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2017-01-12 Work SessionPage Kodiak Island Borough Assembly Work Session Thursday, January 12, 2017, 6:30 p.m. Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action Is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) AGENDA ITEMS 3 - 8 a. Solid Waste Advisory Board Update To The Assembly SWAB Food Recovery Backup - Pdf 9-12 b. Accessory Dwelling Unit Policy Discussion ADU Brief - Pdf 13-49 C. Discussion of The Fisheries Analyst Contract With McCarty And Associates Fisheries Analyst Contract - Pdf 50-53 d. Meeting Calendar Discussion Due to Conflicts With The Alaska Municipal League and Southwest Alaska Municipal Conferences Meeting Calendar Discussion Backup - Pdf 3. PACKET REVIEW UNFINSHED BUSINESS Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two -Family Dwellings. NEW BUSINESS RESOLUTIONS Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w ww.kodiakak.us 91 Page 1 of 53 ORDINANCES FOR INTRODUCTION Ordinance No. FY2017-21 Amending Chapters 17.25 KIBC (Definitions), 17.160 KIBC (Accessory Buildings), And Related Chapters Of Title 17, Zoning To Include Development Standards For Accessory Dwelling Units And To Specifically List Accessory Dwelling Units As A Permitted Use In Certain Residential Zoning Districts (P&Z Case No. 16- 007). Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. OTHER ITEMS Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. L��il_1►LL :i6YK�]uluMR�*3 CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS Visit our website at ,� facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 2 of 53 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 12, 2017 ASSEMBLY WORK SESSION TITLE: Solid Waste Advisory Board Update To The Assembly ORIGINATOR: Dan Rohrer FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Over the past year, the Solid Waste Advisory Board (SWAB) has discussed issues regarding food disposal in the landfill. In May the board created a letter and survey that were sent to the three primary grocery retailers: Cost -Savers, Safeway, and Walmart. No responses from those grocers have been received to date. Among the concerns of the SWAB was a reluctance to recommend laws for private businesses to recycle food waste since there are no requirements for the public to recycle. Another concern is the lack of an alternative to the landfill for food waste disposal. The City compost facility does not currently accept food waste. Furthermore, the major grocers have corporate policies that restrict distribution to the public after the "use by" or "sell by" dates. If the Assembly feels that this is important enough for the SWAB to investigate alternatives to the landfill for food waste disposal, SWAB can discuss this item further at its January 9, 2017 meeting. PURPOSE, ACTION, OR RECOMMENDED MOTION: This item was been brought forward by the Mayor to give direction to the SWAB board on how to proceed. Kodiak Island Borough Page 3 of 53 Solid Waste Advisory Board Update To The Assembly AGENDA ITEM #2.a. Angela MacKenzie Subject: FW: Food Disposal - Agenda item Attachments: May 9.doc, FOOD RECOVERY SURVEY.doc Mayor Rohrer and Assembly Members This is in response to your request for the Solid Waste Advisory Board (SWAB) to address the issues related to food disposal in the landfill at our next meeting. The SWAB discussed food disposal in the landfill issues during several meetings from January through May of this year. As a first step, In order to team the magnitude of the problem, we sent a letter and a survey form to each of the three main grocery retailers: Safeway, Walmart and Cost -Savers. Copies of the letter and survey are attached. To date we have not received a single response from any of the three grocers. When the SWAB discussed these issues, there was a reluctance to recommend laws for private businesses to recycle food waste when there is no requirement for the public to recycle anything. Another problem is that there doesn't seem to be an alternative to the landfill for food waste disposal. Apparently the City compost facility does not accept food waste. The major grocers also have corporate policies that restrict distribution to the public ager the "use by" or "sell by" dates. If the Assembly feels that this Is Important enough for the SWAB to investigate alternatives to the landfill for food waste disposal, we can discuss this further at our January 9 meeting. Sincerely, Nick Szabo Chairman Solid Waste Advisory Board Page 4 of 53 Solid Waste Advisory Board Update To The Assembly a Kodiak Island Borough Solid Waste Advisory Board 710 Mill Bay Road Kodiak, Alaska 99615 Reduce Reuse Recycle May 9, 2016 Mr. Mike Murray, Manager Safeway, Inc. 2685 Mill Bay Road Kodiak, AK 99615 Dear Mike: AGENDA ITEM #2.a. The Kodiak Island Borough Solid Waste Advisory Board (SWAB) has learned a significant amount of unused food is going into the Kodiak landfill. Typically, food makes up about twenty-one percent (21%) of waste in municipal landfills. We want to investigate diverting some of that food from the landfill. We could save valuable space in the landfill and, potentially, provide much needed foodstuffs for human food banks, animal feed and composting. As an initial step, SWAB is asking local food -sector businesses to provide information about how they are dealing with surplus and out -dated food. With your cooperation and that of other similar organizations, we can develop an overall picture of current food recovery practices here in Kodiak. We hope that this can lead to a program of local food donors and feeding charities working together to develop a food recovery program consistent with the EPA's Food Recovery Hierarchy and the USDA/FDA document "Comprehensive Guidelines for Food Recovery Programs. Please complete the enclosed survey and return it at your earliest convenience. You may transmit your information to Ms. Jenny Clay by: Email to jclay@kodiakak.us Fax to 486- 9394 Surface mail to Jenny Clay, Engineering & Facilities Department, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615 Please be aware that the information that you provide will become part of a public record. Thanks very much for your cooperation. Sincerely, Nick Szabo Chairman Page 5 of 53 Solid Waste Advisory Board Update To The Assembly Kodiak Island Borough Solid Waste Advisory Board 710 Mill Bay Road T Kodiak, Alaska 99615 Reduce Reuse Recycle May 9, 2016 Mr. Alan Large, Manager Cost -Savers 2161 Mill Bay Road Kodiak, AK 99615 Dear Alan: AGENDA ITEM #2. a. The Kodiak Island Borough Solid Waste Advisory Board (SWAB) has learned a significant amount of unused food is going into the Kodiak landfill. Typically, food makes up about twenty-one percent (21%) of waste in municipal landfills. We want to investigate diverting some of that food from the landfill. We could save valuable space in the landfill and, potentially, provide much needed foodstuffs for human food banks, animal feed and composting. As an initial step, SWAB is asking local food -sector businesses to provide information about how they are dealing with surplus and out -dated food. With your cooperation and that of other similar organizations, we can develop an overall picture of current food recovery practices here in Kodiak. We hope that this can lead to a program of local food donors and feeding charities working together to develop a food recovery program consistent with the EPA's Food Recovery Hierarchy and the USDA/FDA document "Comprehensive Guidelines for Food Recovery Programs. Please complete the enclosed survey and return it at your earliest convenience. You may transmit your information to Ms. Jenny Clay by: Email tojclay@kodiakak.us Fax to 486- 9394 Surface mail to Jenny Clay, Engineering & Facilities Department, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615 Please be aware that the information that you provide will become part of a public record. Thanks very much for your cooperation. Sincerely, Nick Szabo Chairman Page 6 of 53 Solid Waste Advisory Board Update To The Assembly Kodiak Island Borough Solid Waste Advisory Board n 710 Mill Bay Road Kodiak, Alaska 99615 Reduce Reuse Recycle FOOD RECOVERY SURVEY Cost -Savers 2161 Mill Bay Road Kodiak, AK 99615 AGENDA ITEM #2.a. What do you do with food and grocery products that are no longer viable for sale or use in your business: ❑ Dispose in landfill ❑ Donate to food bank, soup kitchen, shelter or pantry ❑ Donate to animal food facility Comments If you don't donate to a food reuse facility, what is the reason? ❑ Against company policy ❑ Inconvenient and expensive Comments If a composting facility was available, would you separate the compostable material? ❑ YES ❑ NO Comments Please complete this survey and return at your earliest convenience. You may transmit your information to Ms. Jenny Clay by: Email to iclay(o).kodiakak.us Fax to 486-9394 Surface mail to Jenny Clay, Engineering & Facilities Department, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615 Please be aware that the information that you provide will become part of a public record. Page 7 of 53 Solid Waste Advisory Board Update To The Assembly a Kodiak Island Borough Solid Waste Advisory Board n 710 Mill Bay Road Kodiak, Alaska 99615 Reduce Reuse Recycle FOOD RECOVERY SURVEY Wal-Mart Stores, Inc. 2911 Mill Bay Road Kodiak, AK 99615 AGENDA ITEM #2.a. What do you do with food and grocery products that are no longer viable for sale or use in your business: ❑ Dispose in landfill ❑ Donate to food bank, soup kitchen, shelter or pantry ❑ Donate to animal food facility Comments If you don't donate to a food reuse facility, what is the reason? ❑ Against company policy ❑ Inconvenient and expensive Comments If a composting facility was available, would you separate the compostable material? ❑ YES ❑ NO Comments Please complete this survey and return at your earliest convenience. You may transmit your information to Ms. Jenny Clay by: Email to iclay(a)kodiakak.us Fax to 486-9394 Surface mail to Jenny Clay, Engineering & Facilities Department, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615 Please be aware that the information that you provide will become part of a public record. Page 8 of 53 Solid Waste Advisory Board Update To The Assembly KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 12, 2017 ASSEMBLY WORK SESSION �_.. TITLE: Accessory Dwelling Unit Policy Discussion ORIGINATOR: Sara Mason FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: AGENDA ITEM #2.b. The Planning and Zoning Commission recently forwarded an ordinance regarding Accessory Dwelling Units for consideration by the Assembly. The ordinance is scheduled for first reading on January 19. The purpose of this work session agenda item is to allow the Assembly to discuss ordinance in detail, with staff providing insight or clarification when needed. Paper copies of the Accessory Dwelling Unit binders were distributed to the Assembly in November. Electronic copies are also available in the document center (CivicWeb). The ordinance is accessible in the January 19 regular meeting packet PURPOSE, ACTION, OR RECOMMENDED MOTION: The purpose of the discussion is to familiarize the Assembly with the ordinance and the process P&Z undertook. This is the opportunity for the Assembly to ask clarifying questions. Kodiak Island Borough Page 9 of 53 Accessory Dwelling Unit Policy Discussion Memorandum AGENDA ITEM #2.b. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Date: October 25, 2016 To: Borough Mayor, Assembly, and Manager From: Community Development Director RE: Accessory Dwelling Unit Ordinance Summary Zoning District Total SF Allowed % of Principal Parking Dwelling* Requirement** C -Conservation 800 33 6 RR -Rural Residential 800 33 6 RRI -Rural Residential One 800 33 6 RR2-Rural Residential Two 800 33 6 R1 -Single -Family Residential 550 33 1 5 R2 -Two -Family Residential 650 33 5 R3 -Multi -Family Residential Not permitted Total square footage of ADU is Total 5F Allowed" or 33% of the total living area of the principal dwelling, whichever is less. Number listed is maximum number possibly required. Number of parking spaces is dependent on square footage of ADU. Definition of an Accessory Dwelling Unit (ADU) An ADU means an additional dwelling unit attached to or within a single-family residence or within a detached accessory structure on the same lot as the single-family residence. ADUs have a separate entrance and exit and contain kitchen, bathroom, and sleeping facilities. Key Facts I ) ADUs are exempt from the maximum lot coverage areas established for accessory buildings under KIBC 17.160.050. 2) ADUs are permitted in the C, RR2, RR, RR1, R1, and R2 zoning districts. Page 10 of 53 Accessory Dwelling Unit Policy Discussion AGENDA ITEM #2.b. 3) ADUs must meet the setback requirements established in the zoning district in which they exist. 4) Only one ADU is allowed per lot. 5) ADUs must meet current building and fire code requirements. 6) The ADU must have a bathroom and must share the principal residence's water and sewer supply systems (unless otherwise required by a local municipality). 7) 5 off-street parking spaces are required for lots with ADUs 650 sq. ft. or less. 6 off-street parking spaces are required for lots with ADUs greater than 650 sq. ft. 8) ADU size limits: a) C, RR, RR1, RR2: 800 sq. ft. or 33% of total living area of principal dwelling; whichever is less. b) Rl : 550 sq. ft. or 33% of total living area of principal dwelling; whichever is less. c) R2: 650 sq, ft. or 33% of the total living area of the principal dwelling; whichever is less. 9) The ADU may contain no more than a living area, kitchen, one bathroom, and one bedroom. 10) The owner of the property shall live in the principal dwelling or the ADU. 11) No more than two people shall reside in an ADU. 12) No new access point or driveways can be constructed for access to the ADU. 13) ADUs can be located within an existing single-family home that is nonconforming with respect to required setbacks as long as the off-street parking requirements are met. 14) ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks. Page 11 of 53 Accessory Dwelling Unit Policy Discussion AGENDA ITEM #.a Page 12 of @ Accessory Dwk3 Unit ��2Discussion r \[$ \�{ \\< {U &\) �k -0 � < � � � m m 0 2{/) CT 0 0 sae\ _\ ) C /« §] . u§�\ 62 a5(\ CL ; 0 r » j»jD /� \ )\s\ 0* b5 \ j\E \ @ _ !ry£ -6.2 = _ _ = m � `{ 0 —0 :y =egg )§s§ 0E = o f) » \{ /§/E E § m � : ± _ t ! E � {U )))) k £ } -\ f«2\ \)) {/t2 / ƒ 2 « -{ 5 y] o: y E �! E/£- \ ! § \) \ 2 ( /g=f )| �® f D / a = ¥`$® )) \ % 2 / !r « , _§;£ § § E m & 2 2 DO =5 , 222= ; !ta® ! o®g§ 1 -0� __ :t o)c! ��/ ® 7=§{ U 2< eow= Page 12 of @ Accessory Dwk3 Unit ��2Discussion AGENDA ITEM #2. c. KODIAK ISLAND BOROUGH AGENDA STATEMENT G' JANUARY 12, 2017 ASSEMBLY WORK SESSION TITLE: Discussion of The Fisheries Analyst Contract With McCarty And Associates ORIGINATOR: Angela MacKenzie FISCAL IMPACT: Yes Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: The Kodiak Island Borough and the City of Kodiak jointly contracted with McCarty and Associates for Fisheries Analyst Services on February 10, 2014. The original contract expired on February 6, 2016. The Kodiak Island Borough Assembly approved an amendment to the original contract effective March 1, 2016 for an extension of one year to expire February 28, 2017. The agreement may be extended for one - one year option upon approval by the Borough, City, and Contractor. FISCAL IMPACTS: The contract was approved in the amount not to exceed $60,000/year which is split between the Borough and the City. The Borough pays $30,000 each year. The Borough and City also pays for reimbursible expenses (travel, lodging and per diem). PURPOSE, ACTION, OR RECOMMENDED MOTION: Assembly discussion on how to proceed with the services. Proceed with the one year contract extension or give direction to staff to go out for an RFP. Kodiak Island Borough Discussion of The Fisheries Analyst Contract With McCarty An... Page 13 of 53 AGENDA ITEM #2.c. Cmf fa luo. Fp-01Y- Z6 4 AMENDMENT#1TO Professional Services Agreement with McCarty and Associates For Fisheries Analyst Consulting and Related Services THIS AMENDMENT # 1 TO PROFESSIONAL SERVICES AGREEMENT WITH MCCARTY AND ASSOCIATES FOR FISHERIES ANALYST CONSULTING AND RELATED SERVICES ("Amendment # 1 ") is made and entered into effective as of March 1, 2016, by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough;" the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City;" and MCCARTY AND ASSOCIATES, a sole proprietor company authorized to do business in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the "Contractor" (collectively referred to as the "Parties"). RECITALS WHEREAS, the Parties entered into a Professional Services Agreement made as of February 7, 2014, for Contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; for a 2 year term ending on February 6, 2016("Agreement"); WHEREAS, the Parties desire to extend the Agreement and clearly delineate the Reporting Schedule and points of contact personnel between the Parties; NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated herein by reference, and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Amendments to Agreement. The following amendments are made to the Agreement by this Amendment # 1: Section 2.0'Term of Agreement' is amended in its entirety to read as follows: This Agreement shall take effect on March 1, 2016. This Agreement shall remain in full force and effect for 1 year, expiring on February 28, 2017. This Agreement may be extended for one - one year option to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. Section 4.0'Scope of Services' is amended in its entirety to read as follows: Amendment # Ito Pro resslonalServices Agreement with Page I oro McCarty and Associates Page 14 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Analyst Services based on approved standards and instructions [as specifically described in Exhibits A and B.] Contractor will attend monthly meetings of the Kodiak Fisheries Work Group. When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association, KRAA, as requested. Contractor will attend Joint Work Sessions of the Assembly and Council as requested. Attendance at other meetings may be requested by the Borough/City Fisheries Work Group. Additional Contractor fee for additional meetings (if any) must be agreed to, in writing, and approved by the Borough/City Fisheries Work group. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Section 5.0'Reoort Schedule' is amended in its entirety to read as follows: Written monthly reports shall be provided to the Borough and City to be presented at the scheduled Fisheries Work Group monthly meeting. Contractor shall report in writing or orally, to the Borough/City Fisheries Work Group on each fisheries meeting attended. Contractor shall attend and report to Borough/City Joint Work Sessions when requested by the Borough Assembly and City Council. Joint Work Sessions are anticipated to occur on a quarterly basis. Section 6.0'PersonneUOrcanization' is amended in its entirety to read as follows: 6.1 Key Personnel. Fisheries Analyst Services provided by the Contractor will be performed by: Heather McCarty 6.2 Changes in Key Personnel. The Contractor shalt give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough and City. 6.3 The contact person(s) on issues related to agenda setting of the Joint Work Group, or direction on topics identified in the Amendment # Ito Professional Services Agreement wllh Page 2 or 4 McCarty and Associates Page 15 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. contract scope of work are the most current co-chairs of the Fisheries Work Group. 6.4 The contact person(s) on the administration of this contract are the City Manager and Borough Manager 6.5 Every six (6) months the Contractor and the members of the Fisheries Work Group will discuss and evaluate the effectiveness and workability of their combined efforts. 6.6 Contractor will provide the Managers a listing of clients that are currently contracting with the Contractor. Any new clients will be divulged to the Managers. Section 28.0 'Notices' is amended in its entirety to read as follows: Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough McCarty and Associates Attn: Borough Manager Attn: Heather McCarty 710 Mill Bay Road, Room 125 1537 Pine Street Kodiak, AK 99615 Juneau, AK 99801 broberts@kodiakak.us hdmccarty@gmail.com City of Kodiak Attn: City Manager 710 Mill Bay Road Kodiak, AK 99615 akniaziowski@city.kodiak.ak.us 2. Effect and Continuation of Agreement Terms. Except as specifically modified herein, all of the terms, provisions, covenants and conditions of the Agreement continue in full force and effect without modification or change. The Parties hereby covenant, ratify and reaffirm each and every of their respective obligations under the Agreement as amended by this Amendment #1. 3. Effective Date. This Amendment # 1 is effective as of March 1, 2016. 4. Authority. The Parties represent and warrant to each other that each has the full, complete and absolute authority to enter into this Amendment #1; that this Amendment #1 has been duly authorized by Its local governing body or owners; that the person executing this Amendment # 1 on its behalf has the full power and authority to do so; and this Amendment # its binding and enforceable against it in accordance with its terms. Amendment # Ito Proressianal Services Agreement with McCarty and Associates Discussion of The Fisheries Analyst Contract With McCarty An... Page 3 of 4 Page 16 of 53 AGENDA ITEM #2. c. S. Counterparts. For the convenience of the Parties hereto, this Amendment #1 may be executed, including by facsimile signature, in one or more counterparts, each identical to the other, so long as the counterparts in a set contain the signatures of all the Parties to this Amendment. IN WITNESS WHEREOF, the parties have entered into this Amendment #1 effective as of the date and year hereinabove first written. Kodiak Is rsd ;7 By: William ' ill" Roberts Title: Acting Borough MaDAger Borough Clerk Mc arty and Associates L By: Heath r McCarty Title: Owner :•UNAM 4j r +...�� tdOTAR ), PUBO of Kodiak City ATTEST: Debra Mariar, MMC City Clerk Amendment # l to Professional Services Agreement with McCarty and Associates Date: v?j_(�-lC O\P��gLA111pe� 90 (Borough Seal Y r:) Z, Y FA tr1(e Date: Notary Public in & My Commission E Date: (City Seal) Discussion of The Fisheries Analyst Contract With McCarty An... iJ day Page 4 or4 Page 17 of 53 AGENDA ITEM #2.c. (20n --t naC-t # Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services This AGREEMENT, made and entered into this 7thth day of February, 2014 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough", the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City" and MCCARTY AND ASSOCIATES a sole proprietor company authorized to do business in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough and City wish to enter into a contract with an independent contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; and WHEREAS, in response to a request for proposals, Contractor submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement' shall mean this Professional Services Agreement, including: Exhibit A — McCarty & Associates proposal dated January 21, 2014 Exhibit B — Borough and City's request for proposals 1,2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough and City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 'Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 'Borough/City Fisheries Work Group" is a sub -committee of the Borough Assembly and City Council consisting of three Assembly members and three Council members (KIB Assembly Resolution FY2013-32). 1.5 "City" shall mean the City of Kodiak, Alaska. Pagel of 10 Macintosh HD:Users:healhemccarty.Library:Mail Downloads.Professional Services Agreemenl Fisheries Analyst • McCarty (2) (2).doc Page 18 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. 1.6 "Contracting Officers" shall mean Borough Manager and the City Manager, and include any successor or authorized representatives. 1.7 "Contractor" shall mean McCarty and Associates. 1.8 "Fisheries Analyst Services" shall include monitoring, analyzing, and reporting to the Borough and City on fisheries issues and policy developments that may impact or affect the economy and communities with the City and the Borough, as further described in the Borough's and City's request for proposals (Exhibit B) and Contractor's proposal (E hibit A). �� ;Z � �e 2.0 TERM OF AGREEMENT. This Agreement shall take effect on February 2014. This Agreement shall remain in full force and effect for two years expiring on February 6, 2016. This Agreement may be extended for two one year options to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. Contractor will be paid $5,000 per month, at the beginning of each month, and•'reimbursed for reasonable travel -related costs including airfare, local transportation, lodging and per diem for meals based on the current US Government Services Administration (GSA) agency schedule. The Contractor will submit monthly invoices, detailing work and expenses incurred. The Borough and City will each pay one half of each accurate monthly, invoice. 4.0 SCOPE OF SERVICES. The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Analyst Services based on approved standards and instructions [as specifically described in Exhibits A and B.] When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association (KRAA). Attendance at other meetings may be requested by the Borough/City Fisheries Work Group. Additional Contractor fee for additional meetings (if any) must be agreed to, in writing, and approved by the Borough/City Fisheries Work group. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Page 2 of 10 Macintosh HD Users:heathermccartylibrary:Mail Downloaes:Pmfessional Services Agreement Fisheries Analyst- McCarty (2) (2).eoc Page 19 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. 5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the Borough and City within 30 days following the end of each calendar quarter. Contractor shall also report, written and/or oral, to the Borough/City Fisheries Sub -committee after each fisheries meeting attended and attend Borough/City Joint Work Sessions when requested by the Borough/City Fisheries Sub- committee. Joint work sessions are anticipated to occur on a quarterly basis. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Fisheries Analyst Services provided by the Contractor will be performed by: Heather McCarty 6.2 Changes in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts to provide Fisheries Analyst Services. The Contractor accepts the relationship of trust and confidence established between it and the Borough and City by this Agreement. The Contractor covenants with the Borough and City to furnish its best skill and judgment. The Contractor shall provide all services in a competent manner. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough and City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this Agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the Borough or City for a claim of, or liability for, its (the Borough or City, as applicable) independent negligent acts, errors, and omissions. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor Page 3 of 10 Macintosh HD:Users:hsathennccarty:Ubrary:Mail Downloads.Pmfessicnal Services Agreement Fisheries Analyst- McCarty (2) (2).doc Page 20 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. and the Borough and City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor", "Borough" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough and City means negligence other than in the Borough's and City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work. 11.0 INSURANCE. The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough and City are additional insured thereunder as respects liability arising out of or from the work performed by Contractor. b. Borough and City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. Page 4 of 10 Macintosh HD:Users:hestheanccarty:Library:Mail Downloads:Professional Services Agreement Fisheries Analyst- McCarty (2) (2).doc Page 21 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough and City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough and City hereunder, be delivered to the Borough and City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough and City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough and City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough and City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETYIPERFORMANCE. The Contractor shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page 5 of 10 Macintosh HD:Users:heathemccarty:Libmry:Mail Dmnloads:Professional Services Agreement Fisheries Anayst - McCarty (2) (2)Acc Page 22 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by any party upon ten (10) days written notice if another party fails substantially to perform in accordance with its terms. If the Borough or City terminates this Agreement, they will pay the Contractor a sum equal to the percentage of work completed and accepted that can be substantiated by the Contractor, offset by any amounts owed to the Borough or City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. Any party may at any time terminate or suspend this Agreement upon 30 days' prior written notice to each of the other parties, for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Following receipt of a Notice of Termination or suspension and except as otherwise directed by the Contracting Officers, the Contractor shall: a. perform only work authorized under this Agreement through the termination or suspension date and to the extent specified in the Notice; and b. deliver in the manner, at the times, and to the extent directed by the Contracting Officers, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 16.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during Page 6 of 10 Macintosh HD.Users:heathemccartyLibrary:Mall Downlnads:Professional Semims Agreement Fisheries Anayst - mccarty (2( (2).doc Page 23 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officers. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough or of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. Additional services not specifically provided for in this Agreement will not be compensated. 25.2 Changes in Scope of Work. The Contracting Officers may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work to the extent authorized by Borough and City appropriations. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of Page 7 of 10 Macintosh HD.Users heathermcczMlibra yNail Downloads:Professional Services Agreement Fisheries Analyst- McCarty (2) (2).doc Page 24 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officers, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 2540 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly (for the Borough) or City Council (for the City) and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the Borough and City under Section 17 to terminate this Agreement. 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough and City before execution of this Agreement, if any, shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Page B of 10 Macintosh HD:Users:heatherm=rty:Libmry:Mail Dmnloads:Pmfessional Services Agreement Fisheries Analyst- McCarty (2) (2).doc Page 25 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road, Room 125 Kodiak, AK 99615 bcassidy@kodiakak. us City of Kodiak Attn: City Manager 710 Mill Bay Road Kodiak, AK 99615 akniaziowski aocity.kodiak.ak.us McCarty and Associates Attn: Heather McCarty 1537 Pine Street Juneau, AK 99801 hdmccarty gmail.com Page 9 of 10 Macintosh HD:Usars, heathenncraAylibrary:Mail Ilmnloads:Professional services Agreement Fisheries Analyst - McCarty (2) (2)doe Page 26 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough (Borough seal) City of Kodiak BKniazi wkiAim6e s Title: Ci an er Date: 9 / ATTEST: Debra Madar, MMC City Clerk (City seal) AGENDA ITEM #2.c. McCarty and Associates -xtl -r By: Heather McCarty Title: Owner / Date: Page 10 of 10 Macintosh HOusers:heathermccartyLibrary:Mall 0ownloads:Pmfe5s10n2l services Agreement Fisheries Analyst • McCarty (2) (2).doc Page 27 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... ^^ REPRINTED FROM THE ARCHIVE. THE OMaINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "' Insurance,. A LRwnr>Imuil Combo,, NAMED INSURED: JIM BALSIGER PO BOX 20871 JUNEAU AK 99802-0871 AGENDA ITEM #2.c. POLICY NUMBER: H2O21239 SAFECO INSURANCE COMPANY OF INDIANA AUTOMOBILE POLICY DECLARATIONS AGENT: BUDGET INSURANCE AGENCY 3090 DOUGLAS HWY JUNEAU AK 99801-1914 RATED DRIVERS JIM BALSIGER, HEATHER MCCARTY RENEWAL POLICY PERIOD FROM: JAN. 31 2014 TO: JAN. 31 2015 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: (907) 586-2603 1967 VOLVO 1800 2 DOOR SEDAN ID# 183451024294 2010 SUBARU FORESTER 2.5X LIMI 4 DOOR ID# JF2SH6DC3AH751591 Insurance is afforded only for the coverages for which limits Of liability or premium charges are indicated. 5100,000 COVERAGES 1967 VOLV LIMITS I PREMIUMS 2010 SUBA LIMITS PREMIUMS LIABILITY: Each Accident BODILY INJURY 550,000 S 83.10 $50,000 S 106.70 Each Person $100,000 Each Occurrence PROPERTY DAMAGE 525,000 Each Occurrence MEDICAL PAYMENTS $5,000 UNINSURED AND UNDERINSURED MOTORISTS: BODILY INJURY $50,000 Each Person 5100,000 Each Accident PROPERTY DAMAGE 525,000 Each Accident COMPREHENSIVE COLLISION Each Person S100,000 Each Occurrence 51.30 $25,000 Each Occurrence 17.50 S5,000 38.90 32.70 TOTAL S 223.50 550,000 Each Person 5100,000 Each Accident 525,000 Each Accident Actual Cash Value Less $100 Deductible Full Safety Glass Actual Cash Value Less 51000 Deductible TOTAL S 85.20 24.60 38.90 32.70 104.40 221.10 613.60 TOTAL EACH VEHICLE: 1967 VOLV S 223.50 2010 SUBA 613.60 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES S 837.10 DISCOUNTS 6 SAFECO SAFETY REWARDS You saved $153.90 Included ---------- TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. S 837.10 IF YOU PAY IN FULL OR USE THE 2 -PAY PLAN THE PREMIUM WILL BE REDUCED TO $ 737.10° *This includes the available 5100.00 billing plan discount. SA•18971EP 9/90 -CONTINUED- P D BOX 515097, LOS ANGELES, CA 90051 Page 1 of 2 DATE PREPARED: DEC. 22 2013 Page 28 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... January 30, 2014 Heather McCarty McCarty and Associates 1537 Pine Street Juneau, AK 99801 AGENDA ITEM #2.c. Kodiak Island Borough OFFICE of the MANAGER 710 \-fill Bap Road Kodiak, Alaska 99615 Phonc (907) 486-9301 Fax (907) 486-9374 E-mail: hcassidy@kodiakak.us RE: Contract Insurance Requirements Dear Ms. McCarty: This letter reflects the decision of the Contracting Officers to modify the insurance requirements described in Section 11.0 of the Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services. Pursuant to the authority granted to the Contracting Officer to revise the amounts and types of insurance to be provided by you as the Contractor, this letter acknowledges our agreement that professional liability insurance shall not be required. Workers' Compensation is only required if McCarty and Associates has employees. If not, no workers 'compensation insurance is required. Island Borough Charles E. Cassidy, Jr., Cfly of Kadi k - Aimee Kniaziowsk )City Manager SAND test: Page 29 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... — REFRINTEDFROM TIMARCIUVE THE CMGIIuLTRANSaCTI "YINCLUPEADMTION FDRMS"^ Insurance,. A Ilb nny Alwud C=pvm NAMED INSURED: JIM BALSIGER PO BOX 20871 JUNEAU AK 99802-0871 AGENDA ITEM #2.c. POLICY NUMBER: H2O21239 SAFECO INSURANCE COMPANY OF INDIANA AUTOMOBILE POLICY DECLARATIONS AGENT: BUDGET INSURANCE AGENCY 3090 DOUGLAS HWY JUNEAU AK 99801-1914 RENEWAL POLICY PERIOD FROM: JAN. 31 2014 TO: JAN. 31 2015 al 12:01 A.M. standard time at the address of the Insured as stated herein. AGENT TELEPHONE: (907) 586-2603 RATED DRIVERS JIM BALSIGER, HEATHER MCCARTY Each Person 1967 VOLVO 1800 2 DOOR SEDAN IDM 183451024294 2010 SUBARU FORESTER 2.5X LIMI 4 DOOR IDM JFZSH6DC3AH751591 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. 51.30 525,000 COVERAGES 1967 VOLV LIMITS I PREMIUMS 2010 SURA LIMITS PREMIUMS LIABILITY: Each Occurrence MEDICAL PAYMENTS BODILY INJURY 17.50 550,000 $ 83.10 S50,000 S 106.70 -CONTINUEO- P 0 BOX 515097, LOS ANGELES, CA 90051 SA- G97EP 9190 Page 1 of 2 D0.TE PREPARED: DEC. 22 2013 Page 30 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... Each Person Each Person $100,000 S100,000 Each Occurrence Each Occurrence PROPERTY DAMAGE 525,000 51.30 525,000 85.20 Each Occurrence Each Occurrence MEDICAL PAYMENTS 55,000 17.50 55,000 24.60 UNINSURED AND UNDERINSURED MOTORISTS: BODILY INJURY 550,000 38.90 550,000 38.90 Each Person Each Person S100,000 5100,000 Each Accident Each Accident PROPERTY DAMAGE S2S,000 32.70 525,000 32.70 Each Accident Each Accident COMPREHENSIVE Actual Cash Value 104.40 Less S100 Deductible Full Safety Class COLLISION Actual Cash Value 221.10 Less 51000 Deductible ---------- TOTAL S 223.50 ---------- TOTAL S 613.60 TOTAL EACH VEHICLE: 1967 VOLV S 223.50 2010 5UBA 613.60 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES S 837.10 DISCOUNTS L SAFECO SAFETY REWARDS You saved S153.90 ---------- Included TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. S 837.10 IF YOU PAY IN FULL OR USE THE 2 -PAY PLAN THE PREMIUM WILL BE REDUCED TO S 737.10 - This includes the available 5100.00 billing plan discount. -CONTINUEO- P 0 BOX 515097, LOS ANGELES, CA 90051 SA- G97EP 9190 Page 1 of 2 D0.TE PREPARED: DEC. 22 2013 Page 30 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Page 31 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... M M a 0 0 0 a n m V J u N d C d E m s m > a q a i N a O C d LU < U 5 d c V W C N U d d O n ma`s 6 a F E C C N U,^) rc ¢ U a d O O N¢ W a c0 W a k m E E y'm zQ u Z U N C d C �O OI O Z 6 vi o t Q 1- Q m E Q° E U) E 3 cul O ~ N W a N O w `o_ E E E a x Z m a ai N m a Q n N d L O oaf w p b O c V u EJ2 `u L'O xa we 0.0 CL C O C �m Sa �" O- ytt E E m F= F_ woo N A a yv 4I.d L F 6 = !t < 3�)y Page 31 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. AL January 21, 2014 Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: I am submitting this proposal in response to the Request for Proposals for the services of a Fisheries Analyst for the Kodiak Island Borough and the City of Kodiak. Along with this transmittal letter I attach the required Implementation Plan, my company profile and work experience and credentials in the form of an expanded CV, my proposed fee, and four references. It is with great pleasure and anticipation that I submit a proposal to work with the community leaders and people of Kodiak. I am a 35 -year resident of coastal Alaska fishing communities, from a commercial salmon fishing family, and a true believer in the need for reasonable and informed local decision-making to sustain and develop this state's fisheries resources. Although I have never lived in Kodiak, l have been visiting your beautiful island regularly for more than 20 years, as a long-time member of the Policy Council for your "Fish Tech" Center, as a faithful ComFish attendee, as a member of the North Pacific Council "family," and as a consultant for a Kodiak processor who works with all species. My experience and familiarity with the local commercial and sport fisheries has been augmented by ten years of work with a community development group in the Bering Sea, where I gained an appreciation for the importance of subsistence fisheries to the Alaska Native cultures. The long association with the University of Alaska School of Fisheries and Ocean Sciences in both an advisory capacity and as an administrator of an industry - funded marine research program has given me insight into the important role of science in sustaining fisheries. I also served for three years as the fishery representative on the North Pacific Research Board, advocating for research in support of pressing fishery management issues. As to current experience in the fishery regulatory process, I have attended every meeting of the North Pacific Fisheries Management Council (NPFMC) for the last 15 years, serving on a Council committee, malting testimony and moving forward a number or important Council actions on behalf of employers and clients. I have also been to every regular meeting of the International Pacific Halibut Commission (IPHC) for the last six years, and have served on its Processor Advisory Group during that period. I cut my regulatory teeth on salmon issues when I worked with the salmon industry in Prince William Sound, moving actions through the Board of Fisheries (BOF) and the Department of Fish and Game. I have not spent a lot of time in the last few years at the BOF, but I am very familiar with that process. Page 32 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Because of my varied experiences, I understand fishery resource management issues in Alaska, from several different perspectives: harvesting, processing, aquaculture, marketing, Alaska Native culture, sustainability, research and education. 1 have participated in formal and informal bodies, boards and commissions at all levels, and am able to communicate well in those settings. I am very conversant with the State Constitution and the State and Federal fishery regulations, and with the processes that create them. The Magnuson Stevens Act with its national standards has been in my briefcase for years, and is dog-eared from use. I have taken a national course in the NEPA regulations that guide Federal regulatory decision- making. One of my personal and professional hallmarks is fairness and honesty; I hope that conversations with my references will bring that out. Because I have represented many different sectors and interests, and have lived in and focused on fishing communities, l really do perceive and approach issues from multiple angles —and always with the interests of the community uppermost. I believe I can offer unbiased fisheries analysis and advice to the community leaders of Kodiak. It is clear to me that some might consider my work with a Kodiak processor a conflict of interest with representing the City and Borough of Kodiak. If I am asked to work with Kodiak, I am prepared to immediately and completely end that professional relationship. My other client relationships, in my opinion, could not be judged a conflict of interest. Regarding technical considerations, I do have property and car insurance, including liability insurance, and can provide that information. I do not have professional liability insurance, as it has not been required in other contracts and it is a considerable expense. I am in the process of renewing my Alaska business license. I believe I have provided all of the required information — but if you have any questions or need additional information please call or email me any time. I look forward to hearing from you, and to serving the people of Kodiak. Best regards, Heather McCarty Page 33 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Heather Davies McCarty McCarty and Associates 1537 Pine Street Juneau, Alaska 99801 (907) 586-4260, cell (907) 351-6794 Email: hdmccwty@gmail.com Overview The group's principal has a professional background in state and federal government relations and advocacy, marine research management, public relations and education, collaborative ocean policy development, seafood marketing and sales, commercial fishing, advertising, aquaculture policy development, marine resource conservation, seafood product development, video and print production, fisheries journalism, public speaking and teaching. In 1996, moved from commercial salmon fishing and private non-profit salmon aquaculture to a mid-sized seafood company involved in salmon processing, and in harvesting and processing pollock and other groundfish in Alaska. In 1998, began representing the association of mid -water Pollock catcher/processors, dealing with state and federal agencies, the Alaska Legislature, and Alaskan fishing communities and organizations. During 1999/2000, conceived and implemented the formation of the Pollock Conservation Cooperative Research Center (PCCRC) at the University of Alaska Fairbanks School of Fisheries and Oceans Sciences, which has to date provided $13 million in marine research funding to the University. With other sectors, in 2001 founded a fishing industry coalition in Juneau to undertake public education and resource conservation for Alaska's fisheries, the Marine Conservation Alliance. Began McCarty and Associates in Juneau in December 2001. The group's current major clients include the PCCRC at the School of Fisheries and Ocean Sciences; the Central Bering Sea Fishermen's Association, a Western Alaska Community Development Quota (CDQ) group on St. Paul Island; and Pacific Seafood Kodiak, a groundfish and salmon processing company. Recent past clients include Signature Seafoods, an Alaska salmon processing company in Southeast Alaska, and Chignik Fishermen United, an association of Gulf of Alaska salmon seiners. In 2003, helped bring together the diverse sectors of industry, Alaska Native entities, communities, agencies and conservation groups in the Pribilof Island Collaborative to seek common ground on resource issues in the Bering Sea. Page 34 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Work Experience President, McCarty and Associates, Juneau, Dec. 2001 to present Director of Alaska Affairs, At -sea Processors Association, Jan. 1998 to Dec. 2001 Business Development Manager, Golden Age Fisheries, Juneau, Jan. 1996 to Jan. 1998 Marketing Manager, Prince William Sound Aquaculture Corp., Cordova, 1992-1995 Public Relations Manager, Prince William Sound Aquaculture Corp., 1989-1995 Fisheries policy, govemment affairs and public relations consultant, 1985 to present Fisheries journalist, 1982-1989 Editor, Cordova Times, 1979-1981 and 1984-1985 Manager, Alaska Legislative Information Office, Cordova, 1983-1984 Commercial salmon seine and gillnet fisherman, Cordova, 1976 to 1996 English and journalism professor, Walla Walla Community College, WA, 1969-1976 Education BA, English, Whitman College, Walla Walla, Washington, 1969 Industry and Public Service Marine Fisheries Advisory Committee (MAFAC), national advisory committee to National Marine Fisheries Service, member 2005 to 2011, Chairman 2010 to 2011 North Pacific Research Board, Executive Board Member for Fisheries 2009 to 2012, Advisory Panel Chair 2003 to 2007 Advisory Council, School of Fisheries and Ocean Sciences (SFOS), University of Alaska Fairbanks (UAF), Vice -Chairman 1998 to present, member since 1994 International Pacific Halibut Commission, Processor Advisory Group, member 2006 to present Page 35 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Policy Council, Fishery Industrial Technology Center Kodiak, SFOS, UAF, Chairman 1994 to 1999, member 1993 to present Alaska King Crab Research, Rehabilitation and Biology (AKCRRAB) Program, Founder and Steering Committee member, 2006 to present, Co -Chairman 2011 to present Alaska Seafood Marketing Institute (ASMI), Vice Chairman, 2003-2004, Board of Directors, 1994 to 2004 Pribilof Island Collaborative, Steering Committee, 2003 to present Alaska State Task Force on Marine Protected Areas, 2003 Alaska Legislative Salmon Task Force, Governance Committee, 2002 to 2004 North Pacific Anadromous Fish Commission, Annual Meeting 2003, U.S. Advisor Managing Our Nation's Fisheries, a conference on fisheries management in the United States, Washington D.C, November 2003, Scientific Research Panel presenter Sheldon Jackson College, Sitka, Board of Trustees, Vice Chairman, 2001 to present Heinz Center/NMFS Workshop on IFQ and Community Programs, panelist May 2002 Juneau Economic Development Council Board of Directors, 2002 to 2005 North Pacific Fisheries Management Council, Essential Fish Habitat Committee, 2001 to 2006 Marine Conservation Alliance, Chairman, EFH/MPA Committee, 2001 to 2006; Board Treasurer 2003 United Fishermen of Alaska, Board of Directors 1999 to 2001 Alaska Fisheries Development Foundation, President, 1997 to 2002, member 1993 to 2002 Governor's Task Force for Non -Tanker Oil Transport, 2000 ASMI Salman Crisis Response Committee, Co -Chairman, 1996 ASMI Legislative Committee, 1996 Governor's Task Force, State Loan Evaluation, 1996 Salmon for Alaska's Future, Steering Committee, 1996 Page 36 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Prince William Sound Fisheries Ecosystem Research Planning Group, 1993-1994 Alaska Dept. of Commerce Salmon Development Project Steering Committee, 1992 PWS Economic Development Council, Board of Directors, 1992-1995 City Council, Cordova, Alaska, 1991- 1992 Cordova Oil Spill Committee, 1969-1990 Page 37 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Implementation Plan Overview The work of the Kodiak Fisheries Analyst must be informed by a thorough understanding of the importance of the fisheries resources to the diverse user groups, support industries and governmental entities in the community of Kodiak. Residents of the City and Borough of Kodiak, and the non-residents who use the fisheries and community services, share a common goal: sustainable management of the marine resources in a manner that supports the resource users and the economy of Kodiak. Without the docks, the rands, the water, the power, the hospital, the repair shops, the grocery stores, the fuel dealers, the medical care, the airport, the Coast Guard — the community assets — there would be no support for the world-class Gulf of Alaska fisheries. Without the processors there would be no harvest coming to town. Without the harvesters there would be no processors. And without the fish, there would be no user groups and support businesses, and the economy of Kodiak would be greatly reduced. The monitoring and analysis of pertinent fisheries issues and processes will be informed by the clear goals and objectives of the community and the user groups. The issues will be reported regularly, with an analysis of how each issue and policy decision is likely to affect the community and its economy. Scopine Working with the Borough Assembly and Manager, the City Council and Manager, and the Kodiak Fisheries Work Group, we will review the overall goals and the specific expectations of those groups, as well as determine the best methods of reportage and information transfer. In addition, I will also communicate early on with the major fisheries, civic and regulatory organizations in Kodiak to more fully understand their points of view regarding the importance of the marine resources to Kodiak. Of particular interest will be the comprehensive list of ten community objectives recently developed by the Fisheries Work Group. This excellent list was put together after a number of meetings of that group in relation to the expected rationalization of the major groundfish fisheries in the Gulf of Alaska However, the principles therein can be applied to many other fishery -related issues and processes, both Federal and State. It may be helpful to further refine those principles through a discussion process as needed, and use them as a basic measure for the analysis of fisheries issues and policies. I understand the City and Borough have discussed commissioning an economic study to further quantify the contribution and importance of the fishing industry to the Kodiak community. If the resources are available and the City and Borough agree, 1 support such a study, and can advise the process of developing the scope of work and identifying potential experts. Page 38 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c, The important questions are: what is the importance of the fisheries to the people and economy of Kodiak Island, and what are the principles that will guide the development of the policy positions and strategies of the community. Activities and Deliverables 1 will attend every meeting of the North Pacific Fisheries Management Council (NPFMC) and the International Pacific Halibut Commission (IPHC). I will also attend all meetings of the Alaska Board of Fisheries and any other meetings where regulatory changes relevant to the Kodiak area fisheries are discussed. I will also monitor and review all actions and decisions of the National Marine Fisheries Service and the State of Alaska Department of Fish and Game that might affect Kodiak fisheries. Within a week after the conclusion of each of these meetings, I will provide to the Borough Assembly and the City Council a written summary of issues and actions that could affect the Kodiak economy. On a quarterly schedule, I will provide written reports to the Borough Assembly and the City Council, and make presentations at theirjoint meetings. The reports will include a summary of work performed, as well as a description and preliminary analysis of ongoing issues and proposed regulatory changes. As often as needed and directed I will prepare analyses of the economic impact of proposed regulatory changes, both Federal and State. It is important that community leaders have the background information to fully understand and make policy decisions an the fisheries issues that will affect their constituents. With my knowledge of fisheries management and background in collaborative discussion and mediation, 1 can offer the Borough and Council and Fisheries Work Group both historical perspective and the most current aspects oreach issue. This sort of information exchange can take place as often as desired — I will make myself available as the Council and Assembly directs, but suggest at least one or two introductory workshop -style session on major issues towards the beginning of the contract. 1 will also be available to address other community groups as directed. Page 39 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Proposed Fee Schedule I propose to provide the services and deliverables detailed in the Implementation Plan, and any additional duties as assigned, for a fee of S5,000 per month, payable upon presentation of an invoice at the end of each month. The City and Borough will reimburse McCarty and Associates upon presentation of receipts for travel costs to and from the Island of Kodiak, and lodging and meals, for the quarterly trips required by the contract, and any other travel to Kodiak directed and approved by the City and Borough. The costs of attending all five regular annual meetings of the North Pacific Fisheries Management Council will be bom by McCarty and Associates. The costs of attending the International Pacific Halibut Commission (two meetings annually), and the pertinent meetings of the Alaska Board of Fisheries or any other regulatory body, as directed and approved by the City and Borough, will also be reimbursed upon presentation of receipts. Page 40 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. References Paula Cullenberg Director, Alaska Sea Grant Program and Kodiak Seafood and Marine Science Center Work phone: 907 274-9691 Email: paula.cullenberg aalalaska.edu Doug DeMaster, PhD Director, Alaska Fisheries Science Center, Juneau and Seat0e Work phone: 907 789-6617 Cell phone: 206 399-1531 Email: douglas_dcmastera?noaa.aov Denby Lloyd Executive Director, North Pacific Research Board, Anchorage Cell phone: 907321-1490 Email: denbv.11ovdremail.com Chris Oliver Executive Director, North Pacific Fisheries Management Council, Anchorage Work phone: 907 271-2809 Email: chris.oliver_rinoaa.gov Page 41 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Request for Proposals: FISHERIES ANALYST AUTHORITY A. The authority to issue this Request for Proposal (RFP) is granted under KBC 3.30.110 Competitive sealed proposals — Negotiated procurement. 2. PURPOSE AND INTENT A. It is the primary intent of this RFP is to select a qualified firm or individual to act as a Fisheries Analyst. The Fisheries Analyst will work jointly for the local governments of Kodiak Island: the Kodiak Island Borough (KB) and the City of Kodiak (City). The selected proposer will enter into a term contract for a period of two years with options for two additional one year extensions. The term contract will include a six month initial review to ensure an understanding of the Scope. The contract will also include a termination clause by either party with a 30 day notice. B. The work shall be performed in compliance with all applicable federal, state and local requirements. The KB and City require all work to be performed efficiently, cost effectively, and according to best business practices of the industry. 3. BACKGROUND/SITUATION The economy of the Kodiak region is based on a healthy, diverse and well- managed fisheries resource that includes more than 30 species of fish harvested and processed onshore. The Kodiak region comprises all fisheries user groups — subsistence, sportfish, commerciul sportfish, personal use, commercial fish, the processing sector, fisheries research and protection sectors, and the fishing industry support sector. Policy development and regulatory management in the Kodiak region is challenging because of the need to address such diverse and competing concerns as species fished, vessel sire, gear type, limited entry permits, quota share, limited license permits, and crew share interests. 4. SCOPE (aim or purpose) The primary role of the Fisheries Analyst will be to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community of Kodiak. A. Monitor actions and pending decisions of regulatory bodies such as the NOAA/National Marine Fisheries Service, the State of Alaska Department of Fish and Game, and International Pacific Halibut Commission to anticipate regulatory actions that could impact Kodiak's economy. B. Attend meetings of the North Pacific Fisheries Management Council, State of Alaska Board of Fisheries, and other fishery meetings as directed, to Page 42 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. provide a summary of issues, discussion and actions to the Assembly/City Council that could impact Kodiak's economy. C. Provide written quarterly report to both the Borough Assembly and the City Council and make presentations at joint Borough Assembly/City Council work sessions. Reporting should include discussions or updates of ongoing concerns, introductions of proposed changes, and a summary of work performed since the previous report. D. Prepare analyses of potential impacts of proposed regulatory changes on the Kodiak economy. E. Provide information to Assembly/Council to analyze and understand issues based on facts and from it neutral point of view, and to make decisions or develop positions on issues affecting or impacting the economy and people of Kodiak. F. The successful proposer should possess the following qualifications: 1. An understanding of local and regional fisheries to include species, vessel and gear types, fisheries user groups — subsistence, sportfish, commercial sportfish, personal use and commercial fish, and the processing sector. 2. A thorough understanding of the State constitution regarding Alaska's fisheries and all state and federal fisheries laws and regulations. 3. An understanding of fisheries resource management issues and how they affect Kodiak's seafood industry and economy. 4. Documented recent experience in state and federal fisheries resource management processes. 5. Current or recent involvement in the fisheries regulatory process in both the State and Federal environment, specifically the North Pacific Fisheries Management Council, IPHC and AK Department of Fish and Game, Board of Fish. 6. Familiarity with the Magnuson Stevens Act and how the national standards pertain to community fisheries. 7. Ability to communicate effectively with local government bodies and to provide written reports both to and on behalf of the governing bodies. S. The ability to remain neutral on divisive issues. 9. The ability to work well with boards and commission at the federal, state and local levels. 10. Ability to provide applicable insurance coverage, such as workers' compensation, commercial automobile liability and professional liability. 11. Possession of a State of Alaska Business License. Page 43 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. In the event that the proposer does not possess the above qualifications, the proposer must include plan for addressing the lack of experience or qualification. Additionally, if a proposer possesses a perceived conflict of interest, the proposer must also include a discussion about how the conflict of interest will be avoided G. The successful proposer will enter into a professional services contract that must be approved by the Kodiak Island Borough Assembly and Kodiak City Council. 5. REQUIRED INFORMATION A. Proposals must include: • Transmittal Letter • Implementation Plan • Company Profile • Experience • Credentials • Proposed Fee • References • Ability to provide applicable insurance coverage 6. PROPOSAL PROCESS A. Proposals will be accepted until 3:00 PM on Tuesday, January 21, 2014. It is the proposer's responsibility to deliver proposals to: Kodiak Island Borough Office of the Manager 710 Mill Buy Road Kodiak, AK 99615 (907)486-9301 Faxed and electronic proposals will not be accepted. B. Proposals must be clearly marked: FISHERIES ANALYST SERVICES PROPOSAL Provide six unbound copies of the proposal. Page 44 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. C. Evaluation Methodology: Each proposal will be evaluated according to criteria and given the relative weight shown in the table below. EVALUATION CRITERIA PROPOSED RATES RELATIVE WEIGHT 25% QUALIFICATIONS/EXPERIENCE 25% IMPLEMENTATION PLAN 25% REFERENCES 15% OVERALL QUALITY OF PROPOSAL 10% A recommendation of the top respondent will be made based on the results of reference checks, qualifications of the firm and response to the Scope of service provided. This will be submitted to the Kodiak Island Borough Assembly and the City of Kodiak City Council for approval and award. D. Miscellaneous The KB and City reserve the right to reject or accept any or all bids, to waive irregularities or informalities in the proposal, and to give particular attention to the qualifications of the Proposer. KIB and City reserve the right to issue written addenda to revise or clarify the RFP, respond to questions, and/or extend or shorten the due date of proposals. KIB and City retain the right to cancel the RFP process if it is in their best interest. Any cost incurred by proposers for the preparation and submittal of the proposal is the sole responsibility of the proposer. A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. All proposals become part of the public record and no part of any proposal may be confidential. All proposals and other material submitted become KIB and City property and may be returned only at their option. KIB and City assume no responsibility or liability for the transmission, delay, or delivery of proposals by either public or private carriers. Any and all media announcements pertaining to this RFP require KIB and City's prior written approval. This RFP does not obligate KB and City or the selected proposer until a contract is signed and approved by all parties. Contact Borough Manager Bud Cassidy at (907) 486-9302 or at bcassidv@kodiakak.us with questions regarding this solicitation. Page 45 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. April 16, 2014 To: City and Borough of Kodiak From: Heather McCarty, Fishery Analyst Re: North Pacific Council meeting, April 2014 Summary of Council motions The Council passed three motions regarding the Gulf of Alaska Trawl Bycatch Management agenda item. Although the Council did not yet provide alternatives and initiate a formal analytical process, the content of the three motions will be analyzed in expanded discussion papers. Taken together, they will provide for analysis and additional information regarding most of the elements that your Kodiak letter asked to have included for further consideration. The value of the Kodiak community contribution to the Council discussion was noted on several occasions, and was greatly appreciated. Council members publicly expressed how much they need and want continuing feedback from the Kodiak community on relevant elements of the program as it is developed. The first motion is an expansion of the State's original cooperative structure framework motion that we commented on, and that was the subject of the discussion paper we reviewed. The new motion adds several things: it specifies 100% observer coverage; adds consideration of allocation of several target species in addition to pollock and cod; includes crab along with salmon and halibut as Prohibited Species; includes specific alternative suites of years for eligibility and processor association; and provides specific alternative percentages for vessel and processor caps. This motion continues to refine the elements of the voluntary cooperative structure, with harvesters and their historic processor associated for at least the first two years of the program, and the requirement that the cooperative agreement must be signed by the processor and 51 to 00% of the license holders. It retains the option of having the community in which the processor is located also sign the cooperative agreement. This leaves open the possibility (motion, section 7g) that the community could participate in setting contract elements such as "bycatch management, active participation, mechanisms to facilitate entry, community provisions." It was clear that the State and the Council is asking for further analysis of this potential path for community participation for the achievement of community goals. Page 46 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. The motion also elaborates on regional delivery requirements (motion, section 9b), proposing that target species would be required to be landed in the region designated based on historic delivery patterns during a particular suite of years, either the qualifying years or 2011-2012. This section also Includes an OPTION for a PORT of Kodiak landing requirement for delivery of target species historically delivered in Kodiak The section on community stability also includes the provision (section 9c) that individuals or entities must meet certain fishery participation criteria in order to be eligible to purchase a trawl license with associated history. It does not include those criteria, but Council staff noted in a subsequent meeting that this could be a placeholder for other Council objectives. The motion Includes a request for information on latent trawl licenses and their effect on the proposed cooperative program, to evaluate the need for further recency criteria. It was noted in subsequent meetings that some trawl licenses could end up with no quota or very little quota, depending on the suite of years chosen for qualification. The second Council motion picked up the CFA proposal submitted to the Council and asked that it be reviewed. The Council asked for "an assessment of haw a CFA construct could be used to address the Council's problem statement and the goals and objectives" for the action. The discussion will "compare and contrast the CFA tool with provisions In the [main] motion that may provide specific community protections." In their discussion about this motion, some Council members indicated that they were voting to analyze the concept rather than the specific CFA proposal, and that the proposal could provide Information for analysis but not necessarily a template. One member said he wanted to work on community protection through adaptive management. Another member said the proposal could "morph into something else, one of the mechanisms that allows us to do adaptive management" It was pointed out that coastal communities supported analysis of the concept. The third motion was specifically about adaptive management, asking for a discussion paper on the West Coast Trawl program adaptive management quota provision. The maker of the motion indicated It was important to better understand how that provision was arrived at in the Pacific Council process, how is it being used, and why the decisions were made to include it in the program. Potential Council schedule The Council asked that the expanded discussion papers come back to them for consideration at either the October or December Council meeting. It is more likely to be December, but that will not be decided until late summer. At that meeting late in 2014, it Is expected that the Council will adopt a suite of alternatives, and initiate a Page 47 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. formal analysis. Final Council decision on the program will occur after that analysis is complete, no earlier than late 2015. Following the final decision, the National Marine Fisheries Service undertakes to write the Proposed Rule, which implements In regulation the content of the final Council decision. The Proposed Rule is out for public review for a set period of time, and then the public comments are responded to, and a Final Rule is posted in the Federal Register - this process can take up to 18 months. State Waters Fishery issues The federal process is made more complicated by the need for the State of Alaska to undertake a concurrent process to consider the coordination of the parallel fisheries in State waters (0 to 3 miles) with the federal fisheries under a new management program. Also, the Board of Fisheries (BOF) received a proposal from a Gulf trawler to create a State Pollock fishery open to all gear types and funded by 25% of the total allowable catch of pollock. I attended the meeting yesterday of the BOF Central Gulf of Alaska Walleye Pollock Workgroup as they considered these issues. The workgroup is made up of harvesters - by gear type and region - processors, and NMFS, Council and ADF&G staff - a large group. The group did not Include community representatives or Western Gulf reps, so the chair intends to add a harvester and a processor from the Western Gulf, a representative of the Kodiak community, and a representative of a Western Gulf community. The next meeting of this workgroup is in October, just prior to the October Council meeting. Recommendations As 1 have pointed out in my emalls this week, we have some timing questions to consider at your upcoming meeting. We will be discussing the Gulf Trawl Bycatch action and several other issues with the visitors from NMFS, but we do not have time in advance of that discussion to discuss amongst ourselves and react to the Council action from last week. So the discussion tomorrow- as John indicated - will necessarily be limited to the contents of our previous position letter. I recommend that at the beginning of the meeting 1 give a brief update acknowledging and summarizing the recent Council actions, and saying that we have not had the opportunity to review and analyze those actions - but that we intend to at subsequent meetings. We should have the three motions available for the public. I also recommend that the FWG schedule another meeting as soon as is workable to discuss in more depth the Council actions, the State Waters issues, and the plans for moving forward with community participation in this process. Page 48 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.c. Page 49 of 53 Discussion of The Fisheries Analyst Contract With McCarty An... AGENDA ITEM #2.d. KODIAK ISLAND BOROUGH AGENDA STATEMENT C JANUARY 12, 2017 ASSEMBLY WORK SESSION TITLE: Meeting Calendar Discussion Due to Conflicts With The Alaska Municipal League and Southwest Alaska Municipal Conferences ORIGINATOR: Dan Rohrer FISCAL IMPACT: Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: The following meetings are of interest to the Mayor, Assembly, and Manager but conflict with meetings scheduled during the months of February and March, 2017: • Alaska Municipal League/ Alaska Conference of Mayors (AML) Winter Legislative Conference, February 21-23, 2017 in Juneau, Alaska. • Southwest Alaska Municipal Conference (SWAMC) Southwest Alaska Economic Summit, March 2-3, 2017 in Anchorage, Alaska. PURPOSE, ACTION, OR MOTION: The purpose is to discuss meeting dates to determine if they need to be moved to accommodate attendance. Kodiak Island Borough Meeting Calendar Discussion Due to Conflicts With The Alaska... Page 50 of 53 AZMkL 2017 Kodiak Island Borough _ April `1 May_C —June— _ September — ~1 2 E3 4 5 7 1 2 3 4 51 3 2~ - 72 R PPE RR PPE R PPE 3 4 5 6 7 8 7 8 9 10 11 12 2 3 8 9 6 unro 8 R 7 8 9 10 PUW W $W 5 6 $ 10 11 12 13 14 W 15 16 17 18 19 PUW 15 16 PPE 16 mw W $ R 21 PPE MR R 12 13 14 R 13 17 18 19 20 21 19 22 23 24 25 26 16 22 23 W Jws MR R PPE JWS P&RR $ W $ 23 MW W $ 24 25 26 27 28 -� 28 - 30 31 22 23 24 25 29 30 19 KRR 21 W $ $ P LR R $ $ W July — _ August ^4 — �7 September — ~1 2 E3 4 5 7 1 2 2 3 - 72 R PPE PPE R PPE R $ '8 9 10 $ 12 2 3 5 6 7 8 6 7 8 9 10 11 12 3 5 6 7 8 9 H W R $ PUW W PPE 16 17 _;1� 19 R 21 PPE 9 10 11 12 13 14 15 13 14 15 16 17 18 19 f0 11 12 13 14 15 16 "Pc MW W PPE JWS R $ PPE 23 MW W $ 27 17 18 19 20 21 24 25 21 22 23 24 25 22 18 19 20 21 22 23 $ P LR R $ $ PIRR im MR R $ pan R 31 PPE 24 25 26 27 28- 28 """27 28 29 30 31 26 27 25 26 27 28 29 30 31 P1gP W PPE PIRR W W ��' P&RR MPP W $ October _ ~6 —November - November ^3 December — _1 2 E3 4 5 7 1 2 pan R PPE R PPE '8 9 10 11 12 13 14 6 7.81 $9 10 11 "`3 4 5 6 7 8 ' MZ'R W $ W —^ R $ 15 16 17 _;1� 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 ""�i R PPE R PPE MW W PPE 23 24 25 26 27 28 19 20 21 22 ;23 24 25 17 18 19 20 21 22 23 KRR W $ $ im MR R $ 29 30 31 28 27 28 29 30 24 25 26 27 28 29 30 PIRR W 31 ��' P&RR W PPE Assembly Mestinas R Regular Meeting W Worksession JWS Borough/City Joint Work Session Planning & Zoning Meetinas P&Z R Regular Meeting P&Z W Worksession Other Meetinas Elections P&R R Parks & Recreation Regular Meeting E Municipal Election LEPC Local Emergency Planning Committee PPE Pay Period Ending $ Pay Day AReOIP9r AGENDA ITEM #2.d. One Sealaska Plaza, Suite 200 • Juneau, Alaska 99801 Tel(907)586-1325 • Fax(907)463-5480 • www.akml.org Alaska Municipal League/Alaska Conference of Mayors Winter Legislative Conference February 21-23,2017 Baranof Hotel, Juneau, AK Tuesday. February 21.2017 Lunch on your own 1:00-5:00p.m. AML Board Meeting Wednesday, February 22.2017 8:30 - 11:45 a.m. Alaska Conference of Mayors Meeting Lunch on your own 1:30-4:30p.m. Heroin Issues Thursday, February 23.2017 8:00 a.m. Breakfast (included) 8:30— 11:45 a.m. Legislative Meeting 12:00 — 1:15 p.m. Lunch (included) 1:30-4:00 p.m. Legislative Meeting Continued 5:30 — 7:00 p.m. AML Legislative Reception Agenda subject to change. Treadwell Room Treadwell Room Treadwell Room Treadwell Room Treadwell Room Treadwell Room Treadwell Room Treadwell Room Member of the National League of Cities and the National Association of Counties Page 52 of 53 Meeting Calendar Discussion Due to Conflicts With The Alaska... AGENDA ITEM #2.d. /VFW �, o�,,.aa,�aa nn. sena rte } Southwest Alaska Economic Summit • When. March 2nd and 3rd, 2017 • Where Hotel Captain Cook, Anchorage Stay turgid for conference details. • Register on-line now> >Resolutions • Download Word Registratbn form to complete and email > Register N. Proxy VotingAssign your mazy vote for the membership meeting today.ta %For Exhibilo s 65ponsors Sponsorships. Sponsatshlps of die Summit are vitally Important so that SWAMC can bring ' Return to home the best speakers to the 2017 forum. There are variety of sponsorship levels and If you are planning to attend, with the right sponsorship Irrel, conference tickets can be Included. for more Information visit our Sponsor Page. Exhibitors: There are currently 14 exhibitor tables available, for purchase. Further details on exhibitor benefits are available on the FAhlbltot Pape Conference planning is underway, so If you have any questions or comments, please contact Doug Griffin, our Executive Director, or call the SWAMC office at (907) S62-7380. Page 53 of 53 Meeting Calendar Discussion Due to Conflicts With The Alaska... January 11, 2017 Aimee Kniaziowski, Manager City of Kodiak Michael Powers, Manager Kodiak Island Borough Dear Aimee and Michael: Thank you for meeting with me yesterday to discuss the status of my contract renewal, as well as adjustments to the structure and process of the Kodiak Fisheries Work Group and its communication with the City Council and Borough Assembly. As we discussed, the original two-year contract spoke to renewal of up to two years, in one-year increments, by mutual agreement of the three parties. At the end of two years, in February 2016, the City and Borough agreed to a one-year renewal. I would like to continue working with the community entities for an additional year, if the City and Borough agree that they wish to continue to be involved in fisheries issues and employ a consultant. I thought it might be useful to briefly review the plusses and minuses of the last year's work, suggest renewed focus on a suite of fisheries concerns, and provide my view of potential improvements to the process. On behalf of the City and Borough, the KFWG has made enormous strides in its work on several fisheries issues that directly affect the community of Kodiak. The economic study of fisheries' impacts on the economy of Kodiak was one of the original deliverables requested at the beginning of my contract, and that was accomplished in 2016, in time to be useful in assessing the potential effects of the Gulf Trawl Bycatch Management (GTBM) action before the North Pacific Fishery Management Council (NPFMC). In the aftermath of the NPFMC's December decision to postpone indefinitely any further action on GTBM, the economic study will continue to be useful in analyzing any subsequent federal management actions, as well as proposals before the Alaska Board of Fisheries and other entities. The GTBM action was clearly one of the central fisheries issues affecting Kodiak over the last three years, and the KFWG was deeply engaged in an in-depth study of the major elements of the program. Members of the public from all sides of the issue presented extensively to the KFWG at every meeting in the months and years of the consideration of the GTBM action, seeking to inform the group and shape public policy decisions. During this long process, the KFWG carefully developed and recommended comment letters for approval by the City Council and Borough Assembly. These letters and public testimony made significant impacts on the NPFMC and the State of Alaska, and reinforced the importance of considering community impacts in management decisions. While it was driven by necessity, this intense concentration on the Gulf Trawl issue took most of the time and energy of the KFWG, particularly during the last year. With the recent postponement of any further GTBM action, the KFWG should now be able to turn more attention to other important issues, ranging from local requests for fisheries -related services in the harbor, to the impending Congressional reauthorization of the Magnuson Stevens Act. The State management process for salmon, herring, crab and other species through the Board of Fisheries has a large influence on the community of Kodiak, as do the halibut management activities of the International Pacific Halibut Commission. My experience is extensive with these two management bodies, and I look forward to working with them on matters of interest to the Kodiak community as a whole. In addition to interacting with these major regulatory bodies that set fisheries management policy, the community should also continue to engage with the regulatory agencies that carry out the policies - the National Marine Fisheries Service on the Federal side and the Department of Fish and Game on the State side. The fishing industry organizations and companies are also a large part of successful engagement with the participants. Regarding administration, if the bodies agree to maintain the KFWG and an analyst, l believe we need discussion and a bit more clarity in three general areas: 1) authority, 2) communication pathways among the analyst, KFWG and the municipal bodies, and 3) direction and scope of the KFWG and analyst going forward - how is the focus of their work determined in the most responsive manner? We touched on some of these elements in our discussion this week, and I am looking forward to expanding that discussion in whatever way is most efficient. I am copying the Mayors and the Co-chairs of the KFWG to keep them informed. (Note: I am operating with the understanding that, even though the KFWG has not yet met to officially confirm the Co-chairs, Mr. Whiddon is the preference of the three City members and Mr. LeDoux is the choice of the three Assembly members.) Best regards, Heather McCarty Cc: Mayor Pat Branson Mayor Dan Rohrer John Whiddon Larry LeDoux Some details: Lots with residential structures represented In this map Include properties that have PACs use designations: single family residential, single family residential with apartment. two family residential, three family residential, four family rwidentlal, multi -family residential, condominium, planned unit development, mobile home park, mobile hone residence, residence with business, zero lot line development. Counts are approximate. Map drafted by Kodiak Island Borough GIs January 11, 2017. �r els ' Px � _1110� / 4�f�000 all O o �� U A N Wi: S - Parcels with Residential Structures Vacant Parcels e 1112/2017 Parcel Summary for the Womens Bay Area Code Zoning District Parcel Count Parcels with Residential Structures Vacant Parcel Count C Conservation District 5 0 RR1 Rural Residential One District 316 261 41 Totals for Womens Bay: 321 261 51 Some details: v 1 N Lots with residential structures represented in this map include properties that have PACs use designations: single family residential, single family residential with apartment, two family residential, three family residential, four family residential, multi -family residential, condominium, planned unit development, mobile home park, mobile home residence, residence with business, zero lot line development, Counts are approximate. Map drafted by Kodiak Island Borough GIs January 11, 2017. P - Parcels with Residential Structures Vacant Parcels Parcel Summary for the Kodiak Urban Area Code Zoning District Parcel Count I Parcels with Residential Structures Vacant Parcel Count C Conservation District 31 2 16 R3 IWftifamily Residential District 457 403 42 RR Rural Residential District 60 55 4 RR1 Rural Residential One District 468 379 80 R1 Single -Family Residential District 808 746 49 R2 Two -Fainly Residential District 1111 930 146 Totals for Kodiak Urban Area: 2935 2515 337 Some details: Lots with residential structures represented in this map include properties that have PACs use designations: single family residential, single family residential with apartment, two family residential, three family residential, four family residential, mulll-family residential, condmminium, planned unit development, mobile home park, mobile home residence, residence with business, zero lot line development. Counts are approximate. Map drafted by Kodiak Island Borough GIs January 11, 2017. e 111212017 m r ror µ o' 9 \ o P v m r g Trinity Kodiak Island r. ,'N\ Marmot Bay n Vacant Parcels - Parcels with Residential Structures Parcel Summary for the Kodiak Island Borough Code Zoning District Parcel Count Parcels with Residential Structures Vacant Parcel Count C Conservation District 5199 58 1905 R3 NLltifar ily Residential District 459 403 44 RR Rural Residential 78 21 38 RR Rural Residential District 60 55 4 RR1 Rural Residential One District 876 671 173 RR2 Rural Residential Two District 40 10 27 R1 Single -Family Residential District 1508 1163 276 R2 Two -Family Residential District 1150 955 155 Totals for Borough: 9370 3336 2622 'm 1 0 ii b i 1I1� I11111dIINlI)II�IIIjIIt�IiN�INNNIiI�f�idlllllllillll�ijj%1Ri�lil�r 011 0i r; l vw••r., lWillI 2 I R o I' / � ' I IIIIIIIIIIIII��III�I � IIII O r j mY • / m y 2 9N a 9 i 100 y lr 1 o IM u, x O A a o � N ✓: � i9.. _ F A S I � , O f 2 fi D to D in vi � r r m a KODIAK ISLAND BOROUGH WORK SESSION Work Session of Please PRINT your name Please PRINT your name C/?Az DeXxf - 0� �C � 1 C-Sb1J