2016-02-24 Joint Work Session CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, February 24, 2016
Kodiak Library Multi-Purpose Room
7:30 p.m.
(City Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda are
sometimes discussed when introduced by elected officials, staff, or members of the
public, no formal action is taken at joint work sessions and items that require formal
action are placed on a regular Borough Assembly and/or City Council meeting agenda.
Public comments at work sessions are NOT considered part of the official record. Public
comments intended for the "official record"should be made at a regular Borough
Assembly or City Council meeting.
Page
1. Public Comments
2. Discussion of Extension of Fisheries Analyst Contract
2 - 15 A. Letter From the Fisheries Analyst/Existing Contract
f
Extension t ri s Anglyst Contract
-1 cContractnisi n
2016-02-19 inn r Analyst Cont c i io s
3. Purpose and Strategy of Fisheries Work Group
16 - 23 A. Fisheries Work Group Resolutions
Purpose n t t f the Fisheries Work GMup
Page 1 of 23
AGENDA ITEM 2.A.
February 15,2016
Aimee Kniaziowski,Manager
City of Kodiak
Bud Cassidy,Manager
Kodiak Island Borough
Dear Aimee and Bud:
As you may know,I have been in England the last six days for my brother-in-law's
funeral,so I apologize if I am a bit behind on news or communication regarding the
status of my contract renewal as Fisheries Analyst.I have seen the news articles on
Internet sites,and I spoke to Bud early last week.I understand that the Borough
Assembly began with a proposal for a one-year renewal,but ended up with a six-
month proposal.There was also some mention of revised deliverables,but I have
not yet heard anything specific.Subsequently,the City Council agreed on a one-year
renewal proposal.
I also understand that the Assembly and Council are planning to discuss the contract
renewal at a joint work session on February 24.In the meantime,the Kodiak
Fisheries Work Group plans a meeting on February 19 to discuss the KFWG itself.
And,the KFWG has on its agenda a discussion of the contract status on February 17.
1 have not been formally invited to participate in these discussions,but 1 would of
course be very pleased to be involved in any way you think appropriate.I am
especially interested in discussions about improving the structure and process of
the KFWG.
It might be helpful to give you my thoughts on the contract matter.The original
contract spoke to renewal of up to two years,in one-year increments,by mutual
agreement of the three parties.I would prefer a one-year renewal,as proposed by
the City Council.Apart from the fact that this is what the original contract
anticipated,there are several reasons why one year's renewal makes sense.
On behalf of the City and Borough,the KFWG has made enormous strides in its work
on several fisheries issues that directly affect the community of Kodiak The
economic study of fisheries'impacts on the economy of Kodiak was one of the
original deliverables requested at the beginning of my contract.We finally have that
study in motion,and it is due to be delivered in late spring,in time to be useful in
assessing the potential effects of federal fishery management proposals before the
North Pacific Fishery Management Council (NPFMC).It will also be important in
analyzing any number of other actions and decisions,ranging from State Board of
Fisheries management to tax and revenue issues.
1
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Letter From the Fisheries AnalystlExisting Contract
AGENDA ITEM #2.A.
One of the central fisheries issues affecting Kodiak,the Gulf Trawl Bycatch
Management(GTBM)action before the North Pacific Council,is just now reaching a
critical juncture.The North Pacific Council meets in Kodiak in June,to focus
specifically on community impact aspects of this management action.The major
decisions on the ultimate direction of this program will be made towards the end of
this year and into 2017.
As advisors to the City Council and Borough Assembly,the KFWG has been and
remains engaged in an in-depth study and review of the major issues of the GTBM
program.This process is on-going,with the need to bring new members of the
KFWG up to speed on the key elements of the proposed program,and how
alternative solutions may affect your community.Members of the KFWG are
particularly good about effectively involving members of the public in this effort.
The Co-chairs,and members of the KFWG and the City Council and Borough
Assembly,have already made significant impacts on the process by testifying to and
interacting with the NPFMC over the last two years.
The North Pacific Council has come to depend on your community process-which
has included two community forums and expert presentations-to arrive at and
provide balanced and educated input on the Gulf Trawl Bycatch issue.This need will
continue as the GTBM issue reaches critical decision points in October and
December.
Please let me know what level of input you might need from me as these discussions
go forward.I believe we need to discuss deliverables,streamlining of administration
and clarity of authority.I love working with the community of Kodiak and look
forward to continuing.
1 am copying the Mayors and the Co-chairs of the KFWG to keep them informed.Feel
free to share this with the other members of your municipal bodies-1 get the
feeling that 1 need to interact more frequently and effectively with them.
Best regards,
Heather McCarty
Cc: Mayor Pat Branson
Mayor Jerrol Friend
John Whiddon
Rebecca Skinner
2
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Letter From the Fisheries AnalystlExisting Contract
AGENDA ITEM #2.A.
Professional Services Agreement with
McCarty and Associates
for Fisheries Analyst Consulting and Related Services
This AGREEMENT, made and entered into this 7ths' 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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
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 (Exhibit
A).
2.0 TERM OF AGREEMENT. This Agreement shall take effect on February 7, 2014.
This Agreement shall remain in full force and effect for two years expiring an
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
Govemment 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 Contractors 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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
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 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.
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. The Contractor shall indemnify, defend, and hold harmless the
Borough and 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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Letter From the Fisheries AnalystlExisting Contract
AGENDA ITEM #2.A.
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 cant'
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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation,
performance and enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services
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 attomeys'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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
employment without regard to their race, color, religion, national origin, ancestry,
age, or marital status.
15.0 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 CONTRACTOR. The Contractor shall be an independent
contractor in the performance 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.
24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this
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
Agreement will not be compensated.
25.2 Changes 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 Compensation 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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Letter From the Fisheries AnalysttExisting Contract
AGENDA ITEM #2.A.
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 LIMITATION OF FUNDS.
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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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM #2.A.
28.0 NOTICES. 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
0q@§§jqjq§k0iakak.us hdmcca_ mail r
City of Kodiak
Attn: City Manager
710 Mill Bay Road
Kodiak,AK 99615
akniaziowski cir.kodiak,ak.us
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AGENDA ITEM#2.A.
IN WITNESS WHEREOF,the parties have executed this Agreement.
Kodiak Island Borough McCarty and Associates
By: C ries E.CassidyJ By: Heather McCarty
e anage Title: Owner r � /
Date:
O
" 2
Bo erk
(Borough seal)
City of Kodiak
r
2
By: Aimee Kniazi ski
Title: Canqger
Date: 9
ATTEST:
Debra Marlar, MMC
City Clerk
(City seal)
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Letter From the Fisheries AnalystlExisting Contract
I .
—Original Message—
From:Heather McCarty[mailto:hdmccarty@gmall.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 Saravla
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 on 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
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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITE 2. .
From:Skinner Law Office,LLC[maiko: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 NPFMC 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. Fallowing 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[and 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.
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Letter From the Fisheries Analyst/Existing Contract
AGENDA ITEM O.A.
CITY OF KODIAK
RESOLUTION NUMBER 2012-30
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND
THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE
OVERALL APPROACH TO FISHERY ISSUES BY THE KODIAK FISHERIES
WORKGROUP
WHEREAS, the economy and well-being of residents of the City of Kodiak and the
Kodiak Island Borough depend upon commercial,recreational,and subsistence fisheries;and
WHEREAS, revenues to the municipal governments are derived directly and indirectly
from activities of the fishing industry and related businesses;and
WHEREAS, the City of Kodiak and the Kodiak Island Borough wish to assure the
growth and sustainability of the region's fisheries;and
WHEREAS,the City of Kodiak and the Kodiak Island Borough have begun a program to
become directly involved in the public fishery policy decision-making processes of state and
federal governments;and
WHEREAS,fishery management,regulation,and policy decisions are often complex and
controversial and often affect various user groups in different fashions;and
WHEREAS, the City of Kodiak and the Kodiak Island Borough do not wish to unduly
favor any user group over another.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kodiak and the
Assembly of the Kodiak Island Borough to support and adopt the following statement of the
Kodiak Fisheries Workgroup's overall approach for consideration of fishery management issues
of interest and concern to the Kodiak region:
Overall Approach:
1. Focus on overall impacts to the community and maintenance and growth of
revenue streams.
2. Understand how various approaches will fundamentally impact fisheries and
resources.
3. Frame benchmarks and objectives as positive statements.
4. Refiain from taking positions on allocative questions(to the extent possible,while
understanding that many issues and decision will have allocative implications).
5. Focus on broad-scale program features (i.e., keep a 30,000 ft. viewpoint), unless
specific program elements threaten the goals for management programs as
referenced within Resolution No.2012-31 of the City of Kodiak.
Rcwlution No.2012-30
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Fisheries Work Group Resolutions
AGENDA ITEM O.A.
CITY OF KODIAK
MAYOR
ATTEST:
04,k, :P
ITY CLERK
Adopted:September 27,2012
w ;7
Resolution No.2012-30
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AGENDA ITEM #3.A.
1 Introduced by; Borough Assemby
2 Requested by,Kodiak Flaherles Warkgmup
3 Dratted by„ Borough Clark
Introduced on 09/20/2012
4 Adopted on! 0912012012
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO.FY 2013.09
8
9 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE
10 CITY OF KODIAK COUNCIL SUPPORTING THE OVERALL APPROACH TO FISHERY
11 ISSUES BY THE KODIAK FISHERIES WORKGROUP
12
13 WHEREAS, the economy and well-being of residents of the Kodiak Island Borough and
14 the City of Kodiak depend upon commercial,recreational, and subsistence fisheries:and
15
16 WHEREAS, revenues to the municipal governments are derived directly and Indirectly
17 from activities of the fishing Industry and related businesses:and
is
i4 WHEREAS, the Kodiak Island Borough and the City of Kodiak wish to assure the growth
20 and sustainability of the region's fisheries:and
21
22 WHEREAS, and the Kodiak Island Borough and the City of Kodiak have begun a
23 program to become directly involved In the public fishery policy decision-making processes
24 of state and federal governments;and
25
26 WHEREAS, fishery management,regulation,and policy decisions are often complex and
27 controversial and often affect various user groups in different fashions:and
28
29 WHEREAS, the Kodiak Island Borough and the City of Kodiak do not wish to unduly
30 favor any user group over another.
31
32 NOW,THEREFORE BE IT JOINTLY RESOLVED BY THE KODIAK ISLAND 130ROUGH
33 ASSEMBLY AND THE CITY OF KODIAK COUNCIL to support and adopt the following
34 statement of the Kodiak Fisheries Workgroup's overall approach for consideration of
35 fishery management issues of Interest and concern to the Kodiak region:
36
37 Overall Approach:
38 1. Focus on'overall Impacts to tha community and maintenance and growth of
39 revenue streams.
40 2. Understand how various approaches will fundamentally Impact fisheries and
41 resources.
42 3. Frame benchmarks and objectives as positive statements.
43 4. Refrain from taking positions on allocallve questions (to the extent possible, while
44 understanding that many issues and decision will have allocative implications).
Kodiak Island Borough Resolution No.FY2013-09
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Fisheries Work Group Resolutions
AGENDA ITEM #3.A.
45 5. Focus on broad-scale program features(i.e., keep a 30,000 fl, viewpoint), unless
46 speclfic program elements threaten the goals for management programs as
47 referenced within Resolution No. FY2013-10 of the Kodiak Island Borough,
46
49 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
5o THIS TWENTIETH DAY OF SEPTEMBER,2012
51
52 KODIAK ISLAND BOROUGH
53
54
55
56 ATTEST: Jero a M. Selby, Bo
57
58
59
60 4No .J4virough Clerk
Kodiak island Borough Resolution No.FY2013-09
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16
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AGENDA ITEM O.A.
CITY OF KODIAK
RESOLUTION NUMBER 2013-17
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND
THE KODIAK ISLAND BOROUGH DOCUMENTING THE KODIAK FISHERIES
WORK GROUP'S SCOPE AND AUTHORITY
WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be
well informed regarding the potential impacts of state and federal fishery management actions on
the Kodiak community;and
MiEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have
determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City
Council and Borough Assembly by identifying fishery management actions that could affect
Kodiak.
NOW,THEREFORE, BE IT RESOLVED by the Council of the it of Kodiak, Alaska,
that this resolution hereby creates the Kodiak Fisheries Work Group
BE ITFURTHER RESOLVED THAT:
1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three
representatives from the Kodiak City Council and three representatives from the Kodiak Is-
land Borough.
2. Organization. The work group shall designate two co-chairs at the first meeting of the
calendar year and shall of at least one meeting monthly,The co-chairs shall alternate pre-
siding at the meetings. The city manager, borough manager, and the fisheries analyst shall
serve as ex-officio,non-voting members oft a work group.
3. Purpose,Scope,and Authority.
a. Focus on ovemll impacts to the community and maintenance and growth of revenue
strearns.
b. Understand how various approacheswill fundamentally impact fisheries and resources.
c. Fmme benchmarks and objectives as positive statements.
d. Ran from taking positions on allocation questions to the extent possible while under-
standing that are issues and decisions will have allocation implications.
e. Focus on broad-scale program features unless specific program elements threaten the
goals for management programs as referenced%idrin Resolution No.2012-31 of the City
of Kodiak.
C Kodiak Fisheries Work Group will review the Kodiak Fisheries An yst/Consultant writ-
ten quarterly reports including background materials and analysis for fisheries issues of
importance to the community pursuant to the contractual report schedule.
Resolution No.2013-17
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AGENDA IrEM O.A.
4. Administrative assistance.The City and Borough Clerk's office staff shall-
a. Furnish the work group with copies of all requested documents and other information
necessary or reasonably related to the work group's functions;
b. Provide the work group with supplies,meeting space,and secretarial assistance;
c. Refer to the work group, for their discussion,all nonemergency matters within the scope
of its powers and duties prior to presenting those matters to the assembly for action;and
d. Transmit all recommendations and other communications from the work group to the
Council and Assembly.
5. Consensus.The affirmative votes of four(4)work group members shall be required to build
consensus of the work group. Consensus shall be given at a public meeting of the work
group.
6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No
business may be transacted nor any measure be considered that is not on the agenda. The
clerk shall prepare an agenda and it shall be distributed to work group members, along with
the meeting packet,one week prior to the regular meeting.
7. Meeting Notes/Summary.Bulleted notes shall be taken and shall be filed as a part of the
meeting packet.
Reporting.Work group members who are unable to attend a meeting shall advise the staff clerk
of the contemplated absence to maximize attendance and participation of members at these
meetings.
® CITY OF KODIAK
MAYOR
ATTEST:
L �^
CITY CLERK
Adopted:June 27,2013
Resolution No.2013-17
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AGENDA ITEM O.A.
1 Introduced by; Kodiak Fisheries Work Group
2 Requested by: Borough Assembly/City Council
3 Drafled by. Kodiak Fisheries Work Group
Introduced on: 06XIM013
4 Adopted on 08!0012013
5
6
7 KODIAK ISLAND BOROUGH
8 RESOLUTION NO. FY2013-32
9
10 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH
11 ASSEMBLY AND KODIAK CITY COUNCIL DOCUMENTING THE
12 KODIAK FISHERIES WORK GROUP'S SCOPE AND AUTHORITY
13
14 WHEREAS, it Is In Kodiak's best interests for its Borough and City governments to be
15 well informed regarding the potential impacts of State and Federal fishery management
16 actions on the Kodiak community;and
17
18 WHEREAS, the Kodiak Island Borough Assembly and the City Council have determined
19 that a Kod^ak Fisheries Work Group can provide valuable assistance to the Borough
20 Assembly and City Council by identifying fishery management actions that could affect
21 Kodiak;and
22
23 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH THAT this resolution hereby creates the Kodiak Fisheries Work Group;and
25
26 BE IT FURTHER RESOLVED THAT:
27
28 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of
29 three representatives from the Kodiak Island Borough and three representatives from
30 the Kodiak City Council.
31
32 2. Organization. The work group shali'designate two co-chairs at the first meeting of the
33 calendar year and shall hold at least one meeting monthly. The co-chairs shall
34 alternate presiding the meetings. The borough manager, city manager, and the
35 fisheries analyst shall serve as ex-officio, non-voting members of the work group.
36
37 3. Purpose,Scope,and Authority.
38 a. Focus on overall Impacts to the community and maintenance and growth of
39 revenue streams.
40 b. Understand how various approaches will fundamentally impact fisheries and
41 resources.
42 c. Frame benchmarks and objectives as positive statements.
43 d. Refrain from taking positions on allocation questions to the extent possible while
44 understanding that many issues and decisions will have allocation implications.
45 e. Focus on broad-scale program features unless specific program elements threaten
46 the goals for management programs as referenced within Resolution No. 2012-31
47 of the City of Kodiak.
48 f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant
49 written quarterly reports including background materials and analysis for fisheries
50 Issues of importance to the community pursuant to the contractual report schedule.
Kodiak Island BoroughlCily of Kodiak,Alaska Resolution No.FY2013-32
19 Page 1 of 2
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Fisheries Work Group Resolutions
AGENDA ITEM O.A.
5i 4. Administrative assistance.The Borough and City Clerk's office staff shall:
52 a. Furnish the work group with copies of all requested documents and other
53 information necessary or reasonably related to the work group's functions;
54 b. Provide the work group with such supplies, meeting space, and secretarial
55 assistance;
56 c. Refer to the work group, for their discussion, all nonemergency matters within the
57 scope of its powers and duties prior to presenting those matters to the assembly for
58 action;and
59 d. Transmit all recommendations and other communications from the work group to
60 the Assembly and Council.
61
62 S. Consensus.The affirmative votes of four(4)work group members shall be required to
63 build consensus of the work group.Consensus shall be given at a public meeting of the
64 work group.
65
66 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda.
67 No business may be transacted nor is any measure considered that is not on the
68 agenda. The clerk shalt prepare an agenda and It shall be distributed to work group
69 members,along with the meeting packet,one week prior to the regular meeting.
70
71 7. Meeting Notes/Summary. Bulleted notes shall be taken and shall be filed as a part of
72 the meeting packet.
73
74 8. Reporting.Work group members who are unable to attend a meeting shall advise the
75 staff clerk of the contemplated absence to maximize attendance and participation of
76 members at these meetings.
77
78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
79 THIS SIXTH DAY OF JUNE, 2013
80
81 KODIAK ISLAND BOROUGH
82
83
84
85 L °
86 Je me M. Selby, Borough May r
87
88 ATTEST:
89
90
91 1ka
92 Nova M. Javier, MMC,8 ugh Clerk
Kodiak Island Borough/City of Kodiak,Alaska Resolution No. FY2013.32
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