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2020-10-01 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 1, 2020, 6:30 p.m., Assembly Chambers 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. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES A. *Regular Meeting Minutes Of September 17, 2020. 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 7. AWARDS AND PRESENTATIONS 4 - 5 A. Declaring October 2020 As Domestic Violence Awareness Month. Domestic Violence Awareness Proclamation - Pdf 6 - 7 B. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As Filipino American Nation History Month. Filipino American National History Proclamation - Pdf 8 - 9 C. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As Fire Prevention Month. Fire Prevention Proclamation - Pdf D. 5 Year Longevity Award, Amy Geer, Accounting Technician and Payroll. Page 1 of 29 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 10 A. Borough Manager's Report For October 1, 2020 2021-10-01 Manager's Report 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 11 - 19 1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing And Hauling. Complete Binder For Contract No. FY2021-10 13.B. Resolutions 13.C. Ordinances for Introduction 13.D. Other Items 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Solid Waste Contract No. FY2019-25 Conference With Borough Attorney, Scott Brandt-Erichsen. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 20 - 21 1. Fire Protection Area No. 1 Board Special Meeting of July Page 2 of 29 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 30, 2020 22 - 23 2. Mission Lake Tidegate Service Area Regular Meeting Minutes and Public Budget Hearing March 16, 2020. 24 - 26 3. Service Area No. 1 Board Regular Meeting Minutes and Budget Public Hearing of February 12, 2020 27 - 29 4. Solid Waste Advisory Board Regular Meeting Minutes of August 26, 2020 18.B. Reports Page 3 of 29 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 1, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As Domestic Violence Awareness Month. ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Mayor Roberts to read aloud the proclamation. DISCUSSION: Domestic violence impacts women, men and children of every age, background, and belief. Historically women have been and continue to be victims of violence in their own homes, with a woman beaten every 15 seconds. The problems of family violence are not confined to any group or groups of people but, across all economic, racial, affectional preference, and social barriers. Domestic violence can result in the emotional damage, physical harm, or death to members of the family unit, and FBI statistics show that at least 30% of all homicide victims are killed by their boyfriends or husbands. Mayor William Roberts hereby proclaims the month of October 2020 as Domestic Violence Awareness Month in Kodiak and encourages all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #7.A. Declaring October 2020 As Domestic Violence Awareness Month.Page 4 of 29 Office of the Mayor Kodiak Island Borough, Kodiak Alaska Proclamation DECLARING OCTOBER 2020 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, domestic violence impacts women, men, and children of every age, background, and belief; and WHEREAS, historically women have been and continue to be victims of violence in their own homes, with a woman beaten every 15 seconds; and WHEREAS, the problems of family violence are not confined to any group or groups of people but, across all economic, racial, affectional preference, and social barriers; and WHEREAS, domestic violence can result in the emotional damage, physical harm, or death to members of the family unit, and FBI statistics show that at least 30% of all homicide victims are killed by their boyfriends or husbands; and WHEREAS, during October 2020 the Kodiak Women’s Resource and Crisis Center is sponsoring Domestic Violence Awareness Month activities to focus attention on battered women and their children and to promote support of the shelter and programs that serve them; and NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim: the month of October 2020 as Domestic Violence Awareness Month in Kodiak and encourage all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. In witness whereof, I have here unto set my hand and cause this seal to be affixed. ___________________________ William Roberts , Borough Mayor Attest:: _______________________ Alise L. Rice, Borough Clerk AGENDA ITEM #7.A. Declaring October 2020 As Domestic Violence Awareness Month.Page 5 of 29 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 1, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As Filipino American Nation History Month. ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Mayor Roberts to read aloud the proclamation. DISCUSSION: Filipino American history and culture must be promoted because of the role of Filipino Americans in the history of Kodiak and Alaska. Positive role models will be able to instill and teach the Filipino American youth the importance of education, ethnicity, and values of their legacy. Kodiak is fortunate to count among its population a large concentration of citizens of Filipino descent, including those who have lived in Kodiak for generations and those who are new to the Kodiak area, who contribute to Kodiak's economy and society through their commitment to professions, commerce, family, and the arts. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #7.B. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As ...Page 6 of 29 Office of the Mayor Kodiak Island Borough, Kodiak Alaska Proclamation DECLARING OCTOBER 2020 AS FILIPINO AMERICAN NATIONAL HISTORY MONTH WHEREAS, Filipino American history and culture must be promoted because of the role of Filipino Americans in the history of Kodiak and Alaska; and WHEREAS, positive role models will be able to instill and teach the Filipino American youth the importance of education, ethnicity, and values of their legacy; and WHEREAS, Kodiak is fortunate to count among its population a large concentration of citizens of Filipino descent, including those who have lived in Kodiak for generations and those who are new to the Kodiak area, who contribute to Kodiak's economy and society through their commitment to professions, commerce, family, and the arts; NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim: the month of October 2020 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. In witness whereof, I have here unto set my hand and cause this seal to be affixed. ___________________________ William Roberts , Borough Mayor Attest:: _______________________ Alise L. Rice, Borough Clerk AGENDA ITEM #7.B. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As ...Page 7 of 29 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 1, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As Fire Prevention Month. ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Mayor Roberts to read aloud the proclamation. DISCUSSION: The Kodiak Island Borough is committed to ensuring the safety and security of all those living in and visiting Kodiak. Fire is a serious public safety concern both locally and nationally. Homes are the locations where people are at greatest risk from fire, every Borough resident should install smoke alarms in every sleeping room, outside each separate sleeping area, on every level of the home, and that meet the special needs of the residents. Kodiak Island Borough first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education. Those who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire. The 2020 Fire Prevention Month theme, “Look. Listen. Learn. Be Aware – Fire Can Happen Anywhere” effectively serves to remind us that we need to take personal steps to increase our safety from fire. This includes working smoke detectors that are tested annually, clearly visible street addresses and continued fire safety awareness for all family members. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #7.C. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As ...Page 8 of 29 Office of the Mayor Kodiak Island Borough, Kodiak Alaska Proclamation DECLARING OCTOBER 2020 AS FIRE PREVENTION MONTH WHEREAS, the Kodiak Island Borough is committed to ensuring the safety and security of all those living in and visiting Kodiak; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, Kodiak Island Borough residents should install smoke alarms in every sleeping room, outside each separate sleeping area, on every level of the home, and that meet the special needs of the residents; and WHEREAS, Kodiak Island Borough residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Kodiak Island Borough first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the 2020 Fire Prevention Month theme, “Look. Listen. Learn. Be aware – fire can happen anywhere” effectively serves to remind us that we need to take personal steps to increase our safety from fire. This includes working smoke detectors that are tested annually, clearly visible street addresses and continued fire safety awareness for all family members. NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim: the month of October 2020 as Fire Prevention Month and encourage all citizens to Look. Listen. Learn. Be aware – fire can happen anywhere. This effectively serves to remind us that we need to take personal steps to increase our safety from fire and to support the many safety activities and efforts of the Borough fire and emergency services during the month. In witness whereof, I have here unto set my hand and cause this seal to be affixed. ___________________________ William Roberts , Borough Mayor Attest:: _______________________ Alise L. Rice, Borough Clerk AGENDA ITEM #7.C. Kodiak Island Borough Mayor, William Roberts, Declaring October 2020 As ...Page 9 of 29 Managers Report Michael Powers October 1, 2020 Activities Monitoring flooding in Bells Flat (Sargent Creek Road and Leta area). The waterway has moved away from Leta at this time and the potential for flooding has been reduced, but the waterway moves and is likely to do so. Met with Auditor’s the previous week. They said the audit was going well, complimented the Finance Department and specifically Dora Cross for always working with them to make the process better. Met with ADEC regarding violations and corrections at the landfill. Met with staff to discuss various options. Discussed presentation regarding landfill and other related items. Corresponded with Robbie Vennel about the Virtual Rural Forum. Presented on Consolidation, state and federal budgets, CIPS and needs for capital funding, COVID19 and other issues. Discussion about elections ensued, with follow up by the Clerk’s office. Attended multiple meetings regarding local Emergency Management issues including outbreak at the Coast Guard base, changes in supplies for various testing machines and changes to a “market” system for filling testing supplies Fiscal issues-As of the time I write this, one headline for federal stimulus funding reads: “Pelosi Not Being Serious, White House responds after Dems reject Latest Stimulus Proposal”. Unknown if some compromise will be reached. Staff will have a draft budget by January 15 and are working on the Budget Calendar. One of the first issues to discuss is out timing of the budgets and the desire to “wait to see what the State does” in order to come up with a cogent strategy forward. Upcoming No immediate travel plans. I may travel at Christmas and am making my arrangements mindful of the requirements when I return. AGENDA ITEM #10.A. Borough Manager's Report For October 1, 2020 Page 10 of 29 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 1, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract FY2021-10 Approval Of One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing And Hauling. ORIGINATOR: Dave Conrad RECOMMENDATION: Move to approve Contract No. FY2020-10. DISCUSSION: The Engineering & Facilities Department received the notice to renew our contract with Matson on September 15, 2020. Matson Navigation Company is the sole source company for this contract, they are the only shipping company in Kodiak that has the means to handle this regular large metals shipment. Matson provides the required open top containers for the consolidation and shipment of ferrous recycle metals. Matson charges per cubic yard (CY). In the most recent contract FY2020-07, the charge is $2.93 per CY. Under the new contract FY2021-10, the charge is $3.00 per CY. The KIB Landfill shipped 14,518 CY (19 containers), for a total cost of $42,536.53. The new contract requires a minimum of 15 open top containers per annual contract cycle. E/F staff has estimated the total shipped to be 15,000 CY at $3.00 per CY, for a total of $45,000. This estimate includes charges for any damages that may occur to the open top container. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.A.1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 11 of 29 Matson Navigation Company of Alaska, LLC. SERVICE CONTRACT NO. A0081-4 This Contract (hereafter referred to as “Contract”) is by and between Matson Navigation Company of Alaska, LLC, a water carri er, (hereafter referred to as “Carrier”) and Kodiak Island Borough (hereafter referred to as “Shipper”). THIS CONTRACT HAS BEEN EXECUTED BELOW BY THE DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY ________________________________________ ________________________________________ (Signature) (Date) (Signature) (Date) Name: Daniel R. Downes Name: Michael Powers Title: Vice President, Pricing Title: Manager Matson Navigation Company of Alaska, LLC Kodiak Island Borough Manager’s Office 555 12th Street 710 Mill Bay Road Oakland, CA 94607 Kodiak, AK 99615 Fax. No. (510) 628-7365 Tel. No. 907-486-9343 Affiliates of Shipper Covered by this Contract: David Conrad – Kodiak Island Borough Engineering & Facilities Jeffrey Johnson – Kodiak Island Borough Landfill In consideration of the mutual covenants set forth herein, Carrier and Shipper (hereafter may be referred to individua lly as a “Party” or collectively as “Parties”) hereby agree as follows: I.ENTIRE CONTRACT This Contract, including all attachments hereto, constitutes the full understanding of the Parties and complete and exclusive statement of the terms of the Contract. The Contract shall replace and supersede any oral or written agreements between the Parties that deal with the same subject matter as is referenced herein. II.TERM The term of this Contract is set forth in Appendix A. III.CARGO, PAYMENT, AND SERVICE COMMITMENTS A.This Contract covers the transportation of certain cargo moving in Carrier -provided containers in the U.S. noncontiguous domestic trade with Alaska, as more specifically designated below. The cargo shall be transported pursuant to the rates, terms, and conditions set forth herein and in Appendix A and Attachment 1 hereto, and subsequent revisions thereto, which are incorporated herein by reference and made a part of this Contract. B.During the term of this Contract, Shipper shall tender to Carrier for transportation a minimum volume of Contract cargo as provided for in Appendix A (“Minimum Volume Commitment”). For the purpose of calculating volume of cargo tendered under this Contract, the shipment shall be regarded as having been tendered according to the date entered by Carrier on the bill of lading. For each container of Contract cargo tendered to Carrier by Shipper for transportation under this Contract, the rates set forth in Appendix A shall apply based on the nature of the cargo, equipment type, transportation service provided (e.g., Carrier’s marine terminal to Carrier’s marine terminal), and origin and desti nation. Shipper or shipper’s agent is responsible for indicating this Contract number on its shipping instructions submitted to the Carrier for each shipment applicable to this Contract. However, the Carrier shall reserve the right to permit cargoes not so noted to count toward the Minimum Volume Commitment upon proof of inadvertent omission. C.Except as otherwise expressly set forth herein, all cargo transported pursuant to this Contract shall be subject to all charges, surcharges, arbitraries, assessorials, and rules, including the terms of Carrier’s bill of lading , set forth in Carrier’s tariff applicable to the geographic scope of this Contract and published at www.matson.com, which tariff, including its charges, surcharges, arbitraries, assessorials, rules and Carrier’s bill of lading terms, is incorporated herein by refere nce, made a part of this Contract, and may be amended by Carrier from time to time (hereafter referred to as “Governing Tariff(s)”). CONTRACT FY2021-10 AGENDA ITEM #13.A.1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 12 of 29 Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-4 2 D. The terms of Carrier’s bill of lading, covering individual shipments under this Contract shall apply to shipments h ereunder. In the event of a conflict among or between the terms of this Contract, Governing Tariff(s), and/or Carrier’s bill of lading, th e terms of Carrier’s bill of lading shall prevail over the terms of this Contract and/or Governing Tariff(s), and the terms of this Contract shall prevail over the terms of the Governing Tariff(s) other than Carrier’s bill of lading terms. E. Shipper shall book Contract cargo with Carrier a reasonable amount of time in advance of tender of cargo, and, if Shipper needs to cancel a booking, Shipper shall do so on a timely basis. Shipper shall space cargo bookings as evenly as possible with Carrier during the term of this Contract to enable Carrier to allocate sufficient space and equipment to satisfy Shipper’s requirements. Shipper shall safely and securely load Contract cargo in and unload cargo from Carrier-provided containers at the expense of Shipper. F. Shipper shall be named as the “Shipper” and/or “Consignee” on all Carrier bills of lading covering transportati on under this Contract. All cargo moving under this Contract shall move on a non-negotiable bill of lading. G. Carrier shall be compensated for the transportation of Contract cargo under this Contract pursuant to the rates, charges, terms and conditions set forth in this Contract. Provided Shipper has a current Credit Agreement executed with Carrier, Shipper shall pay Carrier all rates and charges due for each shipment under this Contract within 30 calendar days from the date of actual sailing of vessel for each such shipment, and within 30 calendar days of the actual sailing of vessel date for each such shipment in the case of demurrage and detention charges in connection with such shipments. Whenever Shipper fails to make timely payment, at Carrier’s option Shipper shall prepay Carrier on a cash basis for the transportation of all future cargo moving under this Contract until Shipper brings its payments under this Contract within the payment period hereunder. Further, if payment is not made, Carrier shall have a lien which includes the right to retain custody of any and all cargo and/or equipment owned or tendered to Carrier by Shipper until all past due charges are paid in full. H. Carrier shall transport the Minimum Volume Commitment set forth in Ar ticle III.B. under this Contract on terms and conditions set forth in this Contract, as timely booked by Shipper against available space. At Carrier’s option, and subject to availability of space, Carrier shall transport Contract cargo tendered by Shipper in excess of the Minimum Volume Commitment during the term of this Contract pursuant to the terms and conditions of this Contract. The Se rvice Commitment under this Contract is subject to the schedules and service patterns of Carrier. IV. FORCE MAJEURE Notwithstanding any other provision of this Contract, to the extent that either Party may fail to satisfy any obligation impo sed under this Contract (except for a payment or confidentiality obligation) as a result of “Force Majeure”, performance of this Contract shall, to that extent, be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof. For the purposes of this Article, “Force Majeure” means strikes, work stoppages, lockouts or exceptional circumstances arising from the threat thereof, Acts of God, State or the Public Enemy, including but not limited to war, acts of nations, a cts of governments, acts of independent states, riots, civil disorder or insurrection, embargo, participation in the US Defense Department Emergency Preparedness Program, or other disruption of or interference with trade, marine disaster, fire or other cas ualty. The Party suffering the Force Majeure shall diligently attempt to remove such cause or causes and shall promp tly notify the other Party of its extent and probable duration. If the Party suffering the Force Majeure is unable to remove the cause or ca uses within 30 days, the other Party shall have the right at its option, to terminate, without imposition of penalty or obligation to pay damages, this entire Contract or any portion thereof caused by the Force Majeure event. In case of Force Majeure, the Minimum Volume Commitment and Carrier’s service commitments will be reduced on a pro rata basis for the period or p eriods (including Saturdays, Sundays and legal holidays) during which shipments cannot be made. V. LIQUIDATED DAMAGES If, for any cause other than a cause covered by Article IV or XII of this Contract, the Minimum Volume Commitment set forth in Article III.B. of this Contract is not satisfied during the term of this Contract, Shipper shall pay Carrier liquidated damages in lie u of all other damages which would be difficult if not impossible to ascertain with reasonable certainty. Liquidated damages are determined by multiplying the difference between the number of container loads actually tendered to Carrier and the Minimum Volume Commitment, by the amount set forth in Appendix A and designated as “liquidated damages”. Shipper shall pay such liquidated damages to Carrier within 30 calendar days following written notification by Carrier. VI. CONFIDENTIALITY Except to the extent required by law, by request of a government or agency thereof, or request of a contractor pursuant to contractual obligation with the Carrier, the Parties shall at all times keep confidential the fact of this Contract, the terms and conditions of this Contract, and all documents and information provided to a Party under the terms of this Contract, and shall not disclose any such information to any third party (not including a parent, subsidiary, or affiliated company), except with the prior written consen t of the other Party. Notwithstanding the foregoing, the obligations under this Article shall not apply to: (i) information that, at the time of disclosure, is, or after disclosure becomes part of, the public domain other than as a consequence of a breach of this Contra ct; (ii) information that was known or otherwise available to a Party prior to its disclosure to the other Party; or (iii) information that is independently developed by either Party. Upon breach of any obligation under this Article, the non -disclosing Party shall have the right to terminate this Contract effective immediately; this shall be the sole remedy for such breach. AGENDA ITEM #13.A.1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 13 of 29 Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-4 3 VII. WAIVER OF RIGHTS AND REMEDIES UNDER ICC TERMINATION ACT Shipper and Carrier, pursuant to section 14101(b) of the ICC Termination Act of 1995, hereby waive all rights and remedies under the Act for the transportation of cargo under this Contract; provided, however, that Shipper and Carrier do not waive the provisions governing registration, insurance, or safety fitness. VIII. TERMINATION In addition to termination provided for in Articles II, IV and VI, this Contract may be terminated by the m utual agreement of the Parties, or upon notice by the terminating Party to the other Party, which notice shall specify the reason for the te rmination and the effective date of such termination, upon or after the occurrence of the following events: (i) by either Party due to a breach by the other Party of any of the terms or conditions of this Contract which is not corrected within 30 days aft er receipt of written notification thereof; (ii) by either Party if any petition filed or action respecting the oth er Party directly in a reorganization, arrangement, creditors composition, readjustment, liquidation, dissolution, bankruptcy or similar relief under any other present or future United States, or other statute, law or regulation, whether or not resulting in the appointment of a receiver, liquidator, assignee, trustee, custodian, or other similar official, and the continuation of any such decre e or order is unstayed and in effect for a period of 30 consecutive days; or (iii) by either Party upon the making b y the other Party of an assignment for the benefit of creditors, or the admission by such Party in writing of its inability to pay its debts generally as they become due, or the taking of action by such Party in furtherance of any such action. Termination of this Contract shall not terminate or otherwise affect any accrued obligations of one Party to the other Party under this Contract which have arisen prior to such termination. IX. NOTICES All notices required to be given under this Contract shall be in writing and deemed given when hand-delivered or by documented overnight delivery service, or sent by telecopy, telefax, or other electronic transmission service, provided a confirmation copy is also sent no later than the next business day by first class mail, return receipt requested, to the Party to whom the same is directed at its address as set forth below or to such other address as such Party shall designate by notice under this Article: If to Carrier: Matson Navigation Company of Alaska, LLC 555 12th Street Oakland, CA 94607 Attention: Vice President, Pricing If to Shipper: Name and address listed on Signatory 1st page unless a difference listing below X. ASSIGNABILITY Any assignment of this Contract without the prior written consent of the other Party shall be void, except that Carrier may assign this Contract to a successor or affiliated company without prior consent. Notice of such assignment shall be provided by Carrier to Shipper within five business days of the assignment. This Contract shall be binding on the Parties hereto and their respective, permitted successors and assigns. XI. MODIFICATIONS Except as otherwise provided, no modification of any of the terms or conditions of this Contract shall be effective unles s in writing, signed by an authorized representative of each Party, and specifically stating that it is such modification. Modifications m ay be made via electronic mail, subject to mutual consent by an authorized representative of each Party. XII. WAIVER-DEFAULT The failure or delay of either Party to insist in any instance upon strict performance of any of the provisions of this Contr act, or to take advantage of any of such Party’s rights hereunder, shall not be construed as a waiver of such provisions or the relinquishment of such rights, but the same shall continue in full force and effect. Should either Party be in default with respect to any of the terms or conditions of this Contract, the non-defaulting Party may, without prejudice to any other legal remedy, defer further performance hereunder until such default is remedied. If the non-defaulting Party defers further performance hereunder, the non-defaulting Party’s commitment shall be reduced for the period or periods (Saturdays, Sundays and holid ays included) of such deferral of performance. XIII. COUNTERPARTS This Contract may be executed simultaneously in one or more counterparts, including by means of telefaxed signature pages, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. XIV. RECORD KEEPING In order to substantiate that the Shipper has met the minimum volume requirement as stated in Item III.B., Carrier may request copies of the bills of lading of each shipment. Upon request, bills of lading must be submitted to Carrier in a timely fashion. AGENDA ITEM #13.A.1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 14 of 29 Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-4 4 APPENDIX A MINIMUM VOLUME COMMITMENT: 15 loads LIQUIDATED DAMAGES: $400 per Container DURATION: Effective Date: October 4, 2020 Expiration Date: October 2, 2021 RATES: (SOUTHBOUND) 1) Scrap Metal, to include crushed cars From: Kodiak, AK Door Destination SVC Rate per CWT Minimum Weight EQ Notes Tacoma, WA Door-CY $ 3.00 44,000 lbs. 40FR Tacoma, WA Door-CY $ 3.71 44,000 lbs. 40OT SURCHARGES: A. FUEL SURCHARGES: Rates contained in this Appendix and addenda thereto are subject to fuel surcharges per Rules 137, 138 and 139 as filed in the Governing Tariffs. B. TERMINAL HANDLING CHARGES: Rates contained in this Appendix and Addenda thereto are subject to Rule 960 of the Governing Tariff unless otherwise specified. C. HAZARDOUS MATERIALS SURCHARGE: Rates contained in this Schedule and Addenda thereto are subj ect to Rule 540 as filed in the Governing Tariff. OTHER: D. GENERAL RATE INCREASES: Except as otherwise provided herein, base freight rates, arbitraries and other special charges provided in this Schedule A and Addenda thereto shall not be subject to General Rate Increases as filed in the Governing Tariff. AGENDA ITEM #13.A.1. Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 15 of 29 MatsonNavigationCompanyolAlaska,LLC.SERVICECONTRACTNO.ACO81-3Co’?OoL&JIName: MichaelPowen,MumtgcrI.ENTIRECONTRACTThisContract,includingallattachmentslierelo,constilulesthe lullunderstandingolthePartiesandcompleteandexclusivestatementoldieemitsoftheContract. The Contractshallreplaceandsupersedeany oralorwrittenagreementsbelweenthePanicsthatdealwiththesamesubject matterasisreferencedherein.II.TERMThelainofthisContractissetfodhinAppcwliaA.Ill.CARGO,PAYMENT,ANDSERVICECOMMITMENTSA.ThisContract coversthetronsporttionofcertaincanjomovinginCarrier-providedcontainersintheU.S.nonconltguousdomestictradewith Alaska,asmorespecirteally designatedbetow,Thecargoshaltbetnnsponedpursuant10therates,terms,andconditionssetforthhereinandinAppendixAnodAitachmeittIhereto,andsubsequentreytsionsthereto,whichareincorponiedItercinbyreferenceand madeapartofthisConlracl.B.DuringtheemitofthisContract,ShippershalltendartoCanierrortransportationaminimumvolumeofContractcattoasprovidedforinAppendixA(Minimum VolumeComtnlttncnm”).Fordtepurposeorcalcutatingvolumeofcargotendered underthisContract,mIteshipmentshaltberegardedashaving beenlenderedaccordingtothedateei,lersdbyCarderonthebittoftaring.For each conlaitterofContractcargo tenderedtoCan’ierbyShipperfortransportalionunderthisContract,theratessetfonttinAppendixAshaltappWbasedaltthenatureofthecart,equipmenttype,btnspodationserviceprovided(e.g.,Coiner’smnrinctenninaltoCarrier’sinarittcLcnninal),andoriginanddestination. Shipperorshipper’s agentisresponsiblefurindicatingthisContract numberonitsshipping instructions subntittedtoilteCarrierforeachshipmentapplicabletoIttisContract.However.timeCarriershatlreservethe righttopermitcargoesnotsonotedtocount towardtheMinimum VolumeCommitmentUponpinofofinadvertent omission,C.Exceptasotherwiseexpresslysetfonlt herein,allcargo transportedpursuanttothisContractshallbesubjectto allcharges,surcharges, arbitraries,assessorials,andnales.includingthetermsofCarrier’sbillnflading,setforthinCm’ricr’stnriffapplicabletothegeographicscopeofittisContractandpublishedatssnw.malson.cont,whIchtariff,includingitscharges,suieltarges,arbitrories,assrsoria1s,rulesandCarrier’sbillofladingleans,isincorporatedhereinbyreference,madeapartofthisContractandmaybeamendedbyCarrierfromlimetutime(Itercafterreferredtoas“Gaveming TariFflsi’).ThisContract(ttcrcafler referredin as“Contract”)isbyandbetween Matson NnvigatinnCompanyorAlaska,LLC,awatercarder,titercaflerrckrcdInas‘Canier’)andKodiakIslandBurougit(hereatlerrefinedto as“Sttipper”).TIllsCONTRACTHASBEENEXECUTEDBELOWBYTHEDULYAUTHORIZEDREPRESENTATIVEOFEACHPARTYr.(Signalure)(Dale)Name.SteveRubinTitle:VicePresident,PricingTitle.MatsonNavigationContpanyofAlaska,LLC55512thStreetOakland,CA91(a)?Fax.No,(510)6211-7)55Tel,No,ignaturt)(Dale)KodiakIslandBornugltManager’s0rnce710MillBayRoadKodIak,AK99615AmliatesofShipperCoveredbythis(Nameandlocation)toconsiderationoftuen,utualcovenantssdf,trthherein, CarrierandShipper (hereaftermay bereferredtoindividuallyasa“PwIy’orcollectivelyus‘Parties”)Iterahyagreeasfollows.AGENDA ITEM #13.A.1.Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 16 of 29 4MatsonNavigationCompanyofAlaska,LLC.KodiakIslandBoroughServiceContractA0081-3D.TheIconsofCarrier’sbilloflading.ctnednumdi’dualshipmentsundertinsContractshallappltoshipmentshereunder.Inthee’entofaconflictamongorhetneenthetenusofthisContractGoverninuTariff(s),and-orCarriersbilloflading. thetermsofCarrier’sbillofladingshallpre’ailocr[he(coilsofthisContractand/orGoemingTariffls).andthetermsofthisContractshallprcniloCrthetermsoftheGo’cn,ingTariff(s)otherthanCarrier’sbillofladingtenns.E.ShippershallbookContractcargowithCarrierareasonableamountoftimeittad’anceoftcttderofcargo,and,ifShipperneedstocancelabooking.Shippershalldosoonatintelybasis.Shippershallspacecargobookingsasesonlyaspossible‘ithCarrierduringtitetcntiofthisContracttoenableCarriertoallocatesttfiicietitspaceandcqttipmenttosatisRShipper’srequirementsSitippersitallsafelyandsecurelyloadContractcargoinandunloadcargofromCarrier-providedcontainersattheexpenseofSltipper.F.Shippershallhenamedasthe‘Shipperand/or‘Consignee”onallCarrierbillsofladingcoeringtransportationunderthisContract.AllcargomosingunderthisContractshallmoseonanon-negotiablebilloflading.G.Cardershallbecompensatedfor(hetransportationofContractcargounderthisContractpursuanttotherates,citarges,IconsandconditionssetforthinthisContract.ProvidedShipperhasacurrentCreditAgreementexecutedwitltCarder,ShippershallpayCarrierallratesandchargesdue foreachshipmentunderthisContractwithin30calendardaysfromthedateofactualsailingofvesselforeachsuchshipment,andwithin3t)calendardaysoftheactualsailingofvesseldateforeachsuchshipmentintheeaseofdemurrageanddetentionchargesinconnectionwithsuchshipments.WheneverShipperfailstomaketimelypayment.atCarrier’soptionShippershallprepayCarrieronacash basisfortltetransportationofallfuturecargotao’ingstnderthisContractuntilShipperbringsitspaymentsunderthisContractwithinthepaymentperiodhereunder.Further,ifpaymentisnotmade.Cardersltallhavealienwhichincludestherighttoretain custodyofanyandallcargoand/orequipmentownedortenderedtoCarrierbyShipperuntilallpastduecltargesarepaidinfull.II.Can-icr shalltransporttheMinin,umVolumeCommitmentsetforthinArticle111,8.undertitisContractonterntsandconditionssetforthinthisContract,astimelybookedbyShipperagainsta’ailablespace.AtCarrier’soption,andsubjecttoaailahilitofspace,CardershalltranortContractcargotenderedbyShipperinexcessoftlteSitnimumVolumeCommitmentduringthetenuoftltisContractpurianttotitetenusandconditionsofthisContract.TheSeniceCommitmentunderthisCotttractissubjecttotheschedulesandsen-icepatternsofCarner.IV.FORCEMAJEURENot”ithstandinganyotherprovisionofthisContract,totiteextentthateitherPartymayfailtosatisfyanyobligationimposedunderthisContract(exceptfttrapamentorconftdentiahit’obligatton)asaresultof“ForceMajeure’.perfcnmrneeoftltisContractsltall,tothatextent,bedeemedtolta’ebeenfrustratedandnocauseofactionforbreachorliabilitysltallariseasaconsequencethereolForthepurposesoftitisArticle...lrorce‘lajettre”meansstrikes,sorkstoppages.lockoutsorexeepttonalcircumstancesarisingfrotnthethreatthereof,ActsofGod,StateorthePubltcEnettty,ittcludingbutnottimitedto“ar,actsofnations,aetsofgovernments,actsofindependenistates,riots,cisildisorderorinsunction.embargo,participationintheUSDefenseDepartmentEmergencyPreparednessProgram,orotherdisruptionoforinterferencessiihtrade,marinedisaster,fireorothercasualty.ThePartysufferittgtheForceMajeureshalldiligentlyattempttoremo’esuchcauseorcausesandshallpromptlynotifytheotherPartyofitsextentandprobableduration.IfthePartysufferingtheForceMajeureisunabletoremovethecauseorcauseswithin3t)days,theotherPartyshallhaetlterightatitsoption,totenninate,wititoutimpositionofpenaltyor obligationtopaydamages,thisentireContractoranyportionthereofcausedbytheForceMajeureevent.IneaseofForceMajcure,theMinimumVolumeCommitntentandCarrier’sservicecommitmentswillbereducedonaproratabasisfortheperiodorperiods(includingSaturdays,SundaysandlegalItolidays)duringwhichshipmentscannotbemade.V.LIQUIDATEDDAMAGESIf,for anycauseotherthanacausecoveredbyArticleIVorXIIofthisContract,theMtnimutnVolumeCommitmentsetforthinArticle111.8.ofthisContractisnotsatisfiedduringtheteratofthisContract,ShippershallpayCarderliquidateddamagesinlieuofallotherdamagesssltichwouldbedifficultifnotimpossibletoascertains’4threasonablecertainty.LiquidateddantagesaredeterminedbymultiplyingtitedifferencebetweentltcnumberofcontainerloadsactuallytenderedtoCarrierand theMinimumVolunteCommitment,bytiteamountsetfortitittAppcttdixAanddesignatedas’”liquidateddantagesShippershallpaysucltliquidateddamagestoCatheratthin30caleiardaysfollowtngwnttennotificationbyCarder.VI.CONFIDENTIALITYExcepttotheextentrequiredbylaw,byrequestofago’ernmentoragencythereof,orrequestofacontractorpursuanttocontractualobligationwith theCarrier,thePartiesshallatalltimes keepconfidentialthefactofthisContract,thetermsandcondttionsofthisContract,andalldocumentsandinfonnationpro’idedtoaPartyunderthetermsofthisContract,andshallnotdiscloseany suchinformationtoanythirdparty(notincludingaparentsubsidiaty.oraffiliatedcompany).exceptwiththepriorwrittenconsentoftiteotherParty.Notwithstandingtheforegoing,theobligationsunderthisArticleshallnotapplyto:(i)informationthat,atthtetimeofdisclosure,is,orafterdisclosurebecomespartof.thtepublicdomainotherthanasaconsequenceofabreachofthisContract(ii)informationthat“asknownorotherwiseavailabletoaPartypriortoitsdisclosuretotheotiterPain;or(iii)informationthatisindependentlyde’elopedbyeitherParty.UponbreachofanyobligationunderhisArticle,thenon-disclosingPartyshallha’etherighttoterminatethisContracteffectiveimmediately;thisshall bethesoleremedyforsuchbreach.1AGENDA ITEM #13.A.1.Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 17 of 29 MatsonNavigationCompanyofAlaska,LLC.KodiakIslandBoroughServiceContractA(lOSl-3VII.WAIVEROFRIGHTSANDREMEDIESUNDERICCTERMINATIONACTShipperandCarrier,pursuanttosection14101(b)oftheICCTenninationActofI995,herebywai’eallrightsandremediesundertheActforthetransportationofcargounderthisContract:pro’ded,ltoweCr,tltatSlnpperandCamerdo notwaivetheprovisionsgoxemingregtscratton.insurance.orsafetyfitness.VIII.TERMINATIONInadditiontoterminationproidedforinAniclesII.IVandVI.thisContractmaybeterminatedbythemutualagreementoftheParties.oruponnoticebytheterminatingPartytotheotherParty.whichnoticeshallspecifythereasonfortheterminationandtheeffectiedateofsuchtermination,uponoraftertheoccurrence ofthefollowinsevents:(i)byeitherPartydueto abreachbytheotherPartyofanyofthetennsor conditionsofthisContractwhichisnotcorrectedwithin30daysafterreceiptofwrittennotificationthereof;(ii)byeitherPartyifanypetitionfiledoractionrespectingtheotherPartydirectlyinareorganization,arrangement,creditorscomposition.readjustment,liquidation,dissolution.bankruptcyorsimilarreliefunderanyotherpresentorfutureUnitedStates,orotherstatute,laworregulation.whherornotresulttngintheappointmentofarecei’er.liquidator,assignee.trustee, custodian,orotherstmilarofficial,andthecontinuattonofanysuchdecreeororderisunstayedandineffectforaperiodof30consecutiedays;or(iii)byeitherPartyuponthemakittgbytheotherPartyofanassigtmientforthebenefitofcreditors, orriteadtntsstonbysuch Panyinwritingofitsinabilitytopayitsdebtsgenerallyastheybecomedue,orthetakingofactionbysuch Partyinfurtheranceofanysuchaction.TemtinationoftitisContractshallnotterminateorothersiseaffectanyaccruedobltgationsofonePartytotheotiterPartyunderthisContractwhichhaveanscn pnortosuchtennitiation.IX.NOTICESAllnoticesrequiredtobegivenunderthisContractshallbeinwritinganddeemedghenwhenhand-deli’credorbydocumentedoenuglttdelivetyservice,orsentbytelecopy,telefax,orotherelectronictransmissionservice,providedaconfirmationcopyisalsosentnolaterthan the nextbusinessdaybyfirstclassmail,returnreceiptrequested,tothePartytowhotuthesameisdirectedatitsaddressassetforthbelowortosuchotheraddressassuchPartyshalldesignatebynoticeunderthisArticle:IftoCarrier:MatsonNavigation CompanyofAlaska.LLC555I2thStreetOaklattd,CA91607Attention:VicePresidentPricingIftoSitipper:NameandaddresslistedonSignatory10pageunlessadifferencelistingbelowX.A5SIGNABILIrVAnyassignmentoftitisContractwithoutthepriorwrittenconsentoftheotherPartyshallbe void,exceptthatCarriermayassignthisContracttoasuccessororaffiliatedcompanywithoutpriorconsent.Noticeofsuchassignmentshallbepro’idedbyCarriertoShipperwitltinfivebusitiessdaysoftheassignmettt.ThisContractshallbebindingonthePartiesheretoandtheirrespectie,permittedsuccessorsandassigns.XI.MODIFICATIONSExceptasothenisepros ided,nomodificationofanyofthetermsorcondttionsofthisContractshallbeeffectieunlessInwriting,signedbyanauthorizedreprentatixeofeachParty,andspectcallystatingthatitissuchmodification.Modificationsnaybemadeiaelectronicmail,subjecttomutualconsentbyanauthorizedrepresentatieofeachParty.XII.WAIVER-DEFAULTThefailureordelaofeitherPartytoinsistinanyinstanceuponstrictperfonuanceofanyofthepro’isionsofthisContract.ortoLithead’ antageofanyofsuchParts’srtghtsherettndcr.shallnotheconstruedasawaiverofsuchprovisionsortherelinqutshittientofsuchrights,butthesameshallcontinueinfullforceandeffect.ShouldeitherPartybeindefaultwithrespecttoanyofthetenns orcondittonsofthisContract,thenon-defaultingParty may.withoutprejudicetoanyotherlegalremedy.deferfurtherperi’onttancehereunderuntilsuchdefaultisremedied.Ifthenon-defaultingPartydefersfurtherperformancehereunder.theoon’defaultingPan)‘scomtnittnctitshallhereducedfortheperiodorperiods(Saturda>s.Sunda)sandholidaysincluded)ofsuchdeferralofperformance.XIII.COUNTERPARTSThisContractmaybeexecutedsimu)taneouslyinoneormorecounterparts,includingbmeansoftelefixedsignaturepages,eachofwhichshallbedeemedanoriginal,butallofshichshallconstituteone andthesameinstrument.XIV.RECORDKEEPINGInordertosubstantiatethattheShipperhasmetthe minimumolumerequirementasstatedinItem111.8.,Carriermayrequestcopiesofthebillsofladingofeachshipment.Uponrequest.billsofladtngmust besubmittedtoCarrierinatimelyfashion.AGENDA ITEM #13.A.1.Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 18 of 29 MatsonNavigationCompanyofAlaska,LLC.KodiakIslandBoroughServiceContractA0081-3APPENDIXAMINIMUMVOLUMECOMMITMENT:15loadsLIQUIDATEDDAMAGES:$400perContainerDURATION:EffectiveDate:October6,2019ExpirationDate:October3,2020RATES:(SOUTHBOUND)I)ScrapMetal,toincludecmshedcarsFrom:Kodiak.AKDoorDestinationSVCRateperCWTMinimumWeightEQNotesTacoma.WADoor-Cl$2.9344(100lbs.4OFRTacoma.WADoor-Cl$3.6244.000lbs.400TSURCIIARGES:A.FUELSURCIIARGES:RatescontainedinthisAppendixandaddendatheretoaresubjecttofuelsurchargesperRules137.USand139asfiledintheGoverningTariffs.B.TERMINALIIANDLINGCHARGES:RatescontainedinthisAppendixandAddendatheretoaresubjecttoRule96(1oftheGoverningTariffunlessotherwisespecified.C.HAZARDOUSMATERIALSSURCIIARCE:RatescontainedinthisScheduleandAddendatheretoaresuhjecttoRule 540asfiledintheGoverningTariff.OTHER:D.GENERALRATEINCREASES:Exceptasotherwiseprovidedherein,basefreightrates,arhitrariesandother specialchargesprovidedinthisScheduleAandAddendatheretoshallnothesubjecttoGeneralRateIncreasesasfiledintheGoemingTariffAGENDA ITEM #13.A.1.Contract FY2021-10 Approval Of One Year Contract With Matson Navigation ...Page 19 of 29 FIREPROTECTIONAREANO.1BOARDSPECIALMEETINGJuly30,202012:30pmBAYSIDEFIREDEPARTMENT1.CALLTOORDER/PLEDGEOFALLEGIANCEChairPaulVanDykecalledtheregularmeetingtoorderat12:30PM.2.ROLLCALLBoardMemberspresentwereChairPaulVanDyke,RichardCarstens,MikeDolph,CraigWaltonandAaronGriffin(showedupaflerinitialrollcall).Aquorumwasestablished.AlsopresentwereFireChiefHowardRue,LauriWhiddon,KodiakIslandBoroughHumanResourcesOfficer.VisitorspresentwereMichaelPowers,KodiakIslandBoroughManager,ScottAmdt,SteelMcNeil,KaileyMcNeil,MajorDavis.CarolScott.andRoseDolph.3.ENTERVIEWSChristopherSmithIntroductionofBoardPresentationofCandidate’sChoiceTopicInterviewQuestionsRebeccaNelsonIntroductionofBoardPresentationofCandidate’sChoiceTopicInterviewQuestions4.EXECUITVESESSIONDOLPHMOVEDtoenterExecutiveSessiontodiscussspecificallytheinterviewsandincludeChiefHowardRueandLauriWhiddonintheexecutivesessionwithboard.GRIFFINseconded.ROLLCALLVOTEONMOTIONCARRIEDUNANIMOUSLY.BOARDENTEREDEXECUTIVESESSIONAT3:13PM.BOARDRESUMEDREGULARMEETINGAT3:25PM.6.NEXTMEETINGSCHEDULE—NextRegularMeeting-TuesdayAugustat6:00pm.1AGENDA ITEM #18.A.1.Page 20 of 29 12.ADJOURNMENTCARSTENSMOVEDtoadjournthemeeting.WALTONseconded.VOICEVOTEONMOTIONCARRIEDUNANIMOUSLY.Themeetingwasadjournedat3:28p.m.SMITTEDBY:___________Date:/iIzaPaiciaValerio,BoardSecretaryKIBEngineering/FacilitiesDepartmentAPPROVEDBY:___________________Date:____________ChairPaulVanDykeFireProtectionArea#1002AGENDA ITEM #18.A.1.Page 21 of 29 MISSIONLAKETIDEGATESERVICEAREABOARDREGULARMEETING&PUBLICBUDGETHEARINGMarch16,20205:30pm.KODIAKISLANDBOROUGHASSEMBLYCHAMBERS1.CALLTOORDER/PLEDGEOFALLEGIANCEChairCraigJohnsoncalledtheregularmeetingtoorderat5:28PM.2.ROLLCALLBoardMemberspresentwereChairCraigJohnson,RandyEnsign,andAlanWolf.Aquorumwasestablished.AlsopresentwereDavidConrad,KodiakIslandBoroughEngineering&FacilitiesDirector,DoraCross,KodiakIslandBoroughFinanceDirector,andElFstaffPatriciaVa]cnn.3.APPROVALOFMINUTES4.VISITORCOMMENTS-none5.PUBLICHEARINGTheDavidConradreviewedthebudgetdocumentswiththeBoardandaskediftherewereanyquestionsfromtheBoard.WOLFMOVEDtoacceptthebudgetandmovetoAssemblyforapproval.ENSIGNseconded.ROLLCALLVOTEONMOTIONCARRIEDUNANIMOUSLY.6.BOARDMEMBERSCOMMENTSC.Johnson—Thenewtidegateisworkingverywellandismuchappreciated.7.NEXTMEETINGSCHEDULE—tobedetermined.8.ADJOURNMENTENSIGNMOVEDtoadjournthemeeting.WOLFseconded.VOICEVOTEONMOTIONCARRIEDUNANIMOUSLY.Themeetingwasadjournedat5:37p.m.1AGENDA ITEM #18.A.2.Page 22 of 29 APPROVEDBY-)4ChairCraigJohsodJDate:3/c(BMITTEDBY:triciaValerio,BoardSecretaryKIBEngineering/FacilitiesDepartmentDate:3/I/W2OMissionLakeTideGateBoard\2AGENDA ITEM #18.A.2.Page 23 of 29 ServiceAreaNo.1BoardBudgetPublicHearing/RegularMeetingFebruary12,20205:00p.m.BoroughConferenceRoom1.CALLTOORDERChairS.Amdtcalledthemeetingtoorderat5:03p.m.2.ROLLCALLBoardmemberspresentwereChairScottAmdt,PaulHansen,DennisSymmons,Curtis HowellandJayBaldwin.CraigDeHartandMikeSirofchuckwereabsent.Aquorumwasestablished.Also,inattendancewereKIBFinanceDirector,DoraCross,OwnerandOperatorofAIMMaintenance,JeremyWilliamson,andEngineering&FacilitiesstaffPatriciaValedo.3.APPROVALOFAGENDABALDWINMOVEDtoapproveagenda.VOICEVOTEONMOTIONCARRIEDUNANIMOUSLY.4.APPROVALOFPREVIOUSMINUTESBALDWINMOVEDtoapprovetheminutesofMarch27,2019.VOICEVOTEONMOTIONCARRIEDUNANIMOUSLY.5.ACKNOWLEDGERECEIPTOFTHEFINANCIALREPORTBALDWINMOVEDtoacknowledgereceiptofthefinancial report.VOICEVOTEONMOTIONCARRIEDUNANIMOUSLY.6.VISITORCOMMENTS—Limitedto3minutes.7.CHAIR’SREPORTTheChair,ScottAmdt,providedanupdateonthesnowremovalfromChristmas2019topresent.Reviewedtheeffectsonthebudgetandanticipationforthespring.Also,reviewedasnowplowingetiquette/instructionsfromAlaskaStateDepartmentofTransportation.1AGENDA ITEM #18.A.3.Page 24 of 29 8.NEWBUSINESSa.ReviewDraftBudgetforFY2021TheChairreviewedthebudgetandproposednumbers. TheChairandDora Crossdiscussedassessed valuesandrates.Allnumbersarebasicallythesameaslastyear(FY2020) proposedbudget.The CHAIRwouldentertainamotiontomovebudgetforwardtopublichearingtentativelyMarch9th2020.BALDWWJMOVEDtomovebudgetforwardtopublichearing.ROLLCALL VOTEONMOTION CARRIEDUNANIMOUSLY.b.EstablishDateforPublicHearingonBudgetTheChairdiscussedthepublichearingdate.TheBoarddecided March9111at7:30pmintheKodiakIslandBoroughConferenceRoom(Room121).9.VISITORCOMMENTS:Jeremy Williamson—Generalplowingissues.Publicneedstobemindffil.10.BOARDCOMMENTSD.Symmons—Meetingsmoreoftenplease.AndIknowitsnotthe Board’sjobbuttrytoeducatepeopleonUMOT.ThankyoutoAIMfordoingsuchagreatjob.P.Hansen—ConcernedtheSAlsavingswill bedrainedforotherthings.IsthereawaytoputitintoanescrowaccounttoreserveitforSAlprojects?DoraCrosscommented:Nottheonlyboardtoask—haveaplantopresenttothe assembly.C.Howell—AIMisdoinganawesomejobkeepingupwithallthework.TheroadIliveonisalwaysopenandclear.J.Baldwin—SameasCurtis—AIMisawesome.S.Arndt—BoroughConsolidationandCityAnnexation—hopingtohavethemcometoaSAlregularmeetingtoshareinformation. Lookingintochip-sealandhowtopossiblywork withAlaskaStateDOTwhilethecompanythatdoes thechip-sealisonisland.12.MEETINGSCHEDULEMarch91,2020at7:30pm.RegularMeetingandPublicHearing.13.ADJOURNMENTTherebeingnoftrtherbusinessbeforetheboardthemeetingwasadjournedat5:50p.m.BALDWIN MOVEDtoadjournthemeeting.VOICE VOTEONMOTIONCARRIEDUNANIMOUSLY.2AGENDA ITEM #18.A.3.Page 25 of 29 ________________Date:________Pat?tciaValerioEngineering/Facilities DepartmentApprovedBy:________________Date:-7-ScottAmdt, ChairServiceAreaNo.I3AGENDA ITEM #18.A.3.Page 26 of 29 I.-I-I AGENDA ITEM #18.A.4. Page 27 of 29 AGENDA ITEM #18.A.4.Page 28 of 29 AGENDA ITEM #18.A.4. Page 29 of 29 KODIAK ISLAND BOROUGH Meeting Type: ,, r Date: lyll Ilo Please PRINT your name legibly Please PRINT our name legibly Y-1 Ij Kodiak Island Borough Assembly Regular Meeting Agenda and Guidelines Thursday, October 1, 2020, 6:30 p.m., Assembly Chambers 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Bill Roberts. Motion: 3. ROLL CALL Move to KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the excuse member, the REASON for the absence, and whether the absence is excused by Assembly the Assembly. member these items unless an Assembly member so requests, in which case the item will be Symmons removed from the Consent Agenda and considered in Its normal sequence on the agenda. who is VOICE VOTE ON MOTION absent due to a work- related matter. For items to 4. APPROVAL OF AGENDA AND CONSENT AGENDA be added to the agenda, a All items listed with an asterisk (*) are considered to be routine and non -controversial by motion and the Assembly and will be approved by one motion. There will be no separate discussion of second is these items unless an Assembly member so requests, in which case the item will be needed. removed from the Consent Agenda and considered in Its normal sequence on the agenda. 5. *APPROVAL OF MINUTES A. *Regular Meeting Minutes Of September 17, 2020. 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for agenda Items not scheduled for public hearing & general comments only. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1k.0 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at vvww-facebook.com/Kodiakislandboroun @KodiakBorough www.kodiakak.us 91 0 7. AWARDS AND PRESENTATIONS A. Declaring October 2020 As Domestic Violence Awareness Month. - Read Proclamation - Present to Ms. Penny Lampl, Shelter Coordinator, for the Kodiak Women's Resource and Crisis Center. B. Declaring October 2020 As Filipino American Nation History Month. - Read Proclamation C. Declaring October 2020 As Fire Prevention Month. Read Proclamation Present to Bayside Fire Chief, Howard Rue 111. D. 5 Year Longevity Award, Amy Geer, Accounting Technician and Payroll. - Presented by Manager Powers 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts Motion: 1. Contract FY2021-10 Approval Of One Year Contract With Move to approve Contract Matson Navigation Company Of Alaska, Inc. For Metals No. FY2020-10. Processing And Hauling. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION 13.13. Resolutions — None. 13.C. Ordinances for Introduction — None. 13.D. Other Items — None. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toff Free (855) 492-9202 and Local 486-3231. Visit our website atVVVVW.facebook.com/Kod iakisland borough @KodiakBorough www.kodiakak.us V 0 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) This is for general comments only. Read phone number: Local is 486-3231; 1k 0; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION Motion: A. Solid Waste Contract No. FY2019-25 Conference With Borough Move to convene into Attorney, Scott Brandt -Erichsen. executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019- 25, a matter in which ROLL CALL VOTE ON THE MOTION immediate public knowledge of could affect adversely the finances of the Borough and receive legal advice from the Borough's counsel. Motion: Invite into Executive Session. Move to invite the Mayor, Assembly, Borough Manager, Michael Powers, Engineering and VOICE VOTE ON MOTION Facilities Director, Dave Conrad, Projects Manager, Matt Gandel, Borough Clerk, Alise Rice and Borough Attorney, Scott Brant - Erickson via After the vote, Mayor Roberts recesses the regular meeting and teleconference, into convenes into executive session. Executive Session. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website atwww facebook.com/Kodiakislandbarouah a @KodiakBorough 0 www.kodiakak.us Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • No action is to be taken as a result of the executive session -Or- The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session ROLL CALL VOTE IS REQUIRED ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. Motion: 17. ADJOURNMENT Move to adjourn the VOICE VOTE ON MOTION. meeting KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a ma'ori of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.113. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at WWW.facebook.com/Kod iakisland borough @KodiakBorough www.kodiakak.us 91 0 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular ✓ Special Date: Convened: Recessed: Reconvened: Adjourned: BY: BY: - ---- - i BY:�j�— -- 18Y� BY: J� I � SECOND: f SECOND; SECOND: SECOND: bD J SECOND: V_Dsow YES NO YES NO YES NO YES NO! I YES NO Mr. Arnett i Mr. Arndt ! I Mr. Arndt Arndt v _ Mr. Arndt - -L_- i Mr. Dvorak -----, — -- ---- Mr. Dvorak � 'Mr. Dvorak Mr. Dvorak i ' i- r. Dvorak -- - Ms. Kavanaugh / 1 Ms. Kavanaugh Ms. Kavanaugh I Ms. Kavanaugh Ms. Kavanaugh I - Mr. Schroeder �Y ' Mr. Schroeder -! -�i Mr. Schroeder ! Ti Mr. Schroeder ' Mr. Schroeder (�I Ms. Skinner #--- Ms. Skinner �— tl�s. Skinner ? —' ` Ms. Skinner I �, Ms. Skinner _1 - mi. SY111111uns - i Mr--Symmons r-Symmons -�-� Mr-Symmon yy r�grrrmons— - ___ -_r_ --_--- --1-- Mr. Turner - - Mr. Turner-- I Mr. Turner I I Mr. Turner I - - Mr. Turner T - 1WOEJLD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE2tVOT' TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: _ _� _LQ _. -- -�_ - The mayor may n *vote except in the case 4/here only six members of the assembly are present and there is a th - �re_e tie vote of the assemblyT —_ . Mayor Roberts Mayor Roberts T-1 Mayor Roberts Mayor Roberts jw _ Mayor Roberts o Motions required for 213 vote to carry. 7 present requires 5; G present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vole is majority of the membership (quorum) Point of Order and Recess. KODIAK ISLAND BORE) UGH,ASSEMBLY ROLL CALL SHEET Regular Special Date: ' ' Convened: Recessed: Reconvened: , Adjourned: 1 SECOND: k SECOND: i SECOND: SECOND: -4J NO I Mr. Arndt I Mr. Dvorak Ms. Kavanaugh Mr. Schroeder - Ms. Skinner BY: SECOND: I-VE--S-J NO I YESNO YES NO YDS �---�� NO Mr. Arndt. I i Mr. Arndt i Mr. Arndt . Mr. Arndt ---"— — Mr. Dvorak --- -- - ---- Mr. Dvorak s- Mr. Dvorak - - - �_ Mr. Dvorak ,----I ___- Ms. Kavanaugh 1 Ms. Kavanaugh I Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder _ -� -i - Mr. Schroeder - - Mr. Schroeder 1 Mr. Schroeder I'T i� I Ms. Skinneri M5. Skinner i Ms. Skinner i Ms. 5ltinn:r C bMr-Svmrrsa1 a - —�Mr-SYmr�to - -- -Sym Mr. Turner l I Mr. Turner Mr. Turner I Mr. Turner Mr. Turner - 'ViOULD ANYONE LIKE TO CHANGE; THEIR. VOTE? WOULD ANYONE LIKE TO CHANGE THIE' TOTAL: ! TOTAL: E TOTAL: TOTAL: i TOTAL: _�._.. The mayor may not vote exco t -'.in -the case where only six members of the assemWy are present and ti3ore is a thmaMree tic vote of the assembly_ Mayor Roberis ' _- Mayor Roberts., I Mayor Roberts Mayor Roberts 1 Mayor Roberts o Motions reggired4or 213 vote to carry. 7 present requires 5; G present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote+is majority of the membership (quorum). Point of Order and Recess. 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. FY2021, No. 7 October 2, 2020 At Its Regular Meeting Of October 1, 2020, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 15, 2020, At 6:30 P.M. PROCLAIMED The Month Of October 2020 As Domestic Violence Awareness Month And Encouraged All Citizens Of Kodiak To Actively Support And Participate In The Ongoing Programs Designed To Reduce And Eventually Eliminate Domestic Violence As A Social Problem. PROCLAIMED Month Of October 2020 As Filipino American National History Month As Established By The Trustees Of The Filipino American National Historical Society. PROCLAIMED The Month Of October 2020 As Fire Prevention Month And Encouraged All Citizens To Test Their Smoke Alarms At Least Every Month And To Support The Many Safety Activities And Efforts Of The Borough Fire And Emergency Services During The Month. APPROVED Contract FY2021-10 Approval Of One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing And Hauling. CONVENED Into Executive Session Under The Authority Of KIBC 2.30.030(F)(1)(B) To Discuss Solid Waste Contract No. FY2019-25, A Matter In Which Immediate Public Knowledge Of Could Affect Adversely The Finances Of The Borough And Receive Legal Advice From The Borough’s Counsel. INVITED The Mayor, Assembly, Borough Manager, Michael Powers, Engineering And Facilities Director, Dave Conrad, Projects Manager, Matt Gandel, Borough Clerk, Alise Rice, and Borough Attorney, Scott Brant-Erickson Via Teleconference, Into Executive Session. ANNOUNCED That No Action Was Taken As The Result Of The Executive Session.