Legislature(2023 - 2024)ANCH LIO DENALI Rm
08/28/2023 02:00 PM Senate LEGISLATIVE COUNCIL
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
AUGUST 28, 2023
2:00 PM
MEMBERS PRESENT
Senator Elvi Gray-Jackson, Chair
Representative Kevin McCabe, Vice Chair
Senator Click Bishop
Senator Matt Claman
Senator Jesse Kiehl
Senator Bert Stedman (alternate)
Senator Gary Stevens
Representative Bryce Edgmon
Representative Sara Hannan
Representative Craig Johnson
Representative George Rauscher
Representative Dan Saddler
Representative Cathy Tilton
MEMBERS ABSENT
Senator Lyman Hoffman
Senator Donny Olson
AGENDA
APPROVAL OF AGENDA
APPROVAL OF MINUTES
CONTRACT APPROVALS
COMMITTEE BUSINESS EXECUTIVE SESSION
OTHER COMMITTEE BUSINESS
SPEAKER REGISTER
Jessica Geary, Executive Director, Legislative Affairs
Agency (LAA)
JC Kestel, Procurement Officer, LAA
Rayme Vinson, Chief of Security, LAA (Executive Session)
I. CALL TO ORDER
2:02:56 PM
CHAIR GRAY-JACKSON called the Legislative Council meeting
to order at 2:03 pm on August 28, 2023. Present at the call
were: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton.
Twelve members present at the call.
Senator Stevens joined the meeting at 4:32 pm.
II. APPROVAL OF AGENDA
2:04:31 PM
VICE CHAIR MCCABE moved that Legislative Council approve
the agenda as presented.
The agenda was approved without objection.
III. APPROVAL OF MINUTES
2:04:52 PM
VICE CHAIR MCCABE moved that Legislative Council approve
the minutes for April 18, 2023, as presented.
The minutes were approved without objection.
IV. CONTRACT APPROVALS
a. Anchorage Legislative Office Building (ALOB) Building
Contracts
i. Janitorial Contract Renewal
2:05:15 PM
VICE CHAIR MCCABE moved that Legislative Council approve
Renewal Number 2 of the contract for janitorial services
with Q1 Services, LLC, in the amount not to exceed $56,000.
CHAIR GRAY-JACKSON objected for the purpose of discussion
and asked Mr. Kestel to speak to this item.
JC KESTEL, Procurement Officer (LAA), said contract Renewal
Number 1 with Q1 Services, LLC for janitorial services at
the ALOB expires August 31, 2023. The second renewal option
is for the period of September 1, 2023, through August 31,
2024. If approved, there would be three one-year renewal
options remaining before a new solicitation must be issued.
There was no discussion and Chair Gray-Jackson removed her
objection.
2:07:10 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton
NAYS: None
The motion passed 12-0.
ii. Snow Removal Contract Renewal
2:07:50 PM
VICE CHAIR MCCABE moved that Legislative Council approve
Renewal Number 2 of the contract for snow removal services
at the Anchorage Legislative Office Building with Kelly
Incorporated, dba A-1 Lawn and Landscaping, in an amount
not to exceed $65,000.
CHAIR GRAY-JACKSON objected for the purpose of discussion
and asked Mr. Kestel to speak to this item.
MR. KESTEL stated that this was the second contract renewal
for snow removal services; and the Agency has been
satisfied with the contractor's services thus far. Renewal
Number 2 is for the period of October 5, 2023, through
October 4, 2024, and would leave the Agency with three one-
year renewal options.
REPRESENTATIVE SADDLER asked if the contract amount was a
flat rate for snow removal for the year or was there
opportunity for overages if it was a heavy snowfall year.
MR. KESTEL stated the contractor bills an hourly rate for
required services, including snow removal, sanding, and de-
icing in addition to plowing. If the total amount of all
snow removal services exceeds the contract limit of $65,000
for the year, there would be additional charges. In
response to a follow-up question by Representative Saddler,
he confirmed that if it was a light snow year, the total
amount spent for snow removal services could be less than
$65,000; and any unspent funds would be returned to the
budget for ALOB operations.
There was no further discussion and Chair Gray-Jackson
removed her objection.
2:11:08 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton
NAYS: None
The motion passed 12-0.
b. Kodiak LIO Lease Renewal
2:11:57 PM
VICE CHAIR MCCABE moved that Legislative Council approve
Renewal Number 1 of the lease extension for Kodiak office
space in the amount of $69,979.56.
CHAIR GRAY-JACKSON objected for the purpose of discussion
and asked Mr. Kestel to speak to this item.
MR. KESTEL stated that this is the first renewal of the
lease extension for the Kodiak office space for the period
of November 1, 2023, through October 31, 2024. If approved,
there would be four one-year renewal options remaining
before a new solicitation would have to be issued.
VICE CHAIR MCCABE asked if there was a Request for
Proposals (RFP) performed for the Kodiak office space, and
if so, how many proposals were received.
MR. KESTEL said he believed the RFP for Kodiak office space
was conducted in 2011, which was before his time as
procurement officer, so he would need to get back to the
Committee with that answer. He said what is currently
before Council is the first renewal of a lease extension
for this facility.
VICE CHAIR MCCABE followed up to ask for confirmation that
because this was a lease extension, no RFP was required.
MR. KESTEL confirmed that RFPs were not required for lease
extensions, which are instead determined by a fair market
value analysis conducted by a third-party broker. The
Agency is statutorily required to obtain ten percent below
market value to proceed with a lease extension offer to the
lessor. When the lease extension was authorized by
Legislative Council five years ago, LAA obtained ten
percent below the market value of office space lease rates
in that area. As a result of recent consumer price index
(CPI-U) increases, which are based on the rate of
inflation, there has been a slight increase in office space
lease costs statewide. Legislative leases are calculated to
include an annual adjustment based on annual CPI-U rates.
Mr. Kestel, in response to a follow-up question by Vice
Chair McCabe, stated that the building is owned by Trident
Seafoods Corporation.
There was no further discussion and Chair Gray-Jackson
removed her objection.
2:16:02 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton
NAYS: None
The motion passed 12-0.
V. COMMITTEE BUSINESS EXECUTIVE SESSION
2:16:57 PM
VICE CHAIR MCCABE moved and asked unanimous consent that
Legislative Council go into Executive Session under Uniform
Rule 22(B)(1), discussion of matters, the immediate
knowledge of which would adversely affect the finances of a
government unit, and 22(B)(3), discussion of a matter that
may, by law, be required to be confidential. The following
individuals may remain in the room or online during
Executive Session: Jessica Geary, Emily Nauman, Molly
Kiesel, JC Kestel, Rayme Vinson, Alex Fredrick, Megan
Wallace, Matt Simpson, Ernest Daigle, any legislators not
on Legislative Council, and any staff of Legislative
Council members.
2:17:42 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Grey-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton
NAYS: None
The motion passed 12-0
2:18:00 PM
Council went into Executive Session.
4:09:51 PM
Council came out of Executive Session.
A roll call vote was taken to establish a quorum.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman; Representatives Edgmon, Hannan, Johnson, McCabe,
Rauscher, Saddler, Tilton.
Twelve members present.
a. RFP Assembly Building Furnishings
4:10:43 PM
VICE CHAIR MCCABE moved that Legislative Council approve
the award of RFP 662 - Assembly Building Apartments
Furnishings to Capital Office Systems not to exceed
contract value of $734,465.
CHAIR GRAY-JACKSON objected for the purpose of discussion
and asked Ms. Geary and Mr. Kestel to speak to this item.
JESSICA GEARY, Executive Director (LAA), stated that the
overall Assembly Building project is slightly ahead of
schedule and slightly under budget. In a recent tour of the
building, she noted the third floor was fully sheet-rocked
and painting had started; and she was available for
questions about the overall construction project.
REPRESENTATIVE RAUSCHER expressed his appreciation for all
the hard work that has gone into this project.
CHAIR GRAY-JACKSON asked for the record what would happen
if Council did not approve this contract.
MS. GEARY said at this point, if it was acceptable to the
Chair, it might be helpful for Mr. Kestel to first briefly
speak to the RFP, then discuss what would happen if the RFP
was not awarded.
MR. KESTEL stated that the Agency issued RFP 662 on August
1, 2023, to solicit furnishings for the Assembly Building
Apartments. The Agency published the RFP on the State
online public notice site, as well as contacting several
dealers throughout the state. When RFP 662 closed on August
22, 2023, only one proposal was received that was
considered responsive to the RFP and it was scored by the
Performance Evaluation Committee (PEC) to ensure it met all
requirements and intent of the RFP. The PEC recommended the
award of that contract to Capital Office Systems for the
furnishings.
Mr. Kestel, in response to Vice Chair McCabe, said that a
total of two proposals were received; however, one proposal
was received after the RFP deadline and Legislative
Procurement Procedures prohibits consideration of late
proposals. RFP 662 had a 21-day solicitation period that
closed August 22.
MS. GEARY stated that failure to award this contract to
Capital Office Systems would result in the Agency having to
essentially throw this procurement away and go back out to
bid. She said there is the possibility that, after award of
the contract, the Agency may be able to negotiate with the
contractor to work to lower the price per some item and/or
reduce the item list; however, she cautioned that the bid
submitted is based on purchasing 484 items so reducing the
number of items could result in an increase in price per
item. She asked Mr. Kestel if he had anything useful to
add.
MR. KESTEL stated that in his experience there are only one
or two vendors in the state capable of projects like this,
and only one of them submitted a proposal for this project;
so if the Agency were to re-solicit, the outcome would be
similar. He added that if a new solicitation were required,
furnishings would not be received before the start of
session.
REPRESTATIVE HANNAN, expressing her support for the motion,
stated that it is critical that the 33 apartments are ready
for occupancy on the first day of session, to include
furnishings, otherwise the units won't be rented by those
for whom the building was intended. She said the Juneau
Community Foundation gifted this building to lessen the
burden of finding housing for those who serve in the
Legislature, both elected officials and their staff, who
migrate to Juneau for up to five months each session. She
concluded that this vote is important to take, and the
purchase of furniture needs to go forward for our
investment and to be able to serve us as we hoped.
SENATOR CLAMAN called the question.
4:20:18 PM
Council took a brief at-ease.
4:23:28 PM
Council returned from at-ease. Senator Claman withdrew his
calling of the question.
VICE CHAIR MCCABE, after confirmation by Ms. Geary that the
Legislature has approximately 250 employees, estimated that
around 310 people would potentially be eligible for an
apartment in this building, which means that less than ten
percent could be accommodated. He said at a cost of
$750,000 he was not sure the expense for furniture was a
sound return on investment or that this was an appropriate
use of state funds.
REPRESENTATIVE EDGMON said that this process is fairly far
along, and he was unsure if a second solicitation would
provide different results. He asked if Council could table
this motion for now or perhaps request a second RFP, though
there might not be time for that.
REPRESENTATIVE SADDLER suggested cutting items that may not
be essential from the list to reduce costs.
CHAIR GRAY-JACKSON asked Mr. Kestel to comment on the
process related to reissuing the RFP.
MR. KESTEL stated that reissuing an RFP would take a couple
of weeks to prepare. The RFP would then need to be posted
for 21 days unless otherwise authorized to shorten that
time. Once the solicitation period ended, there would be an
additional one to two weeks for the PEC to evaluate the
proposals, then Council would need to meet to consider and
potentially award a contract. He concluded by saying that
during the process for this RFP, vendors indicated that
furniture orders would need to be placed by mid-September
to ensure receipt of the items in December.
CHAIR GRAY-JACKSON asked Ms. Geary her thoughts regarding
Representative Saddlers remarks.
MS. GEARY said the question would be if the Agency would be
able to renegotiate with the vendor to reduce the scope
without first awarding the contract. She asked Mr. Kestel,
or perhaps Ms. Nauman, or Ms. Wallace to speak to what
might be possible.
MR. KESTEL responded that typically the ability to
negotiate needs to be written into the RFP for negotiations
to be allowable; in this particular RFP, that option was
not included. Changing the terms of the RFP after a
contract is awarded could result in challenges and
potential lawsuits.
4:31:54 PM
Council took a brief at-ease.
4:33:24 PM
Council returned from at-ease.
Senator Stevens joined the meeting at 4:32pm. Seeing and
hearing no further discussion, Chair Gray-Jackson removed
her objection.
4:33:33 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman, Stevens; Representatives Edgmon, Hannan
NAYS: Representatives Johnson, McCabe, Rauscher, Saddler,
Tilton
The motion passed 8-5.
b. RFQ 665 Assembly Building Window Coverings
4:34:51 PM
VICE CHAIR MCCABE moved that the Legislative Council
approve the award of RFQ 665 - Assembly Building Apartments
Window Shades to Don Abel Building Supply Incorporated with
a not-to-exceed contract value of $74,750.
CHAIR GRAY-JACKSON objected for the purpose of discussion
and asked Mr. Kestel to speak to this item.
MR. KESTEL stated that RFQ 665 was issued to secure window
shades for the Assembly Building Apartments. On August 4,
2023, LAA published RFQ 665 on the State's public notice
site and emailed it to several known contractors in the
state. On August 28, 2023, RFQ 665 closed with three bids
received: Dawson Construction, Don Abel Building Supply,
and Premier Construction, LLC. The RFQ evaluation was based
on best total price on all work products combined. Each bid
was evaluated to ensure it met the minimum requirements,
and Don Abel Building Supply was determined to have
submitted the lowest bid; therefore, it is recommended
Council award RFQ 665 to Don Abel Building Supply.
REPRESENTATIVE RAUSCHER stated his support for this item.
There was no further discussion and Chair Gray-Jackson
removed her objection.
4:37:06 PM
A roll call vote was taken.
YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl,
Stedman, Stevens; Representatives Edgmon, Hannan, Johnson,
McCabe, Rauscher, Saddler
NAYS: Representative Tilton
The motion passed 12-1.
VI. PRINT SHOP POLICY DISCUSSION
CHAIR GRAY-JACKSON said that this item is on the agenda at
the request of House Rules Chair Representative Johnson for
discussion and consideration by Legislative Council. She
said she looks forward to hearing Representative Johnson's
suggestions and the initial thoughts of the members. She
said it was her intent to listen, to learn, and to work
with members to determine whether to proceed with a change
to the Print Shop policy at a future meeting.
REPRESENTATIVE JOHNSON said that for the sake of
transparency when something is printed by the Print Shop it
should indicate that it was paid for with State funds,
specifically member newsletters and perhaps other
documents. He explained that it was not always clear who
paid for a publication, which should be transparent. He
said he would like Council to consider and provide
guidance, whether that be to revise the policy or to
continue with the status quo, as that would be beneficial
to the Rules Chairs, both current and in the future.
DISCUSSION FOLLOWED regarding what types of documents
should have a disclaimer; the format of the disclaimer; and
the verbiage of disclaimer, such as "Paid for with State
Funds", "Paid for by the Office of?", and/or "Printed by
the Legislative Print Shop.
CHAIR GRAY-JACKSON thanked Representative Craig Johnson for
bringing this matter forward and agreed to include a
proposal to amend the Print Shop policy for consideration
at a future meeting. She then asked if members had anything
to discuss prior to adjourning.
REPRESENTATIVE RAUSCHER expressed his frustration with the
affidavit requirement for transporting personal items
between district and the Capital City. He also proposed
increasing office allowance accounts for those legislators
with districts that are geographically big, and for which
travel to meet with constituents was expensive.
CHAIR GRAY-JACKSON, after a brief discussion of the issues,
suggested making the proposal to increase office allowance
accounts a topic for a future meeting.
VICE CHAIR MCCABE expressed frustration with the RFP
process for the furniture, specifically the expense and
timing.
CHAIR GRAY-JACKSON asked Mr. Kestel if he would like to
respond.
MR. KESTEL said he understood Vice Chair McCabe's
frustration with the process and vowed to do what he could
to ensure the next RFP was conducted in a timelier manner.
MS. GEARY added that it took the Agency a long time to get
room dimensions and information back from the design team,
so it was not for lack of trying to accomplish this sooner.
She said she understood Vice Chair McCabe's frustrations
and apologized for the unavoidable delays.
VII. ADJOURN
CHAIR GRAY-JACKSON thanked Legislative Council members, LAA
staff, the subcommittee chairs, and her Council aide for
all their work.
With no further business before the committee, the meeting
was adjourned at 4:58 PM.
4:58:31 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| Leg Council Agenda 08.28.23- Final.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| Leg Council Minutes draft 04.18.23.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| ALOB Janitorail Contract Renewal No. 2 Request to LEC.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| ALOB Snow Removal Contract Renewal No. 2 Request to LEC.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| Kodiak office space Lease Renewal No. 1 request to LEC.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| RFP 662 Assembly Building Apartment Furnishings - ExecSess Req.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| RFP 665 ABA Window Shades- ExecSess Req.pdf |
JLEC 8/28/2023 2:00:00 PM |
|
| Leg Council Minutes_REVISED_draft 04.18.23.pdf |
JLEC 8/28/2023 2:00:00 PM |