2017-11-08 Joint Work SessionPage
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, November 8, 2017
Kodiak Library Multi -Purpose Room
7:30 p.m.
(City Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the 'official record" should be made at a regular
Borough Assembly or City Council meeting.
Public Comments
2. Agenda Items
A. Discuss Restructuring of the Fisheries Work Group
B. Overview of the Kodiak Fisheries Development Association
C. Discuss Shared State Lobbyist Services
D. Discuss Shared Federal Lobbyist Services
2-37 E. AGENDA PACKET
20170621 JWS Packet
3. Future Discussion Items
A. Review of Emergency Services Ordinances
B. Discuss an Assistant Position to the Emergency Services
Coordinator of the Kodiak Emergency Services Organization
Next Meeting Schedule
Page 1 of 37
AGENDA ITEM P.E.
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, November 8, 2017
Kodiak Library Multi -Purpose Room
7:30 p.m.
(City Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the `official record" should be made at a regular
Borough Assembly or City Council meeting.
Public Comments
2. Agenda Items
a) Discuss Restructuring of the Fisheries Work Group...............1
b) Overview of the Kodiak Fisheries Development Association... 13
c) Discuss Shared State Lobbyist Services ............................25
d) Discuss Shared Federal Lobbyist Services .........................31
3. Future Discussion Items
a) Review of Emergency Services Ordinances
b) Discuss an Assistant Position to the Emergency Services
Coordinator of the Kodiak Emergency Services Organization
4. Set Next Joint Work Session Meeting Date
Page 2 of 37
AGENDA PACKET
(This page left intentionally blank.)
AGENDA PACKET
AGENDA ITEM #2.E.
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AGENDA ITEM #2.E.
Introduced by:
Borough Assembly
Requested by:
Kodiak Fisheries Workgroup
Drafted by:
Borough Clark
Introduced on:
091202012
Adopted on:
092012012
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY 2013-09
A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE
CITY OF KODIAK COUNCIL SUPPORTING THE OVERALL APPROACH TO FISHERY
ISSUES BY THE KODIAK FISHERIES WORKGROUP
WHEREAS, the economy and well-being of residents of the Kodiak Island Borough and
the City of Kodiak depend upon commercial, recreational, and subsistence fisheries; and
WHEREAS, revenues to the municipal governments are derived directly and indirectly
from activities of the fishing Industry and related businesses; and
WHEREAS, the Kodiak Island Borough and the City of Kodiak wish to assure the growth
and sustainability of the region's fisheries; and
WHEREAS, and the Kodiak Island Borough and the City of Kodiak have begun a
program to become directly Involved in the public fishery policy decision-making processes
of state and federal governments; and
WHEREAS, fishery management, regulation, and policy decisions are often complex and
controversial and often affect various user groups in different fashions; and
WHEREAS, the Kodiak Island Borough and the City of Kodiak do not wish to unduly
favor any user group over another.
NOW, THEREFORE BE IT JOINTLY RESOLVED BY THE KODIAK ISLAND BOROUGH
ASSEMBLY AND THE CITY OF KODIAK COUNCIL to support and adopt the following
statement of the Kodiak Fisheries Workgroup's overall approach for consideration of
fishery management issues of Interest and concern to the Kodiak region:
Overall Approach:
1. Focus on overall impacts to the community and maintenance and growth of
revenue streams.
2. Understand how various approaches will fundamentally Impact fisheries and
resources.
3. Frame benchmarks and objectives as positive statements.
4. Refrain from taking positions on allocative questions (to the extent possible, while
understanding that many issues and decision will have allocative implications).
Kodiak island Borough Resolution No. FY2013-09
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AGENDAPACKET
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AGENDA ITEM #2.E.
5. Focus on broad -scale program features (i.e., keep a 30,000 ft, viewpoint), unless
specific program elements threaten the goals for management programs as
referenced within Resolution No. FY2013-10 of the Kodiak Island Borough,
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF SEPTEMBER, 2012
ATTEST:
No a . Javier, MM , Borough Clerk
Kodiak Island Borough
KODIAK ISLAND BOROUGH
Resolution No. FY2013-09
Page 2 of 2
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AGENDA PACKET Z
AGENDA ITEM #2.E.
CITY OF KODIAK
RESOLUTION NUMBER 2012-30
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND
THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE
OVERALL APPROACH TO FISHERY ISSUES BY THE KODIAK FISHERIES
WORKGROUP
WHEREAS, the economy and well-being of residents of the City of Kodiak and the
Kodiak Island Borough depend upon commercial, recreational, and subsistence fisheries; and
WHEREAS, revenues to the municipal governments are derived directly and indirectly
from activities of the fishing industry and related businesses; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough wish to assure the
growth and sustainability of the region's fisheries; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough have begun a program to
become directly involved in the public fishery policy decision-making processes of state and
federal governments; and
WHEREAS, fishery management, regulation, and policy decisions are often complex and
controversial and often affect various user groups in different fashions; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough do not wish to unduly
favor any user group over another.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kodiak and the
Assembly of the Kodiak Island Borough to support and adopt the following statement of the
Kodiak Fisheries Workgroup's overall approach for consideration of fishery management issues
of interest and concern to the Kodiak region:
Overall Approach:
1. Focus on overall impacts to the community and maintenance and growth of
revenue streams.
2. Understand how various approaches will fundamentally impact fisheries and
resources.
3. Frame benchmarks and objectives as positive statements.
4. Refrain from taking positions on allocative questions (to the extent possible, while
understanding that many issues and decision will have allocative implications).
5. Focus on broad -scale program features (i.e., keep a 30,000 ft. viewpoint), unless
specific program elements threaten the goals for management programs as
referenced within Resolution No. 2012-31 of the City of Kodiak.
Resolution No. 2012-30
Page 1 of 2
AGENDA PACKET
Page 6 of 37
CITY OF KODIAK
MAYOR
ATTEST:
ITY CLERK
Adopted: September 27, 2012
Resolution No. 2012-30
Page 2 of 2
AGENDA PACKET
AGENDA ITEM #2.E.
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AGENDA ITEM #2.E.
Introduced by:
Borough Assembly
Requested by:
Kodiak Fisheries Workgroup
Drafted by:
Borough Clerk
introduced on:
09/20/2012
Adopted on:
09/2012012
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2013-10
AJOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE
CITY OF KODIAK COUNCIL SUPPORTING COMMENTS TO THE NORTH PACIFIC
FISHERY MANAGEMENT COUNCIL ON PENDING ACTIONS REGARDING
COMPREHENSIVE MANAGEMENT OF PROHIBITED SPECIES CATCH (PSC) BY THE
TRAWL FISHERY IN THE CENTRAL GULF OF ALASKA
WHEREAS, the North Pacific Fishery Management Council Is considering the need for
and beginning development of a comprehensive program to manage prohibited species
catch by the trawl fleet of the central Gulf of Alaska; and
WHEREAS, any such comprehensive management program for fisheries in the central
Gulf of Alaska will have major and direct effects on the economy and well-being of
residents of the Kodiak region; and
WHEREAS, National Standards of the Magnuson -Stevens Fishery Conservation and
Management Act require that federal fishery management decisions take into account the
importance or fishery resources to 'fishing communities, in order to provide for the
sustained participation of such communities and minimize adverse economic impacts on
such communities; and
WHEREAS, the Kodiak Island Borough and the City of Kodiak represent the
communities of the Kodiak region, rather than Individual user groups or fishing interests;
and
WHEREAS, the Kodiak Island Borough and the City of Kodiak have begun a program to
participate directly in public processes for Fishery policy decision-making as outlined in
Resolution No. FY2013-09 of the Kodiak Island Borough
NOW, THEREFORE BE IT JOINTLY RESOLVED BY THE KODIAK ISLAND BOROUGH
ASSEMBLY AND THE CITY OF KODIAK COUNCIL that these bodies support the Kodiak
Fisheries Workgroup's proposed overarching Purpose for consideration of fishery
management Issues of interest and concern to the Kodiak region as follows:
Overarching Purpose:
1. Maintain healthy, sustainable resources in the central (and western) Gulf of Alaska.
2. Promote a sustainable, vigorous economy In the Kodiak region with healthy and
competitive harvesting and processing sectors and support Industries.
3. Maintain quality of life and social well-being in Kodiak.
Kodiak Island Borough Resolution No. FY2013-10
Page 1 of 2
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AGENDA PACKET 5
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AGENDA ITEM #2.E.
NOW, THEREFORE BE IT FURTHER JOINTLY RESOLVED BY THE KODIAK ISLAND
BOROUGH ASSEMBLY AND THE CITY OF KODIAK COUNCIL that these bodies
support the Kodiak Fisheries Workgroup's proposed -goals for management programs as
follows:
Goals for Management Programs:
1. Provide effective controls of prohibited species catch and other bycatch to provide
for balanced and sustainable fisheries and healthy harvesting and processing
sectors.
2. Maintain or increase target fishery landings and revenues to Kodiak.
3. Maintain or Increase employment opportunities for vessel crews, processing
workers, and support industries.
4. Provide increased opportunities for value-added processing,
S. Maintain opportunities for fishermen to enter the fishery.
6. Maintain opportunities for processers to enter the fishery.
7. Minimize adverse economic impacts of consolidation of the harvesting or
processing sectors.
8. Maximize active participation by owners of harvesting vessels and fishing
privileges.
9. Maintain the economic strength and vitality of Kodiak's working waterfront.
10. Establish methods to measure success and Impacts of all programs, including
collection and analysis of baseline and after -action data.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF SEPTEMBER, 2012
ATT T:
j 'a0JUA- L
N a M. Javier, MMC Borough Clerk
KODIAK ISLAND BOROUGH
Je me M. Selby, -fi a r �
Kodiak Island Borough Resolution No. FY2013-10
Page 2 of 2
Page 9 of 37
AGENDA PACKET 6
AGENDA ITEM #2.E.
CITY OF KODIAK
RESOLUTION NUMBER 2012-31
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND
THE KODIAK ISLAND BOROUGH ASSEMBLY SUPPORTING COMMENTS TO THE
NORTH PACIFIC FISHERY MANAGEMENT COUNCIL ON PENDING ACTIONS
REGARDING COMPREHENSIVE MANAGEMENT OF PROHIBITED SPECIES
CATCH BY THE TRAWL FISHERY IN THE CENTRAL GULF OF ALASKA
WHEREAS, the North Pacific Fishery Management Council is considering the need for
and beginning development of a comprehensive program to manage prohibited species catch by
the trawl fleet of the central Gulf of Alaska; and
WHEREAS, any such comprehensive management program for fisheries in the central
Gulf of Alaska will have major and direct effects on the economy and well-being of residents of
the Kodiak region; and
WHEREAS, National Standards of the Magnuson -Stevens Fishery Conservation and
Management Act require that federal fishery management decisions take into account the
importance of fishery resources to fishing communities, in order to provide for the sustained
participation of such communities and minimize adverse economic impacts on such
communities; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough represent the
communities of the Kodiak region, rather than individual user groups or fishing interests; and
WHEREAS, the City of Kodiak and the Kodiak Island Borough have begun a program to
participate directly in public processes for fishery policy decision-making as outlined in
Resolution No. 2012-30 of the City of Kodiak.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kodiak and the
Assembly of the ICodiak Island Borough that these bodies support the Kodiak Fisheries
Workgroup's proposed overarching purpose for consideration of fishery management issues of
interest and concern to the Kodiak region as follows:
Overarching Purpose:
1. Maintain healthy, sustainable resources in the central (and western) Gulf of Alaska.
2. Promote a sustainable, vigorous economy in the Kodiak region with healthy and
competitive harvesting and processing sectors and support industries.
3. Maintain quality of life and social well-being in Kodiak.
Resolution No. 2012-31
Page 1 of'2
Page 10 of 37
AGENDA PACKET 7
AGENDA ITEM #2.E.
BE IT FURTHER RESOLVED by the Council of the City of Kodiak and the Assembly
of the Kodiak Island Borough that these bodies support the Kodiak Fisheries Workgroup's
proposed goals for management programs as follows:
Goals for Management Programs:
1. Provide effective controls of prohibited species catch and other bycatch to provide for
balanced and sustainable fisheries and healthy harvesting and processing sectors.
2. Maintain or increase target fishery landings and revenues to Kodiak.
3. Maintain or increase employment opportunities for vessel crews, processing workers, and
support industries.
4. Provide increased opportunities for value-added processing.
5. Maintain opportunities for fishermen to enter the fishery.
6. Maintain opportunities for processers to enter the fishery.
7. Minimize adverse economic impacts of consolidation of the harvesting or processing
sectors.
8. Maximize active participation by owners of harvesting vessels and fishing privileges.
9. Maintain the economic strength and vitality of Kodiak's working waterfront.
10. Establish methods to measure success and impacts of all programs, including collection
and analysis of baseline and after -action data.
ATTEST:
CITY CLERK
Resolution No. 2012-31
Page 2 of 2
AGENDA PACKET
CITY OF KODIAK
MAYOR
Adopted: September 27, 2012
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Introduced by:
Requested by:
Drafted by:
Introduced on:
Adopted on:
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2013-32
AGENDA ITEM #2.E.
Kodiak Fisheries Work Group
Borough Assembly/City Council
Kodiak Fisheries Work Group
06/06/2013
06/06/2013
A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH
ASSEMBLY AND KODIAK CITY COUNCIL DOCUMENTING THE
KODIAK FISHERIES WORK GROUP'S SCOPE AND AUTHORITY
WHEREAS, it is in Kodiak's best interests for Its Borough and City governments to be
well informed regarding the potential impacts of State and Federal fishery management
actions on the Kodiak community; and
WHEREAS, the Kodiak Island Borough Assembly and the City Council have determined
that a Kodiak Fisheries Work Group can provide valuable assistance to the Borough
Assembly and City Council by identifying fishery management actions that could affect
Kodiak; and
NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT this resolution hereby creates the Kodiak Fisheries Work Group; and
BE IT FURTHER RESOLVED THAT:
1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of
three representatives from the Kodiak Island Borough and three representatives from
the Kodiak City Council.
32 2, Organization. The work group shall' designate two co-chairs at the first meeting of the
33 calendar year and shall hold at least one meeting monthly. The co-chairs shall
34 alternate presiding the meetings. The borough manager, city manager, and the
35 fisheries analyst shall serve as ex -officio, non-voting members of the work group.
36
37 3. Purpose, Scope, and Authority.
38 a. Focus on overall impacts to the community and maintenance and growth of
39 revenue streams.
40 b. Understand how various approaches will fundamentally impact fisheries and
41 resources.
42 c. Frame benchmarks and objectives as positive statements.
43 d. Refrain from taking positions on allocation questions to the extent possible while
44 understanding that many issues and decisions will have allocation Implications.
45 e. Focus on broad -scale program features unless specific program elements threaten
46 the goals for management programs as referenced within Resolution No. 2012-31
47 of the City of Kodiak.
48 f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant
49 written quarterly reports including background materials and analysis for fisheries
50 issues of importance to the community pursuant to the contractual report schedule.
Kodiak Island Borough/City of Kodiak, Alaska Resolution No. FY2013-32
P���74Sf3Z
AGENDA PACKET 9
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AGENDA ITEM #2.E.
4. Administrative assistance. The Borough and City Clerk's office staff shall:
a. Furnish the work group with copies of all requested documents and other
information necessary or reasonably related to the work group's functions;
b. Provide the work group with such supplies, meeting space, and secretarial
assistance;
c. Refer to the work group, for their discussion, all nonemergency matters within the
scope of its powers and duties prior to presenting those matters to the assembly for
action; and
d. Transmit all recommendations and other communications from the work group to
the Assembly and Council.
5. Consensus. The affirmative votes of four (4) work group members shall be required to
build consensus of the work group. Consensus shall be given at a public meeting of the
work group.
6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda.
No business may be transacted nor is any measure considered that is not on the
agenda. The clerk shall prepare an agenda and it shall be distributed to work group
members, along with the meeting packet, one week prior to the regular meeting.
7. Meeting Notes/Summary. Bulieted notes shall be taken and shall be filed as a part of
the meeting packet.
8. Reporting. Work group members who are unable to attend a meeting shall advise the
staff clerk of the contemplated absence to maximize attendance and participation of
members at these meetings.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF JUNE, 2013
ATTEST:
aJ
Nova M. Javier, MMC, Bo ugh Clerk
Kodiak Island Borough/City of Kodiak, Alaska
AGENDA PACKET 10
KODIAK ISLAND BOROUGH
i
i
jJeme M. Selby, Borough May r
Resolution Npa§e`4@ -
vage 2 of 2
AGENDA ITEM #2.E.
CITY OF KODIAK
RESOLUTION NUMBER 2013-17
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND
THE KODIAK ISLAND BOROUGH DOCUMENTING THE KODIAK FISHERIES
WORK GROUP'S SCOPE AND AUTHORITY
WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be
well informed regarding the potential impacts of state and federal fishery management actions on
the Kodiak community; and
WHEREAS, the Kodiak City Council and the Kodiak island Borough Assembly have
determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City
Council and Borough Assembly by identifying fishery management actions that could affect
Kodiak.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska,
that this resolution hereby creates the Kodiak Fisheries Work Group.
BE IT FURTHER RESOLVED THAT:
1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three
representatives from the Kodiak City Council and three representatives from the Kodiak Is-
land Borough.
2. Organization. The work group shall designate two co-chairs at the first meeting of the
calendar year and shall hold at least one meeting monthly, The co-chairs shall alternate pre-
siding at the meetings. The city manager, borough manager, and the fisheries analyst shall
serve as ex -officio, non-voting members of the work group.
3. Purpose, Scope, and Authority.
a. Focus on overall impacts to the community and maintenance and growth of revenue
streams.
b. Understand how various approaches will fundamentally impact fisheries and resources.
c. Frame benchmarks and objectives as positive statements.
d. Refrain from taking positions on allocation questions to the extent possible while under-
standing that many issues and decisions will have allocation implications.
e. Focus on broad -scale program features unless specific program elements threaten the
goals for management programs as referenced within Resolution No. 2012-31 of the City
of Kodiak.
f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant writ-
ten quarterly reports including background materials and analysis for fisheries issues of
importance to the community pursuant to the contractual report schedule.
Resolution No. 2013-17
Page I of 2
Page 14 of 37
AGENDAPACKET 11
AGENDA ITEM #2.E.
4. Administrative assistance. The City and Borough Clerk's office staff shall:
a. Furnish the work group with copies of all requested documents and other information
necessary or reasonably related to the work group's functions;
b. Provide the work group with supplies, meeting space, and secretarial assistance;
c. Refer to the work group, for their discussion, all nonemergency matters within the scope
of its powers and duties prior to presenting those matters to the assembly for action; and
d. Transmit all recommendations and other communications from the work group to the
Council and Assembly.
5. Consensus. The affirmative votes of four (4) work group members shall be required to build
consensus of the work group. Consensus shall be given at a public meeting of the work
group.
6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No
business may be transacted nor any measure be considered that is not on the agenda. The
clerk shall prepare an agenda and it shall be distributed to work group members, along with
the meeting packet, one week prior to the regular meeting.
Meeting Notes/Summary. Bulleted notes shall be taken and shall be filed as a part of the
meeting packet.
Reporting. Work group members who are unable to attend a meeting shall advise the staff clerk
of the contemplated absence to maximize attendance and participation of members at these
meetings.
ATTEST:
CITY CLERIC
Resolution No. 2013-17
Page 2 ort
CITY OF KODI/AKKj
!T
MAYOR
Adopted: June 27, 2013
Page 15 of 37
AGENDA PACKET 12
AGENDA ITEM #2.E.
+ KODIAK ISLAND BOROUGH / CITY OF KODIAK
k' )SHERIES DEVELOPMENT ASSOCIATION
BOARD OF DIRECTORS
NAME TERM PHONE EMAIL
CITY APPOINTEES
Crab Processors Representative
Vacant 7/2019
Crab Harvester Representative
Jeff Stephan 7/2020 486-4568 istephanCci).otialaska.net
JOINT APPOINTEES
Stosh Anderson 7/2019 486-3673 stash a(ahotmail.com
Linda Freed 7/2020 486-5314 freed(cDgci.net
Albert Tyler Schmeil 7/2020 486-8587 tmschmeil(a)gci.net
BOROUGH APPOINTEES
Crab Processors Representative
Tuck Bonney 7/2018 486-3329 tbonnevcDnpsi.us
Crab Harvester Representative
Jerry Bongen 7/2018 486-6245
Ibongen(a)mac.com
KFDA bylaws state: Directors shall be appointed by joint resolution of the Borough Assembly and City Coun-
cil. Appointments shall take place annually at July meetings of the Borough Assembly and City Council. Direc-
tors shall have staggered three (3) year terms of office, assigned by a random selection method at the first
Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year.
Directors shall serve until their successors are appointed and qualified.
CITY MANAGER, MIKE TVENGE
OFFICE OF THE CITY MANAGER
710 MILL BAY ROAD, ROOM 113
KODIAK, AK 99615
486-8640 mtvenge(@city.kodiak.ak.us
FRORSIAQSalg: 8/11/17
AGENDA PACKET 13 Revised by: DM
AGENDA ITEM #2.E.
Kodiak Fisheries Development Association (KFDA)
Annual Secretary/Treasurer Report
September 7, 2017
All of the financial assets of KFDA were transferred from the City of Kodiak to KFDA
and placed in a high yield savings account with checking privileges at Wells Fargo
Bank on January 9, 2015. The starting balance was: $241,654.00. The signatories on
the account are: Jerry Bongen, President, Jeff Stephan, Vice -President and Linda
Freed, Secretary/Treasurer. The Secretary/Treasurer has maintained the account
since its inception.
2. The current balance in the account is: $335,663.93. Remaining financial activities this
year are: billing KFDA lessees (2) for their portion of the 2016 - 2017 ACPAO
expenses and KFDA's lease payment to Ocean Beauty (approx. $45,000). The
advertising cost for the RFP and the meeting have not yet been billed and paid. There
may also be some on-going legal expenses.
3. KFDA's income for the 2016 — 2017 year was: Royal Aleutian $4,110.06, Trident
$39,880.25 (plus $2,500 deposit) and APS $41,123.40 (plus $2,500 deposit). A total
of: $90,113.71. The prior year's income was: $112,112.49.
4. Application was made for KFDA's 2017 - 2018 IPQ in early June.
5. The biennial report was filed with the State of Alaska. KFDA is in good standing until
7/2/2019. Updates were made to KFDA's corporate records by removing Mike
Woodruff as a Director and changing the organization's mailing address to that of the
Secretary/Treasurer (3295 Woody Way Loop, Kodiak, AK 99615).
6. The 2017 - 2018 RFP for lease of KFDA's IPQ was revised, issued and advertised.
7. New ROFRr's have been executed in compliance with revised federal regulations,
except for one (Deep Creek Fisheries).
8. The 2016 — 2017 tax return has been completed.
9. The annual meeting date and location was established and advertised. The meeting
packet was developed and distributed.
10. Directors Freed and Schmeil were reappointed by the City Council and the Borough
Assembly to terms ending in July 2020 and Director Stephan was reappointed by the
City Council to a term ending in July 2020. Freed attended the Borough Assembly
meeting on July 20, 2017 to provide information about KFDA, prior to the
reappointments. Freed has been asked to attend a joint work session of the City
Council and Borough Assembly in December to provide an update about KFDA.
Page 17 of 37
AGENDA PACKET 14
AGENDA ITEM #2.E.
BYLAWS
OF
KODIAK FISHERIES DEVELOPMENT ASSOCIATION
ARTICLE I — NAME
The name of the organization shall be Kodiak Fisheries
Development Association (the "Corporation").
ARTICLE II — PURPOSE
The Corporation is organized exclusively to promote the social
welfare of the City of Kodiak and the Kodiak Island Borough (together, the
"Kodiak Community"), consistent with Section 501(c)(4) of the Internal Revenue
Code of the United States (as the same may be amended, supplemented, or
replaced from time to time, the "Internal Revenue Code"). Subject to the
foregoing, the specific purposes for which the Corporation is organized are as
follows:
A. To act as an Eligible Crab Community Entity ("ECCE") on
behalf of the Kodiak Community for purposes of exercising rights of first refusal
in connection with proposed transfers of processor quota shares ("PQS") and
individual processor quota ("IPQ"), pursuant to the Bering Sea/Aleutian Island
("BS/AI") crab rationalization program regulations set forth at 50 C.F.R. part 680,
as the same may be amended from time to time (the Regulations");
B. If the Council of the City of Kodiak (the "City Council") and
the Kodiak Island Borough Assembly (the "Borough Assembly") authorize it to
do so, to act as an Eligible Crab Community Organization ("ECCO") for the
Kodiak Community for purposes of holding crab rationalization quota shares
("QS") on behalf of the Kodiak Community and making the resulting individual
fishing quota ("IFQ") available to residents of the Kodiak Community; and
C. In general, to exercise those powers set forth in AS 10.20.005,
et seq., as now enacted or as may hereafter be amended, and to exercise such
other powers that now are or hereafter may be conferred by law upon a
corporation organized for the purposes set forth herein or that are necessary or
incidental to the powers so conferred, subject only to such limitations that are or
may be prescribed by state or federal law, any resolution of the City Council or
the Borough Assembly, these Articles of Incorporation, and the Corporation's
Page 18 of 37
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AGENDA ITEM #2.E.
Bylaws, including without limitation the limitations placed on organizations
exempt from taxation under Section 501(c)(4) of the Internal Revenue Code.
ARTICLE III — MEMBERSHIP
The Corporation shall have no members.
ARTICLE IV — BOARD OF DIRECTORS
Section 1. Functions and Powers. The initial Board of Directors
(the "Initial Board") shall have the authority to adopt the Corporation's initial
Bylaws, elect its initial officers, take whatever steps may be appropriate to
qualify it as an ECCE with the National Marine Fisheries Service ("NMFS")
pursuant to the Regulations, execute right of first refusal contracts between the
Corporation and PQS holders as required under the regulations, and file
affidavits of execution with NMFS. All other authority to act as a board of
directors for the Corporation shall be reserved to the Board of Directors
appointed pursuant to Article IV, Section 3, below (the "Board of Directors" or
the "Board"), provided that the authority of the Board of Directors to manage the
affairs of the Corporation; determine its policies within the limits of the Articles
of Incorporation and these Bylaws; collect, administer, and disburse the
Corporation's funds; approve projects; and otherwise actively pursue and
promote the purposes of the Corporation, shall in all cases be subject to such
limits as may be jointly imposed from time to time by the City Council and the
Borough Assembly. The salaries, if any, of all employees of the Corporation shall
be determined by or under the direction of the City Council and the Borough
Assembly. The budget and funding of the Corporation shall be as jointly
approved by the City Council and Borough Assembly from time to time.
Section 2. Number. The number of directors serving on the Initial
Board shall be three (3). The number of Directors serving on the Board of
Directors shall be seven (7). The Initial Directors shall be named by the
incorporators and shall remain in office until their successors are designated and
qualified in accordance with Article IV, Section 3, below.
Section 3. Composition and Voting Rights. The Board of Directors
of the Corporation shall be appointed by the City Council and the Borough
Assembly, as follows:
A. Two (2) directors shall be appointed by the City Council;
B. Two (2) directors shall be appointed by the Borough
Assembly; and
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AGENDA ITEM #2. E.
_ C. Throe (3) directors shall be jointly appointed by the City
Council and the Borough Assembly.
At least two (2) directors shall represent the interests of Kodiak Community
BS/AI crab harvesters, and at least two (2) directors shall represent the interests
of Kodiak Community BS/Al crab processors. Except as otherwise provided in
the Corporation's Articles of Incorporation or these Bylaws, approval by a four -
sevenths (4/7) vote of all directors is required for all Board action.
Section 4. Appointment and Terms of Office. Directors shall be
appointed by joint resolution of the City Council and the Borough Assembly.
Appointments shall be made annually, at July meetings of the City Council and
Borough Assembly. Directors shall have staggered three (3) year temp of office,
assigned by a random selection method at the first Board meeting, such that as
close as possible to one third (1 /3) of the Board is up for appointment each year.
Directors shall serve until their successors are appointed and qualified.
Section 3. Nfeetings. Meetings of the Corporation's Board of
Directors shall be held at times and places designated by the Board. Special
meetings of the Board may be called by a majority of the Board or by the
President. Participation in a Board meeting by means of a telecommunications
device that allows all parties to hear each other at the same time shall be the
equivalent of presence in person at a meeting.
Section 6. Public Participation at Meetings. Members of the public
shall be permitted to attend and shall be given an opportunity to be heard at all
meetings of the Corporation's Board of Directors; provided that the Board may
from time to time enter closad executive session as permissible under Alaska
statutes.
Section 7. Notice of Meetings. Notice of each meeting describing
the matters to come before the Board at that meeting shall be given in writing to
each director by mail, facsimile, or electronic mail transmission, not less than
three (3) days prior to the meeting. In addition, reasonable public notice of any
meeting of the Corporation's directors, which notice shall include the meeting's
date, time, and place, shall be given at least three (3) days in advance of the
meeting, in accordance with A.S. 44.62.310(e).
Section 8. Waiver of Notice. A director may waive any notice
required to be given by signing a written waiver either before or after the.
meeting. A director may not waive the failure to give public notice per A.S.
444.62.310(c).
Page 20 of 37
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AGENDA ITEM #2.E.
_ Section 9. Presv.m +mon of Assent.• A director who is present at a
meeting of the Board of Directors at which action on -my corporate matter is taken
shall be presumed to have assented to the action taken unless:
A. The director objects at the beginning of the meeting, or
promptly upon the director's arrival, to holding the meeting or transacting business
at the meeting;
B. The director's dissent or abstention from the action taken is
entered in the minutes of the meeting; or
C. The director files a written dissent or abstention with the
presiding officer of the meeting before its adjournment or with the Corporation
within a reasonable time after adjournment of the meeting.
The right of dissent or abstention is not available to a director who votes in favor of
the action taken.
Section 10. Ouorum. Presence of five -sevenths (5/7) of the
directors shall constitute a quorum for the transaction of business at all meetings.
Section 11. Action Without a Meeting. The Corporation's Board of
Directors may not take action without a meeting.
Section 12. Removal. A director may be removed from the Board
of Directors at Lhe discrefion of the entity or entities that appointed such director.
A director may also be removed by the Board if he or she is absent from three (3)
consecutive Board meetings without being excused by a majority of the other
directors.
Section 13. Remuneration. No salary or other remuneration shall be
paid to directors unless approved in advance by joint resolution of the City Council
and the Borough Assembly.
ARTICLE. V — COAMIT EFS
Section 1. �iernation. The Board of Directors may appoint
committees to assist and advise the Board with those functions, powers, duties,
and tenure as the Board deems appropriate. Each committee shall consist of at
least two (2) directors and such other persons as the Board may designate who
need not be members of the Board of Directors.
Page 21 of 37
AGENDA PACKET 18
AGENDA ITEM #2.E.
Section 2. Limitation of Committee Powers. Committees shall
exorrisr advisory authority only, and any committee recommendation :hall
require subsequent action by the Board of Directors before binding the
Corporation.
ARTICLE VI — OFFICERS AND EXECUTIVE DIRECTOR
„ Section 1. dumber and Title. The officers of the Corporation shall
be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall
be elected by the Board of Directors. The Secretary and the Treasurer may be,
but need not be, members of the Board.
Section 2. Election. Officers shall be elected annually, at the first
meeting following appointment of the Board. The Initial Directors may elect
interim officers, who shall hold office only until the Board of Directors is
appointed.
Section 3. Term. Officers other than those elected by that Initial
Board shall hold office for one (1) year terms, and all officers shall serve until
their respective successors are elected and qualified.
Section 4. Resignation. Any officer of the Corporation may resign at
any time by giving written notice to the Board of Directors, or to any other officer of
the Corporation. Any such resignation is effective when the notice is delivered,
unless the notice specifies a later date, and shall be without prejudice to the contract
rights, if any, of such officer.
Section 5. Removal. The Board of Directors may remove any officer
elected by it, with or without cause. The removal shall be without prejudice to the
contract rights, if any, of the person so removed.
Section G. Vacancies. if the office of any officer becomes vacant by
anv reason, the directors may appoint a successor who shall hold office for the
unexpired tern.
Section 7. Remuneration.. No salary or other remuneration shall be
paid to an officer or employee of the Corporation unless approved in advance by
the City Council and the Borough Assembly.
Section S. Executive Director. The City Council and Borough
Assembly may authorize the Corporation to retain an Executive Director, who
shall be responsible for the administration and management of the Corporation.
if the City Council and Borough Assembly authorize an Executive Director, the
Page 22 of 37
AGENDA PACKET 19
AGENDA ITEM #2.E.
Executive Director shall be appointed and may be removed as the City Council
and Bnront;h Assembly direct
ARTICLE VII — DUTIES OF OFFICERS
Section 1. President. The President shall preside at all meetings of
the Board of Directors..
Section 2. Vice President. The Vice President shall, in the absence
or disability of the President. perform the duties of the President.
Section 3. Secretary. The Secretary shall supervise the keeping of
the minutes of all meetings of the Board of Directors of the Corporation. The
Secretary shall have charge of such books and papers as the Board of Directors
may direct, including without limitation those records specified in Article VIII,
below, which shall, at all reasonable times, be open to the examination of any
director upon reasonable notice to the Secretary. The Secretary shall arrange to
provide proper notice of all meetings of the Board of Directors.
Section 4. Treasurer. The Treasurer shall supervise: the keeping of
full and accurate accounts of receipts and disbursements in books belonging to
the Corporation.
Section 5. Contract Rights. The appointment of an officer does not of
itself create any contract rights in favor of the officer.
ARTICLE Vlll — BOOKS AND RECORDS
Section 1. Books of Accounts and Minutes. The Corporation:
A. Shall keep as permanent records minutes of all meetings of its
Board of Directors and a record of all recommendations of any aommiltee(s) of the
Board of Directors;
B. Shall maintain appropriate accounting records;
C. Shall keep a copy of the following records at its principal office:
1. The Articles or Restated Articles of Incorporation and all
amendments to them currently in effect;
2. The Bylaws or Restated Bylaws and all amendments to
them airrently in effect;
Page 23 of 37
AGENDA PACKET 20
AGENDA ITEM #2.E.
3. Its financial statements for the past three (3) years,
including balance sheets showing in reasonable detail the financial condition of the
Corporation as of the close of each fiscal year, and an income statement showing
the results of its operations during each fiscal year prepared on the basis of
generally accepted accounting principles or, if not, prepared on a basis explained
therein;
4. A list of the names and business addresses of its current
directors and officers;
5. Its most recent biennial report delivered to the State of
Alaska;
6. Its Application to become an ECCE, and all supporting
documents, including but not limited to all right of first refusal contracts with I'QS
and/orIPQ holders;
7. Records related to even, right of first refusal offered to the
Corporation, its response to the same, and all related documents; and
B. All reports the Corporation may submit to the National
Marine Fisheries Scrvicc or the State of Alaska.
Section 2. CODitK of Resolution. Any person dealing with the
Corporation may rely upon a copy of any of the records of the proceedings,
resolutions, or votes of the Board of Directors or shareholders, when certified by
the President or Secretary.
ARTICLE IX — MISCELLANEOUS PROVISIONS
Section 1. Checks and Notes. All financial instruments of the
Corporation shall be signed by the officer or officers designated by the Board of
Directors.
Section 2. Fiscal Year. The fiscal year ofthse Corporation shall be ✓
from Ianuary 1 through December 31.
Section 3. Dej2osits. All funds of the Corporation not otherwise
employed shall be deposited in interest-bearing accounts selected by the
Treasurer and approved by a majority of the directors.
Page 24 of 37
AGENDA PACKET 21
AGENDA ITEM #2.E.
Section 4. Acceptance of Gifts, Donations, etc. No gift, donation,
buquest, or subscription to the Corporation shall be deemed to have hren
accepted until acted upon affirmatively by the Board of Directors.
Section 5. Conflict of Interest. A director may be present during
and participate in discussion and action regarding any Corporation transaction
with respect to which a director has a direct or indirect material financial interest
if and only if: (a) the director discloses the material facts of his or her financial
interest; (b) the Board authorizes the conflicting interest transaction by a vote
sufficient to meet the Board action requirements of these Bylaws, without
counting any interested director's vote; and (c) the Board can demonstrate by
clear and compelling evidence that the transaction is reasonable and fair to the
Corporation at the time it is authorized, approved, or ratified. If any of the
foregoing conditiortis are not satisfied with respect to any transaction involving
the Corporation in connection with which a director has a direct or indirect
material financial interest, such director may not be present during and may not
participate in any discussion or action with respect to such transaction.
ARTICLE- X — PARLIAMENTARY PROCEDURE
The most recent edition of Robert's Rules of Order shall govern
questions of parliamentary procedure at all meetings of the Board of Directors,
the Executive Committee, or any other committee of the Corporation.
ARTICLE XI — AIvIENDMENI5
These Bylaws may be amended or replaced only by a joint
resolution of the City Council and Borough Assembly.
ARTICLE XII—INDEMNIFICATION, INSURANCE, AND BONDING
Section 1. Officers and Directors. The Corporation shall indemnify
and defend all present and former directors, officers, employees, and agents of
the Corporation against any expenses of any proceeding (including by or in the
right of the Corporation) to which they are parties because they are or were
directors, officers, employees, or agents of the Corporation, all as defined and to
the fullest extent permitted by law.
Section 2. Insurance. The Corporation may purchase and maintain
insurance an behalf of any person who is or was serving at the request of the
Corporation as a director, officer, employee, or agent of another corporation,
partnership, joint venture, trust, other enterprise, or employee benefit plan
Page 25 of 37
AGENDA PACKET 22
AGENDA ITEM #2.E.
against any liability asserted against such person and incurred by such person in
any such capacity or arising out of such person's status as such, whrther or not
the Corporation would have the power to indemnify such person against such
liability under the provisions of this Article.
Section 3. Bondine. The Board may require that any person
authorized to sign checks for the Corporation shall furnish, at the expense of the
Corporation, a fidelity bond in such sum as the Board shall prescribe.
ADOPTED by the initial Board of Directors on September 13, 2(X)5,
r
r j . songen, President
dent
Laine O'Brien, Secretar%
❑;%ASMCi RIMM\M.$IAA iKafx;PS ❑1•R'1:.01`\IEM WmAM", .A;x.'
Page 26 of 37
AGENDA PACKET 23
AGENDA ITEM #2.E.
agairut any liability asserted against such person and incurred by such person in
any such capacity or arising out of such persons status as such, whether or not
the Corporation would have the power to indemnify such person against such
liability under the provisions of flus Article.
Section 3. Bondine. The Board may require that any person
authorized to sign checks for the Corporation shall furnish, at the expense of the
Corporation, a fidelity bond in such sum as the Board shall prescribe.
ADOPTED by the initial Board of Directors on September 13, 2005.
Jerry B'ongen, President
Aln4
u�J
Woe O Brien, Secretary
vAw:,, l.R ATF\wnmx rAma'JE=I .YDr A% &Tr, 5vuNV.'1�.fGliUG
Page 27 of 37
AGENDA PACKET 24
AGENDA ITEM #2.E.
EXTENSION TO CONTRACT WITH GILLESPIE AND ASSOCIATES FOR
PROFESSIONAL LEGISLATIVE LOBBYING SERVICES
CONTRACT EXTENSION: It is the intent of this document to formalize an agreed-upon
two year extension to the Contract for Professional Legislative Lobbying Services (the
"Contract") between the CITY OF KODIAK (the "City") and GILLESPIE & ASSOCIATES,
dated January 1, 2015.
WHEREAS, the Contract provides for the Contractor to provide legislative lobbying
services to the City for a term expiring on December 31, 2015; and
WHEREAS, the Contract provides for an option to extend services for two additional
years upon agreement from both parties; and
WHEREAS, the City Council of the City desires to extend the term of the Contract for an
additional two years from the date hereof, and the Contractor has agreed to such an extension.
NOW, THEREFORE, the parties agree as follows:
Section 4, Term of the Contract is extended as follows:
4. Term. This Contract shall be extended for two
years, from January 1, 2016, through December 31, 2017, per
Section 1.01, Term and Payment of the Contract, based on mutual
consent.
All other terms and provisions of the Contract, as previously amended, shall remain
unchanged.
DATED as of the date set forth above.
CITY OF KODIAK
Aimde Kniamzi&dskiV Manager
GI,LL�ESPIE & ASSOCIATES
/ Ra illespie, Principal
Page 28 of 37
AGENDAPACKET 25
AGENDA ITEM #2.E.
Professional Services Agreement No. 218110
Between
The City of Kodiak
and
Ray Gillespie, d.b.a. Gillespie & Associates
THIS CONTRACT is between the City of Kodiak, hereinafter referred to as "City," an
incorporated municipality in the State of Alaska, and Ray Gillespie, d.b.a. Gillespie and
Associates, hereinafter referred to as "Consultant," a private consulting firm with its principal
place of business in Anchorage, Alaska.
1. TERM AND PAYMENT
1.01 This contract shall be effective on January 1, 2015, and continue through
December 31, 2015, with an additional two-year extension upon agreement of
both parties.
1.02 The City shall pay the Consultant the sum of forty-eight thousand seven hundred
thirty-five dollars ($48,735) annually in equal monthly installments of four
thousand sixty-one dollars and twenty-five cents ($4,061.25), plus authorized
expenses for the services outlined in this agreement. Payment shall be rendered
monthly in arrears upon receipt of billing and report. Authorized expenses shall
include the APOC registration fee of $250 for 2012 and beyond; travel , food, and
ledging associated with City required travel; and copying and duplication services
performed by out of office suppliers. These expenses will be invoiced monthly
and documented to the City's satisfaction.
2. CONTRACT SERVICES
2.01 The Consultant shall perform those professional services described in Appendix
A, Scope of Work, which is attached and incorporated by reference.
2.02 The Consultant will be in Juneau for an appropriate amount of time to effectively
represent the City in the Legislative session.
3. TERMINATION
Either party may terminate this contract, for cause or convenience, upon thirty (30) days
written notice to the other. Notice shall be deemed to have been fully given or made or
sent when made in writing and delivered in person or deposited in the United States mail,
certified and postage prepaid, and addressed to the respective addresses set forth above
the signatures of this agreement. The address to which any notice, demand, or other
writing may be given or made or sent to any party may be changed by written notice
given by such party as above provided.
4. RELATIONSHIP OF THE PARTIES
It is understood the Consultant will lobby on issues of identified concern to the City.
Gillespie & Associates Page 1 of 3
Professional Services Agreement No. 21$110
January 1, 2015, to December 31, 20 145
Page 29 of 37
AGENDA PACKET 26
AGENDA ITEM #2.E.
5. PERMITS, LAWS, AND TAXES
5.01. The Consultant shall acquire and maintain in good standing all permits, licenses,
and other entitlements necessary to the performance of his duties under this
contract. All actions taken by the Consultant under this contract shall comply with
all applicable statutes, ordinances, rules, and regulations imposed by the
governmental authority.
5.02 The Consultant shall pay all taxes pertaining to performance of this agreement.
The Consultant expressly agrees to comply with all requirements of AS 24.45.011
through 24.45.181 and any administrative regulations issued by the State of
Alaska to implement those provisions of law.
6. INSURANCE
During the term of this contract, the Consultant shall provide and maintain, at the
Consultant's own expense, automobile liability insurance for any vehicle owned and
operated by the Consultant in connection with performance of this contract.
ASSIGNMENTS
The Consultant may not assign his interest in this contract to another person or delegate
any duties under this contract without prior written approval of the City. Any attempt by
the Consultant to assign any part of his interest or delegate duties under this agreement
shall give the City the right to terminate this contract.
City of Kodiak
710 Mill Bay Road
Kodiak, AK 99615
a1
Aimee owski, City Manage
�Itl�..lJtk
ATTEST: JJ
Debra L. Marlar, City Clerk
Gillespie & Associates
Professional Services Agreement No. 218110
January 1, 2015, to December 31, 20111
Gillespie & Associates
1231 W. Northern Lights Blvd., #819
Anchorage, AK 99503
nRa ill spie, Principal
Page 2 of 3
Page 30 of 37
AGENDA PACKET 27
AGENDA ITEM #2.E.
EXHIBIT "A"
SCOPE OF WORK
The Consultant shall communicate directly or through Consultant's agents with any appropriate
public official for the purpose of influencing Legislative or Administrative action as directed or
requested by the City, and in the best interests of the City.
In this regard the Consultant shall:
A. Receive guidelines for lobbying efforts from the City Council through the Mayor and
City Manager and work within such guidelines to promote, advocate, support, modify,
oppose, or delay any appropriate Legislative or Administrative action. Modifications to
these guidelines may be made from time to time by the City.
B. Communicate with the Mayor and City Manager for the purpose of acquiring
information, statistics, studies, and analyses to use as back-up and support material in
support of Consultant's lobbying activities.
The Consultant will be called upon to arrange meetings and/or conferences, provide information
and/or research, and provide such other services as required or convenient to enhance
communication between the City and all branches of the State Government.
The Consultant shall provide reports and professional advice to the City regarding Consultant's
lobbying efforts on behalf of the City. In this regard the Consultant shall:
A. Maintain regular contact with the City through the Mayor and Manager on the status
of pending legislation or capital projects and regularly promote the City's interests
with appropriate legislators, agencies, and staff throughout the year, but especially
during the legislative sessions..
B. Provide written monthly reports to the City during the session and as requested or
needed during the interim, and such reports shall include, but shall not be limited to,
contacts and progress made on behalf of the City, changes in the status of capital
project funding requests, legislation of interest to the City, and any anticipated
problem areas of which the Consultant becomes aware.
C. Travel to Kodiak to meet with the Mayor, Council, and City staff once each year.
D. Work in conjunction with the Kodiak Island Borough's state lobbyist on matters of
interest or concern to both governments when directed by the City.
E. Exercise best professional judgment in all matters relating to work for the City and
immediately report any position or action taken which involves an area of uncertainty
or controversy.
Gillespie & Associates
Professional Services Agreement No. 218110
January 1, 2015, to December 31, 201 tr
Page 3 of 3
Page 31 of 37
AGENDA PACKET 28
I
AGREEMENT FOR LOBBYING SERVICES BETWEEN
KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES
Hickey & Associates (hereinafter the "Contractor") agrees to represent the Kodiak Island
Borough (hereinafter the "Borough") from January 1, 2017 through December 31, 2018.
2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature
and State Administration. Representation will be focused on the various projects and
issues the Borough will have before the Legislature and administrative agencies of the
State of Alaska. Borough representatives will assist with representation as appropriate on
any legislative or agency issues.
3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr.
Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least
once each year during the term of the contract at a mutually agreeable time.
4. The firm will provide the Borough Manager with regular updates by phone with the
progress of the Borough's projects during the term of this contract. A monthly, written
status report during session and supplemental written reports during the interim, as events
warrant, is required. When representatives of the Kodiak Island Borough travel to
Juneau, a schedule of appointments in advance of the travel date is to be provided.
5. Kodiak Island Borough priorities for this agreement are the following items:
A. Representation of all Kodiak Island Borough issues and concerns before legislative
bodies and administrative agencies of the State of Alaska.
B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution
of the Assembly.
6. The fixed fee for the above services will be $45,000 per year, or a total of $90,000 for the
contract period. $33,000 of the annual fee will be payable on the first of the month
during the six months of the session (January through June). The remaining $12,000 will
be payable on a quarterly basis for the last two quarters of the year (September I and
December 1). Extraordinary out-of-pocket expenses defined as direct expenses for
borough -directed travel and major entertainment/meal expenses shall be reimbursed over
and above the fixed fee and must be approved in advance by the KIB Manager. The
Contractor will pay for the annual trips required under paragraph #3 above.
The parties agree the contract may be terminated by either party with or without cause, by
providing the other party with a written notice of 30 (thirty) days. If the Borough
terminates this agreement and termination falls between scheduled payment dates, the
Contractor shall be compensated on a pro -rated basis.
Page 32 of 37
AGENDA PACKET 29
This agreement constitutes the full agreement between the parties.
KODIAK ISLAND BOROUGH
ichael Powers, Borough Manager
I I6
Datil
V
AGENDA ITEM #2.E.
HICKEY & ASSOCIATES
Mark S. Hickey, President
11/3116
Date
M. Jav'er CM(y, Borough Clerkp,ND 80Ro
°31
"" -50-
Page 33 of 37
AGENDA PACKET 30
FV,? of)L/ . /. I r
ANCHORAGE OFFICE _ }ROBERTSON; MONAGLE &:EASTAUGH
f 100 WEST BENSON BLVD, SUITE 315
ANCHORAGE ALASKA 99503 A PROFESSIONAL CORPORATION
PHONE: (W7) 277.8E93.:: ATTOR.NEYB AT LAW
FACSIMILE: (037) 2741959
LEROY J. BARKER
LG.BERRY
JULIA a. BOCKMON
STACY K. STEINBERG
WASHINGTON, D.C. AND VIRGINIA OFFICE
ARLINGTON COURTHOUSE PUVA II
2390 CLARENDON SLVO., SURE 1010
ARLWGTON, VIRGINIA 22201
PHONE: (703) 5 74414
FACSIMILE: (7031 SV-0QI
•• STEVEN W. SILVER
CARLWWINNER
• BRADLEY D. GILMAN
• RICK E. MARKS
August 24, 2007
Rick Gifford, Borough Manager
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615
Dear Rick:
-' GOLDBELT PLACE. SUITE 300
801 WEST 1074 STREET
PO.BCI
JUNEAU, ALASKA 99802
PHONE: (907) 588.3310
FACSIMILE: (037) 5"IS
ROYAL ARCH GUNNISON (1873.1918)
R.E. ROBERTSON (ISW 1981)
M.E. MONAGLE (1902.1985)
F.O. EASTAUGH (1913.1992)
JAMES F. CLARK
PAUL M. KOFFMAN
ROBERT P. BLASCO
TERRY LTHURBON
RUTH R. HAMILTON
wLm90mvltwlnu•
AND ALASKA
ADYRiED INNRGIMA •'
wAsnm9ron. Dc. AND ALISKA
IN
ALLoiNER9AU A
IN LASIU
NION LAWT ,PflDfE59 L•
This letter sets forth the terms between the Kodiak Island Borough and Robertson,
Monagle, & Eastaugh that have been in effect for the last ten years, as follows -
0 This term of this agreement is month-to-month. Either party may cancel the
agreement upon thirty days notice to the other party.
The Borough defines its own Federal agenda, which is communicated to
Robertson, Monagle, &.Eastaugh by the Borough Manager of other designated
Bnrongh offc!xi. This i,enda is norn.vi ly develoned via Borough :esolntion in
the December -February timeframe. The Borough is permitted,. however, to add
projects at any time during the calendar year.
• We submit an invoice at the end of each month. Such bill shall be due and
payable within thirty days.
• The retainer has been $2250 per month for many years. We cover traditional
business costs within this amount (fax, copying, cab .fare). The costs of required
travel outside of the D.C. area will be extra and added to the following month's
invoice. Any outside travel must meet with the prior approval of the Borough. A
good example of outside travel is a Borough request to us to travel to Kodiak to
--•fAeet-u," Assembly.
AUG 2 8 2007
I I Page 34 of 37
1AGENhR*AkAPER 31
AGENDA ITEM #2.E.
As always, Robertson, Monagle, & Eastaugh sincerely appreciates the
longstanding relationship it has enjoyed with the Kodiak Island Borough.
Sincerely,
Brad Gilman
Vice President
Robertson, Monagle, & Eastaugh
Page 35 of 37
AGENDA PACKET 32
NASHINGTON, D.C. AND
WRGINlAOFFICE
AMINMON CMF-• US. PLATA II
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• BRADLEY D CILA
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ANC HORA4:E OFFICE
u118 AW)" STREET. N23
ANCIIOPAGP.. ALM" WY 31N
PHONE.;Eir "44'm
MAMe,E 007) V9 IM
L.G. BERRY
HOFFNUN SILVER GILMAN & BLASCO P.C.
August 4, 2010
A PROFESSIONAIXORPORATION
ATTORNF.Ys AT I. AN'
WASHINGTON, D C. AND VIRGINIA
Almee Kniaziowski
City Manager
City of Kodiak
710 Mill Bay Road, Rm 216
Kodiak, AK 99615
Dear Aimee
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AGENDA ITEM #2.E.
JUNEAU 011 It I
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This letter sets forth the terms between the City of Kodiak and Hoffman, Silver,
Gilman & Blasco PC (formerly known as Robertson, Monagle, & Eastaugh)-
9 The teI'm of this agreement is month-to-month. Either party may cancel the
agreement upon thirty days notice to the other party.
a The City of Kodiak defines its own Federal agenda, which is communicated to us
by the City Manager, the City Clerk, or other designated City official. Kodiak
has authority to add projects or issues to the Firm's workload at any time during
the calendar year,
D file Firm submits an invoice at the end of each month. Such bill shall be due
arid payable within thirty days.
o The retainer is $2350 per month. We coverall local costs within this retainer.
The costs of required travel outside of the D.C. area are extra and are added to
the following month's invoices. Any outside travel at the City of Kodiak's
expense must be approved in advance by the City Manager,
Page 36 of 37
AGENDA PACKET 33
AGENDA ITEM #2.E.
Hoffman, Silver, Gilman & Blasco appreciates the longstanding relationship we have
enjoyed with the City of Kodiak.
Sincerely,
Brad Gilman
Vice President
Hoffman, Silver, Gilman & Blasco
Page 37 of 37
AGENDA PACKET 34