1996-31A Appointing a Hearing Officer in Approving a Dispute Resolution Procedure.KODIAK ISLAND BOROUGH
RESOLUTION NO. 96-31A
Introduced by: Mayor Selby
Requested by: Borough Attorney
Drafted: Borough Attorney
Introduced: 01/16/97
Amended: 01/16/97
Adopted: 01/16/97
A RESOLUTION APPOINTING A HEARING EXAMINER AND APPROVING
A DISPUTE RESOLUTION PROCEDURE
WHEREAS, Kodiak Island Borough, as owner of Peterson Elementary School, and
MKB Constructors, J.V. entered into a contract for renovation of Peterson Elementary
School; and
WHEREAS, certain disputes developed between the parties culminating in the filing
of a lawsuit by MKB Constructors, J.V. against the Kodiak Island Borough in the
United States District Court for the District of Alaska, Case No. A95 -0301 CV (JKS);
and
WHEREAS, Judge James K. Singleton, Jr. has ordered the parties to comply with the
dispute resolution provisions of their contract, which are set forth in section 00706
of the contract and which state in pertinent part: "The decision of the Contracting
Officer shall be final and conclusive unless, within 30 days from the date of receipt
of such copy, the Contractor mails or otherwise furnishes to the Kodiak Island
Borough Assembly a written appeal. The Notice of Appeal shall include specific
exceptions to the Contracting Officer's Decision, including specific provisions of the
contract relied upon... The decision of the Kodiak Island Borough Assembly shall be
rendered within 120 days of the Notice of Appeal. "; and
WHEREAS, MKB Constructors, J.V. filed an appeal on October 7, 1996; and
WHEREAS, the parties' contract does not set out the appellate procedure to be
followed by the Kodiak Island Borough Assembly; and
WHEREAS, the Kodiak Island Borough Assembly wishes to set forth an appellate
process for the benefit of all parties;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: The Kodiak Island Borough Assembly appoints Stanton P. Beck, Esq. to
act as Hearing Examiner in the matter of a dispute between Kodiak Island Borough
and MKB Constructors, J.V.
Section 2: The Hearing Examiner shall be provided with the following: (1) all
Kodiak Island Borough, Alaska Resolution No. 96 -31A
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documents disclosed in Case No. A95 -0301 CV (JKS), including Kodiak Island
Borough's Peterson Elementary School files; MKB Constructors, J.V.'s Peterson
Elementary School files; and materials obtained by counsel for Kodiak Island Borough
from GDM, Inc., the project architects; (2) all depositions taken in Case No. A95-
0301 CV (JKS); and (3) all discovery responses in Case No. A95 -0301 CV (JKS).
Section 3: A hearing shall be held before the Hearing Examiner in early Md rutI �
Seattle. The Hearing Examiner shall preside at the hearing. Each party shall prepare
a brief setting forth its arguments and evidence and shall submit its brief to the
Hearing Examiner and to the opposing party prior to the hearing. At the hearing, each
party shall have the opportunity to present its position in a manner to be prescribed
in advance by the Hearing Examiner. In addition, the Hearing Examiner may conduct
such other procedures as he deems advisable, including requesting the submission
of additional evidence and visiting Peterson Elementary School with representatives
of each party.
Section 4: The Hearing Examiner shall make recommended findings of fact and
conclusions of law based upon his review of the record, the briefs and presentations
of the parties, and such additional evidence as may be gathered through other
procedures the Hearing Examiner deems advisable. The Hearing Examiner shall
provide his recommended findings and conclusions to the Kodiak Island Borough
Assembly on or before April 17, 1997. The Kodiak Island Borough Assembly shall
take up the Hearing Examiner's recommendation and issue its final decision at its
regular meeting on May 1, 1997.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF JANUARY, 1997
w 7C ; 2-A
onna F. Smith, CMC /AAE, Borough Clerk
KODIAK ISLAND BOROUGH
Je
me M. Selby, Bor
Robin Heinrichs, Presiding Officer
Kodiak Island Borough, Alaska Resolution No. 96 -31A
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