Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2016-04-21 Regular Meeting
Page Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 21, 2016, 6:30 p.m., Assembly Chambers i�I�1R�ZH_��NP► 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 9 A. *Regular Meeting Minutes of February 4, 2016. 2016-02-04 Regular Meeting Minutes 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Presentation of the Certified Municipal Clerk Designation to Deputy Clerk Angela MacKenzie C. Presentation to Outgoing Finance Director Karleton G. Short 10-37 D. Great Land Trust Presentation 2016-04-21 GLT Assembly Update 2016-04-21 Great Land Trust Assembly Update Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 1 of 367 8. COMMITTEE REPORTS E'1l21111J ]4I:yply_1:0IOrel 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 38-43 A. Reconsideration of Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Contract No. FY2016-44 Employment Contract with Mr. Michael Powers - Pdf 44-177 B. Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. Resolution No. FY2016-33 GSA Lease - Pdf 13. NEW BUSINESS 13.A. Contracts 178-290 1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Contract No. FY2016-45 Salvage Timber - Pdf 2016-04-21 final KIB A-1 Salvage Timber Sale Agreement 13.13. Resolutions 13.C. Ordinances for Introduction 291 -320 1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. KIB Ordinance No. FY 2016-19, P&Z Case No. 16-011 Results Letter, Applicable Meeting Minutes. and Case Packet - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us in Page 2 of 367 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) WIIIIIIIIIIIIIFTAN-3u: MA 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports 353-367 1. January and February 2016 Change Order Report, KHS Wilson, Other Projects Report, Project Budget Summary, and Project Contingency Summary. January 2016 Proiects Reports February 2016 Projects Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w. wwkodiakak.us 91 Page 3 of 367 13.D. Other Items 321 -335 1. Confirmation of Mayoral Appointments to the Marijuana Task Force. Mayoral Appointments Mariivana Task Force - Pdf 336-338 2. Declaring a Seat on the Architectural Review Board Vacant (Ms. Kelsea B. Kearns). Architectural Review Board Resignation - Pdf 339-342 3. Confirmation of Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson). Parks and Recreation Committee Appointment - Pdf 343-352 4. Confirming the Manager's Appointment of the Director of CA Finance. Director of Finance Appointment - Pdf Hiring of Finance Director Additional Information 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) WIIIIIIIIIIIIIFTAN-3u: MA 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports 353-367 1. January and February 2016 Change Order Report, KHS Wilson, Other Projects Report, Project Budget Summary, and Project Contingency Summary. January 2016 Proiects Reports February 2016 Projects Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w. wwkodiakak.us 91 Page 3 of 367 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 4, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on February 4, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. CROW moved to excuse Assembly members Frank Peterson and Rebecca Skinner who were absent due to personal leave. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. APPROVAL OF MINUTES Regular Meeting Minutes of January 7, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Judi Kidder thanked the Clerk's Office Staff for posting the agenda on Facebook for ease of sharing. She spoke about Ordinance No. FY2016-04, challenges of mobile home insurance and moving mobile homes. Kent Cross urged the Assembly to consider opting out of all marijuana because of the potential harmful effects. Bob Bowhev and Darius Kasorezak, commercial fishermen spoke in support of Contract No. FY2014-26 and listed statistics on the fisheries industry. They reminded the body that they were elected by the people to listen and represent the public at a higher level. That the City and Borough need to represent Kodiak's interests at the North Pacific Fishery Management Council. Darius Kasorezak spoke about the Jackson Mobile Home Park (JMHP) residents being displaced and that it should be a priority to get housing for these residents. He stated that marijuana has been legal since the seventies under the Raven Act and that efforts should be focused on stopping the hard drugs. An email from Mr. Bruce Short about the Anton Larsen Bay Road Extension Project was read into the record. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1 of 6 *Regular Meeting Minutes of February 4, 2016. Page 4 of 367 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of February 2016 as National Teen Dating Violence Awareness and Prevention Month. Mayor Friend proclaimed February 20, 2016 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize the Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. COMMITTEE REPORTS Bayside Fire Chief Howard Rue reported that Bayside Fire Department's registration with the State would assist with obtaining grants, organizational charting, and Incident Safety Officer (ISO) rating. On Saturday, February 6, 2016 officer training would begin at Bayside Fire Station for the first time from 10 a.m. until 2 p.m. Hose and ladder testing had commenced. Twenty-four volunteers attended drill, seven who would be taking firefighter 1 course to become certified firefighters. Building usage has gone up. He thanked Fire Protection Area No. 1 Chair Rebecca Nelson for her work in getting the fire department registered. He also thanked several volunteers for their help with cleaning up the facility and testing equipment. Assembly member Mel Stephens attended the School District Budget Advisory Committee meeting on January 25. It was a general kick off meeting for the FY2017 budget. The budget was similar to what it was last year. Assembly member Kyle Crow attended the Joint Building Code Review Committee and discussed the engineering requirements under the building code. The Board elected John Butler as the chair and Scott Arndt as the co-chair. Member Ed Mahoney was going to review the wood frame construction manual for residential, high winds, and seismic requirements that may ease the concerns of the Assembly and citizens. Assembly member Dan Rohrer attended of the Borough Lands Committee regular meeting. Staff had put together an atlas of available lands that the committee determined short, medium, and long-term properties. The committee had recommended shortening the period depending on the parcel to get out there to the public. Assembly member Larry LeDoux agreed the Borough Lands Committee meetings were effective and they were looking at public and private partnerships to develop land. They were also looking at strategies to get land to folks who want to build houses. Assembly member Dennis Symmons announced the Kodiak Workforce Regional Advisory Council was still working on some quorum issues but that these would be worked out shortly. PUBLIC HEARING 1. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. ROHRER moved to adopt Ordinance No. FY2016-12. Kodiak Island Borough February 4, 2016 Assembly Regular Meeting Minutes Page 2 of 6 *Regular Meeting Minutes of February 4, 2016. Page 5 of 367 AGENDA ITEM #5.A. The ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. The Joint Building Code Review Committee would meet on Wednesday, January 27 and items on their agenda were as follows: • Review the 2012 International Residential Code's Engineering Provisions for High Wind and High Seismic Locations • Review of KIB Ordinance No. FY2016-12 Mayor Friend opened the public hearing. Art Bors spoke to the necessity of engineering requirements. Scott Arndt and John Butler spoke to the Inadequacies of Ordinance No. FY2016-12, and the need for time for all parties to review the code. Mayor Friend closed the public hearing. ROHRER moved to postpone Ordinance No. FY2016-12 to the regular meeting of May 5, 2016. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Stephens, and Symmons. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Recently received the assessment on the burned timber in Chiniak • Service Area No. 1 chair, Engineering and Facilities Director, and Manager met with the designers of Otmeloi Road on preliminary design discussions • Incinerator was shut down for not meeting air quality standards and there may be potential fines imposed to the Borough • Facilities contract bids to be tallied and submitted to the assembly • Hospital negotiations to begin in early March 2016 • 2015 population of Kodiak was 13,819 MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS 1. RECONSIDERATION of Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. ROHRER moved to reconsider the vote taken on Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services to extend the contract for one year. On January 21 after the regular meeting, Assembly member Rohrer, seconded by Assembly member LeDoux, filed a motion to reconsider the vote taken on Contract No. FY2014-26. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 3 of 6 'Regular Meeting Minutes of February 4, 2016. Page 6 of 367 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FOUR TO ONE: LeDoux, Rohrer, Symmons, and Crow (Ayes); Stephens (No). The motion before the Assembly was to approve a one year extension to Contract No. FY2014- 26 Joint Contract with the City of Kodiak, with Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. On February 7, 2014, an agreement was made and entered into by both the City of Kodiak and the Kodiak Island Borough with McCarty and Associates for fisheries analyst and consulting and related services. The current term of the agreement with the fisheries analyst remained in full force and in effect for two years and would expire on February 6, 2016. There was a provision in the contract for two one-year extensions upon approval by the Borough, City, and Contractor. SYMMONS moved to amend Contract No. FY2014-26 by extending the contract for six months. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO ONE: Symmons, Crow, LeDoux, and Rohrer (Ayes); Stephens (No). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ROHRER moved to adopt Resolution No. FY2016-26. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities, there were improvements and infrastructure that included docks, airports, community utilities and facilities. Project needs had been identified and prioritized by each community and forwarded to the Kodiak Island Borough for inclusion in a 2016 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Stephens. Ordinances for Introduction None. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 4 of 6 'Regular Meeting Minutes of February 4, 2016. Page 7 of 367 AGENDA ITEM #5.A. Other Items 1. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board (Ms. Summer Blain). LEDOUX moved to confirm the Assembly Appointment of Ms. Summer Blain to the Monashka Bay Road Service Area Board for a seat to expire 2018. There were currently two vacancies on the Monashka Bay Road Service Area Board and the Clerk's Office received an application from Ms. Summer Blain on January 11, 2016 for a seat to expire 2018. On Wednesday, January 13, the Clerk's office forwarded the application to the board for their recommendation. On Tuesday, January 19, the Clerk's office received the Board's recommendation to bring Ms. Summer Blain forward to serve on the board. The Board did show concern regarding her residence address but her residence address is 2648 Devils Prong which resided in the service area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Stephens, and Symmons. 2. Confirmation of the Mayoral Appointment to the Kodiak Workforce Regional Advisory Council Business Management Information Technology Seat (Mr. Paul Vandyke). LEDOUX moved to appoint Mr. Paul VanDyke to the Business Management and Information Technology seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2016. On July 2, 2015 the Clerk' Office received an application from Mr. Paul VanDyke and on October 28, 2015 received an application from Mr. Frank Hack both for the Business Management and IT seat. The KWRAC met on Tuesday, January 12, 2016 and recommended Mr. Paul VanDyke to fill the Business Management and Information Technology seat for a term to expire December 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Stephens, Symmons, and Crow. CITIZENS' COMMENTS Kent Cross spoke about the urgency to review the timber report for Chiniak. He noted the timber could be a revenue source and could generate between 1.5 to 2 million dollars that could help fund items on the CIP list. Stephen Faust spoke to the necessity of engineering requirements. He also made comments to the fisheries contract and the need for input from the fleet, processors, and cannery workers. He commented that the trawl fleet voluntarily shut down for a week to attend the NPFMC; there were important issues going on before the Council and the Analyst could be helpful. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 5 of 6 *Regular Meeting Minutes of February 4, 2016. Page 8 of 367 AGENDA ITEM #5.A. Monique Lewis offered her assistance to help coordinate a town meeting with the residents of Chiniak. ASSEMBLY MEMBERS' COMMENTS Assembly member Stephens voiced concerns regarding the matters at the landfill. He understood the notice was received January 25 from ADEC that informed the Borough they were going to impose a penalty of 350K because of violations of air quality standards and other issues. He expressed discontent for the lack of promptness in informing the Assembly of this issue and voiced concerns of being transparent. Assembly member Rohrer expressed appreciation to the listening audience. Assembly member Symmons mentioned comments received from people in the villages attempting to call in to the Borough meetings with no success. He attended the budget address. He made comments to working on transparency and working together with the City of Kodiak. Assembly member LeDoux had the opportunity to attend the Rural Regional Leadership Forum last week when a number of issues were discussed that affected our village communities including how they fit in emergency response situations. They presented Manager Cassidy with a gift thanking him for his years of service and support. He expressed joy for working on the Borough Lands Committee and appreciated the work that staff had put in. Assembly member LeDoux made comments on the insurance issues all mobile homes in Alaska are facing that do not have access to roads and wondered if Alaska Municipal League could help in some way. He expressed appreciation to Fire Chief Rue for his work and updates to the Assembly. He announced he, Dennis, and Dan would be in Juneau to Lobby on behalf of Kodiak and expressed the importance of having a presence there. He attended a presentation by Pat Pitney from the Govemor's Office, Diane Kaplan from the Rasmuson Foundation, and others that said to be prepared for lots of taxes and less money. He expressed appreciation for being a part of a diverse Assembly with lots of viewpoints. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 8:34 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 6 of 6 *Regular Meeting Minutes of February 4, 2016. Page 9 of 367 AGENDA ITEM #7.D. 2 t a o o E E E m 3 0 .20 m Ip Ol rl I ' I Y' � i Y R ;�•1 ti 4 p tl 1ISOM Great Land Trust Presentation Page 11 of 367 AGENDA ITEM #7.D. Great Land Trust Presentation Page 12 of 367 i' ro� N h A /� , �' Great Land Trust Presentation Page 12 of 367 AGENDA ITEM #7O Great LandTrust Presentation 22 14 of 367 AGENDA 7£m #za Great Land Trust Preme Page eeee )cc a a - ` 0 < ] \� \� \� Great Land Trust Preme Page eeee AGENDA ITEM V.D. Great Land Trust Presentation Page 18 of 367 2 2 m % z o cE �' E 2 o m _ E O O O m � wi H O N O c. N .O N Y^ W ♦Q� /J �i O En O 3 _T N w b4 7 O N O b C c1 b O 0 Great Land Trust Presentation Page 18 of 367 AGENDA ITEM #7.D. Great Land Trust Presentation Page 19 of 367 m 2 m .8 i 2 o m E F m 3 E m 8 V' m t g m v c > m m U m o L �N W O to CdC U b .0 O rN vJ O N O cn a N 0 0 U U ctn O 3 a o ■ a cn cn • ° c 0 O yInG o d Ll� wy v W /O� VI 0 A Great Land Trust Presentation Page 19 of 367 AGENDA 7£m #7a Great Land Trust Presentation Page sya7e \ E / / | ! r ) c \ E \ a E§ ) D _\ca k a 0 w \ / \ 8 c (U G o m \§ \ / 2 $ A \ % / / 0 E / § 2 % 3 ) \ \ 2 ■ o #/ \ / ( � \ / // // . _ w u \ / e .( \ U \ « — : w0 § 04� \ �E\ 5 � Q / § U k U \ .( \ bz \ / ƒ \ 0 = # & c 2 g ) $ G S G Great Land Trust Presentation Page sya7e AGENDA 7£m #7a § - e ° / k ) f I § k CDe ® G/ \\ \ 0 E G \ ) \ ` U > U 2 \ 3 & m �c } e 3 m \ / / ] a / ./\ 2 k J \ 7§ �e 7 /�w.(\\ \ § \ �2 \Ln u t w t \ ( \ � § c u � R 0 U ° \ \ CZ § \ / / ® ( Q = E ) u «_ l _§ > c § cU o » \ \ \ \ 0 > 2 c m w 2 U Q a a @ E S S Great Land Trust Presentation Page ar3e AGENDA 7£m #7a Great Land Trust Preme Page 22 of @7 0r . 21 } / ` ) I. k ) § \ \ k § ) \ \ 2\ w r g / \ \ 8 r- 'G / \ c 0 to \ j C ( / g U > U m a 2 \ § \ / / / / % / 5 & 7 = \ ) / £ / f 0 \ > ( 2 t = 10 \ / / / } w / \ \ :\ \ En \ 0 { > > °E 5 7 3 § cn /\ w \ 4 W Cl / e = .2 S 2 ) \ \ © » 3 w { 5 0 \ k m \ / ® / Q)) 0 a.) § � \ 2 E § / \ / e u = o 4 — ' Q 4 a .e � \ /m cz 2 > : § { a u 3 / % ) 0 w \ \ § j > \ / g+ / 2 U U e 2 6 E S G E Great Land Trust Preme Page 22 of @7 AGENDA 7£m #7a Great LandTrust Preme Page 23 eeee ` }is 2 § f © � / } w \ \ \ § > / \ X 2 f \ k / % CD k 2 / Q 2 "21 .§ §) \ 0 8 / Q ■ c Q § •\ , .§ e /(\ } Q §\\ U t 2 # � o § @ Great LandTrust Preme Page 23 eeee AGENDA ITEM #7a Great LandTrust Pre4e Page 24 y37e \ j B { a .) ® R = m ` ° » _ [ m \ \ / e \k\ \ »4 _ \\\ - � § 2 W 3 U g e=e \ \k\ k / � .( j § ) u = o �U\ \ .e { �Q 2 . .rn u c e k § / \ ƒ g ��E c QD . 2 = m § •) 2 _2 2 % 04 \\\ \ \ 7 n \ \ .\ \ ƒ / ] Q § 0 S S S Great LandTrust Pre4e Page 24 y37e AGENDA 7£g #7a Great Land Trust Presenme Page 25 gale ) ) t ! ] § c , ® b 1 U \ 2 \ \ \ \\& ( U u ® o _\ U ` \04 /k\ u � j « a .- ® ) > \ § \\\ / ® >1 \`e :) a . u / a\ \ » » G 8 ° `®a 9 \ '] \ > a t § m k / § \ u § I u « S E E Great Land Trust Presenme Page 25 gale AGENDA 7£m #za Great Land Trust Presentation Page 26y 367 e } 2 E ) , § ) } § 3 ■ § ' / j ° 5 \ \ \ U g t 7 O § § & ( ) 3® 2 2 \ '[ \ k § u � _ j LZ / \ ` \ � 400 k ® .e ■ / 2 S § / / y \\/ \ / / 04 ■ \ ¥ ¥ ./ S ` 4Z c g / ) >04 \ § / �D / . c w§ 2 4/ w � / \ \ \ § E « t m o c e a \ \ \ \ 0 ) \/\ ?( \ƒ / S E S @ Great Land Trust Presentation Page 26y 367 AGENDA 7£g #za Great Land Trust Presentation GP 2@a7e t � J � § B 2 A \ 7 I f k § rig \ Q � q \ ( 2 m 3 2 C2\ S '2 f \ a § . \ E-4 & C § �\\ � \�/ \ 0 2 \ /cn ` e § /� 04 � O � Great Land Trust Presentation GP 2@a7e AGENDA ITEM #za ) k `) LM ) f « � \ \2 § ® > , 3 / \ 2 d Uos O / / 2 \ d @ 3 u 3 2 \ / .§ § S 0 \ 7 cet t3 0 \ \ / / \ \ » § § Q 2 ol U ( \ \ \ / 8 / U \cd \\ ƒ e•e a)ca /.\ a) / § § / \ k A \ \ \ / O O Great Land Trust Presentation R@ 2@a7e AGENDA 7£m V.D. Great Land Trust Premr Page 29 of @7 — | e ) 2 ! ± ) , / \ � e x • 5 3 § u § \3 \ t l = / 2 ,c 0 \\> �� k m = 2 \\ / �• ƒ\ \\ } "Cl E E '@ ® ) \ k \ 8 \ \ ƒ ( \ \ c 204 f cl B 'Cl ( 3 3 A p ƒ / z E K » M. & § 2 / 0 / ¥ ¥ U 2 3 Q O O O Great Land Trust Premr Page 29 of @7 AGENDA ITEM #zD. Great Land Trust Presentation Page @y 367 * \ ) B \ ( / \ 2 \ / 0 ®® — Q ± / \ ® [ \ \ \ $ § S Q & ( e \ / / Cd / \ C)] \ § ut= . § g 2 / . g a ». 0 0.7 } ± 0 m \§ = o ma o U/ m o§ Q c? \ s 2 _• \_ )// \ \ k U ).. / l u cm y� 0( § \ ()g3 /�#uo k§ § z ( § CZ A \ \ , / \ / a = A g z •` •Q •2 a � � � 3 ) , \ ( & & bb \ / 9 § 0 2 a Q S/ co U .m O O O O Great Land Trust Presentation Page @y 367 AGENDA ITEM #7.D. Great Land Trust Presentation Page 31 of 367 kt C/) CC) C)) M \—J\m (1) cy) @E cn n U) < AGENDA ITEM #7.D. GREAT LAND TRUST S O U T H C E N T R A L A L A S K A C oorrvine brrdt and uvt.0 ntentla/t. the qu.kYy ofl fa and ss...k hsohh ofSouthnntml AImY.. Long Island and Termination Point Project Update Starlit Lana Teat I P•8.9a M18791 Aeehere9e," 99910 1 198 71 878-4998 1 avwer liaeaRladtrueLm9 John Baker(Mark Dalton I Shelda Duff I Mark Krolo9 l Did Wale u,I MollyMc6mmon ICurti, McQueen ICary. ReaI C.,hne Smith I Gthie Straub I Jim Strewn I Ken Taylor Great Land Trust Presentation Page 33 of 367 AGENDA ITEM #7.D. GREAT LAND TRUST S O J T H C E N T R A L A L A S K A romeM,k,d,..d.t pnuntiol m the quohty oJlh and nonomk heRhhof5outhnnbulA b. Prepared April 4, 2016 for April 21, 2016 Kodiak Island Borough Assembly Regular Meeting Dear Mayor Friend and Members of the Kodiak Island Borough Assembly: As you know, Great Land Trust has been exploring conservation projects on the Leisnoi, Inc. -owned Long Island and Termination Point properties in Kodiak. Great Land Trust is an organization that serves Southcentral Alaska and the Exxon Valdez Oil Spill (EVOS) area, which includes Kodiak. Great Land Trust was founded by Alaskans twenty years ago, and during that time has completed 45 projects throughout its service area, conserving nearly 48,000 acres of important habitat, open space, and public access lands. We have worked with a number of jurisdictions to create new parks and access points, like the Municipality of Anchorage and State of Alaska, and we are currently working with the City of Cordova on another exciting public access project. Great Land Trust came before this body last fall to introduce potential projects on Long Island and Termination Point. Great Land Trust sought resolutions of support from the Kodiak Island Borough Assembly to explore and investigate potential conservation easements on these properties, to be held by the Kodiak Island Borough. On October 1, 2015, the Kodiak Island Borough Assembly approved a resolution of support for the Long Island property, and on October 15, 2015, it approved a resolution for Termination Point. These resolutions expressed "support for the initiation of negotiations between Great Land Trust and Leisnoi, Inc. to address a potential conservation easement for public access lands" on both properties. Since that time, we have been busy working on several aspects of both projects. We would like to give you an update on our progress, present a timeline for moving forward with each project, and give you an opportunity to ask questions and provide input. What We Have Done To Explore the Potential Proiects Funding: In November 2015, The Exxon Valdez Oil Spill Trustee Council (EVOSTC) voted to approve funding for the due diligence and purchase of conservation easements on Termination Point and Long Island. Because the appraisals for each property had not yet been completed, the Trustee Council authorized the purchases at fair market value, to be established by the completed appraisals. The funding was also contingent upon satisfactory review of all due diligence items including the title review and environmental site assessment. e t cans x t I XM. m1272 1 AnebmBg%AS seem 1(807) ZM-402B I .B,e 4peRBBnaw Lwv lohn B.W IWA mho, I Sheld, Dux i Mad hrolaB I Dick LoFc Vm I Molly McCammon I Cunis McQueen I Ca" Rea I Cadnne Smith I Cathie Sloub I fim Stmnan I Ken T.&, Great Land Trust Presentation Page 34 of 367 AGENDA ITEM #7.D. GREAT LAND TRUST SOUTHCENTRAL ALAS KA CmnerolnS lands and wters,ap essential to the 9ua0y oflf and uunomic hecM16 orSomh... tral Alaska. • Title Review: We ordered preliminary title reports for both properties, so that we can review and evaluate any encumbrances on the properties. These reports are now available for review by all parties. • Environmental Conditions: Termination Paint: We contracted and completed a Phase I Environmental Site Assessment on the Termination Point property to assess the potential of environmental hazards. Great Land Trust and Leisnoi, Inc. staff accompanied the contractor on the site visit. The report was completed and submitted to us on March 24, 2016 and is available now for review by all parties. The report concludes that, "this assessment has revealed no recognized environmental conditions with respect to the subject property." Long Island: Because Long Island is a former military site, we did not contract the typical Phase I report. Instead, we are working directly with the Alaska Department of Environmental Conservation (ADEC) and have reviewed the "Clean-up Decision Document— Long Island Kodiak, Alaska, Final August 2005" prepared for the U.S. Army Corps of Engineers Total Environmental Restoration Contract. We have met with the ADEC several times to discuss the current status of the property and the cleanup complete status. ADEC has reviewed the cleanup documents, met with the Corps regarding the cleanup effort, and obtained further files. Our ADEC contact will review those files and is scheduled to meet with representatives from Leisnoi, Inc. and Great Land Trust in mid-April. The ADEC representative has stated that he believes the property is suitable for the public and that past uses should not impact our ability to allow for public access and recreation. These materials are available for all parties to review and further meetings will be scheduled with all parties. • Appraisal: We contracted an appraisal on each of the properties. The appraisal for Termination Point is expected to be completed by April 14, 2016. The Long Island report is expected to be completed by the end of April 2016. • Purchase Agreement: The purchase agreement has been drafted by the EVOSTC staff and is currently under review by the State of Alaska and the US Department of the Interior. The purchase agreement can be signed when review and the appraisals are completed and the purchase price has been determined. as Conservation Easements: We shared a draft conservation easement for each property with the Kodiak Island Borough staff. This draft has also been reviewed by Leisnoi, Inc. and is sufficient for EVOS funding purposes. We received initial feedback from Kodiak Island Borough staff and are implementing those changes. These documents are available for all parties to review. • Community Groups: We are assessing opportunities for community groups to be involved in trail work and have reached out to Island Trails Network and Audubon. Both groups are very interested in seeing this property become public, and have offered to help make that a reality. went Land 7ru•t I P.D.9ax 201272 Aueatual . AX 199101(907) 979.19991 a .Faadeudtmstai 9 John Baler(Mark Dalton I Salida Duff I Mark Kroloff I Dick Lerebare I MWIy McCammon I Curtis McQueen ICa" Rea ICorinne Smith I Cathie Straub I Jlm Stratton I Ken T.,W Great Land Trust Presentation Page 35 of 367 AGENDA ITEM #7.D. GREAT LAND TRUST S O U T H C E N T R A L A L A S K A Cemming land, andwmanmp..$;.1 to de quality oflk and monomk heabh ofSouthcnlml Alm4a. Gnat land Tran I P.0. Hl 1010771 Aue6orapa, A8888101(907) 278.48881 uvarac0reatlaadtawtar0 John Baker IMatkOalten I Shield, DuR I Mak Krolo61 011k Le/ebvm I Molly M<Cammon I Curtin McQueen I Caryn Rea I Corinne Smith I Cathie Straub I Jim Stratton I Ken Taylor Great Land Trust Presentation Page 36 of 367 AGENDA ITEM #7.D. Great Land Trust Presentation Page 37 of 367 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2016 ASSEMBLY REGULAR MEETING TITLE: Reconsideration of Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. ORIGINATOR: Bill Roberts FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The process of hiring for the Kodiak Island Borough Manger started in November of 2015 The Assembly interviewed two candidates and decided to offer the position to Mr. Michael Powers. A negotiating team comprised of Assembly members Larry LeDoux and Frank Peterson Jr. was formed by the Assembly to discuss the terms of the contract with Mr. Powers. This was presented to the Assembly on April 7 and failed by 3 yes and 2 noes votes. A reconsideration was filed by Assembly members Peterson and Crow. At the April 21 regular meeting, Assembly member Peterson or Assembly member Crow should make the motion to reconsider. If the motion to reconsider passes with a majority vote, the original motion will be before the Assembly as if the original voted had not taken place. If the motion to reconsider fails, the original vote stands. Clerk's note: At the request of Mr. Powers, the start date has been changed to May 23, 2016. RECOMMENDED MOTION: Move to reconsider the vote taken on Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Kodiak Island Borough Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 38 of 367 AGENDA ITEM #12.A. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 39 of 367 EMPLOYMENT CONTRACT CONTRACT NO. FY2016-44 THIS AGREEMENT is made and entered Into this _th day of April, 2016, between the Kodiak Island Borough Assembly (hereinafter Borough) and Michael Powers, (hereinafter Manager). WHEREAS, Borough wishes to employ the services of Michael Powers, as Manager of the Kodiak Island Borough; and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough; and WHEREAS, Manager wishes to accept employment as Manager of said Borough; and NOW, THEREFORE, Borough and Manager agree to the following terms and conditions: Section 1: Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. Section 2: Contract Term and Notice Requirements. While this is an at -will employment contract, both parties anticipate that it shall be in effect for three (3) years, The Assembly may elect to extend the contract a year at end of each year with 90 days notice. Section 3: Salary and Benefits. A. Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, at the Initial rate of One Hundred Twenty Thousand and 001100 Dollars ($120,000) annually for the first year, One Hundred Twenty Five Thousand and 00/100 Dollars ($125,000) annually for the second year, One Hundred Thirty Thousand and 00/100 Dollars ($130,000) annually for the third year. Salary Increases require a satisfactory review. B. Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided In advance upon the start dale of this contract and each anniversary dale for Borough Manager Employment Contract Page 1 of 4 Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 39 of 367 AGENDA ITEM #12.A. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 40 of 367 the life of the contract. Manager must take at least eighty (60) hours of leave annually. There will be no cash out of annual leave within the first year of employment. Annual leave use of more than five (5) days shall be noticed to the assembly at least two (2) weeks in advance, except in an emergency. C. Sick leave, health Insurance, life Insurance, disability Insurance, workers' compensation Insurance, jury duty, holidays, and contributions to the Alaska Public Employees Retirement System will be provided to Manager In accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees except that the Borough shall pay 100% of the cost of health Insurance for Manager and his dependents. Borough will pay for annual physical if not covered by health Insurance. D. Except to the extent specifically referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Manager's personnel status as a Borough employee. E. Borough will provide an automobile for Manager's business use only, Including commuting tolfrom work. Borough will provide gas, oil, maintenance, and liability Insurance. Vehicle will be replaced as needed. Section 4: Separation of Employment and Severance Pay. A. The Borough Assembly may terminale Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause, Borough shall pay to Manager a severance pay an amount equal to four (4) months salary and benefits during first year and six months salary and benefits for the second and third year. Manager shall also be compensated for all accrued annual leave. 2. Termination for good cause: a. In the event Manager is terminated for good cause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least sixty (60) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough will not be obligated to pay severance pay to Manager. C. For the purpose of this section, the term "good cause" shall mean: 1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager bylaw or by the Borough Assembly, or Incompetence, which is defined as the Inability or the Borough Manager Employment Contract Page 2 of 4 Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 40 of 367 AGENDA ITEM #12.A. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 41 of 367 Intentional failure to perform the manager's duties In a satisfactory manner. However, termination for Incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or Illegality defined as a felony or a misdemeanor that lends to reflect dishonesty. Section 5: Moving Expenses. A. Manager shall receive compensation for expenses Incurred in moving to Kodiak not to exceed Ten Thousand Dollars and 001100. The Borough will pay for moving expenses for furnishings and personal effects and will reimburse the manager for other expenses such as fuel, lodging, transportation, and food upon presentation of receipts. Section 6: Conditions of Employment. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified In this document during the three year term of this contract with a ninety (90) day notice by either party to renew or not renew by mutual consent after that time. Section 7: Dues and Subscriptions. A. Borough hereby agrees pay for membership to International City/Country Management Association (ICMA), the Alaska Municipal Managers Association (AMMA) and the Alaska Municipal League (AML). Borough will pay for dues and all expenses for one (1) civic group upon mutual agreement of said civic group. Section 8: Professional Development A. Borough will budget and pay for attendance at the ICMA annual conference and the AML annual conference including travel and hotel costs. Reimbursement for normal expenses associated with attendance (meals). B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would Include: hotel rooms, auto rental, taxi fare, and telephone. This section applies to short courses, institutes, and seminars that are necessary for his professional development and for the good of Borough, as budgeted by the Borough Assembly along with all other Borough related travel. Section 9: Indemnification. A. Borough agrees to defend, save and hold harmless, and Indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: Borough Manager Employment Contract Page 3 of 4 Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 41 of 367 AGENDA ITEM #12.A. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 42 of 367 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime, which reflects dishonesty. B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement orjudgment rendered thereon. Section 10: General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and executors of Manager. C. This Agreement shall be in effect for three (3) years or until Manager resigns or is terminated under the provisions of Section 4, above. D. If any provision, or any portion thereof, contained In this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement or any portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 11: No Reduction of Benefits; Good Faith and Fair Dealing. A. Borough shall not at any time during the tens of employment with this agreement reduce the salary, compensation, or other financial benefits to Manager. . B. All contract provisions shall be subject to good faith and fair dealing. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day of ,2016. KODIAK ISLAND BOROUGH BOROUGH MANAGER Jerrol Friend, Borough Mayor Michael Powers Date: Date: ATTEST: Nova M. Javier, MMC Borough Clerk Borough Manager Employment Contract Page 4 of 4 Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 42 of 367 AGENDA ITEM #12.A. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 43 of 367 RECONSIDERATION AFFIDAVIT I, 47C:ir1IC Gr✓ T5, having voted on the prevailing side, file my Intent to reconsider the vote taken on Contract No. FY2016-44 Employment Contrag.Lpetween the Kodiak Island Borough Assembly and Mr. Michael Powers as orou at. Signature SUB R J RN to before me this 7" day of April, 2016. NOTARY PUBLIC P Not 'ry Public In and For Alas cell My Commission Expires: cell y � OF PSP '-2 LU Cc -o. I, • second the reconsideration affidavit filed by Assembly member Frank Peterson. igt &fur SUBSCRIBE N to before me this this 7'" day of April, 2016. �OVAJgjiF 9 NOTARY — Notary Pubic In and For Al' ra ^ ^ I PUBLIC My Commission Expires: ny/gh 1w I (/// - OF ALPS�P KIBC 2.30.070(P) A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. It an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on Initial consideration because 11 did not receive the required number of yes" votes, than thaw assembly members voting 'me shall constitute the prevailing side regardless of the relative number of yes" and 'rW votes cast on the question. An assembly member who changes his vote In accordance with these rules shall be a member of the side on which his vote Is finally recorded by the clerk. 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to cavy; or 3. Two assembly members file with the dark, not later than 5 p.m. an the first borough business day following the day on which the vote was taken, a notice of Intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of Intent to reconsider Is signed before the motion Is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which Is recessed and reconvened on a different day shall constitute one meefing. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Reconsideration of Contract No. FY2016-44 Employment Contrac... Page 43 of 367 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRI21, 2016 L ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. ORIGINATOR: Bill Roberts FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough entered into a lease agreement with the General Services Administration in March, 1997 for the use of the Kodiak Fisheries Research Center by National Oceanic and Atmospheric Administration (NOAH). Throughout the term of the lease, there have been points of disagreement between GSA and KIB regarding definition and interpretation of certain items within the lease such as space allocation, operating costs, R&R/major maintenance, building support staff, etc. GSA proposed a "superseding lease" meaning a new lease with new terms would go into effect before the expiration of the existing lease. As such, staff from GSA, NOAA and KIB have been meeting regularly and working cooperatively to negotiate a new lease that is agreeable and clear to all parties involved. The new lease is for 20 years with 15 years firm and a possible five year extension RECOMMENDED MOTION: The motion that is on the floor is to "Move to approve Resolution FY2016-33." Kodiak Island Borough Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 44 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 45 of 367 1 Introduced by: Interim Manager Roberts 2 Requested by: Interim Manager Roberts 3 Drafted by: Interim Manager Roberts/Special Projects 4 Support Christiansen 5 Introduced on: 04/07/2016 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY2016-33 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 APPROVING A LEASE AGREEMENT BETWEEN THE KODIAK 13 ISLAND BOROUGH AND THE GENERAL SERVICES 14 ADMINISTRATION FOR A PORTION OF THE KODIAK FISHERIES 15 RESEARCH CENTER 16 17 WHEREAS, the Kodiak Island Borough is the owner of certain real property known as 18 the Kodiak Fisheries Research Center; and 19 20 WHEREAS, the National Oceanic and Atmospheric Administration (NOAA) conducts 21 fisheries research that is valuable to the residents and economy of the Kodiak Island 22 Borough; and 23 24 WHEREAS, the General Services Administration has leased a portion of the Kodiak 25 Fisheries Research Center from the Borough for the use of NOAA continuously since 26 March, 1997; and 27 28 WHEREAS, the General Services Administration desires to continue to lease a portion of 29 the Kodiak Fisheries Research Center from the Borough for the use of NOAA, subject to 30 the terms and conditions contained in a new negotiated lease agreement that has been 31 approved by both parties subject to approval by the assembly; and 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH that: 35 36 Section 1: The lease of a portion of the Near Island Research Facility to the General 37 Services Administration to be used for the National Oceanic and 38 Atmospheric Administration is hereby approved on the terms and conditions 39 of the Lease for Real Property. 40 41 Section 2: The manager, or his designee, is authorized to execute the Lease for Real 42 Property and all other documents required for the completion of this 43 transaction. 44 Kodiak Island Borough, Alaska Resolution No. FY2016-33 Page 1 of 2 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 45 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 46 of 367 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF 2016 47 46 KODIAK ISLAND BOROUGH 49 50 51 52 ATTEST: Jerrol Friend, Borough Mayor 53 54 55 56 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2016-33 Page 2 of 2 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 46 of 367 AGENDA ITEM #92.B. PROPOSAL TO LEASE SPACE Request far Lease proposals(RLP)Number DATEC:(Char Good Until Award) y 5AK0353 SECTION I - DESCRIPTION OF PREMISES 1. BUILDING ta. Building Name Kodiak Rezeamh Fishenes Center 11i. Building Street Address 301 Research Court DESCRIPTION 6. OFFERED RATES 1c, City Kodiak 1d. State AK Is. 5DI9d be Code 996155398 2. BUILDING SIZE 2a. General Purpose 2b. Warehouse 2. Other 2d. Total Square Footage go. Total Building PNing Entre emeoel (Office) (LaNSpeolal Dae) (2••a•24 _ Structural 33,857 RSF RSF 33.657 RSP _ Surface 3. SPACE 3a General Purpose Mara) 36Warehouse Other aeMapeea U.) 3d. Total Square passage 3e. C6eren d Reaeetl OFFERED RSF ABOA (3a.3bN3c) Parking 25,332 RSF RSF 25,332 RSF — Structured! 453,581 17.901666 28.918708 b. Operating Costs b. Operating Costs _34— Bud. • c. Arranged Tmara Ida lb .COMMON AREA Ida ementi 15,5&1 ABOA ABOA 15,584 ASOA FACTOR(CAF) Amortized Capital eTIXalAmael 1.615174201 SECTION II - RATES 5. EXISTING LEASE Lease Number 6. OFFERED RATES (To be filledoof by RSF Govemmanp ABOA SF N=WM of Parking Spaces _ Rent Cernponerrt Annual Rete per Rate per Rate per Rete per Renl CompomM Annual RSF ABOA RSF ABOA a Shell a. Shell 185,867 7.3372414 11.050739 453,581 17.901666 28.918708 b. Operating Costs b. Operating Costs c. Amodized Tenant c. Arranged Tmara Ida lb Ida ementi a Brtle,Soscific J. But Ardfimtl Cal Amortized Capital eTIXalAmael e. Total AnnualPah'np Pai Cusl Coat 1. AnMema/Rool I Antenn'Roaf p. OMeo- Bond Payment 169,349 6.6B51BOl 10.797554 6081er Menagemmt Fee 60,000 2.3685457 3.8255547 h. Tavel Jr. Total 883,733 34.658033 56.346148 1•M.c.aonrpl 1••ew•daa•el 4 9 I. Note: i. Enter here Me principal amount and Interest rate to amortize Tenant linsomaenb, and Me principal amount and interest mma M emoNze Building Specific Amartiz,yd Capital more. Note: Indicate any rate changes beyond the firm tem: I. AMNbnel Financial Aepecb or Ne Leese 1. Additional Financial Aspeols of Me Lease AlAsteranl lar V•uM Pa.: $ par ABOA1 Adjull—nlbr Vu•nt Pnmhn: 11_2.00-1141 NVAC pvenlme she S_0_gr held per Drone O Poor 0 Mwor Building's Kornai Noun of HVAC gwnnon (Nome enel Mornay Friday AN. PM for r•tmb•rN en•'pereone'bna, pmvbe Me bMowly: Sarno., AM In I'M NumberolmnerinoXnetl Sprt•: _ Sunray AMm PM An•I rpuVlry NFeur HVACIIAN.aRIS-0per AaWSF"Only •pPlkF wl,rn Me Gmemmenl nquns,honae reimbursement lar 24Aour NVA4s eewibeduWer StiI flhs HVAC Ownimo RNs: S Nor M1oor U•u.Mik-ln.0dKotMetntln[M1eopenrMprenl,ndeunMduntla 5enbn6el Me leans. Mssinj s Norma Noun of NWC Mention Anks no.innU 24hour HVAC (LAN ku) 5 far ABOA SF GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 47 of 367 AGENDA ITEM #12.B. Almost— Faster, _6110 AM to_690—PM lased, _AM._PM 5-sh, _RMor, _PM I. Mcleod Financial Aspect of Me Lane(ContMued): Percent of Government occupancy: _75.3% Current Year nes 5_N/A_ Baud on lull. meoad wluet Dyes I]N. Irees—Heredapaapenefow M... bassi OYea QNe 1 If as provide tax 10 numben and square looutt for eaN. Attach be legal description of the nnerrdpm pert.. SECTION III —TERM 7. INITIAL LEASE TERM (Full Tend, 8. RENEWAL OPTIONS a. Nwroar ar Y.— Is Yavafmm c. Numbv or Days uwu ren co.wnnvm i. sn.nanar b. Yana Ern cNmren mopeons a. rvumbaroma.a Noea. :ZIP e9615-5398 ce Lermnne Laaa. nSG IYn COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP, WITH ATTACHMENTS. ro Ernnaa OIII 20 15 360 1 S. OFFEROR Check If same as Recorded Owner a. Name It, Address C. City SECTION IV — ADDITIONAL TERMS AND CONDITIONS 9. COMMISSIONS /fe licab/e ATTACH COMMISSION AGREEMENT e. Tenant Representative Coraddloan as P.I.OmRapreaerea0ve Comminion % % C. schedule of Cornmeal. Payments % al fan. award and %atom an 10. SPECIFIC OFFERED INCENTIVES (l. e„ hoe rent, flee space) 11. ADDITIONAL REMARKS OR CONDITIONS WITH RESPECT TO THIS OFFER SECTION V — OWNER IDENTIFICATION AND CERTIFICATION 12. RECORDED OWNER a. Nemo b. Address C. City d. Stale +4 Kodiak Island Borough 710 MITI Bay Road Kotllak AK :ZIP e9615-5398 13. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN, IN FULL COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP, WITH ATTACHMENTS. I have mad the RLP and hs attachments In hs antirgety and I sm requensting requestingno deviation. 14. Offerers Interest In Property ® Owner ❑ Agent ❑ Other 1 S. OFFEROR Check If same as Recorded Owner a. Name It, Address C. City d. State e. ZIP +4 f. 781e 9.E -Mail Address h. Telephone Number GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 48 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 49 of 367 I. Offemfs signature J. Date Signed GSA FORM 1364D INSTRUCTIONS NOTE: THE 1364D IS AVAILABLE AS A TABLE IN WORD (.DOC) FORMAT. OFFERORS ARE NOT LIMITED BY THE CELL SIZE AS THE DOCUMENT WILL EXPAND TO ACCOMMODATE ADDITIONAL INFORMATION AS NEEDED. IT IS EXPECTED THAT A COMPLETE OFFER MAY RESULT IN A 1364 THAT EXCEEDS THE 2 PAGE FORMAT PROVIDED. SECTION I — DESCRIPTION OF PREMISES 1. BUILDING DESCRIPTION Block to BWilding Name It applicable, the Offeror should provide the building name of the proposed facilitylbuilding, to house the Government'a space requirement. Block tb Bulltling Address The Offeror must provide the building street address of the proposed facility/building, to house the Government'a space requirement. If an unimproved site is being offered, pull a site plan as detailed in the RLP. Block Is Building City The Offeror must provide the name of the City the proposed facility/building is located Block td Building State The Offeror must provide the name of the State or S Territory the proposed facildy/building is local Block 1e Building 9 -Digit MP Code The Offeror must provide the 9 -Digit United States Postal Service Zip Code for the address of the proposed facility/building, The 9 -Digit Zip Code can be found on the United States Postal Service Web Site either on IMP llzio4 mos comhio4Awlcome.him or Mto./lwww. uses com/ 2. BUILDING SIZE Block 2. General Purpose (Offset If the buildingHacllity offered is, or wit be constructed as, a general-purpose office andlor retail facility, the Offemr must provide the total rentable square feet of space in the building being offered to house the Government'a space requirement. Rentable space Is the area for which a tenant is charged rent. The rentable square feet are determined by the building owner and agreed to by the Contracting Officer The rentable spam may include a share of building suppoNcommon areas such as elevator lobbies, building cordon, and floor service areas. Floor cervico areas typically include restmoms, janitor roams, telephone closets, elecircal closets, and mechanical rooms. The rentable spam does not Include Vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Block 2b Warehouse If the buimmipfacifty offered was, or will be, constructed as a warehouse, the Offerer must provide the total rentable square feet of spam In the building being offered to house the Government a space requirement Block 2d Other If the buildingtlecility offered was, or will be, constructed win Lab or Speual Use space, the Offeror must provide the total rentable square feat of spam in the building being offered to house me Government's space requirement. Block 2d Total Square Footage The purpose for this block is to quantify the total square footage in the offered building. This line should equal Ne sum of 2a. 2b and 2c. Black 2e Total Parking The Offeror shall provide the number of parking spaces for the entire building/faolity, which are under the control of the Offeror. If the offered building shares pacing in neighboring buildings, the Offeror Is requested to give the total number of surface enclor structured parking available along won the total number of parking spaces surface and/or structured allocated to the offered building. 3. SPACE OFFERED Block 3a General Purpose IOfflnel If the building/faplity offered is, or wil be mnsWcled as, a general-purpose office and/or retail faolity, the Offeror must provide the total rentable square feet and ANSI BOMA Once Area square feet of space being offered to house Me Government's space requirement. GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 49 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 50 of 367 Rentable spam Is the area for which a tenant is charged rent. The remade square feet aro determined by Me building owner and agreed to by Me Contracting Officer. The remade space may Include a share of building supporummmon areas such as elevator lobbies, Wilding corridors, and flaw areas. Floor service areas typically Include restrooms, janitor moms, captions closets, electrical closets, and mechanical moms. The rentable Zservica space does not Include vertical building penetrations and their enclosing walls, such as stain, elevator shafts, and vertical dude. The Government recognizes the American National Standards Institute/Building Owners and Managers Asecoatian (ANSI BOMA) International standard (265.1-1998) definition for Office Area, ANSIIBOMA Office Area square feet shall be computed by measuring the area enclosed by the finished surface of the mom side of comdon (corridors In place as well as Mesa required by local codes and ominancas to provide an acceptable Ieval of safety anNor to provide access to essential building elements) and other permanent walls, Na dominant portion (refer to 235.1) of building exterior walls, and the center of tenant-sepandmg partitions. Where alcoves, recessed entrances, or similar davlabons from the murder ere present, ANSIA30MA Office Area square feat shall be computed as If the deviation were not present. Block 3b General Purposs(Warshouse) If the build ngrfacllity offered was, or will be, constructed as a warehouse, the Offeror must provide the total remade square feet of spam being offered to house the Government's spam requirement. Stook 3a Other If the building fi cility offered was, or will be, mnatrocted with Lab or Special Use spam, the Opener must provide the total rentable square few of spam being offered to house the Government's spam regWremenl. Block ad Todt Square Fawags The purpose for this blot Is to quantity the total Square footage being offered to the government. This line should equal the sum of 3a, 31, and 3a Black 3e Offend Reserved Parking The Offeror shall provide Na number of structured and surface parking spaces Nat are being offered to the government. Block 6 C.A.F. The Offeror must provide the Common Area Factor (a conversion factorial determined by the building owner and applied by the Offeror to Ne ANSNBOMA ON. Area square fast to determine Ne rentable square few for the offered spam). The equation Is rentable square reel divided by ANSIIBOMA Office Area square feat If the spam offered Is on multiple floom and does not have a single common area factor bemuse of changes In floor design clue to building arGtlledure/bullc ing systems or clue to full floor and pallial floor occupancy under Me same lease proposal, the Government requests the common area factors Itemized by location and by floor, N the offer is the successful offer, Me Government, an a case-by-aax basis. may request to have we common area factor, which would be Me blendedlaveraged common area factor. This banded/averaged common area fader may be placed on contact documnK for Internal Gavemment purposes. It the product of rentable square feet divided by ANSIIBOMA Office Area square feel does not round evenly, the Government requests that the result be provided up to 9 decimal places, SECTION II — RATES 5. [DUSTING LEASE This section pertains b to existing GSA tensa and is to be compleed by the government, This Infomadon Is Intended to provide a basis for the offeror when considering Meir new offered rates. 6. OFFERED RATES Block as Shell State the rental consideration required to provide Me shell spam and other Improvements as defined in the RLP. Block 6b Operating The Offeror must provide any and all services, utility expanses, excluding ownership and managerial mats, on a first lease year rentable square fool basis. If an offeror purposes set changes In rent for operating costs rather Man using the operating cost adjustment paragraph In the RLP or Leese, Indicate changes In operating mats and Me number of years each rate Is In sped. Block 6c Amadleatlon of Tenant Improvements Stale the annual rent and par rates to amortize any tenant improvements Identified In the RLP. The Opemr Is reminded that tenant Improvements shall provide for all alterations for the government -demised area above the building shell build -out. Block Ed Building Specific Amorflzed Capital State the annual rent and pw reks to amortize the posts of Building Specifc Amo hoed Capital costs. They must be priced separately from any tenant Improvements. Bleck 6s Total Annual Prinking Cost The Offeror shall state whether Me offered rental rales) above Include parking poste If not, provide the annual cost per space for structured and surface parking spaces. GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 50 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 51 of 367 Block 6f Anchims/Roof The Offemr shall state whether the offered rental rales) above include antennalmof Wats. If not, provide the annual coat for use of the mof. Block Gg Other The Offeror shall include any additional costs not identified in boxes 6a -6f in this box. Block 6h Total This line should equal the sum of 6a -6g. Block 61 Enter the principal amounts and interest rates for amortization of Tenant Improvements and Building -Specific Amortzed Capital requirements. Nole:The Offemr must provide any additional information that impacts the offer here. Provide additional pages as necessary Block 61 Additional Financial Aspects of the Lease Various paragraphs of the RLP discuss the items listed below. So that the offer fully addresses these Issues, pmvide the following information'. Ne proposed rental adjustment for vacant premises', normal hours of operation for HVAC • the overtime HVAC rate', rate for areas requiring 24 hour HVAC (per RLP requirements such as IAN moms, etc), when Lease indicates that these costs wilt be paid separately by the occupant agency SECTION III —TERM Block Ta Number of Years for Initial Term The Offemr is requested to confine Nat the total initial term of the proposal Is consistent with the Solicitation for Offers and its attachments. Block Tb Years Firm The Offemr is requested to confirm that the firm term portion of the total initial tom of the Pmpasat is consistent win the Solicitation for Offers and its attachments. Block 21a may be the same as Block 21b. as defined by the Solicitation far Offen and its attachments. Block Tc Days Notice to Terminate If the Solicitation for Offers requires, or if the Offeror Provides lamination rights during the term of the proposed lease, the Offemr must provide the number of days notice required for the Government to terminate the proposed lease. Block ea Renewal Option Shall Rate If the Solicitation for Offers requires a renewal option, the renewal opt,ons will be evaluated in accordance with the Solicitation for Offers. Block 22. requests Na shalt rate per rentable square foot pmposed by the Offemr. The Offemr is reminded that the Government anticipates that the tenant buildout will be fully amortized at the end of the firth term. Any desired rent increases or derxeases should be resected In the shell rate and fully explained as part of this written proposal. If the Offemr submits an unsolicited renewal option, the Offeror understands that even If hisher offer Is the successful offer the Contracting Officer, may Moose not to incorporate the renewal option into the lease language. Please note procurement and appropriation regulations may prevent GSA from Incorporating a renewal option Into the lease agreement and may prevent GSA from ultimately exercising a renewal option written Into the lease agreement. Block 6b Renewal Option.-Yeare Each The Offemr Is requested to confirm that Ne renewal term of Ne proposal is consistent with the Solicitation for Offers and its attachments. If the Solicitation for Offers requested more than one renewal tens, the Offemr is requested to confirm that the renewal terms of Na proposal are consistent with Ne Government's requirement. Black So Number of Renewal Options The Offemr is requested to coMmn that the number of renewal option pends reflected In this proposal is consistent with me Solicitation for Offen and its attachments. Block ad Days Notice to Eaerolso Renewal Options If the Solicitation for Offers requires a renewal option, the number of days notice required to estimate the renewal option is requestetl. The Solicitation for Offen may specify a number of days notice as determined by the Contracting Officer Othemse, the number of days notice should be reasonable and In accordance with market conditions. GSA FORM 1364D (REV 09/14) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 51 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 52 of 367 SECTION IV — ADDITIONAL TERMS AND CONDITIONS Block Ba Tenant Representative Commission If GSA uses an authorized Realty Company as Ib official tenant representative, the Offemr must provide the total percentage of commission allocated in he proforma, far this proposal, to the tenant represenetivellonant broker The Information is necessary to measure Me national broker contract pregrem results. The General Services Adminatratlon(GSA) may designate an authodzetl Realty Company as Me Government's representative. While a GSA Contracting Officer must execute the lease agreement the authorized Realty Company will be entitled to Me tenant representativetle Cant broker commission, which is a common commercial real estate business practice. Sum commission shall be Payable to Me authorized Realty Company In the form of a check due In accordance with local laws and customs but no later than the lease tammencena ldate. Under the terms of Me contract between GSA and Me enhanced Realty Company, the authorized Really Company will forego a conein percentage previously agreed to by the authorized Realty Company. The Offerer will apply Me percentage foregone by the authorized Real Iy Company as a credit to Me Shell Rent of Me lease (herein, commission credlll. Said credit will ultimately be reflected In a reduNon to the shall rent on the Standard Font 2, entitled "LLS Government Lease for Real Property.' The Solicitation for Offen will slate the percentage forgone by the authorized Realty Company. For purposes of Me price evaluation, any commission credits shail be treated as a lump sum credit and will be evaluated In accordance with the procedures established In the 'Pro, Evaluation' paragraph In the SUMMARY section of the Solicitation for Offers. The commissions paid to the GSA authorized Realty Company, as dined payment, W11 not be applied to the present value analysis. A preforma Is defined as the ownership! pmlecied financial analyse on their Income and.xpensm in determining Meir proposal to the Gommment, Block So Owners Repmentstive Committal.. If GSA uses an authorized Realty Company as Its official tenant representative, the Offerer must provide We total percentage of commission allocated In the proforma, for this proposal. to the owners representedvelowners broker. This block Is to gather Information and measure the national broker contnd program resuit.. Block So Schedule of Commission Payments If GSA uses an authodzetl Realty Company as Its oflldal tenant represented", the Offerer must provide the schedule of commission payments as allocated In the prefmma, for the proposal. Under the lens of the contract between GSA and the authorized Realty Company. Me authorized Realty Company will forego a certain percentage referenced above as Me commission bill as pan of the Realty Companies =bad with GSA. The remaining commission shall be payable to the authorized Realty Company in Me form of a chat due In accordance with local laws and customs but no later than the lease commencement date. This block Is to gather Information on the liming of commission payment. to measure the national baker conimd program resole. Stock 1g Specific Offend Incentives The Offeror is requested to describe any Incentives Included In their offer such as free rent or free space. Block 11 Addigonal Remarks or Conditions with respect to the ofhr The Offeror must provide any additional information that impacts the offer. provide additional pages as necessary. SECTION V—OWNER IDENTIFICATION AND CERTIFICATION Black 12 Recorded Owner The Offerer must provide the name and full address of the recorded! m mar of Me preperty, preposetl In reasons. to the Government's requirement. Block 19 Agreement to Lease to the United Slate, By submitting this offer. the Offemr agrees upon acceptance of this proposal by the herein specified date, to loam to the United States of America, the premises described upon the terms and conditions as specified herein, In full compliance with and acceptance of the afarementioned Solicitation for Offen, with attachments. Block 14 Offerors Intens) In Me Property The Offerer must Identity Meir Interest In the property, whether they have an ownership Interest, they an an agent, Or some other relabonship to Me property being proposed in response to the Government's requirement. If the Offerer Is an agent, provide a copy of the agency agreement Indicating control of the property. Block 15 Of error Information The proposal must Include Me Offerors name, file, address, email address, phone, signature and date of signature. The Contracting Officer may request an authority to represent leder from the ownership Mortifying the Offerer as hislher official repreecntafive. Refer 0 the Fames to Emcute Lease clause In the Solicitation provisions (GSA Form 3518) for additional information that will be required prior to any lease execution. GSA FORM 1364D (REV 09114) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 52 of 367 AGENDA ITEM #12.6. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 53 of 367 LEASE NO. GS-10P-LAK07482 GSA FORM SuccandingfSuUO2(May12016)ase INSTRUCTIONS TO OFFERORS: Do not attempt to complete this lease form (GSA Lease Form L202). Upon selection for award, GSA will transcribe the successful OffercYs final offered rent and other price data Included on the lease proposal form (GSA Lease Proposal Form 1364-S, hinilnaTer Lease Proposal Form) Into a Lease Form, and transmit the completed Lease Form, together with appropriate attachments, to the successful Offeror for execution. This Lease is made and entered into between Kodiak Island Borough (Lessor), whose principal place of business and contact Information is Office of the Borough Manager. 710 Mill Bay Road. Kodiak, AK 99615-8399, Phone (907) AM -9301 and whose Interest in Ne Property desrnbed herein is mat of Fee Owner, and The United States of America (Government), whose principal place of business and contact information is Leasing Division, Attn: Leasing Branch Chief. 400 1Y' St SW. Aubum, WA 98001 and acting by and through the designated representative of the General Services Administration (GSA), upon Ne terms and conditions set forth herein. Witnesseth: The parties herald, for the consideration hereinafter mentioned, covenant and agree as follows. Lessor hereby leases to the Government the Premises described heroin, being all or a portion of the Property located at 301 Research Court, Kodiak, AK 996166398 and more fully described in Section 1 and Exhibit A, together with rights to the use of perking and other areas as set forth herein, to be used for such purposes as determined by GSA. LEASE TERM To Have and To Hold the said Premises with its appurtenances for the term beginning April 1, 2016 and continuing fora period of 2e Yean, 16 Team Firm, subject to termination and renewal rights as may be hereinafter set form. The commencement date of this Lease, along with any applicable termination and renewal rights, shall be more specifically set farm In a Leese Amendment upon substantial completion and acceptance of the Space by the Government. In Witness Whereof, the parties to this Lease evidence their agreement to all toms and conditions set form herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to the Lessor. FOR THE LESSOR: FOR THE GOVERNMENT: Name'. [Name] Lease Contracting Officer Title'. General Servims Administration, Public Buldings Service Dale'. Date. WITNESSED FOR THE LESSOR BY: Name Title LEASE NO. GS-10P-LAK07482, LESSOR: _ GOVERNMENT: GSA FORM UO2 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 53 of 367 AGENDA ITEM #12.8. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 54 of 367 Date: The Informaflon coliedion requirements contained In this Solidtation/Contract, that are not required by the regulation. have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction AC and assigned the OMB Control No. 3090-0163. LEASE NO. GS-10P.LA1107482 LESSOR: _ GOVERNMENT: GSA FORM L303 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 54 of 367 AGENDA ITEM #12.B. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 55 of 367 SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 1 1.01 THE PREMISES (SUCCEEDING) (SEP 2013)....._................................................................ ...................................................... 1 102 EXPRESS APPURTENANT RIGHTS (SEP 2013)__.....................................................................................................................1 1.03 RENT AND OTHER CONSIDERATIONS (APR 2015) ......................................................................... ............................................. 1 104 TERMINATION RIGHTS (AUG 2011).....__...._.._......................................................................................................2 1.05 DOCUMENTS INCORPORATED IN THE LEASE (APR 2015)..._............................................................ ................ ,.... ... ................2 1.05 PERCENTAGE OF OCCUPANCY (JUN 2012). .................................... ............. .......................... ............ ..... .......... 2 1.07 OPERATING COST BASE(SEP2013).. _._.._.........1....111....1............_............................................................2 1.08 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013).__................................................................................. 2 1.09 24-HOUR HVAC REQUIREMENT (SEP 2014)...__ ... _ __...............................................................................3 SECTION2 GENERAL TERMS,CONDITIONS, AND STANDARDS........................................................................................................... 4 2.01 DEFINITIONS AND GENERAL TERMS (SEP 2013)_. _.. 4 2.02 AUTHORIZED REPRESENTATIVES(JUN 2012) _ _...._. _.._. __..... 4 2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (SEP 2013) _._.. ........., .___. .....__. 5 2.04 WAIVER OF RESTORATION (APR 2011)........... ..... .... .... .................. ........ .......... .................................................................... _._.. 5 2.05 CHANGE OF OWNERSHIP (APR 2015)._ . ....... . . ..... ........................................................................................................... , 5 2.06 ADJUSTMENT FOR VACANT PREMISES (SEP 20131 ............... ..__.._..,....................................... .............. ....... ..... ..... ,........ 5 2.07 OPERATING COSTS ADJUSTMENT (JUN 2012) ............................. __... .............. ............................................. ..... ...___..... 6 SECTIONS CONSTRUCTION STANDARDS AND SHELL COMPONENTS................................................................................................e 301 WORK PERFORMANCE (JUN 2012).. .. ._...__. 0 3.02 RECYCLED CONTENT PRODUCTS (COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) ._............ B 3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS (SEP 2013) _.._..-1.1.1.....1....._._.8 3.04 EXISTING FIT -OUT, SALVAGED, OR REUSED BUILDING MATERIAL (JUN 2012) _......................_.... B 3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012).. ......... ..... .._.......... 6 3.08 BUILDING SHELL REQUIREMENTS(SEP 2013) -- - ----...........__......... _. 9 3.07 RESPONSIBILITY OFTHE LESSOR AND LESSOR'S AROHRECT/ENGINEER(SUCCEEDING)(APR 2011)........_........_......_. 9 3.08 QUALITY AND APPEARANCE OF 13UILDING (SUCCEEDING) (SEPT 2011) _.__... .__. .....,...._._... 9 3.09 VESTIBULES (SUCCEEDING) (APR 2011) ... ..... ..... ..... ..._.__ 9 3.10 MEANS OF EGRESS (MAY 2015).,........ ....... ............ .... 9 3.11 AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2013) __.... _. _.. ......... 10 3.12 FIRE ..... _.. ....... ...... .....__......._.. 10 GYINDEPENDENCEPND SE 3.13 ENERGY INDEPENDENCE ANO SECURITY ACT (DEC 2011) -................................................................................................. 10 3.14 ELEVATORS (SEP 2013)--- -_.._ _.,...... ._..,... _.,._.. 11 3.15 DEMOLITION (JUN20120.. .. .. 11 3.19 ACCESSIBILITY 20071- - 11 (APR2(FES 3.17 CEILINGS( APR 2015)............ 11 3.18 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP Zan) 12 3.18 DOORS: IDENTIFICATION (APR 2011) 12 3.20 WINDOWS(SUCCEEDING)(SEPT 12 3.21 PARTITIONS: 12 ERMANE 3.22 PARTITIONS: T(APR 01 PERMANENT2015) 12 THERMAL, ACOUSTIC. 3.23 INSULATION: THERMAL, ACOUSTIC. AND HVAC (SEP 2013) 12 3.24 WALL (SUCCEEDING) (JUN 2012) 12 3.25 INTINGFINISHES- LL(JUN 2012) -13 FLOOR AND FLOOR 3.28 FLOORS OOR LOAD (APR 5) 13 3.27 FLOOR ELL 2012) 13 AND PERIMETERSPLUMBING GENERAL 3.28 MECHANICAL, NERAL(OPR 2011) 13 MECHANICAL, ELECTRICAL PLUMBING. GENERAL (APR 2011) 1] 3.20 ELECTRICAL (JUN 20RICAL. - 13 INS (A 3.30 F 2011) 13 3.31 RESTRNGFOUNTAINS(APR O (SEP ]) 13 FI 3.32 PLUMBING FIXTURES. WATER CONSERVATION (DEC 2011) 14 PLUMBING TURES 3.33 JANITOR CLOSETS (JUN2012). ............. .. 14 3.34 IONA EMIR CONDITIONING 14 ANDAIRBUTIONADEQUIP ELL (SEP 3.35 TELECOMMUNICATIONS: NT(SUC0131 TEATING LECOMMUNICATIONS: (SUCCEEDING) (SEPT 2011) 15 LBUCHANGD ACCESS (JUN2Q 3.38 TELECOMMUNICATIONS: LOCAL ESUCCEEDING 3,37 LIGHTING: PARKIN - SHELL(SE)15 EQURAND -SHELL (SUCCEEDING) (SEP 2013) _._. 15 3.38 ACOUSTICAL EMENTS(JNG L .......13) __15 ' 3.39 INDOOR QUALITY DURING CON CONSTRUCTION NG CONSTRUCTION (SEP 2013) __. 18 SYSTEMS COMMISSIONING .E _.... .... 18 3.40 DUE ENVIRONMENTAL 341 DUE DILIGENCE ANO NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS -LEASE (SEP 2014) ........ 17 DILL ENCEAAND SECTION4 DESIGN,CONSTRUCTION, AND POST AWARD ACTIVITIES............................ ..................... ....._........ ..... ........ ............ ... 15 401 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SUCCEEDING) (MAY 2015) .................................................... 18 402 AS -BUILT DRAWINGS (JUN 2012) ........... .... .._................... ........... .......... ............ .......... ............... ................................................... 18 LEASE NO. GS40P.LAK07482 LESSOR:_ GOVERNMENT:_ GSA FORM L202106115) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 55 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 56 of 367 SECTIONS TENANT IMPROVEMENT COMPONENTS............... ................... ...................................... ............ .... ..................................... 16 5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013).. _. 19 5.02 DOORS: INTERIOR (SUCCEEDING) (SEP 2013).......... _. 19 5.03 DOORS: HARDWARE (SUCCEEDING) (SEP 2013)_... 19 5.04 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEP 2013) 19 5.05 WALL FINISHES (JUN 2012).- ....... ...... ........ . . 19 5.06 PAINTING -TI (SEP 2013) ..... ..... ................ ...- 19 5.07 FLOOR COVERINGS AND PERIMETERS (APR 2015) 20 5.08 HEATING AND AIR GOND ITIONING(SUCCEEDING)(JUN 2012) 5.09 ELECTRICAL: DISTRIBUTION (SUCCEEDING) (JUN 2012)....... 5.10 LIGHTING: INTERIOR AND PARKING- TI (SUCCEEDING) (SEP 2013) ___..... _.....21 SECTIONS UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM ................................................. 8,01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (JUN 2012) .... _._.,.......... _........_.32 8.02 UTILITIES (APR 2011) _.. .,........._ _ __.,. 22 8.03 UTILITY CONSUMPTION REPORTING (JUN 2012) __._.............. ........ ....................... ._.__.. ... Z? 8.04 HEATING AND AIR CONDITIONING (SEP 2014) ................................................... . __.. 22 6.05 JANITORIAL SERVICES (JUN 2012). ......... ... ........ _.... 22 6.06 SELECTION OF CLEANING PRODUCTS (APR 20151 ..._. ......... .......... ._.. ............. 23 6.07 SELECTION OF PAPER PRODUCTS (APR 2015)_.__._....................................................... 23 6.0 SNOW REMOVAL (APR 2011) .........._..,.. _.............. .._.............. ................23 6.09 MAINTENANCE AND TESTING OF SYSTEMS (SEP 2013) __..._. __. _. .__..... .__....... 23 6.10 MAINTENANCE OF PROVIDED FINISHES (SEP 2013)...... _ .24 8.11 ASBESTOS ABATEMENT (APR 2011) ............... _....24 8.12 ONSITE LESSOR MANAGEMENT (APR 2011), . 24 8.13 IDENTITY VERIFICATION OF PERSONNEL (SEP 2013) 24 6.14 SCHEDULE OF PERIODIC SERVICES (JUN 2012) . 25 6.15 LANDSCAPING (SUCCEEDING) (JUN 2012)....._... 25 6.16 LANDSCAPE MAINTENANCE(APR 2011)........... ____.... 25 RECYCLING (JUN POR _............... ............ 25 6.17 8.18 OM ............... 25 ' ROSSEMINATIO (OF SAFEGUARDINGAN SENSITIVE SENSITIVE BUT UNCLASSIFIED 156U)BUILDING INFORMATION (SEP .... 25 6.19 SAFEGUARDINGANDDISSE013) ,ON- 6.20 DO ....I ............ _. .. ............ 27 ............... RADON AIR IN AIR (SUCCEEDING) (SEP. (SEP 2013) ........... ..... ........ .._. 27 66.22 HAZARDOUS MATERIALS HAZARDOUS MATERIALS ISEP 2013) ...._.......... .. ............ .................. ............. ............ 28 6.23 8.23 MOLD (SEP ................. _..__........., .........__._.. ............... ...................... 28 OCCUPANT EMERGENCY 8.24 OCCUPANT EMERGENCY PLANS (SEP 2013)........._ ................. ....... .................... ,...... ...... .............. ............................................. 2B SECTION7 ADDITIONAL TERMS AND CONDITIONS ............................. __._..._......................_................._........_.._.__....„...._._„., 30 7.01 SECURITY STANDARDS (JUN 2012Y.. 30 8.01 SPECIAL REQUIREMENTS. ........................................................... ....... W LEASE NO. GS-10P-LAK07482 LESSOR: _ GOVERNMENT: GSA FORM UO2 (05116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 56 of 367 AGENDA ITEM #12.B. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 57 of 367 SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 1.01 THE PREMISES ISUCCEEDING)(SEP 2013) Unless othem4se noted the Government accepts the Premises and tenant Improvements In their exisdng contltlion, except where spedflotions or Standards am contained alsewhere In this Lease These standards Indude Sol Improvements, Fire Pfotedlon and Uta SRI requirements, ABAAS compliance, v well as compliance with all local codes and oNlnances. Such acceptance by the Government of existing Premises shall hot relleve Lessor of continuing obligations for cleaning, janitorial, maintenance, repair, etc. as set forth In the Lease paragraphs and attached General Clauses, The Premises are deschbed as follows: A. ORim antl Rsiatetl Soars: 25,132 rentable square Poet (RSF), yielding 16,684 ANSIIBOMA Of6m Area (ABOA) exports feel (SF) of office and related SpecsSpem l 1 Snd 2m Boons) of the Building, as depicted on the Bou plaril a0ached hereto as Exhibit A B. Common Area Factor The Common Area Factor (CAP) Is established as 1.616174201 percent. This factor, which represents the convmslon from ABOA to rentable square feet, founded to the nearest whole percentage, shall be used for Purposes of rental adjustments In accordance with the Payment Clause of the General Clauses. 1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) The Government shall have the non<.clusive right to the use of Appurtenant Areas, and shall have Me right to post Rules and Regulations Governing Conduct on Federal Property, Mde 41 LFR, Part 102.74, Subpart C within such areae. The Government will comdomm wtih Lessor to Mature signage Is consistent with Lassoes standards Appurtenant to the Premises and Included In Me Lease are rights to use the folloang: A. Parking: U parking spaces (31 we and 3 coal, reserved for Me exclusive use of Me Government, of which 0 shall be strudured/inSide parking spaces, and 34 shell be surface/outeide parking spaces. In addition, the Lessor shall provide Such additional parking spaces as required by the applicable code of the Iwal government entity having Jurisdiction over Me Property. Outside of normal business hours or by agreement bermsen the Government end Lessor, vacant parking spaces em available for use by Lessor. B. Antennas. Satellite Dishes. and Related Transmission Devices: (1) Spam looted on the roof of the Building sufficund In size for the Installation and placement of telecommunications equipment, (2) the night to access the roof of Me Building, and (3) use of all Building areas (ED, chases, plenums, eta.) necessary for the use, operation, and maintenance W such telecommunications equipment at all times during the term of this Lease. If the Government chooses to make any roof Installation, the Government will pay all costs Including but not limited fe a mofing engineer. 1.03 RENT AND OTH ER CONSIDERATIONS (APR 2016) A. The Government Shall pay the Lessor annual rent, payable In monthly Installments In armors, at the following miss: YEAR. 1-1$ YEARS 14.20 ANNUAL RENT AmuuK NT Si RENT $1115.867.00 $185.867.00 BOND PAYMENT' $169,349,00 $0.00 MANAGEMENTFEE' $60000.00 $60000.00 OPERATING COSTS' $453.551.00 $453581.00 TOTAL ANNUAL RENT $666777.00 $6$8428.00 Bond payment - See Exhibit F see Dennnlons Semon 2.01 30mrenno rent calculation Is made up of the Opemfing costs (114343,547.00) Including Imiamm (nsh.W. Rose, t,) web 1123.014 011), In instances wham the Lessor amadlzes either the TI or SSAC for a period exceeding Me Firm Term of the Lease, should the Government terminate the Lease after the Firm Term or does not otherwise renew or extend the term beyond Me Finn Tam, Me Government shall not be liable for any costa. Including Memorized costs beyond the Firm Tenn. B. Rent Is subject to a histreent based upon a mutual on-site measurement of the Spam upon acceptance, not to exceed 16,664 ABOA SF based upon the methodology outlined under the'Psyment' clause of GSA Form 3517. C. If the Government occupies the Promises for less than a 1dI calendar month, then rent shall be pfommal based on the actual number of days of occupancy for that month. O Rent shall be paid to Lessor by eloormic funds transfer In accordance with Me pfovislons of the General Clauses. Rent shall be Payable fe the Payee designated by the Lessor in Ma System for Awed Management (SAM). If Me payee is different tram Me Lessor, both payee and Lessor must be registered In SAM, LEASE NO, OS-IOP.I.AlUl 82, PAGE 1 LESSOR: GOVERNMENT. GSA FORM L202 (05115) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 57 of 367 AGENDA ITEM #12.B. E. Lessor shall provide to the Government, in exchange for Me payment of rental and other speclfied Consideration, the following 1. The leasehold Interest In the Property described In the paragraph entitled 'The Premises,' 2. All Costs, expenses and fees to perform the work required for acceptance of Me Premises In accordance with this Lease, including all Costs for labor, materials, and equipment, pmfaaalonal fees, contractor fees, attorney fees, permit fees, Inspection fees, and sknilar such fees, aM all related expenses. 3. Performance or satisfaction M all other obligations set forth In this Lease', and all services, utilities, and maintenance required for the proper operation of the Property. the Building, and Me Promises In accordance with the tens of the Lease, Including, but not limited to, all Inspectors, modifications, repair, replacemen s, and Improvements required to be made thereto to meet the requirements of this Lease. F. Parking shall be pmvided at no Cost. 1.04 TERMINATION RIGHTS (AUG 2011) The Government may terminate this Lease, In whole or In part, at any time effem" atter the Film Term of this Lease, by providing not leas than 360 days' prior WTMen notice to the Lessor. The affective data of Me termination shall be the day following the expiration of the required notice Period or the lamination date set forth In the nobca, whicnever Is later. No rental shall accrue after the effective date of termination. For termination M take effect, the terminated space must he cleared of Government equipment and supplies. 1.06 DOCUMENTS INCORPORATED IN THE LEASE(APR 20161 The fallowing documents are ahealea M and made part of the Lease'. DOCUMENT NAME No. or PAGES E%Har FLOOR R.Arxal AND SQUARE FOOTAGE CALCE 5 A GSA FORM 35175 GENERAL CLAUSES 45 E OSA FORM 3515 REPRESENTATIONS B CERTIFICATIONS 12 O GSA FORM 3515 -SAM, ADDENDUM TO SYSTEM FOR AWARD MANAGEMENT (SAM) REPRESENTATIONS AND CERTIFICATIONS (ACQUISITIONS OF -ExuH LD INTERESTS IN REAL PROPERTY 2 D REPLACEMENT AND RENEWAL RESERVE 1 E BONG AMORTGATION SCHEDULE FOR PRINCIPAL PAYMENTS MADE FROM 10/15-3/188 BONG AMORTRATION SCHEDULE FOR REMAINING HOND AMOUNT STARTING APRIL 1 2016 5 F GSA FORM1217 1 G 1.00 PERCENTAGE OF OCCUPANCY (JUN 2012) As of the Leese Award Date, the Government's Percentage of Occupancy is 75.3 percent. The Percentage of Occupancy Is all by dividing the total Government Space of 25,332 RSF by the total Building space Of 33,607 RSF. 1.07 OPERATING COST BASE (SEP 2013) The parties agree, for Me purpoee of applying the paragraph titled "Operating Costs Ad)uslmerI that the Lassoes base rate for Operating Costs shall be the Operating Costa S430,547.Mmnum Including Insurance (hazard, liability, etc) mob 623,014.00. The total will be 6462,661.11E1annum, The Lessor will submit GSA Form 1217 by December 31' each year as derived from the Lessor's Fiscal Year ending June 30'" of each year. 1.08 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2016) In amudarlm with the paragraph entltied'Ad)usMem lar Valent Premises' It the Government fails to occupy or vacates the entire or any portion of the Premises prior to expiration of the term of the Lease, the Operating Costa paid by the Government as part of the rent shall be reduced by 6L00 per ABOA SF of Space vacated by the Government. The reduced rata will be affective 30 days after notification to Lessor LEASE NO. GS-IOP-LAH07482, PAGE 2 LESSOR: _ GOVERNMENT: GSA FORM L202 (05119) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 58 of 367 AGENDA ITEM #12.8. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 59 of 367 1.09 24-HOUR HVAC REQUIREMENT (BEP 2014) A. 97 ABOA SF of the Space shall receive cooling at all times (24 hrs. a day, 365 days a year) for purposes of cooling the designated server mom (Roam 133). The temperature of this mom shall 0e maintained at no greater than 75 degrees F (preferred is 68 degrees F). B. The 24 hour cooling service slwll be Provided Ey the Lessor as Pon of the Operating Cost Base. LEASE NO. G5.10P-LAK07482, PAGE 9 LESSOR: GOVERNMENT: GSA FORM L202 (05116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 59 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 60 of 367 SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS 2.01 DEFINITIONS AND GENERAL TERMS (SEP 2013) Unless wrervnse specifically noted, all terms and conditions set forth In this Lease shall be Interpreted by reference to the f0llowing definitions, standards, and formulas: A. Aoourtenant Areas Appurtenant Areas are Wined as those areas and facilities on the Property that are not located within the Premises, but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with reepect to the Government's enjoyment of the Premises and express appurtenant rights. This induces pump houses and hezmet locker. B. Broker. It GSA invented this Lease using a mn0ad roar estate broker, Broker shall refer to GSA s broker. C. )B ldma The bullding(s) situated on the Property In which the Prernlees are located shall be referred to as the Building(s). D. Commission Cracit. If GSA awarded Nle Lease using a Broker, and the Broker agreed to forego a percentage of Its commission to which It Is entitled In connedian vi th the award of this Lease, the amount of this credit Is referred to as the Commission Credit. E. Common Area Factor (CAFI. The Common Area Factor (CAF) Is a conversion factor determined by the Building owner and applied by the owner to the ABOA SF to determine the RSF for the leased Spam. The CAF le expressed as a percentage of the difference between the amount of rentable SF and ABOA SF, divided by the ABOA BE For example 11,500 RSF and 10,000 ABOA SF wgl haves CAF Of 15%(111,500 RSF. 10,000 ABOA SFu10,000 ABOA SFj. For the purposes of this Lea", the CAF shall be determined in accordance with the applicable ANSI/ SOMA standard for the type of spam to which the CAF shall apply. F Contract Contract and contractor means Lease and Lessor, respectively. G. Days, All references to or'days' In this Lease shall mean calendar buys, unless speared otherwise. H. FARIGSAR. All references to the FAR shall be understood to mean the Fecersl Acquisition Regulation, mtli0ed at 48 CFR Chapter 1. All references to the GSAR shall be understood to mean the GSA supplement to the FAR, codified at 48 CFR Chapters. I. Finn TermlNon-Firm Tann. The Firm Term Is that pert OI the Leese term that Is not subject b lamination rights, The Non -Fin Term Is that part of the Lease tarn following the and of the Firm Tear. J. Lease Tann Commencement Date. The Lease Term Commencement Date means the date on which Ne lease ten commences. K. Lease Award Date. The Lease Award Date means the date of exeodlon of the Leese by the LCO and the mailing or uthervise furnishing "that notification Of the executed Leese t0 the successful Offeror(antl on which the Fames obligations under the Lease begin). L. Manaoement Fee. The fee charged by lessor for Incised expenses and overhead; Including nomdiract or allocated salades(for example IT, Finance, Resource Management, Borough Manager and Facilities Coordinator), M. Premises. The Premises are defined as the total Office Area m other type of Spam, together with all associated common areas, described In Section 1 of this Lease, and delineated by plan In the attached exhibit. Perking and other areas to which the Government has rights under this Lease are not Included In the Premises. N. Property The Property Is defined as the land and Buildings In which the Premises are located, Inducing all Appurtenant Areas leg, parking areas) to which the Government Is grained rights. 0. Rentable Soso or Rentable Square Feet IRSFI. Rentable Spam Is the area for which a tenant is chargad rent. It Is determined by the Buildup owner and may vary, by city or by building within the same city, The Rentable Space may Include a share of Building supporVmmmon areas such as elevator lobbies, Building mMdors, and floor service areas. Floor service arena typically Include restroome janitor mons, telephone closets, electrical doses, and mechanical moms The Rentable Spam dues not Include vertical building penetrations and their enclosing wells, each as stain, elevator shafts, and vertical duds. Rentable Square Feet Is circulated using the f0 riming formula for each type of Space (ep., office, warehouse, ec) Included In the Premises: ABOA SF cf Space x (1 * CAF) = RSF. P. Spam. The Spam shall refer to that part of the Premises to whim the Government has exclusive use, such as Office Area, or other type of Space. Parking areas to which Ne Government has rights under this Lease are not Induced In the Space. O. Office Area. For the purposes of this Lease, Spam shall be measured in accordanca wird the standard (255.14993) provided by American National Standards Institute/Building Owners and Managers Association (ANSIIBOMA) for Office Area, wthich means 'the area where a tenant normally houses personnel andlar furniture, for which a measurement is to be mmputeV References to ABOA mean ANSIIBOMA Office Area. R. Workino Days. Working Days shell mean weekdays, excluding Saturdays and Sundays and Federal holidays. 2.02 AUTHORIZED REPRESENTATIVES (JUN 2012) _ LEASE NO. GS -11 OP-LAK07482, PAG E 4 LESSOR:_GOVERNMENT: GSA FORM L202 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 60 of 367 AGENDA ITEM #12.8. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 61 of 367 The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extant that such authority may be explicitly delegated by notice to the other partyor to the extent that such authority is transferred by succession of interest. The Government shall have the night to substitute its Lease Contracting O0icer (LCO) by notice, without an express delegation by the prior LCO 2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (SEP 2013) A. The Government may request the Lessor to provide alterations during the term of the Leese. Alterations will be ordered by issuance of a Lease Amendment, GSA Form 300, Oder for Supplies or Services, or, when speoflcally authorized to do so by the LCO, a tenant agency -approved forth. The GSAM clause, 552.270-31, Prompt Payment, inducing Its Invoice requirements, shall apply to orders far alterations. All orders are subject to the terms and conditions of this Lease and may be placed by the LCO or a warranted contracting officers representative ICOR) In GSA or the tenant agency "an specifically authorized to do so by the Lease Contracting Officer, subject to the threshold limitation below. S. Odom for alterations Issued by an authorized COR are limited to no more than $1511.000 (LCDs ere not subject to this threshold). This threshold will change acooding to future adjustments of the simplified acquisition threshold (sea FAR 2.101). The LCO vll provide the Lessor with a list of tenant agency officials authorized to place odors and will specify any limitations on the authority delegated to tenant agency officials. The tenant agency officals are not authorized to deal win be Lessor on any Other m8ttera. C. Payments for alterations ordered by the tenant agency under the authorization desrnbec in sub -paragraph 9 vll be made directly by the tenant agency placing the order 0. Refer to Exhibit E for the Replacement and Renewal Reserve List. 2.04 WAIVER OF RESTORATION (APR 20111 The Lessor shall have no richt to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the Premises during the term of the Lease (Inducing any extensions thereoQ, as well as (b) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by Me Lessor or by the Government At its sola option, the Government may abandon property In the Space following expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieves of any liability In connection lherewth. 2.05 CHANGE OF OWNERSHIP (APR 2016) A. If during the term of the Lease, title to the Property is transferred, the Lease Is assigned, or the Lessor changes its legal name, the Lessor and its successor shall comply with the requirements of FAR Subpart 4212. If title is transferred the Lessor shall notify the Government within five days of the transfer of title. S. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only Its legal name, and the Government's and the Lessors respective rights and obligations remain unaffected A sample form is found at FAR 42 1205, C If title to the Property Is transferred, or the Lease IS assigned, the Government, the original Lessor (Transfemp, and Me new owner or assignee (Transferee) shall execute a Novel Agreement providing for the transfer of Transfemrs rights and obligations under the Lease to the Transferee. When executed on behalf of the Government, allovation Agreement will be made pan of the Lease via Lease Amendment, D In addition to all documents required by FAR 42 1204. the LOO may request additional information (e.g. copy of the deed, bill of sale, certificate of mergercontract. court decree, articles of incorporation, operation agreement. partnership certificate of good standing, etc.) from the Transferor or Transferee to verify the parties' representations regarding the transfer, and to detemtine whether the transfer of the Lease is in the Government's interest. E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government interest, the Transferor shall remain fully liable to the Government for Me Transferee'a performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the Government be obligated to release the Transferor of obligations prier to (a) the rent commencement date, and (b) any amounts due and ovng to the Government under the Lease have been paid in full or completely set a0 against the rental payments due under the Lease. F As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Awad Management (SAM) (Sea FAR 52 232-33), and complete and sign GSA Form 3510 -SAM. Addendum to System for Award Management (SAM) Representations and Certifications (Acquisitions of Leasehold Interests in Real Property). G. If title to the Property is transferred, or the Lease Is assigned rent shall continue to acro®, subject to the Government's rights as provided for in this Lease. However, the Government's obligation to pay rent to the Transferee shall be suspended until the Government has received all Information reasonably required by the LCO under sub -paragraph D, the Government has determined that recognizing the Transferee as the Lessor is In Me Government's interest (which determination will be prompt and not unreasonably withheld), and the Transferee hes met all conditions specified In sub -paragraph F. So long as any delays in affecting the recognition of Transferee as Lessor are not the responsibility of the Government, no Interest shall accrue on suspended rent. 2.06 ADJUSTMENT FOR VACANT PREMISES (SEP 2013) A. If the Government fails to occupy any portion of the leased Premises or vacates the Premises in whole or in pan prior to expiration Of the term of Me Lease, the rental rata and the base for operating cost adjustments will be reduced LEASE NO. GS-10P-1-AKO7482, PAGE 6 LESSOR: GOVERNMENT: GSA FORM LZp2 (a6116) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 61 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 62 of 367 B. If no rate reduction has been established in this Lease, the rate will be reduced by that pardon of the costs per ABOA SF of operating expenses not required to maintain the Space. Said reduction shall occur after the Government gives 30 calendar days prior notice to me Lessor and shall continue In effect until the Government occupies the vacant Premises or the Lease expires or Is tennlnated. 2.07 OPERATING COSTS AOJ USTMENT(JUN 2012) A. The Operating Cost Base volt be Me same for the first three (3) years of the lease, subject to paragraph D. These costs are coats for cleaning services, supplies, material, maintenance, fresh removal, landscaping, elevators, water, sewer charges, heating, air conditioning, electricity and insurance (hazard, liability, etc,) and salaries for the following positions 1) Building Engineer and actual labor costs for 2) Maintenance Mechanic and 3) Seasonal Borough Employees which are directly attributable to occupancy B. Each year Me Lessor Is required to submit to GSA the GSA Foos 1217 reflecting the Operating Costs for be year no later than December 31a. The parties will schedule a meeting Within 30 days after the submission of the Operating Costs to reconcile and aru�t the GSA Form 1217 by Lease Amendment The address to submit the GSA Form 1217 is Leasing Division, Attn: Leasing Branch Chef. 400 SW 15' SL Aubum, WA 98001. C. The Operating Casts are a pass-through. The lease is divided into a series 0 adjustment periods beginning win a Mree year followed by three (5) year and a two year adjustment period. Subject to paragraph 0, the Operating Cost Base wilt remain the same for 09 first adjustment period The Operating Costs (from the officially accepted GSA Form 1217 5) from the first penodwll be averaged (X =Tool Operating Costs/adjustment period length) At the end of the first three year adjustment period, the difference between the average Operating Costs and the annual Operating Cost Base will be divided by the next adjustment length to determine the variance (Y=(Opemting Costs average - annual Operating Cost Base)/Next adjustment length) The vanance plus the average of Me Operating Costs equals the New Operating Cost Base. (X+Y = New Operating Cost Base) The same process will continue for the next adjustment periods (years 9-13 and 14-1B and 19.20) Years 19 and 20 will result in a difference that will be paid lump sum by the owing parry All Operating Cost Base changes will be made by Lease Amendment with the effective date at the start of each adjustment period. An example of the process follows below. Example OperatIn, Cost Actua1-1217 aase Variance 4/1/2016 - 3/31/2017 $505,000 $ 500,000 $5,000 4/1/2017.3/31/2018 5505,000 5 500,000 551000 4/1/2016- 3/31/2019 5511,000 $ 500,000 $11,000 Totals $1,521,000 $ 11500,000 $211000 Average(total/3) $507,000 Annual recoup amount (total variance/5 years) 54,200 New base(effective 4/1/2019) $511,200 orutmvn6 Cut Actual -1217 Base Variance 4/1/2019-3/31/2020 $512,000 5 511,200 $800 4/1/2020 3/31/2021 $530,000 5 5111200 $18,800 4/1/2021-3/31/2022 $518,000 5 511,200 56,800 4/1/2022 - 3/31/2023 $522,0110 5 511,200 $10,900 4/1/2023-3/31/2024 5530,000 $ 511,200 $181800 Totals $2,632,000 $ 21556,000 $56,000 Average(total/3) $522,400 Annualrecoup amount Uptal variance/5yean) $11,200 New base (effective 4/1/20241 $533,600 LEASE NO. GS -10P-1 A 117482, PAGE 6 LESSOR: GOVERNMENT: GSA FORM L202 (06/16) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 62 of 367 AGENDA ITEM #92.B. D. If the Operating Costs increase or decrease by more than 25% cumulative within an adjustment period, the difference will be reimbursed or credited at O Interest and adjusted by negotiator, and Lease Amendment with an effective date of April 1e following submission of Me GSA Foran 121). Adjustment Periods. LEASE NO. GS-10P-LAN07462, PAGE LESSOR:_ GOVERNMENT:_ GSA FORM L202(06)16) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 63 of 367 Adjustment Period 1 YR 1 4/1/2016-3/31/201) YR2 4/1/201)-3/31/2036 YR3 4/1/2016.3/31/2019 Firm Term Adjustment Perlod2 YR4 4/1/2019.3/31/2020 YR5 4/1/2020.3/31/2021 YR 6 4/1/2021.3/31/2022 YR) 4/1/2022-3/31/3023 YR6 4/1/2023-3/31/2024 Adjustment PeNod3 Ya9 4/1/2024 3/31/2025 YR 10 4/1/2025.3/31/2026 YR 11 4/1/2026-3/31/2027 YR 12 4/1/2027-3/31/2026 YR 13 4/1/2026.3/31/2029 Nan -Nm Term Adjustment Period 4 YR 14 4/1/2029.3/3212MO YR 15 4/1/2030.3/31/2031 YR 16 4/1/2031.3/31/2032 YR 17 4/1/2032-3/31/2033 YR 36 4/1/2033-3/31/2034 AdjuAment Period 5 YR 39 4/1/2034.3/31/2035 I YR 20 4/1/2035-3/31/2036 LEASE NO. GS-10P-LAN07462, PAGE LESSOR:_ GOVERNMENT:_ GSA FORM L202(06)16) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 63 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 64 of 367 SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 3.01 WORK PERFORMANCE (JUN 2012) All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to Me LLQ. The LCO may railed the Lessor's workers 1) If such are unlicensed unskilled, or otherwise Incompetent, or 2) If such have demonstrated a history of either untimely or otherwise unacceptable performance In connection with work carted out In conjunction with either this contract or other government or private contracts. 3.02 RECYCLED CONTENT PRODUCTS (COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) A. The Leaser shall comply to the extent feasible with Me Resource Conservation and Recovery Ad (Iii Section 6002, 1876. The Lessor shall use recycled content products as Indicated In this Lease and as designated by Me U.S. Environmental ProteNon Agency (EPA) in the Comprehensive Procurement Guidelines (CPG). 40 CFR Part 247, and Its accompanying Recovered Materials Advisory Notice (RMAN). The CPG lists the designated recycled content products. EPA also provides recommended levels of recycled content for Mese products. The list of designated products, EPA's recommendations, and lista of manufacturers and suppliers of the products can be found M hit, dM•ww.ape nov/cos. B. The Lessor, If cobble to comply with both Me CPG and RMAN lists, shall submit a Request for Welvar for aarh material to the LCO with the TI pricing submittal. The request for waiver shell be based on the following sheds 1. The costof Me recommended product Is unreasonable. 2. Inadequate competition exists. 3. Items are not available within a reasonable period, 4. Items d0 not meet Lease performance standards. 3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013) A. The Lessor shall use environmentally preferable products and materiels. The Lessor is encouraged to consider the IOecyde analysis of the product In addition to the Initial cost. B. Refer to EPA's en0mnmemlly preferable purchasing Web site, werw.epa.povi and USDA Bio -Preferred products Web site www.bioprefevedgov. In general, environmentally preferable products and materials do one or more of Me following'. 1. Contain recycled material, are bio -based ere rapidly renewable (10 -year or shorter growth cyclo), or have other positive environmental attributes. 2. Minimize Me consumption of resources, anergy, and water. 3. Prevent the ovation of sblid weal., air pollution, or water pollution. 4. Promote lib use 0 MartexlC substances and aveld toxic materials or processes. C. The Lessor Is encoureged to me products that are extracted and manufactured regional lye 3.04 EIUSTING FIT -OUT, SALVAGED, OR REUSED BUILDING MATERIAL (JUN 20121 A. Items aid materials existing In the Premises, or to be removed from the Premises during the demolition phase, are eligible for reuse in the construction phase of the project. The reuse of Items and materiels Is preferable to recycling them; however, Items considered for rouse shall be In re- furbished condition and shall meal Me quality standards set forth by the Government In this Lease. In the absence of definitive quality standards, the Lessor Is responsible to confirm Mat the quality of the Item(.) In question shall meet or exceed accepted Industry or trade standards for first quality commemJel grade application.. B. The Lessor shall submit a reuse plan to the LCO. The Government will not pay for existing fixtures and other The accepted in pieta. However, the Government will reimumle the Lessor, as pan of the TIA, the coats to repair or Improve such fixtures or Improvements Identified on the rouse plan ant approved by the LCO. 3.06 CONSTRUCTION WASTE MANAGEMENT (SUCCEEDING) (JUN 2012) A. Recycling construction waste Is mandatory for Initial space alterations for To and subsequent Simmons under the Lease, when available In Kodiak, AK. B. Recycling constrodion waste means providing all semcm necessary to Raman construction materials or wastes to organizatlons which will employ these materials cr wastes In the production of new materials. RecrycJing Includes requiretl labor and equipment necessary to separate Individual materiels from the assemblies of which they form a pad. 0. SUBMITTAL REQUIREMENT: Prior to constmdion commencement, a proposed plan fallowing industry standards to recycle construction waste. The construction waste management plan shall quantify material Miamian goals and maxi ilm Me materials to be mcycted andlor salvaged (at least 50 Percent) from construction, demolition, and packaging claims. Where Me small quantity of material, the extraordinarily complex nature of LEASE NO. GS-10P-LAK074B2, PAGE 6 LESSOR:_ GOVERNMENT: _ GSA FORM L202 (05115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 64 of 367 AGENDA ITEM #12.B. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 65 of 367 the wane dismasal method, or prohibitive eVeme for recycling would represent a genuine hardship, Me Government, upon ""an request of the Lessor and approval of Me LCO, may behind alternative means of disposal. D. The Lessor shall recycle the following Items during both the Mathison and construction phases d the project, subject to economic evaluation and feasibility I . Ceiling grip and lila 2. Light fldures, including proper disposal of any transformers, ballasts, and fluorescent light bulbs 3. Dud work and HVAC equipment 4. Wring and electncal equipment 5, Aluminum end/or steal dome and homes e. Had.. 7. Drywall S. Steel studs 9. Carpet, carpet backing, and carpet padding 10. Wood 11. Insulation 12. Cardboard packaging 13. Pallets 14. Wndows and glazing materials 15. All miscellaneous metals (as in steel support tremas for filing squlpmenp 16. All other finish and consbudion materials. E. If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, polyrhlorinaled biphenyls (PCBs) (such as fluorescent lamp ballasts), or other harmful substances, they shall be handled and removed In accordance with Federal and state laws and requirements concerning hazardous waste. F. In addition to providing "one throe" removal and deciding of large style demolition Items such as carpeting or drywall, the Lessor shall provide continuous facilities for the recycling of Incidental construction waste during the Initial Construction. G. Construction materials nodding records shall be maintained by the Lessor add shall be accessible to the LCO. Records shall Include materials recycled or and -filled, quantity, data, and Identification of hazardous wastes. 3.06 BUILDING SHELL REQUI REMENTS(SEP 2012) A. The Building Shell shall be designed, constructed, and maintained In accordance with the standards set forth modish and completed prior to acceptance of Space. For pticlng, fulfillment of all requirements not specifically designated as Tis, Building Specific Amortized Capital, Operating Costs, or other rent components as Indicated shall be deemed Included In the Shell Rent, B. Bass structure and Building enclosure components shall be =plate, All mammon areas accessible by the Government, such as lobbies, fire egress corridors and stairwells, elevators, garages, and service areas, shell be complete. Restromn shall be compete and operational. All newly Installed Building shell components, Including but not limited to. heating, ventilation, and air conditioning (MVAC), esactmral, callings, sprinklers, etc., shall be furnished, Installed. and coordinated with Tis. Circulation cm dohs am Provided as part of Me base Building only on multi -tenanted! floor "am Me wnid or Is common to more than one tenant. On single tenant floors, only the fire egress coMdor(s) necessary to meet code is provided as part of the shell. 3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECTIENGINEER(SUCCEEDING)(APR 2011) The Lessor shall be responsible for the professional quality, ledhnical accuracy, and the coordination of all designs, dmwings, specifications. and oMer services furnished by Me Lessor under this m ttract. The Lessor shall, without additional compensation, correct or revise any ermn or defidencles In Its designs, drawings, spedcatims, or other services. Except for armors or deficiencies In existing designs, drawings or speclfcaOons, H the Incorrect dawings for the Government's requested alterations was bid with missing requirements and the Government affirms Me need for the additional Items, the Government Is responsible to pay Me fair cosi of the items. Any cost that Is increased clue to more by the Lessors' ard8tect, such as having to demolish something fuel built, will be Me Leeson' responsibility The Government, prior to any bids, will have the opportunity to review and approve design intent drawings, construction drawings, and specifications with a 30 day review period. 3.08 QUALITY AND APPEARANCE OF BUILDING (SUCCEEDING) (SEPT 2911) During the life of the Lease the Building shall project a professional and amthetically pleasing appearance Including an attractive front and enhance way. The facade, downspouts, roof trim, and window casing shall be dean and in good condition. 2.08 VESTIBULES (SUCCEEDING) (APR 2011) A. EAti ing vestibules shall remain In place at public enhances and ads wherever weather conditions and heal lose aro Important factors for consideration. In the event of negative air pressure conditions, provisions shall be made for equalizing air pressure. B. Existing grilles and grates shell remain in place to control did and particulates from entering the Building at all primary ededor entryways. 2.10 MEANS OF EGRESS (MAY 2015) LEASE NO. GS-IOP-LAI107482, PAGE 9 LESSOR: _ GOVERNMENT: GSA FORM UO2 105116) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 65 of 367 AGENDA ITEM #12.B. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 66 of 367 A. Prior to occupancy. the Premises and any parking garage areas shall most or will be upgraded to meet, either the applicable egress requirements in Me National Fire Pretemon Association, Life Safety Coca (NFPA 101), or the ftimmadonal Coda Council, International Building Code (IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent Tavel of safety deemed acceptable by the Government. B. The Space shall have unrestricted abuse to a minimum of two remota suite on each floor of Government occupancy. C. Interlocking or scissor stairs located on the floor($) where Space Is located shall only count as one exit stair D. A Ore escape totaled on the owns) where Space Is located shall not be counted as an approved ext stair. E. Doan shall not be talked in the direction of egress unless equipped with special lurking hartware In accordance win requirements of NFPA 101 a the IBC. 2.11 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013) A. Any portion of the Space located bslowynde, Including parking gangs areas, and all areas in a Building referred to as "hazardous areas" (defined in National Fire Protection Assodation (NFPA) 101) That an located within the entire Building (including non -Government areae) shall be protected by an outmode fire sprinkler systemor an equivalent level of safety. S. For Buildings In which any potion of the Space Is on or above Me sixth floor, then, at a minimum, the Building up to and Including the highest flexr of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safely. C. For Buildings In which any portion of the Space Is on or above the didh fico, and lease of the Space will result, either individually of In eombinatian wild other Government Leases in Me Building, In the Government leasing 35,000 or more ANSI/SOMA Office Area SF of Space In the Building, then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety. D. Automatic Bre sprinkler systemp) shall be Installed In acconlance with the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems that was in effect on the actual date d installation. E. Automatic fire sprinkler system(s) shall be maintained In accordance with Me requirements of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems (current as of the Lease Award Dale), F "Equivalent Tavel of safety" means an alternative design or system (which may incuds automatic fire sprinkler systems), based upon fire protection engineering analysis, which achleves a level of safety equal to or greater than Nat provided by automatic fire sprinkler systems. 3.12 FIRE ALARM SYSTEM (SEP 2012) A. A Building -wide fire alarm system shall be Installed In the entire Building in which any portion of the Space Is located on the 3" floor or higher. B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code That was In effect on the equal date of Installation C. The fire alarm System shall be maintained In aasrdance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Leese Award Data). D. The fire darn system shall transmit all fire alarm signals to the 1=1 Ore department via any of the fallowing means: directly to the local fire department, to the (911) public communications center, to a central station, to a remote supervising station, or to a proprietary sumrvieng station. E. If the Building's fire alarm control unit is over 25 years old as of the date of award of this Lease, Lessor shall install a iww fire alarm system In accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (anent as of Me Lease Award Date), prior to Government acxxpmncs and occupancy of the Spam. 3.13 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011) A. The Energy Independence and Security Act (EISA) establishes the following requirements for Government Leases in Buildings that have not earned the ENERGY STARS Label conferred by Me Environmental Protection Agency (EPA) within one year prior to the clue date for final proposal revisions rmosl recent year). B. If this Lease was awarded under any d EISA's Section 435 statutory exception, the Lessor shall either 1. Earn Me ENERGY STARS Label prior to acceptance of the Spam (or not later than one year after the Lease Award Date of a succeeding or Superseding Lease); a 2 Complete anergy efficiency and conservation improvements K any, a0reed to by Lessor in lieu of mining the ENERGY STARS Label prior to acceptance of the Spam (a not later than one year after the Lame Award Date of a succeeding or superseding Lease). C. If this Lease was awarded to a Building to be built at to a Building predominantly vacant as of the due date far final proposal revisions and was unable to earn the ENERGY STARS label for Me most recent year las defined above) clue to Insufficient occupancy, but "a able to demonstrate LEASE NO. GS-I0P.LAK07482, PAGE 10 LESSOR; —GOVERNMENT. OSA FORM L202(05116) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 66 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 67 of 367 Millicent evidence of capability to earn the ENERGY STAR® label, Nen Lessor must earn the ENERGY STAR® label within 10 months after occupancy by the Government. D. The Government agrees Ne recently completed HVAC modifications missile the Intent of 3.138.2 3.14 ELEVATORS (SEP 2013) A. The Lessor shall provide suitable passenger and, when required by the Government, freight elevator serves t0 any of the Premises not having gmund level access. Service shall be available during the normal hours of operation specified In the In this Lease. Hw,nveq we passenger and, caftan required by the Government one insight elevator shall be available at all three for Government use. Man a height elevator Is required by the Government, it shall be accessible to the loading areas. When possible, Ne Government shall be given 244iour advance notice If the service Is to be Interrupted far more Nan 1-i/2 hours. Normal service Interruption shall be scheduled outside of Na Government's normal working hours. The Lessor shall also use best efforts to minimize the frequency and duration of unscheduled Interruptions, B. 9g9.Q: Elevator, shall conform to the current requirement of the American Sodely of Mechanical Engineers ASME A17.1/CSA 844. Safety Coda for Elevators and Escalators (current as of Ne Lease Award Date). Elevator shall be provided with Phase I emergency recall operellon and Phase 11 emergency M car operation In accordance with ASME A17.1/CSA B s l Fire alarm thNeting devices (aif, smoke detectors) used to initiate Phase I emergency recall operation shall be Installed In accordance with the requirements of NFPA 72, National Firm Alarm and Signaling Cade. The elevators shall be Impeded and maintained in accordance with the current edition of the ASME A17.2, Inspector's Manual for Elevators. Except for the reference to ASME A17.1 In ABAAS, Section F105.2.2, all elevators must meet ABAAS requirements for a¢msNitity In Sections 4D7, 405, and 409 WABAAS. C. Safety Systems: Elevators shall be equipped with telephones or other Mu -way emergency communication systems. The system used shall be marked and shell reach an emergency communication location staffed 24 hours per day, 7 days per week. D. Agggig The passenger elevators shall have a capacity to transport In 5 minutes 15 percent of the normal population of all upper noon (tweed on 150 SF per person), Further, the dispatch Interval behenen elevators during Ne up -peak demand period shall not exceed 35 seconds. E. Interior Finishes: Elevator cab wells shall be hudwacd, made, granite, or an equivalent pro -approved by the LCO. Elevator cob floors shall be marble, granite, terrazzo, or an equivalent pm- mmoved by the LCO. 3.16 DEMOLITION (JUN 2012) The Lessor shall remove existing abandoned electric, telephone, and data cabling and devices, as well as any other improvements or flutes In place to accommodate Ne Government, requirements. Any demolition of elating Improvements that Is necessary to satisfy the Governments layout shall be done at Ne Lessor's expense. 3.16 ACCESSIBILITY (FEB 20071 The Building, leased Space, and areas serving the leased Spare shall be accessible to persons Win disabilities In accordance with the Architectural Barmen Ad Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the extent the standard referenced in the preceding sentence conflicts wtN kcal accessibility requirements, the more stringent shall apply. 3.17 CEILINGS (APR 2016) A complete acoustical ceiling system (which Includes grid and lay4n tiles or other Building standard coiling system as approved by the LCO) throughout the Space and Premises shall be required. The acoustical ceiling system shall be furnished Installed, and wordnated with Tie. A. Ceilings shall be at a minimum 9 feel and 0 Inches and no more Nan 12 feet and 0Inches measured from floor to the lowest obstruction. Areas with raised flo0dng shall maintain these wiling -height Iknllat ons above the finished relsed flawing. Bulkheads and hanging or surface mounted light fixtures which Impede traffic ways shall be avoided. Ceilings shall be uniform In color and appearance throughout the Space, with no obvious damage to tiles or grid. B. Prior to dosing the ceiling, the Lessor shall coordinate with the Government for the Imralliumn of any Items above the telling. C, Should the wiling be Installed In the Space prior to construction M the TIB, Nen the Lessor shall be responsible for all costs In regard to the disassembly, storage during consimcbon, and subsequent m -assembly of any of the wiling components which may be required to complete the Tis. The Lessor shall also bear the risk for any damage to the wiling or any components thereof during the construction of the Tie. D. Ceilings shall be a flat plane In each mom and shall be suspended and finished as follows unless an alternate equivalent Is pro -approved by the LCO: 1, Restmoma. Plastensd or madded and taped gypsum board. 2. Offices and conference mama. Mineral and acoustical the or lay In panels with hummed or patterned surface and regular adges or an equivalent pre -approved by the LCO. Tries or panels shall contain a minimum of 30% recycled content. 3. Coridon and eatingfgalley areas. Plastered or speckled and taped gypsum baud or mineral a oustiwl tile. LEASE NO. GS-10P-LAN07402, PAG E 11 LFSSOR:_OOVERNMENT:_ OSA FORM UO2(06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 67 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 68 of 367 2.18 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 2012) A. Exterior Building doom and doors necessary to the lobbies, common areas, and cone areas shall be required. This does not Include suite entry or Interior doom spec to Ta. B. Exterior doom shall be weather tight and shall open outward. Hinges, pivots, and pins shall be installed in a manner which prevents removal when the door Is closed and locked. These doom shall have a minimum clear opening of 32" clear wide x 89' high (per leap. Doors shall be heavy duty, flush, (1) hollow and construction, (2) solid mm wood, or 13) Insulated tempered glass, As a minimum requirement, hollow steel tloors shall be fully mutated, flush, M18 -gauge hollmv ateel. Solld•com wood doors and hollow steel doom shall be at least 1-3/4 mass thWt. Door assemblies shall be of durable finish and shall have an aOaNefically pleasing ap"wance acceptable to the LCO. The opening dimensions and operations shell conform to the governing building, Bre safely, accessibility, and energy mikes and/or requirements. Fire door assemblies shall be listed and labeled. Labels on Bre door assemblies shall be maintained In a legible condition. Fire door assemblies and their accompanying hardware, Including saunas and closing devices well be installed In accordance with the requirements of NFPA 80, Standard for Fire Doom and Other Opening Protectives, C. Exterior doom and all common area doom shall have door handles w door pulls with heavyweight hinges. All doors shall have mrresponding doorstops (wall or floor mounted) and silencers. All public use doors and rea mom doors shall be equipped with kirk plates. All doom shall have automatic door closers. All Building exterior doom shall have locking devices Installed to reasonably deter unauthorized entry. 2.18 DOORS: IDENTIFICATION (MR 2011) All signage required in common areae unrelated to terant identification shall be provldem and Installed by the Lessor. 3.20 WINDOWS ISUCCEEDING)(SEPT 2011) All windows shall be weather tight. Operable windows Net open shall be equipped with locks. Offatmel, groundaevel wirMows and Nose accessible from fire escapee adjacent roofs, and other structums that can w opened must be fitted with a sturdy lading device. Windows accessible from we escapee must be readily operable from me Inside of the Building. 3.21 PARTITIONS: GENERAL.(MR 2016) Partitions In public areas shell be marble, granite handwi or drywall covered with durable wall covering or high performer mating, or equlvalant pre -approved by the LCO. Newly Installed gypsum board materiel must be Grawt u m! Gold Certified or have 0 grams per liter of VOCs. 3.22 PARTITIONS: PERMANENT(APR201S) Permanent partitions shall exteral from the structural floor slab to the structural ceiling slab, They shall be provided by the Lessor es partof Mall rent as necessary to surround the Space, stairs, common, elevator shafts, restrooma, all columns, and janitor closem. They shall have a flame spread rating of 25 or less and a smoke development raling of 450 or lass (ASTM E-84). Stale, elevators, and Mar fimr openings shell be enclosed by partitions and shall have the Bre resistance required by Ne applicable building mike, fire code and ordinances adopted by the jurisdiction in which the Building Is located (such as the International Building Code, ata) current as of Ne Lease Award Dale, Newly Installed gypsum board material must be Gmenguam Gale Certified or have 0 grams per liter of VOCs. 3.23 INSULATION: THERMAL, ACOUSTIC, AND HVAO(SEP 2013) A. All Insulation produce shall contain rem"nul materials as required by EPA's CPG and related recycled writers recommendations. B. No Insulation Installed with this projec shall w material manufactured using cldaofluorocarbons (CFCs), nor shall CFCs be used In Me Installation of the pmmuct. 0. All Insulation containing fibmus materiels exposed to air Mw shall be rated for that exposure or shall be encapsulated. 0. Insulating pmpertlm for all materials shall meet or exceed applicable industry standards. Polystyrene produce Mall meet American Society for Testing and Materials (ASTM) C578 Bf. E. All Insulation Mall be low amibing with not greater than .05 ppm formaldehyde amisslons. F. The maximum flame spread and smoke developed index for Insulation shell meet the requirements of the applicable local comm and ordinances (wrrent as of the Lease Award Date) adopted by Ne jurisdiction in which the Building Is bcated. 234 WALL FINISHES— SHELL (SUCCEEDING) (JUN 20/21 A. All restrooms within the Building common areas of Government-occupled floors shall have 1) ceramic file, recycled glass tile, or comparable wainscot Man the finished floor to a minimum height of 4'41' and 2) sami-glees paint on remaining well areae, or other finish approved by the Government. S. All elevator areas Nat access the Space and hallways accessing Me Spam Mall be covered with wall coverings hot less than 20 ounces per square yard, high performance paint, or an equivalent. C. Wetlab shall consist of water resistant wall base and coverings, LEASE NO. GS-10P.LAX07482, PAGE 12 LESSOR: GOVERNMENT: GSA FORM L2p2 blif16) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 68 of 367 AGENDA ITEM #12.B. 3.26 PAINTING - SHELL (JUN 2012) A. The Lessor shall bear the expense for all painting associated wth the Building shell. These areas Shall include all common areas. Exterior perimeter walla and Interior core walls within the Space shall be sparkled and prime painted Win low volatile organic compounds (VOC) primer. If any Building shell areas ere already painted prior to Tit, then the Lessor shall replant, at the Lessors expense, as necessary during Tie. B. The toad for cyclical painting requirements as outlined In Section 6 Shall be Included In the shell rent. 3.26 FLOORS AND FLOOR LOAD (APR 2016) A. All adjoining floor areas shall be of a common level not varying more Nan 114 inch over a 10 -foot horlmntal run In accordance Win the American Concrete Institute standards, non -slip, and acceptable to the LCO, B. Under -floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA SF plus 20 pounds per ABOA SF for moveable partitions. Storage areas shall have a minimum lava load capacity of 100 pounds per ABOA SF, including moveable partitions. Lessor may be required to provide a report by a registered structural engineer Showing the floor load capacity, at the Lessors expense. Calculations and structural drawings may also ba required. 3.27 FLOOR COVERING AND PERIMETERS— SHELL ISUCCEEDING)(JUN 2012) A. All Building common areas shall have finished floors, as currently provided. B. The mad for cydical carpet replacement requirement as outlined In Section 6 shall be Included In the shall rent unless othenWe Identified In Section 6. 3.28 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011) The Lessor shall provide and operate all Building equipment and systema In accordance with applicable technical publications, manuals, and standard procedures. Malm, lines, and meters for 0011des shall be provided by the Lessor. Exposed duds, piping, and conduits are not permitted In of cs Spa". 3.25 ELECTRICAL (JUN 2012) A. The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When codas conflict, the more stringent standard shall apply. Mein Service fecili0es shall be enclosed. The enclosure may not be used far storage or other purposes and shall have doags) filled with an automatic deadlocking latch bolt with a minimum throw of 112 inch, Mein distribution for standar oM" occupancy shall be provided at the Lessors expense. All floors shall have 12=08 V, 3-phase, 4 -wire with bond, 60 haft electric service available. In no event Shall such power distribution (not Including lighting and HVAC) for Me Space fall below 4 waft per ABOA SF. B. Main power distribution switchboards and distribution and lighting panel boars shall be ctr"it breaker type with copper buses that are property rated to provide the calculated fault circults. All power distribution panel boars shall be supplied with separate equipment ground buses, All power distribution equipment shall be required to handle the actual specified and projected loads and 10 percent spare load capacity. Oistibuthn panels are required to accommodate circuit breakers for the actual calculated needs and 10 percent Spare circuits Mat vill be equivalent to the majority of other cm ull breakers in the panel System. Fuses and circuit bmakers shall be plainly marked or labeled to Identify circuits or equipment supplied through them. Government accepts the electrical panels as -Is concerning spam load knowing they may not all have extra capacity. C. Convenience outlets shall be Installed in accordance with NFPA Standar 70, National Eleaaical Cade, or local carie, whichever is more Stringent The Lessor shall provide duplex utility outlets In restrooms, cordore, and dispensing areas. 3.30 DRINKING FOUNTAINS (APR 2011) On each floor of Government-bidupled Spa", the Lessor shell provide a minimum of two drinking founteins with drilled potable water within 200 fest of bevel from any Government-occupled area on the floor. The fountains shall comply with Section F211 of the Art titecturel Banners Act Acussibllity Standar. 3.31 RESTROOMS(SEP 2013) A. If his Leese Is Settled by new construction or major attereticns, Lessor shall provide water closets, sinks and urinals on each floor that Is partially or fully occupied by Me government per the following schedule. The schedule IS per floor and based on a density of one person for each 135 ABOA SF of office Spa", allocated as 50% women and 50% men. If major alterations to Me restroom; occur during the term of this Lease, the number of fixtures must meat the schedule as part of the major alterations. ESTIMATEDTOTAL (WOMEN'S) (WOMEN'S) (MEN'S) (MEN'S) (MEN'S) NUMBEROF WATER SINKS WATER URINALS SINKS PEOPLE PER CLOSETS CLOSETS FLOOR 1 b S 2 1 1 1 1 e to 21 ] 2 2 1 1 25 b 38 ]1 2 2 t 3 LEASE NO. 05-10P-LAK07482, PAGE 13 LESSOR:_ GOVERNMENT: GSA FORM L202 (05115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 69 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 70 of 367 ]] to 66 6 3 ] 2 2 67 to 7fi i 4 4 2 2 78 to 96 6 f1 4 2 3 5 1 be 119 7 6 5 2 3 120 I W134 8 6 t ] 4 Abevs tsfi ]/40 1124 1RO 1140 11]0 B. It no new construction or major renovation of a restroom Is occurring, compliance with local code Is suffdant. Separate naeoom fadlitiea for men and women shall be provided In accordance Win Iaml code or ordinances, on each Moor occupied by the Government In the Building. The facilities shall be located m that employees will not be rmulred to travel more than 200 Not, on one floor to reach the mstmoms. Eactm restroom shall have sufficient water closets enclosed with modem stall partitions and dcore, urinals (In men's mom), and hot (sat In accordance with applicable building codes) and mid water Water closets and urinate shall not be visible when the exterior door la open C. Each main restroom shall contain Me following: 1. A minor and shell above the lavatory. 2. A Milan paper dispenser In each water closet stall that will hold at least two rolls and allow easy, unmotded dispensing. 3. A coat hook on the Inside face of the door to each water closet staff and on several wall locations by the lavatories. 4. At least one madam paper towel dispenser soap dispenser, and waste receptacle for every two lavelorim. 5. A mincpensed sanitary napkin dispenser In woman restmoms with a waste receptacle In each water closet stall. B. A disposable toilet seat cover dispenser 7. A counter area of at leant 2 feet, o Inches In length, exclusive of Me lavatories Mawaver, It may be attached to Me lavatories) with a minor above and a ground -fault Interrupter -type convenience outlet located adjacent M the counter area. The counter should be Installed to minimize pooling or spilling of water at the front edge. S. Afloor drain. S. For now Installations and major renovations, restroom partitions shall be made from recovered materials as listed In EPA's CPG. 3.32 PLUMBING FIXTURES: WATER CONSERVATION(OEC 2011) For new Installations and whenever plumbing Mures ere being replaced (replacemera per floor is required prior to Lmm commencement In all Instances of nonconformance where the Government mcuples the NII Moor): A. Water closets must conform to EPA WaterSemm or fixtures win equivalent Rush volumes must be utilized B. Urinals must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized. Waterless urinals are acceptable. C. Faucets must confmm to EPA WaterSenm or fixtures with equivalent flow rates must be utilized. Information on EPA WaterSense Mures can be found at http.//www.ma. licv/watmmnse/. 3.33 JANITOR CLOSETS (SUCCEEDING) (JUN 2012) Existing janitor dosets shall meet all local codes and ordinances. Disposal Is not permitted In restrooms. 3.34 HEATING VENTILATION AND AIR CONDITIONING — SHELL SEP 201]) A. Central HVAC systems shall be Installed and operational, Including, as appropriate, main and branch lines, VAV boxes, pampers, flex ducts, and diffusers, for an open office layout, Inducting all Building common areas. The Lessor shall provide conditioned air through medium pressure duct work at a tela of 75 cubic teat per minute per ABOA SF and systems shell be designed will sufficient systems rapacity to meet all requirements in this Lease. B. Areas having excessive heat gain or heat loss, or affected by solar radiation at different times of the day, shall be Independently controlled C, Em ilommt Performance. Temperature comm) for office Spaces shall be provided by concealed central heating and air conditioning equipment. The equipment shall maintain Space temperature control over a range of Internal load flucomflons of plus 0.5 W/SF to minus 1.5 WISF from Initial design requirements of the tenant. 0. Ductwork Re -ase and Cleaninv. Any ductwork to be mused and/or to remain In place shall be cleaned, loped, and commiserated to be clean In accordance with the standards sat form by HADCA. The cleaning, testing. and demonstration shall oma Immediately prior M Government occupancy to avoid mnfaminalton from construction dust and other airborne particulates. E. During working hours In periods of heating and cooling, ventilation shell be provided in acmdmhce with the latest edition of American Society of Heating, Refrigeration and Air-CondOonMg Engineers (ASHRAE) Standard 62 1, Ventilation for Acceptable Indoor Air Quality. E Air filtration shall be provided and maintained will filen having a minimum efficiency rating as determined by the latest edition of ASHRAE Standard 522, Method of Testing General Ventilation Air Cleaning Devices for Removal EAalency by Particle Size. Pre-fi0ers shall have a Minimum Efficiency Reporting Value (MERV) afficlency of 8. Final Rites shell have a MERV eRclency of 13. G Restmams shall be properly exhausted, YAM a minimum of 10 air changes per hour. LEASE NO. GS-IOP.LAR07482, PACE 14 LES5OR:_ GOVERNMENT: _ GSA FORM L202 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 70 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 71 of 367 2.26 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (SUCCEEDING) (SEPT 20111 Telecommunications switch moms, vire closets, and related spaces shall meet applicable NFPA standards. Echoing and grounding shall be In accordance with NFPA Standard 70, National Electrical Code, and other applicable NFPA standards andior local rude requlremenU. 2.26 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (JUN 20121 A. The Government may elect to contract its own telecommunications (voice, data, video, Internet or other emerging technologies) service In Me Space. The Government may contract Wit one or more perms to have INS wiring (or other transmission medium) and telecommunications equipment installed. B. The Lessor shall allow Me Government's designated telecommunications provident access to utilize existing Building voting to connect Ib services to the Government's Space. If the existing Building voting Is Insufficient to handle the Inummusalon requirements of the Government's designated telecommunications providers, the Lessor shot provide access from the point of entry Into the Building to Me Government's floor Space, subject to any Inherent Ilmmidons In the pathway Involved. C. The Lessor shall allow Me Government's designated telecommunications provident to affix telecommunications antennae (high frequency, mobile, mloowave, satellite, or other emerging technologies), subject to weight and wind load conditions, to mot, parapet, or Building envelope as required. Access from the antennas to the Premises shall be provided. D. The Lessor shall allow the Government's designated telecommunications providers to affix antennas and transmission devices throughout to Space and In appropriate common areas frequented by the Government's employees to allow the use of cellular telephones all communications devices necessary to conduct business. 2.27 LIGHTING: INTERIOR AND PARKING- SHELL (SUCCEEDING)SEP 2012) NOTE: FOR PRICING ESTIMATING PURPOSES, FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER SO ABOA SF. A. INTERIOR FIXTURES: High afflatency T-0. T -S, or LEO light fixtures (and associated ballasts or drivers) shall be installed as either calling gdtl or pendent mounted for an openaMce plan. Gelling grid fixtures shall be either 2' wlde by 4' long or 2' cattle by 2' Tong. Lessor shall provide, as pan of Shell Rent, a minimum overall lighting Mum efficiency of 85 percent. Lamps shall maintain a uniform color level throughout the lease tens. Edsung lighting meets Governments needs. B. LIGHTING LEVELS: Fixtures shell have a minimum of Iwo lubes and shall provide 50 foal -candles at desktop level (30' above finished floor) Win a maximum uniformity retia of 1.5:1. Lessor shall provide, as pan of Shell Rent, 10 average footcenoes In all other Building areas within the Premises wilt a uniformity retro of 4'.1. Emergency agrees lighting levels shall be provided In ac omanca with the local applicable building codes (but not leas than 1 foctcanoe) by either an onsite emergency generator or fixture mounted battery pacts. C. POWER DENSITY: The maximum fixture power density shall not exceed 1.4 vetts par ABOA SF. 0, DAYUGHTING CONTROLS: If the Leese is mom than 10,000 ABOA SF, Me Lessor shall provide daylight dimming charge In atriums or within 15 feet of willows and skylights where daylight can cadmium to energy savings. Daylight harvesting sensing and controls shall be either Integral to the Tuturea or catling mounted and shell maintain required lighting levels In work spaces. E. OCCUPANCYNACANCY SENSORS: The Lessor shell provide catling mount occupancy sensors, or vacancy senaom (preferred), or scheduling conom, through the building automation system (BAS) throughout the Space In order to reduce Me hours that the lights aro on when a particular space is uncocupled. No mom than 1,000 square feel shall be controlled by any one sensor. Occupancy sensors in encased moms shall continue to operate after the HAS has shutdowrh the building at the and of the warkday. F. BUILDING PERIMETER: 1. Extenlor perking areas, vehicle driveways, pedestrian walks, and the Building perimeter lighting levels shall be designed per Illuminating Engineering Society (IES) standards. Provide 5 fao4candles for doorway areas, 3 foot-candles for transition areas and at least 5 footcandles throughout the paring lot. Paring lot fixtures shall provide a maximum to minimum uniformity mtlo of 10:1. 2. Ham leased space Is 100 percent occupied by Government tenants, all extetlor parking lot flxWres shall be 'Do* Sky' compliant with no property line trespass. G. EXTERIOR POWER BACKUP: Exlsrior agrees, walkway, parking lot, and parking structure lighting must have emergency paver backup to provide for safe evacuation of the Building. 3a8 ACOUSTICAL REQUIREMENTS (JUN 2012) A. Reverberation Contml. Private oKca and conference moms using suspended acoustical ceilings shall have a noise reduction ccemdent (NRC) of not less than 0.35 In accordance wilt ASTM C423. Open office using suspended acoustical ceilings shall have an NRC of not less than 0.75. Private offices, conference moms, and open oflms using acoustical cloud or acoustical well panels with a minimum of 70% coverage shell have an NRC of no less Men 0.35. B. Ambient Noise Control. Ambient noise from mechanical equipment shall not exceed noise omens curve INC) 35 in accordance with the ASHRAE Handbook of Fundamentals In oRmss and is.. moms; NC 401n mnttlors, cafeterias, lobbies, and reactions; NC 501n other spaces, LEASE NO. GS.10P.LAK07402, PAGE 15 LESSOR: _GOVERNMENT: _ GSA FORM L202 (05/16) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 71 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 72 of 367 C. Nobe Isolation, Roan, separated from adjacent spaces by calving high partitions (hot Including door) shall nut be less than the fallowing noise Isolation Gass (NIC) standards when tested In accordance with ASTM E4136'. Conferencemoms: NIC40 Offices: NIC 35 D Telling. The LCO may require, at Lessor's evens, test mpods by a qualified acoustical consultant shwnng Nat acoustical requirements have been met. E. Current office conditions meat acoustical requirements. 2129 INDOOR AIR QUALITY DURING CONSTRUCTION (SEP 2013) A, The Lessor shall provide to Me Government material safety data shestsINSDE) or other appropriate documents upon request, but prior to Installation or use for the following products, Including but not limited to. adhesives, caulking, sealants, Insulating materials, fireproding or fire stopping materials, paints, comate, floor and wall patching or leveling materials, lubricants, dear finishes for wood surfaces, janitorial cleaning produce, and pest control Products. B. The LCO may eliminate from consideration products Mill significant quantities of toxic, flammable, corrosive, or mrdnogenic malarial and products win potential for harmful chemical emissions. Materials Used often or In large quantities will receive the greatest amount of review. C. All MSDS shall comply with Occupational Safety and Health Adminldratlon(OSHA) requirements, The Lessor and Its agents shall comply with all recommended measures In the MSDS to protect the health and safety of personnel. 0. To the greatest extent possible, the Lessor shall sequence the Irutalladon of finish materials so that materials that are high miles of volatile organic compounds (VOCs) aro installed and allowed to are before Inflating Interior finish materials, especially soft materials Mat aro woven, fibrous, or porous In nature Mat may adsorb contaminants and release Mem over time. E. Where condition or construction wont occurs adjacent to ocd pied Spam, the Lessor shall erect appropriate barren (nolle, dust, odor, eta.) and take necessary steps to minimize interference with the occupants This Includes maintaining acceptable temperature, humidly, and ventilation in the occupied areas during Wri removal, window replacement, or similar types of work. F. HVAC during Construction. If air handles are used during construction, the Lasso shall provide filtration media with a MERV of 8 at aach return air Grill, as determinetl by Me total editlon of ASHRAE Standard 52.2, Method of Testing General Ventilation Air Cleaning Devious for Removal Efficiency by Particle Size. The permanent HVAC system maybe used to move both supply and return air d umi the construction process only If the follovAng conditions aro met: 1. A complete air filtration system with SO percent effidency fitters is Installed and property maintained; 2. No permanent diffusers am used; 3. No plenum type return air system is employed; 4. The HVAC dud system Is adequately sealed to prevent the spread of smome particulate and other contaminants; and 5. FdloNlp the Building 'flush out,• all dud systems are vacuumed with minable higheffidency particulate arrestanm (NEPA) vacuums and documented dean in accordance with National Air Dud Cleaners Association (NADCA) specifications. G. Flush -ON Promdum.. 1. A final flush -out Period of 72 hour minimum is required after Installation of all Interior fidshes and before occupancy of the Spam. The Leaver shall ventilate 24 hours a day, with new filtration medla at 10043 outdoor air (or madmum outdoor air wfille achieving a relative humidity not greater than SOX). 2. After the 3 -my period Na Spam may be ocoupled; however, the flushcut must continue for 30 days using the maximum percentage of outdoor or consistent with achieving thermal comfort and humidly control. 3. Any deviation from this ventilation plan must be approved by the LCO. 4. The Lessor Is required to provide regularly occupied areas of the Spam *in new air filtration media before occupancy that provides a MERV of 13 or behec 5. Dumq construction, meet or weed Na recommended design approaches d the Sheet Metal and Air Conditioning National Contractore Association (SMACNA) IAO Guideline for Occupied Buildings Under Construction, 1035, Chapter 3. S Protect stored omits and installed absorptive mandate from mdature damage. 2.40 SYSTEMS COMMISSIONIN 0(APR 201 1) The Lessor shall Inccrpersla commiedoning requirements to verify that th Installation and performance of energy consuming systems meet the Government's pmjed requirements. The commissioning shall cover only work associated with Tis or alterations or at a minimum: heating, ventilating, air conditioning and refrigeration (HVACSR) systems and associated controls, lighting controls, and domestic hot walar systems. LEASE NO. GS-10P.LAK07482, PAGE 1 G LESSOR:_ GOVERNMENT: OSA FORM L202(06/10) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 72 of 367 AGENDA ITEM #12.8. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 73 of 367 3.41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS — LEASE(SEP 2014) A. Environmental Due Diligence Lessor is responsible for performing all necessary 'responseactions las that term is defined at 42 U. S 5 9601(25) of the Comprehensive Environmental Response, Compensation and Liability Ad Cl with regard to all 'recognized environmental conditions," as that lam Is defined in ASTM Standard E1527-13, as such standard may be revised from time to time. This obligation extends to any contamination of the Pmpeny where such contammai is not attributable to the Government. Lessor must provide the Government with a summary report demonstrating completion of all required response actions prior to Substantial Completion. Any remediation performed by or on behalf of Lessor must be undertaken in end compliance win all applicable federal, state and local laws and regulations. B National Environmental Policy Act The National Environmental Policy Act regulations provide for analyzing proposed major federal actions to determine if there are ways to mitigate the impact of the proposed actions to avoid minimize, rectify, reduce, or compensate for environmental Impacts associated wth such adons Where the Government has determined that any or all of these mitigation measures should be or must be adopted to lessen the impact of these proposed actions, Lessor must Incorporate all mitigation measures Identified and adapted by the Government In the design and construction drawings and speciGcalions All costs and expenses for development of design alternatives, mitigation measures and review submittals for worh to be perfoOned under the Lease are the sole responslElllty of Lessor. LEASE NO. GS•10P•LAND7462, PAGE 17 LESSOR: _ GOVERNMENT: GSA FORM L202 (06115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 73 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 74 of 367 SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES 4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SUCCEEDING) (MAY 2016) A. The Government shall accept the Spam only if the mmlrodion of Building shell and Te conforming to this Lease Is substantially complete, a Certificate of Occupancy (C d O) has been Issued as set forth below and the Building Improvements necessary for acceptance as described In the paragraph'Bullding Improvements' are completed. B. The Spam shall be considered substantially complete only If the Spam may be used for its Intended purpose and completion of remaining work rill rot Interfere unreasonably with the Government's enjoyment of the Spam. Acceptance shall be final and blMing upon the Government with hoped to the completion of the Tis, with the exception of Items Identified on a punch list generated as a result of Me Inspection, concealed conditions, latent defects, or fraud, but shall not repave the Lessor of any other Lease requirements. C. The Lessor shall provide a valid C of 0. Issued by Ne local jurisdiction, for the Intended use of the Government. If the local jurisdiction does rot Issue C of 0's or If the C of 0 Is hot available, the Less" may sa0sty this condition by providing a report prepared by a licensed fire protection engineer that Indicates the Spam and Building ah compliant with all applicable local codas and ordinances and all fire protedlon and life safety- related requirements of ride Lease. D. At acceptance, the Lease term shall commence and the Lease Tern Commencement Data shall be memorialized by Lease Amendment. E. The Government will not be required to accept spew prior to me schedule outlined In this Lease. 4.02 AS -BUILT DRAWINGS (JUN 2012) Not later Nan 130 days after the acceptance of the Spam, Na Lessor shall furnish to the Government a complete set of Computer Aided Design (CAD) files of the original conabuctlan drawings showing the Spam under Lease, as well as coddcrs, stairways, and bare areas at no met to the Government. The plans shall have been generated by a CAO program which Is compatible wild the latest release of AutoCAD. The required file artension Is ',DWG,' Claes and purged files shall ba submitted on CD-ROM. They shall be labeled Won Building name, address, list of dhwing(s), dated the drewini and Lassoes architect and architect's phone number. Asbuilt plans shall be provided In Portable Document Format (pol flea. Clean and purged files shall be submitted on CD-ROM. They shall be labeled with Building name, address, list of dhwinOls), date d the dishMm s), and Lessor's architect and arrhdad's phone number. The Lassoes operator shall demonstrate the submission on GSA equipment, If requested by the LCO. LEASE NO. GS-I0P-LAK07432, PAGE 13 LESSOR: _ GOVERNMENT: GSA FORM L202 (05/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 74 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 75 of 367 SECTIONS TENANT IMPROVEMENT COMPONENTS 6.01 TENANT IMPROVEMENT REQUIREMENTS (SEP 2013) The Tb shall be designed, constructed, and maintained In accordance with the standards set forth In this Lease. For pricing, anly those requiremenls designated ss Tie within this section. or designated as Tis within the attached agency requirements and Security Requirements, shall be deemed to be Tl cons. 6.02 DOORS: INTERIOR (SUCCEEDING) (SEP 2013) The following requirements pertain to repair or replacement due to maintenance or attentions performed throughout Ne term of the Leese: Doors within the Space shall be provided as part of the Tis and Mall have a minimum dear opening of 32" wide x SD- high. Doors shall be flush, solid core, wood with a natural wood veneer taco or an equivalent door pre -approved by the LCO. Hollow core wood doom ere not acceptable. They shall be operable with a single effort, and shall meet Me requirements of NFPA 101, Ufa Safety Coda or Me International Building Code (current as of the Lease Award Date). Doom shell be Installed Ina metal frame assembly "I= Is primed and finished with a low VOC semi -glass oil-based paint with no formaldehyde. 5.03 DOORS: HARDWARE (SUCCEEDING) (SEP 2013) The following requirements pertain to repair or replacement due to maintenance or alterations Performed throughout the term of the Lease: Doom shall have door handles or door pulls with heavyweight hinges. The Lessor Is encouraged to avoid the use of chrome -plated haraware. All doom shell have corresponding doorstops (well. or floor-maunted) and silencers. All door entrances leading Into the Space from public condom and ancestor doom shall have automatic Boar closers. Doom designated by the Government shall be equipped with 5 -pin, tumbler cylinder Irks and strike plates. All lacks shall be master keyed. Furnish at least two master keys for each lock to Me Government Any exterior entrance shall have a high security IDG, with appropriate key control procedures, as determined by Government specifications. Hinge pins and heaps shell be seared against unauthorized removal by using spat winds or pinned mounting bolts. The exterior side of the door shall have a lock guard or astragal to prevent tampering of the latch hardware. Doors used for egress only shell not have any operable exterior hardware. All secur ty4ocking arrangements on doom used for egress shall comply with requirements of NFPA 1010, the International Building Code current as of the Lease Award Date. 6.04 PARTITIONS: SUBDIVIDING (SUCCEEDING) (SEP 2013) The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease: A. ON= subdividing partitions shall comply with applicable building collas and local requirements and ordinances shall be provided as part of the T1s. Partitioning shall Word fram the trained floor fo Me finished calling and shall be designee to Pravda a minimum sound transmission cissa (STC) of 37. They Mall have a flame spread rating of 25 areas and a smoke development rating of 450 orient (ASTM Eb ). S.. HVAC shall be rebalancetl and lighting repositioned, as appropriate, after Installation of partitions. . C. If Installed In accordance with the 'Automatic Fire Sprinkler System' and 'Fire Alan System' paragraphs, sprinklers and fire slam notification appliances shall be repositioned as appropriate after Ins illallon of partitions to maintain the level of fire pmteGon and life safety. 5.05 WALL FINISHES (JUN 2012) If Me Government chooses to Install a wall covering. the minimum standard Is vinybf roe, chlorine -tree, plastidzer-free wall covering with recycled content or blo-based commercial well covering weighing not less than 13 ounces per square yard or equivalent. If Me Government chooses to Install a high-performance paint coating, It shall comply with the VOC Timis of the Green Seal Standard GS -11. 6.06 PAINTING—TI(SEP 2013) A. Phor to acceptance, all surfaces within the Space which am designated by GSA for painting shall be newly finished in colors acceptable to Me Government B. The Lessor shall provide interior paints and coatings that meet or am equivalent to the following standards for VOC orf gassing: 1. Topcoat paints: Omen Seal Standard GS -11, Paints, First Edition, May 20, 1993. 2. All other architectural coatings, primers, and undercoats: South Coast Air Quality Management District (SCAOMO) Rule 1113, Artlt6ectural Coatings, effective January 1, 2004. 3, Architectural paints, coatings, and primers applied to Interior walls and callings: a. Fiats: 5O grams per liter (DAL). b. Non -Oats: ISO gt. 4. Anti- nresive and anb-rust paints applied to Interior ferrous metal substrates: 250 gIL. 5. Clear woad finishes: a. Vam1sh:350gA.. b. Lacquer 550 olL. O. Flaarcoafings'. t 00 gIL. 7 Seale.: LEASE NO. GS.10P.LAI107402, PAGE 19 LESSOR: _ GOVERNMENT: GSA FORM L202 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 75 of 367 AGENDA ITEM #12.B. a. Waterproofing sealers: 250 g1L. E Sanding..stere'. 275 g1L. C. All other sealers: 200 gIL. 8. Shellace a. Clear. 730 gR-. b. Pigmented. 550 g1L. 9. Stains: 250 gf-, G Use reprocessed latex paint In accordance vAth EPA's CPG (Comprehensive Procurement Guidelines) on all painted surfaces where feasible. The type of paint shall be acceptable to the Government. 5.07 FLOOR COVERINGS AND PERIMETERS (APR 20151 A. Broadloom carpel or carpet Wes shell meet me requirements set forth in the spermcations below. Floor perimeters at partitions shall have wood, rubber, vinyl, or carpet base. Flow covering shell be Installed In accordance with manufacturing Instructions to lay smoothly and evenly. B. The use of existing carpet may be approved by the Govemment; hmaver, existing carpet shall be repaired, stretched, and deemed before occupancy and shall meet the static buildup requirement as stated in the sae ifications below. G Any alternate flowing shall be preapproved by the Government D. SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED 1. Product sastalnabllily, and environmental reauiremanis. In aM"M achieve supedorperfarmance In mWhple envlmnmeM l ehdbute areas, carnet must have third party certification In accordance With ANSVNSF 140 2007e Sustainable Carpet Assessment Standard at a -Gold- level minimum. Carpel manufacturer must supply centime as pad of the procurement docanenlatlon. 2. Recycled content: Recycled content Is measured by total product weight of pre -consumer andlor postconsumer materials. Recycled content must m at least 10% post -consumer recovered content. 3. Law amildno materiels, The carpel and floor adhesive (for glue -down Installations) must meet the Green Label Plus (GLP) and floor adhesive (for direct glue down) requirements of the Carpet and Rug Institute (ORI). GLP number must be provided. Adheaves must meal VOC content standards per South Coast Air Quality Management District Rule 91168. 4. Few fiber content. Feta yam must be 100 percent nylon fib". Loop Pile shall be 100 percent Bulk Continuous Filament (BCF)', cit and loop shall be 100 percent BCF for the loop portion and may be BCF or risible for Me cut pardon: cut pile carpet shell be assails or BCF. 5. Performance requirements for broadloom and modular tile. a. tai : Less than or equal to 3.5 kV when tested by AATCC Teal Method 134 (Step Test Option). b. Flammability: Meats CPSC.FF-1-70, DOC -FF -1-70 Methenamine Tectal Test wired., C, Floorna Radlanl Panel Test: Meese NFPA 253 Class I or II depending upon occupancy and fire code when tasted under ASTM EE S for glue down Installation. d. Smoke Density: NEE Smoke Chamber - Less than 450 Flaming Mode %hen tested under ASTM E-662. NOTE: Testing must be performed Ina NVLAP accredited laboratory. 6. Texture Appearance Retention Reline (TARR). Carpet must meet TARR ratings specified below The carpet must he evaluated using ASTM D-5252 Hexapod Drum Test as per the commandal carpet test procedure and the TARR classification determined using ASTM D-7330. • 7. Camel reclamation. Reclamation of existing carpet to be determined with polemist vendor. When carpet is replaced, submit .ratification documentation from Me reclamation facility to Me LCO, B. Warranty Submit a copy of the manufaclureYs standard "manly M the LCO vAthin the first 60 clays of Government occupancy. The Government is to be a beneficiary of the terms of this warranty. LEASE NO. GS-IOP-LAK07462, PAGE 20 LESSOR: GOVERNMENT: GSA FORM L202 (06116) Space Definitio1-Tra-m—C-1 TARR nClam�ficatlon Private Offices Training. conference, counmoms, Open Office, cafeteria. co Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 76 of 367 CIaslRcallan Maderele a 3.0 TARR etc. Haevy x 3.D TARR rtltlors, lobbies Severe z 3.5 TARR Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 76 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 77 of 367 5.06 HEATING AND AIR CONDITIONING (SUCCEEDING)(JUN 2012) The following requirements pertain to recu lr or replacement due to maintenance or alterations performed throughout the tans of the Lease: Zone Controlclavicle individual thermostat control for once Space with cannot areas not to exceed 1,500 ABOA SR Interior spaces must be separately zoned. Specialty occupancies (conference morns, kitchens, etc) must have active contras capable of sensing Space use and modulating HVAC system In response no Spam demand. Areas than routinely have extended hours of operation shall be environmentally controlled through dedicated heating and air conditioning equipment. Special purpose areas (such as photocopy centers, large mnferenm moms, computer moms, enc.) with an Internal cooling load In excess of 5 tone shall be Independently controlled. Provide concealed package air conditioning equipment to meet localized spot coaling of tenant special equipment. 5.09 ELECTRICAL: DISTRIBUTION (SUCCEEDING) (JUN 2D12) The follovnng requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease: A. All electrical outlets shall be Installed In accordance with NFPA Standard 70. S. All outlets within the Spam shall be marked and milled for ease of ware tmcing: outlets shall be circolned separately from lighting. All floor outlets shall be flush with this plane of Me finished floor. Outlet cover colon shall be coordinated with partition finish selections. C. The Lessor shell In all cases safely conceal outlets and associated wiring (for electricity. voice, and data) to the wvrkstaUon(s) In partitions, lalling plenums, in remand floor ducts, under raised flooring, or by use of a method acceptable to the Government. 6.10 LIGHTING: INTERIOR AND PARKING— TI(SUCCEEDING)(SEP 2013) The following requirements pertain to repair or replacement clue to maintenance or alterations performed throughout the term of the Lease: A. FIXTURES, The Lessor shall provide Intend lighting to comply with requirements under the paragraph, 'Lighting: Interior and Parking — ShNI (Succeeding). - B. BUILDING PERIMETER. There may be additional requirements for lighting In exterior parking amps, vehicle driveways, pedestrian walkways, and Building perimeter In the Security Requirements attached to this Lease. LEASE NO. GSIOP-LAK07462, PAGE 21 LESSOR: _ GOVERNMENT: GSA FORM L202 (06/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 77 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 78 of 367 SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM 6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS IJUN 2012) A. The Government's normal hours of operations am established as 6:00 AM W 6:00 PM, seven (7) days a week, Services, maintenance, and utilities shall be provided tludng these hours. The Government shall have ac:ess to the Premises and Its Appurtenant Areas at all times will additional payment, Including the use, during other than normal hours, of necessary services and udlms such as elevators, restrooms, lights, and electric power Cleaning shall be performed during normal noun. B. The Lessor and the Lassoes representatives, employees and contractors Shall demonstrate a cooperative, positive, welcoming, respectful, professional and Mminess4lke demeanor and shall present a neat, clean, job -appropriate (professional) appearance. 6.02 UTILITIES (MR 2011) The Lessor Is responsible for providing all utilities necessary for base Building and tenant operators as pari of Ne rental consideration, 6.03 UTILITY CONSUMPTION REPORTING (JUN 2012) Upon request from the Lease Contracting Officer or Contracting OfficeM1 Representative, the Lessor shall provide regular quarterly reports of the amount of all utilities consumed at the Building In monthly detail for the duration of the Lease. These mpor b must be provides within 45 days of the and of each quarterly period and shall be In either wilMen or electronic form, as requested by the Government. The reports shall contin the number d actual units consumed. If reports are available Mailing only the Government's consumption, then the reports shall be limited solely to the Governments consumption. Additionally, said reports shall indicate, for each utility being reported, the use of the specific utility. For example, electricity consumption shall Indicate d It Includes heating or air conditioning, and H so, whether just diffusers or diffuses and heating are Included In electricity consumption. 6.04 HEATING AND AIR CONDITIONING (SEP 2014) A. In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices In order to madmlze tenant satisfaction. These temperatures shall be maintained throughout the leaned Premises and advice areas, regardless of outside temperatures, during the noun of operation Specified in the Lease. The Lessor shall perform any necessary systems start-up required to meet the commordally equivalent temperature levels prior to the first hour of each clay's wpere0on. Al all times, humidity shall be maintained below 60% relative humidly. B. Dudng non -working Moura, heating temperatures Shall be eel no higher than 55• Fahrenheit, and air condoning shall not be provided except as necessary to Mum Specs temperatures to a suitable level for the beginning of working hours. C. Thermal comfort. During all working hours, comply Win the latest edition of ASHRAE Standard 55, Thermal Comfort Conditions for Human Occupancy. D. Warehouse or garage areas require heating and ventilation only. Cooling of this Space Is not required. Temperature of warehouse or garage areas shall be maintained at a minimum of 50- Fahrenhell. E. The Lessor Shall conduct HVAC system balancing after any HVAC system altengons during the term of the Leese and shall make a reasonable attempt to Schedule major construction outside of office hours. F. Normal HVAC systems' maintenance shall not disrupt tenant operations. G. 97 ABOA SF of the Promises shall receive coding at all times (24 hm a clay, 365 days a year) for purposes of coaling the designated server room (Room 133). The temperature of this mom Shall be maintained at no greater than 75 degrees F Iprefened Is 66 degrees), regardless 0 outside temperature w Seasonal changes. The 24 hours cooling serdco shall be provided by the Lessor as part of the Operating Costs Base. NotwgMdanfing the foregoing, Lessor Shall provide this service at no additional coat to the Government 6.05 JANITORIAL SERVICES (JUN 2012) The Lessor Shall maintain the Premises and all areas of the Property to which the Government has routine access In a clean condition and shall provide supplies and equipment for the term of the Lease. The following schedule describes the level of services Intended. Performance will be based on the LCO's evaluation of results, not the frequenry or method of performance. A. 2gk.. Empty trash receptades. Sweep entrances, lobbies, and corridors . Spat sweep flown, and spot vacuum carpets. Clean drinking fountains. Sweep and damp mop or scrub matrooma. Clean all metrical fixtures, and replenish restroom supplies. Dispose of all Irish and garbage generated In ar about the Building. Wash inside and out or steam clean cava used for collection of food remnants from snack ban and venting machines. Dust horizontal surfaces that an readily available and visibly require dusting. Spray buff resilient Pam In main controls, entrances, and lobbies. Clean elevators and escalators, Remove carpet stains. Police sidewalks, parking areas, and driveways. Sweep loading dock areas and platforms. Clean glass entry doom to the Space. B. Threetlmasaweak. Sweeporvacuumslain. C. Weekly Damp mop and spray buff ail resilient More In reatrooms and health unit. Sweep sidewalks, parking areas, and driveways (weatherpermiding). LEASE NO. GS-IOP-LAR074B2, PAGE 22 LESSOR:_ GOVERNMENT:_ GSA FORM L202(06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 78 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 79 of 367 D. Every two weeks. Spray buff mallard floors in secondary corridors, enhance, and lobbies. Damp mop and spray buff hard and rholient floors in office Spam. E. Monthly Thoroughly dust furniture. Completely sweep andlor vacuum carpets. Sweep storage Spam. Spot dean all wall surfaces within 70 Inches of the floor. F. Every two months. Damp Woo restroom wastepaper receptacles, stall partitions, doom, window sills, and frames. Shampoo entrance and elevator carpets. G. Three limes a veer. Oust wall surfaces *thin 70 inches of the floor, vertical surfaces and under surfaces. Clean metal and marble surfaces In lobbies. Wet mop or scrub garages. H. Twice, a year. Wash all Interior and exterior Windom and other glass surfaces. Skip and apply four mats of finish to mallard Hoon In restrooms. Strip and refinish main mMdors and other heavy traffic areas. I, Annually. Wash all venetian blinds, and duet 6 months from washing. Vacuum or dust all surfaces In the Building mare than 70 Inches from the floor. Including light fixtures. Vacuum all draperies In place. Strip and refinish Some In offices and secondary lobbies and corridors. Shampoo carpets In mridon and lobbies, Clean balconies, ledges, courts, areaways and flat moh. J. Evary Nm year. Shampoo carpals In all offices and other non-public areas, K As required. Properly maintain plants and lesions. Provide Initial supply, Installation, and replacement of light bulbs, lubes, ballasts, and stamen. Previde and empty exterior ash cans and dean area of any discarded cigarette buds. L. Pest control. Control pests as appropriate, using Integrated Pest Management teclmlques as spedfied In the GSA Environmental Management Integrated Past Management Tedmique Guide (E402-1001). 8.08 SELECTION OF CLEANING PRODUCTS (APR 2015) The Lessor shall use cleaning products (Including general purpose deamre, floor cleaners, hand soap, etc) that comply With either IM Grew Seal standard, the UUEmLogo standard, EPA's Design for the Environment (DIE) designation, or a substitute acceptable to the LCO. Hand soap Preducts shall also be USDA Certpfied SioPmfmmd. 6.07 SELECTION OF PAPER PRODUCTS (APR 2016) The Lessor shall select paper and paper products (e.g., restroom fissue and paper towels) conforming to the Grew Seal Standard (GS -1), or a substitute acceptable to the LCD. 6.08 SNOW REMOVAL (APR 2011) Lessor shall provide snow removal services for the Government on all days for which this Lease has designated normal hours. Lessor shall dear parking lots If the accumulation of snow exceeds two Inclines. Lessor shall clear sldewalb, walkways and other entrances before accumulation exceeds 1.5 inches. The snow removal shall take place no later than 600 AM, Without exception. Should accumulation continue thmughoul the day, Me Lessor shall provide such additional wow removal services to prevent accumulation greater than the maximums specified In this paragraph. In addition to smow removal, the Lessor shall keep walkways, sidewalks and parking lots free of Ice during the normal hours. The Lessor shall remove excess buildup of send and/or Im malt to minimize slipping hazards. 11 the Building entrancels) has a northern exposure, then Lessor shall take additional messures to protea the safety of pedestrians. 6.09 MAINTENANCE AND TESTING OF SYSTEMS (SEP 2013) A. The Lessor Is responsible for the total maintenance, repair, and replacement and renewal of the tested Premises. Such maintenance, repairs, replacement and renewal Include the site and private access roads. All equipment and systems shall be maintained t0 provide reliable. energy efficient service Without unusual interruption, disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air voloams, or unusual emissions of dirt. The Lessors maintenance responsibility includes Infidel supply and radamment of all supplies, materials, and equipment necessary for such maintenance. Maintenance, testing, and Inspection of appropriate equipment and systems shall be done In accordance Win current applicable codes, and Inspection certificates shall be displayed as appropriate. Copies of all records In this regard shall be forwarded to the Government's designated representative. B. At the Lessors expense, the Government reserves the right to require documentation M pmper operations, Inspection, testing, and maintenance of fire prommon systema, such as, but not Ilmltad to, fire alarm, fire spnnWer, standpipes, fire pump, emergency lighting, Illuminated exit signs, mnergwcy generatorprior to occupancy to ensure proper operation. These lasts shall be Witnessed by the GoveeYment's designated repremnladve. LEASE NO. GS-IOP-LAK07482, PAGE 23 LESSOR: _ DOVERNMENT: GSA FORM 1-202 (0 511 6) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 79 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 80 of 367 6.10 MAINTENANCE OF PROVIDED FINISHES (SEP 2012) A. Paint wall covemma. Lessor shall maintain all wall coverings and high performance paint coatings In -like new! condition for the life of the Lease. All painted surfaces, shall be repainted at Me Lessors expanse, Including the moving and returning of furnishings, any ma Main, Me occupancy by the Government If the paint Is pealing or permanently stained, except where damaged due to Me negligence of Me Government All work shall be done after normal working hours as defined elsewhere In this Lease. In addition to Me foregoing requirement, 1. Lessor shell maim common areas by mutual agreement between the Lessor and the Government. 2. Lessor shall perform repainting of the Space at the agency's mount. The scope will be detmmined by the agency and the Lessor will bid the project. The agency will pay for the project via lump sum payment at project completion and acceptance by the Government. This will be documented through a Lease Amendment. B. Comet and Ooodno, 1. Except when damaged by the Government, the Lessor shell repair or replica flooring at any Oma during the Lease tarts when: a. Backing or undedayment is exposed, b. Them aro noticeable variations in surface color or texture; c It has ads, upturned edges, or other noticeable variations In texture: d. Tiles am loose: or, e. Team or tripping hazards am present. 2. Notwithstanding the foregoing, the Lessor shall replace carpet In the Space at Me agency's request with a product whitlh meats Me requirements In the 'Floor Coverings and Perimeters" paragraph In this Lease. The scope will be determined by the agency and the Less" will bid the project. The agency will pay for the project via lump sum payment at project completion and acceptance by the Government. This will be documented through a Lease Amendment. . 3, Repair or replacement shall Include the moxing and returning of furnishings, Inctuding disassembly and reassembly of systema fumim, per manulectureh waranty. If necessary. Work shall be performad after the normal hours established elsewhere In Mis Lease. 6.11 ASBESTOSABATEMENT(APR 2011) If asbestos abatement work Is to be performed In the Space after ocupsncy, Me Lessor shall submit to the Government the occupant safety plan and a description of Me methods of abatement and recccupancy clearance, In accordance with OSHA, EPA, DOT, state, and local regulations and guidance, at least 4 weeks prior to the abatement work. 6.12 ONSITE LESSOR MANAGEMENT (APR 2011) The Lessor shall provide an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and Immediately address all emergency situations. 6.13 IDENTITY VERIFICATION OF PERSONNEL (SEP 2012) A. The Government reserves the right to verify dentitles of personnel with routine pre-ocmpanry, anNor unaccompanied areae to Government space. The Lessor shall comply with Me agency personal Identity verification procedures below Mat Implement Namaland Security Presidential Direalve-12 IHSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Ml1-11, and Federal Information Processing Standards Publication IFIPS PUB) Number 201, as amended. B. The Government reserves Me right to conduci additional background checks on Lessor personnel and contractors with routine access to Government leased space throughout the term of the Lease. C. Upon request, the Lessor will notify the Government whether May will use either the manual process and submit complated fingerprint chants and background investigation forms, or use the electronic protea of ID verificabon, completed through the a -QIP system. This would be done for each employee m Me Lessor, as will as employees of the Lassoes contractors Or subcontractors who will provide building operating services requiring routine access to Me Government's leased space for a period greater than 6 months. The Government may and, require this Information for the Lassoes employees, contractors, or subcontractors "a will be engaged to perform alterations or emergency repalm In the Governments space. 1. MANUAL PROCESS: The Lessor shall provide Form FO 258, Fingerprint Chart (available from the Government Printing Office at no iftokstore.god gov), and Blended Forth 85P, Questionnaire for Public Trust Positions, completed by each parson and returned to the Lease Contracting Officer (or Me contracting officers designated repr i senlativel within 30 days from recelpt of the forms. 2. ELECTRONIC PROCESS: The electronic process will be done through the e -QIP system. The Lessors contractodimmonnel will receive an email along with Instructions for competing the Off= of Personnel Electronic Questionnaire a -01P). The contrectod"Mummel will have up to (T) seven business days to login and complete the a -QIP for the background investigation. The contractor/personnel will be Insructed to access Me website, and receive on screen Imtrucoom which Include but It Is not limited M: a) Haw to Log In b) How to Answer and Create New Golden Questions al What Additional Documents to Sand LEASE NO. GS-I0P.LAK01482, PAGE 24 LESSOR:_GOVERNMENT: GSA FORM L202(05116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 80 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 81 of 367 d) To arm and Sign two Signature Forms (Certification That My Answers Aro Two) a) To complete Me submission process, press the 'Release /Request Transmit to the Agency' and exit Me process 0 Where to Send. The Lessor must ensure prompt Input, and timely receipt of the following, from than mntradorlpersannel: a) TWO FBI Fingerprint Cards (Forth FO -258) or one card produced by a Ilvescan device, b) Certification That My Answers Aro True c) Authodxation for Release of Information. D. The Lessor must emaum the contracting officer (or the contracting officers designated representative) has all of the requested documentation to ensure the completion of the Investigation. E. Based on the Information furnished, the Government will conduct background Investigations of the employees. The contracting officer will advise the Lessor in writing If an employee fails the Investigation, and, effective Immediately, the employee will no longer be allowed to work or be assigned to work In the Government's space. F. Throughout the life of the lease, the Lessor shall provide the some data for any now employees, contractors, or subcontractors who "it be assigned to the Government's spam. In the event Me Lessors contractor or subcontractor Is subsequently replaced, the new contractor ar subcontractor Is not required to submit another am of these forma for employees who were Geared through Mia process while employed by the former contractor or subcontractor. The Lessor shall resubmit Fan FD 258 and Standard Form 85P for every employee covered by able paragraph on a 5 year basis. G. The Lessor shall Ina" this paragraph In all subcontracts when Me subcontractor Is required to have physical access to a federally controlled facility or access to a f"erel Intonation system. 6.14 SCHEDULE OF PERIODIC SERVICES (JUN 2012) Whin 60 days after occupancy by the Government, the Lessor shall pmvde Me LCO with a detailed written sohedula of all periodic services am maintenance, Including a preventive matntemanm schedule. 6.15 LANDSCAPING (SUCCEEDING) (JUN 2012) A. Landscape management practices shall prevent pollution by 1. Employing practices which avoid or minimize the need far lemlizers and pesticides; 2. Prohibitin Me use of the 2,4-Dictdomphenoxyemtic Acid (2.4.0) herbicide and organophosphates; and 3. Compmtinglrecyding all yard waste d available In Kodak. B. The Lessor shall use landscaping products with recycled content as required by EPA's CPG Guidelines for landscaping products. Refer to EPi CPG web site, wwwspa oov/cos. 6.16 LANDSCAPE MAINTENANCE (APR 2011) Landscape maintenance shalt be performed during the growing season and shall consist of watering, working, mowing, and policing the area to keep It free of debts. Pruning and fertilization shall be clone on an es -needed basis, In addition, dead, dying. or damaged plants shall be replaced. 6.17 RECYCUNG(JUN 2012) A. For Leases greater than 10,000 rentable SF, with a Leese tens greater than six months, the Lessor shall establish a recycling program for (a1 a minimum) paper, corrugated cardboard, glass, plastlm, and metals wham local markels for recovered materials exist. B. More state or local law, code, or ordinance requires recycling programa for the Premises, Lessor "all comply with such state and/or local law, cotle, or dum. C. When Implementing any recycling program, the Lasses shall provide an easily accessible, appropriately ala" area (2 SF per 1,000 SF of Building gross floor area) Mat serves the Spam for the collection and storage of materials for recycling. Telecom moms are not acceptable as recycling apace. During Me Lease term, the Lessor agrees, upon request, to provide the Government with additional information concerning recycling programs maintained In the Building and In the Spam. 6.15 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) During Me lens W Me Lease, the Lessor may not establish vending facilities within the leas" Spam that will compete wffh any Randolph -Sheppard vending facilities. 6.15 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (SEP 2013) This paragraph applies to all recipients W SBU Building Information, Including, bidders, awarmes, contractors, subcontrectore, Lessors, suppliers, and manufacturers. LEASE NO. GS-IOP-LAK074B2, PAGE 26 LESSOR:_ GOVERNMENT:_ GSA FORM L202(06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 81 of 367 AGENDA ITEM #12.8. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 82 of 367 A. MARKING SBU. Contredoryeneated documents that contain Building Information must be reviewed by GSA to Idemy any SBU content before the original or any copies en disseminated to any other parties. If SBU content Is Identi0ed, tiro LCO may direct the contractor, as specified elsewhere In Nle centred, to Imprint or aft SBU document markings to the original documents and all copies, before any dlamminatien. B. AUTHORIZED RECIPIENTS, Building Information considered SBU must be Protected with amass strictly controlled and limited to Maes Individuals having a reed to know such Information. Those with a need to know may Include Fedeml, stale, and local government entities, and nangrvemment entitles engaged In Me conduct of business on behalf of or WM GSA. Nongovemmem entities may Induce architects, engineers, consumo, contactcre, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contrad or subcomact. Contractors must provide SBU Building Information when needed for Me performance of official Federal, state, and local government functions, such as for carie compliance revlewa and for the Issuance of Building permits. Public safety, entitles such as fire and utility departments may require access to SBU Building Information on a need to know basis. This paragraph must not prevent or encumber the dissemination of SBU Building information to Public safety entitles. The server roam Is the only area dandified as sensitive at this time. C. DISSEMINATION OF SBU BUILDING INFORMATION: 1. BY ELECTRONIC TRANSMISSION. Eadmnic transmission of SBU Intonation outside of the GSA firewall and network must use session (or saertwllvely file encryption). Sessions for files) must be encrypted with an approved NIST algorithm, such as Advanced Endypllon Standard (AES) or Triple Data Encryption Standard (3OES), In accordance with Federal Immmallon Processing Standards Publication (PIPS PUB) 140.2, Security Requirements for Cryptographic Modules. Encryption tools that meel FIPS 140-2 em referenced on the NIST web page found at the following URL'.bUyl/nislwvfamupz/STW=vpldmmentel4G-lil4Oindhtm. All encryption products used to satisfy the RIPS 140-2 mqulrement should have a validation mrttlute that can be vedfied at the hanllurc mot .rev/emu islSTWomvc/validabon htm1#02 (Not all vendom of security products that calm confornenm with FIPS 140-2 have validation canifical Contractors must provide SBU Building Information only to authorized representatives of elate, Federal, and local government entities and firms cunantly registered as'active" in the SAM database at hhps /Awvwsage am that have a need to know such Information. If a subcontractor Is not registered in SAM and has a need to possess SBU Building Intonation, the subcontmdor shall provide to the contactor its DUNS number or Its lax ID number and a copy of Its business license, 2BY NON -ELECTRONIC FORM OR ON PORTABLE ELECTRONIC DATA STORAGE DMCFS Portable electronic data storage devices Induce but am not limited to CDs, DVDs, and USE drives. Non-eledmNc forms of SBU Building Information Include paper documents. a. By mall, Utilize only methods of shipping that provide services formonsoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. b. In person. Contractors must provide SBU Building Information only to authorized representatives of stale, Federel, and lora) government entities and fines currently registered as -active In the SAM database that have a need to know such Information. 3, RECORD KEEPING. Contractors must maintain a list of the state, Federal, and local government entitles and the firms to which SBU is disseminated under sections C1 and C2 of this paregraph. This list must Include at a minimum a. The name of the state, Federal, or lora) government entity or firth to which SBU has been disseminated; b. The name of the Individual at the entity or firm "a is responsible for pmlading Ma SBU Building Information, with access strictly controlled and limited to Mase Individuals having a need to know such Informatlon; C. Contact Information for the nametl individual; and d. A description of the SBU Building Information pmvidad. Once work Is completed, or for Imaged Space with the submission of the as built drawings, Me contactor must coiled all lists maintained In accordance with this paragraph, Induding Mom maintained by any subcontractors and suppliers, scat submit them to the LCO. D. RETAINING SBU DOCUMENTS, SBU Building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those InthAduals having a need to know such Information. E. DESTROYING SBU BUILDING INFORMATION. SBU Building information must be desWyed such that Me marked information is tendered unreadable and incapable of being restated, or returned to Me LCO, when no longer needed, In accordance with guidelines pmvided for media sanitlzationavailableathao'.l/oro.nisi.oov/oubliotlon3fPubsTChtml#Fomnsiu. At Me Web site. locate SP 800-88, Guidelines for Media Senidzawn, available at HTTP'./ICSRC.NIST.GOVIPUBLICATIONSINISTPUBSIBW.BBINISTSPSO48 REVI.P0F.end dirk on Me file name NISTSP800- 88 REV1.pol From them, you can choose rd "Save or -Download' the file. It SBU BullEing information Is not returned to the LCO, mmmpies of accepubla destruction methods for SBU Building Information am burning or shredding hardcopy; physically ammaying parable sladmnic storage devices such as CDs, DVDs, and USB drivea; deleting and removing files from electronic recycling bine, and removing material fmm computer hard drives using a permanent-enm utility such as bit -wiping software or disk rushers. F, NOTICE OF DISPOSAL The contractor must notify the LCO Mat all SBU Building arloonallon has been destroyed, or ratumed to the LCO, by the contractor and Its subcontractors or suppliers In accordance with section (e) of this paragraph, with the exception of the convector, record copy. This nice must be submitted to the LCO at the compleden of the conned In order to recelve final payment. For Leases, this retia must be submitted! M the LCO at the completion of the Lease roam. G. INCIDENTS. All improper disclosures of SSU Building information must be reported Immediately to We LCO. a the contract provides for progress payments, the LCO may withhold approval of program payments until the contractor provitles a corrective action plan explaining how the LEASE N0. 0S•10P-LAK07482, PAGE 26 LESSOR:_ GOVERNMENT: GSA FORM L2 0 2 10 611 6) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 82 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 83 of 367 mntractorwill prevent future Improper disdosums of SBU Building Information. Progress payments may also be withheld for failum to comply with any provision in this paragraph until the convector provides a corrective action plan explaining hex the contractor will rectify any noncompliance and comply with the paragraph In the future. H. SUBCONTRACTS. The Contractor must Insert the substance of Nis pamgmph In all subcontracts. 6.20 INDOOR AIR QUALITY (SEP 3013) A. The Lessor shall control contaminants at Me source andlor operate Me Space In such a manner that the GSA Indicator levels for carbon mongdde (CO), carbon dioxide (CO2), and formaldehyde (HCHO) am not exceeded. The Indicator levels for oltice areas shall be: CO g ppm time weighted average (TWA B hour sample); 0021,000 ppm (TWA); HCHO 0.1 ppm (TWA). B. The Lessor shall make a reasonable attempt to apply Insecticides, paints, glues, adhesives, and HVAC system cleaning compounds with highly volatile or Irritating organic compounds, outside of worldng hours. Except In an emergency, the Lessor shall provide at least 72 house advance notice to the Government before applying nodous chemicals In occupied Spaces and shall adequately ventilate those Spaces during and after application. C. The Lessor shall promptly Investigate Indoor air quality (IAO) complaints and shall implement the necessary controls to address the complaint. D. The Government reserves the right to conduct Independent IAO assessments and detailed studies In Spam that It occuples, as well as In spaca serving the Spam le.d., common use areas, mechanical mama HVAC systems, ek.). The Lessor shall assist the Government In its assessments and detailed studies by. I . Making available Information on Building operations and Lessor activities; 2. providing access to Spam for assessment and testing. k required; and 3. Implementing corrective measures required by the LCO. E. The Lessor shall provide to the Government material safety data sheets (MSDS) upon request for the following products prior to their use during the term of Me Lease: adhesives, caulking, sealants, Insulating materials, fimproofing or fireslapping mandals, paints, admin. floor and well patching or leveling materials, lubricants, clear finish for wood surfaces, Janitorial claiming products, pesticides, rodentidde , and herWeldes. The Government reserves the hght to review such products used by the Lessor within: 1. The Spew; 2, Common Building areas; 3. Ventilation systems and zones serving the Spam; and 4. The area above suspended callings and engineering spam In the same ventilation zone as the Spam. F. Where hazardous gasses or chemicals (any products with data In the Health and Safety section of Me MSDS shaki may be present or used, including large-scale copying and printing moms, segregate areas with deck -to -deck partitions with separate outside exhausting at a rata of at least 0.5 cubic feel per minute per SF, co air recirculation. The mechanical system must operate at a negative Pressure compared Win the surrounding spaces of at least an average of 5 Pa (pascal) (0.02 Inchel of water gauge) and with a minimum of 1 Pa (0.004 inches of water gauge) when the doom to the moms am dosed 6.31 RADON IN AIR(SUCCEEDINO)(SEP 2013) A. The radon concentration In the air of Me Spam shall be less than 4 picoCums per liter (pCl/L) for chicane and 25 pCI1L for all other spam, herein called -GSA salon levels.' B. INITIAL TESTING: I . The Lessor shall: a. Test for red= Nat portion of Spam wocn Is in ground contact or dosed to the ground up to and Including Me second floor above grade (Spam on the lhhd or higher floor above gentle need not be measured);. It. Report the results to the LCO upon award; and a Promptly carry out a corrective action program for any radon con entri which equals or exceeds the GSA action levels, 2. Testing sequence. The Lessor shall measure rodon by the standard mat In nun -paragraph D.1, completing the lest not later Man 150 clays after award, unless Me LCO decides that Nem Is not enough time to complete the teal prior to Leese Term Commandment Date, In which rasa the Lessor shall perform the short teat in subparagraph 0.2. C. CORRECTIVE ACTION PROGRAM: 1. Program Initiation and Procedures. a. If either the Government or the Lessor detects a melon concentration at or above the GSA action levels at any time after award or during the term of the Lease, the Lessor shall promptly carry out a correave action program which reduces the concentration to below me GSA adion levels. It, If either the Government or Me Lessor date= a radon concentration at or above the GSA action levels at any time after Government occupancy, the Lessor shall prompgy resect the use of the affected area and shall provide comparable temporary space for the tenants, as agreed to by the Government, until the Lessor comes out a prompt corrective action Program which reduces the concentration to below the GSA action levels and mrtifles the Spam for re -occupancy. LEASE NO.05-10P-LAK07462, PAGE 37 LESSOR: _ GOVERNMENT: GSA FORM UO2 (05116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 83 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 84 of 367 c. The Lessor shall provide the Government with prior wdden notice of any proposed corrective action or tenant relowuon. The Lessor shall promptly revile Me corrective anion program upon any change in Building condition or operation which would affect Me program or incame Me radon concentration to or above the GSA action levels. d. The Lessor shall perform the standard teat In sub -paragraph D.1 to assess the effectiveness of a corrective action program. The Lessor may also perform the short test In sub -paragraph D.2 to determine whether the Space may be occupied but shall begin the standard test concurrently with the short lest. e. All measures to accommodate delay M ocrcopancy, correGve action, tenant relocation, tenant ns r pancy, or follow-up measurement, shall be provided by the Lessor at no additional coat to the Government. I. If the Lessor falls to exercise due dlllgence, or Is OlharvAse unable to reduce the ration concentration promptly to below the GSA action levels, the Government may Implement a corrective action program and deduct Its costs from Me rent. D. TESTING PROCEDURES: 1. Standard Test. Place alpha track dete tors throughout the required area for 91 a more days so that each covers no more than 2,000 ABOA SF. Use only devices listed In the EPA Radon Measurement Profctency Program (RMP) application device checklists. Use a laboratory rated proficient In Me EPA RMP to analyze the devices. Submit the results and supporting data (sample location, device type, duration, mdoo measurements, laboratory proficiency unification number, and the signature of a msponalble laboratory official) within 30 days after the measurement. 2. Short To Place alpha track, detectors for at least 14 days, or charcoal canisters for 2 days to 3 day., throughout Me required area so Mal each covers no mora than 2,000 ABOA SF, Waning not later than 7 days after award. Use only devices listed In the EPA RMP application device checklists Use a laboratory rated proficient In the EPA RMP to analyze Me devicss. Submit the results and supporting data wllhin 30 days after the measurement In addition, complete the standard teal not talar than 150 days after Gavamntent occupancy. 6.22 HAZARDOUS MATERIALS ISEP 2013) A. The leased Spam shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable Federal, state, and local environmental regulations. Should Mare be reason to suspect otherwise, the Government reserves the right, at Lessors expense, to require documentation or testing to coMnn that the Spam is free of all hazardous materials. B. Lee.ar shall, to the extent of Its knowledge, notify Government of Me introdudlon of any hazardous materiels onto the Property by Lessor or others, Including but not limited to, co -tenants occupying Spam in the Building. 6.23 MOLD (SEP 2013) A. Actionable mold Is mold of types and concentrations In excess of that found In the local outdoor air. B. The Lessor shall provide Spam to the Government that is free from actionable mold and free from any conditions Mat reasonably can be anticipated to permit the growth of allmable mold or are Indicative of Me possibility Mat actionable mold will be present (Indicator). C. Al such times as the Govemmer4 may direct, Including but not limited to: after a food, water damage not mused by the Government, or repairs mused by the Lessor, the Less", at Its sole cost, expense and risk shall: (1) muse an Industrial hygienist contract by the American Board.of Industrial Hygienists or a qualified consultant (the Inspector) who, In either Instance, Is masombly acceptable W Me Government, to InspM and evaluate the Space for the presence of actionable mold or mold Indicators: and (II) muse Me Inspector to deliver Me results of Its Inspection and evaluation (the Report) to the Government within 30 days after It conducts same and, In all events, at the same time that It delivers Me Report to Lessor 1Afih the delivery of Me Report to the Government, the Inspector shall notify the Government, In "Ong via cover letter to the repos, d the Inspector discovers or suspects the existence of actionable mold or indicators in Me leased Spam. D. The presence of actionable mold In the Premises may be treated as a Casually, as determined by Me Government, In accordance with the Fire and Other Casually clause contained In Me General Olausm of this Lama, In addition to the provisions of the Fire and Other Casualty clause of MIs Lease, should a potion of the Premises be determined by the Government to be un -tenantable dus to an act of negligence by the Lessor or his agents, the Lessor shall Provide reasonably aceptable alternative Space at the Lessors expense, including the cost of moving, and any required alterations, E. If the Report indicates that actionable mold or Indicators are present in the leased Space, the Lessor, at its sole mal, expanse, and risk, shall within 30 days after its mcaipl of the Report 1) retain an expar encad mold m nsclation contractor reasonably acceptable to the Government to prepare and submit to the Government and Lessor a remediation plan (the Plan) and within 90 days after the Government's approval of the Plan, mmediam Me Wiianable mold or the Indicators in the leased Spam, but prior to commencing such remediation, Lessor shall send the Government a notice stating: (1) the date on which Me actionable mold remediation shall start and how long It Is projected to continue; (II) which portion of the leased Spam shall be subject to Me mmsdlaUon; and (1II) the mmedlatlan procedures and standards to be used to implement the Plan and the clearance mteda to be employed at Me conclusion of the mmedlatim; and 2) notify, In accordance with any applicable Federal, stale, and local health and safety requirements, the Government employees as well as all other omtpants of and visitors to the leased Spam of the nature, location and schedule for the planned renunciation and reasons therefore. F. The Lessor shall be responsible for conducting the remediation In accordance with the relevant provisions of to comment entitled 'Mold Remediation in Schools and Commercial Buildings' (EPA 402-1<41-001, Manch 2001), published by Me U.S. Environmental Protection Agency, as same may be amended or revised from time W time, and any other applimbla Federal, state, or local lewd, regulatory standards and guidelines. G. The Lessor aclmovdedges and agrees Mat the Government shall have a reasonable opportunity to rupect the based Space after conclusion of the remadialion. If Me results of Me Govemmenl's Inspection Indicate that the remediation does not comply with Ma Plan or any other applicable Federal, state, or local laws, regulatory standards or guidelines, the Lessor, at Its sole coal, expanse, and risk, shall Immediately take all fuller actions necessary to bring Me remetiation into compliance. LEASE NO. GS-IOP-LAK0748Z PAGE 26 LESSOR: —GOVERNMENT: OSA FORM L202 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 84 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 85 of 367 N. If the Lessor fails W esendsa due diligence, or Is omeWse unable to remediate Me actionable mold, the Government may Implement a corrective action program and deduct its costa from the rent. 6.24 OCCUPANT EMERGENCY PLANS(SEP 2013) The Lessor Is required to =operate, participate and comply Win the development and Implementation of the Government's Occupant Emergency Plan (OEP) and if necessary, a supplemental ShelteMn Place (SIP) Plan. Periodically, the Government may request that Me Lessor assist in reWe.ng and revising Its OEP and SIP. The Plan, among other things, must Include an annual emergency evacuation drill, emergency notification procedures for the Lessai's Building engineer or manager, Building security, local emergency personnel, and Govemment agency personnel. LEASE NO. GS-101P-LAK07482, PAGE 29 LESSOR: _GOVERNMENT: GSA FORM L202 (06116) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 85 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 86 of 367 SECTION 7 ADDITIONAL TERMS AND CONDITIONS 7.01 SECURITY STANDARDS (JUN 2012) The Lessor agrees to the requirements of Security Level 1 attached to this Lease. 5.01 SPECIAL REQUIREMENTS Replacement and Renewal and Capital Improvement Projects are defined as below and will be discussed after the GSA Faro 1217 has been submitted. Replacement and Renewal An exchange of one fixed asset for another that has the same rapauty 10 perform the same funuion. In contrast to repair, replacement and renewal generally Involves a complete Identifiable Item of minvesrnent (system component or individual components, for example motors, shafts, or switches). All replacement and renewal projects over $8000 will be funded through the Replacement and Renewal Reserve (see Exhibit E). CapltallmpmnmmentPmiada Work performed to change the interior arrangements or other physical cheracterisOcs of an existing fadlity or fixed equipment so that it can be used more etlet ively for its current designated purpose or adapted to a new use. Capital Improvement Projects also would include any new structures built to suppoh the current purpose or new use of the main faulity (for examplea Sea Water Chiller, a Haimat Building, or a warehouse/storage building). Capital Improvement Projects will not be funded through the Replacement and Renewal Reserve but .11 be funded by negotiated agreement. In the event a Replacement and Renewal and Capital improvement prompt overlap, the parties will negotiate and execute an appropriate Lease Amendment. LEASE NO. GS-10P-LAK07482, PAGE $0 LESSOR: _ GOVERNMENT: GSA FORM L202 (06115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 86 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... page 87 of 367 i f, A Iv ;ii SS 7I' j „ ii fc ryry Ai + { r. a � o I SI ! = n K f� Resolution No. FY2016-33 Approving A Lease Agreement Between... page 87 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... page 88 of 367 si u, �--- silt 11 �'at li tt. It ti n � s 0 I5 1 U 7s 11 � _ 5 tl �i. = 5 5 = a II Resolution No. FY2016-33 Approving A Lease Agreement Between... page 88 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 89 of 367 Exhibit A - Space Allocations KFRC: Net Rentable Square Footage PROPOSED OCCUPANCY Space Occuoancv Total Area Ift') Proposed NOAA space Ift'I Common (@75,3%) 12819 9648 inclusionof KI B-Putllc 75.3% NIB 21841 0 NOAH 15684 15684 Other Tenant 2970 0 Other 6053 Hid, lir,— -N,n GvnivJ Grand Total 39710 25332 PROPOSED OCCUPANCY Space Occuoa ncv USF Kill j - 7184: 3528 Common Area Fato, NOAA 15684 25332 1.615114201 Other Tenant 2970 4797 Grand Total 20838 33557 % occupancy 0.752663403 Lessor / Gov't 1 of 3 12/9/2015 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 89 of 367 AGENDA ITEM #12.8. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 90 of 367 Exhibit A - Space Allocations GSA space Propmed Room Level Room4 Area Hftrl Current Room Occupancy Room Type Room Ute ClanLcaL on temple, 2 201 506 Common Conference Conference room Common Common 2 202 20 Common Storage Conf room 5lomi Common Common 2 20] 20 Com n Storage Cpnfroom Sprage Com. on Common 2 204 161 Common Ofllce Rettp6on Common NIB 2 205 682 Orhertenant Laboratory Laboratory statement Olhertenant 2 2L4 231 romman Conference Comte. room Common cumon 2 202 1392 NOAA Laboratory L.1amisary NOAA NOAH 2 208 130 NUAA Storage Storage Common Common 2 209 406 Common lischen vr1w1 Cori Common 2 210 525 NOAH office Office NOAA NOAA 2 211 280 NOAA Offi. OIOa Ni NOAH 2 212 114 NOAA (i Office NOM NOAA 2 213 162 NOM office Office NOM NOM 2 214 ICO NOM Office Of6te NOM NOAH 2 215 100 NOM Office Office NOM NOAA 2 216 486 NOM Storage Storage NOAA NOAA 2 212 BB Common Cl Reception Common NIB 2 219 68 KIB Storage lan2m Case, Common Common 2 219 282 NOM Office office NOM NOM 2 220 104 NOAA Shares. demo supplies NOAA NOAA 2 221 213 NOAA Office Office NOAA NOM 2 222 125 Common Win room Bathroom Level Common Common 2 223 12 RIB Slvrage janitor closet Common Common 2 224 136 NOM Office OMlce NOM NOAA 2 225 136 NOAA Office Office NOAA NOAA 2 226 213 NOAA Office Office NOAH NOAA 2 227 213 NOAA Office Of 6'. NOAA NOAA 2 220 226 NOM OXlce Office NOAH NOM 2 129 213 NOM OHIu Wf¢e NOM NOAA 2 230 330 NOM Stora, IT Ronge NOM NOM 2 231 155 NOM Offe. Office NOAA NOM 2 232 155 NOM Office Ofce NOM NOAA 2 233 213 NOAH Office Office NOM NOM 2 234 213 NOM Office Office NOAA NOM 2 235 213 NOM Office Office NOAA NOM 2 236 130 Common Common Oso K'uchem Cpm mon Common ❑bnrymideo 2 232 1812 NOAA conference/Archive Library/Video conference NOM NOAH 2 238 231 Common Conference Conference Common Common 2 239 220 NOM Stonga ArcMved stooge NOAA NOM 2 240 440 NOM Laboratory M.Ooscop. lab L./hi NOM NOM 2 241 231 Common Conference Conference room Common Common 2 242 206 Common Admin Mailroom Common Common 2 243 ll1 KIB Maintenance Telecoms Common Common 2 244 169 Common Bathroom Bathroom Level Common Common 2 245 125 Other tenant Office Office otM1ertenant OtMrtenant 2 246 230 Otherimment Office Office othertment Othertenant 2 247 252 Omertenmt Office Office otM1ertenant Ol lemony 2 Level 2 NA 854 Hallway/Stair/Entryspace Hallway West wing level2 Common Common 2 Level 2 He 1552 Hallway/Stair/Entryspace Hallway East wing level Common Common 2 level2 NA 956 Public display lhallwayf Public display Public display Level Common Common 2 Level NA 119 Hallway/Stair/Entryspace Hallway Entryway Common common 2 Level NA 480 Hallway/Stair/Entryspace Sta4wel15 Stairwells Not Counted Not courted 1 101 900 OLM1ertenant Laboratory Se Ater Lab otic t nt Othertenam 1 102 451 Other tenant Laboratory Labelmor, othellsount Otheroment 1 103 120 NOM Storage Storage NOM NOAA 1 104 480 NOAA Laboratory Laboratory NOM NOM 2of3 12/9/2015 Lessor Govt Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 90 of 367 level Room tl Arm 111 1 105 275 1 106 132 1 107 609 1 308 60 1 109 15B 1 110 409 l 111 0 1 112 ea 1 113 108 1 114 220 1 115 1430 1 116 239 1 112 222 1 it. 299 1 119 165 1 120 329 1 121 320 1 122 249 1 123 420 1 124 831 1 125 190 1 126 96 1 127 95 1 120 2541 1 129 Be 1 130 Be 1 131 Be 1 132 234 I 133 97 1 134 160 1 135 42 1 136 Be 1 137 736 1 138 41 1 139 1335 NA NA NA NA NA NA NA NA 3013 GSA Space Pmpmetl Room Room Us. C!assi llafpn D[rvpanry Laboratory athertenan[ DlM1er tenant Freety Common Common 1padng tlock Common Common loatll ng tlock stooge r om Common common Stpra{e NDNO"NOAH Maintenance shop Common Common Maintewnce shop Common Common Maintenance olllce Common Common storage N00.4 NOAH Storage NOAH NOA4 HVAC Common Common Storage NOM NOgA Main Telecp icmmunatipns Cpmmpn Common Flectriol Common Common Laundry Common Common Bathroom level l Common Cpmmpn Bathmam Levell Cpmmon Common Diving Compressor pepm NDAA NDAA Gen ralm Common Common Lm6ng clock NOM NOM Ston{e NOM NDAA Shop NOM NOM fipp NEAR NOM Seawater Facility was lab NOM NDAA Cold pepm pl NOM NOM Cold Roam p2 NO" NOM Cold Roam p3 NOM NOM Sea Water Duality Control NOPA NOM Tornom cpmpp Common LabpratLaboratory,NOM NOM FlecMcal Cpm pp Com pn NMFS MInpscppe NOM NOAq Seawater Po[iliry dry lab lw/hood l NOM NOM Storage NOM NDAA Pubic display Level KIB NIB West wing level Common Common East wing level l Common Cpmmpn Stairwells Not Counted Not counted 1 Level NA 1010 1 Level NA 480 Penthouv 1 760 Penthe d.3 605 PenMoufe3 BOB Doone level 696 Boller room level 695 Watenbge rHope 695 Send Fllte n 695 Pup House Pope, ]43 39>SO Current ROOM D[[upa n[Y Room Exhibit A - Space Allocations Other tenant Labpratpry NOAq Slpra{e Common Common Use NDAA Storage NOAH Storage Common Maintenance Common Mai ntename Common 011lce NDAA Stora{e NOM Storage KIN Ma:nt m anm NOM Storage RIB Malntenan[e KIN Maintecan[e NDAA Laundry Cpmmpn Common Use Common Common U:c NOAH Shop NIB Ma'n[cnan[e NDAA Shap NDAA Smra{e NDAA Shap NDAA SM1pp Common Laboratory Common Laboratory Common Laboratory Common Laboratory Common laboratory NIB ielemm Common laboratory KIB Maintenance Common Laboratory Common Laboratory Common Storage Public tllaplay (hallway) Hallway/Stl:r/Entryspace Hallway Hallway/Stair/Entryspace Hallway Hallway/Stab/Entryspace sulrwelh KIB Maintenance NIB Maintenance NIB Maintenance KIB Seawater pstem KIB Malntenanu BOB seawater system KIB se.wnn.ytem N18 Seawater Wftem AGENDA ITEM #12.B. Not Counted Not counted Not Counted Not counted Net Coupled Nm cwn[ed Not Counted Not counted Not Counted Not counted Not Counted Not Publi[tlis play Hallway/Stl:r/Entryspace Hallway Hallway/Stair/Entryspace Hallway Hallway/Stab/Entryspace sulrwelh KIB Maintenance NIB Maintenance NIB Maintenance KIB Seawater pstem KIB Malntenanu BOB seawater system KIB se.wnn.ytem N18 Seawater Wftem AGENDA ITEM #12.B. Not Counted Not counted Not Counted Not counted Net Coupled Nm cwn[ed Not Counted Not counted Not Counted Not counted Not Counted Not counted Nm mvnlea Nm [Dvmea Net Counted Hol [ovntetl Lessor / Gov't 9/2015 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 91 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 92 of 367 Exhibit B GENERAL CLAUSES (Acquisition of Leasehold Interests In Real Property) CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE GENERAL 1 SUBLETTING AND ASSIGNMENT 2 552.270-11 SUCCESSORS BOUND 3 552.270-23 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT 4 552.270-24 STATEMENT OF LEASE 5 552.270-25 SUBSTITUTION OF TENANTAGENCY 6 552.270-28 NO WAIVER 7 INTEGRATED AGREEMENT 8 552.270-28 MUTUALITY OF OBLIGATION PERFORMANCE 9 DELIVERY AND CONDITION 10 DEFAULT BY LESSOR 11 552.270-19 PROGRESSIVE OCCUPANCY 12 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT 13 FIRE AND CASUALTY DAMAGE 14 COMPLIANCE WITH APPLICABLE LAW 15 552.270-12 ALTERATIONS 16 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY PAYMENT 17 52.204.7 SYSTEM FOR AWARD MANAGEMENT 15 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE 19 552.270.31 PROMPT PAYMENT 20 552.232.23 ASSIGNMENT OF CLAIMS 21 552.270-20 PAYMENT 22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT 24 552.270.32 COVENANT AGAINST CONTINGENT FEES 25 52.203.7 ANTI -KICKBACK PROCEDURES 28 52-223-6 DRUG-FREE WORKPLACE 27 52.203-14 DISPLAY OF HOTLINE POSTER(S) ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY 29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA 30 552.270-13 PROPOSALS FOR ADJUSTMENT 31 CHANGES AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA 33 52.215-2 AUDIT AND RECORDS—NEGOTIATION INITIALS' a LESSOR GOVERNMENT GSA FORM 35175 PAGE 1(REV W15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 92 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 93 of 367 Exhibit B DISPUTES 34 52.233-1 DISPUTES LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY 36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES 37 52.219-28 POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION 38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS 39 52.222.36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 40 52.222.37 EMPLOYMENT REPORTS VETERANS SUBCONTRACTING 41 52.209-8 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA 43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS 44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN 45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN 46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS The Information collection requirements contained in this solicitation/contract that are not required by regulation have been approved by the Office of Management and Budget (OMB) pursuant to the Papervrork Reduction Act and assigned the OMB Control No. 3090-0183. INITIALS: S LESSOR GOVERNMENT GSAFORM3517B PAGE2(REV04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 93 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 94 of 367 Exhibit B GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) 1. SUBLETTING AND ASSIGNMENT (JAN 2011) The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of Lessor, which shall not be unreasonably withheld. 2. 552.270-11 SUCCESSORS BOUND (SEP 1999) This lease shall bind, and Inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. 3. 552.270.23 SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT (SEP 1999) (a) Lessor warrants that it holds such title to or other Interest in the premises and other property as is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, In consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or Imposed upon the premises, and to any renewal, modification or extension thereof. It is the Intention of the parties that this provision shall be self -operative and that no further Instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Contracting Officer's receipt of a written demand, to execute such Instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government under this lease. (b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is not in default under this lease. Lessor will Include In any future mortgage, deed of trust or other security instrument to which this lease becomes subordinate, or In a separate non -disturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security Instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand. (c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security Instrument, or the giving of a deed In lieu of foreclosure, the Government will be deemed to have attomed to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority In time and right as if the lease had initially been entered Into between such purchasers or transferees and the Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery In lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship. (d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. INITIALS, a LESSOR GOVERNMENT GSA FORM M179 PAGE 3(REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 94 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 95 of 367 Exhibit B 4. 552.270-24 STATEMENT OF LEASE (SEP 1999) (a) The Contracting Officer will, within thirty (30) days next following the Contracting Officers receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter stating that the same is issued subject to the conditions staled in this clause and, if such Is the case, that (1) the lease is In full force and effect; (2) the date to which the rent and other charges have been paid in advance, if any; and (3) whether any notice of default has been issued. (b) Letters Issued pursuant to this clause are subject to the following conditions: (1) That they are based solely upon a reasonably diligent review of the Contracting Officers lease file as of the dale of Issuance; (2) That the Government shall not be held liable because of any defect In or condition of the premises or building; (3) That the Contracting Officer does not warrant or represent that the premises or building comply with applicable Federal, State and local law; and (4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable pre -purchase and pre -commitment Inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government officials. S. 552.270-25 SUBSTITUTION OF TENANT AGENCY (SEP 1999) The Government may, at any time and from time to time, substitute any Government agency or agencies for the Government agency or agencies, if any, named In the lease. 6. 552.270.26 NO WAIVER (SEP 1999) No failure by either party to Insist upon the strict performance of any provision of this lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach.shall constitute a walver of any such breach of such provision. 7. INTEGRATED AGREEMENT (JUN 2012) This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the Lease. Except as expressly attached to and made a part of the Lease, neither the Request for Lease Proposals nor any pre -award communications by either party shall be incorporated in the Lease. 8. 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999) The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are Interdependent. The Government may, upon Issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a breach by the Government of this lease. 9. DELIVERY AND CONDITION (JAN 2011) - (a) Unless the Government elects to have the space occupied In Increments, the space must be delivered ready for occupancy as a complete unit. INITIALS: S LESSOR GOVERNMENT GSA FORM 3517B PAGE 4(REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 95 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 96 of 367 Exhibit B (b) The Government may elect to accept the Space notwithstanding the Lassoes failure to deliver the Space substantially complete; if the Government so elects, it may reduce the rent payments. 10. DEFAULT BY LESSOR (APR 2012) (a) The following conditions shall constitute default by the Lessor, and shall give rise to the following rights and remedies for the Government: (1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure Its default, the Government may terminate the Lease an account of the Lassoes default. (2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide any Item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure Its default, the Government may perform the service, provide the Item, or obtain satisfaction of the requirement by Its own employees or contractors. If the Government elects to take such action, the Government may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of the commencement of the default condition. (3) Grounds for Terminatlon. The Government may terminate the Lease if: (1) The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or (II) The Lessor falls to take such actions as are necessary to prevent the recurrence of default conditions, and such conditions (I) or (Ii) substantially impair the safe and healthful occupancy of the Premises, or render the Space unusable for Its intended purposes. (4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide any Item, or satisfy any requirement of this Lease shall not be excused if its failure In performance arises from: (p Circumstances within the Lassoes control; (Ii) Circumstances about which the Lessor had actual or constructive knowledge prior to the Lease Award Date that could reasonably be expected to affect the Lessor's capability to perform, regardless of the Government's knowledge of such matters; (Iii) The condition of the Property; (iv) The acts or omissions of the Lessor, its employees, agents or contractors; or (v) The Lessor's inability to obtain sufficient financial resources to perform its obligations. (5) The rights and remedies specified in this clause are in addition to any and all remedies to which the Government may be entitled as a matter of law. INRIALS: 3 LESSOR GOVERNMENT GSA FORM 35175 PAGE 5(REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 96 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 97 of 367 Exhibit B 11. 552.270-19 PROGRESSIVE OCCUPANCY (SEP 1999) The Government shall have the right to elect to occupy the space in partial Increments prior to the substantial completion of the entire leased premises, and the Lessor agrees to schedule Its work so as to deliver the space Incrementally as elected by the Government. The Government shall pay rent commencing with the first business day following substantial completion of the entire leased premise unless the Government has elected to occupy the leased premises Incrementally. In was of Incremental occupancy, the Government shall pay rent pro rata upon the first business day following substantial completion of each Incremental unit. Rental payments shall become due on the first workday of the month following the month in which an Increment of space Is substantially complete, except that should an increment of space be substantially completed after the fifteenth day of the month, the payment due date will be the first workday of the second month following the month In which It was substantially complete. The commencement date of the firm lease lens will be a composite determined from all rent commencement dates. 12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2015) The Lessor shall maintain the Property, Including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this Lease, In good repair and tenantable condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that building systems have been propedy maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this Lease, including standards governing Indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after the Lease Award Dale and during the tens of the Lease, to Inspect all areas of the Property to which access is necessary for the purpose of determining the Lessors compliance with this clause. 13. FIRE AND CASUALTY DAMAGE (MAR 2013) If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this Lease shall immediately terminate. If the building In which the Premises are located are only partially destroyed or damaged, so as to render the Premises untenantable, or not usable for their Intended purpose, the Lessor shall have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the Premises within 60 days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the Lease effective as of the date of the event of destruction or damage. If the Lessor elects to repair or restore the Premises, but fails to repair or restore the Premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repalrs or restoration so as to render timely completion commercially Impracticable, the Government may terminate the Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied, rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for either party. This clause shall not apply if the event of destruction or damage Is caused by the Lessors negligence or willful misconduct 14. COMPLIANCE WITH APPLICABLE LAW (JAN 2011) Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property, Including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at Its own expense. The Government will comply with all Federal, State and local laws applicable to and enforceable against INITIALS'. 8 LESSOR GOVERNMENT GSA FORM 35178 PAGE a IREV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 97 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 98 of 367 Exhibit B it as a tenant under this lease, provided that nothing In this Lease shall be construed as a waiver of the sovereign immunity of the Government. This Lease shall be governed by Federal law. 15. 552.270.12 ALTERATIONS (SEP 1999) The Government shall have the right during the existence of this lease to make alterations, attach (Mures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions Or structures so placed In, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. If the lease contemplates that the Government is the sole Occupant of the building, for purposes of this clause, the leased premises Include the land on which the building is sited and the building itself. Otherwise, the Government shall have the right to tie Into or make any physical connection with any structure located on the property as Is reasonably necessary for appropriate utilization of the leased space. 16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (APR 2015) (a) Ten (10) working days prior to the completion of the Space, the Lessor shall Issue written notice to the Government to schedule the Inspection of the Space for acceptance. The Government shall accept the Space only If the construction of building shell and TIE conforming to this Lease and the approved OIDs is substantially complete, and a Certificate of Occupancy has been Issued as set forth below. (b) The Space shall be considered substantially complete only if the Space may be used for Its intended purpose and completion of remaining work will not unreasonably Interfere with the Government's enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to conformance of the completed Tis to the approved DIDs, with the exception of Items Identified on a punchlist generated as a result of the Inspection, concealed conditions, latent defects, or fraud, but shall not relleve the Lessor of any other Lease requirements. (c) The Lessor shall provide a valid Certificate of Occupancy, Issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not Issue Certificates Of Occupancy or If the Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an acceptable level of safety Is provided. Under such circumstances, the Government shall only accept the Space without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space Is compliant with all applicable jowl codes and ordinances and fire protection and life safety-related requirements of this Lease. 17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Definitions. As used in this provision— . 'Data Universal Numbering System (DUNS) number means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to Identify unique business entities. 'Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4 -character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4 -character suffix.) This 4 -character suffix may be assigned at the discretion of the business concem to establish additional System for Award Management records for Identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.111 for the same concern. "Registered in the System for Award Management (SAM) database" means that— NITIALS: s LESSOR GOVERNMENT GSA FORM 35176 PAGE 7(REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 98 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 99 of 367 Exhibit B (1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.141 Into the SAM database; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to Include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with Its name and address on the cover page of Its offer, the annotation "DUNS' or'DUNS +4' followed by the DUNS or DUNS +4 number that Identifies the offerors name and address exactly as staled In the offer. The DUNS numberwill be used by the Contracting Officar to verify that the offeror Is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (I) Via the Internet at htto:llfedaov.dnb.com/webfortn or if the offeror does not have Internet access, it may call Dun and Bradstreet at 1-886-705-5711 If located within the United States; or (11) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following Information: (1) Company legal business. (II) Tradeslyle, doing business, or other name by which your entity is commonly recognized. (Iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vil) Number of employees at your location. (vili) Chief executive officer/key manager. (Ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). INRIALS: S LESSOR GOVERNMENT GSAFORM 35175 PAGES(REVUMS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 99 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 100 of 367 Exhibit B (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken Into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon recelpt of this solicitation. (f) Offerors may obtain information on registration at https://www.acovisition.uov. 18. 52.204.13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definitions. As used in this clause— "Data Universal Numbering System (DUNS) number" means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. 'Data Universal Numbering System+4 (DUNS+4) number' means the DUNS number assigned by D&B plus a 4 -character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4 -character suffix.) This 4 -character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11 for the same concem. "Registered In the System for Award Management (SAM) database" means that— (1) The Contractor has entered all mandatory Information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2008 (see Subpart 4.141, into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact Sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other asslslance-related processes. It Includes— (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor -submitted annual representations and cer0fications in accordance with FAR Subpart 4.14; and INITIALS' B LESSOR GOVERNMENT GSAFORM 35178 PAGE a(REVU/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 100 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 101 of 367 Exhibit B (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or Incomplete data. To remain registered In the SAM database after the inifial registration, the Contractor is required to review and update on an annual basis, from the date of Initial registration or subsequent updates, its Information in the SAM database to ensure it is current, accurate and complete. Updating Information In the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (1) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used In performing the contract, but has not completed the necessary requirements regarding novation and change -of -name agreements In subpart 42,12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of Its intention to— (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 47.12 of the FAR; and (C) Agree In writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (li) If the Contractor fails to comply with the requirements of paragraph (c)(1)(p of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a property executed novation or change -of -name agreement, the SAM Information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect Information withln the meaning of the "Suspension of Payment' paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.0 Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, Including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be Incorrect Information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun 5 Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days atter the change, so an appropriate modification can be Issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (1) Via the Internet at httoJ/fedcov.dnb.com/webform or if the contractor does not have Internet access, it may call Dun and Bradstreet at 1-566-705-5711 if located within the United States; or (it) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional Information on registration and annual confirmation requirements at httos*//www.acauisition.gov. 19. 552.270-31 PROMPT PAYMENT (JUN 2011) ' NR ALS' 4 LESSOR GOVERNMENT GSA FORM 35178 PAGE 10 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 101 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 102 of 367 Exhibit B The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer Is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date— (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease. (I) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent Is effective. (ii) When the dale for commencement of rent falls after the 15th day of the month, the Initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent Is effective. (2) Otherpayments. The due date for making payments other than rent shall be the later of the following two events: (i) The 301h day after the designated billing office has received a proper Invoice from the Contractor. (ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the Invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a.proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (b) Invoice and inspection requirements forpayments other than rent. (1) The Contractor shall prepare and submit an Invoice to the designated billing office after completion of the work. A proper Invoice shall include the following items: (I) Name and address of the Contractor. (il) Invoice date. (III) Lease number. (iv) Government's order number or other authorization. (v) Description, price, and quantity of work or services delivered. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defecfive Invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within seven days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the seven day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the seven days will be counted beginning with receipt of a new invoice or notification. In either case, the Contractor Is not entitled to any payment or Interest unless actual acceptance by the Government occurs. INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 11 (REV 00/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 102 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 103 of 367 Exhibit B (c) Interest Penalty. (1) An Interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date. (2) The Interest penalty shall be at the rale established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 811) that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published In the Federal Register semiannually on or about January 1 and July 1. The Interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30 -day increments inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than one year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other Issues Involving contract compliance or on amounts temporarily withheld or retained In accordance with the terms of the contract. Claims Involving disputes, and any Interest that may be payable, will be resolved In accordance with the clause at 52.233-1, Disputes. (d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has otherwise overpaid on a payment, the Contractor shall— (1) Return the overpayment amount to the payment office cited in the contract along with a description of the overpayment Including the— (I) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation erors, date(s) of overpayment); (II) Affected lease number, (iii) Affected lease line item or sub -line item, If applicable; and (III) Lessor point of contact. (2) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 20. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) (Applicable to leases over $3,000.) In order to prevent confusion and delay in making payment, the Contractor shall not assign any clalme) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial Institution, Including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more Issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off. 21. 552.270.20 PAYMENT (MAY 2011) (a) When space Is offered and accepted, the amount of American National Standards Institute/Building Owners and Managers Association Once Area (ABOA) square footage delivered will be confirmed by: INMALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 12 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 103 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 104 of 367 Exhibit B (1) The Government's measurement of plans submitted by the successful Offeror as approved by the Government, and an Inspection of the space to verify that the delivered space is in conformance with such plans or (2) A mutual on-site measurement of the space, if the Contracting Officer determines that it is necessary. (b) Payment will not be made for space which is in excess of the amount of ABOA square footage stated in the lease. (c) If it Is determined that the amount of ABOA square footage actually delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the annual rental will be adjusted as follows: ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). That is: (1+CAF) x Rate per RSF = Reduction in Annual Rent 22, 52.232.33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used In this clause, the term "EFT refers to the funds transfer and may also Include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either— (I) Accept payment by check or some other mutually agreeable method of payment; or (II) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractors EFT information. The Government shall make payment to the Contractor using the EFT Information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated Information to the SAM database. (c) Mechanisms for EFTpayment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (d) Suspension of payment. If the Contractor's EFT Information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any Invoke or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an Improper invoice and delays In accrual of Interest penalties apply. ' (e) Liability for uncompleted or eroneous transfers. (1) If an uncompleted or erroneous transfer occurs bemuse the Government used the Contractors EFT information incorrectly, the Government remains responsible for— (i) Making a correct payment; INMALS'. S LESSOR GOVERNMENT GSA FORM 35179 PAGE 13 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 104 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 105 of 367 Exhibit B (il) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT Information was Incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and— (I) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner In accordance with the prompt payment terms of this contract if, in the EFT payment transaction Instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of Balms tens of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial Institution property recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, In the absence of a proper assignment of claims acceptable to the Government, Is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT/nfonnafion by financial agent The Government is not liable for errors resulting from changes to EFT Information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that Is suitable for transmission as of the dale of release of the EFT Instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and methods) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment Information to the remittance address contained in the SAM database. 23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (Applicable to leases over $5 million and performance period Is 120 days or more.) (a) Definitions. As used in this clause— 'Agent' means any Individual, Including a director, an officer, an employee, or an Independent Contractor, authorized to act on behalf of the organization. 'Full coopemtion'— (1) Means disclosure to the Government of the Information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors and Investigators' request for documents and access to employees with Information; INRIALS: a LESSOR GOVERNMENT GSA FORM 35175 PAGE 14 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 105 of 367 AGENDA ITEM #92.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 106 of 367 Exhibit B (2) Does not foreclose any Contractor rights arising In law, the FAR, or the terms of the contract. It does not require— (1) A Contractor to waive Its aftomey-client privilege or the protections afforded by the attorney work product doctrine; or (II) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from— (I) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. "Principal' means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager; head of a division or business segment; and similar positions). 'Subcontract" means any contract entered Into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. 'Subcontractor' means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. 'United States; means the 50 States, the District of Columbia, and outlying areas. (b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall— (I) Have a written code of business ethics and conduct; and (ii) Make a copy of the code available to each employee engaged in performance of the contract. (2) The Contractor shall— (I) Exercise due diligence to prevent and delecl criminal conduct; and (II) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3) (1) The Contractor shall timely disclose, In writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, In connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed— (A) A violation of Federal criminal law Involving fraud, conflict of Interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (B) A violation of the civil False Claims Act (31 U.S.C. 3729-37331. (ii) The Government, to the extent permitted by law and regulation, will safeguard and treat Information obtained pursuant to the Contractor's disclosure as confidential where the Information has been 1NrwLS: s LESSOR GOVERNMENT GSAPORM 35178 PAGE 15(REVWIS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 106 of 367 AGENDA ITEM #92.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 107 of 367 Exhibit B marked "confidential" or 'proprietary' by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii) If the violation relates to an order against a Govemmentwide acquisition contract, a multi -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement Instrument Intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply If the Contractor has represented Itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial Item as darned at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period: (1) An ongoing business ethics awareness and compliance program. (I) This program shall include reasonable steps to communicate periodically and In a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating Information appropriate to an Individual's respective roles and. responsibilities. (it) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors. (2) An Internal control system. (1) The Contractor's Internal control system shall— (A) Establish standards and procedures to facilitate timely discovery of Improper conduct In connection with Govemment contracts; and (B) Ensure corrective measures are promptly instituted and carried out. (II) At a minimum, the Contractor's Internal control system shall provide for the following: (A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and Internal control system. (B) Reasonable efforts not to Include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct. (C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including— • Monitoring and auditing to detect criminal conduct; • Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and Periodic assessment of the risk of criminal conduct, with appropriate steps to design, Implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct Identified through this process. INITIALS'. a LESSOR GOVERNMENT GSA FORM 35175 PAGE 16 (REV W15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 107 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 108 of 367 Exhibit B (D) An Internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected Instances of Improper conduct, and Instructions that encourage employees to make such reports. (E) Disciplinary action for Improper conduct or for failing to take reasonable steps to prevent or detect Improper conduct. (F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law Involving fraud, conflict of Interest, bribery, or gratuity violations found in Title 15 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract Impacted by the violation. If the violation relates to an order against a Governmentwide acquisition contract, a multi -agency contract, a multiple -award schedule contract such as the Federal Supply Schedule, or any other procurement Instrument Intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers. The disclosure requirement for an Individual contract continues until at least 3 years after final payment on the contract. • The Government will safeguard such disclosures in accordance with paragraph (b)(3)(II) of this clause. (G) Full cooperation with any Government agencies responsible for audits, Investigations, or corrective actions. (d) Subcontracts. (1) The Contractor shall Include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days. (2) In ahering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. 24. 552.270.32 COVENANT AGAINST CONTINGENT FEES (JUN 2011) (Applicable to leases over $150,000 average net annual rental including option pends.) (a) The Contractor warrants that no person or agency has been employed or retained to solicitor obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, In its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (b) Bona fide agency, as used in this clause, means an established commercial or selling agency (Including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert Improper influence to solicit or obtain Government contracts nor holds Itself out as being able to obtain any Government contract or contracts through Improper Influence. INITIALS: a LESSOR GOVERNMENT GSAFORM35178 PAGE 17(REV04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 108 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 109 of 367 Exhibit B (1) Bona fide employee, as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert Improper Influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through Improper Influence. (2) Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. (3) Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 25. 52.203.7 ANTI -KICKBACK PROCEDURES (MAY 2014) (Applicable to leases over $150,000 average net annual rental Including option periods.) (a) Definitions. 'Kickback,' as used In this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime contract. "Person," as used In this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or Individual. - 'Prime contract," as used in this clause, means a contract or contractual action entered Into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. 'Prime Contractor' as used in this clause, means a person who has entered into a prime contract with the United States. 'Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. 'Subcontract,' as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used In this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered Into in connection with such prime contract, and (2) Includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor employee; as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from— (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. INITIALS'. a LESSOR GOVERNMENT GSA FORM 35175 PAGE 18 (REV W15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 109 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 110 of 367 Exhibit IS (c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its awn operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the Inspector general of the contracting agency, the head of the contracting agency If the agency does not have an inspector general, or the Attorney General. (3) The Contractor shall cooperate fully with any Federal agency Investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United Stales under the prime contract and/or (II) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(Ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(I) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000. 26. 52.223.6 DRUG-FREE WORKPLACE (MAY 2001) (Applicable to leases over $150,000 average net annual rental including option periods, as well as to leases of any value awarded to an individual.) (a) Definitions. As used in this clause— "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 612) and as further defined in regulation at 21 CFR 1306.11 - 1308.15. "Conviction" means a finding of guilt (Including a plea of no/o contendere) or Imposition of sentence, or both, by anyjudicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. . "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the sites) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged In the performance of work under a Government contract. 'Directly engaged" Is defined to Include all direct cost employees and any other Contractor employee who has other than a minimal Impact or Involvement in contract performance. "Individual" means an Offeror/Contractor that has no more than one employee including the OfferorlContractor. (b) The Contractor, If other than an Individual, shall—within 30 days after award (unless a longer period Is agreed to In writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration— (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; INITIALS: S LESSOR GOVERNMENT GSA FORM 3517B PAGE 19 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 110 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 111 of 367 Exhibit B (2) . Establish an ongoing drug-free awareness program to Inform such employees about— (!) The dangers of drug abuse In the workplace; (ii)The Contractor's policy of maintaining a drug-free workplace; (ill) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring In the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will— (I) Abide by the terms of the statement; and (11)Notify the employer In writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days atter such conviction; (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(11) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall Include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and Including termination; or (ii)Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through Implementation of paragraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, If an Individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractors failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. 27. 52.203.14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007) (Applicable to leases over 65 Million and performance period Is 120 days or more.) (a) Definition. . 'United States; as used in this clause, means the 50 States, the District of Columbia, and outlying areas. (b) Display oftreud hotline poster(s). Except as provided In paragraph (c)— INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 20 (REV 0N15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 111 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 112 of 367 Exhibit B (1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites— (I) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster Identified In paragraph (b)(3) of this clause; and (ii) Any DHS fraud hotline poster subsequently Identified by the Contracting Officer. (2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website. (3) Any required posters may be obtained as follows: Poster(s) Obtain from (Contracting Officer shall insert— (!) Appropriate agency names) and/or title of applicable Department of Homeland Security fraud hotline poster); and (ii) The websites) or other contact Information for obtaining the poster(s).) (c) If the Contractor has Implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. (d) Subcontracts. The Contractor shall Include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract— (1) Is for the acquisition of a commercial item; or (2) Is performed entirely outside the United States. 28. 552.270.30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JUN 2011) (Applicable to leases over $150,000 average net annual rental including option periods.) (a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented In the Federal Acquisition Regulation, the Government, at its election, may— (1) Reduce the monthly rental under this lease by five percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover five percent of the rental already paid; (2) Reduce payments for alterations not Included in monthly rental payments by five percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected In the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period WTIALS' a LESSOR GOVERNMENT GSA FORM 35179 PAGE 21 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 112 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 113 of 367 Exhibit 8 determined by the agency head or designee, but not less than 30 calendar days after recelpt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease. 29. 52.215.10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011) (Applicable when cost or pricing data are required for work or services over $700,000.) (a) If any price, including profit or fee, negotiated In connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because— (1) The Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction In the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor, provided, that the actual subcontract price was not Itself affected by defective certified cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (I) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Contractor or subcontractor took no af8rrnative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset In an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if— (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 22 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 113 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 114 of 367 Exhibit B (B) The Contractor proves that the certified cost or pricing data were available before the "as of date specified on Its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such dale. (ii) An offset shall not be allowed if— (A) The understated data were known by the Contractor to be understated before the "as of" date specified on Its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the 'as or date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction In the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment Is repaid— (1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the details) of overpayment to the Contractor to the date the Government Is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. 30. 552.270.13 PROPOSALS FOR ADJUSTMENT (SEP 1999) (a) The Contracting Officer may, from time to time during the tens of this lease, require changes to be made in the work or services to be performed and in the terms or conditions of this lease. Such changes will be required under the Changes clause. (b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to be performed when the cost exceeds $100,000. The proposal, including all subcontractor work, will contain at least the following detail— (1) Material quantities and unit costs; (2) Labor costs (identified with specific item or material to be placed or operation to be performed; (3) Equipment costs; (4) Worker's compensation and public liability Insurance; (5) Overhead; (6) Profit; and (7) Employment taxes under FICA and FUTA. (c) The following Federal Acquisition Regulation (FAR) provislons also apply to all proposals exceeding $500,000 in cost— (1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing data (48 CFR 15.403-4) and (2) The Lessors representative, all Contractors, and subcontractors whose portion of the INITIALS: 8 ' LESSOR GOVERNMENT GSAFORM35178 PAGE23(REVINUIS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 114 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 115 of 367 Exhibit B work exceeds $500,000 must sign and return the "Certificate of Current Cost or Pricing Data" (48 CFR 15.406.2). (d) Lessors shall also refer to 4B CFR Part 31, Contract Cost Principles, for Information on which costs are allowable, reasonable, and allocable in Government work. 31. CHANGES (MAR 2013) (a) The LCO may at any time, by written order, direct changes to the Tenant Improvements within the Space, Building Security Requirements, or the services required under the Lease. (b) If any such change causes an increase or decrease in Lassoes costs or time required for performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the Lease providing for one or more of the following: (1) An adjustment of the delivery date; (2) An equitable adjustment In the rental rate; (3) A lump sum equitable adjustment; or (4) A change to the operating cost base, if applicable. (c) The Lessor shall assert Its right to an amendment under this clause within 30 days from the date of recelpt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed. (d) Absent a written change order fmm the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government shall not be liable to Lessor under this clause. 32. 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified In Subpart 4.7 of the Federal Acquisition Regulation (46 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to Include in all Its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (46 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor Involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract' as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 33. 52.215.2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010) (Applicable to leases over $150,000 average net annual rental Including option periods.) (a) As used In this clause, 'records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Examination of costs. If this is a cost -reimbursement, incentive, time -and -materials, labor -hour, or price re -determinable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all wiTALS. a LESSOR GOVERNMENT GSAFORM 35178 PAGE24(REV04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 115 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 116 of 367 Exhibit B records and other evidence sufficient to reflect property all costs claimed to have been incurred or anticipated to be Incurred directly or Indirectly In performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. (c) Certified cost orpdcing data. If the Contractor has been required to submit certified cost or pricing data In connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, Including computations and projections, related to— (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the contract, subcontract, or modification; or (4) Performance of the contract, subcontract or modification. (d) Comptroller General— (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor's directly pertinent records Involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions. (2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating— (1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and (2) . The data reported. (p Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified In Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition— (1) If this contract Is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. (g) The Contractor shall Insert a clause containing all the terms of this clause, Including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and— (1) That are cost -reimbursement, Incentive, time -and -materials, labor -hour, or price re -determinable type or any combination of these; (2) For which certified cost or pricing data are required; or INn1ALS: 3 LESSOR GOVERNMENT GSA FORM 3517B PAGE 25 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 116 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 117 of 367 Exhibit B (3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause. The clause may be altered only as necessary to Identify properly the contracting parties and the Contracting Officer under the Government prime contract. 34. 52.233.1 DISPUTES (MAY 2014) (a) This contract is subject to 41 U.S.0 chapter 71. Contract Disputes. (b) Except as provided in 41 U.S.0 chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) 'Claim; as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money In a sum certain, the adjustment or Interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 Is not a claim under 41 Chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted Is not a claim under 41 U.S.0 chapter 71. The submission may be converted to a claim under 41 U.S.0 chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated In this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(Iil) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to Issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: 'I certify that the claim Is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.' (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, If requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the dale by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.0 chapter 71. INOIALS', B LESSOR GOVERNMENT GSAFORM35175 PAGEM(REVDQ15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 117 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 118 of 367 Exhibit S (g) If the claim by the Contractor Is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, In writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay Interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, If that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201 interest shall be paid from the date that the Contracting Officer Initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided In the Act, which Is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pendency of the claim. (1) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. 35. 52.222-26 EQUAL OPPORTUNITY (MAR 2007) (a) Definition. `United Stales; as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or Is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value In excess of $10,000, the Contractor shall comply with this dause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide Information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational Institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, In connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 80-1.5. (2), The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to— (1) Employment; (ii) Upgrading; (iii) Demotion; (Iv) Transfer, (v) Recruitment or recruitment advertising; (vi) Layoff or termination; INITIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 27(REV "IS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 118 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 119 of 367 Exhibit B (vii) Rates of pay or other fors of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places avallable to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all intonation required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard For 100 (EEO -1), or any successor for, as prescribed in 41 CFR Part 60-1. Unless the Contractor has fled within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary fors. (8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to Inspect and copy any books, accounts, records (Including computerized records), and other material that may be relevant to the matter under investigation and Pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that Implement the Executive Order. (9) If the OFCCP determines that the Contractor Is not In compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended In whole or In part and the Contractor may be declared Ineligible for further Government contracts, under the procedures authorized In Executive Order 11248, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall Include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11248, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these tens and conditions, Including sanctions for noncompliance, provided, that If the Contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 80-1.1. 36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) INITIALS: e LESSOR GOVERNMENT GSA FORM 35178 PAGE 2B (REV DA115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 119 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 120 of 367 Exhibit B (a) 'Segregated facilities,' as used in this clause, means any waiting rooms, work areas, rest rooms and wash moms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The ten does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that It does not and will not maintain or provide for Its employees any segregated facilities at any of its establishments, and that it does not and will not permit Its employees to perform their services at any location under Its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause Is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall Include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 37. 52.219.28 POST -AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (Applicable to leases exceeding $3,000.) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, Including options. However, the term does not Include contracts that exceed five years In duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at25 .217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that Is Independently owned and operated, not dominant in the field of operation in which it Is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concem isnot dominant in Its field of operation' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, Including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, If applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to Include this clause, If the novation agreement was executed prior to Inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to Inclusion of this clause in the contract. (3) For long-term contracts— (1) Within 60 to 120 days prior to the end of the fifth year of the contract; and NITIALS: a LESSOR GOVERNMENT GSA FORM 35179 PAGE 29 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 120 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 121 of 367 Exhibit S (II) Within 80 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentalion that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http:/Awww.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture Itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all Its representations In the Representations and Certifications section of the System for Award Management (SAM) and its other data In SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified In paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications In SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentalion and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it a Is, a is not a small business concern under NAICS Cade assigned to contract number [Contractor to sign and date and insert authorized slgne/s name and title]. 38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (Applicable to leases over $100,000.) (a) Definitions. As used in this clause— "Active duty wartime or campaign badge veteran; "Armed Forces service medal veteran,' 'disabled veteran,' "protected veteran," "qualified disabled veteran," and 'recently separated veteran' have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 80-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall Insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor, The Contractor shall act as specified by the Director. Office of Federal Contract Compliance Programs, to enforce the terms, Including action for INMALS: S LESSOR GOVERNMENT GSA FORM 35178 PAGE 30 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 121 of 367 AGENDA ITEM #12"B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 122 of 367 Exhibit B noncompliance. Such necessary changes in language may be made as shall be appropriate to Identify properly the parties and their undertakings. 39. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014) (Applicable to leases over $15,000.) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014, This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance In employment qualified Individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order In excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, Including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to Identify properly the parties and their undertakings. 40. 52.222-37 EMPLOYMENT REPORTS VETERANS (JUL 2014) (Applicable to leases over $100,000.) (a) Definitions. As used in this clause, "Armed Forces service medal veteran,' "disabled veteran," active duty wartime or campaign badge veteran," and'recently separated veteran," have the meanings given in FAR 2.1301. (b) Unless the Contractor Is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on— (1) The total number of employees In the contractors workforce, by Job category and hiring location, who are disabled veterans, other protected veterans (i.e., active duty wartime or campaign badge veterans), Armed Forces service medal veterans, and recently separated veterans; (2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans (i e., active duty wartime or campaign badge veterans), Armed Forces service medal veterans, and recently separated veterans; and (3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (c) The Contractor shall report the above Items by completing the Farm VETS -1 GOA, entitled 'Federal Contractor Veterans' Employment Report (VETS -100A Report)." (d) The Contractor shall submit VETS -100A Reports no later than September 30 of each year. (e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall refiect total new hires, and maximum and minimum number of employees, during the most recent 12 -month period preceding the ending date selected for the report. Contractors may select an ending date— (1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or INITIALS' a LESSOR GOVERNMENT GSA FORM 3517B PAGE 31 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 122 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 123 of 367 Exhibit B (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO -1 (Standard Fon 100). (t) The number of veterans reported must be based on data known to the contractor when completing the VETS -100A. The contractor's knowledge of veterans status may be obtained in a variety of ways, Including an Invitation to applicants to self -Identify (in accordance with 41 CFR 60-300.42), voluntary self -disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 36 U.S.C. 4212. (g) The Contractor shall insert the terms of this clause In subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 41. 52.209.6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013) (Applicable to leases over $30,000.) (a) Definition. 'Commercially available off-the-shelf (COTS)- Item, as used in this clause— (1) Means any item of supply (Including construction material) that Is— (I) A commercial Item (as defined In paragraph (1) of the definition in FAR 2.101 ; (ii) Sold in substantial quantities In the commercial marketplace; and (Iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same torn in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined In 46 U.S.C. 40102(4), such as agricultural products and petroleum products. (b) The Government suspends or debars Contractors to protect the Government's Interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $30,000 with a Contractor that Is debarred, suspended, or proposed for debarment by any executive agency unless there Is a compelling reason to do so. (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercially available off-the-shelf Item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract; the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering Into a subcontract with a party (other than a subcontractor providing a commercially available off- the-shelf Item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for Information on the System for Award Management (SAM) Exclusions). The notice must include the following: (1) The name of the subcontractor, (2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3) The compelling reasons) for doing business with the subcontractor notwithstanding Its being listed with an exclusion In SAM. INITIALSa LESSOR GOVERNMENT GSA FORM 35178 PAGE 32 (REV WIS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 123 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 124 of 367 Exhibit B (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's Interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (e) Subcontracts. Unless this Is a contract for the acquisition of commercial items, the Contractor shall Include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), In each subcontract that— (1) Exceeds $30,000 In value; and (2) Is not a subcontract for commercially available off-the-shelf items. 42, 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010) (Applicable If over $700,000.) (a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.4034, an the date of agreement on price or the date of award, whichever Is later, or before pricing any subcontract modification Involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific Identification in writing), in accordance with FAR 15.408, Table 15-2 (to Include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used In projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403.1 applies. (b) The Contractor shall require the subcontractor to certify in substantially the forth prescribed in FAR 15.406-2 that, to the best of Its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the dale of agreement an the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of certified cost or pricing data at FAR 15.4034, when entered Into, the Contractor shall insert either— (1) The substance of this clause, inducing this paragraph (c), if paragraph (a) of this clause requires submission of certified cost or pricing data for the subcontract; or (2) The substance of the clause at FAR 52.215-13, Subcontractor Certified Cast or Pricing Data— Modifications. 43. 52.219.8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (Applicable to leases over $150,000 average net annual rental Including option periods.) (a) Definitions. As used In this contract— 'HUBZone small business concem" means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. 'Service -disabled veteran -owned small business concern'— (1) Means a small business concern— (1) Not less than 51 percent of which is owned by one or more service -disabled veterans or, in the was of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3517B PAGE 33 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 124 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 125 of 367 Exhibit B (li) The management and daily business operations of which are controlled by one or more service - disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(181. 'Small business concern' means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. 'Small disadvantaged business concern', consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (I) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking Into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.105) by individuals, who meet the criteria In paragraphs (1)(i) and (il) of this definition. "Veteran -awned small business concern" means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)1 or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and dally business operations of which are controlled by one or more veterans. 'Women -owned small business concern' means a small business concern— (1) That is at least 51 percent owned by one or more women, or, In the was of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) It is the policy of the United States that small business concerns, veteran -owned small business concems, service -disabled veteran -owned small business concems, HUBZone small business concems, small disadvantaged business concems, and women -owned small business concems shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, Including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that Its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concems, veteran -owned small business concems, service -disabled veteran -owned small business concems, HUBZone small business concems, small disadvantaged business concems, and women -owned small business concems. INITIALS: a LESSOR GOVERNMENT GSAFORM3517B PAGE34(REVa4/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 125 of 367 AGENDA ITEM #12"B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 126 of 367 Exhibit 8 (c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United Stales as may be necessary to determine the extent of the Contractors compliance with this clause. (d) (1) Contractors acting In good faith may rely on written representations by their subcontractors regarding their status as a small business concem, a veteran -owned small business concem, a service -disabled veteran -awned small business concem, a small disadvantaged business concern, or a women -owned small business concem. (2) The Contractor shall confirm that a subcontractor representing Itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concem by amassing the System for Award Management database or by contacting the SBA. Options for contacting the SBA Include— (I) HUBZone small business database search application web page at htto://dsbs.sba,cowdsbs/search/dso seamhhubzone.cfm; or htto://wwwaba.cov/hubzone; (Ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416; or (III) The SBA HUBZone Help Desk at hubzone@sba.gov. 44. 52.219.9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) ALTERNATE III (OCT 2014) (Applicable to leases over $650,000.) a) This clause does not apply to small business concems. (b) Definitions. As used In this clause— "Alaska Native Corporation (ANC)" means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the Stale of Alaska In accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601at seq.) and which Is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also Includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). "Commercial Item' means a product or service that Satisfies the definition of commercial item In section 2.101 of the Federal Acquisition Regulation. 'Commercial plan' means a subcontracting plan (including goals) that covers the offerar's fiscal year and that applies to the entire production of commercial Items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). 'Electronic Subcontracting Reporting System (eSRS)' means the Governmentwide, electronic, web -based system for small business subcontracting program reporting. The eSRS is located at htto://www.esrs.aov. NmALS. b LESSOR GOVERNMENT GSA FORM 35178 PAGE 36 (REV W15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 126 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 127 of 367 Exhibit B 'Indian tribe' means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 at seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian -owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). 'Individual contract plan' means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offerors planned subcontracting In support of the specific contract, except that Indirect costs Incurred for common orjolnt purposes may be allocated on a prorated basis to the contract. 'Master plan' means a subcontracting plan that contains all the required elements of an Individual contract plan, except goals, and may be Incorporated Into Individual contract plans, provided the master plan has been approved. 'Subcontract' means any agreement (other than one involving an employer-employee relationship) entered Into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business concerns, small disadvantaged business, and women -owned small business concems. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran -owned small business, service - disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women - owned small business concems, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror Ineligible for award of a contract. (d) The offeroft subcontracting plan shall Include the following: (1) Goals, expressed In terms of percentages of total planned subcontracting dollars, for the use of small business, veteran -awned small business, service -disabled veteran -awned small business, HUBZone small business, small disadvantaged business, and women -owned small business concems as subcontractors. The offeror shall Include all sub -contracts that contribute to contract performance, and may Include a proportionate share of products and services that are normally allocated as Indirect costs. In accordance with 43 U.S.C. 1626: (I) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concems, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe. (II) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals. (A) Inmost cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. INITIALS6 LESSOR GOVERNMENT GSA FORM 35178 PAGE 36 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 127 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 128 of 367 Exhibit B (B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors In between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. (D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor. (2) A statement of— (i) Total dollars planned to be subcontracted for an individual contract plan; or the offerors total projected sales, expressed In dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (it) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tdbes); (III) Total dollars planned to be subcontracted to veteran -owned small business concerns; (Iv) Total dollars planned to be subcontracted to service -disabled veteran -owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and (vii) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an Identification of the types planned for subcontracting to— (I) Small business concems; (II) Veteran -owned small business concerns; (Iii) Service -disabled veteran -owned small business concerns; (Iv) HUBZone small business concerns; (v) Small disadvantaged business concerns; and (vl) Women -owned small business concerns. INITIALS: S I LESSOR GOVERNMENT GSA FORM 35178 PAGE 37 (REV MHS) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 128 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 129 of 367 Exhibit B (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to Identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women -owned small business trade associations). A fine may rely on the information contained in SAM as an accurate representation of a concem's size and ownership characteristics for the purposes of maintaining a small, veteran -owned small, service -disabled veteran -owned small, HUBZone small, small disadvantaged, and women -owned small business source list. Use of SAM as Its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) In this clause. (5) A statement as to whether or not the offeror included indirect costs In establishing subcontracting goals, and a description of the method used to determine the proportionate share of Indirect costs to be incurred with— (I) Small business concerns (including ANC and Indian tribes); (ii)- Veteran -owned small business concems; - (Iii) Service -disabled veteran -awned small business concems; (iv) HUBZone small business concems; (v) Small disadvantaged business concems (including ANC and Indian tribes); and (A) Women -owned small business concems. (7) The name of the Individual employed by the offeror who will administer the offerors subcontracting program, and a description of the duties of the individual. (S) A description of the efforts the offeror will make to assure that small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concems have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will Induce the clause of this contract entitled 'Utilization of Small Business Concerns' In all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concems) that recelve subcontracts In excess of $650,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the offeror will— (I) Cooperate In any studies or surveys as may be required; INITIALS: S LESSOR GOVERNMENT GSAFORM 35178 PAGE 38 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 129 of 367 AGENDA ITEM #12.B, Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 130 of 367 Exhibit B (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (Iii) Submit Standard Form (SF) 294 Subcontracting Report for Individual Contract in accordance with paragraph (1) of this clause. Submit the Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http:/Mw .esm.gov. The reports shall provide information on subcontract awards to small business concerns (Including ANCs and Indian tribes that are not small businesses), veteran -owned small business. concerns, service -disabled veteran -owned small business concems, HUBZone small business concems, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women -owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; and (iv) Ensure that Its subcontractors with subcontracting plans agree to submit the SF 294 in accordance with paragraph (1) of this clause. Ensure that its subcontractors with subcontracting plans agree to submit the SSR In accordance with paragraph (I) of this clause using the eSRS. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a descrption of the offerors efforts to locate small business, veteran -awned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise Indicated): (i) Source lists (e.g., SAM), guides, and other data that Identify small business, veteran -owned small- business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting In an award of more than $150,000, Indicating— (A) Whether small business concems were solicited and, if not, why not; (B) Whether veteran -owned small business concerns were solicited and, if not, why not; (C) Whether service -disabled veteran -owned small business concerns were solicited and, if not, why not; 0) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women -owned small business concerns were solicited and, if not, why not; and INRIALS: a LESSOR GOVERNMENT GSA FORM 3517B PAGE 39 (REV 04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 130 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 131 of 367 Exhibit B (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact— (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women - owned small business sources; and 0) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract -by -contract basis, records to support award data submitted by the offeror to the Government, Including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (e) In order to effectively Implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concems. Where the Contractor's lists of potential small business, veteran - owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concems an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran -owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -awned small business concems in all "make -or -buy' decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran - owned small business, service -disabled veteran -owned small business, HUBZone small business, small disadvantaged business, and women -owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern Is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA. (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran -owned small business, HUBZone small, small disadvantaged, or women -owned small business for the purpose of obtaining a subcontract that is to be Included as part or all of a goal contained in the Contractor's subcontracting plan. NRIALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 40 (REV 04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 131 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 132 of 367 Exhibit B (6) For all competitive subcontracts over the simplified acquisition threshold In which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract. (I) A master plan an a plant or division -wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be Incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided— (1) The master plan has been approved; (2) The offeror ensures that the master plan Is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer, and (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth In the Individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors fumishing commercial items. The commercial plan shall relate to the offerors planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractorwith a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR In eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected In eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (I) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan. p) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terns and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, orwhen the subcontractor provides a commercial Item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled 'Utilization Of Small Business Concerns;" or (2) An approved plan required by this clause, shall be a material breach of the contract. (1) The Contractorshall submit a SF 294. The Contractor shall submit SSRS using the web -based SERE at htto.//www.esrs.00v. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by INITIALS: S LESSOR GOVERNMENT GSA FORM35178 PAGE41(REVa4n5) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 132 of 367 AGENDA ITEM #12.B. Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 133 of 367 Exhibit B prime Contractors and subcontractors shall be limited to awards made to their Immediate next -tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the U.S. or its outlying areas should be Included in these reports with the exception of subcontracts under a contract awarded by the Stale Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United Stales and Its outlying areas. (1) SF 294. This report is not required for commercial plans. The report Is required for each contract containing an Individual subcontract plan. For prime contractors the report shall be submitted to the contracting officer, or as specified elsewhere in this contract. In the case of a subcontract with a subcontracting plan, the report shall be submitted to the entity that awarded the subcontract. (i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. (it) When a subcontrecting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal Inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (2) SSR. (I) Reports submitted under Individual contract plans— (A) This report encompasses all subcontrecting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If a prime Contractor and/or subcontractor is perfonning work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DOD, a consolidated report shall be submitted for all contracts awarded by military departmentslagencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DOD component. (D) For DOD and NASA, the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve-month period ending September 30. Reports are due 30 days after the Gose of each reporting period. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. INMALS: a LESSOR GOVERNMENT GSA FORM 35178 PAGE 42(REV W/15) Resolution No. FY2O16-33 Approving A Lease Agreement Between... Page 133 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 134 of 367 Exhibit B (F) The authority to acknowledge or reject SSRs In the eSRS, including SERE submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise In the contract. (it) Reports submitted under a commercial plan— (A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial Items were received. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. 45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over 6650,000.) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used In this clause, means a willful or Intentional failure to perform In accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled 'Small Business Subcontracting Plan; or willful or Intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, If a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has falled to meet its subcontracting goals and the Contracting Officer decides In accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established In accordance with the clause In this contract entitled "Small Business Subcontracting Plan;' the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractors failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c ) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final debislon to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. , (e) The Contractor shall have the right of appeal, under the clause In this contract entitled, Disputes, from any final decision of the Contracting Officer. INITIALS. Is LESSOR GOVERNMENT GSA FORM 35178 PAGE 43 (REV W15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 134 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 135 of 367 Exhibit B (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 46 52,204.10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2013) (Applicable If over $25,000.) (a) Definitions. As used in this clause: 'Executive' means officers, managing partners, or any other employees in management positions. "First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not Include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts andlor the costs of which are normally applied to a Contractor's general and administrative expenses or indirect casts. 'Months of award' means the month In which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. 'Total compensation' means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (far more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year In accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation - Stock Compensation. (3) Earnings for services under non -equity, incentive plans. This does not Include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change In present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation which Is not tax -qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life Insurance paid an behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110.252), requires the Contractor to report Information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required Information will be made public. (c) Nothing in this clause requires the disclosure of classified information INITIALS: S LESSOR GOVERNMENT GSA FORM 35178 PAGE 44 (REV 041151 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 135 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 136 of 367 Exhibit B (d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provislon 52.204-71, the Contractor shall report the names and total compensation of each of the Ove most highly compensated executives for its preceding completed Oscal year, if— (I) In the Contractors preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) 825,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (il) The public does not have access to Information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 f 1 U.S.C. 78m(a). 78o(d1) or section 5104 of the Internal Revenue Code of 1988. (To determine if the public has access to the compensation Information, see the U.S. Security and Exchange Commission total compensation filings at htto://www.sec.00v/answemlexecomp.htm.) (2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided In paragraph (h) of this clause, by the end of the month following the month of award of a first-tler subcontract with a value of $25,000 or more, the Contractor shall report the following Information at hho:/wwww.fsrs.cov for that first-Oer subcontract. (The Contractor shall follow the instructions at hho://w .fsm.gov to report the data.) (i) Unique Identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (II) Name of the subcontractor. (Iii) Amount of the subcontract award. (Iv) Date of the subcontract award. (v) A description of the products or services (Including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractors physical address Including street address, city, state, and country. Also Include the nine -digit zip code and congressional district. (vlll) Subcontractors primary performance location Including street address, city, state, and country. Also Include the nine -digit zip code and congressional district. (Ix) The prime contract number, and order number If applicable. (x) Awarding agency name and code. (YJ) Funding agency name and code. (xi) Government contracting office code. (xlii) Treasury account symbol (TAS) as reported In FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). INRIALS: a LESSOR GOVERNMENT GSAFORM 35178 PAGE45(REVU/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 136 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 137 of 367 Exhibit B (3) Executive compensatioin of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at httoi/www.fsm.cov , If— (I) In the subcontractor's preceding fiscal year, the subcontractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other farms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgranls), cooperative agreements, and other fortes of Federal financial assistance; and (Ii) The public does not have access to Information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 8104 of the Internal Revenue Code of 1988. (To determine If the public has access to the compensation Information, see the U.S. Security and Exchange Commission total compensation filings at hftp:t/www.sec.gov/answers/exemmp.htm.) (e) The Contractor shall not split or break down first-tier subcontract awards to a valueless than $25,000 to avoid the reporting requirements in paragraph (d). (f) The Contractor is required to report Information an a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor Is not required to make further reports after the first-tier subcontract expires. (g) (1) If the Contractor in the previous tax year had gross Income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross Income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at hhpJAvww.fsrs.0ov will be prepopulated with some Information from SAM and FPDS databases. If FPDS Information is incorrect, the contractor should notify the contracting officer. If the SAM database Information Is Incorrect, the contractor Is responsible for correcting this information. INITIALS'. a LESSOR GOVERNMENT GSA FORM35175 PAGE48(REVa4/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 137 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 138 of 367 Exhibit C REPRESENTATIONS AND CERTIFICATIONS Request for Lease Dated (Acquisition of Leasehold Interests in Real Property) Proposals Number $AK0353 Complete appropdate boxes, sign the fomr, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE., The "Offeror,"as used on this form, Is the owner of the property offered not an individual or agent representing the owner. 1. 52.218.1 -SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) (a) Definitions. As used in this provision— "Economically disadvantaged women -owned small business (EDWOSB) concem" means a small business concem that Is at least 51 percent directly and unconditionally owned by, and the management and dally business operations of which are controlled by, one or more the United States disadvantaged in women who are citizens of and who are economically accordance with 13 CFR part 127. It automatically qualifies as a women -owned small business concem eligible under the WOSB Program. 'Service -disabled veteran -owned small business concem"— (1) Means a small business concem— (1) Not less than 51 percent of which is owned by one or more service -disabled veterans or, In the case of anyy publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and dally business operations of which are controlled by one or more service -disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service -disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that Is service -connected, as defined in 38 U.S.C. 101(18). 'Small business concem" means a concem, including its affiliates, that is Independently owned and operated, not dominant in the field of operation in which it Is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision. "Small disadvantaged business concem; consistent with 13 CFR 124.1002, means a small business concem under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (I) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not $750,000 taking Into the exceeding after account applicable exclusions set forth 13 CFR 124.104(c)(2); at and (2) The management and dally business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. INITIALS' 6 LESSOR GOVERNMENT GSAFORM351SPAGE I (REV0412015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 138 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 139 of 367 Exhibit C "Veteran -owned small business concem" means a small business concem— (1) Not less than 51percent of which Is owned by one or more veterans (as defined business, less than at 35 U.S.C. 701(2)) or, in the case of any publicly owned not 51 the is tl by percent of stock of which owns one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women -owned small business concern' means a small business concem— (1) That is at least 51 percent owned by one or more women; or, In the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women -owned small business (WOSB) concern allglble under the WOSS Program" (In accordance with 13 CFR part 127), means a small buslness concern that is at least 51 percent directly and unconditional)y owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) The North American Industry Classification System (NAICS) code for this acquisition Is– 531120, unless the real property is self -storage (#531130), land (#531180), or residential (#531110). (2) The small business size standard is $38.5 Million In annual average gross revenue of the concern for the last 3 fiscal years. (3) The small business size standard for a concern which submits an offer In Its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not Itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of Its offer that it [ ] Is, [ ] Is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, t ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ] is not a women -awned small business concem. (4) Women -owned small business (WOES) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women -owned small business concern Inparagraph (c)(3) of this prevision.] The offeror represents as part of its offer that— (p It ( ] is, [t is not a WOSS concern eligible under the WOSB Program, has provided all the required documents to the WOSS Repository, and no change In circumstances or adverse decisions have been issued that affects Its eligibility; and (ii) itis, [ ] is not a joint venture that complies with the reVVyVyuirements of 13 CFR part 127, and the representation in paragraph (c)(41(i) of this provision is for WOSB le the W SB Program accurate each concern eligi under participating in the joint venture. [The orferor shall enter the name or names of the WON concem eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3518 PAGE 2(REV 0412015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 139 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 140 of 367 Exhibit C WOSB concem eligible under the WOSB Program articipating in the joint the VOSB venture shall submit a separate signed copy of representation. (5) Economically disadvantaged women -owned small business (EDWOSB) concem. (Complete only if the offeror represented itself as a women -owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that— (1) It [ ] Is, [1 is not an EDWOSB concern eligible under the WOSS Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects Its eligibility; and (11) ItIs, [ ] is not a joint venture that complies with the reqquirements of 13 C 127, the In this part and representation paragraph (c)(5)(1) of provision Is accurate for each EDWOSB concern participating In the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the/oint venture. .] Each EDWOSB Pn the a concern articipabng joint venture shall su mTt the EDWOSB separate signed copy of representation. (6) [Complete only if the offeror represented itself as a small business concern in am (c�(1) of this provision.] The offeror represents as part of its offer that it ]u s, ` ]L s not a veteran -owned small business concern. fl (7)(Complete only If the offeror represented itself as a veteran -owned small business concern in paragraph (c)(6) of this provision. The offeror represents as part of its offer that it [ ] Is, [ ] Is not a service -disable veteran -awned small business concern. (6) [Complete only If the offerorrepresented itself as a small business concern in pparagraph (c)(1) of this provision.] The offeror represents, as part of Its offer, that— (I) It ] is, [ ] is not a HUBZone small business concern listed, on the date of th the List Qualified HUBZone Small Business s representation, on of Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (II) It [ ] is, [ ] Is not a HUBZone joint venture that complies with the reqqulrements of 13 CFR Part 126, and the representation In paragraph (c)(8)(1) of this provision Is accurate for each HUBZone small business concern participating In the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone pint ventures ] Each HUBZone small business concern participating In the RU9Zone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If thissolicitation is for supplies and has been set aside, in whale or In part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items tote furnished. (2) Under 15 U.S.C. 645(d), anyparson who misrepresents a firm's status as a business concem that is small, HUBZone small, small disadvantaged, service - disabled veteran -owned small, economically disadvantaged women -owned small, or women -owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 6, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 6(d) for a definition of program eligibility, shall— INITIALS: & LESSOR GOVERNMENT GSA FORM 3518 PAGE 3(REV 042015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 140 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 141 of 367 Exhibit C (1) Be punished by Imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (Iii) Be ineligible for participation In programs conducted under the authority of the Act. 2. 52.204-5 - WOMEN -OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) (a) Definition. 'Women -owned business concem; as used in this provision, means a concern that Is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51percent of its stock Is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only If the offeror Is a women -owned business concern and has not represented itself as a small business concern In pare@raph (c (1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.) The offeror represents that it [ ] is a women -owned business concem. 3. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable when the estimated value of the acquisition exceeds $10,000) The Offeror represents that— (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations Indicating submission of required compliance reports, signed Ig proposed be before by OMB subcontractors, will obtained subcontract awards. (Approved under Control Number 1215-0072.) 4. 52.222.25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable when the estimated value of the acquisition exceeds $10,000) The Offeror represents that— (a) It [ ] has developed and has on file, [ ] has not deveload and does not have on file, at gy each establishment affirmative action programs required the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ 1 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215.0072.) 5. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (OCT 2013) (a) In accordance with Sections 630 and 831 of Division C of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L. 11346) none of the funds made available by the Continuing Appropriations Act, 2014 may be used to enter Into a contract action with any corporation that— INITIALS: a LESSOR GOVERNMENT GSA FORM 3519 PAGE 4(REV 04/2015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 141 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 142 of 367 Exhibit C (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the Interests of the Government, or (2) Was convicted, or had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency Is aware of the conviction, unless the agency has considered suspension or debarment of the corporation or such officer or agent and made a determination that this action Is not necessary to protect the Interests of the Government. (b) The Contractor represents that— (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law withln the preceding 24 months. S. 52.203-02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 19115) (Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition threshold) (a) The Offeror certifies that— (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Offeror or competitor relating to (1) those prices, (ii) the Intention to submit an offer, or (Ili) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or Indirectly, to any other Offeror or competitor before bid opening (In the case of a sealed bid solicitation) or contract award (In the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person In the Offemi's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not in to (a (t) through (a)( ) above; a participate any action contrary subparagraphs (2) (i) Has been authorized, In writing, to act as agent for the following principals In certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above [Insert full name of person(s) in the eror's organization responsi le or determining the prices offered in this bid or proposal, and the title of his or her position in the Offerofs organization]; INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3518 PAGE 5 (REV Na015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 142 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 143 of 367 Exhibit C (Ii) As an authorized agent, does certify that the principals named in subdivision have in (b)(2)(1) above not pparticipated, and will not participate, any action t0 through contrary subparagraphs (a)(1) (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, In action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 7. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (Applicable when the estimated value of the acquisition exceeds $100,000) (a) Definitions. As used in this provislon—'Lobbying contact' has the meaning Provided at 2 . . . 1602 8 . The terms "agency; "Influencing or attempting to influence, officer or en amp Oyee of agency,' 'person,' "reasonable compensation, and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-121. (b) Prohibition. The prohibition end exceptions contained In the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions' (52.203-121 are hereby Incorporated by reference In this provislon. (c) Certification. The offeror, by signing Its offer, hereby certifies to the best of its knowledge and belief that Federal funds have been be to for no appropriated paid or will paid any person influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract. (d) Discobbyng contact on behalf of the oR reoLo wdti� respect to uthisAcontractt,,9he have shall complete and submit, with Its offer, OMB Standard Farm LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 1352.Any person who makes an expenditure prohibited under this provis, or w o a s to file or amend the disclosure to be filed by this be to a civil of not less required or amended provision, shall subject penalty than $10,000, and not more than $100,000, for each such failure. 8. 52.209-5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition threshold) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals— (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3518 PAGE 8(REV 002015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 143 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 144 of 367 Exhibit C relating to the submission of offers; or commission of embeulemenl, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal lax laws, or receiving stolen property (If offeror checks 'have', the offeror shall also see 52.209-7, if included in this solicitation); (C) Are [ ] are not [ ] presently Indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; 0) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes In an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent If both of the following criteria apply: (i) The tax liability Is finally determined. The liability Is finally determined if It has been assessed. A liability is not finally determined if there Is a pending administrative or Judicial challenge. In the case of a judicial challenge to the liability, the liability Is not finally determined until all Judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent In making payment. A taxpayer Is delinquent If the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer Is not delinquent In cases where enforced collection action is precluded. (2) Examples. (I) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 5212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This Is not a delinquent tax because It is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. . III) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been Issued a notice under I.R.C. § 5320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This Is not a delinquent tax because It is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (III) The taxpayer has entered into an Installment agreement 1 pursuant to I.R.C. § 6159. The taxpayer is making timely INITIALS: 3 LESSOR GOVERNMENT GSAFORM351a PAGE7(REV042015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 144 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 145 of 367 Exhibit C payments and is in full compliance with the agreement terms. The taxpayer Is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 352 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal; for the purposes of this certification, means an officer, director, owner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a division or business Eau= segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Cade. (b) The Offeror shall provide Immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items Inparagraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification orprovide such additional Information as requested by the Contracting Officer may render the Offeror nomesponsible. (d) Nothing contained In the foregoing shall be construed to require establishment of a system of records In order to render, In good faith, the certification required by paragraph (a) of this The knowledge inform tion Offeror Is to that which Provision. and of an not required exceed a normally possessed by a prudent person In the ordinary course of business dealings. (e) The certification In paragraph (a) of this provision Is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminale the contract resulting from this solicitation for default. 9. 52.222-38 - COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010) By submission of Its offer, the offeror represents that, If It Is sub ed to the reportingg reqquirements of 38 U 4212 if It has any contract containing FI ral Acquisition Regulatlon clause (i.e., 52.222 . In oyment Reports on Veterans), it has submitted the most recent VETS -100A Report by that clause. 10. 52.225-20 - PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision— 'Business operations' means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. "Marginalized populations of Sudan' means— INITIALS: 3 LESSOR GOVERNMENT GSAFORM 3518PAGE S(REVU12015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 145 of 367 AGENDA ITEM #12"B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 146 of 367 Exhibit C (1) Advert affected groups In regions authorized to receive assistance under section B(c) of the Darfur Peace and Accountability Act (Pub. L. 109.344) (50 U.S.C. 1701 andel (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. "Restricted business operations' means business opperations In Sudan that include power production activities, mineral extraction activities, oil -related activities, or the production of military equlpmenl, as those terms are defined in the Sudan Accountability and Divestment Act o 20077 (Pub. L. 110-174). Restricted business operations do not Include business operations that the personas that ten Is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; S2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Contra in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or educatlion: or (e) Have been voluntarily suspended. (b) Certification. By submission of Its offer, the offeror certifies that the offeror does not conduct any restricted business operations In Sudan. 11. 52.225-25 - PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012) (a) Definitions. As used in this provision— "Person'— (1) Means— (i) A natural person; III) A corporation, business association, partnership, society, trust, financial Institution, insurer, underwriter, guarantor, and any other business orrgganization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described inparagraph (1)(li) of this definition; and (2) Does not Include a government or govemmenta entity that Is not operating as a business enterprise. "Sensitive technology'— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information In Iran; or (II) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and INITIALS: & LESSOR GOVERNMENT GSA FORM 3518 PAGE 9IREV 04/2015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 146 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 147 of 367 Exhibit C (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit ursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 . . I702(b)(3)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA 1060.state.cov. (c) Except as provided In paragraph (d) of thisprovision or if a waiver has been granted in accordance with 25.703-4, by submission of Its offer, the offeror— (1) Represents, to the best of Its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entitles or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be Imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and anyperson owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of Its officials, agents, or affiliates, the property and Interests In property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 at seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at htlo://www. treasu w. oov/ofaGtlownloadsttl l sd n. odf1. (d) Exception for trade agreements. The representation requirement of paragraph Sc)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if— includes a trade agreements notice or certification (e.g., 52.225-4, amsolicitation , 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. 12. 52.204.3 -TAXPAYER IDENTIFICATION (OCT 1999) (a) Definitions. -Common parent,' as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal Income tax returns on a consolidated basis, and of which the Offeror is a member. 'Taxpayer Identification Number (TIN); as used in this provision, means the number requ red by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All Offerors must submit the Information required In paragraphs (d through f) of this provision to comply with debt collection requirements of 31 U.S.C. 701(c) an 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and BOSOM, and implementing regulations issued by the IRS. If the resultir� contract is subject to the payment reporting regwrements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the Offeror to furnish the information may result In a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offerofs relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described In FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN. INITIALS: a LESSOR GOVERNMENT GSA FORM 3518 PAGE 10 (REV 048015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 147 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 148 of 367 Exhibit C (d) Taxpayer Identification Number(TIN). [ ] TIN: TIN has been applied for. [[[ TIN is not required because: ]1] Offeror is a nonresident alien, fcrelgn corporation, or foreign partnership that does not the have Income effectively connected with the conduct of a trade or business In the with United States and does not have an office or place of business or a fiscal paying agent In the United States; ] Offeror is an agency or instrumentality of a government E ] Offeror Is an agency or Instrumentality of the Fede Federal government (e) Type of organization. Sole proprietorship; Government entity (Federal, State, or local); Partnership; Foreign government; Corporate entity (not tax-exempt); International organization per 28 CFR 1.8049- 4; [ ] Corporate entity (tax-exempt); [ ] Other (f) Common Parent. [ ] Offeror Is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name TIN 13. 52.204-8 – DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013) (a) Definition. 'Data Universal Numbering System (DUNS) number, as used In this provision, means the 9 -digit number assigned by Dun and Bradstreet, Inc. (D&B) to Identify unique business entities, which is used as the Identification number for Federal Contractors. (b) The offeror shall enter, In the block with its name and address on the cover page of its offer, the annotation 'DUNS" or'DUNS+4' followed by the DUNS number or'DUNS+4' that Identifies the offerors name and address exactly as stated in the offer. The DUNS number Is a nlne-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4 -character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for Identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart32.111 for the same concern. (c) If the offeror does not have a DUNS number, It should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (1) Via the Internet at htIy//fedcov.dnb.comtwebform or if the offeror does not have internet access, It may call Dun and Bradstreet at 1-888-705-5711 If located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should Indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following Information: (1) Company legal business name. (li) Tradestyle, doing business, or other name by which your entity Is commonly recognized. (iii) Company physical street address, city, state and ZIP Code. (iv) Company mailing address, city, state and ZIP Code (If separate from physical). (v) Company telephone number. (vi) Date the company was started. INITIALS: & LESSOR GOVERNMENT GSAFORM3518PAGE 11 (REVr 015) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 148 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 149 of 367 Exhibit C (vii) Number of employees at your location. (01) Chief executive officer/key manager. (Ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). 14. DUNS NUMBER (JUN 2004) Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer cover page, the Offeror shall also provide Its DUNS Number as part of this submission: DUNS # 15. SYSTEM FOR AWARD MANAGEMENT (APR 2015) The System for Award Management (SAM) is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements. The Offeror must be registered in the SAM prior to Lease award, unless a later registration date is permifed by the RLP and Lease. The Offeror shall re later via the Internet at h .l/www.�am.a v. To remain active, the Offeror/Lessor is required to update or renew its registration annu' ie [ ] Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award [ ] Will Activate Registration and Submit Copy to the Government within 30 days after Lease Award (only applies to Disaster Leases using GSA Form 35170) OFFEROR OR NAME. ADDRESS (INCLUDING ZIP CODE) TELEPHONE LEGALLY AUTHORIZED NUMBER REPRESENTATIVE Signature Date INITIALS: 8 LESSOR GOVERNMENT GSA FORM 3518 PAGE 12 (REV N=5) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 149 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 150 of 367 Exhibit D ADDENDUM to the System for Award Management (SAM) Request for Lease Dated REPRESENTATIONS AND CERTIFICATIONS (Acquisitions Proposals Number of Leasehold Interests In Real Property) I 5AK0353 Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the foilowing additional Representations. NOTE., The "Offeror, "as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS (APR 2015) (a) The llIndustry ClassificationIs IC(e for 31120, 130)and#531190 $ unless he real property is #531stem )guisition or residential (#531110). (2) The small business size standard is 36.5 Million In annual average gross revenue of the concern for the last 3 fiscal years. (3) The small business size standard for a concern which submits an offer in Its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not Itself manufacture, is 500 employees. (b) The System for Award Management (SAM) Is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements. The Offeror, by signing this addendum, hereby certifies he Is registered In SAM. [ ] Registration Active and Copy Attached 2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (OCT 2013) (a) In accordance with Sections 830 and 631 of Division of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), and Section 101 of the Continuingg Appropriations Act, 2014 (Pub. L. 113-16) none of the funds made available by the Confinuing Appropriations Act 2014 may be used to enter into a contract action with any corporation that— (1) Has any unpaid Federal tax liability that has been assessed, forwhich all Judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action Is not necessary to protect the interests of the Government, or (2) Was convicted, or had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency Is aware of the conviction, unless the agency has considered suspension or debarment of the corporation or such officer or agent and made a determination that this action is not necessary to protect the interests of the Government. (b) The Contractor represents that— (1) It is [ ] is not [ J a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or GSA FORM 3516 -SAM PAGE 1 (04115) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 150 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 151 of 367 Exhibit D have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months. OFFEROR OR NAME, ADDRESS (INCLUDING ZIP CODE) TELEPHONE NUMBER LEGALLY AUTHORIZED REPRESENTATIVE SI nature Date GSA FORM 351 S -SAM PAGE 2 (04/15) Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 151 of 367 AGENDA►£t M qza. Resolution woes Approving;Lease Agreement __r. Page 152rm \\\///•....\/} |!!!!!! z/ ) §I ) In )- ... W6 w ■B J , . .. f . . ..�.!\! �\ O LU @ !w ####! §#§6##§ # �!■#####!## ¥! !) !!�-®#�§§■-§ E K� „ ¥!!!e�! CC 16 k M )} LU 2 �.,_;;/\;�;\///};/ _! E !;! U;fa 7. 711 ! „! ~finiti-mi.I\§k! I ! _! ! !! Resolution woes Approving;Lease Agreement __r. Page 152rm AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 153 of 367 d N Tj L 00 m n U=q -F, -F---- m m'o�xRGttmmmma:P d �mmw w w w w m wm v im �U sasssssas�sxasxsssxxxxxss u v7 C O q O J N Y. a S�`O `�9m&'�yR $F',$rAr �'GF dig rR g�9S9nRRN6 '�e. 6.� S !ln!mSnRFR� 0 W d E,E ..nn.mmFm -� - - - -�-�mRrFlr n n x r z 0 n N F F r F F F F m O a c$'R„.'yRR�mRRR�R�R$R�R RRRQR m w J Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 153 of 367 AGENDA ITEM #12.6. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 154 of 367 .. x X x x x x x x x X .. x x x x X x x 0 .....:e .. :: X ;E X X X $ $ s�saamammm�ar">"��s�������� s�^mm$am�ssea x���Pnm^sawess���_.s.:aaassa��sa:smc".nn ry an Dm; ap m8 i'mn 8p em Hgy99-9mSamdgy ry�. m8m m8. ...... • a v v a � a a a e� e e� e� i n n n n n n n n n n n n n n n n n n n n n n y U L �n C O A �x���a�masxas$s9gszs:.asasnsa.^sm�eN a .a��§sm��a. ns�gmd?anksaa��a�$m�'`.:�. v c 0 m w �'„R'QrrR@R'RRRRRes�000se^'g rQo�Q ns RRR�'�m Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 154 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 155 of 367 X X X X X X n X a-- de f e n T: a". O xx .e xx m x n m m n x a m ry m m n F, a v F x n m ry nry o in ry m uei, ry m w ry m m n n� ry m C "S Y m S ip m S m N uR n n �i iR u1 x a 9 n YNI h G C N s a� Y 0 Y v V 3 0 f O 0 Y 7 Y4 y H rrpp u1 q b C 1� p 1� ♦ N a�gsa�m6ma��gmsnnFxxs�a�as�:��ax�xe���m - _ma"- eegsg��4acaca�mgsss�y�g����ccaa.q�¢��:��yss �nmg� N N N W !1 N N N ry N N fI N N N N fI N CI N N N N IV N N N N N N N N N-- N N n N n N-- N n N--= ry ry N F Y •f \\! Y Y •f • f 4 r - - - - - - L U •� s��a��i;"a���o�$���a�>nmNsm�sSa�mm���e�z��i3 O Q C ° e6ee������.�.�.NNmmammmmm�m�.sam$mm&8S w 72 W ��ojej��k�SSoeg�sSjsfS" ��vo5'``�5 oyy❑s JS}�eyj8$8e��ov}.o�y5 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 155 of 367 AGENDA ITEM #12.6. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 156 of 367 S nl nln an nl n nl ^I Imp I Inn. � � I Imp I n m x i n o n m A n mX v n e n b F .F, xRR Rrrrpi�rRR�9CC��S�RN�9 ^a.ys.y �@a g�gaesa. gmg�y^yp"^yx���m�aamxgq gc c-@x.^.$msx:��x gi$:a0 U^RVBi��a iog=�mm"x�a$ ry Hry - Hrv-- Nri rINN-ry----ry Nry S m m x m n x ry RnxS Sm mmSn n>"S38 N N N N N N n n n n N N N N N r N n N r N N N N N N N N n n N w n n N rsl e=1 - V - - - - \ - - f ! f f f U U CC O r1 n C 1. n OO m q 1� a9 9IR,R Oe�?I R Ind: x��R�C� N O C agasxx�_-- mc - - rsaa- x-- ti - Re - - ?�e---— -- w W � ���� R�.� RR�yRRRR iZnrvy Rry $�ry ;?M-M",MzMt Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 156 of 367 AGENDA 7£e m£a Resolution No. R216-33Appro +g AL e a__& Between... Page 157 @a7e j 44,444E:,44444 ' ■;:■,■��:;��., !!$■!■■;■■;!§ r „ ;;;•,,�,;, §§§§!;!§!E!§![■ ■,- ■!!! „;§!■§!,=§ & ))ƒ)ƒ)ƒ(){(ƒ()§ � ) ,�;!!,■■;�; „ ; §r°7■!■■■■K■a& ) !§,•:;..._ .r§ \ \ ;ll;>I,l,■E!E! \ Resolution No. R216-33Appro +g AL e a__& Between... Page 157 @a7e AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 158 of 367 Exhibit0 GENERAL SERVICES ADMINISTRATION ISalnunON POR OPPERs sAxpv] x. srATEMEMare PUBLIC BUILDING SERVICE 13500.'5 MSaUAL (T]ST STATEMINT ]RENIPL PNEAISD.Fr] ]A. ENTIRE BULDIND iiA\I ]fl LE46ED 0Y WYi xe vma\A% i. DIALLING NAME ANDApIXiE33 INe...VM aty, Mp, AMaPeeMl MaGI\Y RMnM/ RwYM dnM ]ll PwuM DAVIS ReJM Ix MNiixY SECTION [ - 6TiMATED ANNUAL COST OF SERVIC3 AND UTILITIES FURNISHED BY 1E550R AS PARE OF RENTAL COP5I06NT10N SERVICES AND UTILITIES LESSOR'S ANNUAL COSI FOR FOR CAVERNMENT USE ONLY UI MI E6UIDI lal 1WY TS]% A. CLEANING, ]MIffOR AND/OR ALAR SBLVICE ] MARIE. 6 SVPPJEs fWu, cXuxri, O'oTS, AMC) 3 '+5 T. mxTRAcr SERVICES (wMx. w.rw,a ARM .eAMA rwner+J ]6I] 43.38 B. MFanNG e. SALARIES ] fuEL oIL N DAa CGnL ELEc 122,806 92,503 (-R- a+) iRl< IO. SYSTEM uAIMENRNLE ANp REPAIR q+al 95 C. ELECIRIW. ISI,a±? 114,021 Il. QJ0.REHT f00.11GM AND POWER (InWOlrp ehv/robJ R,REPLACEMENT VFfiWS. TUBES5TMTER6 8501 640 13. q IXi 9PELIFL EOVI uENi Il5Y5TEM MAINTENSXCE PHD REP4R(B111Mb. /I/NM.fIC) 5 137 IBM D. PLUMBING 8,328 6,291 I!. WATER (Fb NI Purya/n) (IIMUGuewpe tlbryn) In swvuEs fswp, Loweb. Niw mTmEMovq ]a 6 I SYb1EM MAINTENANCE Arv0 REPAIR � M M1 owl E MR CONDITIIX9ING 809 605 IS unLRlEs f+nWEe eliCilcYy,nmYM ei]J 19 SYSTEU MAIMErMNLE AND REPaR 9'I 33. TOTAL J'_6,6b8 2a5,8b] ['pmw Mlenv al wa.wlY m/u/emmw ewe,w mu wrvbx. uY�wl u,nlq. F. ELEVATORS 0 H. SALARIES roobeeab, MNM, «e) IEORL RO M TYPED NAME AND TITLE SIGNATURE DATE 16r6 ax rYax nry aR +01 1,519 N0. SIC. ]]R v0 G. MlSCELLANEWS ITP rn/mmr reuaweeuEnnl 153,20A 111,610 H. b/Iryb II BIIIOrq Enpnen M \S+6M WrOry Npvcwnb x) MrMnvee u.a�.,e usY.aw bow\nE�Pla,.w H. sENMTS' (wxbrmen, pueN/, me)/.RNwi) 24 Is N. BCCI.LL SECURITY TA%A10 N9RxMENB COMPENSATION INS, q -) I 0 MAINTENANCE 1 1,351 H.IAMM/ Ixc]m /IEYNr, ml 30,361 21,014 xB. OTNER (EiPbMM/ipMb/Mlrl 11471 H. TOTAL W2,3391 451561 SECTION II - ESTMATm ANNUAL COST OF OWNERSHIP FXQUSIVE OF fAPffPL CHARGES H. EAL ESTAlE TAX 8 ]O.6NLq.W MAINTENANCE AND RESERVES FOR REPLACEMENT 20690 1858!] 3t LEASE COMMISSION S. MAwOEMENI iEE 7971801 Lwol Ouu1 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 158 of 367 33. TOTAL J'_6,6b8 2a5,8b] ['pmw Mlenv al wa.wlY m/u/emmw ewe,w mu wrvbx. uY�wl u,nlq. ]i. S1ONATVRE Oi IEORL RO M TYPED NAME AND TITLE SIGNATURE DATE YA. N0. SIC. ]]R v0 ]x Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 158 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 159 of 367 SECURITY REQUIREMENTS - FACILITY SECURITY LEVEL I THESE PARAGRAPHS CONTAIN SECURITY REQUIREMENTS, AND, UNLESS INDICATED OTHERWISE, ARE TO BE PRICED AS PART OF THE BUILDING SHELL. WHERE THEY ARE IN CONFLICT WITH ANY OTHER REQUIREMENTS ON THIS LEASE, THE STRICTEST SHALL APPLY. DEFINITIONS: CRITICAL AREAS - The areas that house systems that if damaged or compromised could have significant adverse consequences for the facility, operation of the facility, or mission of the agency or its occupants and visitors. These areas may also be referred to as "limited access areas," "restricted areas," or "exclusionary zones." Critical areas do not necessarily have to be within Government -controlled space (e.g., generators, air handlers, electrical feeds which could be located outside Government -controlled space). SENSITIVE AREAS — Sensitive areas include vaults, Sensitive Compartmented Information Facilities (SCIFs), evidence rooms, war rooms, and sensitive documents areas. Sensitive areas are primarily housed within Government -controlled space. FACILITY ENTRANCES, LOBBY, COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS. FACILITY ENTRANCES AND LOBBY EMPLOYEE ACCESS CONTROL AT ENTRANCES(SHELL) The Lessor shall provide key or electronic access control for the entrance to this building. All Government employees, under this lease, shall be allowed access to the leased space (including after-hours access). COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS. PUBLIC RESTROOM ACCESS The Government reserves the right to control access to public restrooms located within the Space. SECURING CRITICAL AREAS The Lessor shall secure areas designated as Critical Areas to restrict access: Security Requirements (Level 1) (REV 4/10/13) Page 1 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 159 of 367 AGENDA ITEM #92.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 160 of 367 A. Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas. Additional controls for access to keys, keycards, and key codes shall be strictly maintained. The Lessor shall develop and maintain accurate HVAC plans and HVAC system labeling within mechanical areas. B. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access from adjacent roofs based on a Government Building Security Assessment. Roof access shall be strictly controlled through keyed locks, keycards, or similar measures. Fire and life safety egress shall be carefully reviewed when restricting roof access. C. Al a minimum, Lessor shall secure building mechanical and janitorial areas including sprinkler rooms, electrical closets, telecommunications rooms and janitor closets. VISITOR ACCESS CONTROL Entrances are open to the public during business hours. After hours, visitor entrances are secured, and have a means to verify the identity of persons requesting access prior to allowing entry into the Space. INTERIOR (GOVERNMENT SPACE) DESIGNATED ENTRANCES The Government shall have a designated main entrance. IDENTITY VERIFICATION The Government reserves the right to verify the identity of persons requesting access to the Space prior to allowing entry. FORMAL KEY CONTROL PROGRAM The Government reserves the right to implement a formal key control program. The lessor shall have a means of allowing the electronic disabling of lost or stolen access media, if electronic media is used. SITES SIGNAGE POSTING OF SIGNAGE IDENTIFYING THE SPACE AS GOVERNMENTAL Security Requirements (Level I) (REV 4/10/13) Page 2 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 160 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 161 of 367 The Lessor shall not post sign(s) or otherwise identify the facility and parking areas as a Government, or specific Government tenant, occupied facility, including during construction, without written Government approval. POSTING OF REGULATORY SIGNAGE The Government may post or request the Lessor to post regulatory, statutory and site specific signage at the direction of the Government. LANDSCAPING LANDSCAPING REQUIREMENTS Lessor shall maintain landscaping (trees, bushes, hedges, land contour, etc,) around the facility. Landscaping shall be neatly trimmed in order to minimize the opportunity for concealment of individuals and packagestcontainers. Landscaping shall not obstruct the views of security guards and CCN cameras, or interfere with lighting or IDS equipment. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN The Lessor shall separate from public access, restricted areas as designated by the Government, through the application of Crime Prevention Through Environmental Design (CPTED) principles by using trees, hedges, berms, or a combination of these or similar features, and by fences, walls, gates and other barriers, where feasible and acceptable to the Government. SECURITY SYSTEMS No requirements STRUCTURE Lessor shall provide written emergency shutdown procedures for air handlers. OPERATIONS AND ADMINISTRATION LESSOR TO WORK WITH FACILITY SECURITY COMMITTEE (FSC) The Lessor shall cooperate and work with the buildings Facility Security Committee (FSC) throughout the term of the lease. ACCESS TO BUILDING INFORMATION Security Requirements (Level I) (REV 4/10/13) Page 3 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 161 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 162 of 367 Building Information—including mechanical, electrical, vertical transport, fire and life safety, security system plans and schematics, computer automation systems, and emergency operations procedures—shall be strictly controlled. Such information shall be released to authorized personnel only, approved by the Government, by the development of an access list and controlled copy numbering. The Contracting Officer may direct that the names and locations of Government tenants not be disclosed in any publicly accessed document or record. If that is the case, the Government may request that such information not be posted in the building directory. Lessor shall have emergency plans and associated documents readily available in the event of an emergency. Security Requirements (Level 1) (REV 4/10/13) Page 4 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 162 of 367 AGENDA ITEM #12.6. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 163 of 367 GENERAL SERVICES ADMINISTRATION GSA FGp. 1217 Ila T.WI INSTRUCTIONS wP IESANTS ANNUAL COST STATEMENT GSA FORM 1217 In Script, spam Ey base, It lv IM MaMv11ell half, of GSA to MeW into ken only at ramal Charles olid are command Min famish, forms In IM mmmuah Nr from. TTEM NUMBER t 2 A. B Enter the Government false msompon on la OMn numGaL 11 avalYNe. Enter Me data that your alalenldll me prepared and Spent r Enter In Me back a mmpati lon of Me nMatle area (munpk lerem, Ea W) la the emm hWHrp. The tmlade arm shall the measurement the sty ament to the Made BNNMPemanml older dLGnl mYb MelmWe BnIsh olconMor mblacNah aPopaaMl arm Omer pttrmnent Wrmamr. W COCl. Nemaba apmlalM area forwlarnelenamlacharled Intl. Nlvmtemi dove Wampwmer arca may vary by city or by hWlangeman Bnwmeaty. Therenlade MM*ndy Mmrm a mare of nulUml suppwummmon eels Such as elevator npdea, halarg ca ndorv, am mw aervlm amu. Faonervlm area ryplwN mwae rmrmim, pntor man, Iekprom chains, emmoad castellated medrminl mon.. The remaek w..,merely does not Include smash WitlNpPo entrions aMMNrendpdM, COY, suchas efaln, efammr atm, am veMha1 Cuda Enter In we book a compWUM w Me rentaefa area m terented Mede Goramnent. Forme area. folpw Me promdure as mannedQtMm, eacwt her measurements are to hemade on,lome miner olmefodlNom xnmhlspamm the area m be rained By Me Cormorant is ml firmamed Mmu)houl the Wimp, Or the.. WaseMr. or unity Nmvhad to the GOvemment spam exceeds the cast of Me samesmilm or ullm lumshtlm Other rented space, explaln on a vapmta Meel. Far mmegmce, each pro m olepory ha bean dIvWN Into sap . Items such assmmm arta mpplo - that In, may Ix -fared On aPFlmde. Ilomver, In Me them that your ramM am net malnWned In rags Rem cmHalnM In Sectlm 1.5 Morvlh 38, the total for a major category (A MrO.gh Fl may In entered under the contrary Reard, in cautious (a) am (b) In leu of Me mucale ft .System malMeninm and retain Includes the annual mat of such Merin utllno, Inwemng cars HIM regulmm and roMm replacement coda. SECTION 11 ESTIMATED ANNUAL COST OF ONMERSHIP FJ(CLUSIVE OF CAPITAL CHARGES Nene 28 Mmugh 32 x11 he umNl In the Gommenem. deramnatlan of the far normal Sante Of the spam to be ren1N am Mal Ee cmrpsed IrmpetlNa of MCMer Serum I m mplmEb, as Orleans 5-M Gommmenl hon WJWNM andel or rammed areas. menu, the propeM by nam alk addren. =ON i ESTIMATED ANNUAL COST OF SERVICES AND UTIUTI ES The Servlet am Mites IoM In INS wmon are nOJreel In most M our reined syn retailer umMed Cy IM Committed Or the lessor CamNgy resin the SolalMon for Often andor Me pmgned mese M leM, mw eervlm and Moral to the mmMed or your a. Fort M Me rental mnYCeMm. Than enter your host coq aMmale, or Me aMual chat from the pavlom Thathe each of Mese wrvlcn am ulllms In column (2)fat the a um hNNw and In caWmm to on the area to he lamed he Me Gwemmem. If aM senlm orwlty lumMed for Me syn ranted 28 29 Il m 22 u-35 Include al applcMk real create inn Improved upon Me property Enter the mnual cq of ere, lapl,, aro other lmurvrce -Med On the nal span. Enter the annual mat olim,es. mperlW, and outside services used In reppn aMmpMenarm Of Me Wtlnp Mard.m al Mrlmrreyin ark maintenance cosh not Inked In Garton IaNva (Hearn, throttled. Ploorm, Nr Cm twTrp, am Ek aft-). TNs IncWdnmajor reptln am impose In Me nature olayrnmenl Irrmwemenl such wannual cmHmrepkm person, Shore-Ived Rem wtll ls Wher, mmpenm, elnpm, am mcdconerms Enter any time mrrMnlen heart you may Ge mpomble far due to Me GOvmmment ISMI aNm. Include administrative eaymev ped as agency inn, kyl fen, aWlYng, am whimmoln, Or hot Imlude financial Capes Sucher Income or mrynn Shea or opml>Hlon name. compkla Lesser mrifiptl-. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 163 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 164 of 367 SMALL BUSINESS SUBCONTRACTING PLAN OUTLINE MODEL) GSA provides this model as a tool to assist the contractors in completing the required subcontracting plan. It does not establish minimum requirements for an acceptable plan. The guidance reflects objectives GSA encourages contractors to adopt and include in there subcontracting plan. Portions of this sample has been adapted from the material in Appendix 9 of the Small Business Administration's Standard Operation Procedure 60 03 5, "Subcontracting Assistance Program". The Plan should cover all the facilities and services which are to be provided during the contract period. The model is not intended to replace any existing corporate plan which is more extensive. If you need assistance to locate small business sources, contact: GSA's Business Service Center at the National Capital Region on 202-708-5804. Please note that the General Services Administration has subcontracting goals of 37% for small business (SB), 60/6 for Small Disadvantaged Business (SDB), 50/6 % Women -Owned Small Business (WOSB), 3% for HUBZone Small Business (HUBZ), 5'/o for Veteran -Owned Small Business (VOB), and 3% for Service -Disabled Veteran -Owned Small Business (SDVO)) for fiscal year 2006 - 2007. (FY 08-09 Subcontracting Goals) DO NOT SUBMIT THIS PAGE AS PART OF YOUR SUBCONTRACTING PLAN. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 164 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 165 of 367 Subcontracting Plan This format is used for Real Estate Only Thefodlowing guidance outlines the tttiniunaa requirements of Section g(d) mul the Federal Acquisition Regulation (FAR) Subpart 19.7. This subcontracting plait, and subsequent antenrhnents thereto, is established to be consistent wilt fire intent and requirements 4FAR 52.219-9 This program applies to the following: Company Name: Company Address: (Typed Name) (Title) (Signature) (Date) SOLICITATION FOR OFFERS 1. Type of Plan ❑ Individual Plan All elements developed specifically for this contract and applicable for the full term of this contract, including option period. ❑ Master Plan Goals developed for this contract; all other elements standard; must be renewed every three years ❑ Commercial Plan Used when the company sells large quantities of commercial ort -the -shelf commodities to many Government agencies. Goals are negotiated on a company -wide basis. 2.0 Goals For information purposes only. FAR 19.704(x)(1) requires separate dollar & Percentage goalsforusing snmll,HUBZzone small, small disaukanaged, women -owner/ small, veteran -awned small, and service - disabled veteran -owned small business concerns as. subcontractors;and a statement of to rural dollars planned to be subcontracted m, small, lutbzome stroll, soul/ disadvantaged, wxaen-owned small, veteram- owned small, xnd service-disableil veteran -opted small business concerns. NOTE: The dollar anumutts planned for subcontracting to SB, HZSB, SDB, IVOSB, VOSB, and to SDVOSB concerns tuusi be expressed as percentages of0ie total subcontracting dollars as .shove. I Sub MODEL Real Estate Constr. 8 Sam -NCR. DOC GSNNCR. Last update'. June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 165 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 166 of 367 Subcontracting Plan This format is used for Real Estate Only GOALS -The following goals (expressed in both dollars and percentage of the total planned subcontracting dollars) are applicable to the contract awarded under the solicitation cited above. (Goals should be based on total contract dollar.) DOLLARS PERCENT (a) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100% (b) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, small veteran -owned and small service -disabled veteran - owned and small business concerns in historically underutilized business zones). (Initial Term) $ (Renewal) $ _°/s (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ °/a (Renewal) $ _% (d) Planned subcontracting to women -owned small businesses. (Initial Term) $ (Renewal) $ _°/o (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ _% (Renewal) $ % (0 Planned subcontracting to veteran -owned (Initial Term) $ _% (Renewal) $ % (g) Planned subcontracting to service -disabled veteran -owned (Initial Term) $ % (Renewal) $ _% Z Sub MODEL Real Estate Comutr. 6 Sem-NCR.DOC GSA/NCR. Last update: June 2006 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 166 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 167 of 367 Subcontracting Plan This format is used for Real Estate Only GOALS -The following goals (expressed in both dollars and percentage of the total planned subcontracting dollars) for construction and/or services are applicable to the contract awarded under the solicitation cited above. (Goals should be based on total contract dollar.) CONSTRUCTION ASPECT DOLLARS PERCENT (c) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100% (d) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, small veteran -owned and small service -disabled veteran - owned and small business concerns in historically underutilized business zones). (Initial Term) $ °/s (Renewal) $ (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ (Renewal) $ _% (d) Planned subcontracting to women -owned small businesses. (Initial Term) $ (Renewal) $ _% (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ (Renewal) $ _% (f) Planned subcontracting to veteran -owned (Initial Term) $ % (Renewal) $ _% (g) Planned subcontracting to service -disabled veteran -owned (Initial Term) $ % (Renewal) $ _% 3 Sub MODEL Real Estate Constr. 8 SeN NCR. DOC GSFMCR- Last update: June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 167 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 168 of 367 Subcontracting Plan This format is used for Real Estate Only SERVICES ASPECT DOLLARS PERCENT (a) Total planned subcontracting to all types of Business under this contract. (Initial Term) $ 100% (Renewal) $ 100% (b) Planned subcontracting to small business (including small disadvantaged businesses, women -owned small businesses, veteran owned business, service -disabled veteran -owned and small business concerns in historically underutilized business zones) (Initial Term) $ % (Renewal) $ _% (c) Planned subcontracting to small disadvantaged businesses. (Initial Term) $ _% (Renewal) $ _% (d) Planned subcontracting to women -owned small businesses. (Initial Term) $ % (Renewal) $ _% (e) Planned subcontracting to small business concerns in historically underutilized business zones (Initial Term) $ _% (Renewal) $ _% (f) Planned subcontracting to veteran -owned (Initial Term) $ % (Renewal) $ _% (g) Planned subcontracting to service -disabled veteran -awned (Initial Term) $ % (Renewal) $ _% 4 sub MODEL Real Estate Constr. 8 S., -NCR DOC GSAINCR-Last update. June 2000 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 168 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 169 of 367 Subcontracting Plan This format is used for Real Estate Only 3.0 Description of Products andlor Services For information purposes only. F f R /9.704(n)(.4) requires a description ofALL afthe principal ty pes of construction and1serrices to he subcontracted and on identification of the napes planned for .subcontracting to SB, HZSB, SDB, IVOSB, VOSB; and to SDVOSR concerns. Note: The plan will he rejected if this information is not included. (Check all that apply). Construction Aspect BUSINESS CATEGORY OR SIZE PRODUCTISERVICE NAICS LARGE SMALL BUS. SDB VVOSB HUB- ZONE VO SMALL SDVO SMALL (Attach additional sheets if necessary.) Service Aspect: q Sub MODEL Real Estate Constr. & Sew -NCR DOC GSNNCR- Last update. June 2000 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 169 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 170 of 367 Subcontracting Plan This format is used for Real Estate Only BUSINESS CATEGORY OR SIZE PRODUCT/SERVICE NAICS LARGE SMALL BUS. I SDB WOSB HUB- ZONE VO SMALL SDVO SMALL (Attach additional sheets if necessary.) Sub MODEL Real Estate Constr. 8 Sew -NOR. DOC GSNNCR. Last update'. June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 170 of 367 AGENDA ITEM #12.B. Subcontracting Plan This format its usad £ar Rea1 Estate Only 4. Provide a NARRATIVE description of the methods used to develop the subcontracting GOALS. For information only, FAR 19.704(a)(4) requires a description ofthe method used to develop the subcontracting goals; Explain the method used and state the basis rru esrahlichine your proposed goals; provide iustifiegrion tar any low goal(s); and stare how the supplies services to be subcontracted were determined (i, e, based on historical data and experience, market research, etc.). Explain how the capabilities of SB, VOSB, SOVOSS, HSB, SDA, and WOSB and the types of supplies and services to be subcontracted to them were determined. Identify any source lists used. Include attachments as needed. 5. Provide a NARRATIVE description of how you identified potential sources for solicitation purposes: For information purposes only. FAR 19.704(a)(5) requires a description of doe melba# used 10 ideadfy potential sources for solicitation purposes. Identify all source lists used in the determination. Explain what existing source lists; Central Contractor Registration (CCR) Database; veterans service organizations; the National Minority Purchasing Council Vendor Information Service; the Research and Information Division of the Minority Business Development Agency in the Department of Commerce; or SB, HSB, SDB, and WOSS trade associations, or any other resources used to identify potential sources. 7 Sub MODEL Real Estate Constr. 8 Sam -NCR. DOC GSNNCR- Last update'. June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 171 of 367 AGENDA ITEM #12.B. Subcontracting Plan This format is used for Real Estate Only 6. Indirect and Overhead Costs For information purposes only. FAR 19.704(x)(6) requires a .staleuneut as to whether or not your conepnny included indirect costs in establishing .subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with SB, HZSB, SDB, WOSB, VOSB; and SD VOSB concerns. Indirect Costs (Check one): have been included have not been included in the goals specified in within this plan. 6(a). If direct costs have been included, provide a NARRATIVE explanation of the method used in determining the proportionate share of indirect and overhead costs to be allocated as subcontracts to SB, VOSB, SDVOSB, HSB, SDB, and WOSB. 7. Program Administrator For itforentlion purposes only. FAR 19.704(a)(7) requires information about the company ennplopee who will aduninister the subcantracline pro¢rcun. Please provide die pante, title, address, telephone nunnber, far tuachine number, position witlia due corporate strnueuure, and the clinics of dial erttpdoyee. Provide alernate point of coulact respansiblefor subrontractimg PLAN. The Company Small Business Liaison Officer (SELO) who will administer the Plan is as follows: Name: Title: Position: Telephone: FAX: Address: g sub MODEL Real Estate Constr. Is Sam NCR. DOC GSNNCR. Last update: June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 172 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 173 of 367 Subcontracting Plan This format is used for Real Estate Only The Plan Administrator is required to perform the following duties and coordinate the company's activities during compliance reviews by Federal agencies. A. Developing and promoting company/division policy statements that demonstrate the company's/division's support for awarding contracts and subcontracts to small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, and service -disabled veteran -awned small business concerns. B. Developing and maintaining bidders' lists of small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, and service -disabled veteran -owned small business concerns from all possible sources. C. Ensuring periodic rotation of potential subcontractors on bidders' lists. D. Assuring that small, HUBZone small, small disadvantaged, women -owned small, veteran - owned small, and service -disabled veteran -owned small businesses are included on the bidders' list for every subcontract solicitation for products and services they are capable of providing. E. Ensuring that subcontract procurement "packages" are designed to permit the maximum possible participation of small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, and service -disabled veteran -owned small businesses. F. Reviewing subcontract solicitations to remove statements, clauses, etc. which might tend to restrict or prohibit small, HUBZone small, small disadvantaged, women -owned small, veteran - owned small, and service -disabled veteran -owned small businesses. G. Ensuring that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small, HUBZone small, small disadvantaged, women - owned small, veteran -awned small, and service -disabled veteran -owned small businesses. H. Overseeing the establishment and maintenance of contact and subcontract award records. I. Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc. J. Directly or indirectly counseling small, HUBZone small, small disadvantaged, women - owned small, veteran -owned small, and service -disabled veteran -owned small business concerns on subcontracting opportunities and how to prepare bids to the company. 9 Sut MODEL Real Estate Conti B Sam-NCR.DOC GSA/NCR. Leat update: June 3008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 173 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 174 of 367 Subcontracting Plan This format in used for Real Estate Only K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, HUBZone small, small disadvantaged, women -owned small, veteran -owned small, or service -disabled veteran -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the contractor's subcontracting plan. Small disadvantaged and HUBZone small business concerns shall provide a copy of their Small Business Administration (SBA) certification. (Each SB, WOSB, VOSB, and SDVOSB concern on record as a potential subcontractor shall complete a self - certification form stating their business size. A penalties clause for falsifying information will also be on the form according to the legal statute 15 U.S.C. 645(d). Note, the following notice will read near the business owner's signature. "NOTICE: In accordance with U.S.C. 645(d). any person who misrepresents a fine's proper size classification shall (1) be Punishable by imposition of a fine, imprisonment, or both. (2) be subiect to administrative remedies. and (3) be ineligible for Participation in Proorams conducted under the authority of the Small Business Act.") L. Conducting or arranging training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures. M. Developing and maintaining an incentive program for buyers, that supports the subcontracting program. N. Monitoring the company's performance and making any adjustments necessary to achieve the subcontract plan goals. O. Preparing and submitting timely reports. P. Other duties: NARRATIVE 10 Sub MODEL Real Estate Constr B Sery NCR DOC GSNNCR- Last update. June 2008 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 174 of 367 AGENDA ITEM #12.B. Subcontracting Plan This format is used for Real Estate Only 8. Equitable Opportunity For information purposes only. FAR 19.704(a)(8) requires a description of the efforts the contractor will make to ensure that SB, HZSB, SDB, WOSB, VOSB, and SDVOSB concerns will have an equitable opportunity to competefor subcontracts. We will make the following efforts to ensure that SB, VOSS, SDVOSB, HSB, SDB, and WOSB have an equitable opportunity to compete for subcontracts: A. Outreach efforts to obtain sources: 1. Contacting minority and small business trade associations; 2. Contacting veterans service organizations; 3. Contacting business development organizations; 4. Attending small and minority business procurement conferences and trade fairs; and 5. Using CCR. B. Internal efforts to guide and encourage purchasing personnel: 1. Presenting workshops, seminars, and training programs; 2. Establishing and maintaining SB, VOSB, SDVOSB, HSB, SDB, and WOSB source lists, guides, and other data for soliciting subcontracts; and 3. Monitoring compliance with the subcontracting plan. C. Additional efforts: NARRATIVE 9. Flow Down Clause For information purposes only. FAR 19.704(a)(9) requires that your company include FAR 52.219-8, "Utilization of Small Business Concerns "in all subcontracts that offerfurther subcontracting opportunities. Your company must require all subcontractors, except small business concerns, that receive subcontracts in excess of 5550,000 (81,000, 000 for construction) to adopt a plan that complies with the requirements of the clause at FAR 52.119-9, "Small Business Subcontracting Plan.') We will include the "Utilization of Small Business Concerns" clause in all subcontracts that offer further subcontracting opportunities. We will also require subcontractors (other than small business concerns) that receive subcontracts in excess of $550,000 ($1 million for construction of a public facility) to adopt a subcontracting plan that complies with the requirements of the clause at FAR 52.219. Small Business Subcontracting Plan. Sue MODEL Reel Estate Constr.6 Sen,-NCR.DOC GSNNCR- Last update: June 2WO Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 175 of 367 AGENDA ITEM #12.B. Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 176 of 367 Subcontracting Plan This format in used for Real Estate Only 10. Reporting and Cooperation — For information purposes only FAR 19.704 (a) (10) requires assurances that the offeror will: (1) Cooperate in any studies or surveys as may be required, (2) Submit periodic reports so that the Government can determine the extent of compliance by the offerar with the subcontracting plan; (3) submit the Individual Subcontracting Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://esrs.gov), following the instructions in the eSRS; (4) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS; (5) Provide its prime contract number and its DUNS number and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first- tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and (6) Require that each subcontractor with a subcontracting plan provide the prime contract number and its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans. These reports must be received within 30 days after the close of each calendar period. That is: Calendar Period Report Due Date Due Send Report To 10/01-03/31 ISR 04/30 contracting officer with copy to bscncr(dasa.Dov 04/01-09/30 ISR 10/30 contracting officer with copy to bscncra.gsa.Dov 10/01-09/30 SSR 10/30 contracting officer with copy to OSDBU's Janice.kevs(dgsa.Dov 11. Recordkeeping— FAR 57.219-9(r1)(11) requires a list of the types of records your company will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the subcontracting plan. These records include, but are not limited to, thejollowing: We will maintain the following types of records on a [company -wide] [division -wide] basis: A. Source lists, guides, and other data that identify SB, VOSS, SDVOSB, HSB, SDB, and WOSB; B. Records that identify organizations contacted in an attempt to locate SB, VOSS, SDVOSB, HSB, SDB, and WOSB sources; C. Records on each subcontract solicitation resulting in an award of more than $100,000 indicating: (1) whether SB were solicited, and if not, why not; (2) whether VOSS were 12 Sub MODEL Real Estate Constr. B Sam-NCR,DOC GSAMCR- Last update: June 2005 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 176 of 367 AGENDA ITEM #12.B. Subcontracting Plan This format is .sad for Real Estate Only solicited, and if not, why not; (3) whether SDVOSB were solicited, and if not, why not; (4) whether HSB were solicited, and if not, why not; (5) whether SOB were solicited, and if not, why not; (6) whether WOSB were solicited, and if not, why not; and (7) if applicable, the reason that the award was not made to a small business concern; D. Records of outreach efforts, e.g., contacts with trade associations, business development organizations, veterans service organizations; attendance at conferences and trade fairs to locate SS, HSB, SOB, and WOSB sources; E. Records of internal guidance and encouragement provided to buyers through: (1) workshops, seminars, training, etc.; and (2) monitoring performance to evaluate compliance with the program's requirements; Include the following paragraph unless you have a commercial plan. F. On a contract -by -contract basis, records to support subcontract award data including the address, and business size of each subcontractor G. Additional Records: NARRATIVE This subcontracting plan was submitted by: This subcontracting plan was submitted This subcontracting plan was accepted by: by: Signature: Signature: Typed Name: Typed Name: Title: Title: Contracting Officer Date: Date: This subcontracting plan was reviewed by: This subcontracting plan was reviewed by: Signature: Signature: Typed Name: Typed Name: Title: Small Business Technical Advisor Title: SBA PCR Date: Date. 13 Sub MODEL Real Estate Constr. 8 Sam -NCR, DOC GSAMCR. Last update'. June 70011 Resolution No. FY2016-33 Approving A Lease Agreement Between... Page 177 of 367 AGENDA ITEM #13.A.1. Kodiak Island Borough and A-1 Timber Consultants, Inc ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted. Staff has prepared a draft salvage timber sale contract for consideration by assembly. This contract has not been reviewed by the borough attorney or risk manager at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract is presented as a sole source contract with A-1 Timber Consultants, Inc. which has not been subjected to a competitive bid process. The reasoning is set forth in the attached cover memorandum and relies on the provisions of KIBC 3.30.070.8. The time remaining in which the borough may realize the full value of the damaged timber is running out in terms of practical actions that must be taken to properly harvest and reclaim borough lands. This has created an emergency under the KIBC 3.30.070.B which allows the assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. RECOMMENDED MOTION: Move to adopt Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Kodiak Island Borough Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 178 of 367 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted. Staff has prepared a draft salvage timber sale contract for consideration by assembly. This contract has not been reviewed by the borough attorney or risk manager at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract is presented as a sole source contract with A-1 Timber Consultants, Inc. which has not been subjected to a competitive bid process. The reasoning is set forth in the attached cover memorandum and relies on the provisions of KIBC 3.30.070.8. The time remaining in which the borough may realize the full value of the damaged timber is running out in terms of practical actions that must be taken to properly harvest and reclaim borough lands. This has created an emergency under the KIBC 3.30.070.B which allows the assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. RECOMMENDED MOTION: Move to adopt Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Kodiak Island Borough Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 178 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 179 of 367 Kodiak Island Borough OFFICE of the MANAGER .�S 710 Mill Hay Road, 11onm 108 Kodiak, Alaska 99615 d' Phone (907) 486-9304 Fax (907) 486-9374 E-mail ddvmak0kmlT h,k u To: Kodiak Island Borough Assembly Mayor, Jerrol Friend From: Duane Dvorak, Resource Management Officer Date: April 12, 2016 Re: KIB Contract No. FY2016-43, a Salvage Timber Sale to A -I Timber Consultants, Inc. Backeround At its March 31" regular work session, the assembly encouraged staff to negotiate a salvage timber sale contract with A -I Timber Consultants, Inc. (A-1) for its consideration at the April 21, 2016 regular meeting. Staff was also encouraged to work with representatives of the Chiniak community in this process and factor their input into the proposed contract framework. Staff also engaged the services of consultant Wade Wahrenbrock, a semi -retired state forester who is currently employed on a part-time basis as a Forester with the Kenai Peninsula Borough. He has been assisting staff to review the proposed contract and provide independent advice and guidance. The attached contract is the result of discussions between KIB, A-1 and representatives of Chiniak, along with advice and recommendations by Mr. Wahrenbrock. The bulk of these discussions have been by email and staff has provided some of the more relevant documents as background information. It is important to keep in mind that this agreement has not been reviewed by the borough attorney, risk manager, etc. at the time of this writing. With the publishing of this draft contract, it is reasonable to assume that those reviews are now underway concurrently with the assembly review. It is hoped that additional comments will arriving prior to the April 21, 2016 regular meeting. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 179 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 180 of 367 Page 2 of The proposed contract largely deals with the business and legal aspects of the relationship between KIB and A-1. The specifics of the salvage timber harvest are typically dealt with in a Detailed Plan of Operations (DPO) with regards to the location of roads, harvest techniques, equipment to be used, etc. As of this writing, staff has not seen a draft DPO to review. Therefore, staff has proposed a number of "categorical conditions" that are grouped in Appendix D of the agreement that reflect the conditions recommended by staff that were derived from community and consultant comments. The representatives of Chiniak have asked for an opportunity to review the DPO when it is ready to be considered by the KIB. Under the proposed agreement, the KIB would be allowed a maximum of 15 days to review the proposed DPO once the contract has been approved and signed. Staff believes that a 3 to 5 day public review can be accommodated within the contract as proposed. There should be latitude to make changes in the DPO to address community concerns, however this is likely to have an impact on the cost of operations and may inhibit A -I from providing a firm number on the contract. To address this, staff recommends that the KIB set aside a 10% contingency from salvage harvest proceeds to provide a source of funds to offset reasonable changes to the cost structure of operations that might be affected by community requested changes to the DPO. It should be clarified however, that the final approval of the DPO would rest with KIB staff and the other regulatory agencies identified in the Alaska Forest Resources and Practices Act. (AFRPA). This includes the Alaska Division of Forestry (DOF), Alaska. Dept. of Fish & Game (ADF&G) and the Alaska Department of Environmental Conservation (ADEC). An important point to note is the blanks left open in the draft agreement. According to A-1, that number cannot be provided until they have all the proposed contract information upon which to determine the cost to harvest and comply with all applicable regulations and contract provisions. So at the time of publishing, that information is not available. It is expected that the information will be conveyed to the assembly sometime before the April 21, 2016 regular meeting. Sole Source Determination As previously discussed by the assembly, this contract is being proposed as a sole source contract under KIBC 3.30.070.B as follows: 3.30.070 Exception to bidding requirements. 'nie requirements of this chapter relating to solicitation of competitive bids and award to the lowest responsible bidder shall not apply to:... . -B. Contracts for property or sen ims necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopardize die public health or welfare; Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 180 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 181 of 367 Page 3 ora A prominent aspect of the proposed contract language is reliance on the United States Department of Agriculture "Phytosanitary Certificate" which is issued by the Alaska Division of Agriculture. This is certificate shows that the timber is free of harmful insects and can therefore be shipped internationally to the best market destination. It is made clear in several contract sections that the contract is expressly contingent on being able to obtain this certificate. If it cannot be obtained the logs, while not valueless, are not going to be worth what this contract assumes they are worth. Within two years of the fire event it is likely that the logs will pass the test, after that time however it becomes a gamble against time and nature. As explained to staff, the certificate is only good for 30 days so the harvester does not have the sampling performed until the logs are on the dock essentially bought and paid for. If the certificate cannot be issued then the cargo cannot be shipped as planned and the logs are not going to be worth anything close to what the appraisal and A-1 have indicated. It has also been documented by the assembly that A-1 has an exclusive contract on the LASH dock which would preclude another operator from shipping timber from the KIB road system without considerable lead time. Based on the forgoing, staff believes the remaining time to reasonably harvest the timber, obtain the substantial value for the resource and successfully replant the forest is rapidly dwindling. For these reasons, staff recommends that a sole source contract for salvage timber sale be awarded to A-1 Timber Consultants, Inc. Renlanthr Mr. Wahrenbrock, and other active DOF personnel that staff has consulted with, have indicated it would be best to replant new trees within two years of the fire if it is desirable to maintain the Chiniak land as forest. Mr. Wahrenbrock described the fire event in one of his correspondences as a "thermal clearcut". Most of the perceived failures of tree replanting in the Chiniak area are due to replanting after this critical two year window. Cc: Bill Roberts, Interim Borough Manager Wade Wahrenbrock, Forestry Consultant Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 181 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 182 of 367 KODIAK ISLAND BOROUGH CONTRACT NO. FY2016-43 T07N CREEKS FIRE SALVAGE TIMBER SALE CONTRACT NEGOTIATED SALE WITH A-1 TIMBER CONSULTANTS, INC. See AS 38.05.117 & AS 39.05.118(c)(3) The Kodiak Island Borough ("SELLER" and "KIB"), under authority of KID Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and A-1 Timber Consultants, Inc. ("PURCHASER" and "A-1') does hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This Contract is effective as of April 21, 2016. TABLE OF CONTENTS 1. SUMMARY OF AGREEMENT....................................................................................................................2 2. DEFINITIONS................................................................................................................................................2 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE...............................3 4. RESERVATIONS...........................................................................................................................................4 5. RIGHTS OF ENTRY AND USE....................................................................................................................4 6. TERM OF CONTRACT....................................................................................................................:............4 7. PAYMENTS...................................................................................................................................................5 8. PASSAGE OF TITLE.....................................................................................................................................5 9. SUBMISSION OF DETAILED PLANS OF OPERATION........................................................................... 5 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS............................................................5 11. TIMBER OPERATIONS............................................................................................................................6 12. RISK MANAGEMENT..................:......................................................................................................I.... 8 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY...................................................9 14. DEFAULT BY A-I................................................................................................................................... 10 15. INTERIM AND FINAL ACCOUNTING................................................................................................ 11 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT........... 11 17. NOTICES AND PARTIES'REPRESENTATIVES................................................................................ 11 18. ASSIGNMENT OF CONTRACT............................................................................................................ 12 19. LIENS ........ -............................................................................................................................................. 12 20. REPRESENTATIONS AND WARRANTIES......................................................................................... 12 21. VALID EXISTING RIGHTS: ................................................................................................................... 14 22. GENERAL PROVISIONS........................................................................................................................ 14 EXHIBIT ATIMBER SALE AREA MAP........................................................................................................... 16 EXHIBIT BTIMBER SALE DESCRIPTION...................................................................................................... 17 EXHIBIT C INSURANCE POLICIES................................................................................................................. 18 EXHIBIT D CATEGORICAL CONDITIONS TO THE CONTRACT............................................................ 19 EXHIBIT EROAD CONSTRUCTION AND MAINTENANCE REQUIREMENTS ........................................ 21 EXHIBIT F LAYOUT MAP/ CULVERT LIST................................................................................................... 30 Kodiak Island Borough Awn Creek Fire Salvage Timber Sales Contract Page 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 182 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 183 of 367 1. SUMMARY OF AGREEMENT • The Kodiak Island Borough owns land near Chiniak that contains standing and down timber that was damaged by fire in late August 2015 as part of the Twin Creeks Fire. The fire -damaged timber in the Chiniak area will lose substantial economic value if not selvaged within two years of being damaged. • A-1 Timber has the background, experience, and capacity to harvest, tmnsporr, and sell standing and down merchantable timber that meets the United States Department of Agriculture Phytosanitary Certificate requirements. • This agreement is for eleven months: I May 2016 to 31 March 2017. • Quantity: All Merchantable Timber within the Timber Sale Area except for designated habitat and riparian management zones. • Price: per thousand board feet ("MBF") net Scribner scale. • In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which ere hereby acknowledged, the KIB and A-1 agree as follows: 2. DEFINITIONS Definitions shall include all terms defined by I I AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govern. A. "MBF" means onethousand board feet, net Scribner scale. B. "Construction Materials" includes rock, sand, gravel, logs used for mad sub grade or bridge construction, and other construction materials located in the Timber Sale Area. C. "Environmental Contamination" means pollution resulting from the "release' [as that term is defined in AS 46.03.826(9)] of a "Hazardous Material." D. "Hazardous Material" means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. 4 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hazardous and toxic substance, material or waste which is or becomes regulated by any governmental authority. Without limiting the forgoing, "Hazardous Material" includes hydrocarbon fuels such as diesel oil and gasoline, and lubricating oil. E. "Laws" mean all applicable federal, state or local statutes, regulations, rules, ordinances or permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. F. "Merchantable Timber' means all logs designated under this Contract that (a) measure a minimum of 8 inches in diameter on the small end, (b) measure a minimum of 16 feet in length, (c) have a minimum of 30 board fcet, (d) meet all requirements for a United States Department of Agriculture Phytosanitary Certificate issued by the Alaska Division of Agriculture, and (e) are not used for road sub grade or bridge construction as set forth herein. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 183 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 184 of 367 G. "Detailed Plan of Operation" or "DPO" means the detailed plan of operations required pursuant to AS 41.17.090 and related state regulations. H. "PURCHASER" means the purchaser of timber, purchaser's agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. 1. "Road Standards" menus road and bridge construction, maintenance, and closeout standards as required under the Alaska Forest Resources Practice Act ("AFRPA") and AFRPA regulations, including 11 AAC 95.290 and as further described and specified in Exhibit E. J. "Roads" includes all roads, bridges, landings, culverts, and any other transportation facility PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. K. "Slash" means all woody debris resulting from PURCHASER's Timber Operations or from construction of roads or other improvements in the Timber Sale Area. L. "Timber" means all trees, living or dead, standing or down, located within the Timber Sale Area. M. "Timber Harvest Unit(s)" means the unit(s) of Merchantable Timber located within the Timber Sale Area, as designated by the Detailed Plan of Operations. N. "Timber Sole Area" means the real property upon which it is reasonably necessary for PURCHASER to conduct Salvage Timber Operations under this Contract as depicted on Exhibit A and described in Exhibit B. In the event of any conflict between Exhibit A and B, Exhibit B will control. O. "KIB Land" means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the lend. 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE KIB sells to A -I, and A-1 purchases from KIB, all of the Timber, whether standing or down, within the Timber Sale Area w depicted on Exhibit A and described in Exhibit B, at the price and upon the terms set forth herein, whether harvested or not, subject to the provisions under Paragraph I O.0 (Risk of Loss). A-1 will define the northern boundary of the timber sale area by field inspection survey and tree marking to include in the sale area only those trees along the northern margin of the sale area that are damaged by more than 7/1 Oths in either the crown, bole or roots as described in the 2016 Kodiak Island Borough Fire Damage Assessment Report, dated 4 February 2016, subject to KIB approval This sale is known as a "stumpage" sale wherein A -I is purchasing certain standing and down timber owned by the KIB for which A-1 will pay the KIB for all merchantable logs severed based on a net Scribner scaled volume as determined by an independent third party. Upon payment of the performance bond under Paragraph 12.1), title to the timber in the Timber Sale Area, whether standing or down, transfers to A-1. A. This Contract is for the sale of salvage timber within the meaning of AS 38.05.117, which is sold "AS I5." The Parties recognize and agree that for the salvage timber to be merchantable and for the sale of the salvage timber to be economically reasonable, the logs most meet all requirements for a United States Department of Agriculture Phytosanitary Certificate ("Phytosanitary Certificate"), which is issued by the Alaska Division of Agriculture. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract. In the event of contract termination due to non-compliance with requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 3 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 184 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 185 of 367 4. RESERVATIONS The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair A -I's operations under this contract, as determined by the KIB. A-1 will avoid using the mads on KIB land when doing so could damage the mads. Use of roads on KIB land may be suspended during breakup or other wet weather conditions at the discretion of the KIB. The KIB hereby reserves the right to use any road constructed by A-1 under this contract for any and all purposes in connection with the protection and administration of KIB lands. Roads constructed or used by A -I under this contract may be used by third parties in connection with the utilization of KIB or other resources adjacent to the road, provided that on spur roads, such use shall not materially interfere with the operations of A-1. As a condition of this sale, the KIB has included certain Categorical Conditions in Appendix D that it will require of A-1 even though some of the conditions may not be completely relevant to salvage timber harvest. These items may factor into the net price of timber offered to the KIB, but are deemed necessary to the community or to comply with KIB code requirements or which are believed to provide the best outcome for the borough. 5. RIGHTS OF ENTRY AND USE During the Term of this Contract and to the extent it is legally authorized to do so, the KIB hereby grants to A-1 the non-exclusive right to enter upon and use the Timber Sale Area and associated access routes across KIB land in accordance with the terms of the Detailed Plan(s) of Operation and other applicable provisions of this Contract. The granted rights include the right to construct Roads to and within the Timber Sale Area and to use Construction Materials within the Timber Sale Area. Said rights will be exercised as reasonably necessary and at A -I's cost in strict accordance with the Detailed Plan(s) of Operation, applicable provisions of Law, and other applicable provisions of this Contract. Construction Material rights granted hereunder shall not be used to provide benefits to parties other than A-1. 6. TERM OF CONTRACT The Term of this Contract shall commence upon the Effective Date and terminate March 31, 2017, or the date that all obligations under this Contract have been completed, whichever is earlier. If A-1 is prevented or delayed from performing any of its obligations under this Contract by reason of fire, strikes, riots and civil commotions, war and acts of public enemies, storms, Roods, and other unusual climatic conditions, including droughts, and acts of God, and any other such cause which is similar in nature to the foregoing and which is beyond the control of A-1 ("Force Majeure'), the Term shall be automatically extended for the period that such Force Majeure continues in effect plus an additional reasonable period thereafter, to be mutually agreed upon in writing by the KIB and A4, to allow for harvest and removal of the Timber within the Timber Sale Area. All other terns and conditions of this Contract will remain in effect during periods of Force Majeure. Lack of funds on the part of A -I, adverse market conditions, KIB approval or assistance delays, or similar conditions shall not constitute Form Majeure. In the event that A-1 desires to extend the term of this Contract for reasons other than Force Majeure, such extension may be granted by the KIB, at the KIB's sole discretion, in consideration for the advance payment of no less than $500.00. The total extension time may not exceed one year. If the contract is extended, the KIB may enter into redetermination of the stumpage fees with A-1 if it deems it in the KIB's best interest. Kodiak Island Borough 7Win Creek Fire Salvage Timber Sales Contract Page 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 185 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 186 of 367 7. PAYMENTS A. Purchase Price: S per thousand board feet net Scribner Scale. B. Estimated Amount: thousand board feet. C. Payment: A-1 shall pay the KIB on a semi-monthly basis on the I" and 151h of each month for all scaled logs according to the independent scaling company's certificates of scale identifying how much timber has been scaled, If the I" or 15'" of any month falls on a weekend or holiday payment will be remitted the following business day. In the event that logging operations are suspended for any reason, for a period of 60 consecutive days, the Parties shall estimate the amount of timber cut, but not scaled, and A -I shall pay the KIB the estimated amount If the KIB and A-1 differ in their good faith estimates, then the estimates shall be added together and divided by two to determine how much A -I shall pay the KIB. If logging activities continue after a 60 consecutive day suspension, then the estimated amount paid the KIB for the timber cut but not scaled shall be credited against the logs scaled. a. Pacific Rim Scaling Bureau will be the independent scaling bureau of choice unless both parties agree tow alternate scaling bureau. Timing and delivery of scaling reports shall be determined and mutually agreed by the parties. A-1 will authorize KIB access to volume data produced by Pacific Rim Scaling Bureau. A-1 is responsible for paying the cost for Pacific Rim Scaling Bureau in its entirety. 8. PASSAGE OF TITLE Upon payment of the performance bond under Paragraph 12.D, title to the Merchantable Timber in the Timber Sale Area, including standing or downed timber, transfers to A-1. The risk of loss or damage will be allocated as provided in Paragraph 12 (Risk Management) herein. 9. SUBMISSION OF DETAILED PLANS OF OPERATION The Parties shall meet within 15 days of the Effective Date of this Contract to determine the volume of timber to be cut this year and during the third quarter of 2016 to determine the volume of timber to be cut next year. The Parties will also determine where A-1 will harvest the timber. Based on the Parties' determinations at the meetings, A -I shall prepare a draft DPO for the harvest activities and deliver the draft DPO to the KIB for review. The KIB shall promptly review the DPO. Within 15 days after A-1 delivers the draft DPO, the KIB shall: (a) approve the DPO, (b) identify specific modifications or changes necessary for it to approve the DPO, or (c) stale the reasons why the KIB will not approve the DPO. if the Parties have reached agreement and signed the DPO for this year or for next year, or have agreed to renew the 2016 DPO, A-1 shall submit the signed DPO to the State of Alaska for approval within 30 days of the Effective Date of this Contract for this year and no later than 30 November 2016 for next year. A-1 will advise KIB and identify plops for any requests for variation from AFRPA requirements. This is particularly relevant to KIB interest in rehabilitating anadromous stream riparian areas compromised by the fire event and how the KIB desires to improve the condition of same. The request will indicate how much timber resource can be removed from the restricted use area compared to A -I's costs of accomplishing desired results. Once a proposal is put forth to the Stale AFRPA agencies, the KBI and contractor costs and details will be reviewed based upon the terms of the variation approval, if any. 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A. Compliance with Laws. A -t is required to conduct all Operations in compliance with the Law and rectifying my and all instances of non- compliance rests solely with A-1. A-1 must also comply with the specific requirements of applicable laws specified in this contract that apply to this timber sale. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 186 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 187 of 367 B. Responsibility for Acquisition of Permits. Authorizations and Approvals. A -I is responsible for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost. C. Notification of Violation. Within twenty four (24) hours of A -I's knowledge, A-1 must notify the KIB and applicable regulating agencies of any regulatory or permit violations that have occurred as a result of actions by A-1 or A -I's agent, representatives, contractors, subcontractors, or other individuals or entities operating on behalf of A-1. In the event of a citizen complaint, A-1 has no duty to notify the KIB if A-1 in good faith believes there is no basis for a claim of regulatory violation or A-1 reasonably believes the KIB has notice of the citizen complaint. IL TIMBER OPERATIONS A. DPO Requirements. Unless otherwise provided for, A-1 shall he responsible for performing its operations based on new mad and unit layout and design. A-1 must do so in strict compliance with applicable Laws and the approved DPO. B. Utilization. Unless otherwise mutually agreed upon by the KIB and A -I, A-1 is required to yard all logs that meet the definition of Merchantable Timber. C. Slash Disnosal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of refatestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation ofslash. D. Slump Fleieht. Slumps shall not exceed on the side, adjacent to the highest ground, twelve inches, except that occasional stamps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. E. Reforestation. The KIB is responsible for all reforestation obligations required under applicable Laws. KIB will develop a reforestation plan and specifications which maybe put out to bid after the salvage harvest has begun but which shall be addressed in such time fume to allow adequate seed source to be secured for planting no later than Fall 2017. The KIB will set aside the equivalent of $20.00 per MBF as a reforestation fund from which funds may be withdrawn to pay for the cost of reforesting the salvage harvested areas. F. Roads. A-1 most, at its cost, construct, reconstruct, and improve roads in accordance with applicable AFRPA laws and regulations and the DPOs. It is the responsibility of A-1 to enter into agreements with adjoining land owners as to any shared use maintenance requirements, or fees, paid by A-1 on roads owned or maintained by other entities, including, but not limited to private, federal, state, and local landowners or administrators. A-1 must obtain all necessary permits and approvals (including any road we agreements) and provide copies to the KIB prior to commencing operations. All borrow and waste meas utilized in the construction or maintenance of the mads and facilities by A-1 require the submittal of development plans and approval by the KIB prior to development. G. Maintenance. During the Term of this Contract, A-1, at its cost, most maintain the Timber Sale Area, Roads, and all other improvements used by A-1 in connection with this Contract, in a clean, sanitary, and safe condition and in accordance with applicable Laws, the DPOs, and the provisions of this Contract. A-1 may share maintenance obligations with other Authorized Users of the Timber Sale Area, subject to the terms and conditions ofjoint use agreements that are approved in writing by the KIB. Cleanup measures and other maintenance most be kept reasonably current with timber harvest operations. Kodiak Island Borough Twin CreekF'ire Salvage Timber Sales Contract Page 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 187 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 188 of 367 H. Fire. A-1 must take all necessary precautions for the prevention of forest fires and shall be responsible for the suppression costs of any and all destructive or uncontrolled fires occurring within or outside the contract area resulting from any and all operations involved in the removal of the timber under the provisions of this contract. AS 41.15.050 establishes the fire season from April I — August 31, inclusive, during each year. (1) Prevention and Suppression. During the Term of this Contmet, A-1 must makro every effort to prevent and suppress fires within the Timber Sale Area. Unless otherwise required herein, or prevented by circumstances, over which A-1 has no control, A-1 must place its equipment, employees, putpose of fighting forest fires within or near the Timber Sale Area. (2) Presence of Fire Equipment. A-1 must ensure that both the road building crew and logging crews have adequate fire -fighting equipment and training for use on site when operating in the Timber Sale Area, pursuant to the DPOs. In the event of `extreme fire danger,' A- I most maintain a fire watch at the active Timber Operation ureas for a minimum of one hour after work has stopped for the day, unless the KIB suspends Timber Operations until the fire danger is reduced. (3) Harvest equipment including but not limited to harvesters, skidders, loaders, chainsaws, feller- bunchers, forwarders, bulldozers, etc., will be maintained and kept in good operating condition. Exhaust systems will have spark arrestors or screens with openings smaller than 0.023inches. The exemptions to this role are highway registered vehicles and turbocharged equipment where IOU"/a of the gas passes through the turbine wheel. (4) Reporting. A-1 most report all fires to the Alaska Division of Forestry in Kenai at (907)-260- 4200 immediately after becoming aware of a fire or imminent threat of fire. 1. Timber Trespass. Unless otherwise agreed A-1 may not fell or damage any tree not within the boundary of the Timber Sale Area. A -I shall be liable for all trespass damages and must properly locate its operations within the Timber Sale Area. A4 may only be assessed penalties for trespass associated with the Alaska Forest Resources and Practices Act (AFR&PA) under AS 41.17, 11 AAC 95, which does not supersede any remedies other landowners may have under applicable laws. J. KIB Inspections. The KIB and its representatives, shall at all times have access to observe and inspect the Timber Operations of A -I and most be famished such information, documentation and assistance by A -I as may be reasonably requested by the KIB for the purpose of ensuring compliance with this Contract and applicable Laws. K. Emergency Repairs by the KIB. In the event A -I refuses to make a repair of an emergency nature to improvements or structures in the Timber Sale Area, or which may threaten imminent and substantial damage to anadromous fish streams, after b e i n g requested to do so by the KIB or regulatory agency, except when these emergency repairs result from the gross negligence of KIB, the KIB shall be entitled to make the repairs and bill A -I for the actual cost of making such repairs. Emergency repair or improvement of the sale area necessary to keep A-1 in compliance with federal, State, and local laws and regulations is A -PS responsibility. If the emergency repairs are not required by law or in this contract, the KIB will reimburse A -I for the cost of repairs. All emergency work covered by this contract must be authorized in writing by the KIB prior to commencing unless prevailing conditions will cause imminent and significant irreparable damage to the KIB's resources. L. Use of Timber We Area. A -I may only use the Timber Sale Area for actions related to the harvest of Merchantable Timber. The Timber Sale Area may not be used for any other commercial purpose. Existing facilities owned by the KIB in the sale area, including but not limited to roads, bridges gates, culverts, and signs may be used by A-1 in connection with this sale without further approval unless such use is limited or prevented elsewhere in this Contract. Existing improvements used by A -I must be kept in good repair by A-1. Kodiak Island Borough Nin Creek ('ire Salvage Timber Sales Contract Page 7 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 188 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 189 of 367 M. Fish Spawning Waters. All operations in connection with this contract adjacent to lakes, streams, or important fish waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.17. Logging operations will be conducted to minimize impact to surface waters and will protect fish bearing water quality to meet ADEC standards for fish. N. Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered, work in that immediate vicinity must cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. O. Monuments and Markers. A-1 must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. A-1 may cut painted, blazed, or tagged trees that mark the boundary of the sale area or cutting units. A-1 will be responsible to hire a licensed surveyor to replacelmeslablish any monuments/markers destroyed or distressed as a result of their operations. P. A -I's Right to Restrict Access. A-1 may take reasonable measures to restrict access to the Timber Harvest Area that are necessary for safe and efficient operations. Reasonable measures include, but arc not limited to, gating roads and limiting access to harvest units. Access restrictions shall be coordinated with and agreed to by KIB. 12. RISK MANAGEMENT A. Indemnification. A-1 shall defend, indemnify, and hold the KIB harmless from any and all claims, demands, suits, loss, liability and expense, for injury to, or death of persons and damage to, or loss of property arising out of, or connected with the exercise of the privileges granted A-1 by this contract. B. Insurance Requirements. A-1, its contractors and subcontractors must purchase, at its own expense, and maintain in force at all time during the Terra of this Contract the policies of insurance specified in Exhibit C from an insurer qualified to do business in Alaska Where specific limits are shown, it is . understood that they are the minimum acceptable limits, and if the policies contains higher limits, the KIB and the additional insured hereunder shall be entitled to those higher limits. The policies most each name the KIB as an additional insured. The KIB must be provided with certificates of insurance and copies of the policies, a minimum of fifteen (15) days prior to commencing Timber Operations. The policies must provide that coverage shall not be canceled, limited, or allowed to expire until after thirty (30) days written notice has been given to the KIB. The KIB shall have the right, at its option, to pay any delinquent premium on any of The policies if necessary to prevent a cancellation, non -renewal or material alteration thereof, and A -I must within five (5) business days, reimburse the KIB'S expenditure. In the event that any insurance policy is canceled or the policy is materially changed, A-1 must immediately notify the KIB and cease Timber Operations until certificates of insurance are delivered to and approved in writing by the KIB. The KIB reserves the right to reasonably inere= the required insurance coverage limits to be in accordance with the current industry standards by giving 30 days written notice to A-1. C. Risk of Loss. The risk of loss by fire, windstorm, or other cause of any standing, decked or down Merchantable Timber within the Timber Sale Area shall be home by the holder of title to the timber or logs. The Parties recognize the Contract is for the sale of salvage timber, which is sold "AS I5." The KIB is not obligated to supply, nor is A-1 obligated to accept and pay for, other timber in place of the destroyed or damaged timber. The loss or damage to timber removed from the sale area under the contract is home by A-1. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this ConmacL The risk that standing or down timber in the Timber Sale Area does not meet all requirements for a Phytosanitary Certificate is home by the KIB. In the event of contract termination due to non-compliance with requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. Kodiak Island Borough Twln Creek It im Salvage Timber Sales Contract Page 8 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 189 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 190 of 367 D. Performance and Project Bonds At the time of executing this contract, A-1 must deposit with the KIBTwenty-five Thousand dollars ($25,000.00) as a Performance Bond. All bonds shall be submitted in the form of a cashier's check, money order, time certificate of deposit (with automatic renewal) in the KIB's name in (rust for A-1, or surety made payable to the KIB. Bonding must conform to I 1 AAC 71.095. If cash is used for the Bonding it will be placed by the KIB in a separate KIB account and all interest on the Performance Deposit shall accrue to the benefit of KIB. If A -I is in default under this Contract and has received notice of such default from the KIB, but has failed to cure such default, the KIB may apply said Bond to pay for the performance of the default obligation and any of the KIB's expenses or damages incurred as a result of A -I's default. A-1 shall remain liable for any deficiency that remains after application of the Performance or Project Bond to any amount owed and within ten (10) days of KIB's said application, A-1 most deposit that sum of money necessary to maintain a Performance Bond of Twenty-five Thousand dollars ($25,000.00). 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A. Hazardous Materials. A -I must not cause or permit to be brought upon, stored or used in or about the Timber Sale Area, or the Roads by A-1, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as A -I demonstrates to the KIB's satisfaction that such Hazardous Materials are reasonably necessary to A -Ps Timber Operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B. Fuel Storaee. Fuel ine. Maintenance and Still Prevention The KIB hereby consents that A- I may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, explosives, and anti -freeze substances in the Timber Sale Area and on the Roads during the Term of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terms of this Contract.A-1 must maintain and use mobile fuel storage and refueling facilities and must do so in accordance with all applicable Laws. No fixed tank storage is allowed on the sale area. A -I must have adequate absorbent and cleanup materials on site and in all vehicles and machinery used in the Timber Sale Area to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active flood plain of a water body. C. Sanitation. The sale wren most be maintained in a clean and sanitary condition during the operations of A-1. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the sale area as they are used and at the latest, upon completion of operations on any cutting unit. D. Immediate Cleanup of Environmental Contamination. In the event A -I becomes aware of any Environmental Contamination within the Timber Sale Area, A-1 must immediately notify the KIB and the Alaska Department of Environmental Conservation of any such Environmental Contamination and (unless provided for otherwise in a KIB-approved joint use Contract between A-1 and other Authorized Users of the Timber Sale Area) must immediately take all actions at its sole expense as are necessary to contain and cleanup Environmental Contamination in a manner consistent with the requirements of Law. Without limiting A -I's containment and cleanup obligations herein, to the extent that it is economically reasonable to do so, A -I must return the affected area to the condition existing prior to the introduction of any such Hazardous Materials, Kodiak Island Borough Twin Creek Fire Selvage Timber Sales Contract Page 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 190 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 191 of 367 14. DEFAULT BY A-1 A. Events of Default by A-1. Any of the following shall be deemed an event of default by A-1 ("Event of Default"): (1) Any representation or warranty made by A-1 that proves to be false in any material respect; (2) A -I's failure or refusal to perform, fulfill, or observe any pmvision in this Contract or State law, or A -I's breach of any covenant in this Contract; or (3) If A-1 has a receiver appointed for all or any significant pan of its assets, becomes insolvent, files a petition in bankruptcy or for reorganization, liquidation, or relief under any bankruptcy, insolvency, or debtor laws, or makes an assignment for the benefit of creditors, or if a petition is filed against it in bankruptcy or under insolvency or debtor laws. 0. Notice of Default/Cure/Termination. In the event of default under paragraph N.A. (Events of Default by A-1) above, the KIB will serve written notice on A-1 that states the ground or grounds upon which default is alleged and demand a cure. (1) If A-1 fails to make any payment or deposit any sums due under this Agreement, the KIB shall provide written notice of the breach to A-1 with 5 business days to cure, If A- I does not cure such breach within 5 business days after receipt of the written notice of breach, the KIB may, by providing written notice to A-1, suspend operations under this Agreement until the payment or deposit is made or terminate this Agreement 30 days after A-1 receives written notice of termination. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (2) If any Party breaches this Agreement other than by failing to make a payment or deposit any sums due under this Agreement, the non -breaching Party shall provide written notice of the breach to the breaching Party. The written notice shall state the nature of the breach and the cure needed to remedy the breach. If the breaching Party fails to cure the breach within 30 days after receipt of the written notice of breach, the non -breaching Party may, by providing written notice to the breaching Party, suspend operations under this Agreement until the breach is cured or terminate this Agreement 30 days aver the breaching Party receives written notice of termination. If, however, the nature of the breach is such that the breaching Party cannot reasonably cure the breach within 30 days and the breaching Party promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then the breaching Party shall not be deemed to be in default. The Parties shall retain all rights and remedies available to it under this Agreement and applicable law. (3) If A-1 is in breach of this Agreement and the breach causes or could potentially cause an immediate and irreversible risk of damage to the KIB, including, for example, fire or damage to water resources, the KIB may suspend those operations in breach of this Agreement by providing written notice to A-1. The written notice shall state the nature of the breach, the immediate and irreversible risk of damage to the KIB, and the cure needed to remedy the breach. If A-1 fails to cure the breach within 30 days after receipt of the written notice of suspension, then the KIB may, by providing written notice to A-1, terminate this Agreement 10 days after A-1 receives written notice of termination. If, however, the nature of the breach is such that A-1 cannot reasonably cure the breach within 30 days and A-1 promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then those operations shall continue to be suspended and the KIB shall not terminate this Agreement. The Parties shall retain all rights and remedies available under this Agreement and applicable law. Kodiak Island Borough Lwin Creek fire Salvage Timber Sales Contract Page 10 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 191 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 192 of 367 (4) Failure of the KIB to strictly enforce at any time any of the provisions of this Contract shall not be construed to be a waiver or affect the right of the KIB to thereafter strictly enforce such provision. 15. INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all remaining obligations of A-1, whichever is earlier, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties, and final accounting and other inspectiore have been completed by the KIB and applicable regulatory agencies, the party indebted to the other must pay the outstanding balance owed to the other party, at which time any remaining Performance Deposit shall be released or refunded. Upon completion of all A4 obligations under this Contract, the KIB will execute a written release, releasing A -I from any further obligations under this Contract, except those that specifically survive termination of this Contract. 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT Rights in Timber Sole Area. Upon the termination or expiration of this Contract, any claim or right A-1 may have in and to the Timber Sale Area, to any Merchantable Timber or logs remaining in the Timber Sale Area, or to the Roads and Related Facilities in the Timber Sale Area shall terminale. Obligation to Remove. Within thirty (30) days of completion or termination of A -I's Timber Operations, whichever is earlier, A-1 shall remove from the Timber Sale Area and the Roads, all equipment, materials, chemicals, goods, supplies, machinery, cable, wastes, structures, and any other items or improvements placed thereon by A-1. The Timber Sale Area and the Roads most be left free of all litter, debris, and all foreign materials generated by A -I's operations. A -I's removal thereof must be made in a manner that does not leave the Timber Sale Area in a dangerous or unsafe condition and allows for reasonable concurrent uses during the removal period. If the above items are not so removed, the items may either be removed from the Timber Sale Area at A -Ps expense or shall become property of the KIB if the KIB so elects. 17. NOTICES AND PARTIES' REPRESENTATIVES Any notice, demand, and other communication to be given or delivered under or by reason of the provisions of this Contract shall be in writing and is to be deemed to have been given (a) when delivered if personally delivered by hand, (h) when received if sent by a nationally recognized overnight courier service (receipt requested), or (c) when receipt is acknowledged by an affirmative act of the party receiving notice if sent by facsimile (provided that such an acknowledgement does not include an acknowledgment generated automatically by a facsimile machine). Notices, demands, and communications to the parties shall, unless another address is specified in writing be sent to the addresses indicated below: To the KIB: To: KIB Field Rep. Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Attn: Manager Atm: Resource Management Officer (907)486-9302 (907)486-9304 Facsimile: (907)496-9374 Kodiak Island Somugh Twin CreekF'ire Salvage Timber Sales Contract Page I 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 192 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 193 of 367 To: PURCHASER To: Purchaser's Field Rep. A-1 Timber Consultants, Inc. A -I Timber Consultants, Inc. PO Box 1001 PO Box 825 Chehalis, WA 98532 Kodiak, AK 99865 Atm: Tom Loushin Atm: Tom Loushin Facsimile No.: (360) 748-0507 Facsimile No.: (907)=_ Sianificant deficiencies or defects in the Purchaser operations will likely be delivered verbally at the time of observation It will be expected that the Purchaser will beam remedial actions at that time to meet Contract standards and requirements of Lew. Such circumstances will be chronicled in written format with further Information about the oversight and corrective actions related to the problem 18. ASSIGNMENT OF CONTRACT This contract may not be assigned by A-1 without written consent to such assignment first having been obtained from the KIB and the necessary amendment made to the contract. 19. LIENS A -I must pay or cause to be paid promptly when due any claim, debt or charge against A-1, which might become a lien against any of the KIB's assets associated with this Contract. A-1 must not suffer or permit any such lien or encumbrances of any kind to be filed against or upon any equipment, improvements, logs, the Timber or the properly from which the same are cut, eor from the proceeds thereof, regardless of whether the basis of such lien is a claim against A -I or against an employee, agent, supplier, or subcontractor of A-1. A-1 must keep the Timber Sale Area and Timber free and clear or any and all mechanics, loggers, labor or materialmen's liens arising from the performance of labor upon or the furnishing of materials to the Timber Sale Area. A -I may contest the validity of any such lien that may be filed by providing reasonable security to the KIB. A-1 most post notices of the KIB's non -responsibility pursuant to AS 34.35.065 and AS 34.35.150. 20. REPRESENTATIONS AND WARRANTIES . A. KIB As additional consideration for this sale, the KIB hereby represents, warrants, and disclaims warranties, as follows, which representations, warranties, and disclaimers shall survive the expiration of this Contract: (1) It is duly authorized to enter into this Contract; (2) It makes no warranties, express or implied as to the access, availability, operability, value, toad volume that may be cut in the Timber Sale Area, type, species distribution, grade, quantity, quality, merchantability or 0tness for a particular use concerning the Timber and the Timber Sale Area (3) Its approval of the Timber Sale is not a warranty that timber harvesting in the Timber Sale Area is economically or operationally feasible for A-1; (4) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents orevaluation the KIB has prepared; (5) It does not warrant any other item that extends beyond the written contents of this Contract. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 12 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 193 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 194 of 367 B. AA -1. As additional consideration for this purchase, A -I hereby represents and warrants as follows, which representations and warranties shall survive the expiration of this Contract: (1) It has read the above KIB warranty section with care and in its entirety and understands it completely; (2) It has had an unrestricted opportunity to review documents received from the KIB related to this timber sale which are not subject to the altomey-client privilege and has carefully inspected the Timber Sole Area and all Timber on the Timber Sale Area, and except for the KIB's Representations and Warranties set forth in paragraph] BA (KIB Representations and Warranties) above, A -I is purchasing the Merchantable Timber and accepting the Timber Sale Area "AS IS;' (3) It has independently considered and made its own determination concerning the physical, legal, and economic facts related to the access to and operations within the Timber Sale Area, log transport, log storage and transfer, delivery conditions, fuel transport and storage, availability of sort yards, matters of title, government regulation, the construction of the required Roads, the harvest of the Timber (and the ease or difficulty in harvesting it), the value, volume, grade, species distribution, type, quality and merchantability of the Timber and the economic feasibility and operability of the timber harvesting and A -I's ability to harvest the Timber, and all other matters related to the harvest and sale of the Timber. A -I assumes each, every, and all risks related to the Merchantable Timber and the Timber Sale Area; (4) It further assumes all risks related to the quantity or quality of rock, sand, gravel, stone or other construction materials in the Timber Sale Area; (5) It is in good standing in accordance with the Laws of the State of Alaska; (6) It is qualified to do business in the State of Alaska; (7) It is duly authorized to enter into this Contract and all agreements and documents contemplated hereby, and to make the representations and warranties set forth herein. When executed and .delivered by A-1, this Contract shall constitute a legal, valid, and binding obligation of A -I that the person executing this Contract for and on behalf of A-1 is duly authorized to do so, and that neither the execution of this Contract nor its performance by A- I will conflict with or result in the breach of any other instrument, covenant, or undertaking of A-1; (8) All submissions to the KIB made in relation to this Contract are We and correct; (9) It is entering into this Contract based upon its own knowledge and information of the Timber, of the Timber Sale Area, and of the timber business, and not because of any inducement or representation of the KIB, or any representative of the KIB; (10) It is experienced in the logging industry, has independently reviewed all applicable laws, and has a sufficient working familiarity with such Laws to enable it to obtain necessary permits and comply with same; and (11) It has consulted with an attorney of A -I's own choosing concerning the contents of this Contract. Kodiak Island Borough Nin Creek Fire Salvage Timber Sales Contract Page 13 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 194 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 195 of 367 21. VALID EXISTING RIGHTS: The rights gra ed to A-1 under this Contract are subject to all valid existing rights in existence on the Effective Date whether or not made of record, including without limitation, easements, rights -of- way, reservations, or other interests in land. 22. GENERAL PROVISIONS A. Contractors. A-1 shall notify the KIB in writing of all contractors and subcontractors engaged by A- I to perform Timber Operations relating to this Contract. A-1 most require, by contract, all such contractors and subcontractors to abide by the terms and conditions of this Contract, and A-1 must provide them with relevant provisions of this Contract. 0 Delivery of Payments. All payments most be delivered to the KIB or to A -I respectively at the addresses set forth in the Paragraph 17 (Notices and Parties' Representatives). A-1 shall not be entitled to any abatement, deductions or offsets of any amount due to the KIB. All past due amounts shall accrue interest at the interest rale of 4.0% per annum until payment is received. C_ Govemine Law, This Agreement shall be governed by the laws of the Stale of Alaska. D. JURY WAIVER. A-1 TIMBER CONSULTANTS, INC. AND THE KODIAK ISLAND BOROUGH ACKNOWLEDGE, AGREE, AND REAFFIRM THAT, IN THIS CONTRACT, A-1 AND THE KIB HAVE WAIVED, AND CONTINUE TO WAIVE, THE RIGHT TO ANY JURY TRIAL. IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY. SELLER: PURCHASER: KODIAK ISLAND BOROUGH A-1 TIMBER CONSULTANTS, INC. 710 Mill Bay Road P.O. Box 1001 Kodiak, Alaska 99615 Chehalis, Washington 98532 KODIAK ISLAND BOROUGH A-1 TIMBER CONSULTANTS, INC. By: By: William Roberts Tom Loushin Title: Manager Title: President STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before mem of and on behalf of the Kodiak Island Borough on this_day of 2016. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 14 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 195 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 196 of 367 SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires:_ STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this—day of 2016. SUBSCRIBED AND SWORN TO this _ day of 2016. Notary in and for the State of My commission expires:_ Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contact Page 15 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 196 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016A5 - A Salvage Timber Sale Contract Betw... Page 197 of 367 EXHIBITA TIMBER Y .. 3, a y� 5' 00 Kodjuk Island Borough 7%,jn Creek Fire Salvage Timber Sales Contract Page 16 Contract No. FY2016A5 - A Salvage Timber Sale Contract Betw... Page 197 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 198 of 367 EXHIBIT B TIMBER SALE DESCRIPTION As indicated in Exhibit A, all the timbered lands and owned by the Kodiak Island Borough found on; section(s) 31 and 32, Township 29 South, Range 18 West, and section(s) 5 and 6, Township 30 South, Range 18 West, all in the Seward Meridian and as described in documents ADL 55850 and ADL 59078. Kodiak Island Borough Twin Creek Fim Salvage Timber Sales Contract Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 198 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 199 of 367 EXHIBIT C INSURANCE POLICIES Without limiting PURCHASER's indemnification, it is agreed that PURCHASER shall purchase al its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the PURCHASER's policy contains higher limits, the KIB shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the KIB prior to beginning work and must provide for a 30 -day prior notice of cancellation, nonrenewal or material change of conditions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for default. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21. a. Workers' Compensation Insurance: The Contractor must provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045. The coverage must include: I. Waiver of subrogation against the KIB by the PURCHASER and all subcontractors associated with the timber sale; ii. Employer's Liability Protection at $500,000 each accidentleach employee and $500,000 policy limit; iii. "Other States" endorsement if the purchaser or subcontractor directly utilizes labor of residents from outside of the State of Alaska; iv. United States Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and V. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of $1,000,000 whenever the work involves activity from or on a vessel on navigable water. b. Commercial Automobile Liability covering all vehicles used in connection with the timber sale. All operators must meet the State minimum requirements for commercial carriers as defined in AS 19.10.300. $200,000 property damage single occurrence. $500,000 bodily injury single occurrence. $2,000,000 combined damage in single occurrence. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page Is Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 199 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 200 of 367 EXHIBIT D CATEGORICAL CONDITIONS TO THE CONTRACT I. Retention and Protection of Healthy Non -merchantable Trees — During timber harvest operations, A-1 will strive to protect and otherwise limit disturbance to any spruce trees 6" ' DBH (six-inch diameter at breast height) and smaller tree diameter size that are healthy, exhibit limited fire disturbance impact or are otherwise successfully recovering from fire thermal degradation. During each KIB inspection of project operations, part of the field review will be directed at looking for any avoidable impacts to healthy trees in this classification. It is understood that mechanical disturbance is unavoidable in some instances. But apparent avoidable disturbance to these tree types will be recorded and reported to A-1. At the conclusion of contract operations, A -I will be charged a fee of $50 for each impacted tree and this total amount will be assessed as liquidated damages against the return of the Purchaser's Performance Bond. 2. Slash Management Standards -- In conjunction with logging operations, A -I is required to conduct slash management activities. Slash debris accumulated at log landings or any other areas will either be stacked and hauled from the project area or material left in piles at the conclusion of operations. If material is left on site, slash will be piled high as practical and the number of piles minimized to reduce surface area and allow for reforestation to the fullest extent. Slash cleanup will include no less than 90% of limbs and tree woody debris biomass. 3. Unmerchantable Log Material — At the conclusion of operations at log landings, A -I will remove or disperse all cull and unmerchantable log material from the landing areas. This material may be scattered on nearby forest land and spread out so that log pieces are laying on the ground surface for natural decomposition. . 4. Areas to be preserved for wildlife habitat or other non -salvage harvest areas will be designled in the DPO with a marked boundary and approximate acreage. It will be the responsibility of A-1 to locate and identify the boundary in the field subject to the approval of the KIB. 5. A -I will provide updated salvage harvest completion maps on monthly basis that shows areas of tree cutting and logging removal, road locations, material site locations, etc. 6. Use of gravel pits by A-1 will be confined to the KIB project area and use of these materials will be suspended at the end of contract term. All gravel pits opened by A -I will be closed at the conclusion of salvage harvest operations and reclaimed in such manner to allow for replanting as part of the reforestation plan established by KIB. KIB reserves the right to have A-1 leave one gravel pit open if desired by the residents of Chiniak as a personal use borrow pit and to provide material for eventual road maintenance in the harvested area. 7. A -I will obtain a permit from ADOT/PF for the proposed intersection of the road that will intersect with the Chiniak Highway to ensure that all sight distance and other relevant safety requirements are met. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 19 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 200 of 367 AGENDA ITEM #13.A.1. Contract No. FY2O16-45 - A Salvage Timber Sale Contract Betw... Page 201 of 367 8. A-1 will remove log crib bridges at the conclusion of salvage harvest operations and leave the roads in the sale area open for public use. At the discretion of KIB, it may also be necessary to remove any culverts beyond a log crib bridge as it will not be easy to access or maintain such culvert improvements once the larger bridges are removed 9. The road intersection with Chiniak Highway proposed by A -I will be closed, blocked and reclaimed for a distance of 150 yards. A spur road will be placed to the KIB property where the Chiniak Library was formerly located and that will become the principal access to the sale area atthe conclusion of all salvage harvest operations. W. A-1 will provide KIB with a detailed schedule of operations including such things as the hours and days of planned operation. Salvage operations on Sunday and recognized stale or federal holidays shall not be allowed unless specifically permitted by the KIB. 11. The KIB will, in consultation with KEA, consider the harvest of trees on KIB land outside the sale area that may constitute a danger to the electrical service lines serving the Chiniak community as a matter separate from this salvage timber sale. 12. A-1 will implement minimal noise driving techniques within one half mile (linear) each side of the residential areas adjacent to the Chiniak Highway. This shall include a prohibition on the use of engine compression in residential areas. 13. A- I will curtail hours of operation to the hours between 7:OOAM and 9:OOPM when operating within 500 feet of a habitable structure. 14. Copies of environmental permits issued to A-1 and relevant to the salvage timber sale area shall be provided to the KIB. 15. KIB will set aside 10% of the net proceeds from the salvage timber sale as a contingency to offset any adjustments to DPO's that are based on public comments received and approved by staff for inclusion in the DPO. Kodiak Island Borough Nin CreekF'ire Salvage Timber Sales Contract Page 20 Contract No. FY2O16-45 - A Salvage Timber Sale Contract Betw... Page 201 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 202 of 367 EXHIBIT E ROAD CONSTRUCTION AND MAINTENANCE REQUIREMENTS Twin Creeks Fire—Salvage Timber Sale 1. Road and Landing Construction. Roads as identified in Exhibit F. must be used for access to the timber sale. All road segments must be built to the specifications described below, and in the location marked on the ground with orange centerline ribbon labeled "Truck Road" (also shown on limber sale layout map). The road type(s) required in the sale is identified in Exhibit F. The type, grade and alignment may be changed only with written permission from the KIB representative. The PURCHASER must take all measures which the KIB determines necessary to protect stream banks and stream courses during road and lending construction and to prevent erosion of exposed soil and fill material. 2. Drainage Structures. Obvious drainages are identified in Exhibit F. The drainage structures identified are for surface waters of significant size that will likely require that special care be exercised during road construction and logging operations. The drainages may not be capable of supporting snow and ice bridge crossings, depending on the seasonal weather conditions. Ifweather conditions provide for good logging conditions but are inadequate to harden areas adjacent to drainages for truck and equipment traffic, the PURCHASER must be prepared to: a. Stop hauling, scarifying and/or logging operations until conditions improve with respect to the integrity of the streams and soil conditions. The KIB will make the final determination as to whether conditions are adequate to maintain water quality and stream integrity. This in no way diminishes the responsibility of the Purchaser to maintain water quality under the FRPA. b. Install portable bridge structures over unstable stream areas to protect the integrity and water quality of the streams by keeping traffic away from the streams and associated unstable soil conditions. 3. Culvert Specifications: Culverts must be installed as approved by the KIB with the following specifications: a. Culverts must extend beyond the base of the road at least 36" on either side of the road, b. The minimum culvert diameter is 18 inches, c. The natural slope of the stream or drainage must be maintained, where feasible, d. Culverts must be designed and installed so as to maintain the course of the stream or drainage. On steep slopes, the culvert drain must be sloped about 30 degrees down grade, e. Culverts must be installed to avoid pooling at either end of the culvert, use ditch plugs on steep slopes, f. PURCHASER must install energy dissipaters and sediment traps to prevent erosion on steep slopes and sediment run off, g. The road bed depth over the culvert must be 1/2 the culvert diameter or at least 12 inches, whichever is greater, h. Bedding material must be free of rock and debris that might puncture the pipe or carry water around the culvert, I. The bedding material must be tamped along the sides and above the pipe, and Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 21 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 202 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 203 of 367 j. Culverts in streams requiring fish passage must be installed as per 11 AAC 95.305. 4. Bridge Construction a. Each end of the bridge must be firmly anchored to the abutment structure; b. An earth embankment constructed for use as a bridge approach must be protected from erosion by using planted or seeded ground cover, bulkheads, rock riprap, retaining walls, or other equally effective means; c. A bridge must be installed in such a way as to minimize disturbance to the bed and banks of a stream. No part of the finished bridge structure may be below the high water marks of the stream or obstructing the stream's Flow between ordinary high water; d. Equipment stream crossings are not authorized without prior specific KIB approval. The purchaser must submit written plans if crossing of open (unfrozen waters) is required for road construction. e. A snow ramp or ice bridge must be constructed only of snow, ice, and cribbing, and must be largely free of soil and organics; it must be constructed to disintegrate with natural ice breakup, or it must be breached and the cribbing removed when feasible before breakup to protect downstream structures, water quality, and fish habitat. f. Bridge structures used on the sale must meet or exceed USFS standards for temporary law volume industrial bridge structures for the loading anticipated by the purchaser. 5. Road Maintenance. a. On-going Maintenance. Once initial operations involving road use under this contract commence by the PURCHASER, maintenance must be an on-going function throughout the duration of the contract. The PURCHASER may cease maintenance operations during prolonged shut -down periods providing all roads are stabilized according to the standards specified in (D&E) below with prior written approval by the KIB. b. Existing Road Cross Sections. The PURCHASER must maintain existing road cross-sections by blading and shaping the surface and shoulders or replacing surfacing as required by the KIB. c. Minimize Damage. The PURCHASER must minimize damage to ditches, drainage structures, slopes and road surfaces. Where damage does occur, the PURCHASER must restore the road and structures to their prior condition within 48 hours, unless the KIB requires a shorter or longer period of time. d. Preventative Maintenance. The PURCHASER most perform preventative maintenance at the end of each operating season to minimize weather damage during the non -hauling period. This may include cross -ditching, post -haul blading to remove berms, ruts or other surface irregularities that would interfere with normal runoff of water and cleaning ditches and removal of drainage structures. e. Seasonal Work. The PURCHASER must perform all seasonal weather clean-up, removal of bank slough, minor slides and fallen timber, brush road replace material eroded from slopes, and clean out drainage ditches and culverts at the beginning of each operating season. In removing material from slides or other sources, the PURCHASER must deposit the material in a location where it will not erode into streams, lakes or reservoirs. Cut slopes, slumps, or other areas of exposed soil that Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 22 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 203 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 204 of 367 are at risk for producing sedimentation of surface waters must be grass seeded or otherwise stabilized to reduce sediment transport. C Work Upon Termination. All roads and structures must be put to bed upon termination of use in compliance with the Alaska Forest Resources and Practices Act and Regulations, or at the option of the KIB, they may be left to be maintained as specified in (E) and (F) above. 6. Road Maintenance Contracts. a If the PURCHASER jointly uses the Roads and Related Transportation Facilities with other authorized parties under this, or a subsequent contract, each party must enter into a joint use road maintenance Contract prior to hauling logs on the jointly used roads. b. The PURCHASER, if utilizing state, borough maintained roads and private roads for business operations, most protect the roads from damage by its activities. Any damage to public and private roads must be corrected to existing or better condition. The PURCHASER, if using public and private roads for business operations, must also contact the Kodiak Island Borough to inform them of the time and duration prior to the start of operations. The PURCHASER and the private property owner are responsible for negotiating private road issues. The KIB, in its discretion, reserves the right to enforce any such agreements as third -party beneficiary contracts. 7. Road Standards. Primary or Main Haul Roads Road Width: Roads must be 25 feet, including ditch (see typical roadbed section) and 40 feet where designated turnouts are built. Surfacing Width: 14-16 feet running surface. Use: Moderate year round except during spring breakup. Designed and constructed to access several timber sales, or to allow for possible future upgrades. Surfacing: The minimum necessary, usually a minimum of 12" of gravel, to allow log trucking without surface deformation year round, except during spring breakup. Turnouts: Surfaced length of 50 feet, 12 foot width and 25 foot length of ingress and 25 foot egress. Turnouts most be inter -visible, or every % mile, whichever is more often. Grade: The maximum favorable grade is 10%; the maximum adverse grade is 6a/a. Degree of curvature: The ordinary desired curve radius is a 100 foot minimum. Kodiak Island Borough Twin CreekF'iw Salvage Timber Sales Contract Page 23 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 204 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 205 of 367 Stamp removal: Stump removal is required under running surfaces and ditches. Clearings: All merchantable materials within the road clearing limits must be felled limbed and decked at landings. Debris must be pushed into natural openings and may also be buried beneath the running surface of the road, especially in wet areas that need more support. Ditches: Minimum depth is 1'h foot below the surface grade of the entire length of both sides of the road and must be adequate to drain peak Flow. Culverts: Culverts must be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36' on both sides of the road. Secondary Roads Road Width: Roads must be 20 feet, including ditch (see typical roadbed section) Surfacing Width: 14 feet running surface. Use: Light year round, except during spring breakup. Designed and constructed to access more than one timber sales, or to allow for possible future upgrades. Surfacing: The minimum necessary, usually a minimum of 6" of gravel, to allow log trucking without surface deformation year round, except during spring breakup. Turnouts: Must be constructed large enough for opposing truck and utility vehicles to safely get out of log truck traffic without undo maneuvering at the typical traffic speed. Turnouts must be every 1/4 mile, or more often as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 10%; the preferred maximum adverse grade is 8%. In any case, the grade must not exceed standards set by OSHA. Degree of curvature: The ordinary desired curve radius is 75 foot minimum. Stump removal: Stump removal is not required under running surfaces and ditches, but they must be sheered off or otherwise lowered so as to not affect the road surface or ditch function. Clearings: All merchantable materials within the road clearing limits must be felled, limbed and decked at landings. Debris must be pushed into natural openings and may also be buried beneath the running surface of the road, especially in wet areas that need more support. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 24 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 205 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 206 of 367 Ditches: Minimum depth is 1 foot below the surface grade of the entire length of both sides of the road. Ditches must be adequate to drain peak Flow. The road most be graded and crowned to drain. Standing water may not be allowed to pool on the road. Culverts: Culverts must be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36" on both sides of the road. Sour Truck Roads , Road Width: Roads must be 16-I8 feet. Surfacing Width: 12-14 feet running surface. Use: Light short-term. Chiefly timber harvest use, normally less than 'A mile in length. No expected future extension. Surfacing: The minimum necessary to complete timber harvest operations, normally a seasonal road. Turnouts: Must be constructed large enough for opposing truck and utility vehicles to safely get out of log truck traffic without undo maneuvering at the typical traffic speed. Turnouts must be constructed as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 200/.; the preferred maximum adverse grade is 12%. In any case, the grade must not exceed standards set by OSHA. Degree of curvature: The ordinary designed curve radius is 75 foot minimum. Clearings: Debris may be buried or piled in natural openings. Ditches: As required to minimize water quality impacts. The road must be graded and crowned to drain. Standing water may not be allowed to pool on the road. Culverts: Culverts must be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36" on both sides of the road. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 25 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 206 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Tmber Sale Contract Betw... Page 207 of 367 Winter Ice Roads Winter roads are roads that can normally support regular logging vehicle traffic only during winter months and that have a load bearing capacity derived from a combination of frost, snow, and/or ice (1 I AAC 95.900(90)). Construction techniques for winter access routes depend on the range of terrain encountered and may include clearing vegetation and ground cover needed to provide a level running surface. Road surfaces may be composed of frozen mineral soil, packed snow, ice, or surface organics (I I AAC 95.290(f) & (g)). Some segments of winter roads may cross terrain that requires construction to all season standards. Ballast for winter construction will predominately be snow, ice and frozen organics. Where ballast is required, it must be obtained from an approved borrow pit. Unless otherwise approved in writing and staked on the ground by the KIB, road fill placed by the PURCHASER must not cover, encroach on, or alter permanent or intermittent water channels. Road Width: Roads shall be 14 feet. Surfacing Width: 12 feet running surface. Use: Light short -teen. Chiefly timber harvest use. No expected future extension. Surfacing: The minimum necessary to complete timber harvest operations, normally a seasonal road. Minimum requirement of 8 inches of snow and 6 inches of frost to maintain a minimum of three inches of compacted ice and snow. This standard allows for variations in winter snow conditions. Deep snow may prevent ground freezing but provide for adequate ground protection. If the ground is not frozen to a depth of at least 6 inches, additional snow depth is required. Turnouts: Must be constructed large enough for opposing truck and utility vehicles to safely get out of log Imek traffic without undo maneuvering at the typical traffic speed. Turnouts are to be constructed as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 10%; the preferred maximum adverse grade is 10%. In any case, the grade must not exceed standards set by OSHA. Degree of curvature: The ordinary designed curve radius is 75 foot minimum. Stump removal: Removal of stumps and vegetative mat is prohibited unless approved by the KIB. All stumps must be cut lower than 6 inches. Clearings: Debris may be piled in natural openings and burned. Ditches: Not required. Kodiak Island Borough 7Wm Creek Fire Salvage Timber Sales Contract Page 26 Contract No. FY2016-45 - A Salvage Tmber Sale Contract Betw... Page 207 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 208 of 367 Maintenance: Open drainages before spring breakup. Close access after logging use. Discontinue use before frost layer is too thin to prevent surface deformation. 8. Road Closure. a. Road closure must meet the standards identified by I 1 AAC 95.320 of the Alaska Forest Resources and Practices Regulations. b. The first 300 feet of any temporary road constructed as part of this Agreement must be ripped with a dozer, overburden and debris pushed back over the road bed, and/or other actions necessary to make the road impassible as directed by the KIB. c. Temporary roads designated by the KIB to remain open for recreational use will require berms, cables, or gates to restrict highway vehicle use. 9. Clearing and Grubbing a. Trees within the road right of way must be felled and yarded ahead of the road construction. b. The clearing boundary limits outside of the sale area are 75' on either side of the centerline. Timber from within the ROW is considered part of the Timber sale and will be handled as such by the PURCHASER. Within the sale area, the PURCHASER may determine the clearing limits. c. Snags and trees leaning heavily over the roadway that are outside the clearing limits must be felled. d. Unstable soils must be stabilized to minimize sedimentation by using appropriate erosion control measures such as seeding, using erosion control mats, and installing settling basins. e. Cuts and Fills. Minimize cuts and fills in thaw -unstable permafrost. Cuts and fills must be avoided. C Removal of Surface Organics. Surface organics may only be removed to provide a level running surface. g. Debris must not be piled or pushed against existing trees. 10. "Trail Signage. The PURCHASER most place warning signs on all snowmobile routes and seismograph trails where they intersect with the Timber Sale Area. Warning signs must also be placed wherever snowmobile trails intersect with roads used for log removal. The signs must be placed in clear and conspicuous locations. The signs must be maintained throughout the life of this agreement. Kodiak Island Borough Avin Creek Fire Salvage Timber Sales Contract Page 27 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 208 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 209 of 367 11. Grading a. Any fills over 6 feet must be widened 2 feet for each 6 feet of centerline depth to a mac. of 36 feet. Pill slopes must be no steeper than 1 1/2:1 for common fill. b. Cut slopes must be no steeper than 1:1 common,1/2:1 soft rock, I/4:1 solid rock. c. Some dry season roads may require extra widening on curves and deep embankments Extra Widening Inside of Curves Fills under 6' add I' 10'- 1 foot Fills over 6' add 2' 301- 2 feet 50' - 3 feet 60'- 4 feet Kodiak Island Borough 7Win Creek Fire Salvage Timber Sales Contract Page 2g Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 209 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 210 of 367 TYPICAL ROADBED SECTION SINGLE LANE - WITFI TURNOUTS 12. Drai a uc ures z 15:1 Lmwn �ina Lig est ctures by Station. 8" 8' 8' 6- 18" 18 Kodiak Island Borough 1'win Creek Fire Salvage Timber Sales Contract Page 29 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 210 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 211 of 367 BXI IIBIT P LAYOUT MAP/ CULVERT LIST Twin Creeks tare - Salvage Timber Sale To be attached to signed Contract. Kodiak Island Borough Twin Crcek Fire Salvage Timber Sales Contract Pape 30 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 211 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 212 of 367 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 6, 2016 Background At the Kodiak Island Borough Assembly (KIB) working meeting on March 31, 2016, the Assembly requested that Chiniak resident Scott Bonney obtain and consolidate the ideas and requests of Chiniak community residents with respect to the conditions that should be placed in a potential contract with A-1 Timber Consultants (A-1) to conduct a salvage logging program on the Borough's 900 acre tract of Sitka Spruce forest in Chiniak. These recommendations were developed through email responses and meetings conducted by Scott Bonney on April 3, 2016. Additionally extensive visual inspections of powerline route, residential properties affected and back country were accomplished by residents. Recommendations for contract provisions are made as much as possible in contract language to aid in porting to a contract. Residents of Chiniak have experienced or observed the significant adverse environmental and community impacts of nearly six years of a clear cut -logging program conducted by A-1 on Leisnal Corporation Chiniak lands. They do not want to see these impacts repeated in a salvage lagging of the Borough's Chiniak forestlands. As such, they wish to see rigorous but fair conditions are included in a salvage logging contract to mitigate as much as feasible potential adverse community and environmental impacts. Therefore, in addition to recommendations on specific language or needed issues to be addressed, the rationale for such is also explained. Recommendations are presented under specific topics related to logging activities. Quotations from the Alaska Forest Resources and Practices Act (AFRPA) regulations are presented in italics. A separate document will be presented regarding Chiniak resident recommendations with respect to KIB actions and rale that they see as needed to implement and manage a salvage logging program. Attachment A provides the recommended contract provisions in a list without the explanatory rationale included in the main document. 1 of B Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 212 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 213 of 367 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chinlak April 5, 2016 Loaaina Road Routes and Access Recommended Contract Provision(s): 1. The Timber Harvest plan to be submitted to the Alaska Department of Natural Resources (DNR) shall include the logging road concept as shown on Figure 1, 2 and 3 of 9. Exact routing Is to be determined by contractor within overall concept goals of maximizing use of existing log roads and avoiding a new highway entrance at a popular high use area. This shall include a principal logging road that exits through adjacent Leisnoi Corporation lands. Rationale: 1. This provision is intended to minimize erosion potential, disturbance to residential properties and popular recreation area, minimize live tree damage, avoid wetland drainage problems and enhance highway safety. 2. The Alaska Forest Resources and Practices Act (AFRPA) regulations (11 ACC 95.285 regarding road location requires: (1) minimize the amount of road construction; (3) where feasible, use an existing road,• (6) minimize the number of stream crossings; 3. In logging the Leisnoi land, several logging roads entered the Chiniak Highway adjacent to private residential property with unnecessary disturbance to local residents. 4. Minimizing the length of logging roads and use of an existing logging road (on Leisnoi land) will reduce the amount of gravel required (and size of related borrow pits). Fees paid to Leisnoi for use of their road should be partly offset by reduced costs of new logging roads. Protection of the Kodiak Electric Association (KEA) Power Line and Related Safety Matters Recommended Contract Provision(s): 1. The contactor shall consult with the Kodiak Electric Association on protection of the power line from potential tree damage. All recommendations made by KEA shall be followed. 2. The contractor shall remove all exposed Silks spruce trees left after clear cut logging that could strike the power line in the event of a windstorm. Such trees shall be identified, marked and removed in a timely manner. 2of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 213 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 214 of 367 Reoommendatlons of Chinlak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak island Borough Land In Chinlak Apill 6, 2016 Rationale: 1. The DNR report on the Twin Creeks fire identified the cause of the fire as a tree outside the power line right-of-way that blew over and failed the KE4 power line which in turn ignited logging waste. The fire then spread and burned trees on the Borough's Chiniak land tract. 2. Clear cut logging leaves remaining trees vulnerable to blow down. Existing trees with no clear cut to the north have not been a problem as the tree groups are accustomed to winds from the north. Impacts of winds from the south, however, an newly exposed trees are a major concern. 3. Despite requests from KEA after the August 2016 wildfire to remove at risk trees adjacent to the power line right-of-way, there were two lengthy power outages in the winter of 2015/2016 caused by windblown trees that left Chinlak residents without power for several days. Protection of Anadramous and Resident Fish Streams Recommended Contract Provision(s): 1. The contractor shall preserve a 200 -foot buffer each side of all streams including those with anadramous and resident fish (as identified by the Alaska Department of Fish and Game) as shown on Figure 1 and 3 of 9. Rationale: 1. The AFRPA regulations (11 AAC 95.900) Definitions 80)"stream" means a perennial flow of water along a defined channel, or an intermittent flow of water along a defined channel, that is significant far the protection 1. of downstream water quality. 2. Because of the significant potential of soil and vegetation mat erosion in the burned areas as a result of logging which in tum increases the risk of to fish streams from water quality impacts, a wider buffer (than on unburned lands) on each side of streams is a necessary prudent and responsible measure to increase stream protection and to minimize the potential for erosions and resulting water quality degradation. This measure is supported by Alaska Forest Resources and Practices Act Sec. 41.17.060. (5) significant adverse effects of soil erosion and moss wasting on water quality and fish habitat shall be prevented or minimized. (c) With respect to state and municipal forest land only, the following standards also apply: (5) there may not be significant impairment of the productivity of the land and water with respect to renewable resources; 3. Based on the above all streams and tributaries should be considered "Type 1-A" according the AFRPA. 3of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 214 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 215 of 367 Recommendations of Chinlak Community Re: Contract Provisions for Potential Selvage Logging Contract Kodiak Island Borough Land In Chinlak April 6, 2016 Protection of Residential and Private Property from South Wind Blow Down Recommended Contract Provision(s): 1. The contractor shall provide a 400 -foot no cut wind buffer behind residential and private properties and the Chinlak library site as shown on Figures 1 and 3 of 9. Rationale: 1. Burned trees that no longer have branches and needles are less likely to blow down yet provide wind protection to nearby properties. 2. A wildfire in the early 1980's burned trees which were left standing and this appears to have worked well. The snags that remained provided habitat for wildlife and a long- term source of nutrients when the eventually and incrementally fell and new trees were established. Erosion Control Plan and Steep Slopes Recommended Contract Provision: 1. The contractor shall prepare an erosion control plan that incorporates all relevant contract provisions included herein for KIB review and approval prior to commencing work. That plan shall address, in particular, harvesting trees on steep slopes that have burned and erodible soils. 2. The southeast corner of the Borough where multiple stream channels converge shall not be logged and maintained as a preserve as shown on Figure 1 of 9. Rationale: 1. Soil erosion and related water quality degradation and impacts to anadramous and resident fish streams is a particular concern of the KIB. The scientific literature notes the vulnerability of the forest floor to soil erosion after wildfire and the need to adopt innovative measures to mitigate this problem. 4of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 215 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Bi... Page 216 of 367 Recommendations of Chinlak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chlnlak April 8, 2018 Salvage Logging and Harvest Area Limits Recommended Contract Provision: 1. The contractor shall not harvest trees outside the harvest limit boundaries show in its timber harvest plan submitted to DNR. 2. If the contractor encounters live trees in large (e.g. greater than 10,000 SF) contiguous groups that have not be damaged by wildfire, the KIB forestry project manager should be consulted on the disposition of those trees. Rationale: 1. The AFRPA provides some flexibility on timber harvest boundaries of up to 10 acres beyond plan boundaries which is allowed without filing a variation in the timber harvest plan to DNR. The KIB will not allow such flexibility — harvest boundaries shall be adhered to per the timber harvest plan submitted to DNR. Slash Pile and Timber Waste Management Recommended Contract Provision: 1. The contractor shall develop a slash management plan prior to commencing timber harvest operations for review and approval of the KIB that addresses the requirements of the AFRPA to minimize risk of wildfire. Rationale: 1. The AFRPA regulations an slash management state as follows: Alaska Forest Resources and Practices Regulations 11 AAC95.195. Clearing of spruce trees. (a) Notwithstanding the provisions of 11 AAC95.190, in order to minimize the spread of destructive forest Insects and reduce the risk of wildfire, a landowner in Region I must perform one or more of the practices identified in (b) of this section if notified by the division (b) Thefollowing practices may be performed to comply with (a) ofthls section: - (1) spruce trees or limbs greater than five Inches In diameter may be disposed of by manufacturing into cants, lumber, house logs, chips, orfirewood; (2) spruce trees or limbs greater than fwe inches In diameter may be disposed of by burning, subject to applicable regulations; (3) downed and removed spruce trees or limbs greater than five Inches In diameter may be treated or stored In an appropriate manner, ff they are not burned, manufactured, or otherwise used in a way that will prevent the spread of bark beetles, (4) spruce limbs greater than five Inches in diameter may be dried by uniform scattering in areas open to sunshine if they are not burned or chemically treated. (c) The division will, In Its discretion, approve other methods far disposal or treatment ofdowned spruce treesto minimize the spread ofbark beetles or reduce the risk ofwlldfrre. (d) If notified by the division, a landowner must provide a slash management plan that addresses the requirements of this section. 5 Of Contract No. FY2016-45 - A Salvage Timber Sale Contract Bi... Page 216 of 367 ►r[14�1THW SIMM, � Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 217 of 367 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 6, 2016 11 AAC 95.900. Definitions. (75) "slash" means pieces of woody vegetative residue greater than five inches in diameter or longer than three feet in length resulting from a forest practice operation; 11 AAC 95.370. Slash. (a) In an area where slash treatment is necessary to prevent or reduce the spread of fire, an operator shall reduce the concentration of slash by scattering, piling or windrowing, mechanized chipping, compacting, burying, or controlled burning, or other method approved by the division. 2. The DNR report on the Twin Creeks August 2015 wildfire clearly indicates the role of slash and other timber waste ("heavy fuels") as fuel in the spread of the wildfire. Schedule of Timber Harvest Operations Recommended Contract Provision(s): 1. The contractor shall consult with adjacent property owners who have homes on noise mitigation and hours of operation when timber harvest activities are planned adjacent to their property. Rationale: 1. The KIB wishes to mitigate disturbance to property owners who live adjacent to the timber harvest area. 2. Logging operations on Leisnoi lands included nighttime construction and harvesting adjacent to private property with resulting disturbance to resident home owners. Gravel Mine Site Location and Reclamation/Rehabilitation Recommended Contract Provision(s): 1. Gravel mines (borrow pits) shall be located outside the buffers indicated on Figures land 3 of 9. 2. Gravel mines shall be reclaimed/rehabilitated. Rehabilitation specifics shall be agreed upon in contract. 6 of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 217 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 218 of 367 Recommendations of Chiniak Community Re; Contract Provisions for Potential Selvage Logging Contract Kodiak Island Borough Land In Chiniak April e, 2016 Rationale: 1. At least one gravel mine site on Leisnoi land was located on the boundary of a private property with the potential for disturbance to the property owner and negative impact to property value. Logging Traffic Restrictions Recommended Contract Provision(s): 1. The contactor shall implement minimal noise driving techniques within one half mile (linear) each side of residential areas adjacent to the highway. This shall include a prohibition on "jake breaking". Rationale: 1. This provision is intended to mitigate noise disturbance to homes of Chiniak residents located adjacent to the Chiniak Highway. During the logging of Leisnoi land, logging traffic typically commenced about 4.00 a.m. and occasionally occurred overnight with unnecessary noise disturbance to some residents. 2. Chiniak residents have reported "jake breaking" as a not uncommon along certain sections of the Chiniak Highway including Middle Bay. Environmental Permits. Compliance and Reporting Recommended Contract Provision(s): 1. All spills of fuel and other hazardous substances shall be reported and cleaned up as required by law. The Kodiak Island Borough shall be copied on all agency spill reports. The storage and handling of fuel and other hazardous substances shall comply with Alaska Department of Environmental Conservation and applicable federal requirements relating to spill prevention. 2. The contractor shall maintain current permit coverage for log storage and transfer facilities in Woman's Bay under the Alaska Pollutant Discharge Elimination Program storm water pollution regulations applicable to such facilities. A copy of the contractor's application for permit coverage and agency confirmation of permit coverage shall be provided to the KIB. In addition, the contractor shall clearly post (if not already) at its log storage and transfer facilities notice regarding the availability of its Storm Water Pollution Prevention Plan (SWPP) as required by the APDES regulations. A copy of the SWPP shall be provided to the KIB. 7of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 218 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 219 of 367 Recommendations of Chlniak Community Re: Contract Provislons for Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak Apol 6. 2018 3. Prior to commencing operations, the contractor shall provide information to the KIB on its waste management practices including the disposal of bark residue and related waste accumulated at its log storage and transfer facilities. 4. Copies of all other applicable environmental permit applications and permits shall be provided to the KIB. 5. The KIB shall be informed of any agency notifications of non-compliance with respect to the AFRPA and other environmental regulations and remedial actions. Rationale: 1. The KIB needs to ensure that all timber harvest operations and related activities on its land fully comply with all environmental laws and regulations and that the contractor is conducting due diligence and using best management practices related to spill prevention and to avoid pollution of KIB land. 8 of Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 219 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 220 of 367 Recommendations of Chlniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chlnlak April 6, 2016 ATTACHMENT A — LISTING OF RECOMMENDED SALVAGE TIMBER HARVEST CONTRACT PROVISIONS 1. The Timber Harvest plan to be submitted to the Alaska Department of Natural Resources (DNR) shall include the logging road concept shown on Figure 1 and 2 of 9. This shall include a principal logging road that exits through adjacent Leisnoi Corporation lands. 2. The contactor shall consult with the Kodiak Electric Association on protection of the power line from potential tree damage. All recommendations made by KEA shall be followed. 3. The contractor shall remove all exposed Silks spruce trees left after clear cut logging that could strike the power line in the event of a windstorm. Such trees shall be identified, marked and removed in a timely manner. 4. The contractor shall preserve a 200 -foot buffer each side of all streams including those with anadramous and resident fish (as identified by the Alaska -Department of Fish and Game) as shown on Figure 1 and 3 of 9. 5. The contractor shall provide a 400 -foot no cut wind buffer behind residential and pnvateproperties and the Chiniak library site as shown on Figures 1 and 3 of 9. 6. The contractor shall prepare an erosion control plan that incorporates all relevant contract provisions included herein for KIB review and approval prior to commencing work. That plan shall address, in particular, harvesting trees on steep slopes that have burned and erodible soils. 7. The southeast corner of the Borough where multiple stream channels converge shall not be logged and maintained as a preserve as shown on Figures 1 and 2 of 9. 8. The contractor shall not harvest trees outside the harvest limit boundaries show in its timber harvest plan submitted to DNR. 9. If the contractor encounters live trees in large (e.g. greater than 10,000 SF) contiguous groups that have not be damaged by wildfire, the KIB forestry project manager should be consulted on the disposition of those trees. 10. The contractor shall develop a slash management plan prior to commencing timber harvest operations for review and approval of the KIS that addresses the requirements of the AFRPA. 11. The contractor shall consult with adjacent property owners who have homes on noise mitigation and hours of operation when timber harvest activities are planned adjacent to their property. 1 of 2 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 220 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 221 of 367 Recommendations of Chinlak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chiniak April 6, 2016 ATTACHMENT A — LISTING OF RECOMMENDED SALVAGE TIMBER HARVEST CONTRACT PROVISIONS 12. Gravel mines (borrow pits) shall be located outside the buffers indicated on Figures 1 and 3 of 9. 13. Gravel mines shall be reclaimed/rehabilitated according to best practices. Rehabilitation plans shall be submitted to the KIB for review and approval as well as the DNR. 14. The contactor shall implement minimal noise driving techniques within one half mile (linear) each side of residential areas adjacent to the highway. This shall include a prohibition on "fake breaking". 15. All spills of fuel and other hazardous substances shall be reported and cleaned up as required by law. The Kodiak Island Borough shall be copied on all agency spill reports. The storage and handling of fuel and other hazardous substances shall comply with Alaska Department of Environmental Conservation and applicable federal requirements relating to spill prevention. 16. The contractor shall maintain current permit coverage for log storage and transfer facilities in Woman's Bay under the Alaska Pollutant Discharge Elimination Program storm water pollution regulations applicable to such facilities. A copy of the contractor's application for permit coverage and agency confirmation of permit coverage shall be provided to the KIB. In addition, the contractor shall clearly post at its log storage and transfer facilities information regarding the availability of its Storm Water Pollution Prevention Plan (SWPP) as required by the APDES regulations. A copy of the SWPP shall be provided to the KIB. 17. Prior to commencing operations, the contractor shall provide information to the KIB on its waste management practices including the disposal of bark residue and related waste accumulated at its log storage and transfer facilities. 18. Copies of all other applicable environmental permit applications and permits shall be provided to the KIB. 19, The KIB shall be informed of any agency notifications of non-compliance with respect to the AFRPA and other environmental regulations and remedial actions. 2 oft Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 221 of 367 AGENDA ITEM W.A.I. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 222 of 367 m >. w •i �.' a yl r m o o caNmOa Oma:: }''... oo C , n v E NN.0 h �' c w J U ,al E m 'a E c N E c s" pad m _nE -w E m «O MM -00 .2 C Q 10 aN m m L � c o m � _ oda �- NO 2 Q L n P qq O C T w 3 E d yj t � a L c m M N m O N C 2 � 3 m m m O C' o m '� aid arnm rnE m v ius N E 2 0 > 3 a r E n B m a nM m � E - � omm a ? 2 ej O O N U O O m a m Q J J (p m O p Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 222 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 223 of 367 0410612016 Chiniak Recommendations to Kodiak Island Borough regarding salvage logging Highway Library site King Crab Way Out to highway on existing log roads behind Sawmill Lake and Whalebone Hill Existing bridge Borough Land property line south side NORTH Kinq Crab Way Highway Preserve area. Note Steep terrain and multiple stream branches. `Maximize use of existing log road access In Leisnoi land to minimize log roads and gravel pits and associated erosion of the Log roads, sensitive burned organic concept North soil mat into salmon Borough land streams. Avoid a new property line highway access road. south side 2 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 223 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 224 of 367 _ o U 0 U N C L ' o y c w dY O '0 a 'p L N Ol m y U « N N O o am E :•ells, v v �, z d .L, m a M °' E 4 L j O d Y 4 C N NN N C OM — r t O it O S V I c a rnv E C of 00 o«U L IL- Q m L N N � d m O N y 4 m 0 I O Om Co d i a w .. A ` a n ►� o m c c saNC o o E c am E c c 3o m rc E ZE'� Nm L 9 N ` m o U O r y Ul N N 2 O O d I: H m y m m Q C J O C 7 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 224 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 225 of 367 0 410 812 01 6 Chinlak Recommendations to Kodiak Island Borough regarding salvage logging Borough land erosion potential and erosion occurring 2/21/16 i I - 1 Salvage logging will result in considerable erosion into tributaries and salmon streams due to highly erodible soils. Maximize protection of salmon streams and tributaries. Alaska Forest Resources and Practices Regulations 11 AA 95.900 "stream" means a perennial Raw jwater alone a dgrned channel, or an intermittent flow ofwater alone a defined channel that is scant for protection 1. ofdownstream water quality. Alaska Forest Resources and Practices Act Sec. 41.17.060(5) significant adverse effects of sn!! erosion and niass wasting on water quality and fish habitat shall be prevented or ntinintized. jjs Y Extreame erosion potenial on steep slopes is a serious concern should salvage c J logging occur 4 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 225 of 367 AGENDA ITEM W.A. 1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 226 of 367 041062016 Chinlak Recommendations to Kodiak Island Borough regarding salvage logging Borough land erosion potential and erosion occurring 2/21/16 PF Non burned_ ',-S�j �xh Burned and highly erodable r W— II tom•. '�S f J Alaska Forest Resources and Practices Regulations, 11 AA 95.285. Road location. (1) i ' !' the amount of road construction; ( )) where feasible, use an existing road; (6) minimize the number of stream crossings; .J ' Erosion already extreme noted in 'drainages during 2/21/16 hike into - Borough land f� 1' - t S� Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 226 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 227 of 367 c . \ • , 1\IFS �•• Y / SSG i Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 227 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 228 of 367 04/06/2016 Chiniak Recommendations to Kodiak Island Borough regarding salvage logging Tree blow down Feb 29, 2016 Bonney and Miller properties, Chiniak, AK Southerly Blowing north directly off - - clearcut land 7 all Damage to properties from clearcut up to property line damages trees newly exposed to winds from the south. ,•, � r c ` 7 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 228 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 229 of 367 04106/2016 Chinlak Recommendations to Kodiak Island Borough regarding salvage logging Silver Creek Commercial Salmon fishing 2013 and 2015 I Tenders pumping direct from large sets yh Protect salmon streams by 200' each side buffer. Do not use minimal state standards of 100' given the highly erodible burned soils. Extend 200' buffer up stream tributaries 2013 had steady action from 2 to 3 servers 8 ofS Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 229 of 367 AGENDA ITEM W.A. 1. 04/06/2016 Chiniak Recommendations to Kodiak Island Barough regarding salvage logging Silver Creek Commercial Salmon fishing 2013 and 2015 v - 9of9 s Chiniak Total exvessel value, by species, for statistical area 259 -25 -Outer Chmiak Bay. Pink 2011 5496,994.77 2013 S512,043.40 2015 5573,717.39 Recognize the extensive and productive salmon streams and tributaries of Chiniak Creek and Silver Creek and the high potential for erosion of the burned soil. Protect the future salmon. Be conservative in stream protection. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 230 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 231 of 367 Comments Regarding Chiniak Community Recommendations and Suggested Contract Provisions for the Twin Creek Salvage Timber Sale As first reference, it is fully apparent members of the Chiniak community put a good deal of thought and effort into producing recommendations to the Kodiak Island Borough regarding the proposed salvage of the Twin Creek Fire area. None of the comments below or intended to be disparaging or otherwise depreciate the time and significant effort they made. The thoughts I provide are based upon my knowledge of forest resource management in general and in particular, my 17 years of work experience administering the Alaska Forest Resources and Practices Act (AFRPA) in this geographic area. Comments about Loaning Roads and Access: Chiniak contract provision suggests following a logging road location plan as they have depicted on an associated map. 1. In accordance with AFRPA, the timber harvest operator is party responsible to provide a logging plan for State agency review. The intent is to allow the operator to establish access development that will best accomplish the project based upon his equipment and circumstances. However, numerous Regulations dictate the standards required for road development to protect surface waters, minimize forest soil erosion, etc, etc. I recommend this described process be allowed for this project and rely on the three State agencies (ADOF, ADFG and ADEC) involved to review road development plans and let them address changes as may be necessary to protect resources. 2. Chiniak comments reference the avoidance of logging road access in what is termed a "popular high use area". This is something that KIB can consider. However, any modifications to road access should be discussed with A-1 and weighted against how this change may impact the efficiency of logging operations and associated economics. 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 231 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 232 of 367 Comments about KEA Power Lines: Chinlak contract provision suggests that A-1 consult with the Kodiak Electric Association (KEA) and follow their recommendations. They also request that trees within striking distance of the be removed In conjunction with project operations. 1. It is prudent for A-1 to contact KEA when their operations will be working around power line infrastructure. However, I would make this an informal request on behalf of the landowner and I recommend against includes this as a contract requirement. 2. The salvage sale contract will define merchantable timber and Include logging ' these trees within the timber harvest boundary. It Is considered that trees adjacent to power lines within the project area will meet merchantability standards and be removed through the course of harvest operations. No further provision appears necessary for merchantable timber near power lines. However, and with further reference to the above discussion, It should be recommended that A-1 personnel exhibit heightened awareness for potential danger while logging near charged power lines. Scrutiny should be given to the safe felling of trees. Trees with apparent difficulty for felling should be marked and KEA requested to address the downing of these stems. Comments about protection of Fish Streams: Chinlak contract provision suggests a 200 -foot buffer be established along each bank of anadromous and resident fish streams. 1. With regards to this subject matter, It Is Important to note that while the lands near fish bearing streams may be owned by KIB, Alaska Statute (AS 41.17.116) requires the retention of trees In a defined riparian area for benefit of fish habitat. 2. The 2015 fire event created what might be termed as a "thermal clearcut" in close proximity to fish streams. Trees near streams will start to fall down In about 5 years and the stands will almost totally unravel within about 15 years. While an abundance of large debris will be beneficial to fish habitat In the short term, this material will be depleted over time. And by comparison, natural reforestation of the stream side areas will likely take between 50 and 100 years to reestablish. The summation is that fish habitat quality will be diminished for 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 232 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 233 of 367 an extended period time. Correspondingly, the productivity of these stream to produce fish abundance will be compromised. 3. As stark contradiction to Chiniak thoughts, I strongly encourage KIS to take an active role In managing the stream side areas in order mitigate long-term impacts and restore fish habitat attributes that were destroyed by the fire. The process for such action is addressed in AFRPA is called a "Variation from Requirements". As first step, A-1 and KIS must generate a proposal for a variation action in the riparian management zones. The development of this variation needs to fully address site specific conditions and take Into account mitigation of short term water quality Impacts while at the same time creating site disturbance sufficient to plant trees seedlings and regenerate habitat quality. From that point, It Is up to three State agencies to evaluate the proposal and agree, disagree or modify the plan. Comments about Private Property and Windthrow: Chiniak contract provision suggests the establishment of a 400 -foot harvest restriction _ buffer adjacent to private lands and the Chiniak library. 1. The "Silvics of North America" publication Indicates that windthrow Is the most common destructive agent for Sitka spruce. It Is not uncommon to occasionally see Individual trees uprooted in Sitka spruce forests. And occasionally, more significant Impacts are found. The most recent in south central Alaska I am aware of is an approximate 800 acre patch of blowdown trees near Port Graham that occurred a couple years ago. The point of reference Is that some tree blow down may likely occur with or without the recommended buffer. 2. The Chiniak comments has reference to trees that do not have a fully canopy because of fire consumption and are thereby less likely to fall from winds. It should be noted that natural fungus growth and Insects make use of the dead tree material. These are the agents that weaken tree fiber and enhance tree topple. 3. The comment information has reference to an apparent 1980's local fire In which trees remain standing for a long period. My experience relies heavily on a 1996 fire on Afognak Island that burned 1,200 acres. About A to 1/3 of this fire was in standing spruce. Not one Individual burned tree In this area can be observed as 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 233 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 234 of 367 standing today, 20 years later. As previously mentioned, I expect burned trees to begin falling within 5 years with most on the ground In about 15 years. 4. As conclusion, such a buffer area will begin to compromised in a few years and will not serve its Intended purpose. And In relation to the proposed salvage sale, the economics of leaving this buffer should be considered. And lastly, reforestation of this area will not be achieved In the near-term If a buffer is left in place. Comments about Erosion Control and Slopes: Chlnlak contract provision suggest that A-1 develop an "Erosion Control Plan" and that operations be avoided In the southeast portion of the burn area. 1. AFRPA has a series of Regulation standards which address protection of water quality and surface material erosion. These are referred to as 'best management practices" and have been the Alaska requirement for the past 13 years. These standards have a good proven track record. Additional erosion planning does not seem warranted for this area. And as final mention, It may be Informational to note that if the contractor does not meet AFRPA requirements for erosion control, he is subject to a $10,000 fine each day he is in dereliction of standards. 2. The Chiniak information Includes a series of photos depicting fire impacts to surface vegetation and suggestion that logging operations on these sites will correspondingly create significant soil erosion. As first means to evaluate this problem potential, I researched fire danger rating system "Indice values" for Kodiak on the date of the Twin Creek fire event. At that time period, the Kodiak area "duff moisture code" (roots and humus near the ground surface) was 24.9 which is a low rating. In other words, this material had comparative high moisture levels which would minimize significant fuel consumption. The "drought code" for Kodiak was also fairly low suggesting the fire only burned surface material but not deep Into the organic mat. In other words, an enhanced risk of surface erosion is not expected In the project area. And should Issues be discovered, A-1 will be required to perform within AFRPA logging practice standards to minimize erosion. 3. With regards to the southeast portion of the planned harvest area, it can be related that "shovel" excavator logging equipment can usually work up to 20% slope angle with limited erosion problems. With respect to this steeper ground, while this area might be Included in the harvest plan, site specific conditions will 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 234 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 235 of 367 need to be further evaluated to determine the potential for operations success. As mentioned above, A-1 will have to follow best management practices which will require mitigation measures to minimize significant soil erosion. And if this cannot be successfully accomplished, then other logging methods will need to be considered or perhaps deleting this area from project operations. Comments about Harvest area and Slash Management., Chlnlak contract provision suggests a harvest boundary which Is depicted on a map they provided be given to DNR and used as basis for project operations. They also have a subsequent provision discussing slash management and waste material. 1. A map produced by A-1 depicts planned logging of almost all fire Impacted trees on KIB land In this area. This map is tentative nature and subject to final discussions and agreements between A-1 and KIB. The final project map will be submitted as part of the Detailed Plan of Operations given to the state for review under AFRPA. As summation, KIB should consider the Chiniak map but rely on all Information available and professional judgement in determining what Is best for the KIB public as a whole. 2. Chlnlak recommends that enclaves or islands of trees not seriously impacted by fire be retained from logging. To this end, KIB Is considering contract provisions of this substance along with protecting smaller Individual trees not overly harmed by fire. 3. Chlnlak recommends that A-1 produce a slash management plan for consideration. Rather than a plan reference, KIB is considering contract provisions that will address slash material along with treatment of cull and unmerchantable log pieces that accumulate at log landing sites. Comments about Timber Harvesting Schedule and Loaaina Traffic Restrictions: Chlnlak contract provision suggests that A-1 consult with adjacent property residents regarding noise levels and hours of logging operations. They also address driving techniques and the use of "Jake breaking" 1. This proposal Is seemingly the "neighborly" thing to do and has merit in concept. However, any contract provision in this regard needs to take Into the account the 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 235 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Tmber Sale Contract Betw... Page 236 of 367 work progression and daily project flow needed by A-1 in order to achieve a successful production output level. 2. Similar to the above discussion, limiting use ofjake breaking to reduce truck speeds might be a neighborly thing to consider. Such delineations will be better addressed on an informal basis rather than by contract language. Comments about Gravel Pit Sites and Reclamation: Chiniak contract provision suggests locations standards for gravel sites along with reclamation requirements. 1. AFRPA has Regulation standards for the development and use of material sites to protect water quality and fish habitat. These standards are adequate for this project and further contract standards Is not required for this purpose. 2. The future of constructed logging roads and plans to keep the roads open for long-term public use or to close access after conclusion of reforestation efforts is currently under staff review. In plans call for road closure, correspondingly, It Is a good practice to close associated gravel material sites. For roads Intended to remain open, evaluation should be conducted to ldentlfy.the number and location of pits on each stretch of road access. It will be beneficial to leave one or more gravel sites open for long term road maintenance requirements. Comments about Environmental Permits and Compliance: Chinlak contract provision suggests Inclusion of language to address items such as fuel spills and hazardous substances. They also discuss provisions for A-1 operations at their log storage an transfer facility. 1. DEC has a set of Regulations that address the handling and storage of fuels, lubricants and other hazardous materials. Putting any such language Into the KIB timber contract will only serve as duplication of current State requirements and - does not outwardly appear to change or otherwise Improve project activity performance. 6 Contract No. FY2016-45 -A Salvage Tmber Sale Contract Betw... Page 236 of 367 AGENDA ITEM #13.A.1. 2. Chiniak suggestions for the log transfer site relate to federal programs that are outside the scope of a logging contract and are at another location away from the planned KIB salvage area. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 237 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 238 of 367 Recommendations of Chiniak Community Re: The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 8, 2016 Background At the Kodiak Island Borough Assembly (KIB) working meeting on March 31, 2016, the Assembly requested that Chinlak resident Scott Bonney obtain and consolidate the ideas and requests of Chiniak community residents with respect to the conditions that should be placed in a potential contract with A-1 Timber Consultants (A-1) to conduct a salvage logging program on the Borough's 900 acre tract of Sitka Spruce forest in Chiniak. The recommendations in this document pertain to recommendations and ideas of the Chiniak Community with respect to the KIB's management of a potential salvage limber harvest contract with A-1 Timber Consultants (A-1). Community recommendations on specific contract provisions are presented in a separate document. KIB Project Manager for Timber Harvest Contract The community feels strongly that the KIB should provide adequate resources to fund a contract timber harvest (forestry) subject matter expert (SME) to conduct oversight and field compliance of the salvage logging. Two field visits as suggested by one assembly member are clearly inadequate given the potential revenues to the KIB, the need to mitigate environmental and community impacts as detailed under separate comments and the likely 6-9 month schedule of logging operations. At a minimum bi-monthly field inspections should be conducted. The SME would also advise the KIB on various plans (e.g. erosion control, slash management etc.) that the logging contractor needs to prepare and implement per the AFRPA and community recommendations. The contract scope provided in the March 31 packet lacks specifics about what will be inspected and what would be in reports to the KIB and review of other related document. Suggestions for inclusion in the contractor's scope of work follow (in italics): The contractor shall review and advise the KIB on the adequacy on the timber harvest plan to be submitted to the Division of Forestry including various plans required by the AFRPA and KIB contract provisions (e.g. erosion control, slash management etc). The contractor shall conduct field inspections of the timber harvest operations in Chiniak. These shall include: - review of logging contractor compliance with its Division of Forestry Timber Harvest Plan and Alaska Forest Resources and Practices Act - review of lagging contractor compliance with specific provisions its contract with the Kodiak Island Borough pg 1&3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 238 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 239 of 367 Recommendations of Chmiak Community Re. The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 8, 2016 - review of logging contractor compliance with specific provisions its contract with the Kodiak Island Borough - review of logging contractor compliance with environmental permits (e. g. ADFBG The 16) The contractor shall prepare a report of the results of each field inspection. Those reports shall include: - compliance with the above noted plans, KIB contract and permits - recommendations for any required remedial actions or adjustments in timber harvest plans based on the results of the field Inspections and any environmental concerns and community issues raised related to forestry practices The contractor shall assist the KIB, as requested by the KIB, in responding to citizen complaints or concerns about the conduct of timber harvesting (related to forestry issues) that are conveyed using the KIB project web site" Public Review of Contactor's Timber Harvest Plar l The community of Chiniak requests that prior to submittal to DNR, a draft of the contractor's Timber Harvest Plan should be provided to Mr. Scott Bonney for a brief community review (3-5 days). The community's comments would be consolidated by Mr. Bonney and provided to the KIB for discussion with the contractor. Complaint Handlina Process The KIB needs to develop and Implement an efficient process to handle any community complaints about the conduct of the salvage logging program. We suggest that the KIB do this using a project web site through which residents can submit complaints or concerns which can be posted. The KIB should Identify on the web site a single point of contact for follow up and resolution of complaints. Dust Control on the Chiniak Hiahwav The heavy logging traffic related to the logging program on Leisnoi lands has led to dust Impact problems even though Alaska DOTPF has done limited summer time applications of a dust palliative. The KIB needs to work with the contractor and DOTPF to have dust control treatment at residential properties fronting gravel roads used by logging traffic. Past experience has shown an Initial early summer requires a mid -summer application to continue dust control through the dry months. Reforestation Although the Alaska Forest Resources and Practices Act (AFRPA) provides an exemption for reforestation of forests damaged by wildfire, we strongly believe that replanting should be conducted given the size of the area, proximity to the public and need to restore valuable habitat. Reforestation through planting of seedlings will provide many benefits Including to water quality (filtration and erosion control) related to pg. 2 of 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 239 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Bel... Page 240 of 367 Recommendations of Chiniak Community Re The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 2016 minimizing surface water runoff, provision of fish and wildlife habitat, and cleansing of the air. The KIB needs to put aside adequate funds from the revenues received from the salvage logging for this reforestation probably on the order of $300,000. Lessons learned from past reforestation efforts on Leisnoi lands need to be applied. Finally, the community is adamantly opposed to the application of glyphosate or other systemic herbicide In the reforestation efforts. Safety, Security and Long Term Management The KIB needs to develop a strategy and plan to ensure long-term public safety and management of the 900 acres as the habitat recovers from damage of the wildfire and salvage logging. Public access and potential alternate uses such as agriculture needs will have to be balanced with this recovery process and alternative land uses. The KIB should initiate a revision of the comprehensive plan for Chiniak as the present plan is totally irrelevant. Revising the comprehensive plan for Chiniak will provide a springboard to working with the community and other interested parties such as lands committee, parks and recreation committee and trails committee. pg. 3 of 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Bel... Page 240 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 241 of 367 L d a A j �Z y O = 4 y U - U 0 C may � Z' y �i 2 Y o a 2 ' Ymcv m --o>. a m a d c m c m O o._rnm A_o�i 0 i x a� =2 a o� 1 � E LC N J N � m N U N 3 E E cm z �.a E IV O.2 N O L Ov�imm d y y ES L mo d >m rno«o. ff00 U � y O) y O12 O ... Ol Oc'�wmmmU...3 L y 41 O` g'cm3acmrn m d O@ U O c cca�mE O C y O d y� OMa=ov �3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 241 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 242 of 367 Wahrenbrock Forestry Consultant Memo To: Duane Dvorak, Resource Mgt. Office From: �,, Date: April 11, 2016 Re: Reforestation of the Twin Creek Bum You asked that I produce information about reforestation for the Kodiak Island Borough land that was impacted by the 2015 Twin Creek Fire and which is now being considered for timber salvage logging operations. Please find attached is a "While Paper" entitled "Forest 11mcneration of the Twin Creek Burn — Timber Salvage Area." This paper explores the trajectory of forest reestablishment of the land if left to natural regeneration as well as information about artificial reforestation using commercial grown seedlings. I also discuss the major components that will be necessary for a successful reforestation program. Lastly, you asked that 1 provide thoughts about some of the "pros and cons" if the reforestation responsibility is assigned by contract to the prospective timber salvage company compared to being conducted by the Kodiak Island Borough. Please let me know if you have questions or need more details about reforestation of the fire impacted area. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 242 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 243 of 367 Wahrenbrock Forestry Consultant 36720 True Fir Circle Soldotna, Alaska 99669 37 t cars Aln,kn rnrcxtn Li pericncc The discussion below is prepared as a "White Paper" intended to inform officials and the public in general about matters relating to reforestation of the 2015 Twin Creek burn area located near Chiniak, Alaska. Forest Regeneration of the Twin Creek Burn — Timber Salvalze Area: Decision Points and Items of Consideration There are two alternative methods commonly considered for forest regeneration. One method is `natural regeneration", whereby seed bearing trees are relied upon to disperse viable seed over the intended area and these seeds will subsequently rind receptive microsites to germinate and grow. The second method is "artificial regeneration," whereby tree seedlings are planted. While transplanting of "wildling" tree stock has been utilized for small projects, almost all (99%+) of artificial reforestation in Alaska is achieved using tree seedlings produced at commercial nurseries. The Case for "Natural Regeneration" 1. Silvics of North America is an authoritative source for tree species information. For Sitka spruce, this publication indicates that trees start producing cones between 20 and 40 years of age. In Alaska, Sitka spruce is reported to produce good cone crops every 5 to S years. While seed dispersal of up to ''/l mile has been measured from ridge top trees, a more common seed dispersal distance is 100 feet from tree edge. 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 243 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 244 of 367 2. Given the circumstance of recent timber harvest on neighboring Lesnoi lands and along with the 2015 Twin Creek Fire event itself, the presence of healthy spruce trees capable of producing and dispersing seed material in the planned salvage harvest area is marginal, at best. 3. There are healthy forest areas unaffected by fire on the northern perimeter. Enclaves or small pockets of trees mostly unaffected by thermal degradation are located within the bum area. However, the benefit of these trees in relation to seed dispersal distance as outlined above will not bode well for replacing trees in the affected area. In conclusion, based upon my knowledge and experience, I expect natural regeneration of this site will eventually be successful. However, the process of forest regrowth will take time for trees to develop and produce viable seed, will be staggered in progression and require an extended time frame. My "best guess" is that it will take between 60 and 100 years to fully replenish trees in the burn area by natural reforestation alone. As context, if KIB has interest in actively managing this land for forest resource production, a timber stand with sawlog products having a rough value of $16 to $20 million can be achieved in a similar timeframe. Substantial benefit and arguments can also be made for restoration of salmon habitat, increased value for recreation, etc. The Case for "Artificial Reforestation" 1. The process of planting commercially grown tree seedlings has a high probability of success in reestablishing trees on the landscape in a relatively short time period. With properly grown and planted seedlings, a tree survival of 90%- 95% should be expected. Although, it should be acknowledged that the Chiniak area has recent history of herbivore (hares and voles) impact on tree seedlings and this should be taken into account with any reforestation plan. 2. In general, the strategy of planting tree seedlings within a short time period (]yr) after timber harvest has benefit. And this benefit canbesubstantial based upon site specific competition by grass and salmonberry. The mechanical ground disturbance created during logging operations often creates good microsites for tree planting location and seedling development. 3. Artificial reforestation provides opportunity for the landowner to consider introduction of other genetic qualities within the same family/species of trees that are planted. While "mother -nature knows best" is a common mindset, USFS research started in the 1970's on Afognak Island identifies that spruce from Juneau seed sources grow about 15% larger in size compared to local spruce in the same time period. Spruce provenance trial research by the Afognak Native Corporation suggests even better results with different seed 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 244 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 245 of 367 source locations. And lastly, Alaska Division of Forestry recently concluded a scientific panel review in their process of updating forest regeneration standards for Alaska. Their consensus is to consider tree seeds from a wider range of latitude location as a provision to address changing temperature regimes for the earth's climate. 4. If tree planting is a desired means of forest regeneration, then other tree species can be considered for planting. This may include other species found on Kodiak but not present in this particular area, such as black cottonwood. This species is generally fire resistant and may likely have greater benefit for anadromous fish habitat. In conclusion, the planting of nursery produced tree seedlings is the only apparent and reliable strategy for successful establishment of a new forest in the burn impacted area, and within a relatively short time frameless than many decades otherwise. Common Elements ofa Successful Reforestation Program 1. As a first step for artificial reforestation, a source of tree seed is necessary. Assuming KIB does not have a tree seed bank available, the task becomes a search for possible seed acquisition sources and a plan produced for what species and seed material will be adaptable to site conditions. 2.. Presuming viable seed material is acquired, the next principal step is to plan a timeline for reforestation actions. And with this, the timing of soliciting bids for commercial nursery tree seedling production is important. Using a tentative tree planting schedule of fall season 2017, it is prudent to proceed with nursery bids no later than October 2016. If waiting until November or December for this purpose, it is quite possible that available nursery growing space will already be fully obligated. In order for a nursery to produce a fall 2017 delivery, they will need to start preparing seed material and sow in late January or February, 2017. 3. Another important component for the successful survival of planted seedlings is evaluation, and as may be necessary, scarification operations to create favorable microsites relatively free of competing vegetation. Experience indicates planting trees soon atter logging operations are conducted is successful without any further mechanical disturbance of surface vegetation. However, if sites are already dominated by native blue joint grass or heavy salmonberry growth, then further work will be required in order to yield a successful reforestation effort. If a scarification project is necessary, this will require development of plans and timing, creation of scope work information, and then, a competitive bidding process, etc. Lastly, monitoring of planted growing stock is wise. Usually 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 245 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 246 of 367 scarification is adequate to depress vegetative competition for the time needed for _ trees to achieve "free growth" size. On occasion, however, post -planting maintenance operations to reduce competition with "spot treatment' around trees using herbicide material approved by EPA for this purpose (such as glyphosate) is an important consideration to retain good survival rates, perpetuate seedling growth and prevent the economic impact of further tree replanting costs. 4. The last major project is the tree planting operation itself. The tree planting is normally performed by private companies in this line of work. This is a specialty service with only a few companies available for contracting. A reforestation program takes an administrative effort to prepare bid and scope of work details. Once a contractor is identified and mobilized with coordination of the seedling delivery date, the work should not take long to complete. Probably around 1-2 weeks. During this time period, KIB should expect to have onsite supervision to ensure correct tree planting density along with quality control of seedling planting standards. A-1 or KIB? --- Which Party Should Conduct the Reforestation Effort? There are potential benefits and tradeoffs for each of these entities having the primary responsibility for completing the reforestation of the salvage timber harvest land. Items will be addressed in the following topical discussions. It may become apparent, however, at a later time that other factors should be added to this dialogue. 1. The logging operations will generate road access to within close proximity of all of the harvest area. The question comes into consideration if KIB desires/intends to leave the logging roads open or closed with respect to State AFRPA standards after logging. Associated with this question is the fact that some access onto KIB lands will be derived through the adjoining native road systems. Dependent of how these questions are resolved, it may well be an advantage for A-1 to conduct the reforestation operation. After tree planting is concluded, A-1 can then close out roads as necessary to meet contract intent and with presumption that long term road access through Leisnoi lands is not a preferred option. For this discussion, it is important to realize that road closure in advance of tree planting operations will create longer distances for tree planter movements between planting sites and their cache of tree seedling stocking. This has the potential of raising tree planting costs substantially. 2. If it proves to be the case that site preparation will be necessary to develop favorable tree planting microsites, then A-1 will have an advantage. Some of the same equipment used for logging operations will likely be capable of performing 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 246 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 247 of 367 the surface disturbance. This equipment will be onsite and not require further mobilization and project support for fueling, maintenance, etc. 3. In the event A-1 is selected as the primary reforestation entity, then KIB will be required in the near term to generate an addendum to the timber sale contract that establishes standards, dales and prescriptive deliverables in order to realize a successful outcome. It is not discounted contract negotiations for this purpose can be reopened at a later time. But it is considered an advantage for KIB to take the time necessary to investigate the options of tree seed sources that may be available and otherwise generale a reforestation plan with a longer period of deliberation. 4. It may be perceived as a matter of public viewpoint or opinion, that KIB as the landowner, should be "in control' and have direct responsibility for achieving regeneration of the fire impacted area. Not speaking to the merits of belief, but study of social viewpoints suggest a period of bereavement is common after major fire or insect infestation by individuals and communities closely interconnected with the neighboring forest environment Concurrently, low "score cards" are often given to the companies that salvage these nearby dead trees. 5. The major components and aspects of forest regeneration are outlined above, but there area great many more details involved. An advantage to KIB is to assign reforestation responsibility to A-1 as a contract requirement. Thereby, this will defer most additional staff work load for reforestation onto the Purchaser. Associated with this consideration, typically the process for acquiring services and materials is a more detailed or onerous task when comparing private companies and government. As example, a private company can produce a scope of work, bid this out and produce contract agreements in a few day period. Government oversight typically requires more time and a layered departmental process at each procurement step. Purchases in the $50,000 or $100,000 range often require more scrutiny and authorization review. 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 247 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 248 of 367 HI Duane I have some "talking paints" regarding proposed forest stewardship in the Twin Creeks bum area owned by KIS. What are the expected projected impacts and conditions if no action is taken? Twin Creek Burn — No Mgt. Action -- Expected Vegetative Evolution: • If no action is taken to salvage burned timber resource in the near term, this will mean a decision to forego fiscal value of timber resource. • Microorganisms and fungus material will quickly occupy fire -killed trees along with a group of wood -boring Insects. These agents will weaken tree structure material. • In about 5 years, the forest stand will start to unravel and within about 15 years, It is expected that 70% to 90% of the standing dead trees will be on the ground or "jack - strewed". • Decomposition of wood fiber Into humus and soil material occurs fastest with downed trees in direct contact with the ground. Rates of decomposition will be roughly 2-4 percent of tree diameter per year. Aerial suspended trees will decompose around 1-2 percent of basal size each year. • Given the recent history of logging adjacent to KIB land and fire intensity level which killed 90% of the forest stand, there will be scant/deficient amounts of spruce tree seed available to achieve natural reforestation In burn area. • Natures process of tree regeneration in the burn area will happen in small enclaves and will take around 60 to 100 years to fully reforest the fire scar. • It is expected that grasses (Calamagrostis canadensis) and salmon berry will dominate surface vegetation after dead trees unravel in the area. • For a period of about 20-30 years, traversing this area by critters with long legs, such as humans, bears and deer will be a challenge because of downed and elevated decadent tree material.' • Anadromous fish streams located in the area will at first benefit from the rapid accumulation of large woody debris Input Into streams and an associated Increase In micro -invertebrate populations. • Over time and as wood fiber depletes in salmon rearing areas, a long term reduction in habitat quality is expected with reduced fish population production. The actual result in fish benefit will be a "bell curve" shape. But for purpose of numbers and as rough estimate, starting in a time period of about 20-30 years from present, fish rearing populations in these stream sections will be reduced by about 20 —40 percent for about for around 60 to 80 years. I have several more questions and input with regards to road development for this project and right of way agreements, etc. Best Regards, Wade Wahrenbrock Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 248 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 249 of 367 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUMMARY Notice is given to the commissioner that an operation will be conducted on the lands described below and the completed maps attached, (AS 41.17.090). (Print or type) Operator: A-1 Timber Consultant inc (Entity Responsible for Field Operations) Operator's authorized representative: Tom LOushin, President (Contact Person) Operator's authorized representative signature: (DATE) Operator's representative address: 7205 West Rezanof Drive, PO Box 825 Kodiak Alaska 99615 City State Zip Code LEGAL DESCRIPTION OF OPERATING AREA 29 North Township: 30 NorthRange: 18 west Meridian: Seward Section(s): 31 and 32, 5 and 6 NEAREST TOWN/ VILLAGE: City of Kodiak ESTIMATED STARTING DATE: May 1, 2016 ESTIMATED COMPLETION DATE: December 31, 2016 VOLUME TO BE HARVESTED: 17,3 00. 0 0 (estimate) MBF TYPE OF ACTIVITY: Timber Harvesting and Associated Road Construction. 1 Form lo -11-34 (Ree M0106) Date Received: DPO 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 249 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 250 of 367 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS Operation name: 'Twin Creek Fire Salvage Sale (TCFSS) Name of nearest USGS named geographical landmark: chiniak Point (uscS Quad Kodiak C-1) Previously assigned DPO #: N/A Operator: A-1 Timber Consultants Inc (Entity Responsible for Field Operations) Print authorized representative's name: Tom Loushin, President Authorized representative's signature: Address: 7205 West Rezanot Drive, Kodiak, Alaska 99615 Telephone: (907) 486-8733 Fax: (907) 457-1936 E-mail: towaltimber.net Timber Owner: Kodiak Island Borough / A-1 Timber Consultants Inc Print authorized representative's name: Authorized representative's signature: Address: Telephone: Fax: E-mail: Landowner: Kodiak Island Borough Print authorized representative's name: Bill Roberts, Acting Kodiak Island Borough Manager Authorized representative's signature: Address: 730 Mill Bay Road, Kodiak, Alaska 99615-6398 Telephone: (907)486-9300 Fax: (907)486-9396 E-mail: broberts®kodiakak.us INFORMATION ON CORPORATION, LIMITED PARTNERSHIPS, GENERAL PARTNERSHIPS, OR JOINT VENTURES Information has been previously submitted to the Division of Forestry and there have been no changes in any of the business relationships or key personnel. Is this statement true? [X] Yes [ ] No If "no", complete and submit Page(s) I and 2 of Supplemental Information Form "A". Official Use On REGION/AREA: 30 DAYENDING DATE. RECEIVED BY. 2 F.1w1.34 (J?,, 06. abort) Dale Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 250 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 251 of 367 (I NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS MAP SPECIFICATIONS Attach a USGS quadrangle or similar Vicinity Man, at a 1:63,360 scale (I inch =1 mile) suitable for black and white duplication on 8 %dkl I" paper which clearly shows the area of operations, a north arrow and if available, the legal subdivisions defining the area. In addition to the above Vicinity Map, the items listed below are required to be identified on a Detailed Plan of Operations Man (11 AAC 95.220(a)(3)). The plan map should have the following areas identified or estimated if conditions exist that might influence ' their final location. If any of the items are missing without adequate explanation, this notification will be considered incomplete. The 30 -day review period will not begin until this DPO is submitted in a complete form. The detailed map of operations should be readily reproducible in black and white in a standard size format. However, large formats or colored maps are acceptable if needed for clarity. If more than one sheet is required to adequately show operations, provide matchlines or reference each as a set of drawings i.e. Sheet lof 4, etc. Submit four (4) copies of your operation plan map. Adequately label notable topographic features on each map ( i.e. water bodies, etc.). Does your operation man identify the following items? If "no" explain why. Yes No Explanation /notes Road Types Permanent [X] [ ] Identified on Maps Temporary [X] [ ] Identified on Maps Winter road [ ] [X] N/A Roads to be closed [x] [ ] Identified on Maps Inactive roads [ ] [X] None proposed Material extraction sites [x] [ ] Identified an maps End -haul sites and spoil deposit areas [ ] [x] None proposed Areas of unstable soil conditions [ ] [X] None observed Unit boundaries [X] [ '] Identified on Maps Yarding methods and landing areas [x] [ ] Identified on maps Classified surface water locations [x] [ ] All known Stream crossings and drainage structures [x] [ ] Identified on Maps Proposed activities in riparian areas [X] [ ] Identified on maps Sort yard and solid waste sites [x] [ ] sore xerd ie c.. =.cord, m icipal 1e fill Log transfer or barge facility [x] [ ] on record Housing facilities, fuel storage [ ] [x] N/A Section, township and meridian lines [x] [ ] Identified on maps North arrow, scale bar, plan date [X] [ ] Identified on maps 3 F 1x4144 pt<, on n1 art/ Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 251 of 367 AGENDA ITEM #13.A.1. J DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL ACTIVITY SUDINIAR1' SIIEET Complete the following summary of harvest units and silvicultural actions for all submitted areas. -See attached table.• Unit Label Acres Type of Activity* ^ n Anm[ iso. n� TOTAL ACRES: 729.0 (If more than one kind of activity, list totals by activity.) * i.e. harvest, thinning, planting, etc. 4 ba. /0.41.34 (B" 06 0/ 061 Date Received: DPO k Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 252 of 367 AGENDA ITEM #13.A.1. Detailed Plan of Operations Harvest Unit & Silviculture Activity Summary Sheet Twin Creek Fire Salvage Sale Unit Num Acres Activity_Type Section(s) TWP RNG Actual Layout KS -01 77.0 Salvage Harvest and Reforestation 31&32/5&6 29S/305 18W No KS -02 336.0 Salvage Harvest and Reforestation 31/06 295/305 1BW No KB -03 8.0 Salvage Harvest and Reforestation 31/06 295/305 law No KS -04 308.0 Salvage Harvest and Reforestation 5&6 30 S 18 W No Total: 729.0 Salvage Harvest an Reforestation Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 253 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 254 of 367 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as a group. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): All unite (KB -01, xH-oz, to3-03 & ro3-04) Which of the following best describes the unit's topography? [x] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 670/.? ow TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage [ ] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METHODS: [x] Chainsaw [x] Feller-Huncher [ ] Whole Tree Processor [ ] Other . YARDING METHODS: [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ I Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [x] NO [ ] Helicopter [ ] Other (Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor. List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown on the attached Harvest Plan Maps. 5 Form 1"1.34 (Rau 060106) Dare Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 254 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 255 of 367 w f o U J U 0 LL Y LL R f/1S � Y� N N Y _C rtllll100M U i i=ce ooh l �W aiy � m Y w 0 Cu /(0 V/ O � w wa..� q'm m o m VJ M W a- o y Q ` \\ J2 r--./ Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 255 of 367 AGENDA ITEM #13.A.1. DETAILED PLAN OF OPERATIONS ROAD ACTIVITl SUMNIARV SIIEET Complete the following summary of road actions for all submitted areas. -See Attached Table. - Road Label Road Miles Type of Activity* Units Along Road n o , n A � v;,N TOTAL MILES OF NEW CONSTRUCTION: 6.5 " i.e. new construction, closure, reconstruction, etc. Fa m 10.41-34 MH , 06 el D6) Dale Received: OPO At Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 256 of 367 AGENDA ITEM #13.A.1. New Road Construction Details for Twin Creek Fire Salvage Sale Name Miles Actlxlty_Type Sectianlsl TWR RNG Actual leyaut7 Unit KIB-ML 15 New Construction 58,6 30S 18W No KB -04 KIB-ML 1.3 New Construction 31/6 295/305 18W No KB -02 KIB-A 0.7 New Construction 6 30S 18W No KS -02 KIB-A 0.4 New Construction 31&32 295/305 18W No KS -01 NIB -B 0.7 New Construction 6 305 I8W No KB -02 KIB-C 0.6 New Construction 6 305 law No KS -02 NIB -D 0.3 New Construction 5 305 18W No KB -04 KIB-a 0.1 New Construction 6 305 18W No KB -02 KIB-b 0.2 New Construction 6 305 18W No KB -02 KIB-c 0.1 New Construction 6 305 18W No KB -04 KIB-d 0.1 New Construction 6 305 law No KB -04 KIB-e 0.4 New Construction 6 305 18W No KB -04 KIB f 0.1 New Construction 36 29S 19 W No KB -03 KIB-B 0.1 New Construction 5 305 SBW No KB -04 Total: 6.5 New Construction Unit 2012.36 spur 0.7 Existing Road 36 29S 19 W Yes KB -03 Unit 2012-35 spur 0.4 Existing Road 32/5 295/305 law Yes KB -04 Chiral, Highway 35.0 Existing Road N/A N/A N/A Yes All Units Total: 36.1 Existing Road Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 257 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 258 of 367 NOTICE OF OPERATTONS DETAILED PLAN OF OPERATIONS ROAD CHARACTERISTICS If the road activities share a similar location and topographic characteristics, list them on this page as a group. If the characteristics of the roads are different, list each road on a separate page. Attach additional detail pages m necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. ROAD IDENTIFICATION(S): All new constructed roads as indicted in the attached New Road Construction Details. [x] New Construction [ ] Reconstruction [ ] Closure ROAD CONSTRUCTION DETAILS: METHOD: [x] Modified natural sub -grade with rock fill overlay. [ ] Modified natural sub -grade with mineral soil overlay. (] Modified natural sub -grade with winter/ice road construction: One winter only More than one winter [ ] Unmodified natural sub -grade, natural running surface. [ ] Reconstruction of one of the above methods (check one). [ ] Other This road is: [ ] Permanent [ ] Temporary What percent of the road occupies side slopes in the following categories: loot 0-30% 30-67% >67% Are you removing or replacing drainage structures? [ ] YES [x] NO Will the road building be done by the: [x] operator [ ] operator's contractor If"contractor", has the contractor been copied this plan of operations? [ ] YES [ j NO Name of road contractor: 7 Fora, 1441-J4 M,, 06.0f46) Date Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 258 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 259 of 367 • I UI i 2 R' b m @ a pp 0 9� 0 0 A m d� 0 L U U m 2 MAMMON I I I I.O MON I t a m 1 - Y 1 v m f I \I m Y I \ Cm M I KIBb cn a W -0 Y 0 O Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 259 of 367 AGENDA ITEM #13.A.1. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS WATER AND SOIL QUALITY CHARACTERISTICS Is there evidence of previous mass soil movement or surface erosion on the proposed road route or in the unit? If so, where and what methods will you employ to minimize additional soil movement in the future due to your activity? T to the fires characteristics. No erosion has been observed. if erosion is observed to be occurring, beat management practices, such as water bars, slash placement, or water diversion techniques will be employed to address the situation. List each known or suspected classified stream (I IAAC 95.265) that will be crossed with a road: -see Attached Table. Stream Label at,--- Road Label and Location Type of Structure Description Proposed RrquoC Ya,r Na Y�Noc (Slow the locationis) on lire operation map and label them appropriately.) List each unit that abuts or encompasses known or suspected classified waters: -See Attached Table. - Unit Label 51rvini Stream Label Trpa Variation Re uests Nana Anachc0 Later Y�Noc (Show lite location(s) on operation map and label them appropriately.) Detail operational activities that you plan to perform within the riparian areas of classified waters (1 I AAC 95.265), such as stream crossings, road ROW, skyline' corridors, tail -holds, yarding, etc. Show the location(s) on the operation map. The only anticipated activity proposed in riparian areas of classified waters are strearn crossings. These crossings will be in or constructed per AFRP regulation and best management p actices. All known classified waters are shown on the attached harvest Plan map. Form 1041-34 (Rev. 0e 0106) Dare Received: DPO N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 260 of 367 AGENDA ITEM #13.A.1. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of Known Classified Streams that will be Crossed with a Road Stream Label Stream Type Road Label and Location Description Type of Structure Proposed sRevisit Requested Y - /N. Capelin Creek Tributary 259-25-10030-2001 1A KIB-ML/31-29S-18W Bridge Yes Big Creek- 259-25- 10040-2010 1A KIB-ML/6-305-18W Bridge Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 261 of 367 AGENDA ITEM #13.A.1. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of each unit that abuts or encompasses known or suspected classified waters: Unit Label Stream Type Stream Label Variation Request Site Visit Request? Yes/No None Attaohetl Later KB -01 lA Big Creek -259-25-10040-2010 x Yes KS -02 SA Capelin Creek -259-25-10030 x Yes KB -02 1A Big Creek. 259-25-10040-201D x Yes KB -03 IA Capelin Creek -259-25-10030 x Yes KB -04 SA Big Creek. 259-25-10040.2010 x Yes KB -04 1A Little Creek -259-25-10040-2010-3020-4010 x Yes KB -04 IA Chinlak River -259-25-10040 x Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 262 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 263 of 367 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS INSECT INFESTATION OR DISEASE CONTROL METHODS In Regions It & III (and Region 1, if notified by the DOF) slash management for spruce trees or limbs greater than live (5) inches in diameter will be accomplished by: [ ] Manufacture into cants, lumber, house logs, chips, or firewood. [ ] Burning, subject to applicable regulations (anticipated date of bum: 1. [ ] Leaving limbs only. dried by uniform scattering in areas open to sunshine. [ ] Chemically treated, subject to applicable regulations; [ ] Stored in an appropiate manner, as specified (attach correspondence); [x] Other methods (attach correspondence to be approved by the Division). All material 5 inches and greater is anticipated to be utilized as firewood or other uses. i 9 m, Fu10-11-3! (Rev 0601 06) Dale Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 263 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 264 of 367 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS REFORESTATION COMMITMENT Regeneration of forested land is required within a specified time frame for each Region by the Alaska Forest Resources and Practices Regulations. See Sections 11 AAC 95.375, .380 and .385 for information on landowner's responsibilities. Operatars in Regions 11 and III must It[[ out Supplemental Sheet "L" unless a land use conversion or exemption float reforestation is requested. An exemption from the reforestation standards may be given if the landowner can demonstrate to the satisfaction of the Area Forester that: I. The stand is significantly composed of insect and disease -killed, wind thrown, fire killed, or fatally damaged trees; 2. The land will be convened to another use in accordance with I 1 AAC 95.200; 3. The stand will have a residual amount of trees that meet the minimum standards set out in I I AAC 95.375(b) (3) and (4). [x] Land owner requests an exemption from reforestation under I IAAC 95.375(8). Submit supporting documentation as per the Alaska Forest Resources and Practices Regulations or as directed by the Division of Forestry. [ ] Land use conversion (include a letter to the Division of Forestry stating the nature of the conversion, i.e. commercial, residential, agriculture or recreational land use). REGENERATION METHOD [ ] Landowner will rely on natural regeneration of the site. [ ] Landowner will be artificially regenerating the site. Species and source of seedlings or seed: Date of proposed artificial planting: What method of site preparation will be used? If different types of preparation methods are to be used in the notification area, attach adequate detail to define their location. When will site preparation be accomplished? Itt F.. 1041-3J(Rnr. 06 0106) Date Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 264 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 265 of 367 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "A" CORPORATION. LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, OR.IOINT VENTURE INFORMATION INSTRUCTIONS: Corporation, partnership or joint venture information is required by 11 AAC 95.220(b). After the initial submittal of this information, subsequent Detailed Plan of Operations need only make reference to the previously submitted materials. If any of the business relationships or key personnel change during the notification period, this form must be resubmitted as appropriate to maintain compliance with 11 AAC 95.220(b). ---------------------__---- ------- _-_---- _..._-___............. _._ The following information applies to the: [X] Operator I ] Timber Owner I ] Land Owner In accordance with 11 AAC 95.220(b), CORPORATION: "a corporation must he identified by a copy ofdte corporation's certificate of incorporation and articles of incorporation showing the corporation's nanle and articles of incorporation," [ ] Copy attached Also disclose "The identities of the registered agent, president, vice president, secretary, and treasurer" below: • A copy is on file with the Division" Registered Agent No change President No change Vice President No change Secretary No change Treasurer No change LIMITED PARTNERSHIP: "must be identified by a copy of the limited partnership agreement, evidence of fling of the limited partnership in the real property records as required by AS 32.11, and by the names and addresses of all general partners. [ ] Copy attached (including names and addresses of all parties) [ ] Evidence of filing in Recorder's Office, attached Form /aJl-3J(Rev. 0E 01 0s) 1 Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 265 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 266 of 367 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "R" MINING RECLAMATION ACT CERTIFICATION This page of the Operations Plan need only be filed once a year for a particular operation area if all statements on this form we applicable to subsequent notifications during the current calendar year. Silvicultuml operations according to Sec 27.19.050 of the Mining Reclamation Act are exempted from bonding and annual reclamation plan filing where less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any you and them is a cumulative disturbed uca of less than five acres at one location. Pursuant to I I AAC 97.250, A -I Timber Consultants Inc. certifies that: [Company Name] 1. With respect to any material site to be established or operated in the current operating year that lies within the operating area covered by operations titled Twin Creek Fire Salvage Sale (TCFS) , DPO N/A a. the total acreage and volume of the material to be mined from each material site are within the limits set out in AS 27.19.050(x)(2); b. A-1 Timber Consultants Inc will reclaim all acreage required to be [Company Name] rehabilitated under 11 AAC 95.325; and C. A-1 Timber Consultants Inc. in compliance with the rehabilitation [Company Name] measures required under I 1 AAC 95.325 will constitute the reclamation measures to be used to reclaim the total area mined; and 2. With respect to any material site established or operated in any prior year that lies within the operating area covered by this plan of operations: a. the area and volume mined from each material site are within the limits set out in AS 27.19.050(x)(2); and b. each material site is in compliance with I 1 ACC 95.325 Dated: A -I Timber Consultants Inc. [Company Name] By: Title: President A -I Timber Consultants Inc Fnrm 10-41-34 (Rse 06 0106) Dare Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 266 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 267 of 367 6 — o COCL_ cc '\ C �aJ UIM13' Cu .� fn U_ CO Y1a ugsoa 4� �o a Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 267 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 268 of 367 6 m O o N `o m_ m _ a 'O — d �y pO q A T cJ d fn J J 8 Y J LL Yd m m a �u• W � O O m m _ > m O o s tp a o p a x CO Q � L � y � _ o x 3 i O J � U O U / Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 268 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 269 of 367 C K W J m K K v a c c 9 22, 6 ( -7i e i t I DOME I � .n 1 N�ial10) �' � Q � 4 Y Y � U U) O QRS VJ C6LLI I mem y u Q Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 269 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 270 of 367 C 11tMW 2 y p L N O U m dCL ^o r .J Um m 6 Y li d Ul N Y K N Y aq rL 0 0 n m 4 ? m \ \ g om m m i 9 dY Li Kjo-b � U a Co °4 O "— (n o m \ ai � y � M _ fQ CO ° c Y N ) CO CO Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 270 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 271 of 367 O =m o \� C WW J K K„ d y a=„ \O] NI U �$ i0 0 II 07 J U O m J II o m Y �6P /� 6d Y G � L U) 0 / cc ' /J > m / in 00 Y Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 271 of 367 AGENDA ITEM #13.A.1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 272 of 367 = K d a a c ml � C IK W J� K K C d d o d U' y .• d E a Si - o d O II a 1 � 1 S. Y a� U) S. U � 0.S � w O 0)00 O '\ (U CO 09 N o m CO Y Y4 j E m 8 8� K10 -b i Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 272 of 367 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH CONTRACT NO. FY2016-43 TWIN CREEKS FIRE SALVAGE TIMBER SALE CONTRACT NEGOTIATED SALE WITH A-1 TIMBER CONSULTANTS, INC. See AS 38.05.117 & AS 38.05.118(c)(3) The Kodiak Island Borough ("SELLER" and "KIB"), under authority of KIB Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and A -I Timber Consultants, Inc. ("PURCHASER" and "A-1") does hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This Contract is effective as of April 22, 2016 ("Effective Dale"). TABLE OF CONTENTS 1. SUMMARY OF AGREEMENT................................................................................................................2 2. DEFINITIONS............................................................................................................................................2 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE ...........................3 4. RESERVATIONS........................................................... _......................................................................... 4 5. RIGHTS OF ENTRY AND USE................................................................................................................4 6. TERM OF CONTRACT.............................................................................................................................4 7. PAYMENTS.............................................................................................»................................................5 8. PASSAGE OF TITLE.................................................................................................................................5 9. SUBMISSION OF DETAILED PLANS OF OPERATION......................................................................5 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS.......................................................5 11. TIMBER OPERATIONS........................................................................................................................6 12. RISK MANAGEMENT..........................................................................................................................8 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY...............................................9 14. DEFAULT BY A-1..............................................................................................................................10 15. INTERIM AND FINAL ACCOUNTING............................................................................................11 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT...... 11 17. NOTICES AND PARTIES' REPRESENTATIVES............................................................................12 18. ASSIGNMENT OF CONTRACT........................................................................................................12 19. LIENS...................................................................................................................................................12 20. REPRESENTATIONS AND WARRANTIES.....................................................................................13 21. VALID EXISTING RIGHTS: ............................................................................................................... 14 22. GENERAL PROVISIONS...................................................................................................................14 EXHIBIT ATIMBER SALE AREA MAP.......................................................................................................16 EXHIBIT BTIMBER SALE DESCRIPTION..................................................................................................17 EXHIBIT CINSURANCE POLICIES.....................................................................................................:.......18 Kodiak Island Borough Avin Creek Fire Salvage Timber Sale Contract Page I Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 273 of 367 AGENDA ITEM #13.A.1. 1. SUMMARY OF AGREEMENT • The Kodiak Island Borough owns land near Chiniak that contains standing and down timber that was damaged by fire in late August 2015 as part of the Twin Creeks Fire. The fire -damaged timber in the Chiniak area will lose substantial economic value if not salvaged within two years of being damaged. • A-1 Timber has the background, experience, and capacity to harvest, transport, and sell standing and down merchantable timber that meets the United States Department of Agriculture Phytosanitary Certificate requirements. • This agreement is for approximately twelve months: 22 April 2016 to 30 April 2017. • Quantity: All Merchantable Timber within the Timber Sale Area except for designated habitat and riparian management zones. • Price: per thousand board feet ("MBF") net Scribner scale. • In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the KIB and A- I agree as follows: 2. DEFINITIONS Definitions shall include all terms defined by 11 AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govern. A. "MBF" means one thousand board feel, net Scribner scale. B. "Construction Materials" includes rock, sand, gravel, logs used for road sub grade or bridge construction, and other construction materials located in the Timber Sale Area. C. "Environmental Contamination" means pollution resulting from the "release' [as that term is defined in AS 46.03.826(9)] of a "Hazardous Material." D. "Hazardous Material" means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. § 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hazardous and toxic substance, material or waste which is or becomes regulated by any governmental authority. Without limiting the forgoing, "Hazardous Material" includes hydrocarbon fuels such as diesel, fuel oil, gasoline, and lubricating oil. E. "Laws" mean all applicable federal, state or local statutes, regulations, rules, ordinances or permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 274 of 367 AGENDA ITEM #13.A.1. F. "Merchantable Timber" means all logs designated under this Contract that (a) measure a minimum of 8 inches in diameter on the small end, (b) measure a minimum of 16 feet in length, (c) have a minimum of 30 board feet, (d) meet all requirements for a United States Department of Agriculture Phytosanitary Certificate issued by the Alaska Division of Agriculture, and (e) are not used for road sub grade or bridge construction as set forth herein. G. "Detailed Plan of Operation" or "DPO" means the detailed plan of operations required pursuant to AS 41.17.090 and related state regulations. H. "PURCHASER" means the purchaser of timber, purchaser's agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. 1. "Road Standards" means road and bridge construction, maintenance, and closeout standards as required under the Alaska Forest Resources Practice Act ("AFRPA") and AFRPA regulations, including 11 AAC 95.290. J. "Roads" includes all roads, bridges, landings, culverts, and any other transportation facility PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. K. "Slash" means all woody debris resulting from PURCHASER's Timber Operations or from construction or roads or other improvements in the Timber Sale Area. L. "Timber" means all trees, living or dead, standing or down, located within the Timber Sale Area M. "Timber Harvest Unit(s)" means the unit(s) of Merchantable Timber located within the Timber Sale Area, as designated by the Detailed Plan of Operations. N. "Timber Sale Area" means the real property upon which it is reasonably necessary for PURCHASER to conduct Salvage Timber Operations under this Contract as depicted on Exhibit A and described in Exhibit B. In the event of any conflict between Exhibit A and B, Exhibit B will control. O. "KIB Land" means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the land. 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE KIB sells to A-1, and A-1 purchases from KIB, all of the Timber, whether standing or down, within the Timber Sale Area as depicted on Exhibit A and described in Exhibit B, at the price and upon the terms set forth herein, whether harvested or not, subject to the provisions under Paragraph I O.0 (Risk of Loss). This sale is known as a "stumpage" sale wherein A-1 is purchasing certain standing and down timber owned by the KIB for which A-1 will pay the KIB for all merchantable logs severed based on a net Scribner scaled volume as determined by an independent third party. Upon payment of the performance bond under Paragraph 12.D, title to the timber in the Timber Sale Area, whether standing or down, transfers to A-1. A. This Contract is for the sale of salvage timber within the meaning of AS 38.05.117, which is sold "AS ISP The Parties recognize and agree that for the salvage timber to be merchantable and for the sale of the salvage timber to he economically reasonable, the logs must meet all requirements for a United States Department of Agriculture Phytosanitary Certificate ("Phytosanitary Certificate"), which is Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 275 of 367 AGENDA ITEM #13.A.1. issued by the Alaska Division of Agriculture. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A -I may suspend all logging operations and terminate this Contract. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. ?=tTa>; _"J'17411[iR6� The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair A -I's operations under this contract, as determined by the KIB. A-1 will avoid using the roads on KIB land when doing so could damage the roads. Use of roads on KIB land may be suspended during breakup or other wet weather conditions at the discretion of the KIB. The KIB hereby reserves the right to use any. road constructed by A-1 under this contract for any and all purposes in connection with the protection and administration of KIB lands. Roads constructed or used by A -I under this contract may be used by third parties in connection with the utilization of KIB or other resources adjacent to the road, provided that on spur roads, such use shall not materially interfere with the operations of A -l. M 9 tell &T9120211 Y i "2100"Jmy During the Tenn of this Contract and to the extent it is legally authorized to do so, the KIB hereby grants to A-1 the non-exclusive right to enter upon and use the Timber Sale Area and associated access routes across KIB land in accordance with the terns of the Detailed Plan(s) of Operation and other applicable provisions of this Contract. The granted rights include the right to construct Roads to and within the Timber Sale Area and to use Construction Materials within the Timber Sale Area Said rights will be exercised as reasonably necessary and at A -I's cost in strict accordance with the Detailed Plan(s) of Operation, applicable provisions of Law, and other applicable provisions of this Contract. Construction Material rights granted' hereunder shall not be used to provide benefits to parties other than A- 1. 6. TERM OF CONTRACT The Term of this Contract shall commence upon the Effective Dale and terminate April 30, 2017, or the date that all obligations under this Contract have been completed, whichever is earlier. If A-1 is prevented or delayed from performing any of its obligations under this Contract by reason of fire, strikes, riots and civil commotions, war and acts of public enemies, storms, floods, and other unusual climatic conditions, including droughts, and acts of God, and any other such cause which is similar in nature to the foregoing and which is beyond the control of A-1 ("Force Majeure"), the Tern shall be automatically extended for the period that such Force Majeure continues in effect plus an additional reasonable period thereafter, to be mutually agreed upon in writing by the KIB and A-1, to allow for harvest and removal of the Timber within the Timber Sale Area All other terms and conditions of this Contract will remain in effect during periods of Force Majeure. Lack of funds on the part of A-1, adverse market conditions, KIB approval or assistance delays, or similar conditions shall not constitute Force Majeure. In the event that A-1 desires to extend the term of this Contract for reasons other than Force Majeure, such extension may be granted by the KIB, at the KIB's sole discretion, in consideration for the advance payment of no less than $500.00. The total extension time may not exceed one year. If the contract is extended, the KIB may enter into redetermination of the stumpage fees with A-1 if it deems it in the KIB's best interest. Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 276 of 367 AGENDA ITEM #13.A.1. 7. PAYMENTS A. Purchase Price: $ per thousand board feet net Scribner Scale. B. Payment: A-1 shall pay the KIB on a semi-monthly basis on the 1" and 15" of each month for all scaled logs according to the independent scaling company's weekly certificates of scale identifying how much timber has been scaled. The weekly certificates of scale are regularly issued on Mondays for the prior week. A -I's payment to the KIB shall be based on the weekly certificates of scale received 5 days before the semi-monthly payment is due. If the 1" or 15" of any month falls on a weekend or holiday payment will be remitted the following business day. In the event that logging operations are suspended, for any reason, for a period of 60 consecutive days, the Parties shall estimate the amount of timber cut, but not scaled, and A-1 shall pay the KIB the estimated amount. If the KIB and A-1 differ in their good faith estimates, then the estimates shall be added together and divided by two to determine how much A-1 shall pay the KIB. If logging activities continue after a 60 consecutive day suspension, then the estimated amount paid the KIB for the timber cut but not scaled shall be credited against the logs scaled. Pacific Rim Scaling Bureau will be the independent scaling bureau of choice unless both parties agree to an alternate scaling bureau. Timing and delivery of scaling reports shall be determined and mutually agreed by the parties. A -I will authorize KIB access to volume data produced by Pacific Rim Scaling Bureau. A-1 is responsible for paying the cost for Pacific Rim Scaling Bureau in its entirety. 8. PASSAGE OF TITLE Upon payment of the performance bond under Paragraph 12.1), title to the Merchantable Timber in the Timber Sale Area, including standing or downed timber, transfers to A-1. The risk of loss or damage will be allocated as provided in Paragraph 12 (Risk Management) herein. 9. SUBMISSION OF DETAILED PLANS OF OPERATION The Parties shall meet within 15 days of the Effective Date of this Contract to determine the volume of timber to be cut this year and during the third quarter of 2016 to determine the volume of timber to be cut next year. The Parties will also determine where A-1 will harvest the timber. Based on the Parties' determinations at the meetings, A-1 shall prepare a draft DPO for the harvest activities and deliver the draft DPO to the KIB for review. The KIB shall promptly review the DPO. Within 15 days after A-1 delivers the draft DPO, the KIB shall: (a) approve the DPO, (b) identify specific modifications or changes necessary for it to approve the DPO, or (c) state the reasons why the KIB will not approve the DPO. If the Parties have reached agreement and signed the DPO for this year or for next year, or have agreed to renew the 2016 DPO, A-1 shall submit the signed DPO to the State of Alaska for approval within 30 days of the Effective Date of this Contract for this year and no later than 30 November 2016 for next year. Within 15 days of the date that A-1 has completed harvesting of a harvest unit identified in the DPO, A-1 shall provide written notice to the KIB that it has completed harvesting of the harvest unit. 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A. Compliance with Laws. A-1 shall conduct all Operations in compliance with the Law. Responsibility for operating in compliance with the Law and rectifying any instances of non- compliance rests solely with A-1. A-1 must also comply with the specific requirements of applicable laws specified in this contract that apply to this timber sale. B. Responsibility for Acauisition of Permits. Authorizations and Approvals. A-1 is responsible Kodiak Island Borough Tivin Creek Fire Salvage Timber Sale Contract Page 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 277 of 367 AGENDA ITEM #13.A.1. for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost C. Notification of Violation. Within twenty four (24) hours of A -I's knowledge, A -Ir must notify the KIB and applicable regulating agencies of any regulatory or permit violations that have occurred as a result of actions by A-1 or A -I's agent, representatives, contractors, subcontractors, or other individuals or entities operating on behalf of A-1. In the event of a citizen complaint, A-1 has no duty to notify the KIB if A -I in good faith believes there is no basis for a claim of regulatory violation or A-1 reasonably believes the KIB has notice of the citizen complaint. 11. TIMBER OPERATIONS A. DPO Requirements. Unless otherwise provided for, A-1 shall be responsible for performing its operations based on new and existing road and unit layout and design. A-1 must do so in strict compliance with applicable Laws and the approved DPO. B. Utilization. Unless otherwise mutually agreed upon by the KB and A-1, A-1 is required to yard all logs that meet the definition of Merchantable Timber. C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sake Area, and not creating slash piles within 100' of identified residential properties, the tsunami/library lot, or the unit cutting lines. D. Stumo Height. Stumps shall not exceed on the side, adjacent to the highest ground, twelve inches, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. E. Reforestation. The KIB is responsible for all reforestation, including all reforestation obligations required under applicable Laws. The KIB will develop a reforestation plan and specifications that may be put out to bid after the salvage harvest has begun and shall be addressed in such time frame to allow adequate seed source to be secured for planting no later than Fall 2017. This Contract is a sole source contract, and any reforestation contract will be by a competitive bid process that A-1 may participate in. A-1 will work with the successful bidder to reasonably accomplish reforestation. F. Roads. A-1 must, at its cost, construct, reconstruct, and improve roads in accordance with applicable AFRPA laws and regulations and the DPOs. It is the responsibility of A-1 to enter into agreements with adjoining land owners as to any shared use maintenance requirements, or fees, paid by A-1 on roads owned or maintained by other entities, including, but not limited to private, federal, state, and local landowners or administrators. A-1 must obtain all necessary permits and approvals (including any road use agreements) and provide copies to the KIB. A-1 shall obtain the necessary permit from the Alaska Department of Transportation for the proposed intersection of the logging road at Capelin Creek and the Chiniak Highway. All borrow and waste areas utilized in the construction or maintenance of the roads and facilities by A-1 require the submittal of development plans and approval by the KIB prior to development. A-1 shall not create any borrow pits within 100' of identified residential properties or the tsunami/library lot. Unless otherwise requested by the KIB, A-1 shall reclaim borrow pits in a manner to allow reforestation by the KIB. By separate sole -source contract, the KIB may contract with A-1 to harvest timber at the tsunami/library lot Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 278 of 367 AGENDA ITEM #13.A.1. and install a gravel parking area. G. Maintenance. During the Term of this Contract, A-1, at its cost, must maintain the Timber Sale Area, Roads, and all other improvements used by A-1 in connection with this Contract, in a clean, sanitary, and safe condition and in accordance with applicable Laws, the DPOs, and the provisions of this Contract. A -I may share maintenance obligations with other Authorized Users of the Timber Sale Area, subject to the terms and conditions of joint use agreements that are approved in writing by the KIB. Cleanup measures and other maintenance must be kept reasonably current with timber harvest operations. H. Fire. A-1 must take all necessary precautions for the prevention of forest fires and shall be responsible for the suppression costs of any and all destructive or uncontrolled fires occurring within or outside the contract area resulting from any and all operations involved in the removal of the timber under the provisions of this contract. AS 41.15.050 establishes the fire season from April 1 — August 31, inclusive, during each year. (1) Prevention and Suppression. During the Term of this Contract, A-1 must make every effort to prevent and suppress fires within the Timber Sale Area. Unless otherwise required herein, or prevented by circumstances, over which AA has no control, A-1 must place its equipment, employees, purpose of fighting forest fires within or near the Timber Sale Area. (2) Presence of Fire Equipment. AA must ensure that both the road building crew and logging crews have adequate fire -fighting equipment and training for use on site when operating in the Timber Sale Arca, pursuant to the DPOs. In the event of "extreme fire danger," A-1 must maintain a fire watch at the active Timber Operation areas for a minimum of one hour after work has stopped for the day, unless the KIB suspends Timber Operations until the fire danger is reduced. (3) Harvest equipment including but not limited to harvesters, skidders, loaders, chainsaws, feller-bunchers, forwarders, bulldozers, etc., will be maintained and kept in good operating condition. Exhaust systems will have spark arrestors or screens with openings smaller than 0.023 inches. The exemptions to this rule are highway registered vehicles and turbocharged equipment where 100% of the gas passes through the turbine wheel. (4) Reporting. A-1 must report all fires to the Alaska Division of Forestry in Kenai at (907)-260- 4200 immediately after becoming aware of a fire or imminent threat of fire. I. Timber Tresoass. Unless otherwise agreed, A-1 may not fell or damage any tree not within the boundary of the Timber Sale Area A-1 shall be liable for all trespass damages and must properly locate its operations within the Timber Sale Area. A-1 may only be assessed penalties for trespass associated with the Alaska Forest Resources and Practices Act (AFRPA) under AS 41.17, 11 AAC 95, which does not supersede any remedies other landowners may have under applicable laws. J. KIR Inspections. The KIB and its representatives, shall at all times have access to observe and inspect the Timber Operations of A-1 and must be furnished such information, documentation and assistance by A-1 as may be reasonably requested by the KIB for the purpose of ensuring compliance with this Contract and applicable Laws. K. Emereencv Repairs by the KIB. In the event A -I refuses to make a repair of an emergency nature to improvements or structures in the Timber Sale Area after being requested to do so by the KIB or regulatory agency, except when these emergency repairs result from the gross negligence of the KIB, the KIB shall be entitled to make the repairs and bill A -I for the actual cost of making such Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 7 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 279 of 367 AGENDA ITEM #13.A.1. repairs. Emergency repair or improvement of the sale area necessary to keep A-] in compliance with federal, State, and local laws and regulations is A -1'S responsibility. If the emergency repairs are not required by law or in this contract, the KIB will reimburse A -I for the cost of repairs. All emergency work covered by this contract must be authorized in writing by the KIB prior to commencing unless prevailing conditions will cause imminent and significant irreparable damage to the KIB's resources. L. Use of Timber Sale Area. A-1 may only use the Timber Sale Area for actions related to the harvest of Merchantable Timber. The Timber Sale Area may not be used for any other commercial purpose. Existing facilities owned by the KIB in the sale area, including but not limited to roads, bridges gates, culverts, and signs may be used by A -I in connection with this sale without further approval unless such use is limited or prevented elsewhere in this Contract. Existing improvements used by A4 must be kept in good repair by A-1. M. Fish Spawning Waters. All operations in connection with this contract adjacent to lakes, streams, or important fish waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.14. N. Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered work in that immediate vicinity must cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. O. Monuments and Markers. A -I must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. A-1 may cut painted, blazed, or tagged trees that mark the boundary of the sale area or cutting units. P. A -I's Right to Restrict Access. A-1 may take reasonable measures, in coordination with the KIB, to restrict access to the Timber Harvest Area that are necessary for safe and efficient operations. Reasonable measures include, but are not limited to, gating roads and limiting access to harvest units. Q. Hours and Manner of Operation. A-1 will reasonably limit the hours of harvesting operations within 500' of identified residential properties to between the hours of 7:00 a.m. and 9:00 p.m. Trucking and log hauling activities will occur within 500' of identified residential properties and may occur before 7:00 a.m. and after 9:00 p.m. Except as reasonably necessary for safety reasons, A-1 will not use compression brakes within 500' of identified residential properties. R. Additional Harvesting Reauests and Additional Reservations. By written agreement, signed by both parties, the KIB and A-1 may agree to certain areas where harvesting will not occur, may agree to harvest certain additional areas, and may agree to harvest timber to protect power lines and school property. 12. RISK MANAGEMENT A. Indemnification. A-1 shall defend, indemnify, and hold the KIB harmless from any and all claims, demands, suits, loss, liability and expense, for injury to, or death of persons and damage to, or loss of property arising out of, or connected with the exercise of the privileges granted A-1 by this contract, including, but not limited to, all damages arising from hazardous material spills. B. Insurance Requirements. A-1, its contractors and subcontractors must purchase, at its own expense, and maintain in force at all time during the Term of this Contract the policies of insurance specified in Exhibit C from an insurer qualified to do business in Alaska. Where specific limits are shown, it is understood that they are the minimum acceptable limits, and if the policies contains higher limits, the KIB and the additional insured hereunder shall be entitled to those higher limits. The policies must each Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contmct Page 8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 280 of 367 AGENDA ITEM #13.A.1. name the KIB as an additional insured. The KIB must be provided with certificates of insurance and copies of the policies, a minimum of fifteen (15) days prior to commencing Timber Operations. The policies must provide that coverage shall not be canceled, limited, or allowed to expire until after thirty (30) days written notice has been given to the KIB. The KIB shall have the right, at its option, to pay any delinquent premium on any of the policies if necessary to prevent a cancellation, non -renewal or material alteration thereof, and A-1 must within five (5) business days, reimburse the KIB'S expenditure. In the event that any insurance policy is canceled or the policy is materially changed, A-1 must immediately notify the KIB and cease Timber Operations until certificates of insurance are delivered to and approved in writing by the KIB. The KIB reserves the right to reasonably increase the required insurance coverage limits to be in accordance with the current industry standards by giving 30 days written notice to A-1. C. Risk of Loss. The risk of loss by fire, windstorm, or other cause of any standing, decked or down Merchantable Timber within the Timber Sale Area shall be borne by the holder of title to the timber or logs. The Parties recognize the Contract is for the sale of salvage timber, which is sold "AS IS:' The KIB is not obligated to supply, nor is A-1 obligated to accept and pay for, other timber in place of the destroyed or damaged limber. The loss or damage to timber removed from the sale area under the contract is borne by A-1. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract. The risk that standing or down timber in the Timber Sale Area does not meet all requirements for a Phytosanitary Certificate is borne by the KIB. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. D. Performance and Project Bonds. At the time of executing this contract, A-1 must deposit with the KIB Twenty-five Thousand dollars ($25,000.00) as a Performance Bond. All bonds shall be submitted in the form of a cashier's check, money order, time certificate of deposit (with automatic renewal) in the KIB's name in trust for A-1, or surety made payable to the KIB. Bonding must conform to I1 AAC 71.095. If cash is used for the Bonding it will be placed by the KIB in a separate KIB account and all interest on the Performance Deposit shall accrue to the benefit of KIB. If A-1 is in default under this Contract and has received notice of such default from the KIB, but has failed to cure such default, the KIB may apply said Bond to pay for the performance of the default obligation and any of the KIB's expenses or damages incurred as a result of A- I's default. A-1 shall remain liable for any deficiency that remains after application of the Performance or Project Bond to any amount owed and within ten (10) days of KIB's said application, A-1 must deposit that sum of money necessary to maintain Performance Bond of Twenty-five Thousand dollars ($25,000.00). 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A. Hazardous Materials. A-1 must not cause or permit to be brought upon, stored or used in or about the Timber Sale Area, or the Roads by A-1, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as A-1 demonstrates to the KIB's satisfaction that such Hazardous Materials are reasonably necessary to A -I's Timber Operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B. Fuel Storaee. Fueline. Maintenance and Sol]] Prevention. The KIB hereby consents that A- 1 may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, explosives, and anti -freeze substances in the Timber Sale Area and on the Roads during the Term of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terms of this Contract. A-1 must maintain and use mobile fuel storage and refueling facilities and must do so Kodiak Island Borough Tivin Creek Fire Salvage Timber Sale Contract Page 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 281 of 367 AGENDA ITEM #13.A.1. in accordance with all applicable Laws. No fixed tank storage is allowed on the sale area. A-1 must have adequate absorbent and cleanup materials on site and in all vehicles and machinery used in the Timber Sale Area to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active Flood plain of a water body. C. Sanitation. The sale area must be maintained in a clean and sanitary condition during the operations of A -I. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the sale area as they are used and at the latest, upon completion of operations on any cutting unit. D. Immediate Cleanun of Environmental Contamination. In the event A-1 becomes aware of any Environmental Contamination within the Timber Sale Area, A-1 must immediately notify the KIB and the Alaska Department of Environmental Conservation of any such Environmental Contamination and (unless provided for otherwise in a KIB-approved joint use Contract between A-1 and other Authorized Users of the Timber Sale Area) must immediately take all actions at its sole expense as are necessary to contain and cleanup Environmental Contamination in a manner consistent with the requirements of Law. Without limiting A -I's containment and cleanup obligations herein, to the extent that it is economically reasonable to do so, A -I must return the affected area to the condition existing prior to the introduction of any such Hazardous Materials. 14. DEFAULT BY A-1 A. Events of Default by A-1. Any of the following shall be deemed an event of default by A-1 ("Event of Default"): (1) Any representation or warranty made by A-1 that proves to be false in any material respect; (2) A -I's failure or refusal to perform, fulfill, or observe any provision in this Contract or State law, or A -I's breach of any covenant in this Contract; or (3) If A-1 has a receiver appointed for all or any significant part of its assets, becomes insolvent, files a petition in bankruptcy or for reorganization, liquidation, or relief under any bankruptcy, insolvency, or debtor laws, or makes an assignment for the benefit of creditors, or if a petition is filed against it in bankruptcy or under insolvency or debtor laws. B. Notice of Default/Cureffermination. In the event of default under paragraph N.A. (Events of Default by A-1) above, the KIB will serve written notice on A-1 that states the ground or grounds upon which default is alleged and demand a cure. (1) If A-1 fails to make any payment or deposit any sums due under this Agreement, the KIB shall provide written notice of the breach to A-1 with 5 business days to cure. If A- I does not cure such breach within 5 business days after receipt of the written notice of breach, the KIB may, by providing written notice to A-1, suspend operations under this Agreement until the payment or deposit is made or terminate this Agreement 30 days after A-1 receives written notice of termination. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (2) If any Party breaches this Agreement other than by failing to make a payment or deposit any sums due under this Agreement, the non -breaching Party shall provide written notice of the breach to the breaching Party. The written notice shall state the nature of the breach Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 10 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 282 of 367 AGENDA ITEM #13.A.1. and the cure needed to remedy the breach. If the breaching Party fails to cure the breach within 30 days after receipt of the written notice of breach, the non -breaching Party may, by providing written notice to the breaching Party, suspend operations under this Agreement until the breach is cured or terminate this Agreement 30 days after the breaching Party receives written notice of termination. If, however, the nature of the breach is such that the breaching Party cannot reasonably cure the breach within 30 days and the breaching Party promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then the breaching Party shall not be deemed to be in default. The Parties shall retain all rights and remedies available to it under this Agreement and applicable law. (3) If A-1 is in breach of this Agreement and the breach causes or could potentially cause an immediate and irreversible risk of damage to the KIB, including, for example, fire or damage to water resources, the KIB may suspend those operations in breach of this Agreement by providing written notice to A-1. The written notice shall state the nature of the breach, the immediate and irreversible risk of damage to the KIB, and the cure needed to remedy the breach. If A-1 fails to cure the breach within 30 days after receipt of the written notice of suspension, then the KIB may, by providing written notice to A4, terminate this Agreement 10 days after A-1 receives written notice of termination. If, however, the nature of the breach is such that A-1 cannot reasonably cure the breach within 30 days and A-1 promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then those operations shall continue to be suspended and the KIB shall not terminate this Agreement. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (4) Failure of the KIB to strictly enforce at any time any of the provisions of this Contract shall not be construed to be a waiver or affect the right of the KIB to thereafter strictly enforce such provision. I5. INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all remaining obligations of A-1, whichever is earlier, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties, and final accounting and other inspections have been completed by the KIB and applicable regulatory agencies, the party indebted to the other must pay the outstanding balance owed to the other party, at which time any remaining Performance Deposit shall be released or refunded. Upon completion of all A-1 obligations under this Contract, the KIB will execute a written release, releasing A-1 from any further obligations under this Contract, except those that specifically survive termination of this Contract. iL•]�LLH:1�Y:\.UZQ:11f[ei:YYLi1Y�1Zi1�/_'I�IL7;7BILili![ilLlty_:t,7��tt�/yr7Lail1 Rights in Timber Sale Area. Upon the termination or expiration of this Contract, any claim or right A-1 may have in and to the Timber Sale Area, to any Merchantable Timber or logs remaining in the Timber Sale Area, or to the Roads and Related Facilities in the Timber Sale Area shall terminate. Obligation to Remove. Within thirty (30) days of completion or termination of A -I's Timber Operations, whichever is earlier, A-1 shall remove from the Timber Sale Area and the Roads, all equipment, materials, chemicals, goods, supplies, machinery, cable, wastes, structures, and any other items or improvements placed thereon by A-1. The Timber Sale Area and the Roads must be left free of all litter, debris, and all foreign materials generated by A -I's operations. A -I's removal thereof must be made in a Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 1 I Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 283 of 367 AGENDA ITEM #13.A.1. manner that does not leave the Timber Sale Area in a dangerous or unsafe condition and allows for reasonable concurrent uses during the removal period. If the above items are not so removed, the items may either be removed from the Timber Sale Area at A -I's expense or shall become property of the KIB if the KIB so elects. 17. NOTICES AND PARTIES' REPRESENTATIVES Any notice, demand, and other communication to be given or delivered under or by reason of the provisions of this Contract shall be in writing and is to be deemed to have been given (a) when delivered if personally delivered by hand, (b) when received if sent by a nationally recognized overnight courier service (receipt requested), or (c) when receipt is acknowledged by an affirmative act of the party receiving notice if sent by facsimile (provided that such an acknowledgement does not include an acknowledgment generated automatically by a facsimile machine). Initial communication from the KIB about significant deficiencies or defects in A -I's operation may be communicated verbally by the KIB at the time of observation. A-1 will reasonably begin remedial actions as soon as practicable and consistent with the requirements of this Contract and the Law. These communications between the KIB and A -I will be subsequently chronicled in writing. Notices, demands, and communications to the parties shall, unless another address is specified in writing, be sent to the addresses indicated below: To the KIB: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Manager (907)486-9302 Facsimile: (907)-496-9374 To: PURCHASER A -I Timber Consultants, Inc. PO Box 1001 Chehalis, WA 98532 Attn: Tom Loushin Facsimile No.: (360)748-0507 18. ASSIGNMENT OF CONTRACT To: KIB Field Rep. Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Atm: Resource Management Officer (907)-486-9304 To: Purchaser's Field Rep. A-1 Timber Consultants, Inc. PO Box 825 Kodiak, AK 99865 Attn: Tom Loushin Facsimile No.: (907)=_ This contract may not be assigned by A-1 without written consent to such, assignment first having been obtained from the KIB and the necessary amendment made to the contract. 19. LIENS A-1 must pay or cause to be paid promptly when due any claim, debt or charge against A-1, which might become a lien against any of the KIB's assets associated with this Contract. A-1 must not suffer or permit any such lien or encumbrances of any kind to be filed against or upon any equipment, improvements, logs, the Timber or the property from which the same are cut, or from the proceeds thereof, regardless of whether the basis of such lien is a claim against A-1 or against an employee, agent, supplier, or subcontractor of A-1. A-1 must keep the Timber Sale Area and Timber free and clear of any and all mechanics, loggers, Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 12 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 284 of 367 AGENDA ITEM #13.A.1. labor or materialmen's liens arising from the performance of labor upon or the furnishing of materials to the Timber Sale Area. A-1 may contest the validity of any such lien that may be filed by providing reasonable security to the KIB. A-1 must post notices of the KIB's non -responsibility pursuant to AS 34.35.065 and AS 34.35.150. 20. REPRESENTATIONS AND WARRANTIES A. KIB. As additional consideration for this sale, the KIB hereby represents, warrants, and disclaims warranties, as follows, which representations, warranties, and disclaimers shall survive the expiration of this Contract: (1) It is duly authorized to enter into this Contract; (2) It makes no warranties, express or implied, as to the access, availability, operability, value, total volume that may be cut in the Timber Sale Area, type, species distribution, grade, quantity, quality, merchantability or fitness for a particular use concerning the Timber and the Timber Sale Area; (3) Its approval of the Timber Sale is not a warranty that timber harvesting in the Timber Sale Area is economically or operationally feasible for A-1; (4) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation the KIB has prepared; (5) It does not warrant any other item that extends beyond the written contents of this Contract. B. A -I. As additional consideration for this purchase, A-1 hereby represents and warrants as follows, which representations and warranties shall survive the expiration of this Contract: (I) It has read the above KIB warranty section with care and in its entirety and understands it completely; (2) It has had an unrestricted opportunity to review documents received from the KIB related to this timber sale which are not subject to the attomey-client privilege and has carefully inspected the Timber Sale Area and all Timber on the Timber Sale Area, and except for the KIB's Representations and Warranties set forth in Paragraph 18A (KIB Representations and Warranties) above, A-1 is purchasing the Merchantable Timber and accepting the Timber Sale Area "AS IS;" (3) It has independently considered and made its own determination concerning the physical, legal, and economic facts related to the access to and operations within the Timber Sale Area, log transport, log storage and transfer, delivery conditions, fuel transport and storage, availability of sort yards, matters of title, government regulation, the construction of the required Roads, the harvest of the Timber (and the ease or difficulty in harvesting it), the value, volume, grade, species distribution, type, quality and merchantability of the Timber and the economic feasibility and operability of the timber harvesting and A -I's ability to harvest the Timber, and all other matters related to the harvest and sale of the Timber. A-1 assumes each, every, and all risks related to the Merchantable Timber and the Timber Sale Area; (4) It further assumes all risks related to the quantity or quality of rock, sand, gravel, stone or Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 13 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 285 of 367 AGENDA ITEM #13.A.1. other construction materials in the Timber Sale Area; (5) It is in good standing in accordance with the Laws of the State of Alaska; (6) It is qualified to do business in the State of Alaska; (7) It is duly authorized to enter into this Contract and all agreements and documents contemplated hereby, and to make the representations and warranties set forth herein. When executed and delivered by A-1, this Contract shall constitute a legal, valid, and binding obligation of A-1 that the person executing this Contract for and on behalf of A-1 is duly authorized to do so, and that neither the execution of this Contract nor its performance by A- I will conflict with or result in the breach of any other instrument, covenant, or undertaking of A-1; (8) All submissions to the KIB by A-1 made in relation to this Contract are true and correct; (9) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation considered by the KIB in entering into this Contract; (10) It is entering into this Contract based upon its own knowledge and information of the Timber, of the Timber Sale Area, and of the timber business, and not because of any inducement or representation of the KIB, or any representative of the KIB; (11) It is experienced in the logging industry, has independently reviewed all applicable laws, and has a sufficient working familiarity with such Laws to enable it to obtain necessary permits and comply with same; and (12) It has consulted with an attorney of A -I's own choosing concerning the contents of this Contract. 21. VALID EXISTING RIGHTS: The rights granted to A-1 under this Contract are subject to all valid existing rights in existence on the Effective Date whether or not made of record, including without limitation, easements, rights -of- way, reservations, or other interests in land. 22. GENERAL PROVISIONS A. Contractors. A-1 shall notify the KIB in writing of all contractors and subcontractors engaged by A-1 to perform Timber Operations relating to this Contract. A-1 must require, by contract, all such contractors and subcontractors to abide by the terms and conditions of this Contract, and A -I must provide them with relevant provisions of this Contract. B. Delivery of Payments. All payments must be delivered to the KIB or to A-1 respectively at the addresses set forth in the Paragraph 17 (Notices and Parties' Representatives). A -I shall not be entitled to any abatement, deductions or offsets of any amount due to the KIB. All past due amounts shall accrue interest at the interest rate of 4.0% per annum until payment is received. C. Governing Law. This Agreement shall be governed by the laws of the State of Alaska Kodiak Island Borough Tivin Creek Fire Salvage Timber Sale Contract Page 14 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 286 of 367 AGENDA ITEM #13.A.1. D. JURY WAIVER. A-1 TIMBER CONSULTANTS, INC. AND THE KODIAK ISLAND BOROUGH ACKNOWLEDGE, AGREE, AND REAFFIRM THAT, IN THIS CONTRACT, A- I AND THE KIB HAVE WAIVED, AND CONTINUE TO WAIVE, THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY. SELLER: KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, Alaska 99615 KODIAK ISLAND BOROUGH By: William Roberts Title: Manager STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT PURCHASER: A -I TIMBER CONSULTANTS, INC. P.O. Box 1001 Chehalis, Washington 98532 A-1 TIMBER CONSULTANTS, INC. Tom Loushin Title: President The Foregoing Instrument was acknowledged before me. of and on behalf of the Kodiak Island Borough on this day of 2016. SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires:_ STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this_day of 2016. SUBSCRIBED AND SWORN TO this _ day of 2016. Notary in and for the State of My commission expires:_ Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 15 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 287 of 367 AGENDA ITEM W.A. 1. EXHIBIT A TIMBER SALE AREA MAP Kodiak Island Borough Twin Creek Fire Salvagc'rimber Sale Contract Page 16 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 288 of 367 AGENDA ITEM #13.A.1. EXHIBIT B TIMBER SALE DESCRIPTION As indicated in Exhibit A, all the timbered lands and owned by the Kodiak Island Borough (bound on; section(s) 31 and 32, Township 29 South, Range 18 West, and section(s) 5 and 6, Township 30 South, Range 18 West, all in the Seward Meridian and as described in documents ADL 55850 and ADL 59078. Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 289 of 367 AGENDA ITEM #13.A.1. EXHIBIT C INSURANCE POLICIES Without limiting PURCHASER's indemnification, it is agreed that PURCHASER shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the PURCHASER's policy contains higher limits, the KIB shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the KIB prior to beginning work and must provide for a 30 -day prior notice of cancellation, nonrenewal or material change of conditions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for default. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21. a. Workers' Compensation Insurance: The Contractor must provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045. The coverage must include: i. Waiver of subrogation against the KIB by the PURCHASER and all subcontractors associated with the timber sale; ii. Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit; iii. "Other States" endorsement if the purchaser or subcontractor directly utilizes labor of residents from outside of the State of Alaska; iv. United States Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and V. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of $1,000,000 whenever the work involves activity from or on a vessel on navigable water. b. Commercial Automobile Liability covering all vehicles used in connection with the timber sale. All operators must meet the State minimum requirements for commercial carriers as defined in AS 19.10.300. $200,000 property damage single occurrence. $500,000 bodily injury single occurrence. $2,000,000 combined damage in single occurrence. Kodiak Island Borough Twin Creek Fire Salvage Timber Sale Contract Page 18 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 290 of 367 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C - Conservation District to I -Industrial District. ORIGINATOR: Jack Maker FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This rezone request follows a recent amendment of the 2008 Comprehensive Plan which changed the Future Land Use Designation of the site from Conservation to Industrial/Light Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation has been changed, the rezone to 1 -Industrial is consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on this rezone request at their March 16, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 291 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 292 of 367 Introduced by: Borough Manager Requested by: Planning and Zoning I Commission 2 Cradled! by: Community Development 3 introduced 0421/2106 4 Public Hearing: 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-19 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 1, SAWMILL SUBDIVISION FROM C- 11 CONSERVATION DISTRICT TO I -INDUSTRIAL DISTRICT (PBZ CASE 12 NO. 16-011). 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 20 the 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and public hearing as required by law, amend, 28 supplement, modify, repeal or otherwise change these regulations and the boundaries of 29 the districts;' and 30 31 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1, 32 Sawmill Subdivision from C -Conservation District to 1 -Industrial District; and 33 34 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 35 17.205.040, the Commission considered the merits of the rezone request; and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lot 1, 38 Sawmill Subdivision be rezoned from C -Conservation District to I -Industrial District finding 39 that the public necessity, convenience, general welfare, and good zoning practice would 40 be enhanced by such action; and 41 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; and 50 51 Section 2: Lot 1, Sawmill Subdivision is hereby rezoned from C -Conservation District 52 to I -Industrial District. Kodiak Island Borough, Alaska Ordinance No. FY2016-19 Page 1 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 292 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 293 of 367 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk 69 70 Kodiak Island Borough, Alaska Ordinance No. FY2016-19 Page 2 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 293 of 367 I_ -TOW' R U#&E..fINK�f Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 294 of 367 F F Kodiak Island Borough F � F Community Development Department F " F -T, ,,, 710 Mill gay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax(907)486-9396 - www.kodiakak.us March 18, 2016 Ms. Doreece Mutch Surf and Turf, LLC PO Box 1753 Kodiak, AK 99615 Re: Case 16-011. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to (- Industrial (KIBC 17.205). Dear Ms, Mutch: The Kodiak Island Borough Planning & Zoning Commission at their meeting an March 16, 2016 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be Issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, Its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adapted the following findings of fact in support of their recommendation to the assembly: Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 294 of 367 AGENDA /TEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 295 of 367 FINDINGS OF FACT 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for Industrial use. 3. The lot is adjacent to 1 -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively Impacting the surrounding area. The I -Industrial zoning performance standards listed In KIBC 17.105.060 should further ensure that there are no negative impacts with future Industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new industrial locations. The rezone will also further Implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Should this rezone be approved by the Kodiak Island Borough Assembly, you will stili need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, Roe�de Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Page 2 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 295 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 296 of 367 Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes Applicable to Case No. 16-011 March 16, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the March 16, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker, Sara Mason, and Sheila Smith. PUBLIC HEARINGS C) CASE 16-011. The applicant Is Surf and Turf, LLC and the agent is Doreece Mutch. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial (KIBC 17.205). The location is 1667 Monashka Bay Road and the zoning is C- Conservatlon. Note: 6 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-011. Director Pederson stated as you know the commission and the assembly recently adopted the Comprehensive Plan Amendment for this site to correct (Inaudible) like the other case on tonight's agenda to correct an error In the Comp Plan Update in 2008 that got the mapping wrong. Although the zoning is correct as Conservation, it is now the future land use designation is Industrial so as we put forth in our staff report we think it's appropriate that this property be rezoned to Industrial. It's conistant with the Comp Plan and there are adequate buffers in place with the greenbelt area of the borough owned property to the north and northeast of this site. There's also a platted greenbelt designation on Lot 2 of Sawmill Subdivision that paralells the Monashka Bay Road there. It also reflects the long standing Industrial and Business uses of this property and we recommend approval. Open public hearing: None Close public hearing: CHAIR ARNDT stated he'd like to see an amendment that returns the $1000 application fee on this case because the Old Harbor Comp Plan Amendment and Rezone change was handled with one fee. It's only appropriate that this fee be refunded because they paid $1000 fee for the Comp Plan Amendment. COMMISSIONER SPALINGER MOVED TO AMEND the motion to refund the $1000 application fee for this rase due to already paying the $1000 fee for the Comp Plan Amendment. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 1 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 296 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 297 of 367 Director Pederson said he will lake that as a recommendation to the Manager because the fees are not part of what the Planning and Zoning Commission does so we will be glad to make that recommendation to the Manager. FINDINGS OF FACT 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for Industrial use. 3. The lot is adjacent to I -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should further ensure that there are no negative impacts with future Industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new Industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 297 of 367 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P LZ REGULAR MEETING: MARCH 19, 2015 Location and Zoning Map W4'' 5 Zoning and Location Request: A rezone of Lot 1, Savmrtill Subdivision Case No. 16-011 from C -Conservation to I-Inclustrial (KISC 17Z05). Turf, LLC Applicant: Surf and ".:r ••Ili' A ? I Uk m y 4 • 3 L H 0� J� iii Ea =c.aaItG f I ry % 44 L. ad Subject Pa rml Zoned C -Conservation °Y a Zoning Legend Public Use Lands [_. Rural Residential 1 Multi Family Residential Light Industrial 0 Watershed [_ j Rural Residential Q Business Rural Neighborhood Commercial Conservation i_ Single Family Residential 0 Relall Business Urban Neighborhood Commerclal Rural Residential ', Two Family Residential Q Industrial Q Natural Use N.tlhk lalantl hnP,aewuta Ob lM'.duksk.uWgb CommunityOevaabYewpp.wmOt. mo A¢vas ROad a �UnwnaWUetl Rphr of K4ys Case No. 1"11 Introduction Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 298 of 367 Image 9 al Case No. 16-011 � ` Applicant: Surf and Turf, LLC a Request: A rezone of Lot 1, Saw 111 Subdivision from C -Conservation to I -Industrial (KIBC 17.205). C wl .:2ri v5•i AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 300 of 367 Nv Bpy PUBLIC HEARING ITEM 7-C y- P 8 Z REGULAR MEETING: MARCH 16, 2016 r d c 0 -1 nLwsnn STAFF REPORT AND RECOMMENDATION Case No. 16-011. A rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial KIBC 17.205). DATE: March 2, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 16, 2016 Regular Meeting CASE: 16-011 APPLICANT: Surf and Turf, LLC AGENT: Doreece Mutch LOCATION: 1667 East Monashka Bay Road LEGAL DSC: Lot 1, Sawmill Subdivision ZONING: C -Conservation FUTURE LAND USE DESIGNATION: Industrial/Light Industrial NOTICE: Six (6) public hearing notices were mailed on February 5, 2016. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation by Ordinance 1977-15-0. • Rezone to 1 -Industrial denied by Assembly (Case No. 84-085). • Rezone to I -Industrial denied by Commission (Case No. 91-037). • Rezone to B -Business denied by Assembly (Case 91-042). • Rezone to LI -Light Industrial denied by Commission (Case No. 06-012). 2. Lot Size: 15 Acres 3. Existing Land Use: Sawmill, warehouses (2), and outdoor storage. 4. Surrounding Land Use and Zoning: KIB landfill and leachate treatment facility zoned I and vacant parcels zoned NU and C. Nearest residential development (single-family residences zoned RR1) is approximately 250' to the northwest and is separated by a vacant lot zoned NU. 5. Comprehensive Plan: • Designated Unclassified by the 1968 Comprehensive Plan. • Designated Business by the 1985 Monashka Bay Comprehensive Plan. • Designated Open Space/Recreation by the 2008 Comprehensive Plan. 'Note: It appears this designation may be a mapping error, as no other private property was designated Open Space/ Recreation in the 2008 Comprehensive Plan Update. In Case No. 16-011 Stab Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 300 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 301 of 367 p PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING: MARCH 16, 2019 r �s 5-1, 0 d wLweKw addition, adjacent Borough land Is shown as Commercial/ Business and no other Borough owned land is so designated. • Designated Industrial/Light Industrial by KIB Ordinance No. FY2016-10. 6. Current Comprehensive Plan Future Land Use Designation Definition: IndustriaVLlght Industrial: This designation covers Industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's I -Industrial and LI -Light Industrial zoning districts. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from Planning and zoning commission (Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change Is Initialed and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act In accordance with this chapter, and notice shall be Issued as provided In KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the Initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Case No, 16011 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 301 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... , Page 302 of 367 .+o PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 18, 2016 Y D 0 i wtwsKn STAFF ANALYSIS This is a request to rezone the site from C -Conservation to I -Industrial. This action follows a recent amendment of the 2008 Comprehensive Plan which changed the Future Land Use Designation of the site from Conservation to IndustriallLight Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation has been changed, a rezone to (- Industrial will be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. ZONING AND CURRENT USES The current zoning Is C -Conservation. Existing uses on the property are: • Sawmill, Established prior to June 5, 1980. In 1984, sawmills were added as a conditional use for C -Conservation zoning. In 1985, a Conditional Use Permit was approved to bring the sawmill into compliance with Borough zoning code (Case No. 85-067). • Warehouse/Outdoor Storage: Two warehouses are established on the lot. These warehouses and associated outdoor storage were permitted by an Exception granted in 1991 (Case No. 91-042). In October of 1992 the Exception procedure was eliminated from Borough zoning code. At that time, the warehouses and outdoor storage became legal nonconforming (grandfathered) uses. These existing uses are appropriate in an Industrial area and they are listed as permitted uses In (-Industrial zoning. Accordingly, a rezone to I -Industrial will eliminate the nonconforming warehouse and outdoor storage uses. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development in the area is the expansion of the landfill, a new leachate treatment facility, and a new composting facility on the adjoining landfill tract. PREVIOUS REZONE ATTEMPTS Four previous rezone requests for this site were denied; two to 1 -Industrial, one to B -Business, and one to LI -Light industrial. Those rezones were denied primarily due to public concern over Inadequate buffering between the nearby residential neighborhood, potential offsite Impacts (e.g., noise, odors, and fumes), and inconsistency with the 1985 Monashka Bay Comprehensive Plan. NEW CIRCUMSTANCES The 1985 Monashka Bay Comprehensive Plan was superseded by the 2008 Comprehensive Plan. As noted in the 2008 plan, the Individual plans are still relevant as a source of Information on some topics. The 2008 plan also states that "when an inconsistency related to land use planning goals or designations exists between the plans, this plan shall take precedence."The rezone is consistent with the applicable Future Land Use Designation and various land use planning goals listed in the 2008 plan (addressed later in this report). - At the time of previous rezone requests, the area northeast of the site was zoned PL -Public Use Lands, with all other abutting parcels zoned C -Conservation. The site is now adjacent to and east of I -Industrial zoning at the landfill site. The area to the north Is zoned NU -Natural Use and to the southeast is C -Conservation zoning. The changes to the surrounding zoning make the Can No. 1"11 Stall Report aiW Rewmmendatlw Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... , Page 302 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 303 of 367 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 16, 2016 _ ♦i O i uwa•s site appear more suitable for 1-Indu5trial zoning than during past rezone attempts. COMPREHINSIVE PLAN GUIDANCE FOR IDENTIFYING NEW INDUSTRIAL LOCATIONS The adopted Comprehensive Plan slates that "in assessing the need and most appropriate locations for new industrial land, consider the following factors": • The need to support potential economic growth sectors. The level of need should be based on an assessment of trends In population growth and in specific economic sectors, including a realistic assessment oftheirpotential within the KIB. • Staff Analysis: The local population trend Is Flat to declining and there is no Indication of that trend reversing in the foreseeable future. Stable or declining populations do not necessarily correspond to a reduced need for Industrial uses. With our economy's reliance on the fishing Industry, marine related services, Including warehousing and outdoor storage, are continuously in demand. • Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. • Staff Analysis: The lot is served by an established arterial roadway (East Monashka Bay Road) that Is capable of supporting traffic generated by the full range of industrial uses. The lot Is served by an onsite well and septic system. Any expanded or new industrial development would be served by these facilities. Future industrial development may require expansion or upgrades to these systems. If municipal water and sewer were extended to the area, development potential would substantially Increase. • Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. • Staff Analysis: The lot is adjacent to and east of the landfill and leachate treatment facility. The site also abuts NU -Natural Use zoning to the northwest and northeast. This land (owned by the Borough) provides a vegetative buffer and physical separation between the site and the nearest residential development (over 250' to the northeast). The area to the northwest Is also encumbered by a greenbelt established by KIB Ordinance No. 98-06'. The subject lot also abuts East Monashka Bay Road to the southeast. The plat for Sawmill Subdivision established a 50' greenbelt on this lot parallel to the road right-of-way. The Plat note states that "The area shown as a greenbelt shall not be altered from its natural state." Given these circumstances (I.e., physical separation, a greenbelt buffer, and the plat restriction), this site appears suitable for industrial use, without creating incompatible land use conflicts for residential uses at least 250' away. Industrial uses on this site should be compatible with the adjoining landfill development. By way of comparison, it should be noted that other 1 -Industrial zoned areas in Kodiak are nearby or adjacent to residential zoning. These areas do not have the extent of ' Staff Report Exhibit A 2 Slay Report Exhibit B Can No. 16-011 Stell Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 303 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 304 of 367 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 18, 2018 Alk.K. buffers and separation that are associated with this site. Those areas have coexisted with surrounding residential zoning and uses for decades. Accordingly, this lot should be capable of accommodating the full range of Industrial uses without negatively Impacting the surrounding area. The I -Industrial zoning performance standards of KIBC 17.105.060 should further ensure that there are no negative Impacts with future Industrial development. • Parcel size, topography and other site characteristics as they relate to the requirements of businesses In anticipated growth Industries. • Staff Analysis: The lot is of sufficient area (15 acres), appears to be adequately buffered, and provides suitable building sites for the full range of Industrial uses. COMPREHENSIVE PLAN CONSISTENCY The proposed rezone is consistent with the IndustriaULlght Industrial Future Land Use Designation and the following goals, policies, and Implementation actions of the adopted 2006 Comprehensive Plan: • Land Use Goal., Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards, and other means. • Policy., Zone land to meet future housing, commercial, industrial, and other land needs. o Implementation Action, Identify an adequate supply of land In each community to meet future residential needs and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses, and conditions or constraints that might affect development. Consider use of public or private Native -owned land to help meet these needs. o Implementation Action: Evaluate the need and recommend specific sites for commercial and Industrial uses within and outside cities and unincorporated communities In the Borough to meet future economic needs o Implementation Action: Identify potential future landfill sites and zone surrounding areas for compatible (i.e., nonresidential) uses. o Implementation Action: Address the fishing industry's needs for gear storage through local land use controls. o Implementation Action: Conduct an industrial lands study that identities preferred areas for future industrial and commercial development. • Land Use Goal: Continue to update and Improve the effectiveness of Borough policies, plans, regulations, and procedures. o Implementation Action: Review and analyze area zoning to determine the need and potential placement of Industrial property zoning If needed. • Economic Goal: Regulate land uses to protect industrial uses and minimize conflicts with Case No. 18-011 Stall Repot and Remmmendatlon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 304 of 367 G[ ` M Jif", Mord o Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 305 of 367 Nv evy PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 16, 2016 Y 0 Oi NLASKA adjacent uses. The rezone is also consistent with the following 1985 Monashka Bay Comprehensive Plan land use goal and objectives: Land Use Goal.. To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. • Obiective: Establish zoning patterns to ensure that land use types are separated by natural and manmade boundaries that effectively buffer potentially conflicting land uses from each other. • Obiective: Maintain the general pattern of existing land uses while providing suitable land use areas for expected Community growth. CONCLUSION Staff recommends the rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Lase No. 16-011 stall Radon and Recommendabon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 305 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 306 of 367 Nv aoq PUBLIC HEARING ITEM 7-C 0V P 8 Z REGULAR MEETING: MARCH 16, 2016 Y i 4ru 'i MLA9NY RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-011. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to I -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards listed In KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. CawNo. 16-011 6laff Report aM Re mmendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 306 of 367 AGENDA ITEM #13.10.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 307 of 367 PUBLIC HEARING ITEM T -C P Is Z REGULAR MEETING: MARCH 16, 2016 Staff ReportExhibit A Pae 1 of 3 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04107198 Public Hearing: 04116198 Adopted: 04/16198 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87-15-0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER/LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler/landfill site; and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a farmer beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87-15-0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87-15-0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84-46; fetllet W.d a0�ooaM1. Alute e'd—No. e8 -0e Papa 1 aft Case No. 16.011 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 307 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 308 of 367 PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING'. MARCH 16, 2016 Staff Report Exhibit A 1 Page 2 of 3 J (1) thence, N37°16'44"W, 264.04 feet; (2) thence, S55 "00'11 "W, 491.62 feet (3) thence, S852 1'00"W, 171.78 feet; (4) thence, N34 39'00"W, 411.00 feet; (5l thence, N25"21'00"E, 739.00 feet; (6) thence, N63 "3246"E, 1486.67 feet; (7) thence, N27 42'18"W, 1,163 feet, more or fess, to the Mean High Water Line along Monashka Bay; (6) thence, northeasterly, approximately 2, 100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey; (9) thence, along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey SOO "02'33E, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; 110) thence, S29 4532 "W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; if 11 thence, S43 '25'09"W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH f L' Jer a M. S Iby4 1t,Q,yph�A 0 Gary vans, Presiding Officer ATTEST: �L.-iltina� �MC/AAE( Donna F. Smifh, cont/AAE, Borough Clerk ftd.A Wm0llo,oWl Alsb Ord --Na. 99-09 P.p, 2 012 Case No, 1"11 Staff Report and Remmmandatlon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 308 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 309 of 367 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 16, 2016 Staff ReportExhibit A Page 3 of 3 1 \ t of .fC `E Ala .... a .S' V&. .4 fir i Case No, 164)11 Staff Report and Recommendatlon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 309 of 367 AGENDA ITEM mIE7 Ordinance No. R3,E,9Rezoning Lot tSawmill Subdivision ... Page eeeeee / / /J 1 ) j .t y, g . A � A 5 � { \3� 6 / �� § §a ! u § ' I�§ / 4� , $§{ i d� !\\} |I(92( _ � Q / °\iA ( . v / I . 1 »� ! [ \/» . ) \ � % « § «^ �^ - / S / IU) ~\ ^ S >.- Ordinance No. R3,E,9Rezoning Lot tSawmill Subdivision ... Page eeeeee AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 311 of 367 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: MARCH 16. 2016 Introduced by: Borough Manager Requested by: P&Z Commission I 2 Drafted by: Community Development Introduced; XXIXX/2016 3 Public Hearing: 4 Adopted! 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 1, SAWMILL SUBDIVISION FROM C- 11 CONSERVATION DISTRICT TO I -INDUSTRIAL DISTRICT (P&Z CASE 12 NO. 16-011). 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 20 the 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and public hearing as required by law, amend, 28 supplement, modify, repeal or otherwise change these regulations and the boundaries of 29 the districts;' and 30 31 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1, 32 Sawmill Subdivision from C -Conservation District to I -Industrial District; and 33 34 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 35 17.205.040, the Commission considered the merits of the rezone request; and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lot 1, 38 Sawmill Subdivision be rezoned from C -Conservation District to I -Industrial District finding 39 that the public necessity, convenience, general welfare, and good zoning practice would 40 be enhanced by such action; and 41 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; and 50 51 Section 2: Lot 1, Sawmill Subdivision is hereby rezoned from C-Conservalion District 52 to I -Industrial District. Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 1 of 2 Case Na. 16411 Draft On inanw Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 311 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 312 of 367 PUBLIC HEARING ITEM 7-C P e 2 REGULAR MEETING'. MARCH 16, 2016 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 56 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk 69 70 Kodiak Island Borough, Alaska Ordinance No, FY2016-xx Page 2 of 2 Casa No. 16-011 Oran Orainance Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 312 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 313 of 367 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING'. MARCH 16, 2016 . a Kodiak Island Borough Print Form Submit by Email Community Development Department 710MIIIBay Rd.Rm 205 Kodiak AK 9%15 Ph. (907)486- 9362 Fax 1%71486-93% hno://wwwAcsdlakakus PROP_ID ago4io Application for Rezone KIBC 17.205 I(n•(�II The following information is to be supplied by the Applicant: I - yY4 j4tgeJk LLtA Y.�( Property Owner Applicant: Su,4* q.J Itlrl LLP. r-/ �II Ie'. Mailing Address: 'o IOAk /Z5 --i . i% KK G%GlLi �.� Phone Number shy Other Contact email, etc.: 12,/A(i._ iN T4mAiL Zas Legal Description: Suitor. •� L _JBlock_ Lot: Street Address: ��� �T -il'/MALA A/ I Current Zoning: —AdS7�,A.T/CN Proposed Zoning: .Iw,,1Wz/y%1L Applicable Comprehensive Wan: (/. .ds(eil 0/!/A✓Aan QI/f✓ Explanation of the need &Justification for a change or amendment of zoning: 7/0 T Explanation of the effect such a change or amendment would have on the objectives of the applkable comprehensive plan: T — 12 RAID l JAN 13 gnu unrnnlr � a.,, FI n Date: I--Iz_14 Signature:` Case No. 1&011 Application Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 313 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 314 of 367 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: MARCH 16, 2016 CDD Staff Certiflcation Date: 7 p CDD SbR: Payment Verification Fee Payable In Cashiers Room a 101• n0oor of Borough Culld:ng NotApplloble r $0.00 Les, 04n 1.75 aaacc r $350.00 1.76 to 5.00 saes: r $750.00 5.01 to 40M acres: rT/sixom6J 40.0taaesormore: r $1.500.00 Cele No. 15-011 Applica lon Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 314 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 315 of 367 PUBLIC HEARING ITEM 7-C P 6 Z REGULAR MEETING'. MARCH 16. 2016 PAYMENT DATE Kodiak Island Borough ..IC IX BATCH NO. 011132016 710 Mill Bay Rd. S 2016-00000225 COLLECTION STATION Kodlak, AK 99615 '' ryRECEIPT NO. CASHIER W 2016-00000605 RECEIVED FROM //AA� CASHIER Teresa Medina SURF AND TURF, LLC }II ' DESCRIPTION 1667 MONASHKA BAY RD •1 SubdWislon Fee Subdivision Fee 31,000.00 APPLICAMON FOR REZONE PID 22046 Payments: Typo Detail Amount Check 1725 $1,000.00 Total Amount: E1,000,00 Customer Copy PrWml hv: Temia NMdlna Pao" 1 or 1 01ROPt01601-11e19PM Case Na. 16011 Application Package _ Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 315 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 316 of 367 PUBLIC HEARING ITEM LC P 6 Z REGULAR MEETING'. MARCH 16, 2018 Kodiak Island Borough AAA4PM Community Development Department 710Mill BayRoadRoam205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax (907)486-9396 www.kodiakak.us February 5, 2016 Surf &Turf, LLC PO Boz 1753 Kodiak, AK 99615 Re: Case 16.011. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I•Industrial (KIBC 17105). Dear Ms. Mulch: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 16, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, March 9, 2016 at 6:30 p.m. in the Borough Conference Room (X121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session Is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, r� tL¢c�2 Sheila Smith, Secretary Community Development Department Case No. 16-011 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 316 of 367 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P 62 REGULAR MEETING: MARCH 16, M18 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us A public hearing will be held on Wednesday, March 16, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if arty, on the following request: CASE: 16-011 APPLICANT: Surf and Turf, LLC AGENT: Doreece Mulch REQUEST: A rezone of Lot 1, Sawmill Subdivision from C -Conservation to Wrldustrial (KIBC 17.205). LOCATION: 1667 Monashka Bay Road ZONING: C -Conservation This notice is being sent to you because our records indicate you are a property owner/interested parry in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written corn meats moat be recd%ed by 5 am. Tuesday. March 1. 2016 to be carnWemd by the corn mk0an. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith/rlkodiakak.us. If you would like to testify via telephone, please tall in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486.3231. The toll free telephone number is I-855-492-9202. One week prior to the regular meeting, on Wednesday, March 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Nemo: oleoma Addreu: Your Property description: Commend: cafe No. 1e 11 Pudic comment Footage Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 317 of 367 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM ]-C P 8 Z REGULAR MEETING. MARCH 16. 2016 Case 16-011 Location 1667 Monashka Bay Rd. Applicant Surf &Turf, LLC Request a rezone of Lot 1, Sawmill Subdivision from • • • • • `\ j`�,,�•f 41 kv- W ``�c�1 y MA •ter �-e — int Casa No. 1B-011 Public Comment Pae,a9e Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 318 of 367 AGENDA ITEM #13.C.1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 319 of 367 Ub d �I w w w w .moi .moi Wb '- l0 tO t� tO tO lO �2 �¢ v u3 y Y y y y y mw � a a a a a a 6E � U, a a a a a a rc X 0 0 0 0 0 0 N 6 ❑ Z 5 z .. o �I a o m N ti a" E w U au° Z Z n' Z � m 3 v ¢ ¢ O U x m m of n N m mom _Io - o � n a n n¢ a U 2 o � O¢ r m a M Z < w ag O H W W =0 ¢ F N y a N Q O �I Z N O NJ 0E CI a :r 6 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 319 of 367 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P B Z REGULAR MEETING: MARCH 16, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9763 ..1todiakali letunuiry 5, 7015 Public Haring Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 16, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Bommah Planning and Zoning Commission. to hear comments racy. on the follolvin re nest: CASE: 16-011 APPLICANT: Surfand Turf, LLC AGENT: Domcce Mulch REQUEST: A mmne of Lot I, Sawmill Subdivision from C-Comervation to I -Industrial (KIBC 17.205). LOCATION: 1667 Monmhka Bay Road ZONING: C -Conservation This notice is being sent to you became our records Indicate you arc a property owned tetestrd pony in the ana of the request. Ifyou do nm wish to testify verbally, you may provide your comments in the spore below ce in a letter m the Community Development Department. W lues ommems muss he received he 5 me, Tm,dn. March I. 2016 to he considered by the com:nbsion. tryout would like to fax your comments to m, our fax number is: (907) 486-9396, or you may email your comments to nothh0kodiakak.us. If you would like to Imlfy, vh telephone, please all lo your comments during the appropriate public hearing section or the meeting. The local call -In telephone number Is 486-3231. The toil free telephone number is 1455492-9202 One week prior to the mgulm meeting, an Wednesday. March 9, 2016, a work s.selon will be held .1670 p.m. in the Kodiak Island Borough Con&mnc, Roam (X1211, to review the packs material forth, ease. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. Ifyou have any questions about the request or your appeal rights, plate feel free to all us .1486-9363.T \ iCl&— v.arv.n.: bIInt0a. UVn2plr_" I�l/h0 MAII'Aamr+. i1�lMtll A.,.. (Z'4 . r2..._ l06 rovrempenyd,.rdpl.e: leh ( +� r Ann /...,di i�. co—am: da e mdnAAte= Casa No. 16-011 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 320 of 367 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2016 ASSEMBLY REGULAR MEETING TITLE: Confirmation of Mayoral Appointments to the Marijuana Task Force. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough Assembly adopted Resolution No. FY2016-31 on March 17, 2016. This task force is tasked to advise the Assembly and Administration on any and all aspects, impacts, and concerns related to the legalization of marijuana. A copy of Resolution No. FY2016-31 is attached to this packet. The created membership will consist of 11 members. Applications were received from the following: • Martin Barton • Tuck Bonney • Monique Lewis (At Large Seat) • Joanne Shaker (Marijuana Advocate) • Janiese Stevens • Jonathan Strong (Medical Seat) • Nicholas A. Troxell Jr. (Marijuana Advocate or Business Seat) • Brent Watkins (ChairNice Chair/At Large) Clerk's note: Mayor Friend noted that he will announce his appointments at the work session. RECOMMENDED MOTION: Move to confirm the following Mayoral Appointments as follows: (Waiting for Mayoral Appointments.) Kodiak Island Borough Confirmation of Mayoral Appointments to the Marijuana Task F... Page 321 of 367 }\ m AGENDA ITEM m3.O1 � !§ { !!) \! � 2!! §� A.2\i (' , 7! >k `k� c /! ( ) Confirmation of Mayoral Ap«ntms@t Marijuana Task F.. e@ 322 @a7n AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 323 of 367 Laurie Pardoe From: noreply@civicplus.com RECEIVED Sent: Thursday, March 24, 2016 3:25 PM To: Clerks Subject: Online Form Submittal: Board Application Form MAR 2 4 2016 BOROUGH CItRWS OFFICE Board Application Form KOOVIK,ALASKA Please complete the online form below. Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Select One Commission, or Committee applying for Designated seal or group MARIJUANA TASK FORCE, 1 DONT SEE IT AS AN representation (if applicable): OPTION Full Name Janlese Stevens Residence Address 326 Neva Way Mailing Address PO Box 8593 Email Address (This address fstevensOak.net will be used for ' correspondence) ' Home Phone Number 9079425618 (numeric only) Work Number (numeric 9075122726 only) Cell or Fax Number (numeric 9079425618 only) Employer/Occupation CPA self RESIDENCY INFORMATION Length of residency in 30 years Kodiak r Confirmation of Mayoral Appointments to the Marijuana Task F... Page 323 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 324 of 367 Registered to vote in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Field not completed. Service Arca ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Field not completed. or participate in Explain your main reason for I would like to be on the Marijuana task force as a polenhal applying license holder and general member of the community. What background, I am a CPA and a small business owner In Kodiak experience, or expertise will you bring to the bourd/co mmi tree/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y_, / N Applicant's Residence: Borough City Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File z Confirmation of Mayoral Appointments to the Marijuana Task F... Page 324 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 325 of 367 ra as y a ❑ n d! ° z N Epi l�F� O !`J N I 7IW U O u a m s I ^� '.° ,I i m _. 'E i c g Z d a � c tS' rJ o Y E° g# J N 0 d o H u -SI- E uo E •1 n o o a La d a S 1 Eo 3 E p o c o E$ m C U v m a z m > n a _ m o_ r 4 "'- E w m� y m 4 n i. m d V ncul y m �a LL c OF i f i n n Z m ! _ `m m 5 ma y 'i m t !• ma o uE d d o"a Lr XW d c a �i o __ 2 v /l t � m ag O n C m'N E M q 5 •, m c m c m. Z10� Om 5a $mE a iJ i0cv E m o a 3 m z¢ w w O � n a s o w° a t c m E m v Q_ x> W 3— .y 0 0 O zCL O y. `o a o LL c. �Nai zcT J Cn OE'M OY O R C N Z' N N E O y> C O U U} 0 0 Y y O al U N C Q U 0 .V O E p a .o�_a 3 om O 9 O m ¢.3 o= m E o -cam w E o mL"_ 6 2 1'S Q� Ica EO'>,ayui n o o¢ui m cm c m aa�' m L 2m am vm � n c °•ca I' o o o mMM c o. cv c _hi 0, v m 'm _ iL n° m ¢ CS .v m` 3 m c U a s v z n u o Confirmation of Mayoral Appointments to the Marijuana Task F... Page 325 of 367 k � s ¥!\ E \ƒ AGENDA ITEM m3.a1 Confirmation of Mayoral Ap«ntm entsbth Marijuana Task F.. Page 326 of 367 i(7o,2[#k 2�z\E/\�k\}|4 LL. #■ oQ,'M �2cn.2E )) (L§,]e» �{&� &o))k§ 0o< kk�/k\w(EDM ) zz �— I/« E\§()\\§+a AGENDA ITEM m3.a1 Confirmation of Mayoral Ap«ntm entsbth Marijuana Task F.. Page 326 of 367 §\ «/ } k 6 )(faa{/§k \j /Cr ��k \�\\�\\ )§M)(j®z�*§]) X02=, «u■�»�0 j0 � o gE{a\]G)y< �6\f!a 0 \)\]{R§ :#5 to 0. -CL 4 :/a / »)■(\}\§*) 4i �2f \\)k7\ })!)}» 6 AGENDA ITEM meal ! � | Confirmation of Mayoral Appointments bth Marijuana Task F.. Page 327 of 367 )(faa{/§k ��k \�\\�\\ )§M)(j®z�*§]) X02=, «u■�»�0 j0 � o gE{a\]G)y< 0C)0 0 \)\]{R§ to 0. -CL 4 :/a »)■(\}\§*) AGENDA ITEM meal ! � | Confirmation of Mayoral Appointments bth Marijuana Task F.. Page 327 of 367 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 A Kodiak, AK 99615 Phone;(907)486-9310 Fax:(907)486-9391 clerks@kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board/Committee/Commission; Marijuana Task Force Designated seal orgloup representation (if applicable) : At Large Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting Information. Name: Monique Lewis Daytime Phone: 907-466-0838 Residence Address: 36158 Chinlak Hwy Evening Phone: 907-654-5580 Mailing Address: PO Boa 5616 Cell Phone: 907-654-5580 Email Address: Monique@lewismanagementak.com Fax Number. Length of Residence In Kodlak:2 years Registered to vote in Kodiak? ElYes Zdo Please provlde one of the following: Dale of Birth, _ Last 4 digits of SSN# Empioyer/Occupation:Self Employed/Consulting and Property Management Organizations you belong to or participate in: Chiniak Library Board of Directors; Women's Bay Fire Department; Worship Leader—Abba Father Christian Fellowship Explain your main reason for applying: There Is no public safety seat specifically and I think that Is one area that needs to be addressed (aside from law enforcement). This is a challenging opportunity to develop a complex process that has the potential of extremely positive Impacts to the community. What background, experience, or expertise will you bring to the board/committee/commission membership? I spent 15 years doing program development. For my consulting practice, I will be attending a conference and one of the classes 1 plan to attend is about Manufacturing Hazards Are you available for regular meetings? YES pumumi to KI8C 2.100.070(A.6) Cllmrthan by explra0on ofthe member, term, the assembly shall deaam a seat vaemt when a member misses throe ranaecutively held regular meetings and is not excused. Signature of Applicant: Data: A resume or letter of Intelsat may be attached, but Is not mqulred. This apphadlon will be kept on Ale for one year. Please be aware that vera may ba an apple®tion deadne. Application deadlines, If applicable, am available on the Borough "bass at wvaa.Modlekakua or in the Notice of Vacancy announcements advertised In the Kodiak beay p -STAFF USE ONLY- .._ ww a In. som gh: Y. (714o (1 Mrolnmwm Lao, cele : (dale V Aaatort'. Ruidano : somgh (vf sty( I ftoabr. APR ....F Osthof l --- bale aAwanmme APOC POF09WIrnaa: Atledrtl()on lti.() T. egWho on: T. _ J Confirmation of Mayoral Appointments to the Marijuana Task F... Page 328 of 367 \ UI �E F -I [#zLOT-1 WH &� \§ Confirmation y Mayoral Ap«ntms&th Marijuana T k@392 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 330 of 367 Angela MacKenzie From: noreply@civicplus.com RE CF IVEQ_ Sant: Tuesday, April 12, 2016 7:54 PM To: Clerks Subject.• Online Form Submittal: Board Application For 1 ppR 13 2016 nstanx nu•s�.n Board Application Form Please complete the online form below. Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Marijuana Task Force Commission, or Committee applying for Designated seat or group Medical representation (if applicable): Full Name Jonathan Strang Residence Address 421 Curlew Way Kodiak, AK 99615 Mailing Address PO Boz 1024 Email Address (This address Jonislrone®vmail.com will be used for correspondence) Home Phone Number 9076545546 (numeric only) Work Number (numeric 9074662203 only) Cell or Fax Number (numeric 9074BS4503 only) Employer/Occupation Senior Citizens of Kodiak Inc. RESIDENCY INFORMATION Length of residency in 29 months Kodiak r Confirmation of Mayoral Appointments to the Marijuana Task F... Page 330 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 331 of 367 Registered to vote in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Field not completed. service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Kodiak Area Mentor Program or participate in Explain your main reason for To help serve my community and give Input to the KID applying assembly. What background, I am a certified chemical dependency counselor, registered experience, or expertise will addiction specialist clinical supervisor, certified addiction you bring to the treatment counselor, Medicaid certified care coordinator board/committee/commission and Alaska Department of Labor division of vocational membership? rehabilitation community rehabilitation provider. I have been the lead substance abuse counselor at a residential rehab program, and have experience working as an outpatient counselor as well. I am the Vice President of the Kodiak Area Mentor Program where I'm on the board as well as a mentor who Is in the Kodiak tall on a regular basis facilitating a support group and facilitate a weekly support group in the community. My wife and I operate a safe and sober apartment for women and an addiction education, case management and counseling agency here in Kodiak. Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and Is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y y N Applicant's Residence: Borough City Date of Appointment x Confirmation of Mayoral Appointments to the Marijuana Task F... Page 331 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 332 of 367 Term Expires On Appointment Letter Foster Oath of Office APOC POFD Statement: N/A _ _ Attached On File Confirmation of Mayoral Appointments to the Marijuana Task F... Page 332 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 333 of 367 Kodiak bland Bomugh Cade page I I Chapter 5.02 MARIJUANA BUSINESSES- Chepter5.02 MARIJUANA BUSINESSES - Sections 5.02.010 Marijuana businesses prohibited. 5.02.020 Enforcement. e Code miser's note: Section 2 of Ord. FY2016-17 reads, "this ordinance shall be in effect through February 28,2017," 5.02.010 M1larijuann businesses prohibited. The operation ofmarijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island Borough is hereby prohibited. [Ord. FY2016-17 §4,20161. 5.02.020 Enforcement. A. A violation ofa provision of this chapter is an offense punishable by a penalty not to exceed a fine of$1,000, in addition to the surcharge required under AS 12.55.039. Each day that a violation continues constitutes a separate violation and is subject to a separate fine. B. Notwithstanding the availability of any other remedy provided by the provisions of this code, the borough or any person aggrieved by a violation of this chapter may institute a civil action for injunctive reliefto enforce these provisions in any court of competentjurisdiction. [Ord. FY2016-17 ¢4, 20161. The Kodiak Island Borough Code is current through Ordinance FY2016-17, passed March 3, 2016. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 333 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 334 of 367 1 Introduced by: Assembly member Rohrer 2 Requested by: Assembly member Rohrer 3 Drafted by KID Clerk 4 Introduced on 03/17/2016 5 Adopted on: 03/17/2016 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2016-31 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ESTABLISHING A MARIJUANA TASK FORCE 12 13 14 WHEREAS, on November 4, 2014, Ballot Measure 2 was approved statewide by the voters; 15 and 16 17 WHEREAS, Ballot Measure 2 also allows for the Borough to prohibit and/or implement 18 regulations governing the number, time, place and manner of marijuana cultivation facilities, 19 manufacturing facilities, retail stores and testing facilities; and 20 21 WHEREAS, there are many issues and factors to be considered by the Borough in deciding 22 all the local issues associated with the legalization of marijuana; and 23 24 WHEREAS, the Assembly is creating a Marijuana Task Force to advise the Assembly and 25 Administration on any and all aspects, impacts, and concerns related to the legalization of 26 marijuana; and 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that there is established a Kodiak Island Borough Marijuana Task Force. 30 31 Section 1: Created -membership. The formation of the Task Force will consist of the 32 following eleven members. The quorum for this committee is attendance of six members and it 33 takes a majority vote of those present for a motion to carry. 34 • 2 Borough Assembly Members 35 • 2 City Council Members 36 • 1 Medical Professional 37 • 1 Law Enforcement 38 • 1 Retail Business Owner 39 • 1 Marijuana Advocate 40 • 3 members at large 41 42 Section 2: Organization. The chairperson and the vice chairperson are assigned by the 43 Borough Mayor. The Chair person shall report to the entire Assembly on behalf of the Task 44 Force. 45 46 Section 3: Appointments. The Mayor shall appoint the members of the task force subject 47 to confirmation of the Assembly. The City Council members are appointed by the City Council. 48 49 50 Kodiak Island Borough Resolution No. FY2016-31 Page 1 of 2 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 334 of 367 AGENDA ITEM #13.D.1. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 335 of 367 51 Section 4: Powers and duties. The scope of review of the task force includes, but not 52 limited to: 53 • Land use 54 • Law enforcement 55 Revenue 56 • Regulatory compliance 57 • Cultivation 58 • Manufacturing 59 • Retail Stores 60 Testing 61 The responsibility of the task force is to offer advice and recommendations to the Assembly and 62 administration on both the upsides and downsides of any issue related to or impacted by the 63 legalization of marijuana. 64 65 Section 5: Administrative assistance. The clerk's office staff shall provide the committee 66 with supplies, meeting space, and secretarial assistance. 67 68 Section 6: Reporting. The Task Force chairperson shall report to the Assembly during a 69 public meeting. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS SEVENTEENTH DAY OF MARCH 2O16 73 74 75 KODIAK ISLAND BOROU H ATTEST: rrol rie Mayor *rx 76 Nova M. Javier, WC, Borough Clerk Kodiak Island Borough Resolution No. FY2016-31 Page 2 of 2 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 335 of 367 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH . AGENDA STATEMENT r APRIL 21, 2016 ASSEMBLY REGULAR MEETING TITLE: Declaring a Seat on the Architectural Review Board Vacant (Ms. Kelsea B. Kearns). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Ms. Kelsea Kearns has served on the Architectural Review Board since January 22, 2015. Her resignation letter is attached. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or 6. Misses three consecutively held regular meetings and is not excused. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Kelsea Kearns from the Architectural Review Board and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Declaring a Seat on the Architectural Review Board Vacant (M... Page 336 of 367 AGENDA ITEM #13.D.2. Declaring a Seat on the Architectural Review Board Vacant (M... Page 337 of 367 Kelsea B Kearns PO Box 759 Kodiak, AK 99615 April 12, 2016 To Whom it May Concern, Please consider this letter as my resignation from the Architectural/ Engineering Review Board. unfortunately, I do not have the time available to make the majority of the meetings and feel that it is not fair for me to continue on the board, I truly appreciate the opportunity to serve on the board and am disappointed that I cannot continue with the board. �1 vr,�JT/h�aannkyou J Kelsey a B Yearns Declaring a Seat on the Architectural Review Board Vacant (M... Page 337 of 367 AGENDA ITEM #13.D.2. Declaring a Seat on the Architectural Review Board Vacant (M... Page 338 of 367 -� KODIAK ISLAND BOROUGH ARCHITECTURAL/ENGINEERING REVIEW BOARD i.3 BUILDING CODE BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt (Chair) 2016 481-3745 FAX 414-791- Call instead of email PO Box 76 481-3333 3745 Kodiak, AK 99615 Bill Barton 2018 486-4870 486-4870 539-6870 mandbbarton(datt.net PO Box 8995 Kodiak, AK 99615 Cliff Ford 2018 486-5353 486-7742 539-5342 clifff(Macsala5ka.net 1250 Beaver Way Kodiak, AK 99615 Kelsea Kearns 2017 942-5278 481-5000 942-5278 kelseakeams(Ghotmail,com PO Box 759 Kodiak, AK 99515 Steven Neff 2017 486-2033 486-2033 573-247- swneff(o)amail.com 3240 Lake View Dr. 6064 Kodiak, AK 99615 Rick Ryser 2017 486-5490 942-2747 ooldenalaska(Mamail,com PO Box 8908 Kodiak, AK 99615 Colin Edward Young 2016 942-5161 colinv157(dlGmad.com P.O. Box 2007 Kodiak, AK 99615 NON-VOTING EX-OFFICIOS Lerrol.friend(rDkibassemblv.orD Assembly Representativeifriend(ctalaska. net Jemol Friend 539-1975 PO Box 175 Kodiak, AK 99615 School Board Representative 942-0657 foy.alaskal@gmail.com Bob Foy 447 Lilly Dr. Kodiak, AK 99615 OR Rick Kmaziowski 539-1670 rkniaziowski@horizonlines.corn 421 Mill Bay Road Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 EIFOIRECTOR, BOSTUCKER 486-9343 bt.cI,,olkodlakakua PROD. MGRANSPECTOR, MATTGANDEL 485.9211=98ndel(Skodleksk,us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAV Revision Date: 12!712015 Revised by: NJ Declaring a Seat on the Architectural Review Board Vacant (M... Page 338 of 367 AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21,6 ASSEMBLY REGULAR MEETING ice- �y r TITLE: Confirmation of Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson). ORIGINATOR: FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There is currently one vacancy on the Parks and Recreation Committee and the Borough Clerk's Office has received an application from Mr. Stephen Paulson on April 13, 2016 for a term ending December 2018. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or.commission until the next annual appointment process unless authorized by the assembly. RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Mr. Stephen Paulson to the Parks and Recreation Committee for a term to expire December 2018. Kodiak Island Borough Confirmation of Mayoral Appointment to the Parks and Recreat... Page 339 of 367 AGENDA ITEM #93.D.3. Confirmation of Mayoral Appointment to the Parks and Recreat... Page 340 of 367 Island Borough '""t * ' Office of the Borough Clerk s� 710 Mill Bay Road iAKodiak Kodiak, Alaska 99615 10' Phone(907)486-9310 Fax(907)486-9391 - EMAIL: njavier@I�kodiak.ak.us `� "V16C. r®KodKaKak.a5 B�7OARD APPLICATION rr�� NAME: �IE+PI•IFh1 �- i'AULSOh1 '" HOME PHONE: 49%4750 WORK:491-?2--34 E-MAIL: sm ^Q c'Lt. env STREETADDRESS: �InZ MAI)-AQD WAY MAILING ADDRESS: SPME LENGTH OF RESIDENCE IN KODIAK: \P IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK7 YES NO( ) ARE YOU A PROPERTY OWNER IN KODIAK7 YES NO( ) \ COMMUNITY ACTIVITIES: 60-" Sr'DIAT tEADCP- �11� �r rSl. FLICs CL UL& i_OCAIrd MTN Rf KI.Jy-AS�.or• �� PROFESSIONAL ACTIVITIES: ('AAIzFE ST INFO MATIOr-I M1/WI.iAi FDQ Kr.& -S �>=TIp-Itid; Ep1D nF MAY 716 AREA OF EXPERTISE AND/OR EDUCATION: 6aU95ATI0IJ EfI7RICAl ftlUGt EAIZ F n:=IzT)sF /N towmp02 Acr-m- I£s Fm&-?N1=E2tNG I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 7. ♦3.92Of11-;-1 PARKS Pr�2. a• 4. a ewlpf1L /3 %pilo Signator- _. A resume or [eller of Interest may be attamed, but Is not required. This application will be kept an (le for one year, Please return the icatlon by Ure advertised deadline. ,I' .trerr worax. vmowv"rwar. lV RECEI ED Ce�mir�"i"i m. Flv.W A.eoru.. Llilba""s11R.1 3201fi., �___.. Confirmation of Mayoral Appointment to the Parks and Recreat... Page 340 of 367 AGENDA ITEM #13.D.3. Confirmation of Mayoral Appointment to the Parks and Recreat... Page 341 of 367 KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Helm Johnson 2018 539-5014 539-5014 539-5014 helm(cDhelmarts.mm PO Box 261 Kodiak, AK 99615 Marnie Leist (Vice Chair) 2017 942-5526 486-7004 942-5526 luckvandmamie(dlvahoo.com 214 East Rezanof Dr. Apt. B Kodiak, AK 99615 Ben Millslein 2017 486-2537 942-3083 bmillsC5ak.net 523 Leta St. Kodiak, AK 99615 Patrick Saltonstall (Chair) 2018 486-2634 486-7004 oosaltaniaw.nel PO Box 1909 oatricknalutiiamuseum.ora Kodiak, AK 99615 Dale Stratton 2017 539-5321 Same Same coetkd(dlotialaska.nel 10674 Kalsin Dr. Kodiak, AK 99615 Vacant 2018 Sharon Wolkoff 2016 539-2292 486-9824 shamn.walkoffakodiakhealthcare.orc 1217A Selief Lane Kodiak, AK 99615 NON-VOTING EX-OFFICIOS 539-0202 Assembly Representative Frank Peterson, Jr. frank.oetersonAkibassembly. ora PO Box 8868 Kodiak, AK 99615 State Representative Vacant City Parks 8 Rec. Representative 486-8670 654-7559 caronn(dtcitv.kodiak.ak.us Corey Gronn 315 Maple Ave. Kodiak, AK 99615 School District Representative 539-1482 rbrvant0l(nikibsd,oro Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 Roster continued on the next page.... Revision Data: 122/2016 Revised by: am Confirmation of Mayoral Appointment to the Parks and Recreat... Page 341 of 367 AGENDA ITEM #13.D.3. Confirmation of Mayoral Appointment to the Parks and Recreat... Page 342 of 367 KODIAK ISLAND BOROUGH ' PARKS AND RECREATION COMMITTEE NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Planning and Zoning Commission Representative alan.schmittC5kibDlanninD.orO Alan Schmitt 486-5314 942-0404 3295 Woody Way Loop Kodiak, AK 99615 Vacant, Alternate This committee Is governed by Kodiak Island Borough Code 2.120 COO DIRECTOR, 908 PEDERSON 4116-9363 bvederwn0kodlekak.ua CODE ENFORCEMENT OFFICER, VACANT COO SECRETARY, SHEILA SMITH 406 9363 ssmllh®kWiakek.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK, AK 99615 Revision Date. 1/22/2016 Revised by am Confirmation of Mayoral Appointment to the Parks and Recreat... Page 342 of 367 AGENDA ITEM #13.D.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT 4e'"9.; APRIL 21. 2016 �. , ASSEMBLY REGULAR MEETING t TITLE: Confirming the Manager's Appointment of the Director of Finance. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: KIBC 2.10.010 and KIBC 2.70.010 require the appointment of the manager of the director of finance shall be confirmed by the Assembly. The Manager advertised in-house and interviewed Revenue Accountant Dora Cross. The Manager recommends Ms. Cross for the position of the Director of Finance. RECOMMENDED MOTION: Move to confirm the manager's appointment of Ms. Dora Cross as the Director of Finance. Kodiak Island Borough Confirming the Manager's Appointment of the Director of Fina... Page 343 of 367 AGENDA ITEM #13.D.4. Confirming the Manager's Appointment of the Director of Fina... Page 344 of 367 Chapter 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES Sections. 2.10.010 Appointment of officers. 2.10.030 Compensation for regulatory quasi-judicial boards and commissions. 2.10 010 Appointment of ofOcers. The manager, administrative official, clerk, and attorney shall be appointed by the assembly. All other officers and employees will be appointed by the manager except that the director of finance shall also be confirmed by the assembly as provided In KIBC 2.70.010. Officers serve at the pleasure of the appointing authority, [Ord. 98-02 §2, 1998; Ord. 90-37 §2, 1990; Ord. 84-61-0 §4, 1984; Ord. 82-02-0, 1962; Ord. 81-06-0, 1981; Ord, 79-11-0, 1979; Ord. 77-1-0, 1977]. 2.70.010 Finance department director. The finance department shall be headed by the finance department director who shall be ex officio treasurer, accountant and Internal auditor. The director Is appointed by the managerand confirmed by the assembly. An appointment which is not confirmed by the assembly shall not become effective. If the assembly fails or refuses to confirm the manager's appointment, the manager shall appoint successive candidates until an appointment is confirmed by the assembly. [Ord. 98-02 §6, 1996; Ord. 90-37 §3, 1990; Ord. 85-26-0 §§t, 2, 1985; Ord. 82-10-0, 1982. Formerly §2.30.010]. Confirming the Manager's Appointment of the Director of Fina... Page 344 of 367 AGENDA ITEM #13.D.4. KODMKISL"D BOROUGH Office of the Manager MEMORANDUM TO: Kodiak Island Borough Mayor and Assembly FROM: Bill Roberts, Acting Manager DATE: April 18, 2016 SUBJECT: Hiring of a Finance Director to replace Karl Short Mayor and Assembly Members, Attached is the resume for Dora Cross, my recommended hire for Director of Finance replacing Karl Short. In choosing Dora I relied heavily on the recommendations of Mr. Short. As you may know all department heads have been charged with developing a succession plan for filling their positions upon leaving employment for retirement or other reasons. Karl has been slowly and systematically giving Dora more responsibilities as to the daily running of the finance department, developing budgets and readying her for the other duties of investment and risk management. Dora has excelled in all phases of her duties and shown a definite desire to continue her growth as a financial officer. The attached resume shows a career in finance with increasing responsibilities and also training and education that qualifies her for the job including her achievement of a Certified Public Accountant and Governmental Financial Officer Association designation for Treasury and Investment Management. In my opinion Dora will fill the position as Director of Finance for the Kodiak Island Borough with intellect professionalism and a visionary view that will enhance the future of this Borough. Respectf William Roberts Confirming the Manager's Appointment of the Director of Fina... Page 345 of 367 AGENDA ITEM #13.D.4. Dora Cross PO Box 3164 Kodiak, AK 99615 April 8, 2016 William Roberts Acting Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Mr. Roberts, Enclosed is my resume responding to the recently advertised position of Finance Director. lam currently working as the borough's revenue accountant and, based on my qualifications as detailed in the attached resume, I am applying for the position. I have experience with both municipal and private industry financial activities. These experiences give me a broad perspective with respect to understanding budgets, financial reporting and customer service. Although employee supervision is similar between municipal and private entities, working at Kodiak Island Borough has added an understanding of labor unions to my knowledge base. I have also attached verification of my CPA (Certified Public Accountant) license for both Washington and Alaska, along with the GFOA (Governmental Financial Officer Association) certificate for Treasury and Investment Management. This GFOA certificate documents the passing of one area of five tested to verify knowledge in the disciplines of government finance needed to achieve GFOA's final CPFO (Certified Public Finance Officers Program) designation which I am in the process of completing. I am motivated by challenge and growth and look forward to starting the process of advancing to the finance director's position. Thank you for your time and consideration. Sincerely, Dora Cross Confirming the Manager's Appointment of the Director of Fina... Page 346 of 367 AGENDA ITEM #13.D.4. Dora Cross PO Box 3164, Kodiak, AK 99615 907.942.3190 Qualifications • 4 years of municipal finance experience at the Kodiak Island Borough • 11 years ofaccounting, auditand tax experience atthree accounting firms • 9 years of experience in a fortune 100 company in various managerial and administrative roles • 14 years of supervisory experience • bachelors' degree in accounting • 40 hours minimum continuing education each year since 2007 Licenses /Certifications Certified Public Accountant license in the State of Washington since 2007 Certified Public Accountant license in the State of Alaska since 2012 Government Financial Officers Association Treasury and Investment Management certification 2015 Work History & duties 2011 -present Kodiak Island Borough, Kodiak, Alaska - Revenue Accountant • Develop, implement and evaluate procedures: create procedures for new landfill software and issuance of credit accounts, update Borough code to align with State foreclosure procedures, banking RFP (request for proposal), • Recommendations to the Assembly and Borough Manager: prepare revenue forecasts, fee schedules, department updates and budget presentations to Assembly, • Compliance with statutory responsibilities and directives: participate in annual audit of financial Borough records, completion of CAFR (Comprehensive Annual Financial Report), annual budget process, bank reconciliations, investment reporting, responding to various state and federal information requests, • Staff supervision; performance evaluations and disciplinary recommendations, prioritizing and assigning projects and duties, • Policy and procedure adherence; banking and fraud protections, records management and retention, annual tax billing, tax collections, property foreclosures processes, monitor revenues, accounts receivables and expiration of leases, • Develop and implement polity initiatives: created policies and procedures related to landfill credit accounts and new landfill software, • Facilitate, leads and participate in; lease negations, school district banking and in-kind reconciliations, property steering committee meetings, and SWAB (Solid Waste Advisory Board) meeting presentation, • Research and respond to questions from; the general public, peers, department heads, borough manager, committee and service district members, school district, borough attorney, state agencies, title companies, fisheries and economic analysts, and assembly requests and questions, 2010-2011 Resource Management Systems of Alaska, Inc., Kodiak, Alaska - Shareholder/owner • Consulting, accounting and payroll services including; o Strategic and long-term business plans, o Setting up accounting procedures and payroll processes, o Processing payroll and filing federal and state reports Confirming the Manager's Appointment of the Director of Fina... Page 347 of 367 AGENDA ITEM #13.D.4. 2004-2010 Holmes& Associates, Centralia, Washington - Lead Accountant • Strategic and visionary: develop and implement plan for move to paperless office work system (completed in two months), • Ensuring compliance with statutory responsibilities and directives: formulation of paperless retention and purge policies for client tax data, payroll data, Financial reports and company workpapers, • Directs and participates in the preparation of: monthly client billing and staff productivity goals, • Staff supervision; facilitated staff training goals, hiring and training of seasonal staff • Recommendations to management; prepare client ratings for annual disengagements, • Tradif!on al accountant duties (see desviptiontelow under K&SAccounting) 2002-2004 Ben Kostick, CPA, Inc, Chehalis,Washington- Accountant(seedescripuon listed below underK&s accounting) 1998-2002 K&S Accounting, Napavine, Washington (purchased bV Ben Kostick, CPA, Inc.) - Accountant • Maintain and audit client financialrecords Prepare; o monthly and quarterly client financial statements o state and federal tax preparation (individual, S -corporation, C -corporation, limited liability companies, fiduciary and not-for-profit) o payroll processing (live and after -the -fact), state and federal payroll reporting (employment security, labor & industry, 941, 940, 944 and 943), o state revenue and excise reports and other miscellaneous reports as necessary, o provided phone and reception back-up as needed. 1996-1998 completion of Bachelor's Degree in Accounting 1987-1996 WeverhaeuserComoanv Vail Timberlands Operations, Chehalis, WA (1994-1996) - Office Manager Vail Timberlands Operations Vail, WA (1991-1994) - Office Manager Vail Timberlands Operations, Chehalis, WA (1987-1991) - Administrative Assistant Office Monger: • Staff supervision; supervised and scheduled up to three employees, determined priority and coordinated administrative needs for three departments, • Facilitates and lead; monthly staff meeting including safety and health and wellness topics, • Ensuring compliance with company directives; responsible for office budgeting, accounts receivable, accounts payable, contract preparations and tracking (logging, cutting, selective cut, trucking, specialty forest products and road construction), contract payments security deposit collections and payments and payroll data entry, • Strategic and visionary long-term goals; participated on the Log System Improvement team for three years, supervised the closure of the Chehalis office and staff and equipment transition to the new Vail office. 1987-1996 Weyerhaeuser Company (cont'd) Administrative Assis tont: • Responsible for contract road construction, contract cutting and trucking payments, contract compliance and progress tracking, and truck ticket and scale data entry. Provided phone and reception coverage. Confirming the Manager's Appointment of the Director of Fina... Page 348 of 367 AGENDA ITEM #13.D.4. Education ' 1998 Linfield College, McMinnville,OR — Bachelor of Arts in Accounting 1995 Centralia College, Centralia, WA -Associates of Arts 1986 Centralia High School, Centralia, WA -diploma Non-academic education Have been independent since age 17, bought my first house at 18 (and still own it( and had a goal of attaining my CPA license. Eventually, I achieved my goal while supporting myself and paying 100% of my educational expenses. References Available upon request Confirming the Manager's Appointment of the Director of Fina... Page 349 of 367 AGENDA ITEM #13.D.4. oard of A=untafv WASHINCTOH STALE . :...r19 Ham Con mer Pmfe bon Individual Licensing Form Licensing Rescur. r Us rLicensee Search • Individuals - ----. First N,]me :d[v Lw N,mj if(]•• f_wny '�lw Slmc _. -�,r.l mrtio.elacva n+rn'f'— e..�Tmrc Sealeh Lµ4 •uselns • EMooun NUJ 10c. I...L.:. �JH 'Nit, pl.Klalnb! MInBInIJI0a1 nIINnSpdAr'CV Mn�'d nY ntlOn 11 R , nl I/rn SVlp[(J(1 p011Jflnf CI IIIJIt]t.]SISJ nvltlMllJ M2Yin111L' FC6v10 T:lnttylll Mi! In/pnlr.Ilan IS uPNW VhUy Inv inbrminmr (pulp avnl¢n MN oNln a nor O'n+anaed In etl..Vl o! land, rI1CBwNWJs nd Bn99rve9 MO u[CCIflus InlortwllCnfur Rny oYlJCse nM osslch It. In)nmldwn WXb dI.41le rt.LL1M[e Iau:a nrft CAberq Cn a'tkol and]rsemonl nl mry IndlvNud moon FOr m01p 41kM.111011 JC041 dny l(Xl ulCull O/M1',n llnM pnfnll tl]Up. fwd ly 2IlCWnI, Ul IJ (nN.Itl JLVYIYIiy (d ICM.MIWIy f'pill]FPn]ptr(yl qn lllN.I(]I1.11 nr nml el.. CenUlllta 6rL •JnKa dJn[liy YI(:If01).•,]?$1 IA http!//apps.cpaboard.wa.gov/Dernult.aspx'?querytype individpal 4'8'2016 Confirming the Manager's Appointment of the Director of Fina... Page 351 of 367 AGENDA ITEM #13.D.4. Division of Corporations, Business and Professional Licensing License Details License#: CPA12618 Pro. -rum: Public Accouniancy Type: Certified Public Accountant Status: Active IssueDatc: 8/15/2012 Effective Dale: u/29/2015 Expiration Date: 12/31/2017 Mailing Address: KODIAK, AK. UNITED STATES Owners Owner Name [:miry Status Entity tl DORA t..CROSS Relationships No Relationships Found Designations No Designations Found Agreements/Actions/Accusations No Agreements/Actions/Accusations Found hup; ansveontnterceal.nkagoschr�Mnin,ProlDutail.aspx?id CPAI2618 4812016 Confirming the Manager's Appointment of the Director of Fina... Page 352 of 367 AGENDA ITEM #17.8.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending January 31, 2016 BALER BUILDING FLOOR REPLACEMENT This project was for replacement of the concrete floor topping at the Landfill Baler Building which had been severely worn down, particularly in the area directly in front of the baler equipment. A bid package for repairs to the floor was compiled by staff based on the concrete topping product used when the floor was last repaired in 2007. The project was put out for bid in September 2015, and on October 1, 2015, the Assembly voted to approve a contract to the low bidder, Diversified Construction of Eagle River, Alaska. Construction started January 16, 2015, and was completed on January 21, 2016. Demo of Existing Floor Placing New Concrete Topping FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR New Floor KIB received a Alaska Legislature grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for installation of the new generator. Staff is currently working with the Fire Protection Area No. 1 Board to determine the best way to complete the installation of the new equipment. FLOORING REPLACEMENT— MAIN AND PETERSON This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring throughout Peterson Elementary School and at the Main Elementary gymnasium. KIB issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Design is currently underway. This work is scheduled to be completed during summer 2016. January and February 2016 Change Order Report, KHS Wilson, 0... Page 353 of 367 AGENDA ITEM #17.8.1. LANDFILL LATERAL EXPANSION Phase I of the Landfill Lateral Expansion project was clearing, excavation and realignment of the road at the landfill, and was completed in August 2012. Phase II was construction of a new fully -lined landfill cell and leachate collection system, and was completed in November 2015. Landfill staff will begin placing bales of municipal waste In the new cell at the beginning of February 2016. Phase III is construction of a new Leachate Treatment Plant, and has progressed to the point that the new plant is currently operating In semi-automatic mode. Testing for the water quality of the treated water initially Indicates that the plant is functioning well and the values are well below permitted levels. Plans to accumulate leachate in the leachate collection lagoon have been delayed for further specific testing to ensure regulatory compliance. Staff anticipates the end of February prior to utilizing the lagoon. The first "wasting" or processing of Waste Activated Sludge is planned for mid-February. This process will utilize the polymer injection equipment and the belt filter press to produce the sludge by-product from the treatment process. This material will In turn be placed in the landfill for disposal. Phase III contractor ASRC SKW Eskimos is scheduled to be fully complete by March 31, 2016. Several components scheduled for installation Include fall protection systems, air intake silencers and repair of the caustic transfer pump. PETERSON BOILERS AND CONTROLS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. KIB issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Design Is currently underway. This work Is scheduled to be completed during summer 2016. Note. A status report an the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering, Inc. Project Status Report—January 2016 Page 2 January and February 2016 Change Order Report, KHS Wilson, 0... Page 354 of 367 AGENDA ITEM #97.B.1. January and February 2016 Change Order Report, KHS Wilson, 0... Page 355 of 367 WILSON ENGINEERING MONTHLY PROGRESS REPORT Kodiak High School Renovation Period Ending; January 31, 2016 Summary: This period, January 2016, all phases of the Kodiak High School Renovation Project were deemed complete. At the completion of each phase, the City of Kodiak Building Department issued a Temporary Certificate of Occupancy pending overall completion of the project. With the project now complete, Watterson Construction has requested final inspection for the issuance of the completed Certificate of Occupancy. Work efforts this period included final commissioning of mechanical and electrical systems including the automated building control systems. Various contractors continued punchlist corrections through the month. Also completed this period was the modernization upgrade to the existing Area B Elevator. Completion of exterior work such as landscaping and touch-up painting is deferred until spring pending completion of the added work to install siding at Area D, E & F. The siding project commenced this period with installation of sub -framing, insulation and weather barrier. Siding material is expected to arrive on island late next period. As the project draws to a close, this project manager will not be actively on site after this period. I will however continue to support the KIB management team with final closeout documents. This will be the last PM monthly report provided. Thank you, it has been a pleasure working with all of you. Work This Period: All Phases completedFinal Commissioning • Punchlist corrections • Area B Elevator upgrade completed ki Work Scheduled Next Period: • Minor punchlist corrections • Exterior siding Area D, E & F Area D before Schedule Status: Phase 9 completion revised to December 18, 2015 �'- Scheduled Milestones In Progress RFI's Phase Start Milestone % Complete Last Period 4 4-5-13 11-18-14 100% This Period 01 5 6-1-14 08-21-14 100% Open RFI's 00 6 6-1-14 11-01-15 100% 7 5-15-15 08-20-15 100% Total To -Date 793 8 3-01-15 08-20-15 100% 9 6-01-15 12-18-15 100% Area D after Installation of insulation Bruce Walter, Project Manager January and February 2016 Change Order Report, KHS Wilson, 0... Page 355 of 367 AGENDA ITEM #17.8.1.NN January and February 2016 Change Order Report n m n m m In o m n m m m o °i of n m In a o n In In o h ° o o ¢ o o ai ° {R Vl t/1 y N C N E! m N n o o � '- o In E m a N E ° n Y C .• � a v ¢ E d `D s � 00 O O � ° m o o E o l� ° „ caLq o vtv C o E O u a j ¢ �R O Y Ill v m � 01 G O V Ol I11 m W ° rl n ° O g rl o N N O o V ti a 0 `w a m Y m n a N ry rn 4ia e m m c In o = v o m y ti = a 0 o .i 6 y a ° a - a, u L ° p v `o • O v In � 2 v c a = � J w LL LL y 1 n` E m U m Q U v LD O January and February 2016 Change Order Report a ° a - a, u v `o v In a = J w LL LL Y 1 , KHS Wilson, 0... Page 356 of 367 AGENDA ITEM #17.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Bud Cassidy, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending January 31, 2016 Below is a summary of approved change orders for capital projects forJanuary 2016: Baler Building Floor Diversified Construction. Inc. — Contract 2016-24 Change Order#2-$7,657.76 Provide two super sacks of Dayton Superior Emery Tuff Top Flowable product per Cost Proposal 003. Purchase of this product will allow Landfill staff to complete miscellaneous concrete projects at the Baler Building. & Peterson Jensen Yorba Lott — Contract 2014-13 Change Order#22-$29,163.00 Provide design, bidding, and construction administration for the Flooring Replacement— Main and Peterson project. Design and bidding phases to be lump sum, construction administration to be time and materials. Construction administration fee includes responding to contractor questions, review of submittals, and site inspections. This is a change order to term contract 2014-13 for architectural/engineering services. Previous projects completed under this contract include Chiniak UST Replacement, Kodiak Middle School Concrete Repairs, Anton Larsen Bay Dock Replacement, Four School Generators, Port Lions Painting, and Womens Bay Emergency Shelter. Kodiak High School Addition and Renovation Watterson Construction Co. — Contract 2013-24 Change Order #66 - $85,895.00 PCO #225 — RFI 167 was issued pointing out that the sprinkler stand pipe routing and tying together in the penthouse would not be in compliance with NFPA 14 6.3.2. The contractor's recommendation to install valves and route the pipes to level one was accepted by PDC Engineers. $5,109.00 PCO #227—Just below corridor A100 there is a utilidor that runs north -south. Mechanical plans show a sewer tie-in for a new sewer line. The tie-in connection point of the existing sewer line Change Orders —Jan u a ry 2016 January and February 2016 Change Order Report, KHS Wilson, 0... Page 357 of 367 AGENDA ITEM #17.8.9. was burled below the utilldor concrete floor slab. The existing reinforced slab had to be removed and replaced to accomplish the tie-in. $15,367.00 PCO #248 — Specification Section 026500 Underground Tank Removal included the requirement to assume up to 10 cubic yards of contaminated soil might be encountered during removal of the underground storage tank at the Learning Center. The actual amount of contaminated soil encountered exceeded 60 cubic yards Including contaminated ground water. Because the contaminated soil extended beyond the boundaries of the tank excavation, the environmental consultant was required to make additional trips to Kodiak. Additional efforts were required by both the contractor and the consultant for ADEC approvals. $32,416.00 PCO #253 — Storage D130 was originally scheduled to receive a drywall ceiling. To allow access to the HVAC control box above, the ceiling was deleted leaving it open to structure. This change required modifications to the fire sprinkler and above the ceiling additional taping and painting. $3,362.00 RFP #181—At intermediate landing between 2"d and 3rd floors in the East Stair Tower, there is a structural support beam that is protected with spray fire proofing (SFRM). This beam Is within reach of students passing by. The SFRM Is now showing signs of abuse. This RFP was Issued to protect the SFRM with a hard painted surface. $2,127.00 RFP #185—Kitchen hoods and the exhaust fans are Installed per the contract documents. In the current configuration all four hoods do not have local on/off controls and are exhausting 24 hours a day, 7 days a week. The work requested in this RFP would provide both automated and manual local control of the fans. It Is estimated that costs associated with this change would be recouped in energy savings in less than two years. $12,285.00 RFP #187 — Recent Inspections and observations during KIBSD fire drills has prompted an in- depth inquiry into the locations of exit signs. This inquiry has revealed that some existing exit signs need to be removed, relocated and/or modified to better direct the egress of staff, students and general public in Areas A & B. Also realized was the need for additional code required exit signs In corridors and rooms where occupancy exceeds minimum limits. The work associated with this RFP Is considered a critical Life Safety Improvement. $15,229.00 Change Order #67 — ($70,033.00) The three PCO's Included in this change order are related to the exterior cladding scope of work. The exterior cladding scope of work was value engineered from the bid day design to bring the cost down from $1,492,000 to $710,350, and approved by the Assembly in August 2015. After the change order was approved both the contractor and project management team had further opportunities to review the value engineered design and it was discovered that additional costs were necessary. Rather than Increase the cost it was agreed that the window replacement scope of work would be removed, resulting In a credit to the contract. These cost adjustments and removal of the window replacement scope were discussed with the Assembly at a work session In December 2015. PCO #249 —The scope of work In Area D & E included adding new exterior man doors and overhead sectional doors. Because the change in elevation from Inside the building to the exterior paved surface is +/- 7", the City of Kodiak Building Inspector required that we Install exterior landings and walkways for safe egress. $27,609.00 PCO #250 —After a detailed review of the cost for the exterior cladding, the following cost adjustments were noted: 1) Mechanical subcontractor provided a $14,682 credit for work no longer required based on the value engineered design. Change Orders—January 2016 Page 2 January and February 2016 Change Order Report, KHS Wilson, 0... Page 358 of 367 AGENDA ITEM #17.8.1. 2) Electrical subcontractor increased $1,828 because the City of Kodiak Building Inspector required that scheduled exterior lighting be Installed for the Phase 7 Temporary Certificate of Occupancy. These lights will now need to be removed and reinstalled to accommodate the siding installation. 3) In the approval for the cladding, the painter provided a full value credit of ($22,000) which was Included In the approved total of $710,350. After review, the painter realized that the credit Includes materials and rented equipment which Is still in use. The painter's cost Increased $6,848. 4) The revised siding system was reviewed by the City of Kodiak Building Inspector for approval. This review resulted in the Installation of rock wool Insulation behind certain sections of siding to create fire/smoke stops. The added cost for draft stops is $11,417. 5) Fire sprinkler locations were completed and operational for the completion and Temporary Certificate of Occupancy at Phase 7. Fire sprinkler apparatus will now need to be extended to accommodate the new siding system. This added cost Is $2,600. PCO #252 - When PCO 218 was approved for the Area D, E & F cladding, it Included removal and replacement of the Area F windows. After reviewing remaining contingency funds and forecasting potential additional expenses through the end of the project, it was decided to omit the new window package. This decision will also omit the need to replace the hydronlc baseboard system which was valued at an additional cost of $135,836; along with the window framing, drywall, painting, demolition and abatement. ($133,776.00) Landfill Lateral Expansion Phase II Brechan Construction, LLC- Contract 2012-21 Change Order #25 - ($90,395.08) This change order has been prepared as a credit due to contract line Item work that was determined not required and omitted or to reflect bid quantities not utilized. New completion date for contract is February 12, 2016. Peterson Elementary Boilers and Controls Jensen Yorba Lott -Contract 2014-13 Change Order #23 - $10,089.00 Provide programming and concept design services for the Peterson Elementary Boilers and Controls project. Mechanical and Electrical engineering costs to be lump sum, Architectural and Energy Analysis to be time and materials. This Is a change order to term contract 2014-13 for architectural/engineering services. Previous projects completed under this contract Include Chiniak LIST Replacement, Kodiak Middle School Concrete Repairs, Anton Larsen Bay Dock Replacement, Four School Generators, Port Lions Painting, and Womens Bay Emergency Shelter. Change Orders -January 2016 Page 3 January and February 2016 Change Order Report, KHS Wilson, 0... Page 359 of 367 AGENDA 7£m m7a1 January and February 2016 Change Order Report, meWilson, o. Page 360 @@7 • ...§. � �±Ef■� | | a§!|! | t! i \ | | ). | « , / { � }}\\{ \\ / January and February 2016 Change Order Report, meWilson, o. Page 360 @@7 AGENDA ITEM #17.8.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax (907) 486.9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bill Roberts, Acting Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending February 29, 2016 KODIAK HIGH SCHOOL ADDITION AND RENOVATION Watterson Construction completed the majority of work for the Kodiak High School project by January 2016, and the only ongoing work is exterior siding Installation at the existing school areas housing the shop classroom wing and new school district offices. Installation of new framing, Insulation, and weather barrier was completed during February 2016. Installation of siding is scheduled to begin In early March and take approximately two months to complete. Remaining work on the project Includes completion of landscaping scheduled to occur In spring. As the project draws to a close KIB has received several claims from Watterson that are currently under review in accordance with the process outlined In the contract documents. The total for all claims Is approximately $1.5 million. Completed weather harrier installation waiting for siding LANDFILL LATERAL EXPANSION Phase I of the Landfill Lateral Expansion project was clearing, excavation and realignment of the road at the landfill, and was completed in August 2012. Phase 11 was construction of a new fully -lined landfill cell and leachate collection system, and was completed in November 2015. Landfill staff began placing bales of municipal waste in the new cell in February 2016. Phase III was construction of the new Leachate Treatment Plant that is currently operating in a semi - automated state. Difficulties with the influent pumps and intake screen unit pumps are delaying the plant process to go to fully automated. These difficulties are being worked out with the appropriate vendors and contactors. January and February 2016 Change Order Report, KHS Wilson, 0... Page 361 of 367 AGENDA ITEM #17.6.1. The belt filter press supplier has been to the site and the press was started and the first sludge from the wasting process has been produced. This wasting cycle has Identified some deficiencies with the suction Intake on the waste activated sludge tanks. The remedies are being discussed for correction. The belt filter press itself functioned very well and produced waste sludge well below the percentage of water originally anticipated. Work anticipated In March 2016 Is as follows: • Resolution of the Influent pump Issues • Installation of the silencers In the blower Intakes to reduce external plant noise • Resolution of the electrical Imbalance with the overhead fans • Installation of the fall protection system • Completion of the Informational packet for the Assembly describing the Rain Sheet project The current projection is that by April 2016, the plant should be in full automatic mode and the leachate lagoon will be put Into use. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received a Alaska Legislature grant In 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for installation of the new generator. Staff is currently working with the Fire Protection Area No. 1 Board to determine the best way to complete the Installation of the new equipment. FLOORING REPLACEMENT—MAIN ELEMENTARYAND PETERSON ELEMENTARY This project was Included on the list of bond projects approved by voters in the 2014 election, and Is for replacement of flooring throughout Peterson Elementary School and at the Main Elementary gymnasium. KIB Issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Design is currently underway, and the Architectural/Englneering Review Board (ARB) reviewed the 65% design on February 25, 2016. The ARB requested more information before approving the 65% design, and a meeting is scheduled for March 8, 2016. This project is scheduled to be put out for bid in March 2016 and completed during the upcoming summer. PETERSON ELEMENTARY BOILERS AND CONTROLS This project was Included on the list of bond projects approved by voters In the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. KIB issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. Design is currently underway and the ARB reviewed and approved the 65% design on February 25, 2016. This project is scheduled to be put out for bid in March 2016 and completed during the upcoming summer. This work is scheduled to be completed during summer 2016. ROOFING REPLACEMENT— EAST ELEMENTARY AND KODIAK MIDDLE SCHOOL This project was Included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the roof over the cafeteria wing at East Elementary and the steel bus canopy at Kodiak Middle School. KIB Issued approval for Jensen. Yorba Lott to begin design work under term contract FY2014-13. Design Is currently underway, and the ARB reviewed and approved the 65% design on February 25, 2016. This project is scheduled to be put out for bid in March 2016 and completed during the upcoming summer. Project Status Report — February 2016 Page 2 January and February 2016 Change Order Report, KHS Wilson, 0... Page 362 of 367 AGENDA ITEM #17.8.1. January and February 2016 Change Order Report N tO V N N n vl N t0 O n lD 06 O Ot ttt n n m ry a a m n in I° m ry N O Q O O n v n O W N Vf u W� h N ° O If1 Ill N m n � :7 m c N N E m h m m µ E 'x v .• m a O �O y ry o d m rn Ian $ o oNo co rri � M y vi � °i u' 9 L O j N a r c O v m m N e M a C -0 � (0 LE O m N � Y C Y � a � a c o w D o a a Y ° CL z q T p U43 QJ N N N N • G 2 � O C O W °i v 0 O n E `u +c m y u � E v � 4 a U' ra Ci O. a O Oq d Ci ' O O� C Ci a � a c K c c� �' a LL ¢4 Glia c`i o LL LL Y J 6 1' January and February 2016 Change Order Report � a QJ N N N N • G 2 � O C O W °i v 0 O n E `u +c m y u � E v � 4 a U' ra Ci O. a O Oq d Ci ' O O� C Ci a � a c K c c� �' a LL ¢4 Glia c`i o LL LL Y J 6 1' , KHS Wilson, 0... Page 363 of 367 AGENDA ITEM #17.8.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Bill Roberts, Acting Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending February 29, 2016 Below is a summary of approved change orders for capital projects for February 2016: Anton Larsen Bav Dock Jensen Yorba Lott—Contract 2014-13 Change Order #26 - $33,624.00 Additional design costs due to splitting project into two contracts for procurement and installation and additional on-site inspections and observations required due to extension of performance period and contractor scheduling. $28,179.00 Additional design costs for added post -construction scope of work, including new concrete approach, bollards, drainage reconfiguration, and site signage. $5,445.00 This is a change order to term contract 2014-13 for architectural/engineering services. Previous projects completed or currently underway under this contract include Chiniak UST Replacement, Kodiak Middle School Concrete Repairs, Four School Generators, Port Lions Painting, Womens Bay Emergency Shelter, Peterson Boilers and Controls, Main Gym and Peterson Flooring, and KMS Bus Canopy and East Roof Replacement. Kodiak High School Addition and Renovation Watterson Construction Co. — Contract 2013-24 Change Order #68 - $25,892.00 PCO #229 —The owner has agreed to accept the $10,000 credit offered by EFCO for defects in the anodized finish on Aluminum Storefront Frames identified on Phase 4 Substantial Completion punch lists 1 through 12. To avoid extensive disturbance to the occupied school complex, the credit is reasonable and accepted in lieu of replacement. The Owners acceptance of defective material is limited to the aluminum frames noted in the Phase 4 Substantial Completion punch lists 1 through 12. Acceptance of this credit shall not void the EFCO warranty in regards to all remaining installed EFCO products. ($10,000.00) Change Orders— February 2016 January and February 2016 Change Order Report, KHS Wilson, 0... Page 364 of 367 AGENDA ITEM #17.8.1. PCO #241- PCO 212 for the paving at Egan Way was approved in good faith based on the cost breakdown provided. After approval, Watterson found a math error In one of their spreadsheet formulas. It has been confirmed that the error was in the previously submitted and approved spreadsheet. The additional $8,196.00 would have been Included In PCO 212 and approved when It was originally processed. $8,196.00 PCO #254 -Aluminum Storefront Door A424 was Installed with the door swinging in the opposite direction from what Is shown In the construction documents. Reconstructing the storefront system to the correct configuration would most likely cause more damage to the surrounding surfaces than necessary. In lieu of corrections, the vendor has offered a credit. ($2,500.00) PCO #255 -This PCO includes the items listed below. $14,945.00 1. The response to RFI 763 added an additional concrete step outside of Door B148-2, requiring modification to the galvanized handrails. 2. The response to RFI 774 required the existing CMU wall behind the display case to be covered with drywall to cover the existing poor condition. 3. In Dining 8225, the free standing counter was installed level on top of the existing sloping floor slab. Rubber base was added to cover the gap and counter material was added as a toe kick to protect the bottom of the laminate panels at the ends. 4. In Career Center 8235 the scheduled horizontal curtainwall mullions were below the ceiling elevation. Aluminum break metal was added to cover the exposed spandrel glass. S. The Phase 6Kitchen punch list required stainless steel pipe enclosures be added at kitchen vent pipes. 6. The Temporary Certificate of Occupancy inspection report provided by the City of Kodiak Building Inspector required modifications to the Installed handrails at the "F" Ramp by Door F100-4 7. In Dance D122, the specified mirrors that were on site were replaced by higher quality owner supplied mirrors. Manufacturer's installation recommended solid plywood or MDF backing behind the mirrors and for it to be primed. B. The response to RFI 783 required the ceiling In Cafe D128 to be raised to avoid a conflict with the coiling counter door enclosure. 9. At Mechanical Room ESDS, exterior ductwork hoods requiring paint were not shown on either sheets A5.12 or A5.16. 10. In Dance D122, the existing joists had multiple runs of X -bracing that required additional work to Install the ceiling panel 5" below the roof deck. RFP #189 - In Area D, AHU 108, AHU 109 & EF 124 were balanced several weeks ago to the air flow values provided In the construction documents. During recent commissioning efforts it was determined that these fan systems were not performing at their optimum level of performance. New values were established by PDC Engineering requiring that all three fans and their discharge dampers be rebalanced to the revised values. $15,251.00 Landfil Lateral Expansion Phase 111 ASRC SKW Eskimos. Inc. - Contract 2014-24 Change Order #9 - $51,445.00 This change order has been prepared to provide the material and labor for the following three tasks: 1. Installation of silencers on the Intake piping for the Arzen Blowers (6ea.) to reduce the ambient noise level on the exterior of the plant. $35,817.00 Change Orders- February 2016 Page 2 January and February 2016 Change Order Report, KHS Wilson, 0... Page 365 of 367 AGENDA ITEM #17.8.1. 2. Refit the caustic pump to better accommodate the Sodium Hydroxide viscosity and provide for safe chemical transfer to the external storage tanks. $9,287.00 3. Replace the 12 VDC wire and replace with 120 V AC wire to accommodate upgraded components In CP01 (Control Panel 1). $467.00 4. Replace PDSL switches, rewire Go -no -Go panel to terminate connections, installation of new conduit and wiring to PLC. $5,874.00 CI -12M Hill. Inc. -Contract 2007-22 Change Order #23 -$20,372.00 This change order has been prepared to provide continued services to Include: 1. Provide assistance and preparation of a Best Management Practices Plan as required for the Alaska Pollutant Discharge Elimination System permit for the KIB Leachate Treatment Plant. Final plan to be delivered by February 26, 2016. $13,735.00 2. Provide assistance and preparation of a Quality Assurance Project Plan for the KIB Leachate Treatment Plant APDES discharge permit monitoring requirements. Final plan to be delivered by March 18, 2016. $6,637.00 3. Final contract date is being extended until April 29, 2016 at no cost. CH2M Hill Services During Construction are required during the startup phase of the plant. Funds remain In the contract to continue this effort through the proposed new contract end date. Peterson Elementary Boilers and Controls Jensen Yorba Lott - Contract 2014-13 Change Order #24 - $64,805.00 Provide design, bidding, and construction administration for the Peterson Elementary Boilers and Controls project. Design and bidding phases to be lump sum; Construction administration to be on a time and materials basis. Construction administration fee includes responding to contractor questions, review of submittals, and mechanical/electrical site Inspections. This is a change order to term contract 2014-13 for architectural/engineering services. Previous projects completed under this contract Include Chlnlak LIST Replacement, Kodiak Middle School Concrete Repairs, Anton Larsen Bay Dock Replacement, Four School Generators, Port Lions Painting, and Womens Bay Emergency Shelter. Roofing Replacement -East and KMS Jensen Yorba Lott- Contract 2014-13 Change Order#25-$69,468.00 Provide design, bidding, and construction administration for the East Elementary Roof and KMS Bus Canopy Replacement project. Design and bidding phases to be lump sum; Construction administration to be on a time and materials basis. Construction administration fee Includes responding to contractor questions, review of submittals, and site Inspections. This Is a change order to term contract 2014-13 for architectural/engineering services. Previous projects completed under this contract Include Chiniak LIST Replacement, Kodiak Middle School Concrete Repairs, Anton Larsen Bay Dock Replacement, Four School Generators, Port Lions Painting, and Womens Bay Emergency Shelter. Change Orders- February 2016 Page 3 January and February 2016 Change Order Report, KHS Wilson, 0... Page 366 of 367 AGENDA ITEM W.B.I. January February 2016 Change ode Report, msWilson, o. 5@ 367 of 367 - ...7.. ] - �§ g - .| t! ! \))\)| January February 2016 Change ode Report, msWilson, o. 5@ 367 of 367 Iv I jy Kodiak Island Borough Assembly Regular Meeting Guidelines April 21, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Richard Greene of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend 3. 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 any Assembly Member who may be absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by removing item DA Confirmation of Mayoral Appointments to the Marijuana Task Force. VOICE VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION AS AMENDED. 5. APPROVAL OF MINUTES X16 Regular Meeting Minutes of February 4, 2016. Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 1 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 7. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award — Administrative Official Roberts • Mr. Paul VanDyke, Information Technology Supervisor in the Information Technology Department B. Presentation of the Certified Municipal Clerk Designation to Deputy Clerk Angela MacKenzie — Clerk Javier C. Presentation to Outgoing Finance Director Karleton G. Short — Administrative Official Roberts D. Great Land Trust Presentation 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 2 12. UNFINISHED BUSINESS A. RECONSIDERATION of Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Assembly members Peterson or Crow should be the maker of the motion. Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. Clerk's Note: Discussion is to focus STRICTLY on the reason to reconsider the vote. Staff Report —Deputy Clerk MacKenzie. Assembly member Peterson seconded by Assembly member Crow filed a affidavit to reconsider the vote taken on Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. If the motion to reconsider passes with a majority vote, the original motion "which is to approve Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager will be before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained on an specific vote even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. Assembly discussion. ROLL CALL VOTE ON MOTION TO RECONSIDER. If the motion to reconsider fails, move to THE NEXT ITEM If the motion to reconsider passes with a majority vote, the original motion which is "Move to approve Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager" will be before the Assembly as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Assembly discussion Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 3 ROLL CALL VOTE ON MOTION TO APPROVE CONTRACT NO. FY2016-44. B. Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. This Resolution was postponed from the regular meeting of April 7. The motion that is on the floor is to "Move to approve Resolution FY2016-33." Staff Report—Administrative Official Roberts Assembly discussion ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2016-45 A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Recommended motion: Move to adopt Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Staff Report—Administrative Official Roberts Assembly Discussion ROLL CALL VOTE ON MOTION. B. Resolutions — None. Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 4 C. Ordinances for Introduction 1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C - Conservation District to I -Industrial District. Recommended motion: Move to adopt Ordinance No. FY2016-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report —Administrative Official Roberts Assembly Discussion ROLL CALL VOTE ON MOTION. D. Other Items Confirmation of Mayoral Appointments to the Marijuana Task Force. Recommended motion: Move to confirm the following Mayoral Appointments as follows: (Waiting for Mayoral Appointments.) Assembly Discussion ROLL CALL VOTE ON MOTION. 2. Declaring a Seat on the Architectural Review Board Vacant (Ms. Kelsea B. Kearns). Recommended motion: Move to accept, with regret, the resignation of Ms. Kelsea Kearns from the Architectural Review Board and direct the Borough Clerk to advertise the vacancy per Borough Code. Assembly Discussion ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 5 3. Confirmation of Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson). Recommended motion: Move to confirm the Mayoral appointment of Mr. Stephen Paulson to the Parks and Recreation Committee for a term to expire December 2018. Assembly Discussion ROLL CALL VOTE ON MOTION. 4. Confirming the Manager's Appointment of the Director of Finance (Ms. Dora Cross). Recommended motion: Move to confirm the manager's appointment of Ms. Dora Cross as the Director of Finance. Assembly Discussion ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, April 28 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, May 5 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 21, 2016 Page 6 -o m c c c O U N am a m m m a� U a� ca U a) C. \C0 7 cm N O C m CD o 0: U N ro N 0 0 N CL 0 ai 0 m L m v c v Co c m .0 x �O a`o Ec O v d (D E `o o` c � o Q N a C L CLi N a) N N E -O E m m E= as N (r - C 'iF O E O N o z LU T C' E 15, LL >\Cl) Ow m N ro a 7 c m C C Z `y o o ` m L c a E o LL Vl-U U CL cnn cn ZH o >° w m w vi ¢ T p > w ca 2 > Cl. W N m m CO O i N \ W >Q i J L r W w ro N c N U z O O N N x O dN O E Q E a of Z v o " ° ) LE c CL U Cl. a v U J (n cn F 5. m m cwn F- m m LL o O Z 0 E ro Lu z > E m CL LU i = N Lo 7� O w W ° Y m C N C C "O ( x O C P z o 0 L c E> LL o V U m Q cn co LLp IQ- E° a%, m N L E a z y LO Z Q U > o En w Cl. wE —7 a F O 3 y q Z w W N aci " j X C ° L C c ° O VCL D O N o ° C Y a) L aa) E T W Y c a) n Z J d Q fn fn Z< Q I-- a 0 U m � U N x (0 O ro N o Oro Cl. > Z o >a y � > LL g o } p E N c U) C W z co CT ` c E c oo Z O `ca E s O ! FC.) m uwi 2 N ro N 0 0 N CL 0 ai 0 m L m v c v Co c m .0 x �O a`o Ec O v d (D E `o o` c � o Q N a C L CLi N a) N N E -O E m m E= as N (r - C 'iF O E O N r� S u •O CD N N CD U a) 'I7 Cl) '5 c N O N a� Gc 0 O N � CL.2 Ln > a) v a y aa) �0a ma c a Ca C c N y X �O C O (O O iii E Q) CL N d Q� E d ` O O C c � m N.o - N N O_ CL a L rN a� N U N E oa E E = >O y O co 0 a E d O y Q R N '00 O N N T O p 0 o aa) m z V uj 2 F m S P `.NCC ON LL Co m 00 > c r E O Lu o .e�cn ti U a m UU)U ) z PO >o, r LU m cn vi ¢ v O > m as T Z Cl. ~LLI m L N L N } LL O V 7' y CLU Z m m �� C N C P aL 0 N W `7 L C C L O_ E E = U D C C d LL Z U G� O U Q °�' a �0 in u'i w H ! >1 m V/ Cl)c L L L G L C G N c G L c G L0 c L O L r �c a) ca C� 2 �� LL \ N a Cb o X O NN w O a � \ U C`• � t z O 0 0 L C O_ E o O N LL U Ua aC in cn LLO °. m U) L E Z Q =E X N o b U Lij o 3 LU N NLL a m t Z C C E O G \Y Z CT 3 O 0� O E 0 c Y n O T CD J s O LL V Lu U d cr U) vi U U) Q = F¢ 0 o. a) o. cn m In `� U F- x Z \ > C�, w __ \\ 1v O / C� � \ LL O o � ' Z A N N _/ y X 0 O N O N C N cL O Q = a1 E z o 0 L 0 ca) -E U m N OF Cl) '5 c N O N a� Gc 0 O N � CL.2 Ln > a) v a y aa) �0a ma c a Ca C c N y X �O C O (O O iii E Q) CL N d Q� E d ` O O C c � m N.o - N N O_ CL a L rN a� N U N E oa E E = >O y O co 0 a E d O y Q R N '00 O N N T O p 0 o aa) m a O N C N O LU ❑ Q LU 2 N J J a U J J O cc } J m 2 LU in cn Q N C C7 0 � U m Ir O m a z J U cn U) aM O X y •5 c � o m y m c = m � aNi � a.o Ln m vas N N N LL Qm o d G - ro c c N N N NX O - 0 CL -5 m`o ri E a) LNa m a' 2 E O O cc = �a0, N N O_ a(CD r CL N � ?N E ca U ro N 0,0 E m E >> y O N N t '- O o c v , E E o N N 'N 4 o `o o N C 2[[2 z O X O N N y O C I -z0N > LL m N �L U 3 o E L c c L a E E p w `o .� W U Ll Ir cn ui Cn Cf) Z f¢- o w T ca m N V S� z �� Cl w � L W r , 1 n U p LL LL 0 ID ` L z o x 0 O L ` C O E E QMo U O c C LL V U J Ll Q U) U') CO w F0 >. m cn O m w z LL 0 ^ a m W Q r E m N > \ > U m QG' x D o `m c y c °c N O CI.w F- m w a E L w E o 0 J LL Li ct° in cn LL E m U) Cw7 E z z = ` N U w o > >> o N W ro N 'O (; z 0 X 0 O m �' ` 0] C N n O E 0 w U y C ro LL V U J Ll L Q U) (A � C7 Q J H c a 0 m N U !- X m N L7 z�- CI, 0 N o �! 0 > ���� ��LL J W z E T y s :3 cnx o m (D c m o= ECD E Z ^ L n E U L m N O - y •5 c � o m y m c = m � aNi � a.o Ln m vas N N N LL Qm o d G - ro c c N N N NX O - 0 CL -5 m`o ri E a) LNa m a' 2 E O O cc = �a0, N N O_ a(CD r CL N � ?N E ca U ro N 0,0 E m E >> y O N N t '- O o c v , E E o N N 'N 4 o `o o N C 2[[2 KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: riease PRiN i your name riease rraN i your name \A.N ��GLcJ, J View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of April 21, 2016, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, May 5, 2016, at 6:30 p.m. in the Borough Assembly Chambers. PRESENTED the Employee of the Quarter Award for the First Quarter of 2016 to Paul VanDyke, Information Technology Supervisor in the Information Technology Department. PRESENTED the Certified Municipal Clerk Designation to Angela MacKenzie, CMC, Deputy Clerk in the Borough Clerk’s office. PRESENTED a Plaque to Outgoing Finance Director Karleton G. Short. RECEIVED a Presentation by Austin Quinn-Davidson from Great Land Trust. RECONSIDERED, AMENDED, and APPROVED Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager. APPROVED Resolution No. FY2016-33 Approving a Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. POSTPONED Contract No. FY2016-45 A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. to the Next Regular Meeting of the Assembly. ADVANCED Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision From C-Conservation District To I-Industrial District to Public Hearing at the Next Regular Meeting of the Assembly. DECLARED a Seat on the Architectural/Engineering Review Board Vacant (Ms. Kelsea B. Kearns) and DIRECTED the Borough Clerk to advertise the vacancy per Borough Code. CONFIRMED the Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson) for a term to expire December 2018. CONFIRMED the Manager's Appointment of Ms. Dora Cross as the Director of Finance. Vol. FY2016, No. 25 April 22, 2016 Kodiak Island Borough Assembly Newsletter