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.