys: The Kodiak Island Borough continues to be concerned about the 107 possibility of reduced groundfish trawl surveys in the Gulf of Alaska, a concern further 108 exacerbated by the effects of the pandemic on fisheries survey work over the last two 109 years. Groundfish are critical to Kodiak fisheries, accounting for 60 percent of all our 110 landings. Survey data on groundfish species abundance is used to set fishing quotas. 111 Inadequate data creates the possibility of reduced quotas as fisheries managers seek to 112 control fishing effort on a precautionary basis. We appreciate the Alaska Congressional 113 Delegation’s support to maintain this coverage on recent years and for favorably 114 considering the Borough’s prior year requests. The FY 2021 Omnibus Appropriations Bill 115 included a directive to NMFS to contract for no less than six Alaska bottom trawl groundfish 116 surveys, with one survey to capture fish movements out of historical survey areas to 117 account for climate change-related migration. The pending Senate FY 2022 Commerce-118 Justice-Science Appropriations Bill carries forward the same requirements for this year. 119 The Borough requests that this directive and number of surveys be included in the final 120 FY 2022 Appropriations Bill and carried forward in the FY 2023 appropriations process. 121 122 5. Fisheries Disaster Relief: The Borough thanks the Delegation for its support for fisheries 123 disaster relief through two rounds of funding in COVID relief legislation as well as for the 124 2018 Pacific Cod disaster. We remain concerned over the time and the many steps it 125 takes for relief to be distributed. The Senate has passed fisheries disaster relief reform 126 legislation -- S. 2923, the Fishery Resource Disasters Improvement Act -- that would bring 127 some greater transparency and deadlines to the steps in the disaster relief determination, 128 funding, expenditure plan development and relief distribution process. The bill also 129 includes provisions that qualify local government loss of raw fish tax revenues as eligible 130 for reimbursement from future Federal fisheries disaster relief funding. We urge its 131 enactment as well as support for any future Federal relief funding should Kodiak’s 132 fishermen, processors and other businesses be negatively impacted by a fisheries 133 disaster. 134 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 113 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 4 of 6 135 6. North Pacific Observer Program: Observers are an important part of managing the 136 halibut and groundfish fisheries in the Gulf of Alaska. Kodiak benefits from a well-run and 137 adequately funded observer program through expanded economic opportunities for its 138 groundfish and halibut fleet and processing sector. Gulf of Alaska fishery participants pay 139 into the North Pacific Observer Fund to cover the costs of “partial coverage” for Gulf fishing 140 sectors but there has been a shortfall in funding to cover observer costs in recent years. 141 The Borough in past years has requested a $2 million supplement to the program along 142 with language pressing NMFS to make modifications to the program to reduce its burden 143 on smaller vessel operators in the fixed gear fleet. For FY 2021, Congress provided an 144 additional $1 million to supplement program funding. The pending Senate FY 2022 145 Commerce-Justice-Science Appropriations Bill includes another supplement of $1 million 146 above the FY 2021 level with direction that the funds “offset observer costs normally paid 147 for by harvesters in fisheries that are under-taking a transition to EM/ER” (sic electronic 148 monitoring and reporting). The Borough supports rolling forward this legislative language 149 as well as $2 million in supplemental funding for the program in the FY 2023 appropriations 150 bill. 151 152 7. U.S. Coast Guard Base -- Kodiak: Continued infrastructure development at the USCG 153 Base in Kodiak along with Coast Guard vessel homeporting expansion plans remain a 154 high priority for the Kodiak Island Borough. We were very pleased to learn that as part of 155 the Bipartisan Infrastructure Law, Congress provided the Coast Guard with an additional 156 $429 million for infrastructure improvements. Of that amount, $170 million is designated 157 for our base, with $40 million to go to Phase IV base housing and $130 million for Phase 158 I recapitalization of the fuel services pier to accommodate the Coast Guard’s new vessels. 159 These investments combined with other previously funded infrastructure, housing and 160 environmental remediation projects will result in substantial upgrades to the base’s 161 capabilities and readiness. In addition to the Offshore Patrol Cutter and two Fast 162 Response Cutters, we are thankful for the Delegation’s advocacy with the Coast Guard 163 for Kodiak to be a possible homeport for one of the six new Polar Security Cutters (PSCs). 164 In the interim, should the Coast Guard execute leases for foreign ice breakers while the 165 PSCs are under construction, we would encourage Kodiak be considered as a homeport, 166 even if temporary. Furthermore, we are supportive of S. 3272 – the Arctic Focus Act – 167 introduced by Senator Sullivan that includes language requiring the homeporting on one 168 PSC in Alaska by 2030. Overall, we appreciate the Delegation’s support for the Base as 169 a homeport for the new vessel classes and urge continued advocacy as future Coast 170 Guard decisions are made. 171 172 8. Payment-In-Lieu-of-Taxes (PILT): PILT is a very important revenue source to the 173 Borough, given that there are over 2.8 million acres removed by the Federal G overnment 174 from local taxation within our boundaries. This is land that would otherwise be available 175 to the private sector to develop, creating jobs for the residents of Kodiak and the rural 176 Kodiak Island communities. PILT funds supplement Borough resources to provide basic 177 social services, including medical facilities, emergency fire and rescue services, roads, 178 and schools to our island communities. We understand that the pending FY 2022 Senate 179 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 114 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 5 of 6 and House Interior Appropriations Bills include full funding for PILT. We thank the 180 Delegation for its long-standing support for PILT and urge continued support for full 181 funding in the FY 2023 appropriations process. 182 183 9. National Wildlife Refuge Fund (“Refuge Revenue Sharing”): While not as significant 184 as PILT, the National Wildlife Refuge Fund is a critical source of replacement revenue to 185 communities like ours that have the presence of a large Federal wildlife refuge within their 186 boundaries. Both the Trump and Obama Administrations sought to zero out its funding. 187 The Biden Administration in its FY 2022 budget request also sought to terminate 188 appropriations for the program. Fortunately, the pending FY 2022 Senate and House 189 Interior Appropriations Bills include level funding for the program. The Kodiak Island 190 Borough opposes the termination of appropriations for this important program. The 191 Borough thanks the Delegation for its on-going support, and seeks continued level funding 192 in FY 2023. 193 194 10. Essential Air Service (EAS): The Borough’s communities are highly reliant on the EAS 195 program, its support to air carriers and its requirements for island community service. We 196 are appreciative of the additional relief funding Congress provided to EAS during the 197 pandemic to make up for reduced passenger air travel on the island. Without this relief 198 funding along with regular annual funding for the program, the Borough would lose or have 199 vastly reduced air service to our island communities. The pending FY 2022 Seante and 200 House Transportation, and Housing and Urban Development, and Related Agencies 201 Appropriations Bills fully fund EAS. We support continued funding for EAS in FY 2023 202 along with any supplemental funding should it be needed due to further pandemic impacts 203 on EAS carriers. 204 205 11. U.S. Navy Arctic Presence: The Borough appreciates the Delegation’s sustained effort 206 at urging and directing the Department of Defense (including the Navy) to further examine 207 the Arctic’s strategic interest to the U.S. This includes follow up by the Navy after its 208 release last year of its report – A Blue Arctic. We understand that changes in U.S. strategic 209 posture and investment in the Arctic is a long-term issue and will require further analysis 210 and study before decisions can be made about a more sustained or permanent Navy 211 presence in the region. A positive step this past year was DoD’s selection of a Senior 212 Advisor for Arctic Security Affairs as well as the establishment of the Ted Stevens Center 213 for Arctic Security Studies in Alaska. We also saw the issuance of the 2021 National 214 Intelligence Estimate, with its finding that military activities in the Arctic by other countries, 215 including non-Arctic nations such as China, are likely to increase. As has been included 216 in our past Resolutions, selection of Kodiak as a potential Navy base or staging area as 217 the U.S. expands its security presence in the Arctic is a long-term goal for the Borough. 218 There is adequate land at our Coast Guard Base as well as a deep-water port at Womens 219 Bay that could support the Navy’s presence. The Borough seeks to continue to keep 220 Kodiak “front and center” with the Delegation and Department of Defense as Arctic plans 221 develop. 222 223 224 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 115 of 225 Kodiak Island Borough, Alaska Resolution No. FY2020-20 Page 6 of 6 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 225 the Kodiak Island Borough administration is hereby instructed to advise Congress and the 226 appropriate agencies of the United States Federal Government of the Capital Improvement 227 Program and other Federal program priorities adopted by the Kodiak Island Borough Assembly. 228 229 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 230 THIS __________ DAY OF _______________, 2022. 231 232 KODIAK ISLAND BOROUGH 233 234 ATTEST: 235 ___________________________ 236 William Roberts, Mayor ___________________________ 237 Alise L Rice, Borough Clerk 238 239 VOTES: 240 Ayes: 241 Noes: 242 243 244 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 116 of 225 \DDO\lO\UI-l>laJI\)t—- Introduced by: Borough Manager's Of?ce Thru The Mayor Drafted by: Borough Manager Introduced on:01/21/2021 Adopted on:01/21/2021 KODIAK ISLAND BOROUGH RESOLUTIONNO. FY2021-28 A RESOLUTION OF THE ASSEMBLY OF THE KODIAKISLAND BOROUGH IDENTIFYING FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROGRAM FOR FEDERAL FISCAL YEAR 2021 &2022. WHEREAS,the Alaska Congressional Delegation has requested the views of the KodiakIsland Borough on which federal programs and projects should be considered priorities,in no particular order.for ruralAlaskan communities and their residents.;and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: the Kodiak Island Borough's views and recommendations on priority Federal programs and projects are as follows: 1.COVID-19 Relief Funding —State,Local &Tribal Government (SALT)Assistance: The $908 billion in additional COVID-19 relief recently enacted included favorable funding for small businesses,vaccine distribution, individuals,the unemployed the ?shing industry and other affected groups. Unfortunately,itdid not provide additional SALT relief included in earlier drafts of the legislation such as the bi-partisan Senate-House working group's proposed $160 billion in funding.Previously,the Borough was able to make productive use of the SALT relief contained in the CARES Act.partnering with the City to establish a program for assistance to Kodiak’s smallbusinesses and non-pro?ts,many of whom failed to qualify for Paycheck Protection Program funding orwhose PPP awards fell short oftheir ?nancial needs.The new Administration is expected to submit legislation that willinclude a substantial amount of SALT relief.Additional funds would support continuation of the Borough/City small business/non-pro?t relief program;?ll shortfalls in the Borough's 2020 and anticipated in 2021. This includes losses as a result in the decline in tourismthis past year.AdditionalSALT relief wouldassist the Borough ineducation costs incurredbythepandemic that may not be covered by the education-speci?c funding in the $908billionpackage, including school bonding expenses and other school operational andprogram expenses.We urge the Delegation to support SALT relief as part of the nextCOVID-19 legislative package and to provide maximum ?exibility on how those fundsmightbe used. Kodia k I s l a n d Borough , AlaskaResolutionNo.FY2021-28 Page1 AGENDA ITEM #13.B.1.Resolution No. FY2022-20 Identifying Federal Program PrioritiesPage 117 of 225 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 808182838485868788 Kodiakisland Borough,Alaska 2.Ground?sh Surveys: The Kodiak Island Borough continues to remain concerned about the possibility of reduced ground?sh trawl surveys in the Gulf of Alaska. We appreciate the Alaska Congressional Delegation’s support to maintain this coverage these past two years and for favorably considering the Borough's prior year requests.Ground?sh are very important to Kodiak ?sheries,representing 60 percent of all our landings.These surveys provide data on ground?sh species abundance which is then used to set ?shing quotas. inadequate data creates the possibility of reduced quotas as ?sheries managers seek to control ?shing effort on a precautionary basis.The Commerce,Justice,Science Appropriations Title,which funds the National Marine Fisheries Service (NMFS),of the FY 2021 Omnibus Appropriations Billincludes a directive to NMFS to contract for no less than six Alaska bottom trawl ground?sh surveys,with one survey to capture ?sh movements out of historical survey areas to account for climate change-related migration. The Borough request that this directive and number of surveys be carried forward in the FY 2022 appropriations billfor NMFS. .Gulf of Alaska Paci?c Cod Fisheries Disaster:After a long and delayed process, funds for the Gulf Paci?c cod in 2018 are nearing readiness for distribution to eligible ?shermen and processors. Applications will be provided and processed by the Paci?c States Marine Fisheries Commission once the State's ?nal expenditure plan has been approved.Paci?c Cod remains a very important ?shery for Kodiak ?shermen and processors.We appreciate the Delegation’s support for the relief during various stages of the decision- making and funding process and ask for continued monitoringto ensure its full and timely distribution. .North Paci?c Observer Program: Observers are an important part of managing the halibut and ground?sh ?sheries in the Gulfof Alaska. Kodiak bene?ts from a well-runand adequately funded observer program through expanded economic opportunities for its ground?sh and halibut ?eet and processing sector.Gulfof Alaska ?shery participants pay intothe NorthPaci?c Observer Fund to cover the costs of"partial coverage”forGulf?shing sectors but there has been a shortfall in funding to cover observer costs in recent years. Last year Congress provided $1 million to supplement the partial coverage program. For FY 2021, the Omnibus Appropriations Billincludes report language withadditional funding to the program to be used to offset observer costs normally paid for by harvesters in ?sheries that are undertaking a transition to electronic monitoring and reporting.The supports incorporating these provisions as well as $2 millionin supplemental funding,consistent with the amount we requested last year, for the program in the FY 2022appropriationsbill..Homeporting U.S. Coast Guard Vessels and Kodiak Base InfrastructureImprovements:Continued infrastructure development at the USCG Base in Kodiak alongwithCoast Guard vessel homeporting expansion plans remain a high priority for theKodiakIsland Borough.We welcome the investments the Coast Guard has sought,andCongressfundedwithstrongDelegationsupporttopursueenvironmentalremediation,Resolution No.FY2021-28Page 2 AGENDA ITEM #13.B.1.Resolution No. FY2022-20 Identifying Federal Program PrioritiesPage 118 of 225 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 125126127128129130131132 KodiakIsland Borough,Alaska housing and shoreside infrastructure projects to ready the Base for the new class of vessels being built.This includes infrastructure funding for the homeporting of two new Fast Response Cutters and an Offshore Patrol Cutter at Kodiak. Withthe enactment of the FY 2021 Omnibus Appropriations Bill,the construction of the ?rst two Polar Security Cutters (PSC)has been funded,withthe ?rst PSC expected to be completed in 2024.The FY 2021 National Defense Authorization Act (NDAA)authorizes a total of six PSCs.with current Coast Guard plans to purchase three heavy class breakers and three medium class breakers.After the Russians entered the U.S.EEZ this summer during one of their war exercises and threatened U.S. ?shing vessels,we have heard that the Coast Guard is considering leasing two ice breakers for North Paci?c deployment untilthe PSCs come online so we can have a stronger presence to protect against future Russian incursions. We encourage the Delegation to support at least temporarily homeporting those vessels in Kodiak if the Coast Guard moves forward withthe leases.Overall, we appreciate the DeIegation's support for the Base as a future homeport for the new vessel classes and urge continued advocacy as future Coast Guard decisions are made. .Payment-In-Lieu-of-Taxes (PILT):The Borough submitted FY 2021 Federal requests withthe Alaska Congressional Delegation last this year for continued funding of PILT as we have done in years past and seek to do so again for FY 2022. We appreciate that the program was fully funded in the FY 2021 Omnibus Appropriations Bill.This is a very important revenue source to the Borough, given that there are over 2.8 millionacres removed by the Federal Government from taxation within our boundaries. This is land that would otherwise be available to the private sector to develop, creating jobs for the residents of Kodiak and the rural Kodiak Island communities.PILT funds supplement Borough resources to provide basic social services, including medical facilities, emergency ?re and rescue services,roads,and schools to our island communities. .National Wildlife Refuge Fund (“Refuge Revenue Sharing"):The Kodiak lsland Borough opposes the termination of appropriations for this program. The last two Administrations have sought to zero out its funding.The Congress thankfully has rejected these proposed cuts each year.providing level funding for the program in FY 2021. While not as signi?cant as PILT,the National Wildlife Refuge Fund is a critical source of replacement revenue to communities likeours that have the presence of a large Federal wildlife refuge withintheir boundaries. The Borough thanks the Delegation for on-going funding Essential Air Service (EAS):The most recent COVID-19 Relief Billand the CARES Actprovided emergency supplemental funding to the EAS Program so that EAS carriers could receive additional support to make up for the loss of passengers this past year due to thepandemic.Without these supplemental payments along with regular annual funding forthe program.the Borough would lose or have vastly reduced air service to our islandcommunities. The FY 2021 Omnibus Appropriations Billfully funds EAS.We supportcontinuedfundingfor EAS in FY 2022 along with any supplemental funding should it beneeded due to further pandemic impacts on EAS carriers in 2021.Resolution No.FY2021-28Page 3 AGENDA ITEM #13.B.1.Resolution No. FY2022-20 Identifying Federal Program PrioritiesPage 119 of 225 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 169170171172173174175176 10. 11. KodiakIsland Borough,Alaska U.S. Navy Arctic Presence:The Russian war games mentioned earlier,Russian plans for a large ice breaker ?eet, as well as China's.as part of its Belt and Road Initiative,the growing importance of the Arctic from a national security perspective.the prospects for an ice-free Northwest Passage as a future maritime trade route,the movement north of ?sh species important to commercial ?shing —all are matters that the Borough has been monitoring.The Navy's just-released report —A Blue Arctic—calls for an increased Navy presence in the region.The document discusses the importance of an increased “regionally postured"focus.While it does not provide speci?c details,it lays the groundwork for a follow-on report mandated by Congress that is supposed to examine Navy base options in the region and State.That report will be released this year. As has been included in our past Resolutions,selection of Kodiak as a potential Navy base or staging area as the U.S.expands its security presence in the Arctic is a long-term goal for the Borough.The Borough seeks to continue to keep Kodiak “on the radar screen" with the Delegation and Department of Defense as Arctic plans develop.There is adequate land at our Coast Guard Base as well as a deep water port at Womens Bay that could support the Navy's presence. Anton Larsen Bay Road Extension Project:The Kodiak Island Borough has submitted this project as a Federal request to the Delegation the last few years in hopes that Congress willresume the practice of Congressionally directed spending,otherwise known as earmarks.The House is considering reinstating earmarks this year,so the Borough is submitting this project as a Federal request in case they are adopted in the FY 2022 appropriations cycle.An extension of the Anton Larsen Bay Road to ice free waters will provide year around access to those communities located in the Kupreanof Strait as well as those who use the island's west side for commercial and recreational purposes. Extending the road to ice free waters makes traveling safer,providing access to critical services located in the City of Kodiak,including hospitals and businesses.Both the Ouzinkie Native Corporation through its subsidiary,the Spruce Island Development Corporation.and the Sun'aq Tribe of Kodiak have agreed to partner on the project. Its total project cost is $8 million. Broadband Service to Rural Areas: The Borough reiterates the importance of improving broadband service to our rural island communities. The poor intemet service experienced by many of our communities has a negative impact on the delivery of important public by Alaska telecom providers in rural broadband. These investments will help bringimproveInternet service speed and coverage to the more remote parts of the State by2025.The Borough advocates for "middle"and "last" mile investments on the Islandwhich is necessary for our villages to receive Internet service. We continue to urge the AlaskaDelegationtoencouragetelecomprovidersinour region to make those investments aspartofimplementationoftheFCCAlaskaPlan. We also support funding for USDA’s ruralbroadbandgrant/loan programs (Telecommunications Infrastructure Loan Program &Community Connect Grant Program)that could fund “last mile"broadband infrastructureResolutionNo. FY2021-28Page 4 AGENDA ITEM #13.B.1.Resolution No. FY2022-20 Identifying Federal Program PrioritiesPage 120 of 225 U??w programs as the Alaska Plan moves forward.The recent COVID-19 Relief Billinclu des$7 billion for broadband deployment, including funding set asides for rural areas tribes. We are also aware that the new Administration is interested in pursuing furt herbroadbandfundingaspart of comprehensive public infrastructure investment legislati on.Should the Borough,in cooperation with a local internet provider. pursue funding at a l a t e r date with USDA's programs or other Federal sources,we wouldseek Delegation supp ortforourapplication. BE ITFURTHER RESOLVED BYTHE ASSEMBLY OF THE KODIAKISLAND BOROUGH t h a t:the Kodiak Island Borough administration is hereby instructed to advise Congress and appropriate agencies of the United States Federal Government of the Capital Improvem entProgramandpriorities adopted by the KodiakIsland Borough Assembly. ADOPTED BYTHE ASSEMBLY OF THE KODIAKISLAND BOROUGH THIS TWENTY FIRST DAY OF FEBRUARY,2021. KODIAKISLANDBOROUGH WilliamRoberts,Mayor Alise L ice.or ugh Cer VOTES: Ayes: Amdt,Dvorak.Kavanaugh.Symmons,Turner,and Williams Noes: Absent:Smith Kodia k I s l Boroug h. AlaskaResolutionNo.FY2021-28 Page5 AGENDA ITEM #13.B.1.Resolution No. FY2022-20 Identifying Federal Program PrioritiesPage 121 of 225 iii’3%E?K333E$ii"§5§BB‘:’8$?o33U.E$§:3tooo\.a\u.;>L.»~— Introduced by:Manager Powers Drafted by:Special Projects Support Introduced on:11/07/2019 Adopted on:11/07/2019 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2020-14 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING FEDERAL PROGRAM PRIORITIES AND A CAPITAL IMPROVEMENT PROGRAM FOR FEDERAL FISCAL YEAR 2020 &2021 WHEREAS,the Alaska Congressional Delegation has requested the views of the Kodiak Island Borough on which federal programs and projects should be considered priorities,in no particular order,for rural Alaskan communities and their residents;and NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough's views and recommendations on priority Federal programs and projects are as follows: 1.Groundfish Surveys:The Kodiak Island Borough remains concerned over reduced groundfish trawl surveys in the Gulf ofA|aska.Groundfish are very important to Kodiak fisheries,representing 60 percent of all our landings.These surveys provide data on ground?sh species abundance which is then used to set ?shing quotas.Inadequate data creates the possibility of reduced quotas as fisheries managers seek to control fishing effort on a precautionary basis.The National Marine Fisheries Service (NMFS) has been seeking to reduce the number of vessel surveys —both those using Federal fishery research vessels as well as private chartered vessels --from five to four.The Borough submitted a FY 2020 Federal request to the Delegation seeking ?ve annual surveys —both public and private.The FY 2020 Senate Commerce,Justice,Science Appropriations Bill,which funds the National Marine Fisheries Service,includes report language that states —“The Committee notes that any reduction in fisheries survey coverage is unacceptable,especially in areas where the distribution of ?sh stocks are changing due to climate change.Therefore,an additional $2,000,000 above the fiscal year 2019 enacted level is provided for NMFS to maintain historical levels of ?sheries survey coverage in fiscal year 2020.At this funding level the Committee expects NMFS to contract no less than ?ve vessels for Alaskan bottom trawl surveys and cooperative 3 9 40 41 42 43 44 45 researcn..."I ne borougn urges mat me House-senate uonrerence adopt inns language during negotiations on a final FY 2020 bill and support its inclusion in the FY 2021 appropriations bills when they are developed next year. 2.Gulf of Alaska Pacific Cod Fisheries Disaster:The Paci?c Cod fishery is important to Kodiak.Our ?shermen and processors suffered significant losses in this fishery in 2018 due to the unfortunate effects on the species of the “warm blob"in North Pacific waters.The Secretary of Commerce formally approved the Governors fishery Kodiak Island Borough,Alaska Resolution No.FY2020-14 Page 1 of 5 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 122 of 225 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 disaster request this fall for the Pacific Cod fishery in the Gulf of Alaska.The next step is for the U.S.Department of Commerce to allocate prior appropriated funds to the Gulf Pacific Cod Disaster and for the State of Alaska to prepare a spend plan that that addresses the different sectors of the fishery impacted by the disaster.We request that the Delegation communicate to the Secretary of Commerce the urgent need to allocate sufficient funding and promptly approve a State of Alaska spend plan. Alaska Pink Salmon Disaster Funding:After a long and delayed process,funds for the AK pink salmon disaster in 2016 are about to be distributed to eligible fishermen and processors.$31.8 million will go to fishermen (including captain/crew);$17.7 million to processors (15 percent set aside for processing workers)and $3.6 million to research and mitigate the cause of the disaster.The State’s spend plan also calls for $2.4 million to go to local coastal governments for foregone ?sh taxes as a result of the reduced landings of pink salmon that year.The Department of Commerce and Office of Management &Budget (OMB)initially rejected that portion of the State's spend plan,claiming that the funding had to be used by local governments for a dedicated activity connected to the ?shery such as shoreside infrastructure.The Paci?c States Marine Fisheries Commission,the grant applicant and funding distributor delegated by NOAA,has submitted a second application for the $2.4 million. It takes into account the suggestions made by the Department and OMB and is now under review.We urge that the Delegation continue to press for approval of this portion of the spend plan. North Paci?c Observer Program:Observers are an important part of managing the halibut and ground?sh ?sheries in the Gulf of Alaska.Over 400 observers work in the program on board ?shing vessels as well as at processing plants to gather data used in managing these fisheries in a sustainable way.Kodiak generally benefits from a well-run and adequately funded observer program through expanded economic opportunities for its groundfish and halibut fleet and processing sector.Gulf of Alaska ?shery participants pay into the North Pacific Observer Fund to cover the costs of “partial coverage”for Gulf fishing sectors.Partial coverage has been in decline due to the dramatic increase in observer coverage costs.The FY 2020 Senate Commerce,Justice,Science Appropriations Billincludes $1 million to supplement the partial coverage program.The Borough urges the House-Senate Appropriation Conference to include this increase in a final FY 2020 bill.We also support $2 million in supplemental funding for the program in the FY 2021 appropriations bill next year. 84 85 86 87 88 89 90 5.Homeporting U.S.Coast Guard Vessels And Kodiak Base Infrastructure Improvements:Continued infrastructure development at the USCG Base in Kodiak along with Coast Guard vessel homeporting expansion plans remain a high priority for the Kodiak Island Borough.The Base is an excellent location for vessels from all of the new major Coast Guard vessel classes,including Polar Security Cutters (PSC), National Security Cutters (NSC),Offshore Patrol Cutters (OPC),and Fast Response Cutters (FRC).The construction of the first new Polar Security Cutter has been funded and contract awarded,with the FY 2020 House Department of Homeland Security Kodiak Island Borough,Alaska Resolution No.FY2020-14 Page 2 of 5 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 123 of 225 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 (DHS)Appropriations Billproviding a down payment forthe construction of the second vessel.The first PSC is expected to be completed in 2023.For the FRC program, funding in the FY 2020 House DHS Appropriations Bill would be adequate for construction of five more vessels;the Senate would fund four craft.The Coast Guard has announced that two FRCs willbe homeported in Kodiak.Funding in the House bill for the NSC program would go toward the long lead-time materials for construction of a 12"‘NSC.Both bills would fund construction of a 3"‘OPC and provide long lead- time materials for construction of two more vessels in this class.For FY 2020 and subsequent out-years,significant investments are planned for the Kodiak Base’s shoreside infrastructure (including housing)as well as environmental remediation in order to be ready for the new vessel classes.This includes --$25 million for infrastructure improvements to support both FRC and OPC homeporting,with estimates for OPC homeporting spending projected at $63 million through FY 2024; $32 million in housing upgrades;and $31 million for environmental remediation.We welcome these investments and the Coast Guard’s commitment to the Base.We appreciate the De|egation’s support for the Base as a future homeport for the new vessel classes and urge continued advocacy as future Coast Guard decisions are made. Payment-In-Lieu-of-Taxes (PILT):The Borough submitted FY 2020 Federal requests with the Alaska Congressional Delegation earlier this year for continued funding of PILT as we have done in years past and seek to do so for FY 2021.This is a very important revenue source to the Borough,given that there are over 2.8 million acres removed by the Federal Government from taxation within the boundaries of the Kodiak Island Borough.This is land that would otherwise be available to the private sector to develop,creating jobs for the residents of Kodiak and the rural Kodiak Island communities.PILT funds supplement Borough resources to provide basic social services,including medical facilities,emergency fire and rescue services,roads,and schools to our island communities.Both the House and Senate FY 2020 Interior Appropriations Bills include full funding for the PILT program.The Borough supports enactment of the legislation,continued funding in FY 2021 and thanks the Delegation for its support of the program. National Wildlife Refuge Fund (“Refuge Revenue Sharing"):The Kodiak Island Borough opposes the termination of appropriations for this program.While not as significant as PILT,the National Wildlife Refuge Fund is a critical source of replacement revenue to communities like ours that have the presence of a large 1125 i-eoerai W||Gl|l'e reiuge wnnin Il'lB||'oounoaries.Ine l"l’€S|Oel'|IS l‘Y ZUAU DUGQBI 129 request again proposes to eliminate Federal appropriations for this important program. 130 The Borough submitted FY 2020 Federal requests with the Alaska Congressional 131 Delegation earlier this year to maintain funding for the program.We understand that 132 both the House and Senate FY 2020 Interior Appropriations Bills include level funding 133 for the program.The Borough supports enactment of the legislation,thanks the 134 Delegation for continued support of the program,and seeks continued funding for it in 135 FY 2021. Kodiak Island Borough,Alaska Resolution No.FY2020-14 Page 3 of 5 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 124 of 225 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 10. 11. Essential Air Service (EAS)&Air Traffic Control Privatization:The FAA reauthorization bill extends the EAS program for five years and rejected efforts to privatize our nation's Air Traf?c Control system.While the debate on the latter issue has settled for the moment,annual EAS funding still remains a concern.The Administration is seeking just under a 30 percent cut to EAS in its FY 2020 budget request.Without full funding of the EAS program,we would lose or have vastly reduced air service to our island communities.Earlier this year,the Borough submitted an FY 2020 Federal request for level funding of $175 million for EAS.Level funding is provided in the FY 2020 House Transportation-Housing Appropriations Bill,while its Senate counterpart contains a 7 percent cut.The Borough favors the House number during House-Senate negotiations on a final bill.The Borough also supports level funding for FY 2021. U.S.Navy Arctic Presence:Selection of Kodiak as a potential Navy base or staging area as the U.S.expands its security presence in the Arctic is a long-term goal for the Borough.The Borough seeks to continue to keep Kodiak “on the radar screen"with the Delegation and Department of Defense as future Arctic plans develop.There is adequate land at our Coast Guard Base as well as a deep water port at Womens Bay that could support the Navy’s presence.The Borough appreciates the continuing engagement of the Delegation on this issue. Anton Larsen Bay Road Extension Project:The Kodiak Island Borough has submitted this project as a Federal request to the Delegation the last few years in hopes that Congress will resume the practice of Congressionally directed spending, othenrvise known as earmarks.While both the House and Senate have opted not to resume the practice this year,the Borough is submitting this project as a Federal request in case there is a shift in policy in the future.An extension of the Anton Larsen Bay Road to ice free waters will provide year around access to those communities located in the Kupreanof Strait as well as those who use the is|and’s west side for commercial and recreational purposes.Extending the road to ice free waters makes traveling safer,providing access to critical services located in the City of Kodiak, including hospitals and businesses.Both the Ouzinkie Native Corporation through its subsidiary,the Spruce Island Development Corporation,and the Sun’aq Tribe of Kodiak have agreed to partner on the project.its total project cost is $8 million. Broadband Service To Rural Areas:The Borough reiterates the importance of l’/5 Improving broadband service to our rural island communities.The poor internet 174 service experienced by many of our communities has a negative impact on the delivery 175 of important public services as well as commerce.The Borough understands that the 176 Federal Communications Commission's (FCC)Alaska Plan provides the necessary 177 funding from the Connect America Fund for significant investments by Alaska telecom 178 providers in rural broadband.These investments will help bring improve Internet 179 service speed and coverage to the more remote parts of the State by 2025.The key 180 to our villages receiving broadband service will be the carriers making necessary Kodiak Island Borough,Alaska Resolution No.FY2020-14 Page 4 of 5 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 125 of 225 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 ‘‘middle’‘and “last”mile investments on the Island.We continue to urge the Alaska Delegation to encourage telecom providers in our region to make those investments as part of implementation of the FCC Alaska Plan.The USDA has grant/loan programs (Telecommunications Infrastructure Loan Program &Community Connect Grant Program)that could fund “last mile"broadband infrastructure programs once the Alaska Plan begins to move forward.The Borough,in cooperation with a local Internet provider,could then submit a funding application with USDA's program.If so,we would seek Delegation support for our application. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THISSEVENTH DAY OF NOVEMBER,2019. KODIAK ISLAND OROUGH ATTEST: Mayor Bill Tara VI/elinsky,Clerk VOTES: Ayes:Turner,Arndt,Dvorak,Schroeder,Skinner Absent:Symmons Kodiak Island Borough,Alaska Resolution No.FY2020-14 Page 5 of 5 AGENDA ITEM #13.B.1. Resolution No. FY2022-20 Identifying Federal Program Priorities Page 126 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations ORIGINATOR: Grant Writer/Special Projects Support, Meagan Christiansen RECOMMENDATION: Move to advance Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations to public hearing at the next regular meeting of the assembly on March 3, 2022. Staff Report - Special Projects, Meagan Christiansen Assembly Discussion Roll Call Vote DISCUSSION: The Kodiak Island Borough Personnel Rules and Regulations, commonly referred to as the Personnel Manual, is governed by Kodiak Island Borough Code 2.015 and must be amended via ordinance. The Personnel Rules and Regulations were completely rewritten and adopted in 1994. Regular amendments were made to the document through the late 1990’s. A dedicated Human Resources position was eliminated via budget reductions in the late 1990’s and there have only been a couple of amendments to the document since then. • FY2006-05 adopted the federal rate for per diem • FY2007-07 amended section 203, to clarify language relative to the Personnel Board • FY2014-16 adopted and implemented a new employee classification and compensation plan • FY2016-21 amended the advertisement of position vacancies There have been no updates that reflect changes in the Collective Bargaining Agreement, or clarifications to language and practice in more than 20 years. This amendment provides a comprehensive baseline review, update, and amendment to the Personnel Manual to reflect negotiated changes in the Collective Bargaining Agreement with the IBEW for union employees, the discontinuance of the Personnel Advisory Board via Ordinance No. FY2021- 41, and changes to language that clarify or align with current practices and procedures. Staff have identified additional proposed amendments to the Personnel Rules and Regulations; however, some proposed changes will need to be approved by the union membership via the next contract negotiation, and others will require professional consultation. It is the intention of staff to re-instate regular amendments to this document as they occur. ALTERNATIVES: AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 127 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough Take no action FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 128 of 225 Kodiak Island Borough Personnel Manual Changes For review at the 2/10/22 Work Session Updated for 2/17 Regular Meeting Following are items of concern communicated at the January 27 work session: Section 202.1 Borough Assembly, page 2-1 Mr. Arndt requests that items a and b referring to a Personnel Board be removed. Response: Staff recommends allowing the items to remain in case a Personnel Board is recreated in the future. Update: current language is acceptable Section 202.3 Department Directors, page 2-2 Mr. Arndt requests adding an item requiring that Department Directors provide performance evaluations for all employees annually. Response: Staff refers to Section 415 Evaluations, page 4-6, which states that “all staff shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date” and proposes that Mr. Arndt’s change is not necessary. Update: At the 2/10 work session, it was agreed that the language would be added to this section and staff has updated the language. Section 202.5 All Employees, page 2-3 Mr. Arndt requests removal of reference to the Personnel Board in item e. Response: Staff recommends changing the reference to read “a” personnel board and keeping the reference in case a Personnel Board is recreated in the future. Update: Staff’s recommendation is acceptable Section 204.1 Organization of Advisory Council, page 2-4 Section 204.3 Election of Advisory Council, page 2-5 Mr. Arndt requests that the Advisory Council shall consist of three elected staff members rather than five, and additional references be changed to match. Mayor Roberts concurs. Response: Staff does not disagree. Update: the language has been changed to reflect a three member Advisory Council Section 401 Designation of Employees, Temporary Employee, page 4-1 Mr. Arndt requests that hours worked per week be changed from 20 to 24. Response: this language was agreed upon in union negotiations in late 2019, so staff recommends allowing the language to read 20 hours and be re-negotiated at a later date, if desired. Note: there are no long-term temporary employees currently on staff. Update: Staff’s recommendation is acceptable Section 409 Entrance Wage Rate, page 4-3 Mr. Arndt does not agree with changing Assembly approval for placement above Step C to Step F although he would consider changing from Step C to Step D; Mayor Roberts agrees that this should be discussed by the Assembly. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 129 of 225 Response: staff welcomes an Assembly discussion on this matter. Update: Assembly will vote on a change at the Regular Meeting Section 415 Evaluation, page 4-6 Ms. Williams is concerned that the new language “If any employee’s evaluation is not timely prepared, the employee’s performance shall be considered satisfactory” because it seems to accept that annual employee evaluations are not required and may subject the Borough to liability for not properly documenting employee performance. Response: This language change was brought forward by union employees for the 2013 negotiated changes to the Collective Bargaining Agreement because many evaluations were not performed in a timely manner, or were not performed at all, which resulted in a delay of the employee receiving the annual pay increase that is dependent upon a satisfactory performance evaluation. Staff recommends the change to the Personnel Manual be approved to match the Collective Bargaining Agreement and bring the request to remove the language to the 2023 negotiations when a track record of timely performance evaluations can be documented by Manager Murphy. Update: Staff’s recommendation is acceptable Section 504 Dismissal Notice and Severance Pay, page 5-4 Mr. Arndt does not agree with the changes to severance pay because the Assembly has not discussed it. Response: This change was bargained in the 2016 union negotiations to appropriately compensate long term employees who may be subjected to budget cuts or other dismissal without prejudice. Staff recommends maintaining this language. Update: Staff’s recommendation is acceptable Section 712 Bereavement Leave, page 7-7 Mr. Griffin questions the use of the terminology “same-sex domestic partner” and suggests a change to read “domestic partner.” Ms. Williams agrees with the proposal to change the language to read “domestic partner.” Response: this language has been included in the Collective Bargaining Agreement since 2009, it was added in order to be consistent with State of Alaska law as it pertains to same sex domestic partners. The referenced form with the State of Alaska Division of Personnel and Labor Relations remains titled “Same-sex Partner Affidavit.” Staff recommends accepting this language for the current update to the Personnel Manual to match the Collective Bargaining Agreement, and flag it for review and discussion in the next union negotiation. Update: Upon consultation with the Borough Attorney, staff will remove reference to same sex domestic partner and the language will read as follows: “Accrued sick leave or, at the employee's option, annual leave or leave without pay if approved by the Borough Manager, not to exceed five (5) days may be used by an employee upon the death of a member of the employee's or their spouse's immediate family” Added at 2/10 Work Session: Section 708 Family Medical Leave, Return to Work, page 7-5 Clarified language to read that the Borough Manager may require certification Section 1105 Moving Expenses for New Employees, page 11-2 Corrected language to include “upon approval of the Borough Assembly” AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 130 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-09 Page 1 of 2 Introduced by: Borough Managers Office thru the Mayor 1 Drafted by: Special Projects Support 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-09 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 9 KODIAK ISLAND BOROUGH PERSONNEL RULES AND REGULATIONS, 1994 EDITION, TO 10 REFLECT CHANGES NEGOTIATED IN THE COLLECTIVE BARGAINING AGREEMENT, THE 11 DISCONTINUANCE OF THE PERSONNEL ADVISORY BOARD, AND CLARIFICATION OF 12 POLICIES AND PROCEDURES. 13 14 WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy, 15 recognizes that personnel rules and regulations must be amended from time to time to provide 16 for necessary personnel adjustments; and 17 18 WHEREAS, changes to the personnel policy have been negotiated in the Collective Bargaining 19 Agreement negotiation process; and 20 21 WHEREAS, the Personnel Rules and Regulations contains references to the Personnel 22 Advisory Board which was not re-established as of May 20,2021 via Ordinance FY2021-41; and 23 24 WHEREAS, staff have found that certain language within the Personnel Rules and Regulations 25 requires clarification; and 26 27 WHEREAS, references to many forms and practices are no longer valid; and 28 29 WHEREAS, changes and updates to terminology are needed for consistency; and 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH that: 33 34 Section 1: This ordinance is of a general and permanent nature and shall become a part of 35 the Kodiak Island Borough Code of Ordinances. 36 37 Section 2: The Kodiak Island Borough Personnel Rules and Regulations, 1994 Edition, as 38 referenced in Title 2 Administration and Personnel of the Kodiak Island Borough 39 Code is amended to read as attached. 40 41 Section 3: Effective date: this ordinance shall take effect upon adoption. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS __________ DAY OF _______________, 2022. 45 AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 131 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-09 Page 2 of 2 KODIAK ISLAND BOROUGH 46 47 ATTEST: 48 ___________________________ 49 William Roberts, Mayor ___________________________ 50 Alise L Rice, Borough Clerk 51 52 VOTES: 53 Ayes: 54 Noes: 55 AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 132 of 225 1-1 CHAPTER 1 OBJECTIVES AND SCOPE Section 101 AUTHORITY The following policies and procedures are promulgated under the authority of Ordinance No. 77-31-O of the Kodiak Island Borough, amending Chapter 2.125 of the municipal Code as revised by Ordinance No. 94-18, Adopted September 1, 1994 by the Kodiak Island Borough Assembly. 102 PURPOSE It is the purpose of this manual to establish a system of uniform personnel policies and procedures that shall assure high quality of personnel administration in full compliance with all applicable state and federal requirements and in keeping with generally accepted personnel management standards. 103 SCOPE The scope of this manual includes a compilation of policies and procedures for personnel administration of all employees of the Borough. "Terms and conditions of employment", as used in this manual, shall mean the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees; but does not mean general policies describing the function and purposes of a public employer. 104 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The Borough and its employees are committed to the principle of equal employment opportunity in all employment practices. Employees shall not be discriminated against with respect to compensation, terms or conditions of employment because of age, sex, sexual orientation, marital status, changes in marital status, pregnancy or parenthood, race, religion, color, national origin, union activity, or disability. 105 AMENDMENTS Amendments to this manual of personnel policies and procedures shall be made by ordinance only. The pages so affected shall be typed by the Manager’s Office upon passage of each ordinance, and copies distributed to each employee for insertion and/or replacement in their copies of the Personnel Manual. The policies and procedures contained in this manual constitute guidelines only, they do not constitute part of an employment contract. The Kodiak Island Borough reserves the right to amend any provision contained herein. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 133 of 225 2-1 CHAPTER 2 ORGANIZATION AND DELEGATION OF AUTHORITY Section 201 PURPOSE Proper organization and delegation of authority are essential to effective Borough government administration and management. The responsibilities and authorities delineated in this chapter are intended to establish a clear understanding of the role that each segment of Borough government must play in order to create and administer a sound personnel management program. 202 RESPONSIBILITY AND AUTHORITY 202.1 Borough Assembly. The Borough Assembly shall have overall responsibility and authority to establish Borough policy regarding personnel matters including the following: a. Appoint and dismiss members of the a Personnel Board. b. Assign such additional duties to the a Personnel Board as it deems appropriate. c. Approve the Borough's budget, including requests for personnel management funds. d. Approve personnel policies and procedures developed by the Personnel Board. e. Approve recommendations provided by the Working Conditions Advisory Council. 202.2 Borough Manager. The Borough Manager shall have the responsibility and authority to administer the personnel policies and procedures adopted by the Borough Assembly. a. Establish and maintain records of all employees in the Borough service, which shall include the position title, pay, and other pertinent data. The confidentiality of personnel records shall be in conformance with the provisions of the Privacy Act. The release of public information pertaining to employees and personnel records shall be consistent with the intent of the Freedom of Information Act (FOIA). b. Develop and administer an affirmative action program to provide for equal opportunity in all aspects of Borough personnel administration. c. Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employees' effectiveness and productivity, including training, safety, health, counseling, and welfare. d. Maintain the classification and pay plans. e. Administer the Borough's recruitment and selection program. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 134 of 225 2-2 f. Insure uniformity in the application of discipline and processing of employee grievances. g. Prepare and adopt such forms, reports, and procedures as may be necessary to carry out the Borough's personnel program. h. Appoint and dismiss all Borough personnel except those appointed by the Borough Assembly as stated in the applicable ordinance. i. Provide a general orientation program which reviews significant policies and benefits of the Personnel Policies and Procedures Manual and issue a manual to each new employee 202.3 Department Heads Directors. Department heads directors shall have the responsibility and authority to: a. Enforce the personnel policies and administer the merit system in their department (the merit system is the process of promoting and hiring government employees based on their ability to perform a job). b. Keep employees in their departments informed of current personnel policies and procedures. c. Participate in the grievance procedures as specified. d. Appoint employees to vacant positions within their respective departments in accordance with established personnel rules and procedures. e. Develop training programs for employees within their respective departments. f. Administer discipline within their respective departments according to established procedures and delegate such authority to supervisory personnel as deemed appropriate. g. Conduct orientation for each new employee and review a copy of the current position description, which outlines job duties, with each new employee. Such orientation shall include introductions to fellow workers, work standards, safety regulations, break periods, supplies, and other departmental operating procedures. h. Has appointing and dismissal authority over all employees under the department head's director’s jurisdiction as delegated by the Borough Manager. i. Evaluate all staff at least once per year a minimum of thirty (30) days prior to their anniversary date. 202.4 Supervisory Personnel. Supervisory personnel shall have the responsibility and authority to: a. Implement personnel policies, rules, and regulations in the units areas under their supervision. b. Administer discipline to employees under their supervision and recommend dismissal, if warranted. c. Train new employees and participate in the development of other employees. d. Evaluate employee performance. e. Participate in the grievance procedures as specified. 202.5 All Employees. Employees of the Borough shall be presented with a copy of this personnel policy on the hiring date and shall have the responsibility to: AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 135 of 225 2-3 a. Read and understand these rules and ask the immediate supervisor to explain these rules if questions arise. b. Understand the function of the department assigned and how that function relates to the total mission of the Borough and all of its departments. c. Discuss with the immediate supervisor any questions relating to the interpretation or application of these rules. d. Bring to the attention of the immediate supervisor any change in duties as outlined in the position description given to the employee at hiring. e. Submit in writing recommended changes to these rules first to the immediate supervisor, then the department head director, and then the Borough Manager to be considered by the a Personnel Board or Borough Assembly. 203 ORGANIZATION AND DUTIES OF THE PERSONNEL BOARD The Personnel Advisory Board was not re-established in 2017 per Resolution No. FY2018-10. This section remains as a placeholder in case it is re-established. The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. The term of each member shall be three (3) years. The terms of appointments to the Board shall be staggered so that two (2) members are appointed each year for two consecutive years and one (1) member is appointed the third year. The regular term of a member of the Board shall commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. A member of the Personnel Board may not hold any other office or posi tion in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough and their own recommendations. Appointments should be somewhat consistent with the overall ethnic composition of the population of the community. All vacant positions and anticipated vacancies on the Borough Personnel Board will be advertised, via local media, at least three weeks prior to the filling of the vacancy by the Assembly. A member of the Personnel Board may be removed from office by the Borough Assembly for incompetency, dereliction of duty, three consecutive unexcused absences from official Personnel Board meetings, or other abuse after being given a copy of the charges and an opportunity to be heard publicly on such charges before the Assembly. The Personnel Board will receive all recommendations concerning additions, revisions, or deletions to/from the Borough Personnel Policies and Procedures Manual. In addition, they may formulate their own recommendations concerning the Borough Personnel Policy. These recommendations should have input from the Borough Manager prior to action. The Assembly will then consider these recommendations, and if approved as presented, or approved in amended form by ordinance, will become permanent additions, revisions, or deletions to/from the Borough Personnel Policy. In addition, the Personnel Board shall have the responsibility and authority to: A. Hold official public Personnel Board meetings at least, but not limited to once per quarter. The required meeting will be held at a time determined AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 136 of 225 2-4 by the Board each quarter, giving Borough employees at least five (5) working days' notice prior to the meeting. B. Work sessions or special meetings may be called by either the chairman or two (2) members of the Personnel Board, giving Borough employees at least five (5) working days notice prior to the meeting. C. Establish a quorum of three (3) members for regular and special meetings with no recommendations to go before the Assembly without a majority of the Personnel Board voting affirmatively. D. Furnish written minutes of these public meetings for the Borough files and one copy to each department for posting. The minutes will be posted within five (5) working days of such meeting. The Assembly will furnish the Personnel Board with the secretarial and clerical staff necessary to carry out its stated functions. E. Elect a chairman, vice-chairman, and secretary; the secretary need not be a member of the Board. The Board shall determine the time and place of its regular meetings. F. Advise the Assembly on matters concerning personnel administration, in writing, after each official Personnel Board meeting. G. Review job descriptions as prepared by the Borough administration and submitted by the Borough Manager for the purpose of determining placement in a pay range using the salary placement process as adopted by the Assembly. H. Perform other related duties as may be necessary to fulfil its responsibilities as outlined in the Personnel Policy or as may be assigned by the Assembly. It may also have the additional authority of promulgating its own rules and regulations, subject to Assembly approval. 204 ORGANIZATION AND DUTIES OF THE WORKING CONDITIONS ADVISORY COUNCIL 204.1 Organization of Advisory Council There is created a Working Conditions Advisory Council which shall have as its purpose the presentation to the Borough Assembly recommendations, advice and suggestions regarding terms and conditions of employment for employees who are not represented by a collective bargaining organization, including department heads directors. The Advisory Council shall consist of five three persons elected by the covered employees and who may present advice, recommendations, and discussions to the Borough Assembly at least quarterly or more frequently if requested by the Advisory Council or the Borough Assembly upon reasonable notice. 204.2 Authority of Advisory Council The Advisory Council's recommendations, advice and suggestions to the Borough Assembly shall be considered in good faith by the Borough Assembly but shall have no binding effect on the Borough Assembly. All Advisory Council recommendations shall be presented at a regular Assembly meeting for action by the Assembly. The members of the Advisory Council selected by the covered employees shall serve for a period of at least one year from the date of election of the members of such Advisory Council by the covered employees. No more frequently than once a year, the Borough Assembly may for good cause request an affidavit or other AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 137 of 225 2-5 reasonable evidence that the Advisory Council continues to represent the interests of the majority of the covered employees. 204.3 Election of Advisory Council The covered employees shall by secret ballot elect five three representatives to sit on the Advisory Council. The municipal clerk shall provide secretarial or other administrative services to the covered employees for election of said Advisory Council members. An election shall occur no more frequently than once a year commencing with the first election to be held within two months of the passage of this article. The Advisory Council may prescribe rules and procedures to complete its duties on behalf of the covered employees, subject to approval of such rules and procedures by the majority of covered employees. Should a majority of all covered employees decline to participate in an election of an Advisory Council or should a majority of the covered employees decline to be represented by an Advisory Council, no Advisory Council shall be considered as a spokesperson for the covered employees for a period of at least one year from the date such a determination by the covered employees is demonstrated. 204.4 Application of Other Provisions The provisions of the Borough Charter and Code, including the curre nt Kodiak Island Borough Personnel Rules and Regulations, shall, if inconsistent with advice, recommendations, or suggestions of the Advisory Council, be controlling; provided, however that the Advisory Council shall have the opportunity to comment upon and seek revision to the Personnel Rules policies and procedures. The provisions of the Public Employment Relations Act (AS 23.40) shall control if inconsistent with the provisions of this article. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 138 of 225 3-1 CHAPTER 3 POSITION CLASSIFICATION Section 301 DESCRIPTION The Classification Plan is the result of the process of analyzing position descriptions to determine the proper salary range placement on the salary schedule. Each position in the Classification Plan shall be designated by broad job classifications and defined by a salary range placement. All salary range placements will be made using the Assembly approved salary range placement process approved by the Borough Assembly. 302 PURPOSE The Classification Plan provides the basic structure for salary placement on the salary schedule and permits the consideration of pay policy based on the value of the position to the organization and the decision-making requirements of the position. The purpose of the Classification Plan is to provide a system of standardized titles and common job language and is critical to the effective administration of personnel activities, such as: A. Manpower planning and budget. B. Establishing job tasks and minimum qualifications. C. Establishing fair and equitable pay. D. Developing training programs. E. Determining proper classification for new or additional positions. F. Developing valid selection and recruitment programs. G. Establishing appropriate career lines. 303 ADMINISTRATION AND DEVELOPMENT The Borough Manager shall have the authority for the overall administration of the Classification Plan. Department heads directors, key staff, employees and other technical resources as appropriate shall be consulted in developing the Classification Plan. 304 POSITION DESCRIPTIONS Position descriptions shall be reviewed annually or at regular intervals – two (2) to three (3) years – depending on upward or downward market movement. When a new position is proposed or an existing position is proposed to be amended, the department head director shall provide a written position description as well as a determination of the value of the position to the organization and the decision - making requirements of the position, to the Borough Manager, who shall analyze the position to assure that it reflects the tasks that are needed to meet the goals and objectives of the Kodiak Island Borough. Upon the Manager’s approval of the position description, it shall be reviewed for proper placement on the salary schedule. The Borough Manager will recommend any new or revised salary range placement to the Personnel Board. The Kodiak Island Borough reserves the right to change or revise job duties as the need arises. A position description does not constitute a written or implied contract of employment. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 139 of 225 3-2 Section 305 MAINTENANCE OF THE CLASSIFICATION PLAN The Borough Manager shall periodically review the entire Classification Plan or any part thereof. The purpose of such review shall be: A. To ascertain whether or not position descriptions accurately reflect the value of the position to the organization; the level of decision-making; any change in the market rate for the positions; or changes in internal equity among all positions. B. To determine the accuracy of salary range placement. C. To assure that positions are properly classified. The Borough Manager shall recommend to the Borough Personnel Board changes needed in the salary range placement process to keep it up to date. Revisions to the salary range placement process must be approved by the Borough Assembly. 306 REORGANIZATION OF DEPARTMENT Whenever a reorganization of a department or action of the Borough Assembly causes the type and level of work of a position to change, or a position appears to have been incorrectly allocated, the department head director shall revise the position description and provide the new description to the Borough Manager for approval. A job analysis process will be done to determine the DBM rating (reference Section 308) performed. The Manager will then recommend a salary range placement to the Personnel Board for approval. Reclassification shall not be used to avoid the provisions of the personnel rules dealing with layoffs, demotions, promotions, or dismissals. 307 SALARY SCHEDULE The Borough Manager shall be responsible for the development of a salary schedule (Appendix A) through analysis of cost of labor factors, prevailing rate of pay in both public and private industry and other pertinent factors. Any proposed changes to the salary schedule such as cost of labor or other adjustments shall be submitted to the Borough Assembly as part of the annual budget ordinance for adoption. 308 SALARY RANGE PLACEMENT PROCESS The salary range placement process shall be based on the principle of pay equity. The objectives of the placement process shall be to: A. Provide an appropriate salary structure to recruit and retain competent employees. B. Provide appropriate pay incentives for high employee productivity. Each position description shall be reviewed in each of the above criteria using the Decision Band™ Method (DBM) in which: ▪ The value of a job should reflect the importance of the job to the organization. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 140 of 225 3-3 ▪ The importance of a job is directly related to the decision-making requirements of the job. ▪ Decision-making is common to all jobs. ▪ Decision-making is measurable. Using the Decision Band™ Method: • DBM ratings address internal equity and supports development of pay structures. • Decision bands within DBM include: – Band F – Top Level Policy Decisions – Band E – Programming Decisions – Band D – Interpretive Decisions – Band C – Process Decisions – Band B – Operational Decisions – Band A – Defined Decisions • Bands are further subdivided into “grades” based on leadership responsibilities and “subgrades” based on areas such as difficulty and complexity. DBM Step 1 – Bands Band A defined Band B operational Band C process Band D interpretive Band E programming Band F policy Determine manner and speed to perform defined steps of an operation Determines how and when to perform steps of processes Selects appropriate process to accomplish operations of programs Interprets programs into operational plans and deploys resources Plans strategies, programs and allocates resources to meet goals Organization scope, direction and goals DBM Step 2 – Grade Authority Structural Authority Sapiential Authority Responsibility Accountability Advisability Informability AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 141 of 225 3-4 DBM Step 3 – Subgrade Primary Criteria Is affected by: Is determined by: Job Difficulty Duty Complexity Duty Occurrence Number of Duties Diversity of Duties Duty Frequency Percent of Time AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 142 of 225 3-5 DBM Step 3 – Structure BAND GRADE SUBGRADE F - Policy 11 – Coordinating/Supervisory 2(5) 1(4) 10 - Non-coordinating 3 2 1 E - Programming 9 – Coordinating/Supervisory 2(5) 1(4) 8 - Non-coordinating 3 2 1 D - Interpretive 7 – Coordinating/Supervisory 2(5) 1(4) 6 - Non-coordinating 3 2 1 C - Process 5 – Coordinating/Supervisory 2(5) 1(4) 4 - Non-coordinating 3 2 1 B - Operational 3 – Coordinating/Supervisory 2(5) 1(4) 2 - Non-coordinating 3 2 1 A - Defined 1 –Non-coordinating 3 2 1 0 - Non-coordinating 3 2 1 Top Leadership Mid – Mgmt Staff Roles AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 143 of 225 4-1 CHAPTER 4 HIRING AND ADVANCEMENT Section 401 DESIGNATION OF EMPLOYEES Regular Employee: A regular employee is an employee who has successfully completed his/her probationary period in a position that is part of the regular complement needed for performing Borough services as determined by the Borough Assembly. Regular Full-Time Employee: A regular full-time employee is one who is employed to work a regular schedule of established weekly hours. The minimum established weekly hours shall be at least thirty (30) hours a week. Regular Part-Time Employee: A regular part-time employee is one who is employed to work a regular schedule with established weekly hours totaling less than thirty (30) hours a week. Temporary Employee: A temporary employee is one who is employed to augment the workforce whenever the workload temporarily requires additional help, or in the event of an emergency or unanticipated situation for a period not to exceed six (6) months. Temporary employees shall not accrue fringe benefits under this agreement. If a temporary employee is extended beyond six (6) months, he/she shall accrue sick leave, vacation, and seniority from the date of hire the same as a regular employee. Temporary employees who work beyond six (6) consecutive calendar months will also become eligible for holiday leave. Temporary employees shall not be employed for more than twelve (12) consecutive calendar months unless an extension is mutually agreed upon. In the event a temporary employee has been employed for more than two (2) consecutive years and works twenty (20) hours or more each week, the employee shall receive health insurance benefits in accordance with Chapter 10, Section 1001 – Employee Insurance. 402 JOB VACANCIES Position vacancies may be filled by promotion of existing borough employees whenever practicable and in the best interest of the borough, if such an employee is the most qualified applicant for the position. Applicants for promotions must meet the qualifications for the vacant positions as described in the recruitment announcement. The borough is not required to promote such employees to vacant positions. The manager Borough Manager may, at his or her discretion, recruit from the existing borough employees. Alternatively, recruitment may also include new applicants through simultaneous announcement of positions internally and publicly to allow recruitment of new applicants. Recruitment may be conducted with the assistance of employment referral services. Vacancies of union positions will be publicized in accordance with the Collective Bargaining Agreement in effect. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 144 of 225 4-2 403 TEMPORARY POSITIONS Temporary positions (positions lasting up to 6 months) may be advertised both in- house and outside according to the above timelines, however, if immediate assistance is needed, temporary positions can be filled immediately. If short-term, temporary labor is needed for work not covered by a job description (such as manual labor for a borough project), the wage rate will be based on the skill -level needed to perform the particular task and will be determined by the Borough Manager. 404 INTERNS The Kodiak Island Borough is a vehicle for attracting college and high school students into local government occupations. As such, it allows opportunity for training and beginning professional and technical positions while still attending school. In order to qualify, the intern must be a high school or college student who has the necessary academic training in the form of class work and research papers and/or who also possesses the initiative to demonstrate his or her potential in the field of local government. Interns will be considered temporary employees under this manual and will be subject to the same policies and time limits as temporary employees. Wage rates will be based on the job being performed and the skill-level needed to perform the particular tasks. 405 JOB POSTING Any Kodiak Island Borough position which is to be vacated, has been vacated, or any position that has been created shall be posted within the Borough. Alternatively, recruitment may also include new applicants through simultaneous announcement of positions internally and publicly to allow recruitment of new applicants, except where a union position must meet an internal announcement period per the Collective Bargaining Agreement in effect. The posting shall state the details and qualifications applicable to the position. 406 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough Manager will issue job announcements which will be posted on the Borough bulletin boards and through the media including, but not limited to, the local newspaper. Job announcements shall be clear and readable. They shall include job title, salary range, job qualification requirements, and examination information (including the time, place and manner of completing applications, and other pertinent information). 407 QUALIFICATIONS FOR APPOINTMENT Employees shall meet the requirements for the respective positions as spelled out in the job descriptions. The final determination of whether or not the applicant meets the requirements of a respective position shall be made by the Borough Manager or his designee. If two candidates are equally qualified for a position in the judgement of the supervisor, seniority will prevail. Preference will be given first to Kodiak Island Borough residents, then to Alaska residents and then to outside applicants. No preference shall be given in the employment of personnel to persons who are related to any employee of the Borough. The hiring of any relatives of Borough Assembly members and the Borough Mayor is prohibited. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 145 of 225 4-3 408 SELECTION PROCESS The applicable supervisor assisted by the Borough Manager’s designated Human Resources representative personnel assistant and union Shop Steward, if applicable, will evaluate all written applications on a numerical basis on a form (drawn from the position description) provided by the Human Resources personnel office. Based on this evaluation, two (2) or more candidates will be selected for interviews. Interviews will be conducted by the supervisor with the personnel assistant Human Resources representative and union Shop Steward, if applicable, in attendance. unless the interviews are not held in Kodiak. If two or more final candidates are located off-island, the normal policy will be that the supervisor will travel to a location where all interviews can be conducted as effectively as possible. The oral This interview will be conducted with a numerical evaluation on a second form (drawn from the position description) and provided by the Human Resources personnel office. In addition, a written examination or demonstration may be required if appropriate. Upon completion of all interviews, the supervisor and/or department director will make a final selection. 409 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees. The department head director, subject to managerial the Borough Manager’s approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C F. 410 SHIFT DIFFERENTIALS An employee who is assigned to a swing shift (defined as any eight (8) consecutive hours (excluding lunch) beginning between 4:00 p.m. to midnight) shall receive four (4) percent premium pay in addition to his/her regular salary for the period served on swing shift for any day worked as a swing shift. An employee who is assigned to a graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent premium pay in addition to his/her regular salary for the period served on graveyard shift for any day worked as a graveyard shift. If an employee is assigned to work a swing shift or graveyard shift on a regular basis, then sick leave, Holiday pay and annual leave will be paid at the relevant differential percentage. If an employee sporadically works a swing shift as well as normal shifts, then sick leave and annual leave will be paid at the employee's regular salary. An employee shall not be required to begin any shift change without a minimum of an eight (8) hour break between the end of their regular shift and the beginning of their new shift. The employee shall be notified of this shift change at least twenty- four (24) hours prior to the beginning of said shift or be paid the applicable overtime rate for all hours worked on the first day of the new shift. 411 STEP INCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 146 of 225 4-4 Evaluation Report form, shall receive a step increase (see sample forms in Appendix B - Forms Section). Each employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work h ave been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head director determines by the evaluation that an employee has not satisfactorily performed the job, the department head director may suspend the employee's step increase for a period of time during whi ch certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department head director has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee's anniversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase, provided the employee has completed 1560 compensable hours of service. 411.1 Special Merit Increases A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head director and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not affect the anniversary date. Department heads directors may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job-related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his/her work more effectively and from which the Borough tends to benefit. 411.2 Longevity Pay A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. The following amounts shall be granted employees employed on or before July 7, 1983 in addition to their current pay rate excluding overtime: A. Seven (7) years of total service - 5 percent of dollar value of employee's current pay rate. B. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 147 of 225 4-5 C. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime: A. Ten (10) years of total service, an additional 5 percent of dollar value of employee's current pay rate. B. Fifteen (15) years of total service, an additional 5 percent of dollar value of employee's current pay rate. The following amounts shall be granted employees employed after October 1, 1994: Fifteen (15) years of total service, 5 percent of dollar value of employee's current pay rate. 412 TEMPORARY ASSIGNMENTS At the discretion of the Borough Manager, an employee may be assigned to some or all of the duties created by an employee who is temporarily absent from their position. The temporary higher rate of pay shall be at Step A of the salary range of the temporarily absent employee; if the reassigned employee’s pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily the reassigned employee shall be paid at the next step above his/her rate of pay at the time the reassignment commenced. If this re-assignment is made for more than fourteen (14) six (6) consecutive working calendar days, or ten (10) working days within a thirty-day time frame, the employee shall be compensated at the higher rate of pay. If the employee’s pay rate is higher than or the same as Step A of the position to be filled temporarily, the employee shall be paid at the next higher step above his/her current rate of pay. a. Temporary assignments will not be utilized to avoid filling a vacancy or newly created position. Temporary assignments are for a short-term period, not to exceed six (6) months. b. In the case where a bargaining unit employee is temporarily assigned to a non-bargaining unit position, the employee will still be considered a non- exempt employee and shall be paid for any applicable overtime at the higher rate of pay while in that position. c. If an employee is assigned to work in a higher classification for a period of more than thirty (30) calendar days, the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. 413 EMPLOYEE TRANSFERS Any regular Borough employee shall have the right to request and may be considered for a voluntary transfer for a specific job. Any transfer request shall be made in writing and delivered to the Personnel Human Resources Office. Regular employees may be allowed to transfer or request a change of assignment prior to filling a vacancy with a new hire. When an employee is transferred from one position to another with a common pay range, the rate of pay shall remain the same. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 148 of 225 4-6 When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee's anniversary date shall change to the effective date of the transfer. Any employee who transfers shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90). If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee’s former job without loss of seniority and with n o recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. 414 PROBATIONARY PERIOD All new regular employees shall serve a six (6) month probationary period. Any employee terminated under this provision shall have no recourse to the grievance procedure. All benefits and seniority credits shall accrue during the probationary period. Time served as a temporary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there has been no break in service greater than 60 days. 415 EVALUATION The Borough and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employees' strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report (see sample forms in Appendix B - Forms Section). The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date. If any employee’s evaluation is not timely prepared, the employee’s performance shall be considered satisfactory. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by the appropriate supervisor, in which his/her problems and suggestions for eliminating these problems are discussed. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation giving specific instructions for improvement and date the employee will next be evaluated for improvement. Detailed written records of all such conferences will be maintained. The supervisor shall re-evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his/her notice of AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 149 of 225 4-7 termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last thirty (30) days six (6) months. 416 PROMOTION All other things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees. If two applicants are equally qualified, the Borough will select the most senior. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of one pay step, or the minimum rate of the higher pay range, whichever is greater. If the employee's current rate of pay falls within the range of the higher pay range, the pay shall be adjusted to the next higher pay step in the new position's range in order to be equal to a one step increase above the current pay rate. The employee's anniversary date shall change to the effective date of promotion. The employee shall be eligible for a one step pay increase after completing six months of overall satisfactory performance. Any employee who is promoted shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90) (see sample Forms in Appendix B - Forms Section). If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee's former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the promotion. 417 DEMOTION An employee may be demoted for any of the following reasons: A. Inability to perform duties adequately. B. Layoff because of lack of work or funds. When employees are laid off, they may apply for any available position for which they are qualified. C. Personal reasons. An employee may apply for a position with less responsibility and less pay at any time if they choose to do so. When an employee is demoted from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee’s anniversary date shall change to the effective date of the demotion. A demoted employee shall receive a written performance evaluation after six (6) months of service in the new position. No step increase will be available until the first anniversary evaluation is completed for the new position. 418 OFF DUTY/CALL OUT PAY AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 150 of 225 4-8 When an off-duty employee is required to report for duty, the employee shall receive overtime pay for all time worked portal to portal during such call out. Such employees shall receive a minimum of one (1) hour’s pay or will be paid for actual time worked, whichever is greater. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 151 of 225 5-1 CHAPTER 5 SEPARATIONS Section 501 RESIGNATIONS To resign in good standing, an employee must give written notice to his department head director at least fourteen (14) calendar days before the termination date, except for those positions that require a thirty (30) calendar day notice of termination. This requirement may be waived by department heads directors when adequate provisions can be made in a shorter period of time, or extenuating circumstances exist. The department head director shall furnish a copy of the resignation (recognized by the signature of the department head director) to the Borough Manager’s Office, the employee for his records, and to the employee's personnel file. The resignation shall include the reason for leaving Borough service. Failure to comply with the aforementioned requirements may be cause for rejection of rehire. Upon approval of the appointing authority, an employee may withdraw his/her resignation prior to the termination date so long as a commitment has not been made to fill the position. Exempt personnel are required to give written notice to their appointing authority at least thirty (30) calendar days before the termination date. 502 LAYOFF When a reduction in force is necessary, the department heads directors affected shall make a thorough report and recommendation to the Borough Manager, who shall be responsible for the final selection of those employees to be released. Employee efficiency and performance with Borough service shall be the major factors in determining the layoff selection in each classification. Demoting employees in higher classes to lower classes for which they are qualified and laying off those in lower classes may be considered by the Borough Manager and offered to the employees as an option. The Borough Manager is authorized to lay off employees if: a. The position has been abolished. b. There are insufficient funds. c. There is not sufficient work available to warrant the continuation of employment. If a layoff is pending, the Borough Manager shall provide the employee a written notice indicating layoff at least four (4) weeks in advance of the layoff. If for any of the above reasons, an employee has a loss of employment with the Borough, the Borough Manager will make every effort to place the employee in another available job vacancy within the Borough for which he/she is qualified, as determined by the Manager. Whenever possible, layoff will be accomplished through normal attrition. Further, the Borough may attempt to lessen the impact and extent of a layoff through transfers, encouragement of unpaid leaves, early retirement or by any other means AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 152 of 225 5-2 deemed appropriate by the Borough Manager and the Borough Assembly. Should a layoff be determined necessary by the Borough for any reason, the following procedure will apply: a. Layoffs shall occur within job classification. b. All layoffs will be based upon Borough seniority (least senior employee first laid off) within the specific job classifications by department. c. Voluntary employee job share may be utilized as an alternative to layoff upon approval of the affected employees. Laid off employees may apply for any available positions within the Borough for which they are qualified and will be given priority. 503 TERMINATION The Borough Manager is authorized to terminate employment of personnel for cause. Termination here is defined as a termination of employment for reasons of unsatisfactory performance of duties. Following are reasons which constitute grounds for termination of employees of the Kodiak Island Borough. The samples provided are not to be interpreted as inclusive. No regular employee will be terminated for any of the following basic reasons unless a recent evaluation has pointed out the deficiency and reasonable time allowed, and appropriate assistance provided to affect a remedy. a. Incompetence 1) Inability to perform the essential functions of the job as outlined in the job description. 2) Inability to understand and/or follow instructions. 3) Continual difficulty in learning and implementing new methods and procedures related to assigned duties. b. Unsatisfactory Performance of Duties 1) Slovenly work. 2) Flagrant damage to tools or equipment used. 3) Failure to produce an acceptable amount of work in relation to fellow employees in like positions. c. Unexcused Absenteeism 1) Absent from work without prior approval and notice. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 153 of 225 5-3 2) Abuse of sick leave. 3) Arriving late for work or leaving early from work on a continuing basis. The following reasons are cause for immediate termination: a. Substance Abuse on the Job 1) Reporting to work under the influence of alcohol, marijuana, and/or illegal drugs as determined by a recognized testing procedure. 2) Use or possession of narcotic or hallucinogenic drugs unless prescribed by a physician. 3) Use of alcoholic beverages or marijuana products on the job. b. Dishonesty 1) Lying concerning work performance. 2) Being convicted of a felony or misdemeanor which would reasonably cause the Borough to be concerned about the employee's judgment on the job. 3) Taking of Borough property or money or converting to an employee's use. 4) Falsification of time records or approval of time records known to be wrong. 5) Falsification of information on a Borough application form. c. Gross Disobedience 1) Failure to follow supervisor's orders without reasonable explanation of actions. 2) Refusal to obey rules and regulations of the Borough. 3) Acts of moral turpitude. 4) Deliberate injury to another person. 5) Violating confidentiality; Unauthorized release of confidential information. 6) Sexual Harassment of another employee. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 154 of 225 5-4 d. Abandonment of Duties 1) Absenting oneself without approval or authority and failure to promptly notify employer of supportable reasons thereof. All notices of termination will be in writing, with proper notice to the individual and the reasons for termination will be clearly stated. 504 DISMISSAL NOTICE AND SEVERANCE PAY Employees subject to force reduction layoff or dismissed without prejudice shall be given four (4) weeks’ notice and severance pay as follows: 1 - 5 years employment 10 working days 5+ years employment 15 working days Over 5 years – 10 years employment 15 working days Over 10 years – 20 years employment 20 working days Over 20 years employment 25 working days AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 155 of 225 6-1 CHAPTER 6 WORK SCHEDULE & OVERTIME Section 601 HOURS OF WORK Regular working hours of Borough employees shall consist of a five (5) day week, eight (8) consecutive working hours a day, forty (40) hours a week. Normal working hours will be from 8:00 a.m. to 5:00 p.m. and will include one (1) hour for lunch to be taken between the hours of 11:00 a.m. and 2:00 p.m. or by arrangement with the department director. The standard work week shall consist of the period from Sunday to Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard workday shall consist of the period from 12:01 a.m. to midnight. Different schedules to meet department operating needs shall may be established and altered by department heads directors with approval of the Borough Manager. Temporary shifting of employees' working hours to meet routine needs shall be done as necessary and approved by the department head director. 602 TEN HOUR WORKDAY By mutual agreement of the department head director and the employee involved, a four (4) day work week may be established consisting of four (4) ten hour shifts at the employee's straight time rate of pay. The employee may opt out of this work schedule by giving a thirty (30) calendar days notice to the departm ent head director. This decision may require all employees involved to revert to a five (5) day work week in order to properly staff the office to deal with the public. All employees who are working a four (4) day work week shall revert to a five (5) day work week during any week requiring an eight-hour day (i.e. training) or in which a holiday listed in this manual is scheduled. However, an employee may request, subject to approval of his/her supervisor, to take two (2) hours annual leave for any scheduled eight-hour workday or holiday listed in this manual (to balance out the remainder of the workday) and therefore remain on the four (4) day work week schedule, provided the business needs of the Borough and the public are met. 603 REST PERIODS A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon. Such breaks must be staggered to keep all offices adequately staffed to deal with the public at all times. Break schedules must be approved by the appropriate supervisor. When working other than the normal shift, a fifteen (15) minute rest break shall be allowed during any work period of at least four (4) hours duration. 604 STAGGERED LUNCH PERIODS Lunch hours may be staggered to meet the needs of service. Lunch schedules must be approved by the appropriate supervisor and shall be between the hours of 11:00 a.m. and 2:00 p.m., or by arrangement with the department director. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 156 of 225 6-2 605 EXEMPT AND NON-EXEMPT EMPLOYEES Department heads directors and Mental Health Center Clinicians, Community Support Program Director and Clinical Program Director are salaried employees and are therefore exempt from overtime payment in accordance with the Fair Labor Standards Act Executive, Administrative and Professional exemption tests. All other employees are considered hourly (non-exempt) employees and are eligible for overtime payment. 606 OVERTIME Employees not serving in executive, administrative or professional positions, as defined by the Fair Labor Standards Act (FLSA), and as defined as exempt positions in the Kodiak Island Borough Code, are eligible to receive overtime compensation. Overtime entitlements shall be earned in accordance with the FLSA unless otherwise provided in this manual. Overtime shall be scheduled as fairly and equally as practicable among employees, based first on qualifications to perform work and secondly on seniority. All overtime must be authorized by the applicable department head director prior to its performance (see sample overtime form in Appendix B - Forms Section). When an employee is assigned to eight (8) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee's applicable rate of pay for all time worked in excess of eight (8) hours in a workday. Overtime will be calculated on one-quarter (.25) hour intervals. Any quarter of an hour (fifteen (15) minutes) or portion thereof worked, should be reported on the timecard as one-quarter (.25) hour and paid accordingly (e.g., fifteen (15) minutes is reported as one-quarter (.25) hour and sixteen (16) minutes is reported as one-half (.5) hour). When an employee is assigned to ten (10) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee's applicable rate of pay for all time worked in excess of ten (10) hours in a workday. All time worked in excess of forty (40) hours in a work week, shall be compensated at one and one-half (1.5) times the employee's applicable rate of pay. The work week shall be considered to be the period from 12:01 a.m. Sunday to the following midnight Saturday. 607 OVERTIME ON HOLIDAYS Overtime hours worked on a recognized Borough holiday shall be paid at double time for all hours worked in addition to the regular holiday pay. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 157 of 225 6-3 Employees will be notified by their normal quitting time of the preceding day of any scheduled overtime work. 608 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to their supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours per day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee’s supervisor or the Borough Manager’s Office. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the employer and the Union, if applicable. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 158 of 225 7-1 CHAPTER 7 LEAVE Section 701 ANNUAL LEAVE ENTITLEMENT (on a calendar year basis) Leave with pay shall accrue to all full-time regular employees at the following rates based upon twenty-four six (24 26) annual pay periods of eighty (80) hours per pay period. On those months with three (3) pay periods, no leave will be accrued on the third pay period. In other words, there are a total of twenty-six (26) pay periods in a year, leave accrual will be based on twenty-four (24) of those pay periods. Length of Service Earned Monthly Annual Total 0 through 2 years 1-1/2 days 18 days (6 hours per pay period) Over 2 year but less than 5 years 1-3/4 days 21 days (7 hours per pay period) Over 5 years but less than 8 years 2 days 24 days (8 hours per pay period) Over 8 years but less than 10 years 2-1/4 days 27 days (9 hours per pay period) 10 years and over 2-1/2 days 30 days (10 hours per pay period) For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, annual leave accrual will be prorated based upon normally scheduled hours per pay period. 702 ANNUAL LEAVE - GENERAL Annual leave may be used for vacations, personal business, and periods of illness. Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance (see sample using a Leave Request Form in Appendix B - Forms Section Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Borough Manager. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 159 of 225 7-2 Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his/her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Employees shall not be eligible to utilize annual leave during the probationary period. Upon successful completion of the probationary period, the employee will be credited with nine (9) days of accrued annual leave time. Employees who do not complete the probationary period or who are not retained beyond the probationary period shall not be credited and paid for their accrued leave f or their period of employment. Employees who, for good and sufficient cause, must be absent during the probationary period shall be considered in a leave without pay status, if approved by the Borough Manager. Any new employee hired between the first (1st) and the fifteenth (15th) days of the month, inclusive, shall be considered to have worked the full month for leave purposes; and any employee hired after the fifteenth (15th) day of the month shall be credited with leave for half a month. Leave can be accrued from year to year with a maximum accrual limit of s eventy- five (75) working days. Leave continues to accrue during the period of time an employee is on paid leave. A recognized holiday occurring during an employee's leave period shall not be counted as a day of leave. 703 CASH-IN OF ANNUAL LEAVE An employee upon written request shall be permitted to cash in up to eighty (80) hours of his/her annual leave in excess of eighty (80) hours. Such cash out shall be permitted once in a calendar year. In the event of a serious emergency an employee may cash out any accrued annual leave in excess of eighty (80) hours. Any cash-in of annual leave must be approved by the Borough Manager utilizing a Cash-in of Annual Leave form. Examples of events may be, but are not limited to, unexpected replacement or repairs to home systems such as roofs, heaters, foundation, plumbing and other systems; damage to, or repair of automobiles; illness or injury to the employee or immediate family member per FMLA; and other unexpected events. Employee is aware that justification to the Borough Manager regarding the unexpected nature of the event may be required. (see sample Cash-in of Annual Leave form in Appendix B - Forms Section). 704 PAYMENT OF ANNUAL LEAVE UPON TERMINATION Upon separation of a regular employee, accrued annual leave shall be compensated for in a lump sum at the present earnings rate of the employee within three (3) working days pursuant to AS 23.05.140 (b), as the provision may be amended from time to time. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 160 of 225 7-3 705 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days annual leave per annum. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 706 DONATION OF LEAVE Employees may donate hours of annual leave in excess of eighty (80) hours to a fellow employee who has suffered or is suffering a serious personal emergency or disaster such as lingering or terminal illness of the employee or of a member of the employees' family, or the loss of home and belongings due to fire or natural disaster. Leave donations must be requested in writing and be approved by the Borough Manager. Donations will reflect as a reduction in annual leave hours to the Donor and an increase of the same number of annual leave hours to the Donee. 707 SICK LEAVE Each full-time regular employee shall accrue sick leave from the date of employment at the rate of one and one-quarter (1-1/4) days per month (five (5) hours per pay period based upon twenty-four (24) annual pay periods of eighty (80) hours per pay period) fifteen (15) days per calendar year pro-rated by twenty- six (26) pay periods of eighty (80) hours each, regardless of length of service. For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, sick leave accrual will be prorated based upon regularly scheduled hours per pay period. Sick leave is available for use by the employee or if the employee's dependent child, as defined within the Family and Medical Leave Act (see section 708 definitions), or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two (2) hours of prior to the scheduled reporting time. When sick leave exceeds three (3) consecutive workdays a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of every calendar year. Sick leave slips should be turned in within three (3) working days after the leave has been taken (see sample Leave Request Form in Appendix B - Forms Section). No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough service. 708 FAMILY/MEDICAL LEAVE AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 161 of 225 7-4 The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Eligibility - Employees are eligible to use family leave for the purposes outlined above if they have been employed at least thirty-five (35) hours a week for six (6) consecutive months or seventeen and one-half (17.5) hours a week for twelve (12) consecutive months immediately preceding the leave and worked 1,250 hours of service. (see sample Family/Medical Leave Form in Appendix B - Forms Section). An employee is entitled to the benefits guaranteed under the provisions of the federal Family and Medical Leave Act (FMLA) and the state law provisions (AS 39.20.500-550), as they may be amended from time to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and federal Family and Medical Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse or parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for this purpose with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e., an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Acts also allows for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee's stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family/medical leave. All family/medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. The following parental leave policy applies to those employees having worked ten (10) months preceding parental leave: Kodiak Island Borough Parental leave: An employee who has been employed for not less than ten (10) twelve (12) consecutive months is entitled to take a total of six (6) months leave of absence immediately preceding and following childbirth or adoption. This leave is concurrent with and extends the benefits of the FMLA. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30) calendar days prior to any parental leave, unless extenuating medical AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 162 of 225 7-5 circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. Employee Notice - If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days notice prior to the expected need for leave wherever possible. Where thirty (30) calendar days notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee's health care provider (see sample Family/Medical Leave Form in Appendix B - Forms Section). Group Health Coverage - During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough's obligation to maintain health insurance coverage will cease if an employee's premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification - The family/medical leave act contains a provision allowing employers to verify the existence of a "serious health condition" before granting an employee's leave request. Employees requesting leave because of a serious health condition may be required to produce a "certification" from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Return to Work – The Borough Manager, at its his/her discretion, may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee's Rights Upon Return from Leave - Unless the Borough's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions - "parent" means a biological or adoptive parent, a parent-in-law, or a stepparent. "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age; or 18 years of age or older and incapable of self-care because of mental or physical disability. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 163 of 225 7-6 "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or c ontinuing treatment or continuing supervision by a health care provider. 709 LEAVE WITHOUT PAY Leave-without-pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days (see sample Leave Request Form in Appendix B - Forms Section). Annual and sick leave do not accrue when the employee is in a leave-without-pay status longer than ten (10) working days. Employees who are in a leave-without-pay status longer than ten (10) working days will also not be eligible for holiday pay. Under the Public Employees Retirement System (PERS), leave-without-pay exceeding ten (10) working days is not creditable service. Employees in leave-without-pay status for more than ten (10) working days for a reason other than Family/Medical Leave, will be responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10) working days. Exempt employees in leave-without-pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave-without-pay in recognition of the fact that exempt employees are not eligible for overtime pay. 710 EDUCATIONAL LEAVE WITHOUT PAY Educational leave without pay may be granted for educational purposes directly related to employment with a specific benefit to the Kodiak Island Borough. Approval will be contingent upon the work schedule allowing the time to be taken without a disruption to Borough business. If approved by the Borough Manager, this leave may be granted to an employee not to exceed one-hundred-twenty (120) calendar days. Annual and sick leave do not accrue when the employee is in an educational leave without pay status longer than ten (10) working days. Employees who are in an educational leave without pay status will not be eligible for holiday pay during the period they are on educational leave without pay status. 711 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Years Day 1 January Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Seward's Day Last Monday in March Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day 1st Monday in September Veteran's Day 11 November Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25 December Employee's Birthday To be taken anytime during the Birthday month (see sample Leave AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 164 of 225 7-7 Request Form in Appendix B - Forms Section) An employee’s birthday shall be observed on a workday mutually agreed to by the employee and the Employer within three months prior or three months after their actual birthday. Employees who ask to celebrate their birthday holiday during the month in which it falls will not be unreasonably denied. In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States or the Governor of Alaska as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the preceding Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at doubletime for all hours worked in addition to the regular holiday pay. Temporary employees are not eligible for holiday pay. A supervisor with employees whose normal work week is outside the work week of Monday through Friday may change the holiday work schedule in order to meet the needs of the public, with the approval of the department director. 712 BEREAVEMENT LEAVE Accrued sick leave or, at the employee's option, annual leave or leave without pay if approved by the Borough Manager, not to exceed five (5) days may be used by an employee upon the death of a member of the employee's or their spouse's or their same-sex domestic partner’s immediate family (provided that the State of Alaska’s Political Subdivision Health Plan Same-Sex Partner Affidavit is completed and on record with the Borough) (see sample Leave Request Form in Appendix B - Forms Section). Immediate family is defined as spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave without pay may be granted to accommodate required travel. 713 WORKERS' COMPENSATION LEAVE During periods of on-the-job injury recuperation, the employee shall be eligible for Workers' Compensation Benefits and will be placed on Worker's Compensation Leave. All fringe benefits will continue to accrue while in this status. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 165 of 225 7-8 It is the intent of this policy that the employee's take home pay for a period not to exceed ten (10) weeks will remain the same throughout the recuperation period as his/her regular take home pay prior to the injury. Sick and annual leave will be used as follows: 1. The first three (3) days should be sick leave or upon employee request, annual leave, or leave without pay if no other leave is available (see sample using a Leave Request Form in Appendix B - Forms Section). For a new regular employee on probation status who has not accumulated a combined total of three (3) days of sick and annual leave, the three (3) days will be charged first to sick leave, then annual leave and finally the salary line item for the employee. 2. For the remaining days, until the end of ten (10) weeks measured from the date of initial leave taken, an amount equal to the difference between the employee's take home pay prior to the injury and the amount received from Worker's Compensation will be paid to the employee by the Borough and charged to the salary line item for the employee. If the absence exceeds twenty-eight (28) calendar days and Worker's Compensation then picks up the original three (3) days of paid leave the employee must repay the Borough for the three days pay. The Borough will then credit the employee's records for deductions as a result of an on-the-job injury. The credit will be applied first to the salary line item, and then to sick leave. An employee can remain on Worker's Compensation Leave for up to six (6) months or until determined to be permanently or totally disabled or permanently partially disabled and unable to return to work, whichever comes first. The Borough will not, however, supplement any Worker's Compensation benefits provided for by its compensation insurance carrier for any settlements of industrial accident claims. When any such settlement is made, disability shall be presumed to terminate on the date of such settlement. 714 COURT DUTY Court duty, including jury service, shall be treated as administrative leave from Borough duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a witness on behalf of the Borough, or when called as an expert on a matter of Borough concern, or relating to a Borough function, or the employee's job performance will be considered administrative leave (see sample Leave Request Form in Appendix B - Forms Section). Fees paid by the court (other than travel and subsistence allowance) will be turned in for deposit to the Borough except that fees paid for court duty that occurs on the employee's normal non- workdays may be retained by the employee. Witness service for personal purposes will be covered by annual leave, or leave without pay, and any fees received in this connection may be retained by the individual. Employees, upon receiving written notice of being called for jury duty, will immediately provide their supervisor with a copy of such notice. In the event an employee is called for court duty in Kodiak, when excused, he or she shall return to work within a reasonable time, not to exceed one hour. If the employee is serving court duty AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 166 of 225 7-9 outside the city of Kodiak, he or she shall return to work within one hour upon returning to Kodiak. 715 MILITARY LEAVE Employees who are called up for active duty in a branch of the U.S. Armed Forces or who are members of a U.S. Military Reserve component shall be entitled to leave and re-employment benefits as prescribed by state and federal laws. Absence from Borough duty for the purpose of participating as a member of a United States reserve component, either in active military service of the State or in military training, is authorized and will be treated administratively (in the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first two weeks of the military active duty or training period. The Borough Manager will be provided with a copy of the individual's orders to duty. The absence will be recorded, during the first ten (10) working days, as administrative leave without charge to the employee's leave account (see sample Leave Request Form in Appendix B - Forms Section). Military pay paid to the employee for this period of time (equivalent to eighty (80) hours of work) will be turned over to the Borough. 716 UNAUTHORIZED LEAVE Any absence not authorized and approved in accordance with the provisions of these regulations may be grounds for disciplinary action up to and including termination; provided, however, that any employee who has verified that they were unable to return to duty due to weather and/or an emergency shall not be subject to disciplinary action under this section. 717 SICK LEAVE BANK All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Borough Manager. It is the Manager’s responsibility to approve or deny requests for Sick Leave Bank usage (see sample Sick Leave Bank Request Form in Appendix B - Forms Section). In the case of denial, the request for Sick Leave Bank usage may be appealed to the Personnel Advisory Board. The Personnel Advisory Board’s decisions regarding Sick Leave Bank usage will be final. Each employee enrolling in the Bank will donate one (1) day of his/her sick leave to the Bank each year, until the Bank is built up to a maximum of three hundred (300) days (see sample Sick Leave Bank Authorization Form in Appendix B - Forms Section). No more days will be added to this maximum until the Bank is depleted to two-hundred-fifty (250) days except for new participants. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. This information will be available to any member upon request. Contributions will be made to the Bank once a year in the month of January according to the above limitations. The employee will be responsible for submitting donation forms between January 1 and January 31. In the event the AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 167 of 225 7-10 Bank becomes totally depleted during the year, each member of the Bank may donate additional days up to a maximum donation of three (3) days per year. An employee withdrawing from membership in the Bank will not be able to withdraw the contributed days. An employee will not be able to withdraw days from the Bank until all of his/her own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute additional days to the Bank. Sick leave days can only be withdrawn from the Bank for the individual member’s illness or injury. Normal pregnancy leave and parental leave not associated with illness or disability under Section 707 of the Personnel Manual are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Borough Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician’s supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough leave form shall be used as verification of sick leave donated to the Sick Leave Bank. Qualifications for Membership in Sick Leave Bank A. Only regular full-time or part-time employees are eligible to participate in the Sick Leave Bank. B. Only contributing members of the Sick Leave Bank are eligible to use the Bank. C. Members may use the Sick Leave Bank only after they have completed their probationary period. Date of hire will determine eligibility. An employee may contribute to the Bank as soon as all other requirements are met. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 168 of 225 8-1 CHAPTER 8 DISCIPLINE Section 801 DISCIPLINE Any employee discharged or suspended for disciplinary reasons shall be furnished, in writing, the reasons for such action. No employee shall be disciplined or discharged without cause. It is the intent of the Borough to utilize progressive discipline, however, the level of discipline will depend on the actual circumstances and severity of the Employee's misconduct. Progressive discipline would normally be: 1. Verbal Counseling and Warning 2. Written Warning via Disciplinary Action Memo 3. Discharge Disciplinary Action Procedure: All disciplinary actions, except verbal counseling and warning shall be documented on a Disciplinary Action Memo to the employee and the employee's personnel file. The employee shall be given a chance to read the memo. It shall then be reviewed with the employee and a sincere effort shall be made to obtain agreement with the employee that facts are stated correctly that the inappropriate or incorrect behavior did occur, that it did represent behavior that should be disciplined, that the discipline is appropriate and that the behavior will not be repeated. If errors are found, the Disciplinary Action Memo shall be rewritten and again reviewed. Comments of the employee shall be entered under that heading. The employee shall be requested to sign the memo and be informed that his or her signature indicates only agreement that the memo accurately records the discussion. If the Employee refuses to sign the memo, the statement shall be entered: "(Employee's Name) read the contents on (date) and refused to sign." The supervisor may, if necessary, complete reviews of the employee's progress in correcting the cause of the original action at three, six and nine months-or any other intervals. These reports shall be made on a standard Evaluation Report form (see sample form in Appendix B - Forms Section). Twelve Thirty-six (36) months from the date of the action concerned, the Borough Manager shall review the disciplinary action and if it is determined that the problem has been resolved, all copies of the Disciplinary Action Memo shall be returned to the affected employee provided that a record shall be maintained that a Disciplinary Action Memo had been filed but was removed. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 169 of 225 9-1 CHAPTER 9 TRAINING Section 901 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES The Borough shall provide, or make available, updated training to qualified employees as required with the introduction of new equipment, technology, and/or procedures. 902 TUITION REFUNDS Consideration will be given toward reimbursement of 100 percent of the tuition expense, books, and lab fees if an employee successfully completes coursework considered to relate to the employee's present duties and to be of benefit to both the Borough and employee involved. Written concurrence from the department head director and the Borough Manager shall be obtained in each case before beginning the pertinent course of study (see sample using a Coursework Approval Form in Appendix B - Forms Section). If the reimbursed tuition amount exceeds $300500, the employee shall sign and abide by a Tuition Agreement (see sample Tuition Agreement in Appendix B - Forms Section). The maximum reimbursable tuition amount is $1,5002,500 per employee per fiscal year. The Borough shall not reimburse any employee for tuition and/or associated costs that have or will be paid by a third party. Upon successful completion of the course involved, the employee shall furnish his/her department head with evidence of successful course completion (a grade of C or better or a certificate of completion) and a receipt of the course fee. Upon approval of the reimbursement process by the Borough Manager, the reimbursable cost will be paid. In the event of involuntary termination, the employee shall not be required to repay tuition. 903 SPECIAL TRAINING Employees who attend courses or conferences or receive special schooling that is reimbursed or paid for by the Borough (defined as any training or schooling for which the Borough pays $2,500 or more including the cost of the training program plus travel) will be subject to the terms of a Special Training Agreement (see sample Special Training Agreement in Appendix B - Forms Section). Any employee terminating employment prior to working one year after completion of an approved special training program for which a Special Training Agreement is required (defined as any training or schooling for which the Borough pays $2,000 or more including cost of the training program plus travel), unless terminated for a justifiable reason convenience of the Borough or due to personal hardship requiring resignation will be subject to forfeiture of accumulated leave and/or salary on a pro-rated basis in the amount at or above $2,0002,500 of the cost of the training program plus travel. Conferences are considered special training programs under the provisions of this section. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 170 of 225 9-2 When attendance at a training program is mandatory as determined by the department head director, the employee shall be compensated at their regular rate of pay for all scheduled training hours. In addition, the Borough shall pay for the cost of registration, tuition, publications, transportation, and per diem, and he/she shall be exempt from signing the Special Training Agreement. 904 TRAINING The Kodiak Island Borough encourages training programs including government funded programs which will provide initial and advanced training for employees. Within budget limitations, training offered shall particularly emphasize requirements for occupational certification, job skill enhancement, accident prevention, employee safety and public relations. Approval for training is subject to availability of budgeted funds and must be approved by the Borough Manager or his designee. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 171 of 225 10-1 CHAPTER 10 BENEFITS Section 1001 EMPLOYEE INSURANCE a. The Kodiak Island Borough will provide a group health care plan with benefits at least equal to those provided by the Group Health Care and Life Insurance Plan for employees of the State of Alaska Political Subdivisions program. Move to a.1 b. All eligible employees of the Kodiak Island Borough who enroll will pay the same percentage premium costs in order to be eligible for this health insurance coverage. Move to a.2 c. Coverages and costs of the Alaska Electrical Health & Welfare Fund group health care plan are determined each year by Alaska Electrical Trust Fund (AETF) the health care plan provider and the Kodiak Island Borough. Each employee will be notified of the coverages and costs each year. Move to a.3 d. Pursuant to Section 125 of the United States Tax Code, the Borough shall offer employees the option of participating in a group health (Cafeteria) plan. Requirements for and benefits of participation in the Health plan are set forth in the Borough's Section 125 Plan which may be amended from time to time to conform to the requirements of Section 125. The employee portion of the premium shall be contributed in accordance with the Borough Section 125 Plan by those employees who choose to participate under the Plan. Combine with i and move to f. e. Employees are eligible for participation in the health and life insurance programs if they are regular, or non-temporary employees who have been employed for greater than two consecutive years and have been working twenty hours or more each week. Enrollment periods are at initial hire and after a qualifying event. f. No employee covered by this plan will receive health insurance from more than one Borough insurance policy. Move to b. g. The Borough shall provide, on a non-contributory basis, a group Life and Accidental Death and Dismemberment insurance plan for each eligible, regular employee in the amount equal to $75,000. The program of benefits will be as described in a Master Contract between the Borough and insurance carrier. h. As a participant in the Health Plan, the employee also receives at no cost an additional $50,000 in basic life and $50,000 in Accidental Death and Dismemberment coverage. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 172 of 225 10-2 Move to f. i. Eligible employee is defined as either: 1. a regular full-time employee, or 2. a regular part-time employee working at least fifteen (15) twenty (20) hours per week. 3. a temporary employee who has been employed for greater than two consecutive years and has been working twenty hours or more each week. Duplicate of a.1 j. Regular part-time employees who are eligible for, and elect to have insurance coverage, shall pay the same premium as all other employees. Move to a.5 k. An employee on an approved leave of absence may elect to pay the full premium for Borough-wide health insurance during this period, if allowed under the group insurance contract. Move to c. l. The Borough also provides a non-contributory Accident Travel Insurance policy which provides $100,000 coverage to employees who are traveling on official Borough business. Move to a.4 m. The Borough will provide continuation of regular health insurance benefits for employees who utilize family and medical leave and parental leave for a period not to exceed the time limits outlined in the state and federal Family and Medical Leave Acts and the Borough parental leave policy. If the employee pays a premium for health coverage for dependents, they are still responsible for payment of their portion of the premium while on leave. Move to d. n. The Borough will provide Worker's Compensation coverage for all employees and volunteers firefighters of the Borough. Move to e. o. The Borough will provide a non-contributory short and long-term disability insurance program for each employee. 1002 RETIREMENT Kodiak Island Borough is a member of the Alaska Public Employee's Retirement System (PERS). Accordingly, all deductions shall be made according to the regulations of that system. All employees will receive a copy of the PERS booklet, and it will also be available in the payroll and Manager’s offices, and the State of Alaska, Department of Administration, Division of Retirement and Benefits website. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 173 of 225 11-1 CHAPTER 11 EMPLOYMENT PRACTICES Section 1101 PERSONNEL RECORDS The Borough Manager shall provide and maintain central files for records of the personal and work history of each employee in the Borough service. No personnel files shall be maintained elsewhere in the Borough either by the Manager or department heads directors. Employees shall have access to their own confidential personnel file. Access to the personnel files by other than the Borough Manager, the employee's immediate supervisor and department head director, the personnel and administrative assistant Borough Manager’s designated Human Resources representative, and the director head of a Borough department into which the employee has applied for promotion or transfer shall not be allowed without prior approval of the Borough Manager. Other persons shall be permitted access to personnel files only by court order or by the written consent of the employee and upon written approval of the Borough Manager. Additionally: 1. Employees will be allowed access to their personnel files without the permission of their supervisors. 2. Employees will not be allowed to remove their personnel files from the office; however, employees may request copies of documents from their personnel files and these copies may be removed. 3. Supervisors will not be notified when employees request access to their personnel files. 4. All copies of Disciplinary Action Memos removed from a personnel file shall be returned directly to the affected employee. 5. No supervisory employee(s) will retain copies of Disciplinary Action Memos removed from an employee’s personnel file. Medical records shall be safely secured and kept separate from the employee's personnel file. Access to these files shall be restricted to the Borough Manager, personnel assistant the Manager’s designated Human Resources representative, and the employee. Such records shall not be released for any reason other than a medical emergency, in which event they may be released to a licens ed health care practitioner, unless the employee gives written consent allowing the release of his/her medical file. 1102 PAYROLL PROCEDURES It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary written authorization for direct deposit (as available) on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 174 of 225 11-2 Employees will normally be paid on Friday on a biweekly basis. If the regular payday occurs on a holiday, employees will be paid on the last working day prior to the regular payday. Employees on each payday will receive, in addition to their check or deposit advice, a statement showing gross pay, deductions, and net pay. Local, s tate, federal and social security taxes will be deducted automatically. No other deductions will be made unless required or allowed by law, contract, or employee written obligation. Employees may elect to have additional voluntary deductions taken from their pay only if they authorize the deductions in writing. When an employee separates from the Borough any wages due shall become payable immediately and shall be paid within three (3) working days following separation pursuant to AS 23.05.140(b), as that provision may be amended from time to time. 1103 TIMESHEETS Copies of the employee's time sheets shall be made available upon request, by the employee or his/her designee. 1104 PAYCHECK ERRORS In the event an employee disputes the amount of any compensation on his/her paycheck, the employee shall notify the Borough's designated payroll representative. The Borough shall rectify any verified paycheck errors upon receipt of such notice. Paycheck errors of less than 5% of gross pay shall be rectified on the next paycheck. Paycheck errors that are over 5% of gross pay shall be rectified within three (3) working days after such notice. 1105 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough, upon approval of the Borough Assembly. When there is an essential position to be filled and the best applicant is from outside of Kodiak, the Borough Manager, upon approval of the Borough Assembly, may authorize the reimbursement of moving expenses. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. On a case-by-case basis and upon approval of the Borough Assembly, additional reimbursement of moving expenses exceeding this limit may be authorized by the Borough Manager. c. New employees who are assisted with their moving expenses under this policy shall be required to sign a Transportation Agreement prior to AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 175 of 225 11-3 employment (see sample Transportation Agreement in Appendix B - Forms Section). The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% -Less than twelve (12) months 75% -Twelve (12) but less than eighteen months 50% -Eighteen (18) but less than twenty-four (24) months d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. Reimbursement shall be based upon itemized receipts for moving expenses. The appointing authority shall be responsible for advising new employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. 1106 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position, an annual clothing allowance reimbursement of up to $700 per year payable quarterly shall be allowed. The yearly amount to be paid shall be determined by the Borough Manager based on the cost of the required clothing as determined on the clothing reimbursement form. The payments shall be made on the first regular pay day of each quarter All payments will be in accordance with current Internal Revenue Service (IRS) regulations. 1107 ON-CALL TIME Hourly employees who are required to be on-call for the Community Support Program of the Kodiak Island Borough shall receive $100 one hundred seventy- five dollars ($175.00) a week compensation for carrying and monitoring the CSP a beeper cell phone. In the event that an hourly employee is called in to work to respond in response to a beeper cell phone call, the employee will receive time and one-half compensation for any and all hours worked over eight (8) in a day and over forty (40) in a week. 1108 BOROUGH VEHICLES The Borough maintains pool cars for official travel of its employees. These vehicles are to be used for Borough business only and shall not be used for private trips. Hitchhikers are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle without a current and valid driver’s license. In accordance with Ordinance No. 90-17, there will be no smoking is allowed in any Borough vehicle. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 176 of 225 11-4 1109 PRIVATE AUTOMOBILE USAGE On rare occasions it may be necessary and prudent to use a private automobile in the performance of official duties. Reimbursement for such travel will be at the current prescribed rates as determined by the Internal Revenue Service. No employee will be paid mileage allowance for travel between his normal place of duty and his residence. Some on-call personnel are provided with the use of official vehicles as deemed necessary by the Borough Manager or his designee. 1110 GIFTS AND GRATUITIES It shall be the responsibility of each Borough employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting the impartiality of the individual employee. If an employee is tendered or offered a gift or gratuity which would, in the eyes of the public or in the eyes of public officials, be construed to be an attempt to bribe, influence, or to encourage special consideration with respect to Borough operations, such offer shall be reported without delay to the Borough Manager. Any person either offering or receiving such a gift, gratuity, consideration, or extraordinary favor will be subject to the disciplinary procedure. 1111 PROFESSIONAL ORGANIZATION DUES The Borough, upon approval of the department director, will pay dues to one an approved professional organization for each professional member of the staff, where such professional organization is for the purpose of improving personal abilities and qualifications. 1112 EMPLOYMENT OF FAMILY MEMBERS No person may be employed in a position supervised by a family member. Additionally, family members shall not be placed in a position such that one member has authority to approve the work, personnel documents, expense account, or time records of another family member. An exception to this rule will be made if requested by the Borough Manager and approved by the Borough Assembly. Family members shall be described as follows: spouse, father, mother, brother, sister, son, daughter, stepmother, stepfather, stepbrother, stepsister, stepson, stepdaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in- law, daughter-in-law, and grandparents. A) If two employees marry who are employed in any position in which the office or employee may be able to directly or indirectly supervise, control or influence the work or employment status of the relative or the affairs of the organizational unit in which the relative is to be employed, they shall give immediate notice of the marriage to the Borough Manager. At an appropriate time, the least senior of one of the spouses may be transferred AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 177 of 225 11-5 to another assignment within the Borough. The decision to transfer shall not: 1) Alter the transferring spouse's salary and/or benefits, and 2) Alter the seniority standard described above. B) If one of the spouses agrees to a voluntary transfer, the seniority standard for involuntary transfer shall not apply. C) It is agreed that if a Borough employee is to be transferred as a result of this provision and there is no comparable position available that the Borough Manager may use his discretion in making reassignment of the individual. However, the employee shall suffer no loss in salary, benefits or seniority. 1113 OTHER EMPLOYMENT No employee shall engage in any other employment, whether public, private or self-employment, during scheduled work hours, nor outside scheduled work hours if such employment conflicts with the Borough's interests or adversely affects the employee's availability and usefulness. 1114 TRAVEL Employees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and/or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incidental to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include hotel rooms, auto rental or ride fare, and telephone. Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non-contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http://www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business not requiring an overnight stay, per diem will be 75% of the daily rate. All employees on official travel are expected to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are: first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel-related check requests or purchase orders, employees must submit a Travel Authorization Form (see sample form in Appendix B – Forms Section). Hotel rooms will generally be reserved and paid using the purchase order system. Reimbursement may be requested for hotel rooms with proper receipt submittal. An advance for per diem can be requested prior to travel. 1115 STRANDED WHILE ON BOROUGH TRAVEL AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 178 of 225 11-6 If due to inclement weather or other adverse conditions, employees traveling on Borough business become stranded away from their Kodiak office location the following will apply: A) The employee will not suffer a reduction in wages or benefits as a result of being unable to return to his/her principal work location. B) The employee will be provided with room, per diem as outlined in Section 1114 above, and necessary transportation at the Borough's expense. C) The Borough will reimburse the employee for any other reasonable, necessary expenses they would not normally have incurred had they been in Kodiak. An example of such an expense would be reimbursement for any childcare expenses that might result from the employee being stranded away from Kodiak. The above will not be reimbursable if an employee has extended his/her travel time in any way for personal reasons and becomes stranded due to taking a later flight than would have been required when the Borough business was completed. 1116 SAFETY It is a fundamental responsibility of the Borough to provide a safe work environment for its employees. It is a fundamental responsibility of the employees to abide by all safety rules and regulations and to continuously practice safety while performing their duties. The Borough will furnish such safety devices and first aid kits as may be needed for the safety and proper emergency medical treatment of employees. Employees shall use personal protective equipment as may be prescribed by state or federal standards or the Borough. It is the responsibility of each employee to report any unsafe situation to the supervisor immediately upon recognition of the unsafe situation. 1117 SAFETY COMMITTEE A safety committee composed of at least two (2) representatives from the non- management staff members and at least two (2) representatives from the management staff members, as identified by the Borough Manager, will review safety programs, training, and procedures. The committee will have the right to: a. Recommend specific safety programs and training to be presented to the employees. b. Recommend corrective action for unsafe practices, procedures and devices. 1118 DESIGNATED SMOKING AREAS PROHIBITION OF SMOKING Per Ordinance No. 90-17 FY2011-06, adopted on 05/03/90December 2, 2010 by the Kodiak Island Borough Assembly and effective on July 1, 1990 January 1, 2011, all Kodiak Island Borough buildings and offices are non-smoking areas. The Borough shall provide designated smoking areas smoking is prohibited in all AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 179 of 225 11-7 buildings and offices owned or leased by the Kodiak Island Borough at all times. Except as provided in KIBC 8.30.010, smoking is prohibited within a distance of fifty (50) feet outside any entrance, window, or ventilation intake system of any building or office owned or leased by the Kodiak Island Borough to ensure that smoke does not enter any enclosed area where smoking is prohibited by this chapter. Smoking is prohibited on the grounds of the Borough Building at all times due to its proximity to the Kodiak Island Borough School District offices and the Kodiak High School property where smoking is prohibited. 1119 DRUG-FREE WORKPLACE The Borough is committed to providing a safe, efficient, and productive work environment for all employees. Using or being under the influence of illegal drugs, alcohol or marijuana on the job may pose serious safety and health risks. Therefore, Aas a condition of employment, all employees are required to sign and abide by the Kodiak Island Borough's Drug-Free Workplace Policy. In accordance with this policy, any employee who unlawfully manufactures, distributes, dispenses, possesses, or uses a controlled substance in the workplace or during working hours is subject to disciplinary action up to and including immediate dismissal. Any employee reporting to work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action up to and including immediate dismissal. POLICY FOR A DRUG-FREE WORKPLACE Notice to All Borough Employees It is the policy of the Kodiak Island Borough to provide a drug-free workplace. The Borough, as a recipient of federal grants covered by the Drug-Free Workplace Act of 1988, requires all employees to abide by the terms of this policy as a condition of employment. Any employee who unlawfully manufactures, distributes, dispenses, possesses or uses a controlled substance in the workplace or during working hours is subject to disciplinary action up to and including immediate dismissal (see Section 503 of the personnel manual). This is irrespective and independent of any criminal action concerning the offense. Substance abuse on Borough property will not be tolerated and will be cause for termination. It is the policy of the Kodiak Island Borough to promote employee well-being and to protect each employee and the Borough from injury or other threats. The Kodiak Island Borough is committed to providing assistance to employees who need drug or alcohol counseling and/or treatment through our employee assistance program. Employees can utilize this program simply by calling 1-800-478-2812 the phone number posted on the employee bulletin board to be referred to an appropriate caregiver on Kodiak or, if necessary, to a care-giver off of the island. Employees are covered for up to eight (8) visits to a counselor and additional treatment may be covered by insurance. More details about the program are available in the Borough Manager’s Office. Employee participation in the employee assistance program will in no way jeopardize future employment or advancement, nor will it protect the employee from disciplinary action for continued substandard job performance or rule infractions. Every employee is eligible to participate in the employee assistance program and all information AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 180 of 225 11-8 related to participation will be kept confidential. Employee referrals to the assistance program can be directed to the appropriate supervisor or may be discussed with higher level supervision up to and including the Borough Manager. Employees are required to notify their employer immediately should they be convicted of any criminal drug offense occurring in the workplace. This policy does not diminish, increase or otherwise change an employee's rights or responsibilities under the Kodiak Island Borough personnel rules and regulations. 1120 SEXUAL HARASSMENT POLICY Notice to All Borough Employees It is the policy of the Kodiak Island Borough to provide a workplace free from sexual harassment. Sexual harassment is a violation of the law and is inconsistent with the Borough's policy on equal employment opportunity and non- discrimination. Sexual harassment of any kind will not be condoned or tolerated. All employees must avoid offensive or inappropriate sexual behavior at work and are responsible for assuring that the workplace is a respectful environment free from sexual harassment at all times. Any employee found to have violated this policy will be subject to immediate and appropriate disciplinary action up to and including termination. In addition, civil lawsuits can be filed by the victim and courts have held harassers personally liable for damages in instances of sexual harassment. Sexual Harassment is defined as "unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: 1. submission to such conduct is made whether explicitly or implicitly a condition of an individual's employment; or 2. submission to or rejection of such conduct by the individual is used as the basis for employment decisions affecting such individual; or 3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment." Examples of prohibited conduct include, but are not limited to, lewd or sexually suggestive comments; off-color language or jokes of a sexual nature; slurs and other verbal, graphic or physical conduct relating to an individual's sex; or any display of sexually explicit pictures, greeting cards, articles, books, magazines, photos or cartoons. WHAT TO DO IF YOU ARE SUBJECTED TO SEXUAL HARASSMENT: The employee should clearly and immediately tell the harasser that you find his or her comments or actions offensive and then request him or her to stop. Any sexual harassment incident should be reported to the Personnel Office. If the harassment continues, keep a record of the times, places and specifics of each incident, AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 181 of 225 11-9 including other people who might have observed the incident or your reactions. Each incident should be reported to the Personnel Office to allow interventions for the purpose of stopping the harassment. In the event of a serious incident or continuing sexual harassment, employees are encouraged to file a complaint. If you are a witness to sexual harassment: Don't ignore the situation, the victim may be too intimidated to speak up. Report what you saw or heard to one of the individuals below, immediately. By reporting sexual harassment, you help protect your co-workers and yourself. Since sexual harassment is such a serious charge, confidentiality is important. Keep what you saw between yourself and the person you are reporting it to. HOW TO FILE A COMPLAINT: Any employee who has a complaint of sexual harassment at work by anyone, including supervisors, co-workers, visitors, clients, or customers, is encouraged to report the incident at the earliest possible time. All complaints will be taken seriously and investigated promptly. Employees may file complaints with the Personnel Assistant Human Resources Office, Borough Manager or one additional employee appointed by the Manager to process and investigate sexual harassment complaints. The individuals' names and telephone numbers will be posted on the bulletin boards at all times. However, employees may file a sexual harassment complaint with ANY appropriate supervisor with whom they feel comfortable talking. The supervisor would then immediately forward the complaint to one of the individuals appointed to handle complaints. If the individuals holding the appointed positions change, the policy will be reviewed, and other individuals may be appointed to ensure an appropriate representation of males and females as investigators. Complaints can be verbal or written, but if an investigation ensues, complainants will be encouraged to submit a written complaint to facilitate investigation. Complaint forms will be available from the individuals appointed to handle complaints. All complaints will be kept confidential to the extent possible to investigate the incident. No individual will be adversely affected for bringing any violation of this policy to the attention of management. Retaliation in any form is prohibited. Supervisors who become aware of a harassment situation, whether created by employees or non-employees, should immediately notify one of the individuals noted above. Under Title VII of the Civil Rights Act of 1964, supervisors can be liable if they know about sexually harassing conduct and do not take any action. THE INVESTIGATION: The investigation will include interviews with all relevant persons including the complainant, the accused, and other potential witnesses. Employees are assured that the privacy of the complainant and the p erson accused of sexual harassment will be kept strictly confidential to the extent possible to investigate the incident. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 182 of 225 11-10 Any employee who divulges any information concerning their participation in an investigation will be subject to disciplinary action. The Investigator will review the findings with the complainant at the conclusion of the investigation and before any action is taken. If the investigation reveals that the complaint appears to be valid, immediate and appropriate corrective action, up to and including termination, will be taken to stop the harassment and prevent its recurrence. If the validity of the complaint cannot be determined, immediate and appropriate action will be taken to assure that all parties are re-acquainted with this sexual harassment policy and to avoid sexual harassment in the future. All investigative records of sexual harassment complaints will be kept in a locked file, separate from personnel files. The Kodiak Island Borough is committed to training and education programs that ensure awareness of this policy and awareness about the harm of sexual harassment in the workplace. This policy does not diminish, increase or otherwise change an employee's rights or responsibilities under the Kodiak Island Borough personnel rules and regulations. 1121 BLOODBORNE PATHOGENS POLICY Notice to All Borough Employees The Occupational Safety and Health Administration (OSHA) recently adopted new standards to protect workers from exposure to bloodborne pathogens. In developing these new regulations, OSHA made the determination that employees face a significant health risk as the result of occupational exposure to blood and other potentially infectious materials because they may contain bloodborne pathogens. These bloodborne pathogens include Hepatitis B Virus (HBV) which causes Hepatitis B, a serious liver disease, and Human Immunodeficiency Virus (HIV), which causes Acquired Immunodeficiency Syndrome (AIDS). The new regulations require that workers who may be occupationally exposed to human blood or body fluids must be protected against bloodborne pathogens and that records must be kept long-term on those employees. A list of classifications of Kodiak Island Borough positions based on determined levels of occupational exposure to bloodborne pathogens is provided in the Kodiak Island Borough Exposure Control Plan and can be found in Appendix C of this document. It is the policy of the Kodiak Island Borough that all employees subject to exposure to bloodborne pathogens (those rated at occasional to routinely occupationally exposed) be offered a free vaccination against Hepatitis B, as well as a health examination and any required medical follow-up after an actual exposure to blood or body fluids at no cost to the employee. Employees may decline this vaccination; however, the vaccination will be offered, and a written record will be kept. Vaccinations can be obtained from the employee's personal physician with charges to be billed to or reimbursed by the Kodiak Island Borough. The Kodiak Island Borough will provide workers risking exposure with appropriate protective clothing and equipment such as rubber gloves, masks and AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 183 of 225 11-11 eye protection. Employees at high risk are strongly urged to utilize this personal protective equipment at all times where potential exposure can occur. The Kodiak Island Borough will provide training on bloodborne pathogens for all positions. This training will occur upon initial employment, annually and at any time a person's job duties may change the kind or level of exposure. Medical records on covered employees will be kept for the length of employment plus thirty (30) years. Training records will be kept for three (3) years. IN THE EVENT OF EXPOSURE OR SUSPECTED EXPOSURE EMPLOYEES SHOULD FOLLOW THESE PROCEDURES: 1) Report incident to immediate supervisor and Exposure Control Officer. 2) Seek medical evaluation and follow-up after each exposure incident. 3) Employees MUST file an "EXPOSURE INCIDENT REPORT/INVESTIGATION FORM" (see sample form in Appendix B - Forms Section). 4) Submit completed forms to your supervisor. 5) Supervisors should document any additional information related to the incident. Documentation should include a discussion of corrective actions taken to prevent future exposure. Since a single exposure may result in an infection, OSHA believes that pre- exposure Hepatitis B vaccination of all occupationally exposed employees and post-exposure evaluation and follow-up after each exposure incident helps prevent infection, benefits the health of employees, and is both technologically and economically feasible. Copies of the Kodiak Island Borough Exposure Control Plan, outlining procedures and regulations in detail are to be kept in each department. Employees who have questions or need further information about this program may contact the designated Exposure Control Officer. The Kodiak Island Borough recognizes its duty to provide employees with a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. 1122 POLITICAL ACTIVITIES No provisions or part of this manual shall abridge the statutory or constitutional rights of any employee to engage in any legal political activity. Provided, however, no employee shall, directly or indirectly, during his/her hours of employment, solicit or receive funds, or at any time use his/her authority or official influence to compel any other employee to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 184 of 225 12-1 CHAPTER 12 GRIEVANCE PROCEDURE Section 1201 COMPLAINTS OR DISCUSSIONS While not considered a grievance as defined hereafter, employees may engage in informal discussions with management to attempt to settle or prevent problems prior to a formal grievance in writing, being filed. 1202 GRIEVANCE DEFINITION A grievance is hereby defined as a claim of violation, misinterpretation, inequitable application, or non-compliance with the provisions of this agreement or any supplemental agreement. A grievance shall be in writing and shall include the following: a. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence or the date when the grievant (s), became aware of the problem. b. The remedy or correction the Employer is requested to make. c. The section or sections of the manual relied upon or alleged to have been violated. d. The signatures of the grievant(s). e. The date the statement of the grievance was prepared. 1203 PROCEDURE All grievances shall be presented to the employees' immediate supervisor as soon as practicable but in no event later than ten (10) working days after the incident that generates the grievance occurs. Step One. Within ten (10) working days after written presentation of an alleged grievance, the affected employee and/or employees shall discuss the written grievance with the designated management representative for the work function to which the employee or employees are assigned in an effort to resolve the dispute or difference. Within these ten (10) working days, the employer will reply, in writing, to the employee. If this reply is unsatisfactory the alleged grievance may be moved to step two, provided written notification of such move is made within five (5) working days following the receipt of the management's step one response. Step Two. Within ten (10) working days after receipt of the notice from step one, the employee and the Borough Manager shall meet and discuss AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 185 of 225 12-2 the alleged grievance. The Borough Manager shall respond in writing to the employee within these ten (10) working days. 1204 ARBITRATION Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via the personnel Human Resources office within ten (10) calendar days from the date of the answer in step two, or if the grievance is not appealed to arbitration, it shall be considered terminated on the basis of the second step answers of the parties without prejudice or precedence in the resolution of future grievances. If a request for arbitration is tendered, the employee and the employer shall confer within five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no agreement can be reached, the parties shall select an arbitrator by the striking method from a list of ten (10) arbitrators supplied to the parties by the American Arbitration Association (AAA). The arbitrator shall be selected within (5) working days. The order for striking shall be determined by a toss of a coin. The employee shall toss the coin and the Borough Representative shall call out his choice. Arbitration shall commence as soon as possible following the appointment of the arbitrator. The applicable fees and expenses of the arbitrator shall be borne equally by the parties. Each party shall be responsible for the expenses of its own witnesses and any other expenses incurred on behalf of that party. 1205 AUTHORITY OF THE ARBITRATOR The arbitrator shall conduct a hearing according to generally accepted standards and procedures for grievance arbitration. The arbitrator shall have no authority to add to, alter, delete or modify the labor agreement or to issue any award on a matter not raised in the complaint. The decision of the arbitrator shall be final and binding on all parties. 1206 TIME LIMITS Failure of either party to act within the time schedule set forth in this procedure without the express written agreement of the other party will be considered a default and the grievance shall be considered to be settled in favor of the non- defaulting party. The parties may mutually agree in writing to modify the time limits at any step of the grievance procedures. The mailing of the grievance appeal or response shall constitute a timely appeal or response if postmarked within the appeal/response period. Both parties will provide the other with a list of designated representatives and addresses. In the application of this article, "working days" shall exclude Saturdays, Sundays, and holidays recognized by this manual. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. AGENDA ITEM #13.C.1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rul...Page 186 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues ORIGINATOR: Finance Director, Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2022-10 to public hearing at the next regular meeting of the assembly on March 3, 2022, and direct the clerk to advertise per KIB code section 2.30.070(B)(3). Staff Report - Finance Director, Dora Cross Assembly Discussion Roll Call Vote DISCUSSION: Statute section 29.45.100 of the State of Alaska does not allow restrictions on tax revenues for bonded debt. This ordinance removes the tax revenue restrictions not allowed on revenues collected to make bond debt payments from the Maximum Allowable Property Tax Revenue calculation in KIBC 3.25.030. In October of 2018, voters approved an ordinance by initiative which set a maximum allowable tax revenue limit for Borough taxes. Subsequently, the formula was amended in 2021 to clarify that the revenue tax limit only applied to areawide real and personal property taxes. If approved, this will be the second change to the original formula. Unlike the municipality the original formula was modeled after, our borough has a Debt Service fund which is not part of the General Fund. This means we already separate non-restricted tax revenues from restricted tax revenues. Our tax collection mill rate is based on the annual total debt service payments, less anticipated reimbursements and any excess/shortages that may occur each year are contained in the Debt Service fund and are already accounted for when calculating the next year's tax collection mill rate. Staff believes this second change to the formula will allow the formula to focus on limiting the tax revenues that can be limited, thereby preserving the intent of the original voter initiative. ALTERNATIVES: FISCAL IMPACT: None AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 187 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 188 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-10 Deletion – Red, Strikeout Page 1 of 4 Insertion – Blue Bold, Underlined Introduced by: Finance Department thru the Mayor 1 Drafted by: Borough Attorney 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-10 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE 10 CHAPTER 3.25 APPROPRIATION AND LEVY SECTION 3.25.030 MAXIMUM ALLOWABLE 11 PROPERTY TAX REVENUES, LIMITING RESTRICTIONS TO GENERAL FUND PROPERTY 12 TAX REVENUES 13 14 WHEREAS, On October 2, 2018 the voters of the Kodiak Island Borough approved an 15 ordinance by initiative setting out a maximum allowable tax revenue limit for Borough taxes; and 16 17 WHEREAS, In 2021 the Assembly amended the provisions to clarify that the maximum 18 allowable tax revenue limit applied to areawide real and personal property taxes only; and 19 20 WHEREAS, Alaska Statute Section 29.45.100 does not allow limitations on taxes to pay 21 bonded debt; and 22 23 WHEREAS, unlike other Alaska communities that use their General Fund for debt service 24 payments, the Kodiak Island Borough identifies a property tax levy specifically for debt service 25 and has a separate Debt Service Fund which accounts for revenues and expenses; and 26 27 WHEREAS, the exclusion of debt service from the calculation allows the formula to focus on 28 the variable areawide property tax revenues and would honor the purpose of the revenue 29 limitation while easing the administration of the revenue limitation ordinance; and 30 31 WHEREAS, the Kodiak Island Borough seeks to maintain a property tax revenue limitation but 32 leave non-limited debt service out of the formula. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that: 36 37 Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island 38 Borough Code of Ordinances. 39 40 Section 2: That section 3.25.030 of the Kodiak Island Borough Code of Ordinances is amended 41 to read as follows: 42 43 3.25.030 Maximum Allowable Property Tax Revenues 44 45 A. Except as provided in this section, the total amount of real and personal property taxes that 46 can be levied or imposed on an areawide basis (excluding amounts levied for debt service) 47 during a fiscal year shall not exceed the total amount approved by the borough assembly for 48 the preceding year by more than a percentage determined by adding the percentage increase 49 in the Consumer Price Index for Kodiak (or the Federal Consumer Price Index for Anchorage 50 if there is none available for Kodiak) from the preceding fiscal year. 51 52 AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 189 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-10 Deletion – Red, Strikeout Page 2 of 4 Insertion – Blue Bold, Underlined B. The limitations set forth in subsection A of this section do not apply to the following: 53 54 1. Tax on new construction or property improvements which occur during the current fiscal 55 year; 56 57 2. Any appropriation made to pay or secure payment of principal and/or interest on bonds; 58 59 3. 2. Taxes required to fund services authorized by voter-approved ballot issues; 60 61 4. 3. Funding of new judgments entered against the Kodiak Island Borough; 62 63 5. 4. Special appropriations necessary on an emergency basis to fund unavoidable expenses 64 ensuring the public peace, health or safety; 65 66 6. 5. Excise taxes, service area property taxes, non-areawide property taxes, property taxes 67 levied to pay debt service, and severance taxes. 68 69 C. The borough assembly shall use the formula and definitions for computation of the total 70 amount of borough property tax that can be levied or imposed by applying the provisions in 71 this section and shall, by May 31st of each fiscal year, publish its calculations showing these 72 computations. 73 74 D. The maximum tax revenue allowed under this section is computed for the next fiscal year as 75 follows: 76 77 Formula. The formula for the computation of maximum allowable tax revenue is: 78 ( A B) + D B + F C = G D where: 79 80 “A” equals the amount of property tax revenue derived from actual taxes levied on taxable real and personal property on an areawide basis in the current fiscal year excluding taxes levied for debt service; “B” equals the amount of the actual payment of principal and interest on bonds made in the current fiscal year, less actual state reimbursement for school construction debt; “D B” is product of the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Kodiak, Alaska, (or for Anchorage, Alaska, if not available for Kodiak) during the prior fiscal year (CPI) and the net taxes levied (A - B) in the current fiscal year; “F C” equals the total amount of all exclusions under subsection B of this section, and is the sum of all the following: F C.1. The taxes on new construction or property improvements equal the projected tax revenue from the value of that new construction or property improvements, computed by multiplying the areawide property tax rate applied to properties during the current fiscal year by the assessed value of the new construction and property improvements; AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 190 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-10 Deletion – Red, Strikeout Page 3 of 4 Insertion – Blue Bold, Underlined F.2. The principal and interest due in the next fiscal year on bonds, less state reimbursement for school construction debt, plus any over-adjustment or under- adjustment to actual reimbursement from the current year; F C.3 2. Areawide property taxes to provide voter-approved services; F C.4 3. Areawide property taxes for new judgments; F C.5 4. Special appropriations necessary on an emergency basis; “G D” equals the maximum allowable tax revenue for the next fiscal year. 81 E. The point in time to use for the proper calculation of allowable property tax mill rates, shall 82 be the next tax rolls as certified by the borough assessor on July 1st of each year. This 83 specific point in time shall be utilized for both the figures in the prior year and the current 84 year. 85 86 F. As used in this section, the following definitions apply: 87 88 “Current fiscal year” is the fiscal year during which the next fiscal year budget is prepared. 89 90 “Emergency” is the imminent threat of or the occurrence of widespread damage, injury, or 91 loss of life resulting from any natural or manmade cause, including, but not limited to, fire, 92 explosion, flood, earthquake, landslide, mud slide, volcanic activity, avalanche, weather 93 conditions, epidemic, blight, infestation, riot, loss of public utilities, shortage of food, water, 94 fuel or clothing, or the accidental release or discharge of toxic substances or hazardous 95 substances. 96 97 “Emergency” does not include appropriations for the normal operations of the borough. 98 99 “Fiscal year” means the fiscal year (July 1st through June 30th) for the Kodiak Island 100 Borough. 101 102 “New construction or property improvements” means any improvement which generates a 103 taxable value not on the tax roll for the current assessment year, including but not limited 104 to: 105 106 1. Construction which increases the value of the property; 107 2. Any change in the status of land. 108 109 “New judgment” means the judgment reserved sufficient to cover the total cost of all 110 judgments and arbitration awards during the next fiscal year, including: 111 112 1. Principal, interests, fees and costs; 113 2. Additional services which may be required by a court order. 114 115 “Next fiscal year” is the fiscal year following the current fiscal year and for which the new 116 budget is being prepared. 117 118 “Prior fiscal year” is the fiscal year immediately preceding the current fiscal year. 119 AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 191 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-10 Deletion – Red, Strikeout Page 4 of 4 Insertion – Blue Bold, Underlined “Voter-approved services” includes but is not limited to: 120 121 1. An areawide service specifically authorized by the voters in any ballot issue; 122 123 2. Programs directly related to voter-approved capital projects which are in addition to 124 services in the current fiscal year budget; 125 126 3. Taxes required to provide a “voter-approved service” are the estimated first full-year 127 costs of voter-approved services less revenue other than taxes projected to be 128 generated from the voter-approved services, for the number of months in the next fiscal 129 year for which the voter-approved service will be provided. 130 131 Effective Date: This ordinance takes effect upon adoption. 132 133 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 134 135 THIS DAY OF , 2022. 136 137 KODIAK ISLAND BOROUGH 138 139 ATTEST: 140 ___________________________ 141 William Roberts, Mayor ___________________________ 142 Alise L Rice, Borough Clerk 143 144 VOTES: 145 Ayes: 146 Noes: 147 AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 192 of 225 32nd Legislature(2021-2022) Alaska Statutes 2020 TITLE 29. MUNICIPAL GOVERNMENT. Sec. 29.45.100. No limitations on taxes to pay bonds. The limitations provided for in AS 29.45.080 — 29.45.090 do not apply to taxes levied or pledged to pay or secure the payment of the principal and interest on bonds. Taxes to pay or secure the payment of principal and interest on bonds may be levied without limitation as to rate or amount, regardless of whether the bonds are in default or in danger of default. AGENDA ITEM #13.C.2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinance...Page 193 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 Foreclosed Properties KIB/Pearson, James S, KIB/Reames,Dale, KIB/Nies,Iona F, and KIB/Inga Sr, Martin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ORIGINATOR: Finance Director, Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2022-11 to public hearing at the next regular meeting of the assembly on March 3, 2021. Staff Report - Finance Director, Dora Cross Assembly Discussion Roll Call Vote DISCUSSION: These properties were acquired by the Borough on September 13, 2021 through the 2019 foreclosure process. The acquisition of these properties followed both the Borough codes and State of Alaska statutes regarding the foreclosure process. This ordinance establishes the Borough's findings by Planning and Zoning Resolution No. FY2022-01, a 'public need' does not exist and classifies them as surplus. As surplus property, these properties could be made available for sale by the assembly at a later date. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 194 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-11 Page 1 of 4 Introduced by: Borough Manager thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-11 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 9 THE DISPOSITION OF TAX FORECLOSED PROPERTY ACQUIRED BY CLERK’S DEED IN 10 2019 AND ESTABLISHING INTENTION TO SURPLUS AND SELL SAID PROPERTY BY 11 FINDING THAT A PUBLIC NEED DOES NOT EXIST FOR THE PROPERTY AND 12 AUTHORIZING THE PROPERTY FOR IMMEDIATE DISPOSAL (P&Z Case 22-008) 13 PLANNING AND ZONING RESOLUTION NO. FY2022-01. 14 15 WHEREAS, the Kodiak Island Borough acquired by clerk’s deed as a result of tax foreclosure 16 procedures for tax year 2019, property described as: 17 18 A parcel located at 3300 Mill Bay Road, Kodiak, AK, formerly owned by James S Pearson which 19 is identified as KIB Parcel PID 16328, and by its LEGAL DESCRIPTION: LOT “E” ONE “B” TWO 20 (E-1B2) OF THE RESUBDIVISION OF TRACT “E” UNITED STATES SURVEY NO. 3218, 21 according to Plat No. 76-24, located in the Kodiak Recording District, Third Judicial District, State 22 of Alaska, as a result of the tax foreclosure procedure; and 23 24 A parcel located at NHN Karluk, AK, formerly owned by Dale Reames, which is identified as KIB 25 Parcel PID 17038, and by its LEGAL DESCRIPTION: UNITED STATES SURVEY NO. 153, 26 according to Plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 27 Alaska, as a result of the tax foreclosure procedure; and 28 29 A parcel located at NHN Shearwater Bay, AK, formerly owned by Iona F Nies which is identified 30 as KIB Parcel PID 19471, and by its LEGAL DESCRIPTION: TRACT “G”, ALASKA STATE LAND 31 SURVEY NO 2002-14, according to Plat No. 2004-13, located in the Kodiak Recording District, 32 Third Judicial District, State of Alaska, as a result of the tax foreclosure procedure; and 33 34 A parcel located at Elderberry Street Old Harbor, AK, formerly owned by Martin Inga Sr which is 35 identified as KIB PID 19777, and by its LEGAL DESCRIPTION: LOT FIVE (5), BLOCK NINE (9), 36 according to Plat No. 84-53, a vacation and replat of Tract “F”, and a subdivision of a portion of 37 Tract “E”, OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO. 4793, located in the 38 Kodiak Recording District, Third Judicial District, State of Alaska, as a result of tax foreclosure 39 procedure; and 40 41 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 42 (a) The municipality shall determine by ordinance whether foreclosed property deeded to the 43 municipality shall be retained for a public purpose. The ordinance must contain the legal 44 description of the property, the address, or a general description of the property sufficient to 45 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 195 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-11 Page 2 of 4 provide the public with notice of its location, and the name of the last record owner of the property 46 as the name appears on the assessment rolls. 47 48 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a 49 public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, 50 the municipality, by ordinance, shall determine that a public need does not exist. The ordinance 51 must contain the information required under (a) of this section; and 52 53 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed this 54 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 55 by Resolution No. FY2022-01 on the parcel’s disposition by recommending that this property 56 should NOT be retained for a public purpose; and 57 58 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee 59 land sale with the vacant resource manager position; and 60 61 WHEREAS, the Kodiak Island Borough Finance Director has reviewed the Commission’s 62 action, as required by KIBC 18.10.030; and 63 64 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 65 properties described as LOT “E” ONE “B” TWO (E-1B2) OF THE RESUBDIVISION OF TRACT 66 “E” UNITED STATES SURVEY NO. 3218, according to Plat No. 76-24, located in the Kodiak 67 Recording District, Third Judicial District, State of Alaska, UNITED STATES SURVEY NO. 153, 68 according to plat thereof, located in the Kodiak Recording District, Third Judicial District, State of 69 Alaska, TRACT “G”, ALASKA STATE LAND SURVEY NO 2002-14, according to Plat No. 2004-70 13, located in the Kodiak Recording District, Third Judicial District, State of Alaska, and LOT FIVE 71 (5), BLOCK NINE (9), according to Plat No. 84-53, a vacation and replat of Tract “F”, and a 72 subdivision of a portion of Tract “E”, OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO. 73 4793, located in the Kodiak Recording District, Third Judicial District, State of Alaska, are declared 74 not to be of “public need” and be offered for immediate sale; and 75 76 WHEREAS, less than ten (10) years have elapsed since the expiration of the redemption period 77 of these parcels, thus the Borough is required to send a notice of the public hearing to the last 78 known address of the former record owner within five days of the first publication of notice of the 79 hearing on this ordinance. 80 81 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 82 BOROUGH THAT: 83 84 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 85 Kodiak Island Borough Code of Ordinances. 86 87 Section 2: That the parcel located at 3300 Mill Bay Road, Kodiak, AK, and identified by number 88 16328; Legal Description: LOT “E” ONE “B” TWO (E-1B2) OF THE 89 RESUBDIVISION OF TRACT “E” UNITED STATES SURVEY NO. 3218, according 90 to Plat No. 76-24, located in the Kodiak Recording District, Third Judicial District, 91 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 196 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-11 Page 3 of 4 State of Alaska and formerly owned by James S Pearson has been acquired by the 92 Kodiak Island Borough by clerk’s deed for delinquent property tax accounts for the 93 year 2019 dated September 13, 2021, recorded as Document 2021-001860-0 in the 94 Kodiak Recording District, State of Alaska, Third Judicial District, pursuant to tax 95 foreclosure, and it has been determined that a public need does not exist to retain 96 this property for Borough purposes, and the property will be sold at the earliest 97 opportunity to do so. 98 99 Section 3: That the parcel located at NHN Karluk, AK, and identified by number 17038; Legal 100 Description: UNITED STATES SURVEY NO. 153, according to Plat thereof, located 101 in the Kodiak Recording District, Third Judicial District, State of Alaska and formerly 102 owned by Dale Reames. has been acquired by the Kodiak Island Borough by clerk’s 103 deed for delinquent property tax accounts for the year 2019 dated September 13, 104 2021, recorded as Document 2021-001860-0 in the Kodiak Recording District, State 105 of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 106 determined that a public need does not exist to retain this property for Borough 107 purposes, and the property will be sold at the earliest opportunity to do so. 108 109 Section 4: That the parcel located at NHN Shearwater Bay, AK, and identified by number 19471; 110 Legal Description: TRACT “G”, ALASKA STATE LAND SURVEY NO 2002-14, 111 according to Plat No. 2004-13, located in the Kodiak Recording District, Third 112 Judicial District, State of Alaska and formerly owned by Iona F Nies. has been 113 acquired by the Kodiak Island Borough by clerk’s deed for delinquent property tax 114 accounts for the year 2019 dated September 13, 2021, recorded as Document 2021-115 001860-0 in the Kodiak Recording District, State of Alaska, Third Judicial District, 116 pursuant to tax foreclosure, and it has been determined that a public need does not 117 exist to retain this property for Borough purposes, and the property will be sold at 118 the earliest opportunity to do so. 119 120 Section 5: That the parcel located at Elderberry Street, Old Harbor, AK, and identified by number 121 19777; Legal Description: LOT FIVE (5), BLOCK NINE (9), according to Plat No. 84-122 53, a vacation and replat of Tract “F”, and a subdivision of a portion of Tract “E”, 123 OLD HARBOR TOWNSITE, UNITED STATES SURVEY NO. 4793, located in the 124 Kodiak Recording District, Third Judicial District, State of Alaska and formerly owned 125 by Martin Inga Sr. has been acquired by the Kodiak Island Borough by clerk’s deed 126 for delinquent property tax accounts for the year 2019 dated September 13, 2021, 127 recorded as Document 2021-001860-0 in the Kodiak Recording District, State of 128 Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 129 determined that a public need does not exist to retain this property for Borough 130 purposes, and the property will be sold at the earliest opportunity to do so. 131 132 Section 6: The finance director is directed to offer the property immediately by sealed bid auction 133 and the highest bidder will take ownership. The parcel shall be considered sold 134 when the bid is accepted. 135 136 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 197 of 225 Kodiak Island Borough, Alaska Ordinance No. FY2022-11 Page 4 of 4 Section 7: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 137 based on the minimum bid amount shown in the bid packet. The remaining balance 138 must be paid within thirty (30) days. The Assembly may, by resolution, provide for 139 additional sale procedures and terms. 140 141 Section 8: If the property remains unsold after being offered for sale by sealed bid, the property 142 may be listed online for sale to any approved party for at least the minimum cost. 143 Any parcel sold by this method will be considered sold when the Borough accepts 144 an offer for the property. 145 146 Section 9: This ordinance shall become effective as provided in KIBC 1.10.040. 147 148 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 149 THIS __________ DAY OF _______________, 2022. 150 151 KODIAK ISLAND BOROUGH 152 ATTEST: 153 154 ___________________________ 155 Mayor William Roberts ___________________________ 156 Alise L. Rice, Clerk 157 VOTES: 158 Ayes: 159 Noes: 160 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 198 of 225 Case 22-008:Request a Tax Fereclose property review. Location:U55 3218 TR E-1I—2MILLIAY ROAD https:h'wwv.-.r.kuiekek.ustlSfcemmunily-Ievelspment II?-4lB-I363 This map is previded fer intennetienel purposes only end is net intendecl fer any legal representetiens.community Development Department JACOBSDN SUB LT 1 JACOBSON SUB LT_2 WOODLANDAC __——=-r-_*—=='-"===‘=="BK1 LT 3‘fa,_.=====_.=,-_:=:.-.__.._._?g :--= 4*"xi?g U55 3213/E?»::LTV1'$$?_ 11 REZANOFMHP wk, h ::..'=‘-"-"?g?“wit u g??3,, I:‘ax-""4 “xxll,¢-xx :1 ’__,._-5’ma“}¢»"""U33 3213 LT -an WOOD‘-3”” G_1 M|L|_‘Ex AC 2ND B KBAY’RD ‘xx 1 LT 1A «a»was U33 3213 LT G 2 MILL U55 3218 L TH-1 MILL BAYRD USS 3218 TR D-2 MILL BAYRD U55 3213 T RE-1B-2 MIL USS 3218 T HC-‘IAMILL BAY ROAD USS 3213 TR E-2A MILLBAYR U58 3213 TH E1-A MILLBAY R U55 3213 T RD-1 MILL BAY RD USS 3218 T RE-3 MILL WOODLANDA C7THTRC-1A U33 3218 TR R-2A U58 1582 TR B-1 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 199 of 225 we Case 22-O08:Request a Tax Foreclose property review. Location:OLD HARBORTR E IK 9 LT 5 Public Hearin -Notice Feet 0 95 150 33:}Q Th’-mu "r r :nu :m.ww.ku'kak.ynsrc '-I I tmg’;$f:,"i;’n'{;,°i}',,,",’.,d,'j’,',:,°af,';“,_E1;';?,§“P,'§:::;?um‘Community Development Department P5 Ii .'l;_4“_'If5I;1:eve Ipmen A 1ALT9 TRFBK 5LT4A TRFBK 1ALT1U 3%E51“WEEK 10 LT2 ViewR ‘IALT 1 THEB KQLTB TREBK TRFBK BLT 10 1!‘.LT 1 3 LT 4A 11 LT1 QLTB 9LT5 9LT? TRFBK TRFBK BLT5 AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 200 of 225 “I'I'I'I'I'I'I'I'I'I'I'I'I'I'I 7”\'I'I'I'I n 1 am we Public Hearin -Notice E! I:Parcels 0 55:.Subject Parcel df -htt Jfvnuwk d‘kak C '-D I t,2”," ,1 med,9';,Community Development Department "5 '3''3 9%';';""""5'3””°"""""”This apis ruvida nrhfmmathnal rposas onl i nuli ta nranylagalra rasaruaians ASLS 2002-14 TR E SHEARWATER BA ASLS 2002-14 T RHSHEARWATE R T325 R22W EAGLE HARBO USS 12076 SHEARWATER BAY T333 R23W T333 R22 .usIB5I AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 201 of 225 Case 22-00.8:Request a Tax Foreclose property review. Location:USS 153 NE HARBOR ma 5'and Public Hearin -Notice 0 2 450 lermatranal purposes any an representatiuns Feet 4 900 9 B00 Community Development Department ‘:Parcels Subject Parcel |'I?pS.)'.M"H'Wkodiakakusrasfcemmunity-Develepment 90?-436-9363 T308 R31W SEC Thu p is prcwidad for Ifl onl rs nut 1ntandad fu T303 R31 WSEC12 T298 R32W T295 R31W T308 R32W T305 R31W AGENDA ITEM #13.C.3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 202 of 225 -‘222— '»/J WHEREAS,KIBC 18.10.0130 states that upon acquisition of any real property,including real property acquired by tax foreclosure,the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to the public use,reserved for future use to meet projected borough requirements,or made available for sale,lease or other disposition in conformance to the borough comprehensive land use plan ;and WHEREAS,KIBC 18.20.030.A states that each disposal of borough land is subject to revie wbytheplanningandzoningcommissionbeforesubmissiontotheassembly.The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal;and WHEREAS,at the regular planning and zoning meet ng on December 15,2021,the commission did review the four (4)parcels presented to them by the KIB finance department; and WHEREAS,the commission approved the re ommendation made by staff in the staff report dated November 23,2021;and WHEREAS,the commission now wishes to formalize those recommendations by resolutio nfortransmissiontotheassembly NOW,THER FORE BE IT RESOLVED BY TH KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION that Section 1:THE FOUR (4)PARCELS IDENTIFIED IN THE TABLE LABELLED ATTACHMENT A BE DEC ARED NOT TO B 0 PUBLIC NEED" AND OFFER D AT A FUTURE KIB LAND SALE Kodiik Island Borough,Alaska Re olutioii [Y 0 00l l\)l\ll\JI\)I\J 'y D ev el op m en t Department unit y Director In tr od uc ed on:01/19/ 2022on01/19/2022 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO.FY2022-01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND COMMISSION RECOMMENDING TO TH KODIAK ISLAND BOROUGH THAT THE FOUR (4)PARCELS IDENTIFIED IN THE TABLE LABELLED ATTAC HMEN T ABE DECLARED NOT TO BE OF "PUBLIC NEED"AND OFFERED AT A FUTU RE KIBLANDSALE. Intro duce d by:Communu tD ra ft e d by:Comm 123456 AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 203 of 225 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS E;DAY OF JANUARY ,2022. PLANNING AND ZONING COMMISSION Alan Schmitt,Chair Seema aro te CDD Director VOTES: Ayes Noes: Kodiak Island Borough,Alaska ResoIution FY2022 001 AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 204 of 225 4 I’ ‘ NHN KARLUK Physical Address NHN OLD HARB OR 98 99 I00 I01 I02 I03 I04 I05 ATTACHM ENT A KODIAK URBAN AREA &ROAD SYSTEM: Physical Address LEGAL DESCRIPTIO N USS 3218 TR E-1 B-2 BAYROAD KODIAK ISLAND REMOTE: Physical Address LEGAL DESCRIPTION NHN ASLS 2002-14 TR G USS 153 NE HARBO R KODIAK ISLAND VILLAGES: LEGAL DESCRIPTIO N OLD HARBOR TR E 9LT5 W S F R 3300 MILL B A Y R O A D Zone U se B U S/ I M P K o di a k Islan d Borough,Alzmka Zone WH V A R e s ol ut io n l<Y202200! Z o AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 205 of 225 202 - 00 860- 0RecordingDis t: 3 0 3 -Kodiak 9/21/2021 03: 07 PMPages:1of4 CLERKSDEED In Re:Delinguent Prog erty TaxAccountsfortheYear2019andPriorYears intheKodiakIslandBorough 3K0-20-0029Cl T hi rd JudicialDistrictatKodiak,Alaska For recording in the Kodi ak R ec or di ng District Third Judicial District,Sta te ofAlas ka After Recording Return to : KODIAKISLANDBO RO U G H Attn:Revenue Acc ount ant 710 Mill Bay Road Kodiak,AK99615 D O N O T DETA CH C O V E R PAGE e Document ALASKA AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 206 of 225 c\KEENE &CURRALL,PPC540WATERSTREET,SUITE 302,KETCHIKAN,ALASKA99901Ph:(907)225 -4131,Fax:(907)225 —0540 Scott A.Brandt-Erichsen AlaskaBar No:8811175 KEENE&CURRALL,PPC 540 Water Street,Suite 302 Ketchikan,Alaska 99901 Phone:(907)225-4131 Fax:(907)225-0540 E-mail:courtdocs@keenecurrall.com Attorneys for Kodiak Island Borough IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIALDISTRICT AT KODIAK IN RE:DELINQUENTTAXES ANDSPECIALASSESSMENTSFORTHEYEAR2019ANDPRIORYEARS,IN THE KODIAK ISLAND BOROUGHANDCITIESWITHINTHEKODIAKISLANDBOROUGH,ALASKA. CASE NO.3K0-20-29 CI DEED BY CLERK OF COURT TO KODIAK ISLAND BOROUGH,ALASKAWhereas,an Order,Final Judgment and Decree was entered in the above-entitledmatter on June 24,2020;and Whereas,the one-year period of redemptionprovided for by AS 29.45.400expires thirty17 (30)days after the first publication of a redemptionperiod expiration notice;and18 Whereas,such notice provided for by AS 29.45.44Owas duly made in respect to the19 20 property describedbelow,which first publication was on July 16,2021. 22 Cowley,Clerk of the Superior Court for the Third Judicial District at Kodiak,Alaska,20423MissionRoad,Room 124,Kodiak,Alaska 99615,convey and quitclaim to the Kodiak Island2425DEEDBYCLERKOFCOURTTOKODIAKISLANDBOROUGH,ALASKA-PAGE 1 OF 3INRE:DELINQUENTTAXESANDSPECIALASSESSMENTSFOR THE YEARS20/9 AND PRIOR YEARSCASE NO.3K0-20-29ClS\KlB (20.13!B)\PIendmg:\Deed by Clark of CourteRecordedDocument Ill|||l||||||||||||||||||l|l2of42021-001 860-0 AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 207 of 225 1 Borough,Alaska,whose address is:710 Mill Bay Road,Kodiak,Alaska 99615,the following 2 3 4 15 17 KEENE &CURRALL,PPC540WATERSTREET,SUITE 302,KETCHIKAN,ALASKA 99901Ph:(907)225 -4131,Fax:(907)225 —0540I 20 22232425eRecordedDocumerrtl describedproperties: 1.LOT “E”ONE “B”TWO (E-1B2)OF THE RESUBDIVISIONOF TRACT “E”,UNITED STATES SURVEY NO.3218,according to Plat No.76-24,located in the Kodiak Recording District,Third Judicial District,State of Alaska. This property is also identifiedas “PID 16328”. 2.UNITED STATES SURVEY NO.153,according to the official Plat thereof,located in the KodiakRecording District,Third Judicial District,State of Alaska. This property is also identified as “PID 17038”. 3.TRACT “G”,ALASKA STATE LAND SURVEY NO. 2002-14,according to Plat No.2004-13,located in the Kodiak Recording District,Third Judicial District,State of Alaska. This property is also identified as “PID 19471”. 4.LOT FIVE (5),BLOCK NINE (9),according to Plat No.84- 53,a vacation and replat of Tract “F”,and a subdivision of a portion of Tract “E”,OLD HARBOR TOWNSITE,UNITED STATES SURVEY NO.4793,located in the Kodiak Recording District, Third Judicial District,State of Alaska. This property is also i ntified as ‘‘PID 19777”. DATED this /.3wdgy-o_f'7 ad if I {L}.C._O 1'‘.29.-"1_. U 1 § STATE or ALASKA »_é )ss: THIS IS TO CERTIFY that on this day of before me,theundersigned,a Notary Public in and for the State of Alaska,duly commissionedand sworn,personally appeared J.Suzanne Cowley to me known to be the Clerk of the Superior Court,known to be the person who executed the foregoing instrument who on oath stated that she wasdulyauthorizedtoexecutesaidinstrumentonbehalfoftheStateofAlaska,Superior Court,whoDEEDBYCLERKOFCOURTTOKODIAKISLANDBOROUGH,ALASKA-PAGE 2 OF 3INRE.‘DELINQUENTTAXESAND SPECIALASSESSMENTSFOR THE YEARS20I9 AND PR/OR YEARSCASE NO.3K0-20-29C1S\KlB (20 215 B)\Pludm3:\DeedbyClerk of Court 3 of 42021-001 860-0 AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 208 of 225 1 acknowledged to me that she signed and sealed the same freely and voluntarilyon behalf of the State of Alaska,for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certi?cate first above written. i certifythat thisis a full, true andcorrectcoPY°l 3.”theoriginaldocumentontilein KAlaskaTrialCourtsatK0dl3- Witnessmy handandthe sealol the court. KEENE &CURRALL,PPC540WATERSTREET,SUITE 302,KETCHIKAN,ALASKA 99901Ph:(907)225 -4131,Fax:(907)225 —0540E I5 16 17 18 202122 icermF|BrEr3H1r\CT)ACOPYOFTHEABOVEVVA‘.-,«""DEPOSITEDINDlSTRlBUTlONARY"§E_‘é“'SlEE'3%jEr'éSrP2G§rti » c g;§_v\»fg;§~lll||||||||||||||l|||||||||I24Rn‘"CLERK W DATE 2021-001360-o25DEEDBRKorCOURTTOKODIAKISLANDBOROUGH,ALASKA-PAGE 3 OF 3INRE.‘DELINQUENTTAXESAND SPECIALASSESSMENTSFOR THE YEARS2019 AND PRIOR YEARSCASE NO.3K0-20-29ClS\KlB (10335 B)\PleIdm5s\DeedbyClerk of CourteRecordedDocument‘AGENDA ITEM #13.C.3.Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 For...Page 209 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road Service Area, Mr. Alan Wolf. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Alan Wolf to the Mission Lake "Tide Gate" Road Service Area Board seat for a term to expire October 2024. Staff Report - Deputy Clerk, Lina Cruz Assembly Discussion Roll Call Vote DISCUSSION: On January 20, 2022, the Clerk's office received Mr. Wolfs application for the Mission Lake "Tide Gate" Road Service Area Board seat that expires October 2024. Mr. Wolf currently resides at 2138 Spruce Haven Lane, this qualifies him for the service area seat. He has resided in the service area for 8 years. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.100.070 Vacancies. A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. AGENDA ITEM #13.D.1. Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road...Page 210 of 225 Revision Date: 12/16/2021 Revised by: MD MISSION LAKE “TIDE GATE” SERVICE AREA BOARD BOROUGH MANAGER, DAVID CONRAD 486-9357 dconrad@kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Randal Ensign P.O. Box 3133 Kodiak, AK 99615 2022 (907) 486-5350 None (907) 539-2350 randyensign53@gmail.com Craig Johnson (Chair) P.O. Box 207 Kodiak, AK 99615 2023 (907) 486-2020 (907) 486-4826 (907) 486-5000 (907) 486-2020 (907) 654-7712 craig.johnson@edwardjones.com VACANT 2024 This board is governed by the Kodiak Island Borough Code 4.130 AGENDA ITEM #13.D.1. Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road...Page 211 of 225 Please complete the online form below.Please be aware that the information given on your application is made available to the public.Staff will require the use of a mailing address,email address,and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Beard,C0mmiSSi0n,Mission Lake Tide Gate Service Area Board or Committee applying for Designated Seat 0|’BFOUP Field not completed. representation (if applicable): Full Name AI-anWolf Residence Address 2138 Spruce Haven Lane Mailing Address PO Box 791,Kodiak,AK 99615 Email Address (This address E|kehound@gmai|_com will be used for correspondence) Home Phone Number 9074350430 (numeric only) Work Number (numeric only)9070000000 Cell or Fax Number (numeric 9079420247 only) RESIDENCY INFORMATIONLengthofresidencyinKodiak 14 yearsRegisteredtovoteinKodiak?YesFORSERVICEAREABOARDAPPLICANTS Alise Rice From:norep|y@civicp| us.comSent:Thursday,January20,202210:00AM To°Clerks Subject:OnlineFormSubmittal:BoardApplicationFormB o ar d App licat ion Form AGENDA ITEM #13.D.1.Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road...Page 212 of 225 Length of Residence in Service 3 years Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards,Commissions,or Committees? If YES,Whiflh Field not completed. Organizations you belong to Fie/d not comp/eted, or participate in EXPI3InYOUVmain F9350“f0F Others in the area asked me to apply applving What background,experience,I [we on Mission Lake or expertise will you bring to the board/committee/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6)and 4.15.070 (A.7)Other than by expiration of the members term,the assembly shall declare a seat vacant when a member of the board misses three consecutively held regular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Applicant's Residence:Borough 11 CityDateofAppointmentTermExpiresOnAppointmentLetterRosterOathofOf?ceAPOCPOFD Statement:N/A Attached On File E m ai l notdisplayi ng correctly?Viewitinyourbrowser.AGENDA ITEM #13.D.1.Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road...Page 213 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Ms. Brandi Wagner. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to confirm the mayoral appointment of Ms. Brandi Wagner to an at large seat on the Consolidation Committee. Staff Report - Deputy Clerk, Lina Cruz Assembly Discussion Roll Call Vote DISCUSSION: On February 3, 2022, the Clerk's office received Ms. Wagners application for the Consolidation Committee at large seat. Ms. Wagner currently resides at 1115 Purtov St, this qualifies her for the consolidation at large seat. She has resided in the Borough for 31 years. Her main reasons for applying are to help be a part of the solution for more transparent and efficient government within the City and Borough. What background, experience, and expertise will you bring to the committee? Ms. Wagner responded "As someone who is a problem solver by nature, I enjoy researching and asking questions to help find solutions. I also am a listener and am able to help distill information down to identify goals and challenges. I previously served on the Sun'aq Tribal Council, filling in as a chairperson many times. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code 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. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 214 of 225 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 215 of 225 Note: The Co– Chair is elected by the committee. The Chairs are recommended by the Mayor and confirmed through the assembly. Revision Date: 12/17/2021 KODIAK CONSOLIDATION COMMITTEE KODIAK ISLAND BOROUGH SEAT NAME PHONE EMAIL Borough Government Representative (Chair) Alternate Assembly Member Mr. Jared Griffin Assembly Member Mr. James Turner (907) 942-1903 (206) 316-0482 jared.griffin@kibassembly.org james.turner@kibassembly.org City Government Representative Alternate Councilmember Mr. John Whiddon Mayor Pat Branson (907) 942-4650 (907) 539-5720 jwhiddon@city.kodiak.ak.us pbranson@city.kodiak.ak.us Borough 2nd Class City Village Representative Alternate City of Port Lions Mayor Dorinda Kewan VACANT (907) 454-2332 cityofportlions@gmail.com At -Large VACANT At -Large VACANT At -Large Mr. Tyler Kornelis (907) 654-5620 tykornelis@gmail.com At -Large Mr. Justin Thran (775) 790-4551 justin.thran@hotmail.com At -Large VACANT Vice-Chair Mr. Paul VanDyke (907) 942-2904 kodpvd@gmail.com Ex-Officio, Non Voting Borough Manager (or designee) Borough Manager Mr. David Conrad (907) 486-9301 dconrads@kodiakak.us City Manager (or designee) Deputy City Manager Ms. Josie Bahnke (907) 654-4474 jbahnke@city.kodiak.ak.us AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 216 of 225 Note: The Co– Chair is elected by the committee. The Chairs are recommended by the Mayor and confirmed through the assembly. Revision Date: 12/17/2021 NOTE: This board is governed by KIBC 2.100 Per KIBC 2.100.170 An ex officio member is not entitled to vote on any question nor is an ex officio member a member for the purpose of establis h- ing a quorum. SPECIAL PROJECTS SUPPORT, MEAGAN CHRISTIANSEN 486-9303 mchristansen@kodiakak.us ADMINISTRATIVE ASSISTANT, LISA ZEIMER 486-9301 lzeimer@kodiakak.us OFFICE OF THE BOROUGH MANAGER 710 MILL BAY ROAD ROOM 125 STAFF: AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 217 of 225 Please complete the online form below.Please be aware that the information given on your application is made available to the public.Staff will require the use of a mailing address,email address,and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board.Commission.Consolidation Committee or Committee applying for Designated seat or group At-|_arge representation (if applicable): FUIIName Brandi Wagner Residence Address 1115 Purtov st Mailing Address Po Box 1605 Email Address IThIsaddress brandi.m.wagner83@gmail.com will be used for correspondence) Home Phone Number 9079423120 (numeric only) Work Number (numeric only)9074869323 Cell or Fax Number (numeric 9079423120 only) RESIDENCY INFORMATIONLengthofresidencyinKodiak 31 yearsRegisteredtovoteinKodiak?YesFORSERVICEAREABOARDAPPLICANTS Lina Cruz From:norep|y@civicp| us.comSent:Thursday,February3,20223:52PM T o‘Clerks Subject:OnlineFormSubmittalzBoardApplicationFormB o ar d App licat ion Form AGENDA ITEM #13.D.2.Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 218 of 225 Length of Residence in Service Field not completed Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards,Commissions,or Committees? If YES.Which Field not completed. Organizations you belong to Field not completed or participate in EXPIBINYOUTmain F9350”f0|'I am applying to help be part of the solution for more BPPIYITIE transparent and efficient government within the City and Borough. What background.EXPGVIEVICE.As someone who is a problem-solver by nature,I enjoy Or expertise WI“YOUbring t0 researching and asking questions to help find solutions.I the __also am a listener and am able to help distill information I303rd/°°m_m'ttee/C°mm'55'°”down to identify goals and challenges.I previously served on member5h'p?the Sun'aq Tribal Council,filling in as chairperson many times. Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6)and 4.15.070 (A.7)Other than by expiration of the members term,the assembly shall declare a seat vacant when a member of the board misses three consecutively held regular meetings and is not excused. Registered Voter of the Borough:Y NApplicant's Res'dence:Borough CityDateofAppointmentTermExpiresOnAppointmentLetterRosterOathofOf?ceAPOCPOFD Statement:N/A Attached On File E m ai l notdisplayi ng correctly? Vi e w itinyourbrowser.AGENDA ITEM #13.D.2.Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 219 of 225 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – January 2022 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Roxanne Murphy, Borough Manager Dave Conrad, Engineering/Facilities Director RE: Monthly Projects Report for Period Ending January 31, 2022 BOROUGH BUILDING BOILER ROOM UPGRADES Project Description: This project is for replacement of the boilers at the Borough Building, including abatement of pipe insulation and gaskets as required. The boilers are over 50 years old and well past their useful life. The project scope includes replacing the generator for the Borough Building as well as an alternate bid to replace the boilers for the adjacent maintenance building. Current Status: Jensen Yorba Wall and RSA Engineers completed design documents that were reviewed and approved by the Architectural/Engineering Review in March 2021. The project was issued for bid on October 21, 2021, and bids were due and opened on November 16, 2021. Five bids were received and the low bidder was Scott’s Heating and Plumbing. The Assembly approved a contract on December 2, 2021, and Scott’s has ordered long lead items and scheduled to start construction in early spring 2022. The work is scheduled to be completed by August 30, 2022. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FUME HOOD EXHAUST SYSTEM Project Description: This project is for the upgrade of fume hood exhaust system at Kodiak Fisheries Research Center (KFRC). There are six fume hoods at KFRC and there are currently issues maintaining sufficient air flow when a certain number of hoods are in use. The scope of work is to install an additional exhaust fan and modify ductwork to eliminate these issues. Current Status: Jensen Yorba Wall and RSA Engineers completed design documents that were reviewed and approved by the Architectural/Engineering Review Board in December 2020. The project was issued for bid on October 21, 2021, and bids were due and opened on November 16, 2021. Two bids were received and the low bidder was Scott’s Heating and Plumbing. The Assembly approved a contract on December 2, 2021, and Scott’s is currently working on providing submittals for long lead items. The work is scheduled to be completed by June 12, 2022. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER OZONATOR REPLACEMENT Project Description: This project is for repair or replacement of the ozonator system at Kodiak Fisheries Research Center (KFRC). The ozonator is intended to disinfect seawater that returns to the ocean after AGENDA ITEM #17.B.1. Page 220 of 225 Projects Report – January 2022 Page 2 use in research experiments inside the facility. In May 2021 it was determined that the ozonation equipment was not operating correctly and needed to be either repaired or replaced. Current Status: KIB staff is working with CRW Engineering (CRW) on this project. In order to satisfy current permitting CRW provided design for a temporary chlorination system to perform disinfection. The temporary system was procured and installed by KIB staff, and went online in December 2021. On January 6, 2022, the Assembly approved a contract with CRW to design a replacement system, looking at all various treatment options (ozonation, UV disinfection, etc). Change Orders this Period: None. LANDFILL STAGE 3 CLOSURE Project Description: This project is for interim and final closure of portions of the Kodiak Island Borough Landfill. Closure involves placing multiple layers of impermeable liner materials, gravel, and plant material. The goal of closing portions of the landfill is to keep rainwater from converting to leachate thereby reducing the flow to the Leachate Treatment Plant. Current Status: In April 2021, the Assembly approved a contract with Jacobs Engineering to complete start design for this project. Jacobs provided 100% design documents which were reviewed and approved by the Architectural/Engineering Review Board in November 2021. The project was put out to bid on November 22, 2021, and bids were due and opened on January 27, 2022. Only one bid was received, from Brechan Construction LLC, and staff will be requesting Assembly approval of a contract on February 17, 2022. The work is schedule to be completed by November 30, 2022. Change Orders this Period: None. LEACHATE TREATMENT PLANT AERATION TANK Project Description: This project is for a building addition and installation of additional process equipment at the Leachate Treatment Plant. The plant has been experiencing scaling of equipment, tanks, and piping throughout the treatment process. The goal of this project is to address the scaling problem by installing equipment that will decrease the amount of calcium in the leachate before it enters the treatment process. Current Status: In July 2021, the Assembly approved a contract with Jacobs Engineering to start design on this project. Jacobs provided 100% design documents which were reviewed and approved by the Architectural/Engineering Review Board in November 2021. The project was put out to bid on November 29, 2021, and bids were due and opened on January 20, 2022. Only one bid was received, from Dawson Construction LLC, and staff will be requesting Assembly approval of a contract on February 3, 2022. The work is schedule to be completed by October 30, 2023. Change Orders this Period: None. MAIN ELEMENTARY ROOF REPLACEMENT Project Description: This project is for replacement of the roof at Main Elementary School. The roof was installed in 1992 and has begun to show signs of wear. During summer 2021 the Kodiak Island Borough School District cleaned a buildup of moss off the roof which exposed deterioration of the existing wood shakes and other roofing materials. AGENDA ITEM #17.B.1. Page 221 of 225 Projects Report – January 2022 Page 3 Current Status: The Assembly approved a change order with Jensen Yorba Wall (JYW) in January 2022 for design of this project. JYW provided a 65% design and there is a meeting of the Architectural/Engineering Review Board scheduled for February 10, 2022, to review the documents. Due to the tight timeline to complete the work this summer the project is scheduled to be put out to bid in early February 2022. Change Orders this Period:  Jensen Yorba Wall – Contract FY2019-10 Change Order #15 - $64,560.00 Provide 100% design services for the Main Elementary Roof Replacement project per proposal dated December 10, 2021. Design fees to be charged on a time and materials basis. NORTH STAR ELEMENTARY SIDING REPLACEMENT Project Description: This project is for the replacement of the existing cement board siding at North Star Elementary. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. Phase I for the gym has been completed. Phase II includes replacement of the siding and windows around the rest of the school. Current Status: In September 2020, the Assembly approved a change order for JYW to proceed with design of Phase II. JYW provided 95% design documents that were reviewed and approved by the ARB in November 2021. The project was put out to bid on November 19, 2021, and bids were due and opened on December 16, 2021. Three bids were received and on January 10, 2022, the Assembly approved a contract with the low bidder, Wolverine Supply, Inc. Wolverine is currently working on providing submittals for long lead items. The work is scheduled to be complete by August 30, 2022. Change Orders this Period: None. PETERSON ELEMENTARY ROOF REPLACEMENT Project Description: This project is for replacement of the roof at Peterson Elementary School. The school has sections of roof that are between 20 and 30 years old, and have reached their expected service life. There have been persistent leak problems for years as the roofing system continues to deteriorate. Current Status: Jensen Yorba Wall completed 35% design documents in October 2021. JYW also solicited a cost estimate based on the 35% design that indicated the construction cost is $2.1 million. JYW has provided a fee proposal to complete design to 65% and staff will be requesting Assembly approval at the meeting on February 17, 2021. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER BOILER DAYTANK REPLACEMENT Project Description: This project is to replace the day tank and pumps for the boilers at Providence Kodiak Island Medical Center (PKIMC). The equipment has reached the end of its useful life and has been having problems creating enough suction to pull fuel from the recently replaced fuel tank. Current Status: Jensen Yorba Wall completed design documents which was reviewed and approved by the Architectural/Engineering Review Board in September 2021. The project was issued for bid on October 21, 2021, and bids were due and opened on November 16, 2021. Two bids were received and the low AGENDA ITEM #17.B.1. Page 222 of 225 Projects Report – January 2022 Page 4 bidder was Premier Mechanical. The Assembly approved a contract on December 2, 2021, and Premier has ordered long lead items and construction is scheduled to start in May 2021. The work is scheduled to be completed by July 12, 2022. Change Orders this Period: None. AGENDA ITEM #17.B.1. Page 223 of 225 Original Budget Ord 2020-01C Ord 2020-01H Ord 2022-01A Current Budget Expenses Obligated Remaining Design 40,000$ 40,000$ 75,000$ 25,000$ 180,000$ 125,116$ 40,804$ 14,080$ Construction -$ -$ -$ 1,000,000$ 1,000,000$ -$ 963,093$ 36,907$ Admin 10,000$ 10,000$ -$ 25,000$ 45,000$ 18,633$ -$ 26,367$ Contingency -$ -$ -$ 50,000$ 50,000$ -$ -$ 50,000$ TOTAL 50,000$ 50,000$ 75,000$ 1,100,000$ 1,275,000$ 143,749$ 1,003,897$ 127,354$ Original Budget Ord 2021-01E Ord 2022-01A Current Budget Expenses Obligated Remaining Design 15,000$ -$ -$ 15,000$ 9,352$ 5,563$ 85$ Construction 55,000$ 45,000$ 60,000$ 160,000$ -$ 149,930$ 10,070$ Admin 5,000$ -$ 10,000$ 15,000$ 9,153$ -$ 5,847$ TOTAL 75,000$ 45,000$ 70,000$ 190,000$ 18,505$ 155,493$ 16,002$ Original Budget Pending Ord Current Budget Expenses Obligated Remaining Design 25,000$ 125,000$ 150,000$ 14,098$ 131,757$ 4,145$ Construction 10,000$ 10,000$ 20,000$ 11,785$ 4,716$ 3,499$ Admin 5,000$ -$ 5,000$ 3,325$ -$ 1,675$ TOTAL 40,000$ 135,000$ 175,000$ 29,209$ 136,473$ 9,318$ Original Budget Current Budget Expenses Obligated Remaining Design 95,000$ 95,000$ 53,984$ 10,550$ 30,467$ Admin 5,000$ 5,000$ 6,737$ -$ (1,737)$ TOTAL 100,000$ 100,000$ 60,721$ 10,550$ 28,730$ Original Budget Ord 2022-01A Current Budget Expenses Obligated Remaining Design 33,000$ 350,000$ 383,000$ 245,991$ 135,361$ 1,648$ Admin 5,000$ -$ 5,000$ 7,449$ -$ (2,449)$ TOTAL 38,000$ 350,000$ 388,000$ 253,440$ 135,361$ (802)$ Budget and Adjustments Current Budget Status Borough Building Boiler Room Upgrades - 20005 Kodiak Fisheries Research Center Fume Hoods - 21001 Kodiak Fisheries Research Center Ozonator Replacement - 22000 Funding: Fund 555 - KFRC Funding: Fund 555 - KFRC Landfill Stage 3 Closure - 21009 Kodiak Island Borough Project Budget Status - Period Ending January 31, 2022 Funding: Fund 469 - Renewal & Replacement ($125,000) and Fund 220 - Buildings and Grounds ($1,150,000) Funding: Fund 530 - Solid Waste Disposal Leachate Treatment Plant Aeration Tank - 19012 Funding: Fund 530 - Solid Waste Disposal Project Budget Status Page 1 of 2 AGENDA ITEM #17.B.1.Page 224 of 225 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending January 31, 2022 Original Budget Current Budget Expenses Obligated Remaining Design 65,000$ 65,000$ 6,195$ 63,990$ (5,185)$ Admin 10,000$ 10,000$ -$ -$ 10,000$ TOTAL 75,000$ 75,000$ 6,195$ 63,990$ 4,815$ Original Budget Ord 2021-01H Current Budget Expenses Obligated Remaining Design 26,193$ 70,000$ 96,193$ 63,624$ 33,973$ (1,404)$ Construction 436,556$ 717,467$ 1,154,023$ 244,979$ 787,000$ 122,044$ Admin 17,462$ 40,000$ 57,462$ 49,870$ -$ 7,592$ Contingency 21,828$ 40,000$ 61,828$ -$ -$ 61,828$ TOTAL 502,039$ 867,467$ 1,369,506$ 358,473$ 820,973$ 190,060$ Original Budget Current Budget Expenses Obligated Remaining Design 20,000$ 20,000$ 17,300$ -$ 2,700$ Admin 5,000$ 5,000$ 429$ -$ 4,571$ TOTAL 25,000$ 25,000$ 17,729$ -$ 7,271$ North Star Elementary Siding Replacement - 20008 Funding: KIBSD ($502,039) and Fund 470 - School R&R Bond Projects ($867,467) Peterson Elementary Roof Replacement - 21008 Funding: Fund 220 - Buildings and Grounds Main Elementary Roof Replacement - 22003 Funding:Fund 469 - Renewal and Replacement Project Budget Status Page 2 of 2 AGENDA ITEM #17.B.1.Page 225 of 225 j �. 2 ƒ� .. � wca k k ' S < « S o \ LLI § @ a) » } af A� o S ƒ / \ \ \ \ \ \ \ / u » = w (y z §2 B s f § \ \ ) §f f - . /u0 § 9 / \ ) ® ` co§ • 0 / 0 ( m ± § k k w / \ £ 2 ED k w § / / \ \ \ ;� / - \ # )� yam\) .�/k§: § / ° �f f § / / { \ m n 6* k) k // §£ 2 §.\ ca �. \ LU 77 & / ° [ / / B ® a } ) k \ \ \ 2 \ ) §\ ) ) \ f § ) §( k m m $ k$ 2 k £ I E e |] z §, % - � ¥ o + \ co z L . - 72§..c # £ �) � R CT\ ) / \ § § § \ ® m @ § ƒ \%Q> .y { E U }k _ \ \ \ E \ / \ \ \ / 0 m Cl) § § § § § § I x ( ƒ I cr CC \�( eE \\E CL R(E §}■ > 0 o \\\ kƒ/ F W W x to J J U 0 Z g Y a Y rg -o N N (1) U (1) A Q (J 4 E r i — a a, 0 O O O Q ca 0 a) Un Un a) F— FW''', Q :: o `o ui Q F O T F- t LU I Z v a x y `° ca J C O dE O; `m m o z i S ) I 0 a= r .! Y c u CQ m� co Un UA F- -' Z'. F<- O N C° G C G G L O C }; Z (D a N a co T I a U 3 (D m N p( p a a). a� 0 a)r w 0 0 p Z `O [1 � 4 Q V �. U7 0 Un co ` F- �' fY,' J 0 T V m Un H F- E E T W x 'N > z Q O \ \ \ C3 o Y Q) V �.! I� -� Q` 0 U) Un H O H L m U) Z a x m � � O � J � I✓) T \ p J / E E o >1 r C p \� 6� Q � �) V/ c ��/I L� r Q E a) o o 0 } W v ` U �.: m U) �: r0 w F- y :: v N � c �o N C D 0 N o a .> n Q) a nrn N d� C C N N X "O N N co O O Ln E [1 N Q` E 0 N o a) v, n i ar a E Q) 2 N E 0 m ov E ID d > E N O Cl) N LO O o c a c E o m Q) m m > -o > O O 0O O N N VA .�. z 4 } < x� \ §f , ' * k \}\ \ \ m ¥ ■©©® g F- � § } > $ 7 �0 (� § � U % ) Z E E � 2 j� S § § 9 9 § { ` m @ ,£ & £ k k & ` § ( § / z \ \p\ f LM CIS \# \ \� w R CA { \ - / f § : / 2 } S e # 3 7 \ \ f $ / \ co @ § § k k ` \ / ■] \ 2 Z ° z -E / § ,\ \\\ / Lk o 2 0 \ ) _ § 2/ e � _ \ § A k ) / § / \ ) m � / ) § k k ] J.e %] 2 0 0 0 \ %# = b 2 ;R Jcm"/) \)\ @ 'm k k m I § I 3 7 \ TA ; § E o Cl. �{ 0 o M t=§ E = 0 Ir E \\\ k k/ k L& 2 0\ co§ k k k k k k) (\£ 2 k � a b $cc / 3 / { \ ) \ § ) /) f § « ~ 2 / \ { ) ® o m@ £ 6 k 9 k f k 5 A\/§ ƒ § CL _ / / 7 d / f a E En§ a\)) { S )\( \ § CD / § § $ f ( m¥ ± k k 5 5 k A\( §2 / \ / \ � � ( \ (# ° ; « z ) ( ) = r § �.)) § / \ ® § ± ) k 9 k 9 k k \ ( § ƒ L 2 % ` \. 0 / &~ R \ § ƒ (p ƒ _ / ƒ ° # _ | 0 § \ \ \ \ \ \ \ m m ( KODIAK ISLAND BOROUGH Meeting Type: 45-s-<Z oe i� ✓ evkk to Date: Please PRINT your name legibly Please PRINT your name legibly "av Vt7 G�� h••,�'J � Ck View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2022, No. 24 February 18, 2022 At Its Regular Meeting Of February 17, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On March 3, 2022, At 6:30 p.m. In The Bayside Fire Hall – 4606 E. Rezanof Dr. RECOGNIZED 14 Years Of Service On The Solid Waste Advisory Board, Mr. Nick Szabo AMENDED, ADOPTED Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement (Order 2, Version 4) AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10 Change Order No.16 With Jensen Yorba Wall For Design Fees For The Peterson Elementary School Roof Replacement In An Amount Not To Exceed $45,786. AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10 Change Order No.17 With Jensen Yorba Wall For Design Fees For The East Elementary School Roof Replacement In An Amount Not To Exceed $5,000. AWARDED Contract No. FY2022-30 Landfill Stage 3 Closure To Brechan Construction In An Amount Not To Exceed $1,948,000. AUTHORIZED The Borough Manager To Approve Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacement Pump For The Kodiak Fisheries Research Facility REMANDED TO FIRE PROTECTION AREA NO. 1 BOARD Contract No. FY2022-32 For Vehicle Procurement For Fire Protection Area No. 1. APPROVED Resolution No. FY2022-20 Identifying Federal Program Priorities AMENDED, ADVANCED Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations To Public Hearing At The Next Regular Meeting Of The Assembly On March 3rd, 2022. ADVANCED Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues To Public Hearing At The Next Regular Meeting Of The Assembly On March 3rd, 2022. ADVANCED Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 Foreclosed Properties KIB/Pearson, James S, KIB/Reames,Dale, KIB/Nies,Iona F, And KIB/Inga Sr, Martin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal To Public Hearing At The Next Regular Meeting Of The Assembly On March 3rd, 2022. CONFIRMED, Mayoral Appointment To The Mission Lake "Tide Gate" Road Service Area, Mr. Alan Wolf. FAILED To Confirm Mayoral Appointment To The Consolidation Committee At Large Seat, Ms. Brandi Wagner.