2016-03-10 Special Meeting Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, March 10, 2016, 6:30 p.m.
Borough Conference Room
This meeting was called by the Mayor and Deputy Presiding Officer.
Page
1. ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL
MEETING
2 -41 A. Amendment#1 to Contract No. FY2014-26 Professional Services Agreement
with McCarty and Associates for Fisheries Analyst Consulting and Related
Services(Joint Contract of the Kodiak Island Borough and City of Kodiak with
McCarty and Associates of Juneau, Alaska),
2016-03-10 Roberts m a i e is i sAnalyst Contract
2016-03-10 t c Y Amendment
B. Contract for the Appraisal of Chiniak Timber.
4. ADJOURNMENT
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AGENDA ITEM O.A.
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MEMORANDUM
r
Mayor Friend andAssembly rs
Bill Roberts,Acting Manager
March 1
Fisheries Analyst Consulting and Relatedi tr ct
Attached Is nt to the Professional Services Agreement with
Associates.The original contract is a three party agreement k iy of Kodiak,
Kodiak Island Boroughn ss i t s.This amendment to the original
contract includes changes that were discussedduring the uh Joint
Session e the city the borough. At that meeting the Cityn orou h
Manager were tasked withwriting changes into the contract.
Changes t were made include., 1}The amended contract shall be effectiveas of
March 12016 t as the contractor is to attend the March141h special meeting of the
Fisheries r (telephonically) ,r ul r meeting and to report on
March meetings of the Boardof Fish. }This is a oneyear extension of the contract.
The contractor ill attend meetings of KFAC and KRAA as required r requested.
e"Report Schedule"is amended to require written monthly reports o the assembly
and council to be presentedt the scheduled i s Work Groupmonthly meetings.
4)The contractor Will supply the assembly council with a current list of clients n
te that list as necessary.4)At the end of six months the otr ct r and members
of the Fisheries Work Groupwill meet to evaluate the effectiveness of their combined
efforts.
The Borough Manager,City Manager and Heather McCarty meet on March 9t"t
discuss the proposedII parties agreedto the changes.
Respectfully, ..
Bill Roberts, Actingor r
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Amendment#1 to Contract - r ssi I Services...
AGENDA ITEM O.A.
AMENDMENT#'i TO
Professional Services Agreement with
McCarty and Associates
For Fisheries Analyst Consulting and Related Services
THIS AMENDMENT # 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
MCCARTY AND ASSOCIATES FOR FISHERIES ANALYST CONSULTING AND
RELATED SERVICES ("Amendment# 1") is made and entered into effective as of March
1, 2016, by and between the KODIAK ISLAND BOROUGH, organized under the laws of
the State of Alaska, hereinafter referred to as the "Borough;" the CITY OF KODIAK,
organized under the laws of the State of Alaska, hereafter referred to as the "City;" and
MCCARTY AND ASSOCIATES, a sole proprietor company authorized to do business
in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the
"Contractor" (collectively referred to as the"Parties").
RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement made as
of February 7, 2014, for Contractor to monitor, analyze and report on fisheries issues and
policy developments that may impact or affect the economy and community in Kodiak,
Alaska; for a 2 year term ending on February 6, 2016("Agreement");
WHEREAS, the Parties desire to extend the Agreement and clearly delineate the
Reporting Schedule and points of contact personnel between the Parties;
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
incorporated herein by reference, and of the mutual covenants and agreements herein
contained, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. Amendments to Agreement. The following amendments are made to the
Agreement by this Amendment# 1:
Section 2.0'Term of Agreement' is amended in its entirety to read as follows:
This Agreement shall take effect on March 1, 2016. This Agreement
shall remain in full force and effect for 1 year, expiring on February
28, 2017. This Agreement may be extended for one - one year
option to extend upon approval by the Borough, City and
Contractor. This Agreement may be amended only in writing and
upon compliance with all applicable statutes, ordinances, and
regulations.
Amendment H S to Professional Services Agreement with Page i of 5
McCarty and Associates
Page 3 of 41
Amendment#1 to Contract No. PY2014-26 Professional Services...
AGENDA ITEM O.A.
Section 4.0'Scope of Services' is amended in its entirety to read as follows:
The Borough, City, and Contractor have agreed upon a scope of
work described in the Contractor's proposal, Exhibit A, to provide
Fisheries Analyst Services based on approved standards and
instructions [as specifically described in Exhibits A and B.]
Contractor will attend monthly meetings of the Kodiak Fisheries
Work Group. When available, Contractor will also attend local
meetings of the Kodiak Fisheries Advisory Committee (KFAC) and
the Kodiak Regional Aquaculture Association, KRAA, as
requested. Contractor will attend Joint Work Sessions of the
Assembly and Council as requested. Attendance at other meetings
may be requested by the Borough/City Fisheries Work Group.
Additional Contractor fee for additional meetings (if any) must be
agreed to, in writing, and approved by the Borough/City Fisheries
Work group.
This Scope of Services can only be changed in writing pursuant to
Section 25.0 of this Agreement.
Section 5.0'Report Schedule' is amended in its entirety to read as follows:
Written monthly reports shall be provided to the Borough and City to
be presented at the scheduled Fisheries Work Group monthly
meeting. Contractor shall report in writing or orally, to the
Borough/City Fisheries Work Group on each fisheries meeting
attended. Contractor shall attend and report to Borough/City Joint
Work Sessions when requested by the Borough Assembly and City
Council. Joint Work Sessions are anticipated to occur on a quarterly
basis.
Section 6.0'Personnel/Organization' is amended in its entirety to read as follows:
6.1 Key Personnel. Fisheries Analyst Services provided by the
Contractor will be performed by:
Heather McCarty
6.2 Changes in Key Personnel. The Contractor shall give the
Borough and City, through notice to the Contracting Officers,
reasonable advance notice of any necessary substitution or
change of key personnel and shall submit justification
therefore in sufficient detail to permit the Borough and City to
evaluate the impact of such substitution on this Agreement.
No substitutions or other changes shall be made without the
written consent of the Borough.
Amendment H 1 to Proressional Services Agreement Nith Page 2 ors
McCarty and Associates
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AGENDA ITEM O.A.
6.3 The contact person(s) on issues related to agenda setting of
the Joint Work Group, or direction on topics identified in the
contract scope of work are the most current co-chairs of the
Fisheries Work Group,
6.4 The contact person(s) on the administration of this contract
are the City Manager and Borough Manager...
6.5 Every six(6) months the Contractor and the members of the
Fisheries Work Group will discuss and evaluate the
effectiveness and workability of their combined efforts,.
6.6 Contractor will provide the Managers a listing of clients that
are currently contracting with the Contractor, Any new clients
will be divulged to the Managers.
Section 28.0 'Notices' is amended in its entirety to read as follows.
Any notices, bills, invoices, or reports required by the Agreement
shall be sufficient if sent by the parties by electronic mail or by
United States mail, postage paid, to the addresses noted below:
Kodiak Island Borough McCarty and Associates
Attn: Borough Manager Attn: Heather McCarty
710 Mill Bay Road, Room 125 1537 Pine Street
Kodiak,AK 99615 Juneau, AK 99801
broberts@kodiakak.us hdmcca[W@gmail.com
City of Kodiak
Attn: City Manager
710 Mill Bay Road
Kodiak, AK 99615
akniaziowski@_cijy.kodiak.ak.us
2. Effect and Continuation of Agreement Terms. Except as specifically
modified herein, all of the terms, provisions, covenants and conditions of the Agreement
continue in full force and effect without modification or change. The Parties hereby
covenant, ratify and reaffirm each and every of their respective obligations under the
Agreement as amended by this Amendment#1:
3. Effective Date. This Amendment# i is effective as of March 1, 2016.
4. Authority. The Parties represent and warrant to each other that each has
the full, complete and absolute authority to enter into this Amendment #1; that this
Amendment#1 has been duly authorized by its local governing body or owners; that the
person executing this Amendment# 1 on its behalf has the full power and authority to do
so; and this Amendment # 1 is binding and enforceable against it in accordance with its
Amendment 0 1 to Professional Services Agreement with Page 3 ors
McCarq and Associates
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AGENDA ITEM W.A.
terms.
5. Counterparts. For the convenience of the Parties hereto, this Amendment
#1 may be executed, including by facsimile signature, in one or more counterparts, each
identical to the other, so long as the counterparts in a set contain the signatures of all the
Parties to this Amendment.
IN WITNESS WHEREOF, the parties have entered into this Amendment #1
effective as of the date and year hereinabove first written.
Kodiak Island Borough
Date:
By: William"Bill" Roberts
Title: Acting Borough Manager
ATTEST:
(Borough Seal)
Nova Javier, MMC
Borough Clerk
McCarty and Associates
Date:
By: Heather McCarty
Title: Owner
SUBSCRIBED AND SWORN TO before me at , Alaska this_day
of , 2016.
Notary Public in &for Alaska
My Commission Expires:
City of Kodiak
Date:
By: Aimee Kniaziowski
Title: City Manager
ATTEST:
Amendment N 1 to Proressional Semices Agreement with Page a n1`5
McCarty and Associates
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AGENDA ITEM W.A.
(City Seal)
Debra Marlar, MMC
City Clerk
Amendment li l to Professional Services Agreement with Pages or5
McCarty and Associates
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Amendment#1 to Contract No. FY2614-26 Professional Services...
AGENDA ITEM #3.
Professional Services Agreement with
McCarty and Associates
for Fisheries Analyst Consulting and Related Services
This AGREEMENT, made and entered into this 7thth day of February, 2014 by and
between the KODIAK ISLAND BOROUGH, organized under the laws of the State of
Alaska, hereinafter referred to as the "Borough", the CITY OF KODIAK, organized
under the laws of the State of Alaska, hereafter referred to as the "City" and
MCCARTY AND ASSOCIATES a sole proprietor company authorized to do business in
Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the
"Contractor."
WITNESSETH
WHEREAS, the Borough and City wish to enter into a contract with an
independent contractor to monitor, analyze and report on fisheries issues and policy
developments that may impact or affect the economy and community in Kodiak, Alaska,
and
WHEREAS, in response to a request for proposals, Contractor submitted a
proposal asserting it is qualified to perform these services and able to do so in a timely
manner;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement"shall mean this Professional Services Agreement, including:
Exhibit A—McCarty&Associates proposal dated January 21,2014
Exhibit B—Borough and City's request for proposals
1.2 "Change Order" is an addition to, or reduction of, or other revision
approved by the Borough and City in the scope, complexity, character, or
duration of the services or other provisions of this Agreement.
1.3 "Borough"shall mean the Kodiak Island Borough,Alaska.
1.4 "Borough/City Fisheries Work Group" is a sub-committee of the Borough
Assembly and City Council consisting of three Assembly members and
three Council members(KIB Assembly Resolution FY2013-32).
1.5 "City"shall mean the City of Kodiak,Alaska.
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1.6 "Contracting Officers" shall mean Borough Manager and the City
Manager, and include any successor or authorized representatives.
1.7 "Contractor'shall mean McCarty and Associates.
1.8 "Fisheries Analyst Services" shall include monitoring, analyzing, and
reporting to the Borough and City on fisheries issues and policy
developments that may impact or affect the economy and communities
with the City and the Borough, as further described in the Borough's and
City's request for proposals (Exhibit B) and Contractors proposal ( hibit
A). 0*10 PW,
2.0 TERM OF AGREEMENT. This Agreement shall take effect on February/, 2014.
This Agreement shall remain in full force and effect for two years expiring on
February 6, 2016. This Agreement may be extended for two one year options to
extend upon approval by the Borough, City and Contractor. This Agreement may
be amended only in writing and upon compliance with all applicable statutes,
ordinances, and regulations.
3.0 FEES. Contractor will be paid $5,000 per month, at the beginning of each month,
and,"reimbursed for reasonable travel-related costs including airfare, local
transportation, lodging and per diem for meals based on the current US
Government Services Administration (GSA) agency schedule. The Contractor
will submit monthly invoices, detailing work and expenses incurred, The Borough
and City will each pay one half of each accurate monthly,invoice.
4.0 SCOPE OF SERVICES. The Borough, City, and Contractor have agreed upon a
scope of work described in the Contractor's proposal, Exhibit A. to provide
Fisheries Analyst Services based on approved standards and instructions [as
specifically described in Exhibits A and B.) When available, Contractor will also
attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and
the Kodiak Regional Aquaculture Association (KRAA). Attendance at other
meetings may be requested by the Borough/City Fisheries Work Group.
Additional Contractor fee for additional meetings (if any) must be agreed to, in
writing, and approved by the Borough/City Fisheries Work group.
This Scope of Services can only be changed in writing pursuant to Section 25.0
of this Agreement..
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5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the
Borough and City within 30 days following the end of each calendar quarter.
Contractor shall also report, written and/or oral, to the Borough/City Fisheries
Sub-committee after each fisheries meeting attended and attend Borough/City
Joint Work Sessions when requested by the Borough/City Fisheries Sub-
committee. Joint work sessions are anticipated to occur on a quarterly basis.
6.0 PERSONNEUORGANIZATION
6.1 Kev Personnel. Fisheries Analyst Services provided by the Contractor will
be performed by;
Heather McCarty
6.2 Changes„in Key Personnel, The Contractor shall give the Borough and
City, through notice to the Contracting Officers, reasonable advance
notice of any necessary substitution or change of key personnel and shall
submit justification therefore in sufficient detail to permit the Borough and
City to evaluate the impact of such substitution on this Agreement. No
substitutions or other changes shall be made without the written consent
of the Borough.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts
to provide Fisheries Analyst Services. The Contractor accepts the relationship of
trust and confidence established between it and the Borough and City by this
Agreement, The Contractor covenants with the Borough and City to furnish its
best skill and judgment. The Contractor shall provide all services in a competent
manner...
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement.
9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all
times comply with and observe all applicable federal, state and local laws,
ordinances, rules, regulations, and executive orders, all applicable safety orders,
all orders or decrees of administrative agencies, courts, or other legally
constituted authorities having jurisdiction or authority over the Contractor, the
Borough, or the service which may be in effect now or during performance of the
services.
10.0 INDEMNITY.h anNITY. The Contractor shall indemnify, defend, and hold harmless the
Borougd City from and against any claim of, or liability for, negligent acts,
errors, and omissions of the Contractor under this Agreement, including attorney
fees and costs. The Contractor is not required to indemnify, defend, or hold
harmless the Borough or City for a claim of, or liability for, its (the Borough or
City, as applicable) independent negligent acts, errors, and omissions. If there is
a claim of, or liability for, a joint negligent act, error, or omission of the Contractor
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and the Borough and City, the indemnification, defense, and hold harmless
obligation of the Contractor, and liability of the parties, shall be apportioned on a
comparative fault basis. In this provision, "Contractor", "Borough" and "City"
include the employees, agents, and contractors who are directly responsible,
respectively, to each. In this provision, "independent negligent acts, errors, and
omissions of the Borough and City means negligence other than in the Borough's
and City's selection, administration, monitoring, or controlling of the Contractor,
or in approving or accepting the Contractor's work.
11.0 INSURANCE. The Contractor understands that no Borough or City insurance
coverage, including Workers' Compensation, is extended to the Contractor while
completing the services described in this Agreement. The Contractor shall carry
adequate (commercially reasonable coverage levels) insurance covering
Workers' Compensation, general public liability, automobile, professional liability,
and property damage including a contractual liability endorsement covering the
liability created or assumed under this Agreement. The Contractor shall not
commence work under this Agreement until the Contractor provides the Borough
and City with certificates of insurance evidencing that all required insurance has
been obtained. These insurance policies and any extension or renewals thereof
must contain the following provisions or endorsements:
a. Borough and City are additional insured thereunder as respects liability
arising out of or from the work performed by Contractor,.
b. Borough and City will be given thirty (30) days prior notice of
cancellation or material alteration of any of the insurance policies
specified in the certificate.
c. Insurer waives all rights of subrogation against Borough and City and
their employees or elected officials.
d. The insurance coverage is primary to any comparable liability
insurance carried by the Borough and City.
Upon request, Contractor shall permit the Borough and City to examine any of
the insurance policies specified herein. Any deductibles or exclusions in
coverage will be assumed by the Contractor, for account of, and at the sole risk
of the Contractor.
The minimum amounts and types of insurance provided by the Contractor shall
be subject to revision at the Contracting Officers' request in order to provide
continuously throughout the term of the Agreement a level of protection
consistent with good business practice and accepted standard of the industry.
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12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation,
performance and enforcement of this Agreement.
F WORK„PRODUCTS., Payment to the Contractor for services
93.0 OWNERSHIP O„,
hereunder include full compensation for all work products and other materials
produced by the Contractor pertaining to this Agreement.
The originals of all material prepared or developed by the Contractor or its
employees, agents, or representatives hereunder, including documents,
drawings, designs, calculations, maps, sketches, notes, reports, data, models,
computer tapes, and samples shall become the property of the Borough and City
when prepared, whether delivered or not, and shall, together with any materials
furnished the Contractor and its employees, agents, or representatives by the
Borough and City hereunder, be delivered to the Borough and City upon request
and, upon termination or completion of this Agreement. Materials previously
created and copyrighted by the Contractor included in this project will remain
property of the Contractor. Copies will be made available to the Borough and
City upon request. Materials purchased from and copyrighted by third parties are
not included in this provision.
14.0 PATENTS TRADEMARKS AND COPYRIGHTS. The Contractor agrees to
defend, indemnify, and save the Borough and City harmless from and against
any and all claims, costs, royalties, damages and expenses of any kind of nature
whatsoever(including attorneys' fees) which may arise out of or result from or be
reasonably incurred in contesting any claim that the methods, processes, or acts
employed by the Contractor or its employees in connection with the performance
of services hereunder infringes or contributes to the infringement of any letter
patent, trademark, or copyright. in case such methods, processes, or acts are in
suit held to constitute infringement and use is enjoined, the Contractor, within
reasonable time and at its own expense, will either secure a suspension of the
injunction by procuring for the Borough and City a license or otherwise, or
replace such method, process, etc.,with one of equal efficiency.
15.0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the
strict performance by the other of any of the terms of this Agreement or to
exercise any right or remedy herein conferred, shall constitute a waiver or
relinquishment to any extent of its rights to rely upon such terms or rights on any
future occasion. Each and every term, right, or remedy of this Agreement shall
continue in full force and effect.
16.0 SAFETYIPERFORMANCE, The Contractor shall comply with all federal and
state statutes, ordinances, orders, rules, and regulations pertaining to the
protection of workers and the public from injury or damage, and shall take all
other reasonable precautions to protect workers and the public from injury or
damage.
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17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by
any party upon ten (10) days written notice if another party fails
substantially to perform in accordance with its terms. If the Borough or
City terminates this Agreement, they will pay the Contractor a sum equal
to the percentage of work completed and accepted that can be
substantiated by the Contractor, offset by any amounts owed to the
Borough or City. However, within the ten (10) day Notice of Intent to
terminate the party in default shall be given an opportunity to present a
plan to correct its failure.
17.2 Convenience Suspension or Termination. Any party may at any time
terminate or suspend this Agreement upon 30 days' prior written notice to
each of the other parties, for any reason including its own needs or
convenience. In the event of a convenience termination or suspension for
more than six (6) months, the Contractor will be compensated for
authorized services and authorized expenditures performed to the date of
termination or suspension. No fee or other compensation for the
uncompleted portion of the services will be paid, except for already
incurred indirect costs which the Contractor can establish and which would
have been compensated but because of the termination or suspension
would have to be absorbed by the Contractor without further
compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Following receipt of a Notice of Termination or suspension and except as
otherwise directed by the Contracting Officers,the Contractor shall:
a. perform only work authorized under this Agreement through the
termination or suspension date and to the extent specified in the
Notice; and
b, deliver in the manner, at the times, and to the extent directed by the
Contracting Officers, work in progress, completed work, supplies, and
other material produced as a part of, or acquired in respect of the
performance of the work terminated or suspended by the Notice.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate
against any employee or applicant for employment because of race, religion,
color, national origin, or because of age, physical handicap, sex, marital status,
change in marital status, pregnancy, or parenthood when the reasonable
demands of the position do not require distinction on the basis of age, physical
handicap, sex, marital status, changes in marital status, pregnancy, or
parenthood. The Contractor shall take affirmative action required by law to
ensure that applicants are employed and that employees are treated during
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employment without regard to their race, color, religion, national origin, ancestry,,
age, or marital status.
19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign,.,
subcontract or delegate this Agreement, or any part of it, or any right to any of
the money to be paid under it without written consent of the Contracting Officers.
20.0 INDEPENDENT,,,,,,,,,,,CONT,RACTOR, The Contractor shall be an independent
contractor in the perfonnance of the work under this Agreement, and shall not be
an employee or agent of the Borough or of the City,
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the
Contractor shall pay all federal, state and local taxes incurred by the Contractor
and shall require their payment by any other persons in the performance of this
Agreement.
22.0 PRECEDENCE AND DIVISIBILITY, The provisions of this Agreement shall fully
govern the services performed by the Contractor, If any term, condition, or
provision of this Agreement is declared void or unenforceable, or limited in its
application or effect, such event shall not affect any other provisions hereof and
all other provisions shall remain fully enforceable.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties as to the services to be rendered by the Contractor. All previous or
concurrent agreements, representations, warranties, promises, and conditions
relating to the subject matter of this Agreement are superseded by this
Agreement.
DISPUTES. Venue for all claims and disputes under this
24.0 CIA.IMS......AND,,, ,,,,,,,,,,,,,,, ,,....................
Agreement, if not otherwise resolved by the parties, shall be in the appropriate
Alaska State court in Anchorage or Kodiak,Alaska.
25.0 CHANGES IN SCOPE OF WORK.
25-1 General, Additional services not specifically provided for in this
me
Agreent will not be compensated.
25.2 Cha ;gles in Scope of Work,, The Contracting Officers may, at any time, by
a written Change Order delivered to the Contractor, make changes to the
scope of work, or authorize additional work outside the scope of work to
the extent authorized by Borough and City appropriations,.
25.3 Com ensation to the Contractor. If any Change Order for which
.............................
compensation is allowed under this Article causes an increase or
decrease in the estimated cost of, or time required for, the performance of
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any part of the work under this Agreement, or if such change otherwise
affects other provisions of this Agreement, an equitable adjustment will be
negotiated. Such an adjustment may be:
a. in the estimated cost or completion schedule, or both;
b. in the amount of fee to be paid;and
c. in such other provisions of the Agreement as may be affected, and the
Agreement shall be modified in writing accordingly.
25.4 Any claim by the Contractor for adjustment under this section must be
asserted within fifteen (15) days from the day of receipt by the Contractor
of the notification of change; provided, however, that the Contracting
Officers, deciding that the facts justify such action, may receive and act
upon any such claim asserted at any time prior to final payment under this
Agreement. Failure to agree to any adjustment shall be a dispute within
the meaning of Section 2540 of this Agreement.
26.0 LIM.IITAT>ION,0F,FU,NDS,
26.1 At no time will any provision of this Agreement make the Borough or City
liable for payment for performance of work under this Agreement in
excess of the amount that has been appropriated by the Borough
Assembly (for the Borough) or City Council (for the City) and obligated for
expenditure for purposes of this Agreement.
26.2 Change orders issued pursuant to Section 25 of this Agreement shall not
be considered an authorization to the Contractor to exceed the amount
allotted in the absence of a statement in the change order, or other
modification increasing the amount allotted.
26.3 Nothing in this Section shall affect the right of the Borough and City under
Section 17 to terminate this Agreement.
27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of
the Borough and City before execution of this Agreement, if any, shall be
deemed to be work done after its execution and shall be subject to all the
conditions contained herein.
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28.0 Any notices, bills, invoices, or reports required by the Agreement
shall be sufficient if sent by the parties by electronic mail or by United States
mail, postage paid,to the addresses noted below:
Kodiak Island Borough McCarty and Associates
Attn: Borough Manager Attn: Heather McCarty
710 Mill Bay Road, Room 125 1537 Pine Street
Kodiak,AK 99615 Juneau,AK 99801
Oq@ssjOy@Kodiakak.us hdmccartyAgmaii,com
City of Kodiak
Attn: City Manager
710 Mill Bay Road
Kodiak, AK 99615
aknlaziowski city.kodiak.ak.us
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Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
IN WITNESS WHEREOF,the parties have executed this Agreement.
Kodiak Island Borough McCarty and Associates
By: Charles E. Cassid J\ B : Heather McCa
Y Y Y rtl+
e- Manage Title: Owner /
Date:
IT y O
a G
&e C
Baro erk
(Borough seal)
City of Kodiak
By: Aim6e Knia wski
Title: C' an er
Date: 4 /
ATTEST:
("05
Debra Madar, MMC i ja
City Clerk
SAS
(City seal)
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Page 17 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
REPRWrEDFROIA P,,FARCHPJE THFP 0A ONAL TRANSAZI10 NUAV OCUIZE AMTONAL Fin RMS
EmInsurance,,, POLICY NUMBER: H2021239
A 1jhLnV.%1Utktd C
SAFECO INSURANCE COMPANY OF INDIANA
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED: RENEWAL
3114 BALSIGER
PO BOX 20871 POLICY PERIOD FROM. ]AN. 31 2014
JUNEAU AK 99802-0871 TO: ]AN. 31 2015
at 12:01 &M. standard time at
the address of the insured as
AGENT, stated herein..
BUDGET INSURANCE AGENCY AGENT TELEPHONE:
3090 DOUGLAS HWY (907) 586-2603
)UNEAU AK 99801.1r1914
RATED DRIVERS JIM BALSIGER, HEATHER MCCARTY
1967 VOLVO 1800 2 DOOR SEDAN IOM 18345I024294
2010 SUBARU FORESTER 2.5X LII 4 DOOR ID# JF2SH6DC3AH751591
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
[COVERAGES..... 1967-VOLV LIMITS PREMIUMS 2010 SURA LIMITS I PREMIUMSJ
LIABILITY:
BODILY INIURY S50,000 S 83.10 $50,000 S 106.70
Each Person Each Person
$100.000 $100.000
Each Occurrence Each Occurrence
PROPERTY DAMAGE $25,000 51.30 $25,000 95.20
Each Occurrence Each Occurrence
MEDICAL PAYMENTS S5,000 17.50 55,000 24.60
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY 550,000 38.90 $50.000 38.90
Each Person Each Person
5100.000 5100,000
Each Accident Each Accident
PROPERTY DAMAGE S25,000 32.70 $25,000 32.70
Each Accident Each Accident
COMPREHENSIVE Actual Cash Value 104.40
Less SIGO Deductible
Full Safety Glass
COLLISION Actual Cash Value 221.10
Less SIOOO Deductible
---------- ---------
TOTAL S 223.50 TOTAL S 613.60
TOTAL EACH VEHICLE: 1967 VOLV S 223.50
2010 SURA 613.60
PREMIUM SUMMARY PREMIUM
VEHICLE COVERAGES S 837.10
DISCOUNTS & SAFECO SAFETY REWARDS You saved $153.90 Included
----------
TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES . ...... ..... ...... ...... ...... ... S 837.10
IF YOU PAY IN FULL OR USE THE 2-PAY PLAN THE PREMIUM WILL BE REDUCED TO S 737.10*
*This includes the available S100.00 hilling plan discount.
-CONTINUED-
P 0 BOX 515097, LOS ANGELES, CA 9005I
SA-1697/EP 9M Page I of 2 DATE PREPARED: DEC. 22 2013
P.0
Page 18 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM W.A.
Kodiak Island Borough
• OFFICE of the MANAGER
l T 710 Mill Bay Road
. ' Kodiak,.Alaska 99613
I'honc (907) 486-9301 Fax (907) 486 9374
- �"— �-r��.�ml:ha�asstd} Acxliak:�6.t�5
January 30, 2014
Heather McCarty
McCarty and Associates
1537 Pine Street
Juneau, AK 99801
RE: Contract Insurance Requirements
Dear Ms, McCarty:
This letter reilects the decision of the Contracting Officers to modify the insurance
requirements described in Section 11.0 of the Professional Services Agreement with
McCarty and Associates for Fisheries Analyst Consulting and Related Services.
Pursuant to the authority granted to the Contracting Officer to revise the amounts and
types of insurance to be provided by you as the Contractor, this letter acknowledges our
agreement that professional liability insurance shall not be required. Workers'
Compensation is only required if McCarty and Associates has employees. If not, no
workers 'compensation insurance is required.
N0,&0 D,&0
Kodiak Island Borough
CIRC �. .� �••, e to
A.
Charles E. Cassidy, Jr., Boro g an er
9�SK(A 4K10 '
City of Kodi k
r , test: �{'i1tirA+�.QL•-� 1�-�.a '�'�
0
Aimee Kniaziows i)City Manager
�R
Page 19 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
"-'REP"TFORROU DIE ARCKVE THEORIMMAt T""4ACr"MAY DICLWE AMI O M FORMS"-
Insurance.. POLICY NUMBER: H2O21239
. - o
A Ilbraar•11uru�1 Campan
SAFECO INSURANCE COMPANY OF INDIANA
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED: RENEWAL
JIM BALSIGER
PO BOX 20871 POLICY PERIOD FROM: JAN. 31 2014
]UMEAU AK 99802-0$71 TO: JAN. 31 2015
at 12:01 A.M. standard lima at
the address of the insured as
AGENT: slated herein.
BUDGET INSURANCE AGENCY AGENT TELEPHONE:
3090 DOUGLAS HWY (907) 586-2603
JUNEAU AK 99801-1914
RATED DRIVERS JIM BALSIGER, HEATHER MCCARTY
1967 VOLVO 1800 2 DOOR SEDAN IDM 183451014294
2010 SUBARU FORESTER 2.5X LIMI 4 DOOR IDA JF2SH6DC3AH7S1S91
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
COVERAGES 1967 VOLV LIMITS PREMIUMS 2010 SURA LIMITS PREMIUMS
LIABILITY:
BODILY IN3URY 550,000 $ 83.10 SSO.000 S 106.70
Each PersonEach Person
5100,000 5100.000
Each Occurrence Each Occurrence
PROPERTY DAMAGE 525,000 51.30 S25,000 85.20
Each Occurrence Each Occurrence
MEDICAL PAYMENTS 55,000 17.50 55,000 24.60
UNINSURED AND UNDERINSURED MOTORISTS:
BODILY INJURY 550,000 38.90 $50,000 38.90
Each Person Each Person
5100,000 51001000
Each Accident Each Accident
PROPERTY DAMAGE S2S,000 32.70 $25,000 32.70
Each Accident Each Accident
COMPREHENSIVE Actual Cash Value 304.40
Less $100 Deductible
Full Safety Glass
COLLISION Actual Cash Value 221.10
Less $1000 Deductible
-
TOTAL $ 22350 TOTAL $ 613,50
TOTAL EACH VEHICLE: 1967 VOLV S 223.30
2010 SURA 613.60
PREMIUM SUMMARY PREMIUM
VEHICLE COVERAGES S 837.10
DISCOUNTS & SAFECO SAFETY REWARDS You saved SI53.90 Included
---
TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. 5837.10
IF YOU PAY IN FULL OR USE THE 2-PAY PLAN THE PREMIUM WILL BE REDUCED TO $ 737.10•
'This includes the available $100.00 billing plan discount.
-CONTINUED-
P 0 BOX 515097, LOS ANGELES. CA 90051
SA;169710 2mo Page 1 of 2 DATE PREPARED: DEC. 22 2013
Page 20 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
M
OL
9
M
:3 ---------------------
:F-
Er Alaska Business License 0 1000433
0
0
Alaska Department of Commerce.Community,and Economic Development
Division of Corporabons,Business and Professional Licensirm
z P 0 Box 1108G,Juneau.Alaska 99811-
O
This a 10 cerfify that
MCCARTY AND ASSOCIATES
CD
1537 PINE T. JUNEAU AK 99801
owned by
do
HEATHER MCCARTY
(D
2 is licensed by the department to conduct business Far the peur riod
rD
January 29,2014 through December 31.2014
for The following line of business-
54-Prolessisonal,Scientific and Technocal Services
This Werse shall nut be W"2s prunes to do business in Viettuto wsr�A
%.Ilt r twwV comphed wiM me aMar Mwernern at the Left of ft Sm or at vie Urelod SwWi
ace at Me buskMs DaMuen
This se be licennurst pas*d In 2 sus conspajpL
in is nut trairailerable or assUriahhs
X
Susan K Sel
ns r
rn
---------- -----
r
AGENDA ITEM O.A.
e�Er.6 4-
January 21,2014
Kodiak Island Borough
Office of the Manager
710 Mill Bay Road
Kodiak,AK 99615
Dear Mr.Cassidy:
1 am submitting this proposal in response to the Request for Proposals for the services of
a Fisheries Analyst for the Kodiak Island Borough and the City of Kodiak.Along with
this transmittal letter I attach the required Implementation Plan,my company profile and
work experience and credentials in the form of an expanded CV,my proposed fee,and
four references.
It is with great pleasure and anticipation that I submit a proposal to work with the
community leaders and people of Kodiak.I am a 35-year resident of coastal Alaska
fishing communities,from a commercial salmon fishing family,and a true believer in the
need for reasonable and informed local decision-making to sustain and develop this
state's fisheries resources.Although I have never lived in Kodiak,I have been visiting
your beautiful island regularly for more than 20 years,as a long-time member of the
Policy Council for your"Fish Tech"Center,as a faithful ComFish attendee,as a member
of the North Pacific Council"family,"and as a consultant for a Kodiak processor who
works with all species.
My experience and familiarity with the local commercial and sport fisheries has been
augmented by ten years of work with a community development group in the Bering Sea,
where I gained an appreciation for the importance of subsistence fisheries to the Alaska
Native cultures.The long association with the University of Alaska School of Fisheries
and Ocean Sciences in both an advisory capacity and as an administrator of an industry-
funded marine research program has given me insight into the important rale of science
in sustaining fisheries.I also served for three years as the fishery representative on the
North Pacific Research Board,advocating for research in support of pressing fishery
management issues.
As to current experience in the fishery regulatory process,I have attended every meeting
of the North Pacific Fisheries Management Council(NPFMC)for the last 15 years,
serving on a Council committee,making testimony and moving forward a number of
important Council actions on behalf of employers and clients.I have also been to every
regular meeting of the International Pacific Halibut Commission(IPHC)for the last six
years,and have served on its Processor Advisory Group during that period.I cut my
regulatory teeth on salmon issues when 1 worked with the salmon industry in Prince
William Sound,moving actions through the Board of Fisheries(BOF)and the
Department of Fish and Game.I have not spent a lot of time in the last few years at the
BOF,but I am very familiar with that process.
Page 22 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM M.A.
Because of my varied experiences,I understated fishery resource management issues in
Alaska,from several different perspectives:harvesting,processing,aquaculture,
marketing,Alaska Native culture,sustainability,research and education.I have
participated in formal and informal bodies,boards and commissions at all levels,and am
able to communicate well in those settings.
I am very conversant with the State Constitution and the State and Federal fishery
regulations,and with the processes that create them.The Magnuson Stevens Act with its
national standards has been in my briefcase for years,and is dog-eared from use.I have
taken a national course in the NEPA regulations that guide Federal regulatory decision-
making.
One of my personal and professional hallmarks is fairness and honesty;I hope that
conversations with my references will bring that out.Because 1 have represented many
different sectors and interests,and have lived in and focused on fishing communities,I
really do perceive and approach issues from multiple angles—and always with the
interests of the community uppermost.I believe I can offer unbiased fisheries analysis
and advice to the community leaders of Kodiak.
It is clear to me that some might consider my work with a Kodiak processor a conflict of
interest with representing the City and Borough of Kodiak.If I am asked to work with
Kodiak,I am prepared to immediately and completely end that professional relationship.
My other client relationships,in my opinion,could not be judged a conflict of interest.
Regarding technical considerations,I do have property and car insurance,including
liability insurance,and can provide that information.I do not have professional liability
insurance,as it has not been required in other contracts and it is a considerable expense.l
am in the process of renewing my Alaska business license.
I believe I have provided all of the required information—but if you have any questions
or need additional information please call or email me any time..,l look forward to hearing
from you,and to serving the people of Kodiak.
Best regards,
Heather McCarty
Page 23 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services....
AGENDA ITEM O.A.
Heather Davies McCarty
McCat-ty and Associates
1537 Pine Street
Juneau,Alaska 99801
(907)5864260,cell(907)351-6794
Email:hdmccartyQagmail.com
Overview
The group's principal has a professional background in state and federal government
relations and advocacy,marine research management,public relations and education,
collaborative ocean policy development,seafood marketing and sales,commercial
fishing,advertising,aquaculture policy development,marine resource conservation,
seafood product development,video and print production,fisheries journalism,public
speaking and teaching.
In 1996,moved from commercial salmon fishing and private non-profit salmon
aquaculture to a mid-sized seafood company involved in salmon processing,and in
harvesting and processing pollock and other groundfish in Alaska.In 1998,began
representing the association of mid-water pollock catcher/processors,dealing with state
and federal agencies,the Alaska Legislature,and Alaskan fishing communities and
organizations.
During 1999/2000,conceived and implemented the formation of the Pollock
Conservation Cooperative Research Center(PCCRC)at the University of Alaska
Fairbanks School of Fisheries and Oceans Sciences,which has to date provided S 13
million in marine research funding to the University.
With other sectors,in 2001 founded a fishing industry coalition in Juneau to undertake
public education and resource conservation for Alaska's fisheries,the Marine
Conservation Alliance.
Began McCarty and Associates in Juneau in December 2001.The group's current major
clients include the PCCRC at the School of Fisheries and Ocean Sciences;the Central
Bering Sea Fishermen's Association,a Western Alaska Cottununity Development Quota
(CDQ)group on St.Paul Island;and Pacific Seafood Kodiak,a groundfish and salmon
processing company.Recent past clients include Signature Seafoods,an Alaska salmon
processing company in Southeast Alaska,and Chignik Fishermen United,an association
of Gulf of Alaska salmon sciners.
In 2003,helped bring together the diverse sectors of industry,Alaska Native entities,
communities,agencies and conservation groups in the Pribilof Island Collaborative to
seek common ground on resource issues in the Bering Sea.
Page 24 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
Work Experience
President,McCarty and Associates,Juneau,Dec.2001 to present
Director of Alaska Affairs,At-sea Processors Association,Jan. 1998 to Dec.,2001
Business Development Manager,Golden Age Fisheries,Juneau,Jan, 1996 to Jan. 1998
Marketing Manager,Prince William Sound Aquaculture Corp.,Cordova, 1992.1995
Public Relations Manager,Prince William Sound Aquaculture Corp., 1989.1995
Fisheries policy,government affairs and public relations consultant, 1985 to present
Fisheries journalist, 1982-1989
Editor,Cordova Times, 1979-1981 and 1984-1985
Manager,Alaska Legislative Information Office,Cordova, 1983-1984
Commercial salmon seine and giIlnet fisherman,Cordova, 1976 to 1996
English and journalism professor,Walla Walla Community College,WA, 1969-1976
Education
BA,English,Whitman College,Walla Walla,Washington, 1969
Industry and Public Service
Marine Fisheries Advisory Committee(MAFAC),national advisory committee to
National Marine Fisheries Service,member 2005 to 2011,Chairman 2010 to 2011
North Pacific Research Board,Executive Board Member for Fisheries 2009 to 2012,
Advisory Panel Chair 2003 to 2007
Advisory Council,School of Fisheries and Ocean Sciences(SFOS),University of Alaska
Fairbanks(UAF),Vice-Chairman 1998 to present,member since 1994
In1cmational Pacific Halibut Commission,Processor Advisory Group,member 2006 to
present
Page 25 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM #3.A.
Policy Council,Fishery Industrial Technology Center Kodiak,SFOS,UAF,Chairman
1994 to 1999,member 1993 to present
Alaska King Crab Research,Rehabilitation and Biology(AKCRRAB)Program,Founder
and Steering Committee member,2006 to present,Co-Chairman 2011 to present
Alaska Seafood Marketing Institute(ASMI),Vice Chairman,2003-2004,Board of
Directors, 1994 to 2004
Pribilof Island Collaborative,Steering Committee,2003 to present
Alaska State Task Force on Marine Protected Areas,2003
Alaska Legislative Salmon Task Force,Governance Committee,2002 to 2004
North Pacific Anadromous Fish Commission,Annual Meeting 2003,U.S.Advisor
Managing Our Nation's Fisheries,a conference on fisheries management in the United
Stales,Washington D.C,November 2003,Scientific Research Panel presenter
Sheldon Jackson College,Sitka,Board of Trustees,Vice Chairman,2001 to present
Heinz CcntedNMFS Workshop on IF and Community Programs,panelist May 2002
Juneau Economic Development Council Board of Directors,2002 to 2005
North Pacific Fisheries Management Council,Essential Fish Habitat Committee,2001 to
2006
Marine Conservation Alliance,Chairman,EFH/MPA Committee,2001 to 2006;Board
Treasurer 2003
United Fishermen oFAlaska,Board of Directors 1999 to 2001
Alaska Fisheries Development Foundation,President, 1997 to 2002,member 1993 to
2002
Governor's Task Force for Non-Tanker Oil Transport,2000
ASMI Salmon Crisis Response Committee,Co-Chairman, 1996
ASM]Legislative Committee, 1996
Governor's Task Force,State Loan Evaluation, 1996
Salmon For Alaska's Future,Steering Committee, 1996
Page 26 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM #3.A.
Prince William Sound Fisheries Ecosystem Research Planning Group, 1993-1994
Alaska Dept.of Commerce Salmon Development Project Steering Committee, 1992
PWS Economic Development Council,Board of Directors, 1992-1995
City Council,Cordova,Alaska, 1991- 1992
Cordova Oil Spill Committee, 1989-1990
Page 27 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
Implementation Plan
Overview
The work of the Kodiak Fisheries Analyst must be informed by a thorough understanding
of the importance of the Fisheries resources to the diverse user groups,support industries
and governmental entities in the community of Kodiak.Residents of the City and
Borough of Kodiak,and the non-residents who use the fisheries and community services,
share a common goal:sustainable management of the marine resources in a manner that
supports the resource users and the economy of Kodiak.
Without the docks,the roads,the water,the power,the hospital,the repair shops,the
grocery stores,the fuel dealers,the medical care,the airport,the Coast Guard—the
community assets—there would be no support for the world-class Gulf of Alaska
fisheries.Without the processors there would be no harvest coming to town.Without the
harvesters there would be no processors.And without the fish,there would be no user
groups and support businesses,and the economy of Kodiak would be greatly reduced.
The monitoring and analysis of pertinent fisheries issues and processes will be informed
by the clear goals and objectives of the community and the user groups.The issues will
be reported regularly,with an analysis of how each issue and policy decision is likely to
affect the community and its economy.
Scoping
Working with the Borough Assembly and Manager,the City Council and Manager,and
the Kodiak Fisheries Work Group,we will review the overall goals and the specific
expectations of those groups,as well as determine the best methods of reportage and
information transfer.In addition,I will also communicate early on with the major
fisheries,civic and regulatory organizations in Kodiak to more fully understand their
points of view regarding the importance of the marine resources to Kodiak.
Of particular interest will be the comprehensive list of ten community objectives recently
developed by the Fisheries Work Group.This excellent list was put together after a
number of meetings of that group in relation to the expected rationalization of the major
groundfish fisheries in the Gulf of Alaska.However,the principles therein can be applied
to many other fishery-related issues and processes,both Federal and State.it may be
helpful to further refine those principles through a discussion process as needed,and use
them as a basic measure for the analysis of fisheries issues and policies.
I understand the City and Borough have discussed commissioning an economic study to
further quantify the contribution and importance of the fishing industry to the Kodiak
community.If the resources are available and the City and Borough agree,1 support such
a study,and can advise the process of developing the scope of work and identifying
potential experts.
Page 28 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM M.A.
The important questions are:what is the importance of the fisheries to the people and
economy of Kodiak Island,and what are the principles that will guide the development of
the policy positions and strategies of the community.
Activities and Deliverables
1 will attend every meeting of the North Pacific Fisheries Management Council(NPFMC)
and the International Pacific Halibut Commission(IPHC).I will also attend all meetings
of the Alaska Board of Fisheries and any other meetings where regulatory changes
relevant to the Kodiak area fisheries are discussed.I will also monitor and review all
actions and decisions of the National Marine Fisheries Service and the State of Alaska
Department of Fish and Game that might affect Kodiak fisheries.
Within a week after the conclusion of each of these meetings,l will provide to the
Borough Assembly and the City Council a written summary of issues and actions that
could affect the Kodiak economy.On a quarterly schedule,I will provide written reports
to the Borough Assembly and the City Council,and make presentations at their joint
meetings.The reports will include a summary of work performed,as well as a description
and preliminary analysis of ongoing issues and proposed regulatory changes.
As often as needed and directed I will prepare analyses of the economic impact of
proposed regulatory changes,both Federal and State.
It is important that community leaders have the background information to fully
understand and make policy decisions on the fisheries issues that will affect their
constituents.With my knowledge of fisheries management and background in
collaborative discussion and mediation,I can offer the Borough and Council and
Fisheries Work Group both historical perspective and the most current aspects of each
issue.This sort of information exchange can take place as often as desired—I will make
myself available as the Council and Assembly directs,but suggest at least one or two
introductory workshop-style session on major issues towards the beginning of the
contract. I will also be available to address other community groups as directed.
Page 29 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
Proposed Fee Schedule
I propose to provide the services and deliverables detailed in the Implementation Plan,
and any additional duties as assigned,for a fee of 55,400 per month,payable upon
presentation of an invoice at the end of each month.
The City and Borough will reimburse McCarty and Associates upon presentation or
receipts for travel costs to and from the Island of Kodiak,and lodging and meals,for the
quarterly trips required by the contract,and any other travel to Kodiak directed and
approved by the City and Borough.
The costs of attending all five regular annual meetings orthe North Pacific Fisheries
Management Council will be born by McCarty and Associates.
The costs of attending the International Pacific Halibut Commission(two meetings
annually),and the pertinent meetings of the Alaska Board of Fisheries or any other
regulatory body,as directed and approved by the City and Borough,will also be
reimbursed upon presentation of receipts.
Page 30 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
References
Paula Cullenberg
Director,Alaska Sea Grant Program and Kodiak Seafood and Marine Science Center
Work phone:907 274-9691
Email:gaula.cuilenberg[a-alaska.edu
Doug DeMaster,PhD
Director,Alaska Fisheries Science Center,Juneau and Seattle
Work phone:907 789-6617
Cell phone:206 399-1531
Email:doug1as.demasterna1noaa eov
Denby Lloyd
Executive Director,North Pacific Research Board,Anchorage
Cell phone:907 321-1490
Email: denby.11oydriemail.com
Chris Oliver
Executive Director,North Pacific Fisheries Management Council,Anchorage
Work phone:907 271-2809
Email:chris.olive a noaa.gov
Page 31 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM W.A.
rA-,Z,
Request for Proposals:
FISHERIES ANALYST
1. AUTHORITY
A. The authority to issue this Request for Proposal(RFP)is granted under
KIBC 3.30.1 WCompeoitive sealed proposals Negotiated procurement.
2. PURPOSE AND INTENT
A. It is the primary intent of this RFP is to select a qualified firm or
individual to act as a Fisheries Analyst. The Fisheries Analyst will work
jointly for the local governments of Kodiak Island: the Kodiak Island
Borough(KIB)and the City of Kodiak(City), The selected proposer will
enter into a term contract for a period of two years with options for two
additional one year extensions. The term contract will include six month
initial review to ensure an understanding of the Scope.The contract will
also include a termination clause by either party with a 30 day notice
B. The work shall be performed in comphance with all applicable federal,
state and local re(luiremcrits.The KIB and City require all work-to be
perforined efficiently,cost effectively,and according to best business
practices of the industry.
3. BACKGROUND/SITUATION
The economy of the Kodiak region is based on a healthy,diverse and well-
managed fisheries resource that includes more than 30 species of fish harvested
and processed onshore.The Kodiak region comprises ses all fisheries user groups--,
subsistence,sportfish,commercials rtfish,personal use,commercial fish, the
processing sector, fisheries research and protection sectors,and the fishing
industry support sector. Policy development and regulatory management in the
Kodiak region is challenging because of the need to address such diverse and
competing concerns asspecies fished,vessel sire,gear type, limited entry
permits,quota share, limited license permits,and crew share interests.
4. SCOPE(aim or purpose)
The primary role of the Fisheries Analyst will be to monitor,analyze and report
on fisheries issues and policy developments that may impact or affect the
economy and community of Kodiak.
A. Monitor actions and pending decisions of regulatory bodies such as the
NOAA/National Marine Fisheries Service,the State of Alaska Department
of Fish and Game,and International Pacific Halibut Commission to
anticipate regulatory actions that could impact Kodiak's economy.
B. Attend meetings of the North Pacific Fisheries Management Council,State
of Alaska Board of Fisheries,and other fishery meetings as directed,to
Page 32 of 41
Amendment#1 to Contract No. FY 1 - Professional Services...
AGENDA ITEM O.A.
provide a summary of issues,discussion and actions to the Assembly/City
Council that could impact Kodiak's economy.
C. Provide written quarterly report to both ilia Borough Assembly and the
City Council and make presentations at joint Borouch Assembly/City
Council work sessions. Reporting should include discussions or updates
of ongoing concerns,introductions or proposed changes,and a summary
of work performed since the previous report.
D. Prepare analyses of potential impacts of proposed regulatory changes on
the Kodiak economy.
E Provide information to Assembly/Council to analyze and understand
issues based on facts and from a neutral point of view,and to make
decisions or develop positions on issues affecting or impacting the
economy and people of Kodiak.
F. The successful proposer should possess the following qualifications:
1.An understanding of local and regional fisheries to include species,
vessel and gear types, fisheries user groups--subsistence,sportfish,
commercial sportrish,personal use and commercial fish, and the
processing sector.
2. A thorough understanding of the Stage constitution regarding Alaska's
fisheries and all state and federal fisheries laws and regulations,
3. An understanding of fisheries resource management issues and how
they affect Kodiak's seafood industry and economy.
4. Documented recent experience in state and federal fisheries resource
management processes.
5.Current or recent involvement in the Fisheries regulatory process in both
the State and Federal environment, specifically the North Pacific
Fisheries Management Council, IC and AK Department of Fish and
Game,Board of Fish,
6. Familiarity with the Magnuson Stevens Act and how the national
standards pertain to community fisheries,
7. Ability to communicate effectively with local government bodies and
to provide written reports both to and on behalf or the governing
bodies.
8.The ability to remain neutral on divisive issues.
9. The ability to work well with boards and commission at the federal,
state and local leve Ls.
10.Ability to provide applicable insurance coverage,such as workers'
compensation,commercial automobile liability and professional
liability.
I I. Possession of a State of Alaska Business License.
Page 33 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
In the event that the proposer docs not possess the above qualifications,
the proposer must include a plan for addressing the lack of experience or
qualification.
Additionally, if a proposer possesses a perceived conflict of interest,the
proposer must also include a discussion about how the conflict of interest
will be avoided
G. The successful proposer will enter into a professional services contract
that must be approved by the Kodiak Island Borough Assembly and
Kodiak City Council.
5. REQUIRED INFORMATION
A. Proposals must include:
• Transmittal Letter
• Implementation Plan
• Company Profile
• Experience
• Credentials
• Proposed Fee
• References
• Ability to provide applicable insurance coverage
6. PROPOSAL PROCESS
A. Proposals will be accepted until 3:00 PM on Tuesday,January 21,2014. It
is the proposer's responsibility to deliver proposals to:
Kodiak Island BOrOL11111
Office of the Manager
710 Mill Bay Road
Kodiak,AK 99615
(907)486-9301
Faxed and electronic ro osals will not be accepted
B. Proposals must be clearly marked: FISHERIES ANALYST SERVICES
PROPOSAL
Provide six unbound topics of the proposal.
Page 34 f1
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
C. Evaluation Methodology: Each proposal will be evaluated according to
criteria and given the relative weight shown in the table below.
PROPOSED RATES 25%
QUALIFICATIONS/EXPERIENCE 25%
IMPLEMENTATION PLAN 25%
REFERENCES 15%
OVERALL QUALITY OF PROPOSAL 10%
A recommendation of the lop respondent will be made based on the results
of reference checks,qualifications of the firm and response to the Scope of
service provided. This will be submitted to the Kodiak Island Borough
Assembly and the City of Kodiak City Council for approval and award,
D. Miscellaneous
The K[B and City reserve the right to reject or accept any or all bids,to
waive irregularities or informalities in the proposal,and to give particular
attention to the qualifications of the Proposer.
KIB and City reserve the right to issue written addenda to revise or clarify
the RFP,respond to questions,and/or extend or shorten the due date of
proposals.
KfB and City retain the right to cancel the RFP process if it is in their best
interest. Any cost incurred by proposers for the preparation and submittal
of the proposal is the sole responsibility of the proposer.
A proposal may be corrected or withdrawn by a written request received
prior to the deadline for receipt of proposals-
All proposals become part of the public record and no part of any proposal
may be confidential.
All proposals and other material submitted become KI B and City property
and may be returned only at their option..
KI B and City assume no responsibility or liability for the transmission,
delay,or delivery of proposals by either public or private carriers.
Any and all media announcements pertaining to this RFP require KIB and
City s prior written approval.
This RFP does not obligate KIB and City or the selected proposer until a
contract is signed and approved by all parties.
Contact Borough Manager Bud Cassidy at(907)486-9302 or at b,pas"SidyAkQ" 45
with questions regarding this solicitation.
Page 35 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM
O.A.
April 1 ,2014
To: City and Borough of Kodiak
From: Heather McCarty, Fishery Analyst
Re: North Pacific Council meeting,April 2014
Summary of Council motions
The Council passed three motions regarding the Gulf of Alaska Trawl Bycatch
Management agenda item.Although the Council did not yet provide alternatives and
initiate a formal analytical process,the content of the three motions will be analyzed
in expanded discussion papers.Taken together,they will provide for analysis and
additional information regarding most of the elements that your Kodiak letter asked
to have included for further consideration.
The value of the Kodiak community contribution to the Council discussion was
noted on several occasions,and was greatly appreciated.Council members publicly
expressed how much they need and want continuing feedback from the Kodiak
community on relevant elements of the program as it is developed.
The First motion is an expansion of the State's original cooperative structure
framework motion that we commented on,and that was the subject of the
discussion paper we reviewed.The new motion adds several things:it specifies
100%observer coverage;adds consideration of allocation of several target species
in addition to pollock and cod, includes crab along with salmon and halibut as
Prohibited Species, includes specific alternative suites of years for eligibility and
processor association;and provides specific alternative percentages for vessel and
processor caps.
This motion continues to refine the elements of the voluntary cooperative structure,
with harvesters and their historic processor associated for at least the first two
years of the program,and the requirement that the cooperative agreement must be
signed by the processor and 51 to 0%of the license holders. It retains the option of
having the community in which the processor is located also sign the cooperative
agreement This leaves open the possibility(motion,section 7 ) that the community
could participate in setting contract elements such as"bycatch management,active
participation,mechanisms to facilitate entry,community provisions."
It was clear that the State and the Council is asking for further analysis of this
potential path for community participation for the achievement of community goals.
Page 6 of 41
Amendment 1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
The motion also elaborates on regional delivery requirements(motion,section 9b),
proposing that target species would be required to be landed in the region
designated based on historic delivery patterns during a particular suite of years,
either the qualifying years or 2011-2012.This section also includes an OPTION for a
PORT of Kodiak landing requirement for delivery of target species historically
delivered in Kodiak.
The section on community stability also includes the provision(section 9c)that
individuals or entities must meet certain fishery participation criteria in order to be
eligible to purchase a trawl license with associated history.It does not include those
criteria,but Council staff noted in a subsequent meeting that this could be a
placeholder for other Council objectives.
The motion Includes a request for information on latent trawl licenses and their
effect on the proposed cooperative program,to evaluate the need for further
recency criteria.It was noted in subsequent meetings that some trawl licenses could
end up with no quota or very little quota,depending on the suite of years chosen for
qualification.
The second Council motion picked up the CFA proposal submitted to the Council and
asked that it be reviewed.The Council asked for"an assessment of how a CFA
construct could be used to address the Council's problem statement and the goals
and objectives"for the action.The discussion will"compare and contrast the CFA
tool with provisions in the [main] motion that may provide specific community
protections."
In their discussion about this motion,some Council members indicated that they
were voting to analyze the concept rather than the specific CFA proposal,and that
the proposal could provide information for analysis but not necessarily a template.
One member said he wanted to work on community protection through adaptive
management.Another member said the proposal could"morph into something else,
one of the mechanisms that allows us to do adaptive management" It was pointed
out that coastal communities supported analysis of the concept.
The third motion was specifically about adaptive management,asking for a
discussion paper on the West Coast Trawl program adaptive management quota
provision.The maker of the motion indicated it was important to better understand
how that provision was arrived at in the Pacific Council process,how is it being
used,and why the decisions were made to include it in the program.
Potential Council schedule
The Council asked that the expanded discussion papers come back to them for
consideration at either the October or December Council meeting.It is more likely to
be December,but that will not be decided until late summer.At that meeting late in
2014,it is expected that the Council will adopt a suite of alternatives,and initiate a
Page 37 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
formal analysis. Final Council decision on the program will occur after that analysis
is complete,no earlier than late 2015. Following the final decision,the National
Marine Fisheries Service undertakes to write the Proposed Rule,which implements
in regulation the content of the final Council decision.The Proposed Rule is out for
public review for a set period of time,and then the public comments are responded
to,and a Final Rule is posted in the Federal Register-this process can take up to 18
months.
State Waters Fishery issues
The federal process is made more complicated by the need for the State of Alaska to
undertake a concurrent process to consider the coordination of the parallel fisheries
in State waters(0 to 3 miles)with the federal fisheries under a new management
program.Also,the Board of Fisheries(BOF)received a proposal from a Gulf trawler
to create a State pollock fishery open to all gear types and funded by 25%of the
total allowable catch of pollock.
I attended the meeting yesterday of the BOF Central Gulf of Alaska Walleye Pollock
Workgroup as they considered these issues.The workgroup is made up of
harvesters-by gear type and region-processors,and NMFS,Council and ADF&G
staff-a large group.
The group did not include community representatives or Western Gulf reps,so the
chair intends to add a harvester and a processor from the Western Gulf,a
representative of the Kodiak community,and a representative of a Western Gulf
community.The next meeting of this workgroup is in October,just prior to the
October Council meeting.
Recommendations
As I have pointed out in my emails this week,we have some timing questions to
consider at your upcoming meeting.We will be discussing the Gulf Trawl Bycatch
action and several other issues with the visitors from NMFS,but we do not have
time in advance of that discussion to discuss amongst ourselves and react to the
Council action from last week.So the discussion tomorrow-as John indicated-will
necessarily be limited to the contents of our previous position letter.
I recommend that at the beginning of the meeting I give a brief update
acknowledging and summarizing the recent Council actions,and saying that we
have not had the opportunity to review and analyze those actions-but that we
intend to at subsequent meetings.We should have the three motions available for
the public.
I also recommend that the FG schedule another meeting as soon as is workable to
discuss in more depth the Council actions,the State Waters issues,and the plans for
moving forward with community participation in this process.
Page 38 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM M.A.
From:Skinner Law Office, LLC[malito:skinnerlaw@gci.net]
Sent: Monday, February 22,2016 10:40 AM
To:'Marlar,Debra'; Nova Javier
Cc:'John Whiddon'
Subject- Fisheries Analyst Contract Additions
Hello Nova and Deb,
The following contract additions were developed on Friday through discussion by FWG members John,
Kyle,Larry and Rebecca. I was volunteered to write them up,and am now forwarding for inclusion in
the JWS packet.
Thank you,
Rebecca
1. Written reports
a. Within 7 days of attending any IPHC,Board of Fish and NPFIVIC meetings(attended by
the Contractor]Contractor will deliver a written report Identifying issues and actions
that could affect the Kodiak economy,Including a brief statement of the potential
Impact on Kodiak.
b. Following each FWG meeting Contractor will deliver a written report of the FWG
meeting summarizing key topics and listing any action Items Identified during the
meeting.
2. Biannual Performance Review
a. Every six months the FWG and Contractor will review Contractor's performance under
the contract land work together to clarify and resolve any Issues].
3. Disclosures
a. Contractor will deliver a written list of current clients,Including a brief description of
the nature or subject matter of representation[to be updated and submitted every six
months at the time of the biannual performance review].
SKINNER LAW OFFICE,LLC
326 Center Avenue,Suite 204
Kodiak,Alaska 99615
Phone/Fax: (907)512-0467
CONFIDENTIALITY STATEMENT
This electronic message transmission contains information from Skinner Law Office, LLC, 326 Center
Avenue, Suite 204, Kodiak, Alaska, 99615, (907) 512-0467, and Is confidential or privileged. The
Information is intended to be for the use of the Individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this
information is prohibited. if you have received this electronic transmission in error, please notify us by
return email. Thank you.
Page 39 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM M.A.
--Original Message—
From:Heather McCarty[malito:hdmccarty@gmaii.com]
Sent:Friday,February 19,2016 4:02 PM
To:John Whiddon;Assembly Member Skinner,LLC Skinner Law Office
Cc-Bud Cassidy;Aimee Kniaziowski;Nova Javier,Debra Marlar;KyleCrow;Larry LeDoux;Pat Branson;
Gabriel Saravia
Subject:Contract
John,Rebecca and all:
As per your request at the Wednesday FWG meeting,here are my thoughts on contract revision and
clarity,for discussion purposes only:
1.Make clear general duties.
2.Make clear that I make monthly reports to the FWG.These reports have been on pertinent fisheries
Issues,but could also include a brief summary of my activities the previous month.(Note that these brief
"activity reports"are currently provided to the Managers with my invoices.)As previously agreed to by
the FWG and the Borough Manager,quarterly reports are redundant and should be removed.
3.Consider whether It is advisable for me to also make periodic reports or presentations to the
Assembly and/or City Council.I have been producing detailed summaries of the FWG meetings,with the
intent that those summaries an the municipal websites may be accessed by the Assembly and Council
members as well as the public.Is this working?
4.Make clear who gives me direction.On administrative issues It has been the Borough manager.On
FWG work and deliverables,it has been the FWG Co-chairs with the agreement of the full FWG,as per
the guiding Resolution/s.
That pretty much covers It.If you have any questions,please call or email.
Best,Heather
Page 40 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
AGENDA ITEM O.A.
>>>>>—Original Message—
>>>>>From:Heather McCarty[malito.hdmccarty@gmaii.com]
>>>>>Sent:Monday,March 07,2016 5:39 PM
>>>>>To:Bud Cassidy;Bill Roberts;Kniazlowski,Aimee
>>>>>Subject:Re:Final DRAFT Professional Services Agreement Fisheries Analyst-McCarty 12)
>>>>>Bud and Bill and Aimee:
>>>>>Here is the draft you provided today,with my suggestions for revision and several comments.I
imagine it will look different when the attorney makes it into an extension with amendments.I can
review It again at that point.
>>>>>Also,can you send me Exhibit A from the original contract,in case we need to make any
adjustments there as well.
>>>>>FYI,as indicated in my CV,my current clients are:
>>>>>1.Central Bering Sea Fishermen's Association IC SFA',the CDQ entity for St.Paul Island in the
Bering Sea(10 years)2.School of Fisheries and Ocean Sciences,UAF(10 years)
>>>>>I do not have any clients involved in the Gulf of Alaska fisheries,and if fact ended my
representation of Pacific Seafood to begin working with the City and Borough two years ago.I do not
believe it appropriate to represent companies or organizations involved in the GOA fisheries while
working with the City and Borough as a fisheries analyst.
>>>>>Let me know what else you may need from me.
>>>>>Thanks,Heather
Page 41 of 41
Amendment#1 to Contract No. FY2014-26 Professional Services...
Kodiak Island Borough
Assembly Special Meeting Guidelines
March 10, 2016, 6:30 p.m., Borough Conference Room
1. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the
REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Assembly member Skinner who is absent due
to personal leave.
VOICE VOTE ON MOTION.
2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
AS'K 'SP ,;;AK!EI° S .rio 'S'IGN IN AND s rATI.Z. TFflI::.::]RINAI II ';;� 'FOR °°I"Il°°IE RIIE:CO'RO,
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Amendment #1 to Contract No. FY2014-26 Professional Services Agreement with
McCarty and Associates for Fisheries Analyst Consulting and Related Services (Joint
Contract of the Kodiak Island Borough and City of Kodiak with McCarty and Associates
of Juneau, Alaska).
Recommended motion: Move to authorize the Manager to execute A.Amendment
#1 to Contract No. FY2014-26 Professional Services Agreement with McCarty and
Associates for Fisheries Analyst Consulting and Related Services (Joint Contract
of the Kodiak Island Borough and City of Kodiak with McCarty and Associates of
Juneau, Alaska).
Staff Report—Administrative Official Roberts.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Contract for the Appraisal of Chiniak Timber.
Staff Report—Administrative Official Roberts.
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL_CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
March 10, 2016 Page 1
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CC U m N H
KODIAK ISLAND BOROUGH
SPECIAL MEETING AND WORK SESSION
Special Meeting and Work Session of: 3//O//�
Please PFIINT your name Please PRINT IN your name
1
View our website at
www.kodiakak.us.
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
At its Special Meeting of March 10, 2016, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular
Meeting of the Borough Assembly is Scheduled on Thursday, March 17, 2016, at 6:30 p.m. in the Borough Assembly Chambers.
AUTHORIZED the Manager to Execute Amendment #1 to Contract No. FY2014-26 Professional
Services Agreement With McCarty and Associates for Fisheries Analyst Consulting and Related Services
(Joint Contract of the Kodiak Island Borough and City of Kodiak With McCarty and Associates of Juneau,
Alaska).
Vol. FY2016, No. 22 March 11, 2016
Kodiak Island Borough
Assembly Newsletter