2010-01-14 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, January 14, 2010, 7:30 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)
ITEMS FOR DISCUSSION
1. Presentation of Proposed Solid Waste Collection System
2. Code of Ethics
3. Legal Services RFP
4. Coastal Climate Compact 9 -16 -09
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2010 -01A Amending Ordinance No. 2010 -01 Fiscal Year 2010 Budget by
Amending Budgets to Account For Various Revenues That are Over Budget, Provide for
Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between
Projects.
Ordinance No. FY2010 -06 Amending the Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel, Repealing Chapter 2.135 Arts Council Advisory Committee.
UNFINISHED BUSINESS — None.
NEW BUSINESS
CONTRACTS
Contract No. FY2010 -27 Island -Wide Transportation Feasibility Study
RESOLUTIONS
Resolution No. FY2010 -22 Supporting Senior Citizens of Kodiak, Inc. Legislative Capital
Requests.
Resolution No. FY2010 -23 Adopting the Kodiak Island Borough Strategic Plan for the Years
2010 -2014.
ORDINANCES FOR INTRODUCTION — None.
OTHER ITEMS — None.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
ON- LEAVE:
Branson — January 13- February 3
Jerome — January 25 -26 AML
Javier — January 1 -15 (Personal /Conference)
2 MAYOR'S DRAFT
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8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
9 TITLE 2 ADMINISTRATION AND PERSONNEL BY RENAMING CHAPTER 2.35
10 CONFLICT OF INTEREST TO CODE OF ETHICS, REPEALING OLD
11 SECTIONS 2.35.010 AND 2.35.020 AND INSTITUTING NEW SECTI R 2.35.010 TO 2.35.100
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13 WHEREAS, members of the assembly wish to establish a more rehensive ethics code that
14 declares the high moral and ethical standards of public official
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16 WHEREAS, it is declared that holding public office or , proyment i °' #ublic trust and the
17 people require public officials to adhere to a code of e
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19 NOW, THEREFORE, BE IT ORDAINED BY SSEM Y OF THE ISLAND
20 BOROUGH THAT:
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22 Section 1: This ordinance is of a general and permanent r e and shall become a part of the
23
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25 Section 2: This ordinance amends Title 2 • and Per f =1 Chapter 2.35 Conflict Of
26 Interest by Renaming Chapter 5 Co ` n ntere : o Code of Ethics, Repealing
27 Old Sections 2.35.010 and 2. ;„02!� n• £�,�
g New Sections 2.35.010 to
28 2.35.100 as f
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30 Chapte .35
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32 Sections:
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Kodiak Island Borough
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2010 -XX
Introduced by: KIB Assembly
Requested by: KIB Assembly
Drafted by: Borough Clerk
Introduced: XX/XX/200X
Public Hearing:
Adopted:
Kodiak Island Borough Cod rdinances; and
DE OF ETHICS
Ordinance No. FY200X -XX
Page 1 of 5
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58 rty §2.18.010].
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64 57 1984; Ord. 79 11 0, 1079. Formorly §2.18.020].
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68 Sections:
69 2.35.010 Declaration of policy.
70 2.35.020 Scope of code of ethics.
71 2.35.030 Misuse of official position.
72 2.35.040 Gifts.
73 2.35.050 Improper use or disclosure of information.
74 2.35.060 Improper representation.
75 2.35.070 Disclosures of conflicts by municipal officers othefrn employees.
76 2.35.080 Actions voidable.
77 2.35.090 Criminal sanctions additional.
78 2.35.100 Definitions.
79
80 2.35.010 Declaration of p
81 It is declared that hghi and ethical standards amotig municipal officers of the borough
82 are essential to the eruct of fr governmentnd that the assembly believes that a code of
83 ethics for the guide municipal officers will urage those officers to act in the public
84 interest. This will improve dat public sery and will promote and strengthen the faith
85 and confidence of the peop r municipal officers.
86 It is fu that Ping public e or employment is a public trust and that the
87 people regfUire municipal officers 10 There to a code of ethics.
88
89 2.35.1 ope of code o
90 A. The-` assembly affirms at each municipal officer holds office as a public trust, and any
91 effort to ben el substantialrsonal interest or a substantial financial interest through official
92 action is a viol g .of that trust. The public trust and this chapter do not prohibit an officer from
93 following indepen , so long as those pursuits do not interfere with the full and faithful
94 discharge of an offic lic duties. The assembly further recognizes that:
95 1. In a repre tative democracy, the representatives are drawn from society and,
96 therefore, cannot and should not be entirely without personal and financial interests in the
97 decisions and policies of government;
98 2. Citizens who serve as municipal officers retain their rights to interests of a personal or
99 financial nature; and
100 3. Standards of ethical conduct for municipal officers need to distinguish between those
101 inconsequential conflicts which are unavoidable in a free society, and those which are
102 substantial and material.
103 B. There is no violation of this code of ethics if, as to a specific matter, a municipal officer's:
104 1. Personal or financial interest in the matter is insignificant, or of a type that is possessed
105 generally by the public or a large class of persons to which the municipal officer belongs;
2.35.020 Definitionc.
Chapter 2.35
CODE OF ETHICS
Kodiak Island Borough, Alaska Ordinance No. FY200X -XX
Page 2 of 5
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2. Action or influence would have an insignificant or conjectural effect on the matter; or
3. Action consists of voting in favor of introduction of an ordinance.
C. In order for the rules governing conduct to be respected both during and after leaving
public service, the code of ethics must be administered fairly without bias or favoritism;
D. No code of ethics, however comprehensive, can anticipate all situations in which violations
may occur nor can it prescribe behaviors that are appropriate to every situation; in addition, laws
and regulations regarding ethical responsibilities cannot legislate morality, eradicate corruption,
or eliminate bad judgment; and
E. Compliance with a code of ethics is an individual responsibility; thus all who serve the
borough have a solemn responsibility to avoid improper conduct and prevent improper behavior
by colleagues and subordinates.
F. The borough attorney shall be guided by this section when is •pinions and reaching
decisions.
2.35.040 Gift
A. No
benefit
or of
to in ue
any officia
ether in th
• e under circu
e officer in th
n by the offi
se
or d
er
2.35.050 Impro
A. A municipa
reason of, the officer
the officer or the office
2.35.030 Misuse of official position.
A. A municipal officer may not use, or attempt to use, a •fficial on in order to gain a
benefit, and may not intentionally secure for, or grant to, a perso arranted benefits,
treatment, or advantage.
B. A municipal officer may not:
1. Seek other employment or contracts through the use or attempted use , - powers of
official position;
2. Accept, receive, or solicit compensation for the performance
responsibilities from a person other tha the borough;
3. Use borough time, property, •ment, or other facilities secure a
benefit;
4. Take or withhold official action in �: -ct a matter in which the municipal officer
has a substantial personal or financial intere
5. Attempt to affect a personal or fina � " res coercion of a subordinate; or
6. Restrict, or threaten to restrict, a co ctor's elig ity or opportunity to contract with
the borough solely in order to secure an unwarr ed advantage for the borough or the officer.
C. An assembly member or member of any •` : rd or commission may not deliberate or vote
on any matter in which the member has a substant - rsonal or financial interest.
with
of official duties or
intent to
er shall, directly or indirectly, solicit or accept any gift to the officer's
of money, service, loan, travel, entertainment, hospitality, promise,
ces in which it could reasonably be inferred that the gift is intended
rformance of the officer's official duties or constitutes a reward for
losure of information.
y not disclose or use information gained in the course of, or by
al duties for the purpose of affecting a personal or financial interest of
immediate family member.
B. A municipal o cer shall not disclose confidential information concerning the documents,
property, government, or affairs of the borough unless authorized or required by law to do so.
C. This section does not apply to information concerning programs or services available to
the public or to borough employees generally.
2.35.060 Improper representation.
A. A municipal officer may not represent, advise, or assist another person in any matter
pending before the agency that the officer services, if the representation, advice or assistance is:
1. For compensation, unless the representation, advice, assistance, and compensation
are required by statute, regulation, or court rule; or
Kodiak Island Borough, Alaska Ordinance No. FY200X -XX
Page 3 of 5
160 2. Without compensation, but rendered to affect a personal or financial interest of the
161 municipal officer.
162 B. The borough mayor or any borough assembly member shall not falsely represent
163 themselves as being the official authorized spokesperson for the borough assembly on a given
164 issue.
165
166 2.35.070 Disclosures of conflicts by municipal officers other than employees.
167 A. A municipal officer other than an employee, who is involved in a matter that may result in a
168 violation of this chapter, shall disclose the matter on the public record and ask to be excused
169 from the discussion and official action on that matter.
170 B. A municipal officer, prior to comment, deliberation or decision • a matter coming before
171 the body, shall disclose any personal or financial interest in the ma I ding the personal or
172 financial involvement of an immediate family member.
173 C. The nature of the personal or financial interest shall • • •sed in sufficient detail to
174 permit the other members of the body to determine if the i• est •stantial. It shall be the
175 duty of a municipal officer to disclose and identify sufficient fa and ci . tances to permit the
176 body to exercise its judgment in an informed manner.
177 D. The presiding officer shall determine whether the municipal officer' ' Ivement would
178 violate this chapter. If the presiding officer determines that a violation would ex! • municipal
179 officer continues to participate, the officer shall refrain from voting, deliberating, o . rticipating in
180 the matter.
181 E. The presiding officer's decision
182 Determination of whether a personal orancial interest is substantial shall be made by the body
183 on a case -by -case basis.
184 F. The body may in its sole discretion � nxi rticipation or divide the question to avoid a
185 conflict on the whole.
186 G. The body shall be the final authorit
187 disclosed is substantial under this chapter. [CI r " ote Th ction covers the provisions in AS
188 29.20.010.]
189
190 2.35.080 Actions voidable.
191 A. In addition to any other penalty provided law, a borough grant, contract, or lease
192 entered into in violation of this chapter is voidable •y the borough. In a determination under this
193 section of whether to void a grant, contract, or lease, the interests of third parties who could be
194 damaged may be taken into account. The borough attorney shall give notice of intent to void a
195 borough grant, contract, or lease under this section no later than 30 days after a determination of
196 a violation under this chapter.
197
198 2.35.090 Criminal sanctions additional.
199 To the extent that violations under this chapter are punishable in a criminal action, the
200 criminal penalty is in addition to the civil remedies set out in this chapter.
201
202 2.35.100 Definitions.
203 The following words, terms and phrases, when used in this chapter, shall have the following
204 meanings ascribed to them, except where the context clearly indicates a different meaning:
205 "Agency" means the body, a department, the borough manager's office, or other entity in or
206 of the government of the borough, including the school district, and all boards and commissions.
207 "Benefit" means anything that is to a person's personal or financial interest.
208 "Board, body, or commission" means a board, commission, committee, council, task force, or
209 other body or sub - committee thereof, created by charter or the Kodiak Island Borough Code, or
210 by the body, the mayor or the borough manager. The school board, elected by the public, is not
211 a "board" of the borough body for purposes of this title.
212 "Borough" means the Kodiak Island Borough.
may be overridden by a majority vote of the body.
rsonal or financial interest as
Kodiak Island Borough, Alaska Ordinance No. FY200X -XX
Page 4 of 5
213 "Business" means a corporation, company, firm, partnership, sole proprietorship, trust or
214 foundation, or any other individual or entity carrying on a business, whether operated for profit or
215 not for profit.
216 "Compensation" means any money, thing of value, or economic benefit conferred on or
217 received by a person in return for services rendered or to be rendered by the person for another.
218 "Financial interest" means any interest, other than securities traded on a national exchange,
219 held by an officer or an immediate family member, including involvement or ownership of an
220 interest in a business, property, or a professional or private relationship, from which the person
221 as received or expects to receive compensation.
222 "Immediate family member" means a municipal officer's spouse, minor children and
223 dependents, a regular member of the officer's household, or parent.
224 "Official action" means a recommendation, decision, approval, disapproval, vote, or other
225 similar action, including inaction, by a municipal officer.
226 "Organization" means a group, association, society, political party, or other entity made up of
227 two or more persons, whether operated for profit or not for profit.
228 "Parent" means a biological parent, an adoptive pa;t, or a stepparent of the municipal
229 officer.
230 "Person" means a natural person, a business, or e ``'organization.
231 "Personal interest" means an interest other a fin. ±cial interest, and includes any
232 material advantage in the form of a promise s ; , priv ' e, exemption, patronage, or
233 advancement. A municipal officer shall be deemed to • e nal interest in the affairs of
'`'
234 any person, other than any not for profit organization, if icer owes a fiduciary �. duty to that
235 person.
236 "Public employee" and "employee" mean a permanent, pro ary seasonal, temporary, or
237 provisional employee of the borough..
238 "Municipal officer" and `officer" mean:
239 "Municipal officer" and `officer" mean:
240 1. Mayor;
241 2. An assemb
242 3. A membe
243 4. Manag ,
244 5. A municipal e
245 "Municipal officer other tha
246 1. Mayor;
247 2. An assembly membe ,
248 3. A member or member- • : - of a board or commission; and
249 4. Manager, administrative o - I, clerk, or attorney.
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258 ATTEST: Jerome M. Selby, Borough Mayor
ADOPTED BY THE BODY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2010
259
260
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262 Nova M. Javier, MMC, Borough Clerk
ignate of a board or commission;
fficial, clerk, or attorney; and
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Ordinance No. FY200X -XX
Page 5 of 5
CORRECTED VERSION
Kodiak Is%rndBorough
OFFICE of the MLIANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9301 Fax (907) 486 -9374
THE KODIAK ISLAND BOROUGH
IS SOLICITING PROPOSALS FOR
General Counsel Legal Services
RELEASE DATE:
DEADLINE FOR SUBMITTING QUESTIONS: @ p.m•
DEADLINE FOR SUBMISSION AND OPENING DATE & TIME: @ p.m.
Proiect Abstract:
General Counsel legal services are being sought by the Kodiak Island Borough.
The actual RFP document consists of _ pages.
For additional information, please contact:
Meagan Christiansen, Borough Manager's Office
(907) 486 -9303
See Part 8, for instructions on submitting proposals.
Use this page as the first page of the proposal.
See Part 11, Submission Checklist.
Company Name Contact Person
Address City State Zip
Telephone ( ) Fax ( )
Federal Tax ID No.
E -Mail Address:
I have read, understand, and agree to all terms and conditions herein. Date
Signed Print Name & Title
Kodiak Island Borough RFP for General Counsel Legal Services Page 1
CORRECTED VERSION
TABLE OF CONTENTS
1. Overview of Project
2. Acronyms /Definitions
3. Scope of Services
4. Statement of Qualifications and Requirements
5. Company Background and References
6. Cost
7. Payment
8. Submittal Instructions
9. Proposal Evaluation and Award Process
10. Terms, Conditions and Exceptions
11. Submission Checklist
Attachment A
Certification of Indemnification and Compliance with terms and condition of RFP primary firm.
Attachment B
Contract Form
Attachment C
Reference Questionnaire
Kodiak Island Borough RFP for General Counsel Legal Services Page 2
CORRECTED VERSION
A Request for Proposal process is different from an Invitation to Bid. Firms are expected to
propose creative, competitive solutions to the agency's stated problem or need, as specified below.
The Borough reserves the right to limit the Scope of Work prior to award, if deemed in the best
interest of the Kodiak Island Borough.
1. OVERVIEW OF PROJECT
The Kodiak Island Borough (hereinafter referred to as the "Borough ") is seeking proposals for general
counsel legal services. It is the intention of the Borough through this solicitation to enter into a contract
with a general counsel that will serve the Borough Assembly and Staff in various capacities. The
Borough reserves the right to enter into contracts with attorneys other than the general counsel should it
be deemed in its best interest. This Request for Proposal (RFP) for general counsel legal services is
restricted to the Borough only and proposals with respect to other agencies or projects shall not be
submitted. Proposals are invited from any State of Alaska licensed attorney -at -law or law firm. Firms
must be qualified to represent the Borough in all State of Alaska Courts, U.S. District Court, and before
the Ninth Circuit Court of Appeals. Per Kodiak Island Borough Code 3.30.060, this RFP is subject to
local bidder preference.
2. ACRONYMS/DEFINITIONS
For the purposes of this RFP, the following acronyms /definitions will be used:
AAC Alaska Administrative Code
A warded Firm The organization/individual that is awarded and has an approved contract
with the Kodiak Island Borough for the services identified in this RFP.
Borough The Kodiak Island Borough and any agency identified herein.
Borough Staff Any Kodiak Island Borough department head or their designee.
Department Any Kodiak Island Borough department including, but not limited to the
Manager's Office, Office of the Borough Clerk, Assessing, Finance,
Engineering/Facilities, and the Community Development Department.
Evaluation Committee • = Borough Assembly will to
evaluate and score proposals submitted in response to the RFP pursuant to
Borough Code 3.30.110.
Firm The firm/organization/individual submitting a proposal in response to this
RFP.
Independent Counsel Third party, not directly employed by the firm, who will provide services
identified in this RFP. This does not include third parties who provide
support or incidental services to the firm.
May Indicates something that is not mandatory but permissible.
RFP Request for Proposal - a written statement which sets forth the
requirements and specifications of a contract to be awarded by competitive
selection under Borough Code 3.30.110.
Kodiak Island Borough RFP for General Counsel Legal Services Page 3
CORRECTED VERSION
Shall/Must
Should
Will Expected or required.
3. SCOPE OF SERVICES
Indicates a mandatory requirement. Failure to meet a mandatory
requirement may result in the rejection of a proposal as non - responsive.
Indicates something that is recommended but not mandatory. If the firm
fails to provide recommended information, the Borough may, at its sole
option, ask the firm to provide the information or evaluate the proposal
without the information.
It is the intention of the Kodiak Island Borough to enter into an agreement with a qualified law firm to
provide general counsel legal services on behalf of the Borough at a fixed hourly rate. The qualified
attorney or firm will provide contract legal services to the Borough and attend Borough meetings
deemed necessary by the Assembly and /or Manager. The Fiscal Year 2010 budgeted amount for legal
services for the Borough was $128,000.
3.1. SERVICES TO BE PROVIDED - The legal services will include, but not be limited to, the
following:
3.1.1. Provide legal counsel per Borough Code 2.65 for the Borough Assembly, Mayor, and the
Borough Staff on issues that routinely come up in normal day to day operation of the
Borough. The Assembly and/or Manager may find that, from time to time, there exist
special circumstances that require outside legal counsel.
3.1.2. Prepare legal documents such as deeds, easements, ordinances, resolutions, and legal
opinions as needed. Provide limited representation in court, negotiate on the Borough's
behalf and handle other legal matters that may arise.
3.1.3 Be reasonably accessible for consultation by the Borough Assembly, Mayor, and
Borough Staff.
3.1.4. To draft opinion letters regarding, among other subjects, the interpretation of the Borough
code, state and federal laws, and policies.
3.1.5. To perform other such duties as may be prescribed for the Borough attorney by ordinance
or by direction of the Assembly and/or Manager.
3.1.6. The Borough attorney must work effectively with the Mayor, Assembly, and Borough
Staff, and also with other public agencies with which the Borough has legal relations.
3.1.7. The Borough attorney will be required to assist with all appeals as provided per Borough
Code.
3.1.8. The Borough attorney may be requested to attend meetings as needed.
3.2 MINIMUM QUALIFICATIONS -- The minimum qualifications required to respond to this
RFP are as follows:
3.2.1. The Borough Attorney must be a member in good standing of the State of Alaska Bar
Association.
Kodiak Island Borough RFP for General Counsel Legal Services Page 4
CORRECTED VERSION
3.2.2. The Borough Attorney must have at least five years professional experience as legal
counsel for an entity such as a city, municipality, borough, or state government.
3.2.3. The Borough Attorney must be experienced and proficient in legal matters affecting the
Borough, to include without limitation, federal and state constitutional law, federal and
state non - constitutional law, Alaska Statute Title 29, and Borough Code.
4. STATEMENT OF QUALIFICATIONS (SOQ) REQUIREMENTS
To achieve a uniform review process, and obtain the maximum degree of comparability, the SOQ
submitted in response to this RFP must be no more than twenty pages in length (excluding letter of
transmittal, resumes, title page(s), index/table of contents, attachments, dividers or other forms, if
required). Please provide the name, address, phone number, fax number, website URL for your firm and
any other firm or firms that you would team with on this matter, together with the name, address, phone,
fax, and email for the person whom the Borough Manger's Office should contact in regard to the RFP. If
you propose to team with another firm, please provide the same information requested in this Statement
for that firm. Please detail each of the following points in your Proposal:
4.1. Table of Contents (clearly identify the materials by section and page number).
4.2 Letter of Transmittal (Limited to two pages).
4.2.1. Briefly state your firm's understanding of the services to be performed and make a
positive commitment to provide the services as specified.
4.2.2. Give the name(s) of the person(s) who are authorized to make representations for your
firm, their titles, address, and telephone numbers.
4.2.3. The letter must be signed by a corporate officer or other individual who has the authority
to bind the firm.
4.2.4. Statement of interest and qualifications which shall, at a minimum address the following
areas:
4.2.5. Firm Organization: The overall organization, activities, experience, and support staff.
4.2.6. Personnel: Resumes of counsel, supervising counsel, paralegals, and other professional
personnel to be assigned to handle legal matters. Legal counsel must be a member in
good standing of the Alaska Bar Association.
4.2.6.1. Detail professional and educational qualifications.
4.2.6.2. Quality, depth and range of experience(s), and expertise with representation of a
small municipal government including the firm's demonstrated experience,
abilities and past performance in handling municipal matters.
4.2.7. Experience: The firm's demonstrated experience, abilities, and past performance in
handling municipal matters — be specific. Please list any other information that relates
directly to the firm's ability to perform the requested services. In particular, the Borough
is interested in:
4.2.7.1. The caseload over the last 10 years in the following areas of law:
4.2.7.2. The level of expertise and professionalism in the following areas of law:
Kodiak Island Borough RFP for General Counsel Legal Services Page 5
CORRECTED VERSION
4.2.7.2.1. Municipal zoning,
4.2.7.2.2. Ordinance prosecution,
4.2.7.2.3. Land use appeals,
4.2.7.2.4. Civil rights,
4.2.7.2.5. Premises liability,
4.2.7.2.6. Public employment labor law,
4.2.7.2.7. Condemnation,
4.2.7.2.8. Pension and tax matters,
4.2.7.2.9. Ordinance drafting,
4.2.7.2.10. Contracts and leases,
4.2.7.2.11. Property taxes,
4.2.7.2.12 Parliamentary Procedures,
4.2.7.2.13 Open Meetings Act,
4.2.7.2.14 Election laws.
4.2.8. References: The names and current telephone numbers of five Alaskan client references
who are familiar with the firm's experience and abilities in the areas described in Section
3. See Attachment C for instructions and the required form.
4.2.9. Methodology: The expected organizational arrangements of the firm and the proposed
method of performing the defined services. Such description should include, at a
minimum, identification of principal counsel, supervising counsel and staff to be assigned
to particular matters, identification of available administrative resources, and the general
workflow.
4.2.10. Conflicts: A list of all matters and/or cases where the firm currently represents an
individual or entity with interests adverse to the Borough.
5. FIRM BACKGROUND AND REFERENCES
5.1. PRIMARY FIRM INFORMATION - Firms must provide a company profile. Information
provided shall include:
5.1.1. Company ownership. If incorporated, the state in which the company is incorporated and
the date of incorporation. An out -of -state firm must be duly qualified to do business in the
Kodiak Island Borough.
5.1.2. Disclosure of any alleged significant prior or ongoing contract failures, contract breaches,
any civil or criminal litigation or investigation pending which involves the firm or in
which the firm has been judged guilty or liable. This is a mandatory disclosure.
5.1.3. Location(s) of the company offices and location of the office servicing any Kodiak Island
Borough account(s).
5.1.4. Number of employees both locally and nationally.
Kodiak Island Borough RFP for General Counsel Legal Services Page 6
CORRECTED VERSION
5.1.5. Location(s) from which employees will be assigned.
5.1.6. Name, address and telephone number of the firm's point of contact for a contract
resulting from this RFP.
5.1.7. Company background/history and why firm is qualified to provide the services described
in this RFP.
5.1.8. Length of time firm has been providing services described in this RFP to the public
and/or private sector. Please provide a brief description.
5.1.9. Has the firm ever been engaged under contract by any state or municipal agency located
within the State of Alaska? [ ] Yes or [ ] No. If "Yes," specify when, for what duties, and
for which agency.
5.1.10. Is the firm or any of the firm's employees employed by the Kodiak Island Borough or by
any other government? [ ] Yes or [ ] No. If "Yes," is that employee planning to render
services while on annual leave, compensatory time, sick leave, or on his own time?
5.1.11. Resumes for key staff to be responsible for performance of any contract resulting from
this RFP.
5.2. REFERENCES - Firms shall provide a minimum of three references from similar clients
performed for private, state and/or large local government clients within the last three years.
Firms are required to submit Attachment C, Reference Form to the business references
they list. The business references must submit the Reference Form directly to the
Borough Manager's Office. It is the firm's responsibility to ensure that the completed forms
are received by the Manager's Office on or before the proposal submission deadline for
inclusion in the evaluation process. Business references that are not received, or are not
complete, will adversely affect the firm's score in the evaluation process. The Kodiak Island
Borough may contact any or all business references for validation of information submitted.
5.3. INDEPENDENT COUNSEL INFORMATION
5.3.1. Does this proposal include the use of independent counsel?
Yes No Unknown If "Yes ", firm must:
5.3.1.1. Identify specific independent counsel to be utilized and the specific requirements
of this RFP for which each proposed independent counselor will perform services.
5.3.1.2. Provide the same information for any proposed independent counsel as requested
in the Primary Firm Information section.
5.3.1.3. References as specified above must be provided for any proposed independent
counsel.
5.3.1.4. The Borough requires that the awarded firm provide proof of payment to any
independent counsel used for this project. Proposals shall include a plan by which
the Borough will be notified of such payments.
6. COST
6.1. Proposals will state the following cost information:
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7. PAYMENT
6.1.1. An hourly cost for services to be provided for each task of the contract.
6.1.2. Travel time costs, if any, including:
6.1.2.1. Cost per hour for travel.
6.1.2.2. Time to travel to one meeting located at 710 Mill Bay Road, Kodiak, AK.
7.1. Payment for the contracted service will be within 30 days upon receipt of invoice and the
Manager's approval of invoice.
7.2. Payment is tied to an hourly rate on an "as needed basis." The Borough generally pays for
services billed on a monthly basis, upon receipt of an invoice and the using department's
verification of services received.
7.3. Firms may propose an alternative payment option; alternative payment options must be listed
on Attachment A of the RFP. Alternative payment options will be considered if deemed in the
best interest of the Borough, project or service solicited herein. The Borough does not issue
payment prior to receipt of goods or services.
8. SUBMITTAL INSTRUCTIONS
8.1. In lieu of a pre - proposal conference, the Kodiak Island Borough will accept questions and/or
comments in writing, received either by mail, facsimile, or e-mail regarding this RFP as
follows:
8.1.1. Questions must reference this RFP and be addressed to the Kodiak Island Borough, Attn:
Manager's Office, 710 Mill Bay Road, Kodiak, AK 99615, faxed to (907) 486 -9374 or e-
mailed to mchristiansen @,kodiakak.us. The deadline for submitting questions is
at p.m., Alaska Time. All questions and/or comments will be
addressed in writing and responses mailed, faxed, or e- mailed to prospective firms on or
about date. Please provide company name, address, phone number, fax number, e-mail
address, and contact person when submitting questions.
8.1.2. Firms shall carefully review this RFP for defects and questionable or objectionable
materials. Firms' comments concerning defects and questionable or objectionable
material in the RFP must be made in writing and received by the Manager's Office not
later than the deadline for submitting questions stated above.
8.2. RFP Timeline
TASK DATE/TIME
Deadline for submitting questions date and time.
Answers to all questions submitted available on or about date and time.
Deadline for submission and opening of proposals date and time p.m.
Evaluation period dates
Final Selection for Interview with Assembly date
Kodiak Island Borough RFP for General Counsel Legal Services Page 8
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Interview of Firms
Selection of firm on or about
date
date
NOTE: These dates represent a tentative schedule of events The Borough reserves the
right to modify these dates at any time, with appropriate notice to prospective firms
8.3. Firms shall submit one original proposal marked "MASTER" and fourteen identical copies to:
Kodiak Island Borough,
Attn: Manager's Office
710 Mill Bay Road
Kodiak, AK 99615
Proposals shall be clearly labeled in a sealed envelope or box as follows:
REQUEST FOR PROPOSAL
General Counsel Legal Services
PROPOSAL OPENING DATE: date
8.4. Proposals must be received at the above - referenced address no later than time p.m.,
Alaska Time, date. Proposals that do not arrive by proposal opening time and date WILL
NOT BE ACCEPTED. Firms may submit their proposal any time prior to the above stated
deadline.
8.5. The Borough will not be held responsible for proposal envelopes mishandled as a result of the
envelope not being properly prepared. Facsimile, e-mail, or telephone proposals will NOT be
considered; however, at the Borough's discretion, a proposal may be submitted all or in part
on electronic media. Proposals may be modified by facsimile, e-mail, or written notice,
provided such notice is received prior to the opening of the proposals. Firms may transmit
proposal modifications by facsimile or email at their own risk.
The Borough will not be responsible for any error or failure in facsimile or email transmission
or receipt.
8.6. If discrepancies are found between two or more copies of the proposal, the master copy will
provide the basis for resolving such discrepancies. If one copy of the proposal is not clearly
marked "MASTER," the Borough may reject the proposal. However, the Borough may at its
sole option, select one copy to be used as the master.
8.7. For ease of evaluation, the proposal should be presented in a format that corresponds to and
references sections outlined within this RFP, and should be presented in the same order.
Responses to each section and subsection should be labeled so as to indicate which item is
being addressed. Exceptions to this will be considered during the evaluation process.
8.8. If complete responses cannot be provided without referencing supporting documentation, such
documentation must be provided with the proposal and specific references made to the tab,
page, section and/or paragraph where the supplemental information can be found.
8.9. Proposals are to be prepared in such a way as to provide a straightforward, concise delineation
of capabilities to satisfy the requirements of this RFP. Expensive bindings, colored displays,
promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on
Kodiak Island Borough RFP for General Counsel Legal Services Page 9
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conformance to the RFP instructions, responsiveness to the RFP requirements, and on
completeness and clarity of content.
8.10 Descriptions on how any and all equipment and/or services will be used to meet the
requirements of this RFP shall be given, in detail, along with any additional information
documents that are appropriately marked.
8.11. The proposal must be signed by the individual(s) legally authorized to bind the firm.
8.12. For ease of responding to the RFP, firms are encouraged, but not required, to obtain an
electronic copy of the RFP. Electronic copies are available on the Kodiak Island Borough
website at www.kodiakak.us.
8.13. Firms utilizing an electronic copy of the RFP in order to prepare their proposals should place
their written response in an easily distinguishable font immediately following the applicable
question.
8.14. For purposes of addressing questions concerning this RFP, the sole contact will be the
Borough Manager's Office. Upon issuance of this RFP, other employees and
representatives of the agencies identified in the RFP will not answer questions or otherwise
discuss the contents of this RFP with any prospective firms or their representatives. This
restriction does not preclude discussions between affected parties for the purpose of
conducting business unrelated to this procurement.
8.15. Any firm who believes proposal requirements or specifications are unnecessarily restrictive or
limit competition may submit a request for administrative review, in writing, to the Manager's
Office. To be considered, a request for review must be received no later than the deadline for
submission of questions.
8.16. The Manager's Office shall promptly respond in writing to each written review request, and
where appropriate, issue all revisions, substitutions, or clarifications through a written
amendment to the RFP.
8.17. Administrative review of technical or contractual requirements shall include the reason for the
request, supported by factual information, and any proposed changes to the requirements.
8.18. If a firm changes any material RFP language, that firm's response may be deemed non-
responsive.
8.19. Firms are cautioned that some services may contain licensing requirement(s). Firms shall be
proactive in verification of these requirements prior to proposal submittal. Proposals, which
do not contain evidence of the firm's possession of the requisite licensure, may be deemed
non - responsive.
8.20. Proposals shall be submitted in two distinct parts - the narrative /technical proposal and the
cost proposal. THE NARRATIVE /TECHNICAL PROPOSAL MUST NOT INCLUDE
COST AND PRICING INFORMATION. While Technical and Cost proposals may be
shipped together (i.e., in the same box/envelope), each proposal, inclusive of the master and
requisite number of copies, must be bound or packaged separately.
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9. PROPOSAL EVALUATION AND AWARD PROCESS
9.1. Proposals shall be consistently evaluated and scored on a 100 point scale in accordance with
Borough Code 3.30.110 based upon the following criteria:
9.1.1. Firm Experience — Experience of the Legal Firm — 10 points
Number of years in the State of Alaska Bar Association; number of years of direct
experience with a government entity; and caseload history as outlined in 4.2.7.2.1
through 4.2.7.2.14.
9.1.2. Fee Structure — Hourly charge to the Borough for legal services — 20 points
Hourly fee(s), travel costs, staff fees, etc. The more reasonable the cost, the higher the
number of points assigned.
9.1.3. Primary Attorney — Experience of the Primary Attorney assigned to the Borough -
25 points
Number of years as legal counsel for a government entity and caseload experience as
outlined in 4.2.7.2.1 through 4.2.7.2.14.
9.1.4. Methodology /Approach — 20 points — Scored twice
The methodology and approach should describe the philosophy that will be used in
representing the Borough. The Firm should highlight the firm's strengths, the strengths of
the primary attorney, and describe the preferred method(s) of communication including
face to face meetings, teleconferencing, or e-mail. The methodology should be described
in sufficient detail to demonstrate familiarity with this type of service and should identify
areas where the firm can add value. The approach should be used to suggest innovations
that can be applied to the services to help make government more efficient.
Firms should also state their philosophy in representing government, and their view of a
proper attorney /client relationship when representing a governmental body consisting of
diverse individuals. This category will be scored twice. Once for each of the written
proposals submitted and then a second time during the interviews of the top three firms.
9.1.5. Communication — 10 points — Scored twice (see below)
Based upon the written proposal of all firms and verbal interview of the top three firms
9.1.6. Single Firm Proposals — 5 points
Although the Borough will consider joint proposals from a combination of two or more
firms, we prefer to contract with a single firm that will provide all of the required legal
services.
Reference Questionnaire Responses — 10 points
Points will be awarded for each reference questionnaire received up to a maximum of
three responses.
Note: Conflict of interest, financial stability, and response from Section 5.1.2. will be
scored on a pass /fail basis.
Proposals shall be kept confidential until a contract is awarded.
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9.2. The evaluation committee may also contact the references provided in response to the section
identified as Company Background and References; contact any firm to clarify any response;
contact any current users of a firm's services; solicit information from any available source
concerning any aspect of a proposal; and seek and review any other information deemed
pertinent to the evaluation process. The evaluation committee shall not be obligated to accept
the lowest priced proposal, but shall make an award in the best interests of the Kodiak Island
Borough (Borough Code 3.30.110).
9.3. Each firm must include in its proposal a complete disclosure of any alleged significant prior
or ongoing contract failures, contract breaches, any civil or criminal litigation, or
investigations pending which involves the firm or in which the firm has been judged guilty or
liable. Failure to comply with the terms of this provision may disqualify any proposal. The
Borough reserves the right to reject any proposal based upon the firm's prior history with the
Borough or with any other party, which documents, without limitation, unsatisfactory
performance, adversarial or contentious demeanor, significant failure(s) to meet contract
milestones or other contractual failures per Borough Code 3.30.080.
9.4. Clarification discussions may, at the Borough's sole option, be conducted with firms who
submit proposals determined to be acceptable and competitive per Borough Code 3.30.110.
Firms shall be accorded fair and equal treatment with respect to any opportunity for
discussion. In conducting discussions, there shall be no disclosure of any information derived
from proposals submitted by competing firms.
9.5. Any award is contingent upon the successful negotiation of final contract terms and upon
approval of the Assembly, when required. Negotiations shall be confidential and not subject
to disclosure to competing firms unless and until an agreement is reached. If contract
negotiations cannot be concluded successfully, the Borough upon written notice to all firms
may negotiate a contract with the next highest scoring firm or withdraw the RFP.
9.6. Any contract resulting from this RFP shall not be effective unless and until approved by the
Borough Assembly.
10. TERMS, CONDITIONS AND EXCEPTIONS
10.1. Performance of the firm may be rated semi - annually following contract award and then
annually for the term of the contract by the using six categories: customer service; timeliness;
quality; technology; flexibility; and pricing. The firm will be notified in writing of its rating.
10.2. In accordance with Borough Code 3.30.060, this request for proposal is subject to the local
firm preference, thus the Borough will reduce the proposal proposed by each local firm by ten
percent before evaluating bid or proposal prices for purposes of contract award. The reduction
authorized is applied only for bid or proposal evaluation, and is not applied to the awarded
contract price. A local firm is a person who holds a current Alaska business license, submits a
proposal under the name which appears on its current Alaska business license, and has
maintained a place of business within the Borough staffed by the firm or an employee of the
firm for a period of at least six months immediately preceding the date of submission of the
proposal.
10.3. This procurement is being conducted in accordance with Borough Code 3.30.
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10.4. The Borough reserves the right to alter, amend, or modify any provisions of this RFP, or to
withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the
best interest of the Borough to do so.
10.5. The Borough reserves the right to waive informalities and minor irregularities in proposals
received.
10.6. The Borough reserves the right to reject any or all proposals received prior to contract award
(3.30.050).
10.7. The Borough shall not be obligated to accept the lowest priced proposal, but will make an
award in the best interests of the Kodiak Island Borough after all factors have been evaluated
(3.30.080).
10.8. Any irregularities or lack of clarity in the RFP should be brought to the attention of the
Borough Manager's Office as soon as possible so that corrective addenda may be furnished to
prospective firms.
10.9. Proposals must include any and all proposed terms and conditions, including, without
limitation, written warranties, maintenance /service agreements, license agreements, lease
purchase agreements, and the firm's standard contract language. The omission of these
documents renders a proposal non - responsive.
10.10. Alterations, modifications, or variations to a proposal may not be considered unless
authorized by the RFP or by addendum or amendment.
10.11. Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
10.12. Proposals may be withdrawn by written or facsimile notice received prior to the proposal
opening time. Withdrawals received after the proposal opening time will not be considered.
Firms may transmit proposal withdrawals by facsimile at their own risk.
The Borough will not be responsible for any error or failure in facsimile transmission or
receipt.
10.13. The price and amount of this proposal must have been arrived at independently and without
consultation, communication, agreement, or disclosure with or to any other firm or
prospective firm. Collaboration among competing firms about potential proposals submitted
pursuant to this RFP is prohibited and may disqualify the firm.
10.14. No attempt may be made at any time to induce any firm or person to refrain from submitting a
proposal or to submit any intentionally high or noncompetitive proposal. All proposals must
be made in good faith and without collusion.
10.15. Prices offered by firms in their proposals are an irrevocable offer for the term of the contract
and any contract extensions. The awarded firm agrees to provide the purchased services at the
costs, rates, and fees as set forth in their proposal in response to this RFP. No other costs,
rates, or fees shall be payable to the awarded firm for implementation of their proposal.
10.16. The Borough is not liable for any costs incurred by firms prior to entering into a formal
contract.
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Costs of developing the proposals or any other such expenses incurred by the firm in
responding to the RFP, are entirely the responsibility of the firm, and shall not be reimbursed
in any manner by the Borough.
10.17. All proposals submitted become the property of the Borough and will be returned only at
Borough's option and at the firm's request and expense. The master copy of each proposal
shall be retained for official files and will become public record after the award of a contract.
If a firm wishes individual pages which contain actual business propriety information to be
held confidential, each page shall be marked and an explanation furnished of its propriety
nature.
In addition to marking individual pages, the proposal cover will also be annotated with the
words "THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION." Confidential
and Proprietary information is not meant to include any information which, at the time of
disclosure, is generally known by the public and/or competitors.
10.18. A proposal submitted in response to this RFP must identify any utilization of independent
counsel, and outline the contractual relationship between the awarded firm and each
independent counsel. An official of each proposed independent counsel must sign, and
include as part of the proposal submitted in response to this RFP, a statement to the effect that
the independent counsel has read and will agree to abide by the awarded firm's obligations.
10.19. The awarded firm will be the sole point of contract responsibility. The Borough will look
solely to the awarded firm for the performance of all contractual obligations which may result
from an award based on this RFP, and the awarded firm shall not be relieved for the
nonperformance of any or all independent counsel.
10.20. The awarded firm must maintain, for the duration of its contract, insurance coverage as set
forth in the Insurance Schedule of the contract form appended to this RFP. Work on the
contract shall not begin until after the awarded firm has submitted acceptable evidence of the
required insurance coverage. Failure to maintain any required insurance coverage or
acceptable alternative method of insurance will be deemed a breach of contract.
10.21. Notwithstanding any other requirement of this section, the Borough reserves the right to
consider reasonable alternative methods of insuring the contract in lieu of the insurance
policies required by the above - stated Insurance Schedule. It will be the awarded firm's
responsibility to recommend to the Borough alternative methods of insuring the contract. Any
alternatives proposed by a firm should be accompanied by a detailed explanation regarding
the firm's inability to obtain insurance coverage as described above. The Borough shall be the
sole and final judge as to the adequacy of any substitute form of insurance coverage.
10.22. Each firm must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. By submitting a proposal
in response to this RFP, firms affirm that they have not given, nor intend to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor, or service to a public servant or any employee or representative of same, in
connection with this procurement. Any attempt to intentionally or unintentionally conceal or
obfuscate a conflict of interest will automatically result in the disqualification of a firm's
proposal. An award will not be made where a conflict of interest exists. The Borough will
Kodiak Island Borough RFP for General Counsel Legal Services Page 14
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determine whether a conflict of interest exists and whether it may reflect negatively on the
Borough's selection of a firm. The Borough reserves the right to disqualify any firm on the
grounds of actual or apparent conflict of interest.
10.23. The Borough will not be liable for Federal, State, or Local excise taxes.
10.24. Execution of Attachment A of this RFP shall constitute an agreement to all terms and
conditions specified in the RFP, including, without limitation, the Attachment B contract form
and all terms and conditions therein, except such terms and conditions that the firm expressly
excludes. Exceptions will be taken into consideration as part of the evaluation process.
10.25. The Borough reserves the right to negotiate final contract terms with any firm selected per
Borough Code 3.30.110(E). The contract between the parties will consist of the RFP together
with any modifications thereto, and the awarded firm's proposal, together with any
modifications and clarifications thereto that are submitted at the request of the Borough
during the evaluation and negotiation process. In the event of any conflict or contradiction
between or among these documents, the documents shall control in the following order of
precedence: the final executed contract, the RFP, any modifications and clarifications to the
awarded firm's proposal, and the awarded firm's proposal. Specific exceptions to this general
rule may be noted in the final executed contract.
10.26. Firm understands and acknowledges that the representations above are material and
important, and will be relied on by the Borough in evaluation of the proposal. Any firm
misrepresentation shall be treated as fraudulent concealment from the Borough of the true
facts relating to the proposal.
10.27. No announcement concerning the award of a contract as a result of this RFP can be made
without the prior written approval of the Borough.
10.28. The Borough Attorney will not render any type of legal opinion regarding this transaction.
10.29. Any person who requests or receives a Federal contract, grant, loan, or cooperative agreement
shall file with the using agency a certification that the person making the declaration has not
made, and will not make, any payment prohibited by subsection (a) of 31 U.S.C. § 1352.
10.30. Supplies, services, or equipment will not be purchased from firms that are known to be in
violation of the Borough Code 3.30.115.
10.31. The Borough reserves the right to conduct a background inquiry of each firm that may include
collection of appropriate criminal history information, contractual and business associations
and practices, employment histories, and reputation in the business community. By submitting
a proposal to the Borough, the firm consents to such an inquiry and agrees to make available
to the Borough such books and records the Borough deems necessary to conduct the inquiry.
Kodiak Island Borough RFP for General Counsel Legal Services Page 15
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11. SUBMISSION CHECKLIST
This checklist is provided for firm's convenience only and identifies documents that must be submitted
with each package in order to be considered responsive. Any proposals received without these requisite
documents may be deemed non - responsive and not considered for contract award.
Documents to be submitted with proposal: Completed
1. Requested number of copies of technical proposals packaged separately
2. Requested number of copies of cost proposals packaged separately
3. Page 1 of the RFP completed and signed
4. Primary Firm Attachment A signed with confidentiality /exceptions noted
5. IC Attachment A signed with confidentiality /exceptions noted
6. Primary Firm Information provided
7. Independent Counsel Information provided (if applicable)
8. Reference forms sent out for Primary Firm
9. Reference forms sent out for Independent Counsel (if applicable)
10. Verification of licensure for Primary Firm (if applicable)
11. Verification of licensure for Independent Counsel (if applicable)
12. Certificate of Insurance
13. (other)
Primary Firm's Company Name:
Kodiak Island Borough RFP for General Counsel Legal Services Page 16
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Attachment A
CERTIFICATION OF INDEMNIFICATION AND COMPLIANCE
WITH TERMS AND CONDITIONS OF RFP
PRIMARY FIRM
Submitted proposals are confidential until the contract is awarded and only specific parts of the proposal
may be labeled a "trade secret." In the event a governing board acts as the final authority, there may be
public discussion regarding the submitted proposals that will be in an open meeting format, the
proposals will remain confidential.
This proposal contains proprietary information Yes No
By signing below, I understand it is my responsibility as the firm to act in protection of the labeled
information and agree to defend and indemnify the Borough for honoring such designation. I duly
realize failure to so act will constitute a complete waiver and all submitted information will become
public information; additionally, failure to label any information that is released by the Borough shall
constitute a complete waiver of any and all claims for damages caused by the release of the information.
I have read, understand, and agree to comply with the terms and conditions specified in this Request for
Proposal. Checking "YES" indicates acceptance, while checking "NO" denotes non - acceptance and
should be detailed below. Any exceptions MUST be documented.
YES NO SIGNATURE
Primary Firm
EXCEPTIONS: Attach additional sheets if necessary. Please use this format.
EXCEPTION SUMMARY FORM
RFP SECTION
NUMBER
RFP PAGE
NUMBER
PROPRIETARY INFORMATION AND /OR
EXCEPTION (PROVIDE A DETAILED
EXPLANATION)
Kodiak Island Borough RFP for General Counsel Legal Services
Page 17
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This proposal contains proprietary information Yes No
Independent Counsel
EXCEPTIONS: Attach additional sheets if necessary. Please use this format.
EXCEPTION SUMMARY FORM
Kodiak Island Borough RFP for General Counsel Legal Services
CERTIFICATION OF COMPLIANCEWITH TERMS AND
CONDITIONS OF RFP
INDEPENDENT COUNSEL
Submitted proposals are confidential until the contract is awarded; following contract award, in
accordance with Section 9.2 of this RFP, only specific parts of the proposal may be labeled a "trade
secret ". In the event a governing board acts as the final authority, there may be public discussion
regarding the submitted proposals that will be in an open meeting format, the proposals will remain
confidential.
By signing below, I understand it is my responsibility as the firm to act in protection of the labeled
information and agree to defend and indemnify the Borough for honoring such designation. I duly
realize failure to so act will constitute a complete waiver and all submitted information will become
public information; additionally, failure to label any information that is released by the Borough shall
constitute a complete waiver of any and all claims for damages caused by the release of the information.
I have read, understand, and agree to comply with the terms and conditions specified in this Request for
Proposal. Checking "YES" indicates acceptance, while checking "NO" denotes non - acceptance and
should be detailed below. Any exceptions MUST be documented.
YES NO SIGNATURE
RFP SECTION
NUMBER
RFP PAGE
NUMBER
PROPRIETARY INFORMATION AND /OR
EXCEPTION (PROVIDE A DETAILED
EXPLANATION)
Page 18
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Attachment B
CONTRACT FORM
The following Contract Form is provided as a courtesy to firms interested in responding to this RFP.
Please review the terms and conditions in this form. Please pay particular attention to the insurance
requirements, as specified in Part II, Section 9.
Kodiak Island Borough RFP for General Counsel Legal Services Page 19
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Section 1. Definitions.
SAMPLE CONTRACT
Contract for Professional Legal Services
In consideration of the mutual promises herein, the KODIAK ISLAND BOROUGH and the law offices
of (firm) agree as follows:
A. Part I, consisting of 14 sections of Special Provisions;
B. Part II, consisting of 11 sections of General Provisions.
Part I
Special Provisions
In this contract:
A. "Manager" means the Manager of the Kodiak Island Borough.
B. "Borough" means the Kodiak Island Borough.
C. "Assembly" means the Kodiak Island Borough Assembly.
Section 2. Scope of Services.
A. The Borough Attorney shall act as legal advisor to the Borough Assembly,
administration, and other officials of the Borough to include without limitation the
following:
(1) To duly advise the Assembly, administration, and other officials at meetings of the
Assembly and at other functions as may be designated;
(2) To draft opinion letters regarding, among other subjects, the interpretation of the
Borough codes, state and federal laws, and policies;
(3) To draft municipal ordinances involving all municipal matters;
(4) To review and provide opinions on codes, contracts, resolutions, and other written
instructions which are submitted to the attorney by the Borough;
(5) To call attention of the Assembly and/or Manager, as may be appropriate, to or of
changes or developments in legal matters that affect the Borough; and
(6) To perform other such duties as may be prescribed for the Borough Attorney by
ordinance or by direction of the Assembly and/or Manager.
B. The Borough Attorney shall represent the Borough as attorney in civil and criminal
proceedings affecting the Borough; however, the Borough Assembly may hire
independent counsel when in its judgment independent counsel is needed. The attorney
will represent the Borough in litigation involving prosecution of municipal code violation
Kodiak Island Borough RFP for General Counsel Legal Services Page 20
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when needed. Firms must be qualified to represent the Borough in all State of Alaska
Courts, U.S. District Court, and before the Ninth Circuit Court of Appeals.
C. The Borough Attorney must work effectively with the Borough Assembly,
administration, boards and commissions, and also with other public agencies with which
the Borough has legal relations.
D. The Borough Attorney must be experienced and proficient in legal matters affecting the
Borough, to include without limitation, federal and state constitutional law, federal and
state non - constitutional law, Alaska Statute 29, and Borough Code.
E. All representation of the Borough shall continue until the matters or cases assigned are
either closed out by mutual consent or are recalled by the Borough Assembly.
F. The firm shall not engage any consultant, expert, or service without the prior approval of
the Manager or Assembly.
G. Provide toll -free telephone access to the Borough.
H. The firm shall:
(1) Provide the Borough with copies of any significant pleading and/or correspondence
prior to filing/sending them.
(2) Obtain the Borough Manager's approval of all expenses exceeding $2,000.
Section 3. Access to Municipal Personnel.
The Manager shall secure the cooperation of the Borough personnel as necessary to assist the firm's
performance hereunder.
Section 4. Contract Administrator.
The Borough shall:
A. Receive all information and notices the firm is required to communicate to the Borough
pursuant to this agreement.
B. The Manager shall administer the contract on behalf of the Borough.
Section 5. Term.
A. For purposes of case assignments, this contract becomes effective when signed on behalf
of the Borough and shall continue for three years from date executed. The contract may
be renewed for up to three additional one -year extensions at the Borough Assembly's
option.
B. For purpose of assigned case completion this contract may be extended upon mutual
consent.
Section 6. Compensation
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A. The firm shall be compensated at the hourly rates enumerated in Attachment A. The
attorney's fee schedule is to remain fixed for the first three years of the contract with
three, one -year extensions at the Assembly's option. If the Assembly opts to extend the
contract, the fee schedule may be negotiated. The firm will also be reimbursed for other
appropriate costs incurred to perform under this contract.
B. The firm shall be entitled to no compensation under this contract beyond the scope of the
Borough's express obligations under subsection A. The Borough understands that
instances may arise that require additional services. During these times the firm will give
the Assembly an estimate of services requested and will return to the Assembly prior to
exceeding the estimate.
C. As a condition of payment, the firm shall have paid all municipal taxes currently due and
owing by the firm.
Section 7. Payment and Reporting.
A. The firm shall submit itemized monthly billings to the Borough Manager for payment of
all fees and costs for which the firm seeks reimbursement under Section 6. Said monthly
billings shall identify the subject of the work performed and the time, to the nearest one-
tenth of an hour, spent on each subject. Costs shall be itemized and described separately
on each monthly invoice.
B. Upon approved billing, payment will be remitted to the firm within 30 days.
Section 8. Termination of the Firm's Services
The firm's services under Section 2 may be terminated:
A. For convenience by the Borough Assembly.
B. By mutual consent of the parties.
C. For cause, by either party where the other party fails in any material way to perform its
obligations under this contract. Termination under this subsection is subject to the
condition that the terminating party notifies the other party of its intent to terminate,
stating with reasonable specificity the grounds therefore, and the other party fails to cure
the default within fifteen days after receiving the notice.
Section 9. Duties Upon Termination.
A. If the firm's services are terminated for the convenience of the Borough or by mutual
consent of the parties, the firm will be paid as provided for under Section 6. Total
compensation will not exceed the amount stated in Section 6. All finished and unfinished
documents, work product, and materials prepared by the firm remain the property of the
Borough.
B. If the firm's services are terminated for cause, the Borough shall pay the firm the
reasonable value of the services satisfactorily rendered prior to termination, less any
damages suffered by the Borough because of the firm's failure to perform satisfactorily.
The reasonable value of the services rendered shall not exceed the contract rate for such
Kodiak Island Borough RFP for General Counsel Legal Services Page 22
CORRECTED VERSION
services, and payment under this section shall not exceed ninety percent of the total
compensation allowable under Section 6. Any finished or unfinished documents, work
product, or materials prepared by the firm under this contract shall become the property
of the Borough.
C. The firm shall not be entitled to any compensation under this section until the firm has
delivered to the Borough Manager all documents, records, work product, and materials
relating to this contract.
D. If the firm's services are terminated, for whatever reason, the firm shall not claim any
compensation, under this contract, other than that allowed under this section.
Except as provided in this section, termination of the firm's services under Section 8 does
not affect any other right or obligation of a party under this contract.
E.
Section 10. Case Management.
A. Execution of the contract by the Borough shall act as full authority for the firm to proceed
with the representation of the Borough as provided hereunder.
B. The Borough will have complete and total access to all material, information and files
worked on by the firm pursuant to this contract.
C. Copies of all legal opinions shall be provided to the Borough Clerk's office.
Section 11. Assignments.
Unless otherwise allowed by the Manager or as directed by the Borough Assembly, any assignment by
the firm of its interest in any part of this contract or any delegation of duties under this contract shall be
void, and any attempt by the firm to assign any part of its interest or delegate duties under this contract
shall give the Borough the right to immediately terminate this contract without any liability for work
performed.
Section 12. Ownership; Publication, Reproduction and Use of Material.
A. The firm agrees to discuss matters and reveal documents relating to this contract only
with the Borough Assembly, Manager, Borough Clerk, or any person authorized by the
aforementioned, and as required by court order.
B. Except as otherwise provided herein, all data, documents, work product, research,
reports, and materials produced by the firm under this contract shall be the property of the
Borough, which shall retain exclusive right to publish, disclose, distribute, copy, and
otherwise use, in whole or in part, any such data, documents, research, reports, or other
materials.
Section 13. Notices.
Any notice required pertaining to the subject matter of this contract shall be either personally delivered,
faxed, or mailed by prepaid first class registered or certified mail, return receipt requested to the
following address:
Kodiak Island Borough RFP for General Counsel Legal Services Page 23
CORRECTED VERSION
Borough: Kodiak Island Borough
Attention: Manager's Office
710 Mill Bay Road
Kodiak, AK 99615
FAX: (907) 486 -9374
Firm:
Section 14. Conflict of Interest.
The firm may not represent or assist private or public clients in connection with other claims, litigation,
or other legal matters where such representation would constitute or appear to constitute a conflict of
interest. In particular, the firm shall comply with all relevant provisions of the Alaska Bar Rules and the
Alaska Rules of Professional Conduct concerning the prohibition of conflicts of interest among clients.
The firm shall not accept any employment and shall not render any professional services to other parties
if such action might be inconsistent with the above - referenced standards unless the prior approval of the
Assembly has been first obtained.
Part II
General Contract Provisions
Section 1. Relationship of Parties.
The firm shall perform its obligations hereunder as an independent firm of the Borough. The Borough
may administer the contract and monitor the firm's compliance with its obligations hereunder.
Section 2. Nondiscrimination.
A. The firm will not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, ancestry, age, sex, or marital status, or
mental or physical disability. The firm will take affirmative action to ensure that
applicants are employed and that employees are treated during employment without
regard to their race, color, religion, or mental or physical disability. Such action shall
include, without limitation, employment, upgrading, demotion, or transfer, recruitment or
recruiting advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training including apprenticeship. The firm agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
B. The firm shall state, in all solicitations or advertisements for employees to work on
contact jobs, that all qualified applicants will receive consideration for employment
Kodiak Island Borough RFP for General Counsel Legal Services Page 24
CORRECTED VERSION
without regard to race, color, religion, national origin, ancestry, age, sex, or marital
status, or mental or physical disability.
The firm shall comply with any and all reporting requirements that may apply to it which
the Kodiak Island Borough may establish.
D. The firm shall include the provisions of subsections A through C of this section in every
subcontract or purchase order under this contract, so as to be binding upon every such
independent counsel or firm of the firm under this contract.
C.
Section 3. Permits, Laws and Taxes.
The firm shall acquire and maintain in good standing all permits, licenses, and other entitlements
necessary to its performance under this contract. All actions taken by the firm under this contract shall
comply with all applicable law to include without limitation, statutes, ordinances, rules, and regulations.
Section 4. Nonwaiver.
The failure of either party at any time to enforce a provision of this contract shall in no way constitute a
waiver of the provision, nor in any way effect the validity of this contract or any part hereof, or the right
of such party thereafter to enforce each and every provision hereof.
Section 5. Amendment.
A. This contract may be amended, modified, or changed only in writing as approved by the
Borough Assembly and executed by the Borough Manager and an authorized
representative of the firm.
B. For the purpose of any amendment, modification, or change to the terms and conditions
of this contract, the only authorized representatives of the parties are:
(1) Kodiak Island Borough Manager
(2) (Name of Contract Representative Here)
C. Any attempt to amend, modify, or change this contract by either an unauthorized
representative or unauthorized means shall be void.
Section 6. Jurisdiction; Choice of Law.
Any civil action rising from this contract shall be brought in the Superior Court for the Third Judicial
District of the State of Alaska, at Kodiak. The laws of the State of Alaska shall govern the rights and
obligations of the parties under this contract.
Section 7. Severability.
Any provision of this contract decreed invalid by a court of competent jurisdiction shall not invalidate
the remaining provisions of the contract.
Section 8. Integration.
Kodiak Island Borough RFP for General Counsel Legal Services Page 25
CORRECTED VERSION
(1
(3)
This instrument and Attachment A hereto embody the entire agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein; and this contract shall
supersede all previous communications, representations, or agreements, either oral or written, between
the parties hereto.
Section 9. Insurance and Indemnification.
A. The firm shall maintain in good standing the insurance described in Subsection B of this
section. Before rendering any services under this contract, the firm shall furnish the
Borough Manager with proof of insurance in accordance with Subsection B of this
section.
B. The firm shall provide the following types of insurance. The Kodiak Island Borough shall
be insured as additional insured on all insurance policies except Professional Liability
and Worker's Compensation policies. All policies shall have a thirty day notice of
cancellation clause.
Workers' Compensation
$100,000 Employer's Liability and Workers' Compensation as required by Alaska
State Workers' Compensation Statues.
(2) Commercial Automobile Liability
Bodily Injury and Property Damage, including all owned, hired and non -owned
automobiles. $1,000,000 Each Occurrence and Aggregate $1,000,000
Professional Liability
Agree to provide lawyer's professional liability insurance for all periods under the
contract and provide an extended reporting period endorsement after the end of the
contract for three years. Without request by the Borough, the firm shall provide proof
of such insurance during the contract period and proof of such endorsement after the
end of the contract. The firms' carrier must agree to notify the Borough thirty days
before cancellation of insurance or of the extended reporting period endorsement. The
insurance shall provide coverage for claims up to a minimum amount of $1,000,000
per claim.
C. To the fullest extent permitted by law the firm agrees to defend indemnify and hold
harmless the Kodiak Island Borough, its elected and appointed officials, employees, and
volunteers against any and all liabilities, claims, demands, lawsuits, or losses including
costs and attorney fees, and appellate attorney's fees, incurred in defense thereof arising
out of or in any way connected or associated with this contract.
Section 10. Inspection and Retention of Records.
The firm shall at any time during normal business hours and as often as the Manager or Assembly may
deem necessary, make available to the Borough for examination all records with respect to all matters
covered by this contract for a period ending three years after the date of the firm is to complete
performance in accordance with Section 2 of the Special Provisions. Upon request, and within a
reasonable time, the firm shall submit such other information and reports relating to its activities under
Kodiak Island Borough RFP for General Counsel Legal Services Page 26
CORRECTED VERSION
this contract to the Borough in such a form and at such times as the Borough Assembly may reasonably
require. The firm shall permit the Borough Assembly or their designee to audit, examine, and make
copies of such records, and to make audits of all research, materials, pleadings, records of personnel, and
other data relating to all matters covered by this contract. The Borough may, at its option, permit the
firm to submit its records to the Borough in lieu of the retention requirements of this section.
Section 11. Availability of Funds.
This contract is subject to the availability of funds lawfully appropriated for its performance.
IN WITNESS WHEREOF, the parties have executed this contract:
KODIAK ISLAND BOROUGH
Rick Gifford, Borough Manager Date
ATTEST:
Nova Javier, MMC, Borough Clerk Firm
State of Alaska)
Third Judicial District)
Name:
Title:
Date:
IRS Tax No.
Subscribed and sworn before me on
Notary Public Commission Expiration
Kodiak Island Borough RFP for General Counsel Legal Services Page 27
CORRECTED VERSION
Attachment C
REFERENCE QUESTIONNAIRE
The Kodiak Island Borough, as a part of the RFP process, requires proposing firms to submit three
business references as required within this document. The purpose of these references is to document the
experience relevant to the scope of work and provide assistance in the evaluation process.
The proposing firm is required to send the following reference form to each business reference listed.
The business reference, in turn, is requested to submit the Reference Form directly to the Kodiak Island
Borough, Manager's Office by the RFP submission deadline for inclusion in the evaluation process.
The form and information provided will become a part of the submitted proposal. The business reference
may be contacted for validation of the response.
Kodiak Island Borough RFP for General Counsel Legal Services Page 28
CORRECTED VERSION
KODIAK ISLAND BOROUGH
710 Mill Bay Road, Kodiak, AK 99615
• Telephone 907.486 -9303 • Fax 907.486 -9374 •
GENERAL SERVICES LEGAL COUNSEL RFP REFERENCE
QUESTIONNAIRE
FOR:
(Name of firm requesting reference)
This form is being submitted to your company for completion as a business reference for the firm listed
above. This form is to be returned to the Kodiak Island Borough, Borough Manager's Office, via
facsimile at (907) 486 -9374 or e-mail at mchristiansen @kodiakak.us, no later than date at time p.m., and
must not be returned to the firm requesting the reference.
For questions or concerns regarding this form, please contact the Kodiak Island Borough Manager's
Office by telephone (907) 486 -9303 or by e-mail mchristiansen @kodiakak.us.
CONFIDENTIAL INFORMATION WHEN COMPLETED
Company providing reference:
Contact name and title /position:
Contact telephone number:
Contact e-mail address:
QUESTIONS:
1. In what capacity have you worked with this firm in the past?
COMMENTS:
2. How would you rate this firm's knowledge and expertise?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
Kodiak Island Borough RFP for General Counsel Legal Services Page 29
CORRECTED VERSION
3. How would you rate the firm's flexibility relative to changes in the project scope and timelines?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
4. What is your level of satisfaction with hard -copy materials produced by the firm?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
5. How would you rate the dynamics /interaction between the firm and your staff?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
6. Who were the firm's principal representatives involved in your project and how would you rate them
individually? Would you comment on the skills, knowledge, behaviors, or other factors on which
you based the rating?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
Name: Rating:
Name:
Name:
Name:
COMMENTS:
Rating:
Rating:
Rating:
7. How satisfied are you with the services and products developed by the firm?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
Kodiak Island Borough RFP for General Counsel Legal Services Page 30
CORRECTED VERSION
8. With which aspect(s) of this firm's services are you most satisfied?
COMMENTS:
9. With which aspect(s) of this firm's services are you least satisfied?
COMMENTS:
10. Would you recommend this firm's services to your organization again?
COMMENTS:
Kodiak Island Borough RFP for General Counsel Legal Services Page 31
ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT
Alaska has more miles of coastline than all the rest of the United States. The vast majority of our state's residents
call our coastal communities home. These communities generate billions in economic activity. From Metlakatla
to Kaktovik, people have lived along Alaska's vast coast for thousands of years and depended on rich biologi-
cal ocean resources for survival. Today, the cultural identity and survival of Alaska's coastal communities still
depend on the ocean resources that support commercial fishing, tourism, recreation and subsistence.
We, the ,. kan local and regional governments and elected officials, express our deep concern
change and ocean acidification and issue a call to policymakers to take
catastrophic impacts from greenhouse gas tj" We recognize
2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels
and is accelerating. The daily uptake of over 22 million tons of carbon dioxide into the ocean is causing ocean
acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build
their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect
marine organisms, food webs, biodiversity and fisheries.
3. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude
regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been
described as "ground zero" for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle
infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries
that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities.
4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate
change and ocean acidification. Alaska produces more than half of the seafood caught in the United States.
Alaska also has potential to mitigate climate change and ocean acidification, through development and export
of renewable energy technologies that can be used throughout the developing world.
5. There are compelling economic arguments to act now. Positive economic development and diversification of
Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic
costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas
emissions in line with IPCC recommendations.
Page 1
6. The United States has an obligation to take a leadership role in addressing global climate change. With
only 5 percent of the world's population, the United States produces approximately 25 percent of the world's
annual greenhouse gas emissions.
7. For the well -being of current and future generations, immediate action must be taken at all levels of
government and throughout society to address global climate change and ocean acidification. Given the
seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a
priority when allocating government resources.
We hereby express support for the following policies, actions and initiatives:
1. At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet
or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050.
2. Reengage at the national level in the international process of dealing effectively with global climate change.
3. At the national and state levels, enact legislation and fund initiatives that will dramatically increase energy
efficiency and the production of renewable energy.
4. Utilize a significant portion of the proceeds from national cap- and -trade legislation, carbon tax, or other
sources to fund initiatives in Alaska that will:
• develop renewable energy resources
• improve energy efficiency in buildings, transportation, etc., in all sectors of the economy
• increase public knowledge of issues related to greenhouse gas emissions
• create a skilled workforce for a new clean - energy economy
• help vulnerable communities adapt to unavoidable climate - related impacts
• protect or rebuild infrastructure that is threatened by climate impacts
• enhance research in the area of ocean acidification
• enhance research in the areas of energy efficiency and renewable energy.
We further express our commitment to:
1. network with other Alaskan coastal communities on the issues of climate change and ocean acidification;
2. encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to
unavoidable changes;
3. make wise and effective use of resources provided by the state and federal governments for such actions; and
4. support community efforts to educate the public on these issues.
Signatories:
City and Borough of Sitka
City of Homer
City of Petersburg
City of Dillingham
City of Gustavus
Kenai Peninsula Borough
Alaska Coastal Communities Global Climate Change Compact, page 2
DATE: January 14, 2010
TO: Borough Mayor and Assembly
THRU: Rick Gifford, Manager
Woody Koning, E/F Director
FROM: en Smith, Project Manager
RE: Projects Status Report
CURRENT PROJECTS STATUS:
BAYSIDE FIRE STATION ADDITION
Dowland Construction is well underway with the new
addition to the existing fire station. They have
completed the foundation and the metal building
package has finally arrived. Having been on site for
little more than a week, the ironworkers are nearly
finished erecting the steel framework. They will start
installing siding and roofing next week. The project is
currently scheduled for completion in April.
KODIAK ISLAND BOROUGH
ENGINEERING /FACILITIES DEPARTMENT
710 Mill Bay Road
Kodiak, AK 99615
(907) 486 -9341 Phone (907) 486 -9394 Fax
ksmith@kodiakak.us
MEMORANDUM
NEW KODIAK POOL
City Parks and Recreation has been operating the new
pool for about 4 months and it has proved very
popular with swimmers. Usage is reportedly up several times over that in the old pool.
A few items remain on the "punch list" but it is getting shorter. The pool will be closed for a ten day period
beginning January 18 to resolve some of these remaining issues. During the closure the water level in the pool
will be lowered a few inches to allow repairs to tile work in the pool and to reapply the epoxy coating system
on the gutter system and surge tank in areas that did not cure properly. Tile work on the deck will further
mitigate the ponding issue. Some swimmers have had to endure cold showers as the hot water system is not
able to keep up with heavy demand. Several fixes and modifications to the heating and control system have
been applied and thought to correct the problem but the problem persists. Further solutions have been proposed
both by the contractor and the design team that are currently under review. The stainless steel railing and some
other fixtures are suffering from corrosion. Various treatments and cleaning procedures have been applied but
the determination of causes and solution of this problem is ongoing. Janssen and their subcontractors, City
Parks and Recreation, KIBSD maintenance and staff are working diligently to resolve these nagging problems
and bring the project to final completion. The good news is it will be completed under budget.
NEW ADF &G FACILITY
ECI /Hyer has completed Schematic Design for the new facility. It is currently under review.
Z•\Admin\Bond Project Status\Project Status Report 100114.docx
EAST ELEMENTARY WINDOWS SEISMIC UPGRADE /HVAC UPGRADES
Wolverine Construction completed the windows seismic upgrade and painting in the fall. The cabinet heat and
ventilation units finally arrived and have been installed. One of the units had a faulty coil and had to be
replaced. The replacement has arrived and will be installed in the near future. This will complete the project.
OLD HARBOR GYM ADDITION
Wolverine Supply is making good progress on the project. The school is using the gym while work progresses
on the addition. The foundation and slab for the addition is nearing completion and framing is underway. The
project is scheduled to be completed next summer. Getting materials to Old Harbor in the winter is difficult.
OLD POOL ROOF AND VENTILATION UPGRADE
Brechan Enterprises has completed the new roof and air handler replacement; however, during the course of
the work, a section of ductwork came loose and fell into the old pool. The duct was not adequately attached to
the roof deck during the 1982 remodel of the old pool and it is a miracle that it stayed in place this long. The
remaining duct needs to be secured and repairs made before the air handler can be made operational. The
above repairs and installation of guardrails around the empty pool must be completed before the area can be
occupied or further utilized for any purpose.
WOODLAND ACRES PAVING
Brechan Enterprises began work on the project in September. The work includes cleaning ditches, preparing
subgrade, raising utilities, and laying D 1 base in preparation for paving. Sharatin Road was paved before cold
weather caused the closure of the asphalt plant. Puffin, Curlew and Gull will be completed next summer.
CHC ADDITION TO PKIMC
The project is complete with the exception of issues with the handicap parking. Prochaska has completed a
new design that complies with ADA and USDA requirements; however the proposed solution is expensive and
impractical. A code change or variance may be appropriate in this case. I am working with the building official
to resolve the issue.
KHS UNDERGROUND FUEL TANK REMOVAL AND REPLACEMENT
Approximately 1,500 cubic yards of contaminated soil must be removed from stockpiles on the Boro Hill site.
Tellus, Inc has completed the work plan which has been submitted to and received prelim approval from
ADEC. A contract has been awarded to B &R Fish for trucking and placement of the contaminated material for
remediation at a site at the east end of Selief Lane. Work will commence in the spring pending weather and
final approval of the site by P &Z.
SEISMIC STAPPING AND BRACING OF MECH, ELECT, PLUMBING AND MISC EQUIP
Parkhurst Mechanical has completed these two FEMA HMGP funded projects. This included work throughout
the KIBSD to reduce damage to equipment and MEP systems caused by a seismic event and to improve safety
to persons to and from toppling, falling and sliding objects such as refrigerators, bookshelves computers, etc.
With one exception, this project concludes the structural and nonstructural upgrades recommended as a result
of the Seismic Vulnerability Assessment performed and reported by Eidenger and Associates in 2006. Other
seismic upgrade projects eligible for funding through FEMA pre mitigation grants have subsequently been
identified and are currently being pursued. A grant application was made for the High School Gymnasium
upgrade and was nearly through the FEMA approval process when the voters approved the New High School
Addition and Renovation Project. The seismic upgrade was in direct conflict with the proposed addition of an
elevated track in gymnasium. The project was pulled from the current funding list and put on hold pending
further design of that project. It can be put back on the list if or when the conflict is resolved. An application
for funding of further structural modifications in the Middle School Gymnasium has been submitted and is
pending FEMA approval. Eidenger recommended seismic upgrades be completed within ten years. Thanks to
the KIB Assembly and Management for their continued commitment to this important work.
Z:\Admin\Bond Project Status\Project Status Report 100114.docx
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
1
UPDATE TITLE 16, 17, & 18
CD
P
The Borough code needs to be updated to reflect the new comprehensive plan. These titles address:
Land development — Subdivision; Land use — Zoning; and the managing of Borough owned lands.
2
UPDATE KIB HAZARD
MITIGATION PLAN
CD
F
Our existing hazard mitigation plan is due to expire. We have received money to update this plan
from the state Division of Emergency Services. An RFP will be issued to hire a contractor who will
meet with all the communities around the island for updateing the plan. Such a plan is required to be
in place should there be a disaster and federal funding is needed.
3
ZONING IN THE VILLAGES
CD
N
With adoption of the Comprehensive Plan, there is a need to apply the proper zoning districts to
lands within villages. Presently, much of the land in these communities is zoned R1. There is a desire
to develop a mixed use zoning classification that is flexible to the needs of these communitites. The
Rural Regional Forum will be addressing this issue.
4
TRAILS MAPPING PROJECT
CD
F
This project is under contract. Trials along the road system as well as those connecting
neighborhoods are being cateloged. A Trails Master Plan should be completed within the year that
identifies each trail, their use, their condition and recommendations for improvements. A final map
product will also be produced.
5
PROST (PARKS,
RECREATION, OPEN SPACE
& TRAILS)
CD
N
Evaluate KIB lands as well as other urban lands that are important and appropriate for parks,
recreation, open space and trails. These amenities should be considered in any subdivision of land.
6
ANTON WAY /LILLY DRIVE -
SAFE ACCESS TO NORTH
STAR SCHOOL
CD /EF
N
Federal money was used to construct a portion of this neighborhood pedestrian trail to North Star
School. The area construction was identified as the most dangerous area. There is a need to continue
the trail to the school as well as to the neighborhoods.
7
NORTH STAR MASTER PLAN
AND DESIGN SERVICES
CD /EF
N
This project was funded to resolve conflicts between existing bus and parent drop off areas,
pedestrian circulation and general on- site traffic congestion. Prelliminary design have been
submitted and will be reviewed and a recommendation made. Contruction money has not been
identified for implementing the design.
8
IDENTIFY LAND FOR
INDUSTRIAL USES
CD /P &Z
n/a
The Comprehensive Plan identified the need to zone lands into the industrial category to prohibit
conflict with residential and recreational areas.
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
1 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
1
KODIAK HIGH SCHOOL
RENOVATION AND
EXPANSION
EF
F
Planning stages. Ef staff working on drafting an RFP to solicit design services, and formulating plans
for commissioning, energy modeling, and construction managements services. KIBSD staff procured a
consultant to draft Ed Specs and project application scheduled for delivery in mid February for DEED
approval
2
KHS GYMNASIUM SEISMIC
UPGRADE
EF
F
Pending KHS renovation /expansion project.
3
KHS POOL SPACE
RECLAMATION
EF
F
Pending KHS renovation /expansion project.
4
KHS EXTERIOR INSULATION
AND WINDOW
REPLACEMENT
EF
F
Pending KHS renovation /expansion project.
5
KHS VOCATIONAL CENTER
RENOVATION
EF
F
Pending KHS renovation /expansion project.
6
KODIAK LEARNING CENTER
RENOVATION
EF
F
Pending KHS renovation /expansion project.
7
KHS /KMS ROOF UPGRADES
EF
F
SCHOOL BOND PROJECT included in KMS Phase II completed August 2009; KHS portion pending
design of new renovation /expansion project.
8
OLD HARBOR GYM/VOC-ED
RENOVATION
EF
F
SCHOOL BOND PROJECT to renovate voc -ed portion of the building and enlarge school gym. Architect
selected. Design 2008. Construction underway. Completeion scheduled for summer 2010
9
SOLID WASTE COLLECTION
SERVICES
EF
F
Currently negotiating contract and revising code to reflect the new collection services plan developed
by the Solid Waste Management Plan.
10
NEW ADF &G BUILDING ON
NEAR ISLAND
EF /MO
P
To move current ADF &G offices and labs to a larger facility on Near Island. The KIB has received
$4,950,000 from the state legislature for the design, site work & construction of new building.
Seeking other revenue sources prior to construction. ECI /Hyer contracted for design, conceptual
design complete and now working on design development. Awaiting funding decision from EVOSTC.
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
2 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
11
LATERAL EXPANSION OF
LANDFILL
EF
• Staff
P
is working with CH2M Hill Engineering on design options for lateral expansion of the landfill and
comprehensive leachate solutions.
12
BAYSIDE FIRE DEPARTMENT
ADDITION
EF
F
Construction underway, scheduled for completion summer 2010
13
ISLAND -WIDE
TRANSPORTATION
FEASIBILITY STUDY
EF
F
McDowell Group selected as consultant to perform the study. Scheduled for completion 1 -22 -2011.
14
KODIAK ISLAND BOROUGH
ADMINISTRATIVE BUILDING
EF
P
The KIB Administration building is in need of a number of new systems. Heating, ventilation as well as
electrical issues. Staff has done minor repairs to limp along. Plans in the works for ventilation duct
cleaning and roof repairs. Staff is preparing a detailed estimate of repairs for budgeting. Duct cleaning
complete.
15
SELIEF LANE PAVING
EF
N
Need to develop cost estimates. S.A. Board has recommended funding from an Improvement
District. Exploring the use of any remaining funds from the State Bond Road funds.
16
UNDERGROUND TANK
REMOVAL
EF
P
A number of facilities (schools, Counseling Center, Red Cross) have fuel tanks that are underground.
KHS tank replaced with above ground tank, soil remediation scheduled for spring 2010. Mental
Health Center above ground tank purchased, scheduled for installation spring 2010. Remaining ust's
to be prioritised based on risk and DEC concurrance.
17
GENERATORS FOR
EMERGENCY SHELTERS
EF
N
Develop plan for the need of emergency back -up power for various facilities. ER physician urges
immediate action on the East Elementary emergency generator to provide adequate power for the
designated alternative hospital site.
18
KMS CONCRETE REPAIR
EF
F
SCHOOL BOND PROJECT to repair failing concrete around KMS. Temporary repairs made. Partially
complete, remainder scheduled for summer 2010.
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
3 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
19
OTMELOI ROAD PAVING,
LIGHTING, CURB /GUTTER
AND PEDESTRIAN TRAIL
EF
P
KIB received money to do the project in return for future ownership and maintenance of the road.
State General Fund funding. Initial funding will determine estimated cost of project. MOA with State
has been approved. Need to complete RFP for consultant to do cost estimate. RFP for
Engineering /Reconnaisance study being drafted.
20
WOMENS BAY TSUNAMI
SHELTER
EF
P
Received funding sufficient to complete planning and design. Efforts to secure additional funding for
construction are ongoing.
21
LARSEN BAY SCHOOL FLOOR
REPAIR
EF
P
SCHOOL BOND PROJECT to be re- evaluated. Damage not as severe as original investigation indicated.
Architect recommends roof work as a more critical item.
22
ROAD SERVICE
AREAS /PAVING PLAN
EF
NA
EF has requested Road Service Areas to prioritize roads that should be paved to reduce dust and
maintenance issues.
23
ASSEMBLY CHAMBERS
UPGRADE
EF
P
Assembly Chambers is in need of technological upgrade. It is not only the location to hold public
meetings, it is an emergency response headquarters. Technology and public meeting needs being
evaluated by MIS and the Clerk's office.
24
VILLAGE METALS REMOVAL
EF /CD
N
Existing CIP project to remove metals from Karluk or other villages. Projects put on hold. Currently on
Capital projects list. May be substantial monies available via CIAP grants. There will be substantial
money to addresss this issue in the near future. It is not grant money, but money directed to Kodiak
to address this issue. Need better figures and methodology on how to get it done.
25
LONG -TERM CARE CENTER
EF /MO
P
Develop RFP to procure design professional. Need to retain A/E firm to assist with program /concept
development, site selection, cost estimating, and funding efforts. Planning and design funding efforts
ongoing. Working with Providence and other interested parties to develop a plan to replace the
current LTC Center.
26
TSUNAMI SIREN UPGRADES
REPLACEMENT, ADDITIONS
EF /CD
P
The state has acquired grants for 4 sirens to be installed in four villages. These villages eithier have no
siren or a need to locate existing siren. Money has come to the borough. Staff will issue bid specs to
purchase these sirens. Siren for Pasagshak has been purchased along with cableing circuit cards etc.
Contract has been issued to install siren.
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
4 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
1
REVIEW AND RE -WRITE
PURCHASING PROCESS
FIN
n/a
80% complete.
1
UPDATE PERSONNEL JOB
DESCRIPTIONS
MO
n/a
Awaiting job descriptions from departments. Where positions have had turnover, the job
descriptions have been updated prior to hiring a replacement.
2
REVIEW AND UPDATE
PERSONNEL MANUAL
MO
n/a
Will institute department head review. Make recommendations to Personnel Advisory Board.
3
IMPROVEMENTS TO
BARANOF PARK
MO
P
Support legislative funding for improvements.
4
CITY DISPATCH SERVICES
MO
n/a
Working with City to transfer E911 funding and authority to the City.
5
ATTORNEY RFP
MO
n/a
Draft Attorney RFP to be presented to the Assembly at its Jan. 14, 2010 work session.
6
BRECHAN LONG -TERM
GRAVEL LEASE
MO /RMO
n/a
Short -term lease expires 6/30/2010. Staff has been working with engineering consultant to
determine estimated amount of gravel available, work on draft reclamation plan and other
regulatory requirements. Will finish negotiations with Brechan this winter and present contract to
the Assembly for review and approval.
7
LAND MANAGEMENT --
ACQUSITION & DISPOSAL
RMO
n/a
The Borough and Native Corps are the largest private landowners along the road system. Develop a
land management scheme that includes land sales and trades.
8
REVIEW AND UPDATE OF
BOROUGH LEASES
RMO /FIN
n/a
Both departments are working together to update all Borough leases and solidify standard lease
language.
9
DEEDING WATERSHED
PROPERTY TO CITY OF
KODIAK
RMO
n/a
10
HOSPITAL ADJOINING LAND
ACQUISITION
RMO
n/a
Acquisition of adjacent properties for use by hospital.
11
SLAUGHTERHOUSE
PROPERTY
RMO
n/a
Have received request from property owners of slaughterhouse property to purchase the revision
clause from the Borough.
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
5 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
COMPLETED PROJECTS
1
REZANOF /MILL BAY ROAD
INTERSECTION
IMPROVEMENTS
CD /EF
Completed in 2009
2
COASTAL MANAGEMENT
PLAN UPDATE
CD
Assembly approved 8/07/08, Ordinance 2009 -04
3
KHS HEATING AND
VENTILATION (HVAC)
UPGRADES
EF
Completed in 2009
4
OUZINKIE GYM /VOC -ED
RENOVATION
EF
Completed in 2009
5
HOSPITAL SOLARIUM
EF
Completed in 2008
6
KIBSD AREA -WIDE NON-
STRUCTURAL SEISMIC
UPGRADE
EF
Completed in 2009
7
CHINIAK OLD LIBRARY
REMOVAL
EF
Completed in 2009
8
OUZINKIE SEISMIC UPGRADE
EF
Completed in 2009
9
NEW POOL CONSTRUCTION
EF
Completed in 2009
10
COMPLETE HOSPITAL
PARKING LOT
EF
Completed in 2009
11
HOSPITAL ADDITION FOR
NEW CHC
EF
Completed in 2009
12
FLOOR COVERING
REPLACEMENT
EF
Completed in 2008
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
6 of 7
Revised: 1/8/2010
ITEM #
PROJECT
DEPT.
Funding:
Funded
Partially
Funded
Not
Funded
STATUS
13
KMS SEISMIC UPGRADE
EF
Completed in 2009
14
PETERSON ELEM SEISMIC
UPGRADE
EF
Completed in 2008
15
ANTON LARSEN BAY BOAT
RAMP AND PARKING
EF
Completed in 2008
16
KFRC VERTICAL TURBINE
PUMP REPLACEMENT
EF
Completed in 2008
17
KODIAK SCHOOLS MASTER
PLAN for BOROUGH HILL
EF
Completed in 2009
18
KHS LIBRARY WING SEISMIC
UPGRADE
EF
Completed in 2008
19
KFRC SEAWATER AND
MECHANICAL /ELECTRICAL
SYSTEM RECOMMISSIONING
EF
Completed in 2008
20
SOLID WASTE
MANAGEMENT PLAN
EF
Completed in 2009
21
EAST ELEMENTARY SCHOOL
HVAC BOND PROJECT
EF
Completed in 2009
22
ISLAND LAKE TRAIL
UPGRADE
EF /CD
Completed in 2008
23
IBEW Contract
MO
Completed in 2008
BOROUGH MANAGER'S PROJECT LIST
BOROUGH MANAGER'S PROJECT LIST
7 of 7
Revised: 1/8/2010
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KODIAK ISLAND BOROUGH
ASSEMBLY WORK SESSION
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