The URL can be used to link to this page

2011-09-13 Joint Work Session BOROUGH ASSEMBLY - CITY COUNCIL JOINT WORK SESSION AGENDA Tuesday, September 13, 2011 Assembly Chambers 7:30 p.m. (Borough Chairing) Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both Borough and City governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and /or City Council meeting agendas. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly or Assembly meeting. Public Comments (limited to 3 minutes each) Agenda Items 1. Joint Fisheries Analyst /Consultant 2 a. Alaska Resource Consultancy 3 b. VanNess Feldman Attorneys at Law 12 2. Baranof Park Improvements and Funding No Backup BOROUGH ASSEMBLY - CITY COUNCIL JOINT WORK SESSION AGENDA Tuesday, September 13, 2011 Assembly Chambers 7:30 p.m. (Borough Chairing) Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both Borough and City governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and /or City Council meeting agendas. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly or Assembly meeting. Public Comments (limited to 3 minutes each) Agenda Items 1. Joint Fisheries Analyst/Consultant 2 a. Alaska Resource Consultancy 3 b. VanNess Feldman Attorneys at Law 12 2. Baranof Park Improvements and Funding No Backup :V. Kodiak Island Borough MEMORANDUM TO: Kodiak Island Borough Mayor & Assembly City of Kodiak Mayor & Council FROM: Rick Gifford, Borough Manager r/ SUBJECT: September 13, 2011 Joint Work Session Fisheries Analyst/Consultant Proposal Discussion DATE: September 1, 2011 The City of Kodiak and Kodiak Island Borough jointly issued a request for proposals for a Fisheries Consultant with a due date of August 24, 2011. Two proposals were received, one from VanNess Feldman Attorneys at Law and one from Alaska Resource Consultancy. On September 1, 2011, a committee consisting of City Council members Pat Branson and John Whiddon, and Borough Assembly members Sue Jeffrey and Chris Lynch met to review the proposals. The committee decided to bring the proposals forward to their respective governing bodies for review and discussion at the joint work session. The committee is also forwarding a recommendation that proposer Alaska Resource Consultancy be invited for an interview on a date to be determined at this joint work session. A copy of each proposal is included in this meeting's agenda packet. The proposed fee for each proposal has been blanked out for confidentiality purposes until after negotiations and award of contract. The proposed fees will be distributed to the Assembly and Council at the joint work session and returned to the Borough clerk after the meeting. Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak. ,IK 99615 -1521 August 24, 2011 Mr. Rick Gifford Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford: Please accept this transmittal letter and six copies of the enclosed proposal as a responsive submission to the Request for Proposals (RFP) issued by the Kodiak Island Borough (KIB) and the City of Kodiak (City) for the services of a Fisheries Consultant. I am excited at the prospect of providing the community of Kodiak with neutral but well- grounded perspectives on fishery issues of concern. I would be honored to be able to assist the local governments of Kodiak in analyzing and addressing them. The proposal is developed in fairly general terms. If more detail is desirable, please let me know. I look forward to hearing from you. Best regards, Denby S. Lloyd Principal Enclosures denbv. llovd iigniaitconz 1907) 321 -1490 FISHERIES CONSULTANT SERVICES PROPOSAL To the Kodiak Island Borough and the City of Kodiak August 24, 20 I The Kodiak Island Borough (KIB) and the City of Kodiak (City) have issued a request for proposals (RFP) seeking the services of a Fisheries Consultant to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community of Kodiak. This proposal is submitted by Denby Lloyd (Principal of Alaska Resource Consultancy) in response to the KIB /City RFP and is valid through December 31, 2011. Background As noted in the RIP, the economy of the Kodiak region is based upon healthy, diverse and well - managed fisheries resources. Kodiak is one of the nation's foremost fishing ports. Its cultural heritage, social fabric and economic well -being are derived and dependent upon the conservation and development of the region's productive fishery and living marine resources. In plain view, fisheries resources in the Kodiak region comprise salmon, herring, groundfish, and shellfish that are pursued for subsistence, recreational, personal use, or commercial purposes by participants using specific gear types in state or federal waters. A more complex view encompasses residents and visitors to the city, villages and outlying areas of the Kodiak Archipelago and Shelikof Strait mainland attempting to harvest or pursue a variety of Pacific salmon, trout, char, herring, cods, halibut, rockfish, sablefish, greenlings, flounders, crabs, clams, scallops and shrimp using mobile or stationary gear such as trawls, longlines, pots, jigs, seines, gillnets, rod and reel, cameras and binoculars in areas and seasons and under quotas and licenses set, issued and enforced by state and federal agencies. An even more complete view recognizes that individuals, families, small businesses, and large corporations rely on mixtures of fish species, markets, and methods of pursuit and processing; that management jurisdictions and research responsibilities among state, federal, international and educational agencies as well as public and private land owners are complex and dynamic; and that while the interests of fishermen, advocacy groups, and industry sectors oftentimes compete, there also frequently are common elements, shared goals, and mutually - beneficial actions that can unite and enrich the community. The KIB and City of Kodiak are not responsible for the management or conservation of fishery resources. But the local governments are expected to promote local economic interests and they rely upon revenues derived from the region's fisheries. Also, elected officials on the Borough Assembly and the City Council are often expected to represent the interests and express the views of their constituents. In order to be responsive to these expectations, but to carefully avoid inadvertent favoritism or unwarranted preference for one user group or policy position over another, the KIB and City need a reliable source of comprehensive and unbiased information. A fundamental choice facing the KIB /City is whether to engage in fishery regulatory and policy issues on an ad hoc basis, or with concerted effort. There is no "right" answer here; the Borough and the City will continue to function and provide public services regardless. However, to appreciably understand and effectively participate in Alaska's fishery regulatory forums, a concerted and reliable effort is required. By proceeding with a contract for a Fisheries Consultant, the KIB /City would be making a conscious and substantive choice to become a significant participant, similar to efforts of the Aleutians East and Lake and Peninsula Boroughs and the City of Unalaska. It is with a deep appreciation of the details and complexity of fisheries around Kodiak, and with a commitment to facilitate the unity and enrichment of the Kodiak region, that this proposal is submitted by Denby Lloyd to serve as a Fisheries Consultant to the KIB and the City. Scope The RFP specifies that the role of the Fisheries Consultant will be to monitor, analyze and report; the RFP also specifies that the successful proposer should possess the ability to remain neutral on divisive issues. As such, it appears clear that the KIB and City are soliciting an analyst and advisor, rather than an advocate or representative. This is an important distinction, and it may prove pivotal to acceptance and support of this project by industry, advocacy groups and constituents. In response to the RFP, it is here proposed that the Fisheries Consultant monitor pertinent management actions and pending decisions of the National Marine Fisheries Service (e.g., Sustainable Fisheries Division), the Alaska Department of Fish and Game (e.g., Commercial Fisheries Division and Sport Fish Division) and the International Pacific Halibut Commission. These are the agencies normally responsible for ongoing management of fisheries around Kodiak. Also, the Fisheries Consultant would attend pertinent meetings of the North Pacific Fishery Management Council, the Alaska Board of Fisheries and, if directed, the IPHC and other fishery agencies and organizations. These are the forums normally responsible for setting of regulations for fisheries in the region. In addition, attention should be paid to deliberations of: • NMFS Resource Access Management Program and the State of Alaska Commercial Fisheries Entry Commission for actions potentially limiting participants' access to fisheries. • ADF &G's Habitat Division for potential permitting and planning decisions affecting fish resources. • NMFS Protected Resources Division for regulatory decisions pertaining to commercial fisheries and protection of marine mammals and other protected species. While the RFP does not refer to other specific venues of management or research, the KIB and City may wish to have the Fisheries Consultant monitor and report on pertinent actions and deliberations of: • U.S. Fish and Wildlife Service for decisions affecting access to and management of fishery resources on the Kodiak National Wildlife Refuge and the Alaska Maritime National Wildlife Refuge. • The Federal Subsistence Board, for decisions related to subsistence uses in federal waters. Further, there are other issues and organizations of importance to fisheries around Kodiak that may warrant monitoring and evaluation. For example: • Kodiak Regional Aquaculture Association is pursuing nutrient enrichment of three lakes on Kodiak Island to increase production of sockeye salmon. • National Oceanic and Atmospheric Administration is pursuing a national program of coastal and marine spatial planning that could restrict access to large areas for fishing or other activities. • A consortium of organizations under the name of AKCRRAB (Alaska King Crab Research, Rehabilitation and Biology) is actively researching and promoting enhancement and rehabilitation of king crab stocks. • The Alaska Legislature may consider enacting legislation that sets the stage for limiting access to the opportunity to guide sport fishermen in state waters. Implementation Plan In response to direction from KIB and the City, Consultant would monitor actions and pending decisions of fishery management agencies (e.g., NMFS, ADF &G, and 1PHC) on an ongoing basis through perusal of the agencies' news releases and public announcements, plus through periodic contact with area and regional management and research staff Consultant would attend meetings of the North Pacific Fishery Management Council. Regular meetings of the Council occur five times per year, with a standard length of nine to ten days (including associated meetings of the NPFMC Advisory Panel and Scientific and Statistical Committee). Because of their frequency, duration and importance, attendance, monitoring and reporting on these meetings of the NPFMC would likely comprise the majority of Consultant's work. Consultant would also attend pertinent meetings of the Alaska Board of Fisheries. Board meetings occur on a three - year cycle, with each meeting lasting from two to sometimes 10 -14 days. Of particular interest may be meetings for state waters Pacific cod (scheduled for October 6 -10, 2011), statewide miscellaneous shellfish (March 20 -23, 2012), Kodiak finfish (Spring 2014), and statewide king and Tanner crab (Spring 2014). The BOF also conducts work sessions (generally every October; e.g., October 4 -5, 2011) and adds special agenda items to their late -cycle meeting (generally in March) that may encompass issues of interest to Kodiak. If directed by the Borough and/or City Manager(s), Consultant would attend the annual meeting of the International Pacific Halibut Commission (generally late in January), which occurs over the course of 4 -5 days (including meetings of the Conference Board and Processor Advisory Group, plus informal gatherings of the national sections). The IPHC also schedules an interim meeting, which interested public may monitor via webcast. Consultant would provide written, quarterly reports to the Borough Assembly and City Council, and Consultant would provide oral reports at joint Borough Assembly /City Council work sessions. These reports would describe and discuss items of concern to the economy and region of Kodiak that the Consultant identifies through monitoring activities and attendance at meetings. Consultant's reports would also provide a summary of work performed. For issues of particular merit or interest to the KIB /City, Consultant would prepare qualitative analyses of the potential impacts of proposed regulatory changes. The Consultant would provide neutral, unbiased information to the Assembly /Council that would allow Borough/City officials to understand the issues and to make decisions or develop positions appropriate for the local governments. In addition to expectations laid out in the RFP, it is suggested that Consultant might report more frequently to the Borough and City Managers, the Borough and City Mayors, and perhaps one additional member from each the Borough Assembly and the City Council. The purpose here would be to keep up with ongoing developments, maintain the interest and participation of government officials, and allow for adjustment of Consultant's focus and attention. Consultant could also participate in meetings of the Kodiak Fisheries Advisory Committee, the Fisheries and Oceanic Research Board, and the local Kodiak Fish and Game Advisory Committee. Further, it is proposed that Consultant seek the assistance of local experts (e.g., agency staff, fishing organization representatives, industry and NGO leaders) in developing reports and briefings for the Borough /City, and also that Consultant promote direct communication between such experts and the local governments. It is also suggested that the KIB /City consider a schedule of five joint work sessions per year, coinciding closely with meetings of the NPFMC, so that summary, discussion, and development of future action plans can be undertaken in a timely, ongoing fashion. Finally, it is proposed that the KIB /City and the Consultant take all necessary steps to assure constituents, organizational leaders, and the community-at -large that the Consultant is not engaged for advocacy purposes and is to remain neutral and unbiased. Allocation decisions, and fishery politics in general, are stressful, competitive and complicated. In order for the KIB /City and the Consultant to engender the trust, acceptance and assistance of local fishery participants, it is important to maintain the neutrality and integrity of this information- gathering effort. This proposed implementation plan can be subject to adjustment and modification during contract negotiation, as part of the six -month review identified in the RFP, or at other times by mutual consideration and consent of KIB /City and the Consultant. Company Profile Alaska Resource Consultancy is a newly - formed limited liability company and sole proprietorship. Denby Lloyd is the Principal and sole representative. The company is engaged in qualitative analysis and strategic assessment of resource management, research, and policy initiatives affecting fisheries in Alaska. The company has recently moved from Juneau, Alaska to Kodiak, and will remain in Kodiak for the foreseeable future. Experience and Credentials Mr. Lloyd has been living, working, and going to school in Alaska since 1972. Attached to this proposal is a resume of pertinent education, work experience, volunteer participation, and technical publication. For over thirty years the proposer has been involved with fishery management and research at a variety of levels throughout Alaska, ranging from technician assignments on Kodiak and elsewhere, through seven years in leadership positions in the Kodiak office of ADF &G, to a four -year stint leading Alaska's fish and game agency. The proposer has a long familiarity with the North Pacific Fishery Management Council, having acted as Council staff public testifier, and Council member. The proposer has a long familiarity with the Alaska Board of Fisheries, having acted as agency staff, public testifier, and ex- officio Board member. The proposer also understands the needs and dynamics of local governments that are affected by fishery regulation, having served as a resource analyst for the Aleutians East Borough for over six years and as a previous contractor on fishery issues for the Kodiak Island Borough. Mr. Lloyd has detailed, working knowledge of local and regional fisheries around Kodiak including the species fished, the vessel and gear types used, and fishery user groups. Mr. Lloyd thoroughly understands and has been responsible for implementing the Alaska Constitution with regard to sustained yield of Alaska's fisheries. Moreover, the proposer has substantial knowledge and experience in the promulgation and implementation of state and federal fisheries laws and regulations, in written and oral communication to and on behalf of governing boards, and in state and federal fisheries resource management processes. Of particular importance to this solicitation for a Fisheries Consultant, the proposer understands and fully appreciates the distinction between advocacy and neutrality. For most of his career, Mr. Lloyd has successfully and vigorously maintained a neutral stance on allocative aspects of fishery management issues while serving as ADF &G staff, NPFMC staff, and AEB staff. However, the proposer also has experience in and a thorough understanding of advocacy roles, having been responsible for promoting the state's interests on the federal NPFMC. As a sole proprietorship, Alaska Resource Consultancy does not require workers' compensation insurance. Mr. Lloyd does have business coverage for automotive liability, and can secure appropriate professional liability coverage if required. Proposed Fee The proposed fee for each proposal has been blanked out for confidentiality purposes until after negotiations and award of contract. The proposed fee for each proposal has been blanked out for confidentiality purposes until after negotiations and award of contract. References Mr. John Hilsinger, Retired Director Division of Commercial Fisheries Alaska Department of Fish and Game Anchorage, Alaska 907 -563 -0166 Mr. Hank Pennington Retired MAP Agent- University of Alaska Outdoors Columnist- Kodiak Daily Minor Kodiak, Alaska 907 -486 -2893 Dr. Douglas DeMaster, Director Alaska Fisheries Science Center National Marine Fisheries Service Juneau, Alaska 907 - 789 -6617 Contact Information Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak, AK 99615 907 -321 -1490 denby.11oyd@gmail.com Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak, AK 99615 -152! EDUCATION AND CERTIFICATES B.S. 1977. University of Alaska- Fairbanks. Magna cum laude; major in Biological Sciences. Emphasis in fisheries; secondary focus in economics. M.S. 1985. University of Alaska - Fairbanks. Biological Oceanography from the Institute of Marine Science; additional work in management. Certified Fisheries Scientist - American Fisheries Society. Associate - American Institute of Fishery Research Biologists. PROFESSIONAL EXPERIENCE 2007 to 2010 Commissioner Alaska Department of Fish and Game 2005 to 2006 Director - Division of Commercial Fisheries Alaska Department of Fish and Game 2000 to 2005 Regional Supervisor - Div. of Commercial Fisheries Alaska Department of Fish and Game 1998 to 2000 Regional Finfish Research Supervisor Alaska Department of Fish and Game 1992 to 1998 Chief Resource Analyst Aleutians East Borough 1990 to 1992 Director - Division of Commercial Fisheries Alaska Department of Fish and Game 1989 to 1990 Special Assistant for Natural Resources Office of the Governor 1986 to 1989 Plan Coordinator /Management Analyst North Pacific Fishery Management Council 1983 to 1986 Project Review Coordinator - Habitat Division Alaska Department of Fish and Game 1982 to 1983 Habitat Biologist Alaska Department of Fish and Game 1979 to 1981 Research Assistant - Institute of Marine Science University of Alaska - Fairbanks Within 1978 Fishery Biologist National Marine Fisheries Service 1973 to 1978 Fishery Technician/Biologist (seasonal) ADF &G /University of Alaska denbv. llovd@ mail. corn (907) 321 -1490 Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak AK 99615 -1521 COMMITTEE APPOINTMENTS /ASSIGNMENTS North Pacific Fishery Management Council Chair, Observer Advisory Committee, NPFMC UAF School of Fisheries and Ocean Sciences Advisory Council President, Western Association of Fish and Wildlife Agencies Executive Committee, Association of Fish and Wildlife Agencies Chair, Alaska Ocean Observing System Exxon Valdez Oil Spill Trustee Council NMFS Steller Sea Lion Recovery Team NPFMC Steller Sea Lion Mitigation Committee ADF &G Marine Protected Area (MPA) Task Force Alaska Steller Sea Lion Restoration Team ADF &G Technical Panel for the Sustainable Salmon Fisheries Policy Alaska Board of Fisheries Public Panel for the Sustainable Salmon Fisheries Policy NPFMC IR /IU (Improved retention /improved utilization of groundfish) Committee Alaska Scientific Review Group (ASRG) for marine mammals— advisory to NMFS and USFWS under provisions of the MMPA SWAMC (Southwest Alaska Municipal Conference) Fisheries Committee Scientific Advisory/Management Committees —North Pacific Universities Marine Mammal Research Consortium NPFMC Halibut Bycatch Cap Committee Chair, Governor's Resource Cabinet Coordinator, NPFMC Bering Sea /Aleutian Islands Groundfish Plan Team Coordinator, NPFMC Halibut Regulatory Amendment Advisory Group Resource Development Council (RDC) Fisheries Committee SCIENTIFIC CRUISE /COMMERCIAL FISHERY PARTICIPATION UA -F and UW oceanographic cruises (R/ V Acona, Alpha - Helix, T.G. Thompson) in the Bering Sea, Aleutian Islands, PWS, SE Alaska USCG icebreaker cruise (USCGC Polar Star) to Bering /Chukchi Seas Univ. Hokkaido (R /V Oshoro Maru) high seas salmon /squid gillnetting, Kodiak to Seattle NOAA (R/ V Miller Freeman) pelagic /demersal fishery survey, Gulf of Alaska NMFS / USFWS (R/ V Tiglax) sea lion /prey assessment, western GOA ADF &G (R/ V Resolution) shellfish /groundfish surveys, GOA /Aleutian Islands ADF &G /OCSEAP (R/ V Yankee Clipper and others) nearshore fish surveys, lower Cook Inlet/ Kodiak- Island NMFS Delta submarine surveys, SE Alaska Bristol Bay salmon drift and set gillnet North Peninsula salmon drift and set gillnet Dutch Harbor herring purse seine South Peninsula salmon purse seine Eastern Bering Sea pollock trawl Western GOA pollock and cod trawl Chignik salmon purse seine Kodiak salmon set gillnet Prince William Sound herring purse seine Copper River salmon drift gillnet denby.11oyd(dgmail.com (907) 321 -1490 Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak AK99615 -1521 SELECTED PUBLICATIONS Nelson, P.A. and D.S. Lloyd. 2001. Escapement goals for Pacific salmon in the Kodiak, Chignik, and Alaska Peninsula /Aleutian Islands areas of Alaska. Alaska Department of Fish and Game, Division of Commercial Fisheries, Regional Information Report 4K01 -66, Kodiak. Kruse, G.H., M. Crow, E.E. Krygier, D.S. Lloyd, K.W. Pitcher, L.D. Rea, M. Ridgway, R.J. Small, J. Stinson, and K.M. Wynne. 2001. A review of proposed fishery management actions and the decline of Steller sea lions Eumetopias jubatus in Alaska: a report by the Alaska Steller Sea Lion Restoration Team. Alaska Department of Fish and Game, Division of Commercial Fisheries, Regional Information Report 5J01 -04, Juneau. Lloyd, D.S. 1996. Relative effects of mixed stock fisheries on specific stocks of concern: a simplified model and brief case study. Alaska Fishery Research Bulletin 3: 21 -31. Lloyd, D.S. 1996. Relative effects of mixed stock fisheries on specific stocks of concern: application to fixed escapements and Norton Sound chum salmon. Alaska Fishery Research Bulletin 3: 32 -44. Martin, P.C. and D.S. Lloyd. 1996. Aspects of sockeye salmon smolt production in the Egegik River system of Bristol Bay, Alaska. Alaska Fishery Research Bulletin 3: 59- 63. Lloyd, D.S. and S.K. Davis. 1989. Biological information required for improved management of walleye pollock off Alaska. In: Proceedings of the International Symposium on the Biology and Management of Walleye Pollock. Alaska Sea Grant Report No. 89 -1. Pp. 9 -31. Smith, T.P. and D.S. Lloyd. 1989. Effects of bycatch allocations to trawl fisheries for groundfish in the Bering Sea. Presented to annual meeting of the American Fisheries Society, Anchorage, AK. Lloyd, D.S., J.P. Koenings, and J.D. LaPerriere. 1987. Effects of turbidity in fresh waters of Alaska. North American Journal of Fisheries Management 7: 18 -33. Lloyd, D.S. 1987. Turbidity as a water quality standard for salmonid habitats in Alaska. North American Journal of Fisheries Management 7: 34 -45. Lloyd, D.S., R.B. Smith, and K.A. Sundberg. 1987. Introduction of European wild boar to Marmot Island, Alaska. The Murrelet 68: 57 -58. Springer, A.M., D.G. Roseneau, D.S. Lloyd, C.P. McRoy, and E.C. Murphy. 1986. Seabird responses to fluctuating prey availability in the eastern Bering Sea. Marine Ecology Progress Series 32: 1 -12. Lloyd, D.S. 1985. Relation of breeding performance in kittiwakes to oceanographic and meteorologic conditions in the southeastern Bering Sea. Presented to annual meeting of the Pacific Seabird Group /Colonial Waterbird Group, San Francisco, CA. McRoy, C.P. and D.S. Lloyd. 1981. Comparative function and stability of macrophyte- based ecosystems. In: Analysis of Marine Ecosystems (A.R. Longhurst, ed.). Academic Press, London. Pp. 473 -489. Lloyd, D.S., C.P. McRoy, and R.H. Day. 1981. Discovery of northern fur seals (Callorhinus ursinus) breeding on Bogoslof Island, southeastern Bering Sea. Arctic 34: 318 -320. denby.11oyd igmail.corn (907) 321 -1490 A PROFESSIONAL CORPORATION Millennium Tower 719 Second Avenue, Suite 1150 Seattle, WA 98104-1728 VanNess «08; �.;� Fa Feldr an www.mtcom AT3 P NE YS AT LAW Washington, D.C. August 22, 2011 1202t 298-180D Mr. Rick Gifford Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 RE: Fisheries Consultant Services Proposal Dear Mr. Gifford, We are pleased to submit the qualifications of Van Ness Feldman, P.C. (VNF) to serve as Fisheries Consultant, working jointly on behalf of the local governments of Kodiak Island: the Kodiak Island Borough (KIB) and the City of Kodiak (City). Since its inception over thirty years ago, VNF has focused on assisting clients with environmental, natural resources, and energy issues. During this time, our firm has been intimately involved with issues affecting the management of natural resources in the State of Alaska. With offices in Seattle and Washington, D.C., our firm is ideally positioned to provide the Kodiak Island governments with full - service regulatory and policy monitoring and advice on fisheries resource issues affecting the Kodiak community and economy. Given our long involvement with natural resources issues in the State of Alaska, we arc well aware of the significant role that fisheries have for the community and economy of the Kodiak region. We also understand the subtleties of fisheries management and the need to balance the often competing biological, economic, and social factors to ensure that maximum benefits are derived from the resource. We offer the Kodiak Island governments the benefit of our long history of representing clients in • the fishing sector and our experience addressing issues associated with target species, vessel size, gear type, limited entry permits, quota share, limited license permits, and crew share interests. We appreciate your consideration of the enclosed proposal. Should you have any questions about our proposal, or the firm, please do of hesitate to contact me. Si •erely, I on KA / - Attachments: Proposal (Alask etice Overview and Attorney Biographies) VanNess ATTORNEYS AT LAW FISHERIES CONSULTANT SERVICES PROPOSAL f '. Prepared For Kodiak Island Borough and the City of Kodiak August _2 ?, 2011 SL U \II'! "11.10 L'S Tyson C. 'Cade, tck@vnfcom, 206.829.1808 Andrew M. Vanderjack, mmtnnfcom, 202.298.1971 FISHERIES CONSULTANT SERVICES PROPOSAL Van Ness Feldman (VNF) is pleased to present this proposal to serve as Fisheries Consultant to the Kodiak Island Borough (KIB) and the City of Kodiak (City). Our response follows the same order as set forth in the Request for Proposals. I. Implementation Plan Should VNF be selected to serve as Fisheries Consultant, Tyson Kade would serve as the lead project coordinator and primary point of contact for the firm. Tyson would attend all necessary meetings of the fishery management bodies and prepare the analyses and quarterly reports for the KIB and the City. To the extent that coverage is needed for fisheries issues in Washington. D.C., Andrew VanderJack would attend any meetings and provide the necessary analyses and reports. Other VNF professionals would be used as needed and appropriate. The VNF team would work closely with the KIB and the City to fulfill the full scope of services as detailed in the Request for Proposals. In addition to this general overview, VNF would undertake the following implementation plan: • Identification of Issues and Preliminary Analysis. The VNF team would work closely with the KIB and the City to identify and analyze the fisheries management issues that currently affect the Kodiak community and economy. VNF would provide a preliminary analysis of these issues to inform the monitoring plan and allow for the creation of a schedule necessary to track such issues before the relevant fishery management bodies. • Developing a Monitoring Plan and Schedule. The VNF team would work with the KIB and the City to develop the best plan, schedule, and practices that would fully support the successful monitoring, analyzing, and reporting on the relevant fisheries issues and policy developments. This would include anticipated meeting schedules and decision timefrantes for the identified issues pending before the National Marine Fisheries Service, State of Alaska Department of Fish and Game, International Pacific Halibut Commission, and other regulatory or legislative bodies. The monitoring plan and schedule would be updated during the course of the contract. o Monitoring of Relevant Fisheries Issues. Following the initial identification and analysis of issues, the VNF team would monitor all fisheries - related issues that affect the economy and people of Kodiak before the National Marine Fisheries Service, State of Alaska Department of Fish and Game, International Pacific Halibut Commission, and other regulatory or legislative bodies. The VNF team would monitor issues across the broad spectrum of species and gear types for impacts on the subsistence, recreational, commercial, personal, and processing sectors, as well as for impacts on the broader Kodiak community and economy. • Pre- Meeting Assessment. Prior to any meeting where such issues are scheduled for discussion, the VNF Team would provide an assessment of the fisheries issues affecting or impacting the economy and people of Kodiak. VNF anticipates that such assessment would provide sufficient background and analysis regarding the 1 relevant issues to allow the Borough Assembly and City Council to analyze and understand the issues and to make decisions or develop economic, scientific or policy positions on the identified issues. • Participation in Meetings. The VNF team would attend meetings of the North Pacific Fisheries Management Council, State of Alaska Board of Fisheries, and other fishery meetings as directed. At the direction of the KIB and the City, VNF could assist in the development of testimony or other comments that could be submitted by a representative of the KIB or the City in support of identified management positions. Following such meetings, VNF would provide a summary of all relevant issues, discussions and actions to the Assembly and City Council regarding potential issues that could impact Kodiak's economic and other interests. • Analysis of Proposed Regulations. The VNF team would provide an analysis of any proposed fisheries regulations affecting the Kodiak economy. Such analysis would consider implications under the Magnuson- Stevens Act, American Fisheries Act, NEPA, ESA, and State of Alaska authorities. The analysis of any proposed regulation would be provided in sufficient time to allow the K1B or the City to draft and submit an appropriate response to the relevant management agency, if desired. • Materials and Correspondence. The VNF team would provide copies of any relevant documents and materials released by the fishery management bodies in support of any pending fishery management decisions. At the direction of the KIB and the City, VNF could assist in the drafting of any materials and correspondence on their behalf. • Quarterly Reporting. The VNF team would provide written quarterly reports to both the Borough Assembly and the City Council. Such reports would include discussions or updates of ongoing concerns, summaries of proposed management measures, anticipated issues for future meeting, and a summary of work performed since the previous report. VNF will work with the KIB and City to identify a schedule for submission of the quarterly reports to best coincide with meetings of the relevant regulatory bodies. As needed, the VNF team would make presentations at joint KIB Assembly and City Council work sessions. II. Company Profile VNF was founded by former Senate and House staff in the mid- 1970s. Today, the firm has grown to more than 90 lawyers and policy professionals in Seattle and Washington, D.C., with a focus on energy, environmental, and natural resources law and policy. VNF has cultivated a unique practice by combining specialized areas of law practice with government relations, public policy, and legislative advice and representation. We serve clients both large and small - from individuals to large, global corporations. states, and municipalities. Our collaborative approach to our work offers clients a distinct advantage in crafting and implementing a business strategy for successful energy projects, and in finding solutions to the issues that sometimes can arise, 2 using advocacy and strategy to address evolving regional and national rules and legislation. Professionals at the firm have a long and extensive history of work in the State of Alaska. Firm professionals were involved in the drafting and enactment of many of Alaska's landmark federal laws, have served as staff counsel to members of the Alaska Congressional Delegation at various points through the years, and have worked in federal agencies with responsibility for Alaska land, natural resources, and environmental issues. Our client work in Alaska began with Arctic Slope Regional Corporation and its subsidiaries shortly after the firm was founded in 1977. Over the years, Alaska- related clients have included the Governor's Office, Power Authority, North Slope Borough, other Native Regional Corporations (ASRC, Doyon, NANA, and Sealaska), Village Corporations (Old Harbor, Alexander Creek, Inc.), oil companies (Shell, BP), fisheries (At -Sea Processors Association, Ocean Beauty Seafoods, Trident Seafoods, UniSea Inc.), cruise lines (Princess, Carnival), minerals (Cominco, Pebble Mining), chemicals (Agrium), a coalition to open Arctic National Wildlife Refuge to leasing, the Alaska Federation of Natives, and the Regional Corporations' CEO organization. A more detailed overview of the firm's Alaska practice is included with this response. We also invite you to visit our website at wgw.ynf III. Experience For more than thirty years, VNF has been intimately involved with issues affecting the allocation, development, and management of natural resources in the State of Alaska. This includes involvement with major fishery management issues before the National Marine Fisheries Service and the North Pacific Fisheries Management Council, and legislative issues before Congress. VNF understands the complexities and specialized needs of the various sectors relying upon Alaskan fisheries. Our attorneys have helped navigate clients through some of today's most complex, precedent - setting and controversial fisheries management issues. VNF uses its expertise to provide clients with vital legal and political counsel on a broad range of fisheries issues, including: • American Fisheries Act and Magnuson- Stevens Act implementation and compliance; • Fishery management council proceedings; • Limited entry permits and individual fishing quota issues; • Commercial transactions, including the formation and management of fishing co- operatives; • Regulatory compliance. including enforcement proceedings and litigation; • Design and development of legislative strategies; and • Regulatory accounting and financial reporting. 3 Our attorneys understand how to efficiently manage the federal and state regulatory and compliance issues associated with the various stakeholder groups participating in Alaska fisheries. We have also devised effective strategies for working with the Executive Branch, Congress, regional fishery management councils, state and local governments, citizen groups, the environmental community and other stakeholders. Our attorneys have worked with Alaska coastal communities and understand the nexus between viable fisheries and healthy local economies. Van Ness Feldman has in -depth experience with the most important federal laws impacting the fishing sector. For example, many of our attorneys have assisted clients on issues involving: the Magnuson- Stevens Fishery Conservation and Management Act; the American Fisheries Act; the National Environmental Policy Act; and the Endangered Species Act. Moreover, our attorneys have worked for federal resource agencies and have first -hand experience implementing and interpreting laws affecting various fishing sectors. The firm has particular experience with: Magnuson- Stevens Fishery Conservation and Management Act and American Fisheries Act. Van Ness Feldman's attorneys understand the Magnuson- Stevens Act and the unique rulemaking processes for issues that affect the various fishing sectors. Our attorneys are experienced in working with regional fishery management councils and the National Marine Fisheries Service. We know how to navigate the Council process by working closely with council members and their staff, agency representatives, and other stakeholders. We have assisted clients with limited entry permits and individual fishing quota issues, regulatory compliance, and the design and development of fisheries management strategies. National Environmental Policy Act (NEPA). Van Ness Feldman's attorneys have extensive experience in administering and managing compliance with NEPA. This experience has been gained through decades of service as advisors to industrial and manufacturing companies, as counsel to major industry associations, and through direct service as high -level officials in Congress and the Executive Branch. Our attorneys possess the requisite knowledge to analyze and interpret environmental documents and compliance materials regarding agency actions that expedite, sanction, or approve fishing activities. Endangered Species Act (ESA). Van Ness Feldman recognizes that fisheries management in Alaska can also involve issues relating to the ESA. Our attorneys have represented client interests in every venue in which ESA issues arise, including federal and state regulatory agencies, legislative and policy arenas, and federal courts. The firm has extensive experience counseling clients with respect to the legal framework of the ESA, agency consultation, and compliance with incidental take statement requirements in biological opinions. Through our representations in Alaska, the firm's professionals are very familiar with and actively follow ongoing developments involving the ESA in Alaska (e.g., listings, critical habitat designations, compliance, and litigation) and their importance to fisheries resources in the State. 4 IV. Credentials The experience, credentials, and qualifications of the professional "core team" VNF proposes to fulfill the requested scope of services are below. Tyson Kade, of the firm's Seattle office, would lead the team. Tyson has significant experience addressing fisheries issues on behalf of the firm. To the extent that the KIB and the City would require the monitoring of actions and pending decisions and attendance at meeting of the National Marine Fisheries Service Headquarters or Congress, Andrew VanderJack, of our Washington, D.C. office, would provide assistance. Tyson Kade, Associate Tyson's practice focuses on federal and state environmental and natural resources law, with an emphasis on fisheries and ESA issues in the Pacific Northwest and Alaska. Tyson has provided counsel to a number of clients in Alaska on fisheries issues and is a frequent attendee at meetings of the North Pacific Fisheries Management Council. Specifically, Tyson has advised clients on issues associated with the crab rationalization program, including quota management and issuance, transfer of quota shares, the arbitration process, and the underlying authorization for the program. Tyson has also advised clients on issues associated with the groundfish fishery and the ability of vessels to discharge waste associated with fishing operations. In addition, Tyson has assisted clients with business transactions associated with the fishing industry, such as the sale of vessels and fishing quota. Prior to attending law school, Tyson worked for the National Marine Fisheries Service as a fisheries management specialist in Washington, D.C. In that capacity, he drafted regulations and environmental analyses regarding the highly migratory species fisheries in the Atlantic Ocean. He also participated in international fisheries management issues and served as a member of the U.S. delegation to the International Commission for the Conservation of Atlantic Tunas. Tyson has a Master of Environmental Management degree from Duke University. His studies focused on scientific and policy issues associated with fisheries management. Tyson also has a Bachelor of Science degree (Biology) from Davidson College. Andrew Vander,lack, Andrew's practice focuses on environmental and natural resources issues including legislative and hydroelectric matters. Andrew grew up in Alaska and has worked in the State as a naturalist and guide, wildland fire fighter, and seine fisherman. Prior to joining the firm, Andrew also worked for two years in the Washington, D.C. office of Senator Ted Stevens (R -AK). Andrew offers clients doing business in the region a unique perspective and understanding of the opportunities and challenges they may face. Andrew represents a number of Alaska entities, including municipalities, natural resource developers, and Alaska Native corporations, on a variety of federal issues, including fisheries and environmental issues, before Congress and federal agencies. Andrew is a member of the Alaska bar. 5 Several other key professionals with experience that might be useful depending upon needs during the contract period are listed below. Richard Agnew, Member Rick represents a variety of clients, including Alaskan corporations and Alaska Native groups, before Congress and federal agencies, particularly on matters relating to federal laws and permits governing energy projects, environmental matters, and the uses of natural resources. Specifically, Rick provides strategic counsel to Alaska clients on the ESA implications of climate change, resource development, and land management. Rick served as Chief Minority Counsel to the Committee on Interior and Insular Affairs (now the Committee on Resources) in the United States House of Representatives from 1985 to 1991. As the chief Republican legal counsel on the committee with primary jurisdiction over federal land and water use legislation, Rick was extensively involved in issues related to the ESA; uses of minerals and other resources derived from public ownership; national parks, wilderness areas and other matters of federal land use; and Native American law. Rick is a member of the Alaska bar. Malcolm McLellan. Member Malcolm practices in the areas of administrative and commercial law, representing users of natural resources. His practice focuses on the regulation of electricity, transmission, and Alaskan fisheries. Malcolm has an intricate knowledge of the technical, legal and business considerations facing the fishing industry. He serves as counsel to the Alaska Crab Processors Arbitration Organization, and represents clients in a variety of business transactions involving the fishing industry. He has significant experience counseling on rulemakings, compliance, project development, and complex, international, multi -party agreements. Steve Seward, Member Steve represents Alaska Native Corporations in business transactions, natural resource development and implementation of the Alaska Native Claims Settlement Act. He is especially interested in developing and sustaining viable energy supplies and economic opportunities in rural Alaska. Steve's experience includes leading mergers & acquisitions and other organic business transactions throughout the United States and internationally, w ith a focus on the Pacific Northwest and Alaska. He also has extensive experience counseling businesses in a wide range of industries including natural resources, broadcasting, food processing, construction, technology, manufacturing and professional services. Steve is a member of the Alaska bar. In addition to the team of professionals listed above, the Kodiak Island government will benefit from access to any firm professional whose expertise can be brought to bear as needed and in an efficient manner. V. Proposed Fee The proposed fee for each proposal has been blanked out for confidentiality purposes until after negotiations and award of contract. The proposed fee for each proposal has been blanked out for confidentiality purposes until after negotiations and award of contract. VI. References 1. Teresa Imm Vice President, Resource Development Arctic Slope Regional Corporation 3900 C Street, Suite 801 Anchorage, Alaska 99503 907 - 339 -6014 direct timm @asrc.com 2. Stephanie Madsen Executive Director At -sea Processors Association P.O. Box 32817 Juneau, AK 99803 907 -523 -0970 smadsen @atsea.org 3. James Mery Vice- President, Lands and Natural Resources Doyon, Limited I Doyon Place Fairbanks, AK 99707 907- 459 -2039 meryj@doyon.com VII. Insurance Coverage VNF holds appropriate insurance covering each of the proposed team members listed above. VNF can provide certificates of such insurance coverage upon request. VIII. Business License VNF has applied for an Alaska Business License. 7 IX. Closing VNF would be pleased to have the opportunity to serve as Fisheries Consultant to the KIB and the City. We believe our team is uniquely qualified to provide monitoring, analysis, and reporting on fisheries issues affecting the Kodiak community and economy. Thank you for your consideration. Attachments Description of VNF's Alaska Practice Full Biographies of VNF Team Members 8 t >tr" 4 ( h R � I S v.+ "r 1 ' re' t 4 hi .} v= I! a v �s . F4; a . , u ; 7l -a k ��{ I t i 4�' � � a1 � .- - Washington,.fg 0 fi3II11MSTS 0 www.vntcom ALASKA PRACTICE \ t i IC NI ) \\, \I . . \S K \ With a practice focused on energy, • Preparing federal and state licenses environment, and natural resources, the and permit applications. Van Ness Feldman attorneys have in depth experience and understanding of firm counsels developers and companies e P xP $ Fisheries 14N and Transactions federal and state laws, regulations, and on state and federal energy regulatory policies that govern or affect business in and environmental liability issues in Van Ness Feldman understands the Alaska. This includes counsel with complexities and specialized needs of Alaska. Our professionals have been respect to proposed regulations, prepara- the commercial fishing industry in Alaska. involved in the drafting and enactment of many of Alaska's landmark federal laws, don of complex permit applications, and Our attorneys have helped navigate actions involving regulatory decisions. clients through some of the most have served as staff counsel to Members congressional delegation, complex, precedent - setting and of the Alaska con 8r ga Oil and Gre I hvelopmeut Imes controversial fisheries management issues and have worked in federal agencies with The firm advises clients on land and of the day. Our clients participate in responsibility for Alaskan land, natural natural resources matters related to oil virtually all sectors of Alaska's commercial resources, and environmental issues. and gas development. Our attorneys have fishing industry, representing commercial I`L\ , It )N \I \N 1) been involved in every major federal fishing and fish processing companies, energy and environmental law and commercial fishing associations and NATIONAL IONAI . I NS itt fl I I regulation since 1977. Our firm provides coalitions, and Alaska Native enterprises Our lawyers and legislative professionals strategic counsel on the Alaska natural on a range of matters, including: have excellent working relationships with gas pipeline project to ensure the delivery • American Fisheries Act and Magnuson - Members of the Alaska congressional of natural gas to markets in the lower 48 Stevens Act implementation and delegation and other key policy makers states, by negotiating with federal and compliance; in the Congress, the executive branch state agencies and officials, and helping to agencies, and the State of Alaska create a legal and regulatory environment 'Fishery management council government. The firm represents clients favorable to this important project. proceedings; in Alaska and Washington, DC on a wide In addition, the firm assists clients on • Limited entry permits and individual range of matters, including major federal oil and gas lease sale issues. fishing quota issues; environmental issues that arise in energy Our services include: • Commercial transactions, including • and natural resources development, • Monitoring the development of federal the formation and management of fisheries management, and matters of energy and environmental legislation fishing co- operatives; concern to Alaska Natives. Our attorneys and regulations; • Regulatory compliance, including have the knowledge and relationships to • Preparing advocacy' documents for enforcement proceedings and efficiently guide our clients in attaining federal and state legislative hearings, litigation; their goals. including the preparation of testimony and drafting amendments; Design and development of legislative t WI.: EXI'ERI I:NCIi g strategies; and • Reviewing, analyzing and assessing • Regulatory accounting and financial Land and Nata Resources Issues federal and state proposed regulations, reporting. Van Ness Feldman has substantial including preparing comments on experience assisting our clients proposed regulations; rl /¢vkn Native Icon: c in securing land use and environmental • Serving as strategic counsel with Alaska Native Corporations, permits from federal and state agencies respect to permitting, and ensuring communities, and many other entities for energy and other development development of associated encounter a variety of issues arising projects and in dealing with environ- administrative records to support under the Alaska Native Claims mental issues in Alaska. permitting decisions; Settlement Act (ANCSA), the Alaska ■ r �r "" . • J r. 4 e LL441 ", 'n Y' y #. .1 -�1 ti J ' Sa - National Interest Lands Conservation • The firm has represented Alaska government agencies, courts and Act (ANILCA), and other laws that affect Native Corporations in land legislative bodies. Native communities in Alaska. Our exchanges, providing important • The firm represented the interests members and professionals have economic benefits for Alaska Natives of Alaska Natives subjected in the e and experience and enabling the United States to considerable knowledge p mid- 1950's by the U.S. military to in representing Alaska Native Regional acquire high value public interest lands medical tests involving radioactive and Village Corporations and other in National Parks and other reserves. Iodine 131, without their knowledge Alaska Native organizations on a wide • The firm represents the largest seafood or consent; working closely with a range of issues, including: processing companies in the Presidential commission on human Northwest in seeking regulatory exposure to radiation as well as the • Conveyance of lands to Alaska Native changes to fisheries management rules U.S. military and the Alaska Corporations; to provide much needed efficiencies in congressional delegation, the firm • Completion of land exchanges between the nation's largest fisheries. These negotiated a settlement for those Alaska Native Corporations and the changes will allow for maximizing affected. federal government; consumer benefits while continuing to • The firm represented an Alaska protect fisheries resources for municipality before the federal • Drafting and securing enactment of generations. Environmental Protection Agency, technical amendments to ANCSA; • The firm has represented the State of the State of Alaska Department of • Advocacy on other Native issues, such Alaska and rural Alaska communities in Environmental Protection, and as health, education, and cultural the pursuit of federal permits for Congress to identify federal funding preservation; hydroelectric facilities in Alaska. and to negotiate a settlement under • Consultation on business transactions • The firm has counseled Alaska Native which toxins dumped by the U.S. and strategic planning; Corporations on major oil and gas military in community waters were development with federal agencies to removed. • Securing federal appropriations or allow sustainable use of Native lands. • The firm has helped create and grants; and has represented Alaska Native non- • The firm has provided counsel to • Protection of subsistence fishing rights. major cruise ship operators regarding governmental organizations in National Park Service concession developing relationships with federal RltPlil(, F:\ l:•C! I \`I ,1i: \ - 1 - 1 lil:a and state agencies, and to identify contracts and entry permits into federal funding that would ensure • The firm represents the successful National Parks in Alaska. those organizations continue to AGIA licensee of the Alaska Gas • The firm has represented several operate and are able to represent Pipeline project that will transport Alaska Native Corporations on a broad - their respective communities before natural gas from Alaska's North Slope range of administrative, regulatory, and important national and international to the lower -48 states. other matters before federal and state representative bodies. ABOUT VAN NESS FELDMAN T ' Tess Kith 00 prnkssiun:ds in 11'atihintpon, DC and Seattle, WS, Van \c., Feld V nran focuses on tau and policy an rehiring to: Electricity Energy Efricicnry and Sllla Grid; Envirointent; Climate Change: Rencs,ahie Energy. Clean Tech, and Bioluels; Coil and CGS; Natural (:ac Nuclear Encr :); Hydropooer; tafuumcrure Flel Development; Indian Law; Oil & Products Pipelines: Public Land, & Na tnnil Res m9 roes; and Transportation. Rick Agnew 210.8'0.18 I? nta4asatf.cmn Dan Pres 292198.188' 11 " Washington, DC I Seattle, WA j www.vnf.com Andrea Hudson -'02.- ' alhMO`vnf.cnw Sine Richard:on 202.298.1601; rsr<gvnf.cmn Campbell Thin Robert; 202.208.19311 rcriavnLcom 40)2011 An Ness Feldman, P. C. Trion l:zde 216.820. I8f18 tcicRuil.cunt Jonathan Simon 202.2 v:Ci. ni.mnt All Rights Reserved. This document has been prepared by . \latt Lure 2463820.1 :809 111.11anlicom Alike Steiger 292_'08.18'1 inasxiviu. nun Van Ne ss Feldman for informational purposes only and is Alan Mintz - '11.208.18;% ahu?vnfcom Bill V.,0 Nos 206.5 Inn€mfeom not a legal opinion. does not provide legal adsice Sir any Curt Alunatt 22.298.1885 jcoi UCnf.runm :\its Vander) ack 2 _02_ 2 "8.1 a Ill stirntCOnt pug ome, and neither creates nor constitutes e.idence of an d lark, Palumbo 214879.1S10 maps''vnfc,in Julia \\ el 202'9x.1938 jssv vtif.eoin anorney- client relationship. Varr■ess Feldman ;P L, Tv,on C. kale i Tyson Kade's practice focuses on federal and state environmental and natural resources law. , \Ir. Kade counsels clients on regulatory compliance and permitting matters, particularly those involving endangered species, fisheries, hazardous waste, hydroelectric, and renewable energy issues in the Pacific Northwest and Alaska. a I Specifically, Mr. Kade provides clients with strategic guidance on Endangered 87 . Species Act and Clean Water Act compliance and liability issues. He also advises 206 206.829.1808 on Magnuson- Stevens Fishery Conservation and Management Act issues in %Vest Practice Areas Coast and Alaska fisheries. In addition, Mr. Kade has experience with project Climate Change, Glenn Technology, & permitting issue resolution, such as those involving water rights, oil and gas Renewable Energy development, seafood processing, vessel discharges, and hydropower relicensing. Rne'xy Regulation & Compliance Mr. Kade also represents clients in challenging administrative penalties associated Environment, Natural Resources, & with violations of hazardous waste and air monitoring laws and FERC compliance Public Lands regarding the development of an electric transmission planning process. Government Relations & Public Polity Litigation lrC i'(7'ilrl /i'A! ."t'! :' in. Pmjmr Development, Transnoions & Judicial Extern, Hon. James L. Robart, U.S. District Court for the Western District FimanCe of Washington, Summer 2005. Education Law Clerk, Environment & Natural Resources Division, U.S. Department of J.D., with honors, University of Justice, Summer 2004. Washington School of Lrrw, 2006 (Articles Editor, Washington Lmv Fisheries Management Specialist, National Marine Fisheries Service, U.S. Review) Department of Commerce, 2000 -2003. D f.E :hL, Duke University, 2000 B.S., Davidson College, 1996 P7'O /t'ssio ;Nl and ('iia(.-h)tliatiollc Bar and Court Admissions • Washington State Bar Association, Environmental and Land Use Law Washington j Section • King County Bar Association, Environmental Law and Land Use Section • Advisor}' Board, Washington Journal of Environmental Law & Policy Publications Tyson Kade, Endangered Species Act, Impacts of Compliance in Alaska, Alaska Business Monthly (Aug. 2010). Tyson Kade & John Iani, Clean Water Act Enforcement, EPA Issues New Action Plan, The Water Report (Nov. 15, 2009). William H. Rodgers, Jr. et al., The Exxon Valdez, Reopener: Natural Resources Damage Settlements and Roads Not Taken, 22 Alaska L. Rev. 135 (2005). Washington, DC I tiuttle, \VA I rri.rafmm Vai ess Feldman Ott i Andrew Al. A „ Andrew VanderJack's practice focuses on environmental and natural resource law and policy. Clients benefit from the legal knowledge and perspective Mr. VanderJack has gained through employment within the executive and legislative branches of the Federal government, as well as his experience working in the "—' nation's parklands, forests, and Bureau of Land Management lands. amv@vnf.com 202.298.1941 f'r'ufrs.' unal 1 /1(k :roan/! Practice Areas During law school, Mr. VanderJack served as the Legal Intern to the General Climate Change, Clean Technology, & Counsel for the President's Council on Environmental Quality (CEQ). At CEQ, Renewable Energy Mr. VanderJack worked on diverse issues of federal environmental policy, including Environment, Natural Retourres, 6 the federal relicensing of hydroelectric facilities, application of the National Public Lands Environmental Policy Act to the construction of new nuclear power plants, and the Government Relations & Public Policy role of multiple federal agencies in preventing the import of illegally- harvested timber into the United States. Mr. VanderJack also worked as a Legal Intern in the Education Office of Enforcement and Compliance Assurance at the U.S. Environmental 3.D., George Washington University Protection Agency. Law School, 2008 R.A., Lewis & Clark College, 2000 Earlier in his career, Mr. VanderJack covered such areas as federal timber policy, regulation of fisheries, and the impact of federal programs on the Alaska Native Bar and Court Admissions community as a staff member to Senator Ted Stevens. District of Columbia Mr. VanderJack's background also includes experience as a deckhand on a seine -net fishing boat, as a wildland firefighter, and as a naturalist and kayak guide in Alaska, where he grew up. Government Service Legal Intern to the General Counsel, President's Council on Environmental Quality, 2006-2007 _ Legal Intern, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2006 Legislative Correspondent, Senator Ted Stevens (R -AK), U.S. Senate, 200 1 -2003 1 Vashingtnn, DC I Seattle. WA I uvr:nf VanNess Feln Pich.Ird .\. Agnew ^yY member I i Rick Agnew represents a variety of clients before Congress and federal agencies, particularly on matters relating to federal laws and permits governing energy projects, environmental matters, and the uses of natural resources. • As Chief Minority Counsel for the Committee on Interior and Insular Affairs (now the Committee on Natural Resources) of the U. S. House of Representatives, Mr. 06.82 Agnew supervised committee staff in a wide array of federal issues, involving natural 206.829.1815 S I resources, Native Americans and energy production and use. He also was involved Practice Areas in the effort to revitalize Pennsylvania Avenue and Union Station in Washington, Climate Change, Clean Technology, & DC. Today, Mr. Agnew uses that experience to assist firm clients secure funding or Renewable Energy permit authorizations for energy and transportation projects as well as the Energy Regulation & Compliance redevelopment of communities after significant natural disasters or other economic Evironment, Natural Resources, rr loss. His recent or ongoing representations include: Public Lands Government Relations & Public Policy • Recently assisting in securing nearly $10 million in federal funding for a Project Development, Transactions, u^ community in Washington state, to redevelop and revitalize a now closed Finance pulp mill site for economic development purposes. • Securing funding for initial studies for a municipal wastewater treatment Education facility in northwest Washington state. J.D., Seattle University School of Lavi, 19 79 • Providing counsel to a corporation seeking to provide transportation access B.A., University of Washington, 1973 to a proposed economic redevelopment project for areas damaged in the 1993 Mississippi River floods. Bar and Court Admissions I • Alaska Providing counsel to a large group of utility customers of the Bonneville Power Administration in major litigation involving federal Power Marketing Washington Administration costs related to compliance with the Endangered Species Act (ESA) to ensure accountability and effective salmon recovery use under the Act. • Counseling a major hydroelectricity generating utility seeking permit authority under Section 10 (Habitat Conservation Plans) of the ESA. • Successfully forming a four -state legislative initiative to establish and secure funds for the coastal Pacific salmonid initiative, resulting in $600 million over the past seven years. • Representing an agricultural trade association on various natural resource matters before Congress and federal agencies. • Counseling an Alaska Native Corporation on major oil and gas development and land exchanges with the U.S. Fish and Wildlife Service to allow full economic use of Native lands. Washington, DC I Seattle, WA I a n rm VanNess Feldman a Providing counsel to major cruise ship operators regarding National Park Service concession contracts and entry permits into Glacier Bay National Park. a Counseling several Pacific Northwest public utilities on hydroelectricity rclicensing proceedings, including state certification under Section 401 of the Clean Water Act. Mr. Agnew is active in Bar Association Continuing Legal Education activities and is a frequent speaker on natural resource and electric policy issues. fn! crilini111 U.S. House of Representatives a Chief Minority Counsel/Staff Director, Committee on Interior and Insular Affairs, 1985 -1991 a Republican Counsel, Subcommittee on Public Lands and National Parks, 1983 -1985 a Staff Counsel, Congressman Don Young (R -AK), 1980 -1983 'r l� rry issiur, ri am/ Ci:dr . ! f /,Gnr ,rr a Chairman, Board of Ethics, City of Federal Way, Washington (Human Services Commission, 1999 - 2005); (Chairman, Human Services Commission, 2005); (Planning Commission, 2006- 2007); (Board of Ethics, 2007- present) Washington, DC I Seattle, AN I uv--c.:nlmm VanNess Fc ldman tAlalcolm C. A lcLellan == Malcolm McLellan practices in the areas of administrative and commercial law representing users of natural resources. His practice focuses on the regulation of electricity, transmission, and Alaskan fisheries. Malcolm has an intricate knowledge of the technical, legal and business considerations facing electric utilities, as well as a depth of practical experience gained from working with the operators of mem@amEcom interconnected electric systems and marketers in the Western Interconnection. He 206.829.1814 has significant experience counseling on rulemakings, compliance, project development, and complex, international, multi -party agreements. Representative Practice Areas Energy Counseling Matters Include: Climate Change, Clean Technology, & Rene-amble Energy Canadian/American Trade Energy Regulation & Compliance Environment, Natural Resources, & ° Representing Canadian and American electric utilities on issues relating Public Lands to cross border trade, coordinated operations, and implementation of the Comma en: Relations & Public Policy Columbia River Treaty. Litigation Compliance Project Development, 7rnnmrtions, cz h ■ Developing comprehensive energy compliance programs. Education ■ Defending enforcement actions and investigations. 9. D., cum Jamie, Goazaga University • La School, 1991 Advising on Open Access Transmission Tariff and business practice compliance issues, reliability standards, standards of conduct, market BA., Economics, ngton 1 University of behavior rules, interlocking director rules, electronic quarterly reporting, and Washington, 1989 accounting rules. Bar and Court Admissions ■ Obtaining agency interpretations and guidance. Washington U.S Court of Appeals far the Ninth Infrastructure Planning and Development Circuit U.S. Counof Appeals for the District • Advising electric transmission developers and transmission planners. of Columbia Circuit • Advising solar, wind and hydroelectric generation developers in the Western U.S. District Courts for the Eastern Interconnection, Hawaii and Alaska. and Western Districts of Washington • Performing due diligence associated with the purchase of generation facilities in the Northwest and power purchase agreements. • Creating of the ACE Diversity Interchange tool, used in the Western Interconnection to manage area control error among participating electric balancing areas. j • Negotiating the Rocky Reach and Rock Island Hydroelectric Projects' Anadromous Fish Agreements and Habitat Conservation Plans, and associated biological options for the protection of salmon and steelhead in the Columbia River. l4'ashinpnn, DC I Seattle. WA I exs.:nfmm VanNess Fbelclnnan Market Formation • Counseling the Idaho Power Company in plans to form a regional transmission organization in the Pacific Northwest known as RTO West and Grid West. • Counseling the Public Utility District No. 1 of Chelan County, Washington in a process intended to form an independent system operation in the Pacific Northwest known as Indego. • Counseling on the creation of the Mid -C trading hub. Power Trading • Negotiating custom bilateral power sales agreements, and power purchase agreements, for transactions in the Western Interconnection, and negotiating transactions based upon the Western System Power Sales Agreement. • Negotiating customized real -time hydroelectric marketing agreements. • Negotiating the Mid- Columbia Hourly Coordination Agreement to enhance coordination of hydroelectric projects in the area. Fisheries Matters • Counseling the Alaska Crab Processors Arbitration Organization, and the Alaska Affiliated Crab Harvester Arbitration Organization, in the implementation of National Marine Fisheries Service's Bering Sea and Aleutian Island Crab Rationalization Program. • Counseling the At Sea Processors Association on the development of a program consistent with National Marine Fisheries Service regulations limiting Chinook salmon bycatch in the harvest of pollock in the Eastern Bering Sea. • Representing Nippon Suisan (U.S.A.), Inc. in an exchange of limited partnership ownership interest in the fishing vessel Alaska Ocean, for stock in the Glacier Fish Company. Profi.s'shnml and Civic . - 1 ffilwtionc • USO Council for the Puget Sound Area (Chairman of the Board) • Boy Scout Troop 647, Mercer Island, WA (Scoutmaster) • Cub Scout Pack 624, Mercer Island, WA (Former Cubmaster) • Washington State Apple Blossom Festival Association (Legal Consultant) • Mercer Island Presbyterian Church • Alercer Island Beach Club • Seattle Yacht Club Puhliartiwis Malcolm (McLellan & Carol Opatrny, 1VlaintaininKy Balance: Inn wwation in Power System Balancing Authorities, 1 Washington Journal of Environmental Law & Policy I (July 2011). Vashington, DC I Seattle, WA I zuv.:nfmn VanNess Feldman Steven "I`. Seward member Much of Steve's work involves representation of Alaska Native Corporations in business transactions, natural resource development and implementation of the '+ Alaska Native Claims Settlement Act. Fie is especially interested in developing and sustaining viable energy supplies and economic opportunities in rural Alaska. Steve's experience includes leading mergers & acquisitions and other organic stsWhmEcom business transactions in well over a hundred matters throughout the United States 206.829.1820 and internationally, with a focus on the Pacific Northwest and Alaska. He also has Practice Areas extensive experience counseling businesses in a wide range of industries including Environment, Natural Resources, & natural resources, broadcasting, food processing, construction, technology, Public Lands manufacturing and professional services. Project Development, Transactions, & Finance Steve's diverse practice emphasizes acquisitions and dispositions and the many tax, finance, and related issues associated with the purchase or sale of a business. His Education counseling practice encompasses the numerous financial, legal, and regulatory LL.111., Taxation, University of issues often encountered by startup companies. In addition, Steve advises operating Washington entities on strategic planning, succession, and similar business life -cycle J.D., new bade, Harvard Las School, considerations. 1986 B.A., Honors in Economies, University Prior to joining the firm, Steve was a solo practitioner with a national practice. He ofTeras, 1972 also was a partner with Wickwire Greene Crosby Brewer & Seward, a firm he co- founded, and with the Seattle office of Heller Ehrman. Previously, he was the Bar and Court Admissions Senior Assistant to Governor John V. Evans (DAD) and State Budget Director of Alaska the State of Idaho. Idaho Washington Representative Matters United States Supreme Cann Business Ventures and Formation United States Conic of Appeals, Ninth Circuit • Forming, growing and ultimately selling a television and radio conglomerate with assets on both coasts. • Representing an internet radio streaming company from formation through sale of business. • Managing acquisitions for a national engineering fine and the ultimate sale of that business. • Creating a joint venture with U.S. and Russian partners for an oil field services business on Sakhalin Island, Russia. • Forming a joint venture between two former competitors for the primary concession at one of the nation's premier national parks. • Representing a wireless communications infrastructure company from formation through the sale of the business. Washington. DC 1 Seattle. WA I s ;.:nf.,mn VanNess �blcdrnan Business Counseling, Finance and Negotiations • Recently representing investors in an international telecommunications company, a large natural gas storage project, and condominium projects in Eastern Europe. • Negotiating financing and leasing for a major, mixed -use commercial project, and related refinancing in connection with the economic downturn. a Resolving a dispute with a foreign government in Central Asia over rights to an oil field. • Negotiating a large master lease for a major office building and managing subsequent subleasing activities. • Engaging in strategic and succession planning activities for businesses ranging from small family owned enterprises to multi- billion dollar conglomerates. • Negotiating the leases, unit agreements, exploration agreements, and related matters in connection with oil & gas and coal projects in some of the largest fields in North America. • Settling a tax valuation dispute with the IRS involving hundreds of millions of dollars. • Negotiating dozens of waste management franchises with large municipal governments. ( ortrn;ncul Semite Senior Assistant, Governor John V. Evans (D -ID), 1977 -1981 State Budget Director, State of Idaho, 1981 -1983 Professional and Chic Affiliations • Board of Directors, Student Conservation Association, 2009 - Present • Member, Board of Directors, Independent Colleges of Washington, 2004 -2010, 2011- Present • Adjunct Professor, University of Washington School of Law, Graduate Tax Program, 2004, 2005 • Chair, Condominium Act Study Committee, 2004 -2005 • Member, Northwest Commission on Colleges and Universities, 2001 -2006 • Chair, Washington State Intangibles Taxation Committee, 1995 -1996 • Chair, Washington State Higher Education Coordinating Board, 1991 -1993 • Chair, Washington State High Technology Study Committee, 1992 -1993 • Chair, Washington State Software "Taxation Committee, 1990 -1991 • Member, Washington Governor's Capital Forum, 1990 • Member, Governor's Committee on Washington's Financial Future, 1987 -1988 Hong; c' Distinctions • Seeper Lmvyerr; 2002 - 2011 • Boyd Martin Award for outstanding service benefiting Idaho cities. \'ashin DC I Seattle, WA I rannfmm 1 • O ocit Ave" This is a breakdown of updated costs from DA Hogan, the City's engineering firm for the Baranof Park Project. Because of the necessary depth of non -frost susceptible material, it is not possible to begin consiruction with just the two million dollars received from the state. Phase 1 Base Bid - Synthetic Turf Field 2,256,414 • Field Alternate Bid Items 20,400 Field Potential Additional Improvements 6,392 Alternate Bid #1 - Rubberized Track Surfacing 675,502 Subtotal— 2,958,708 Phase 11 Alternate Bid #1 — Additive Alternate Items 106,760 Alternate Bid #2 — West "D" Zone Synthetic Turf 199,234 Alternate Bid #3 — East "D" Zone Rubberized 423,511 Surfacing Alternate Bid #1 — Additive Alternate Items 28,263 Alternate Bid #4 — Baseball Infield 558,936 Phase 11 Subtotal 1,316,704 Grand Total— 4,275,412 Ian Fulp— Director City of Kodiak Parks & Recreation 410 Cedar Str., Kodiak, Alaska 99615 (907) 486-8670, fax (907) 486 -8674 ifulp@city.kodiak.ak.us r ` L 4 1 Kodiak Parks and Recreation Baranof Park Field and Track Reconstruction Synthetic Turf Field and 6 Lane Track Construction Cost 7 DA H O G A N Estimate 18- Aug -11 Base Bid - Synthetic Turf Field $ 2,256,414 Field Alternate Bid Items $ 20,400 Field Potential Additional Improvements $ 6,392 Alternate Bid #1 - Rubberized Track Surfacing $ 675,502 Alternate Bid #1 - Additive Alternate Items $ 106,760 Alternate Bid #2 - West "D" Zone Synthetic Turf $ 199,234 Alternate Bid #3 - East "D" Zone Rubberized Surfacing $ 423,511 Alternate Bid #1 - Additive Alternate Items $ 28,263 Alternate Bid #4 - Baseball Infield $ 558,936 Baranof Park Field and Track Renovation - 6 Lane Preliminary Construction Cost Estimate Page 1 of 1 KODIAK ISLAND BOROUGH REGUILORETING 0 L s(bw Regulat=Ntecting of: S r CE 13 Please PRINT your name Please PRINT your name l v ■ ck L j,}F 3 ravncAar\ �1a�1 \ jI ��v 1 I'�8 0� Jo. � nouI L ��4 a, n CVVcc'J tom- �`'� • n I . / )2_ �� i li_s r .5 m✓L L LO , / A,C)rl ; `N ) C ' ovt0.S A retrrsot i �� v U,-,— 4 ^- ) Jot /Ma f IS102 ,W; Z-S ikx Po, ( . al W 7 AA-C l Xyl C l co) 6 n we.,( k AA ze € LstYltav A I4 ge< Dyi, y. V- p .-.00)3 f r g-e. --- sc,9h Matiu0/