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Home My WebLink About04082019 City Council PacketCity Council Chambers Beginning at 7:00 p.m. Monday, April 8, 2019 Photo credit: Karen Corrigan City of Seward, Alaska Council Agenda April 8, 2019 Page 1 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} April 8, 2019 7:00 p.m. Council Chambers David Squires Mayor Term Expires 2019 Sue McClure Vice Mayor Term Expires 2019 Suzi Towsley Council Member Term Expires 2019 Jeremy Horn Council Member Term Expires 2019 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Kelley Lane Council Member Term Expires 2020 Norm Regis Acting City Manager Brenda Ballou City Clerk Will Earnhart City Attorney 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5.APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS A.Proclamations and Awards 1.National Library Week and Amnesty Month ….. Pg. 4 B.Borough Assembly Report C.City Manager Report …………………………………… Pg. 5 D.Other Reports and Presentations 1.2019 Northern Edge Presentation 1 City of Seward, Alaska Council Agenda April 8, 2019 Page 2 7. PUBLIC HEARINGS A.Ordinances for Public Hearing and Enactment 1.Ordinance 2019-008, Amending And Revising Seward City Code, Title 2, 2.05.030, Exemptions For Particular Records. …………………………………………… Pg. 22 8. UNFINISHED BUSINESS – None 9. NEW BUSINESS A.Ordinances for Introduction *1. Ordinance 2019-009, Repealing 1975 Ordinance No. 412 And 1985 Ordinance No. 540, And Amending Seward City Code. ………………………………………. Pg. 26 B.Resolutions *1. Resolution 2019-033, Authorizing The City Manager To Enter Into A Cooperative Agreement With The Seward Community Library Association (SCLA) To Manage, Preserve, Research, Interpret, And Provide Public Access To The Collections Owned By SCLA Utilizing A Signed Memorandum Of Agreement Effective April 10, 2019. ………………………………………………………………………………….. Pg. 36 *2. Resolution 2091-034, Approving Additional Funds In The Amount Of $60,000 To Be Spent And Reimbursed By The State Of Alaska Department Of Transportation For Design And Engineering Of The Transmission System Between Mile 17 And 22.5 Of The Seward Highway In Coordination With Seward Highway Repairs And Upgrades. ……………………………………………………………………………..…… Pg. 50 *3. Resolution 2019-035, Authorizing The City Manager To Purchase Materials And Equipment In An Amount Not To Exceed $89,478 For Commercial Upgrades At The Seward Marine Industrial Center Including LED High Mast Lights And A Larger Capacity Transformer And Appropriating Funds. ……………………..…….. Pg. 53 *4. Resolution 2019-036, Providing For The Disposal By Providence Seward Medical And Care Center Of A Non-Operational Mobile CT Scanner In Accordance With SCC 7.01.010 By Solicitation Of Quotes, With Proceeds Benefitting Future Hospital Capital Needs. ………………………………………………………….…….. Pg. 82 C.Other New Business Items 1.Vote and appoint John French or Rob Chadwell to be the city’s representative on the Prince William Sound Regional Citizens Advisory Council (PWSRCAC) with a term to expire May, 2021. …………………………………………………………. Pg. 90 2. Discuss the economic impacts and historical rationale for Spring Creek Correctional Center’s Seward location. (Lane) 3. Discuss Seward's diplomatic relationships and how to celebrate them with public art and interaction. (Lane) 4. Reschedule the work session with Providence Seward from April 22, 2019 at 5:30 p.m. to April 29, 2019 at 5:30 p.m. (Regis) 2 City of Seward, Alaska Council Agenda April 8, 2019 Page 3 *5. Approval of the March 26, 2019 City Council Regular Meeting Minutes. …............... *6. Approval of the March 28, 2019 Special Meeting Minutes. …..……………... Pg. 98 *7. Approval of the April 1, 2019 Special Meeting Minutes. ………………….… Pg. 101 *8. Non-objection to the renewal of liquor license Restaurant/Eating Place #5239 for Woody’s Thai Kitchen. ………………………………………………………. Pg. 105 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A.On-going City Project and Goal List. …………………………………………….. Pg. 114 B.Clerk’s Report on Public Records Requests through April 3, 2019. ………….. Pg. 119 C.Clerk’s Report on Special Election Expenses. …………………………………… Pg. 121 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PERMITS ARE REQUIRED FOR DEVELOPMENT WITHIN A FLOODPLAIN IN THE KENAI PENINSULA BOROUGH DID YOU KNOW?? Jackie C. Wilde, Planner 224-4048 or Andy Bacon, Planning Assistant 224-4049 238 Fifth Avenue, at the corner of Fifth and Adams Our Mission—To provide community resource information services relating to the orderly development of the community, to pro- mote safety and public order, protect the public health and general welfare of the citizens of the community and to stimulate sys- tematic development of transportation, public utilities, school, and other public facilities through implementation of Council and Administration planning, zoning, historic preservation and City land management policies. In November 1986, the Kenai Borough passed a Floodplain Management Ordinance. Development with- in floodplains is subject to the Borough's floodplain management regulations. It is the responsibility of Developers and Landowners to know the rules. If you plan to build, rebuild, make substantial improvements to existing structures, or conduct excava- tion or earthwork activities within a floodplain, a development permit is required per Kenai Peninsula Borough Code Chapter 21.06 and the City of Seward Code Chapter 15.25. Some activities require a permit to document the activity, but may not be specifically regulated. FOR DEVELOPMENT WITHIN THE CITY OF SEWARD CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT AT 907-224-4048 TO SEE IF YOUR PROJECT WILL REQUIRE A FLOODPLAIN PERMIT. ACTIVITIES SUBJECT TO EXISTING FLOODPLAIN DEVELOPMENT REGULATIONS INCLUDE BUT NOT LIMITED TO: Subdividing land within the floodplain Building a residential or commercial structure Garages, storage sheds, and like structures Dredging, filling, mining and excavation Placement of manufactured home Emergency System for Flood Awareness Kenai Borough has the following programs to alert you to a flooding/emergency event. C.A.N. Community Alert Network Two Mobile Sirens - Turn on your radio FEMA - National Flood Insurance Program (NFIP) Most homeowner's insurance policies do not cover loss from flooding. For more information about the NFIP, ask your insurance company, or call the NFIP toll-free number: 1-800-611-6123, Ext. 29 21 Sponsored by: Council Member Towsley Introduction Date: March 26, 2019 Public Hearing Date: April 8, 2019 Enactment Date: April 8, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND REVISING SEWARD CITY CODE, TITLE 2, 2.05.030, EXEMPTIONS FOR PARTICULAR RECORDS WHEREAS, Seward City Code, Title 2, Chapter 2.05 Records, Exemptions was originally adopted in the 1987 with Ordinance No. 599; and WHEREAS, regular review and revision of City code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes; and WHEREAS, Alaska statutes balance the public interest and disclosure on the one hand and the privacy and reputational interests of the affected party together with the government’s interest in confidentiality, on the other; and WHEREAS, in 2003 the Alaska Supreme Court said that access to public records is a “fundamental right” (see Fuller v City of Homer) and that “exemptions” to the disclosure requirements of Alaska’s public records laws are not favored and will be narrowly construed (see Municipality of Anchorage v Anchorage Daily News, 794 p. 2d 584 1990); and WHEREAS, changes to Title 2.05 Records will bring the City of Seward Code into alignment with most interpretations of State Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies. which does not allow for payroll database exemptions; and WHEREAS, updating Seward City Code Title 2, Administration, 2.05.030, “Exemptions for particular records” promotes openness and transparency in government by allowing public access to payroll database information through the public records request process; and WHEREAS, complying with state law, and practicing openness and access to payroll and salary database information for public officials helps to establish and foster trust between citizens and the City of Seward. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code 2.05.030 Exemptions for particular records as follows: (Deletions are Bold Strikethroughs; Additions are Bold/Underline/Italics.) 22 CITY OF SEWARD, ALASKA ORDINANCE 2019-008 ________________________ 2.05.030 - Exemptions for particular records. (a) This chapter shall not be construed to require disclosure of the following records or information which, by law, are required to be confidential: (1) Records of vital statistics and adoption proceedings; (2) Records pertaining to juveniles unless disclosure is authorized by law; (3) Health, mental health, medical, juvenile and personality problem information obtained or prepared by the city with respect to any person for whom treatment or services were provided; Medical and related public health records; (4) Records required to be kept confidential by a federal law or regulation or by state law; (5) Records required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted thereunder in order to secure or retain federal assistance. *** D. This chapter shall not be construed to require disclosure of the following personnel records or information: 1. City personnel records, including employment applications and examination materials, payroll and medical records which reveal the financial or medical status of any specific individual and, in addition, those records the disclosure of which would constitute an unwarranted invasion of privacy. This subsection does not protect from disclosure the following personnel information: a. Employment applications and examination materials of city officials appointed by the city council; b. The names and position titles of all city employees; c. The position held by a city employee; d. Prior positions held by a city employee; e. Whether a city employee is in a collective bargaining unit; f. The dates of appointment and separation of a city employee; and g. The compensation authorized for a city employee. A city employee has the right to examine the employee's own personnel files and may authorize others to examine those files. 2. Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining. *** Section 2. This ordinance shall take effect ten (10) days following its enactment. 23 COUNCIL AGENDA STATEMENT Meeting Date: April 8, 2019 To: Seward City Council From: Council Member Suzi Towsley Agenda Item: Ordinance 2018-008, Amending And Revising Seward City Code, Title 2, 2.05.030, Exemptions For Particular Records, BACKGROUND & JUSTIFICATION: Regular review and revision of Seward City Code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes. Seward City Code, Title 2, Chapter 2.05 Records was originally adopted decades ago and has been updated periodically, including minor revisions in 1988 and 1991. In 2003, the Alaska Supreme Court said that access to public records is a “fundamental right” (Fuller v. City of Homer) and that “exemptions” to the disclosure requirements of Alaska’s public records laws are not favored and will be narrowly construed (Municipality of Anchorage v. Anchorage Daily News, 794 p. 2d 584 1990). Changes to Title 2.05 Records will bring the Seward City Code into alignment with Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies which does not allow for payroll database exemptions. These proposed updates to Seward City Code Title 2, Administration, 2.05.030, “Exemptions for particular records” promote openness and transparency in government by allowing public access to payroll database information through the public records request process. Council bringing Seward City Code into alignment with state law, while practicing openness by allowing access to payroll/salary database information for public officials, helps to establish and foster better trust between citizens and the City of Seward. INTENT: The intent of this Ordinance is to align Seward City Code with current interpretations of Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. 24 507486\1006\00798783 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here) : X 3. Other (list): Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. X FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City. Approved by Finance Department: _______________________________________ (3/11/19) ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-008 25 Sponsored by: City Attorney Introduction Date: April 8, 2019 Public Hearing Date: April 22, 2019 Enactment Date: April 22, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING 1975 ORDINANCE NO. 412 AND 1985 ORDINANCE NO. 540, AND AMENDING SEWARD CITY CODE WHEREAS, in 1972, the Alaska Legislature passed the Alaska Public Employees Relations Act (PERA), Section 4, Chapter 113, S.L.A. 112, providing a comprehensive system to govern public labor relations; and WHEREAS, the City of Seward opted out of PERA in Ordinance 412 (1975) pursuant to the enabling language of the Act; and WHEREAS, in 1985, the Seward City Council passed Ord. 1985-540, reaffirming the City’s exemption from PERA (and the reasons therefore) and creating five new Code provisions governing collective bargaining in the City of Seward; and WHEREAS, the results of the March 19, 2019 special election were certified by this body on March 26, 2019; and WHEREAS, Referendum Number 1 repealing Ordinance 412 was approved by a majority of the voters participating in the election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Ordinance 412 (1975) is hereby repealed, and Ordinance 1985- 540 is repealed to the extent it conflicts with PERA. Labor relations of the City will be subject to the Alaska Public Employees Relations Act (PERA), Chapter 113, S.L.A. 112, and the accompanying regulations. Section 2. Seward City Code Section 3.60.035 is hereby amended as follows: (Deletions are Bold Strikethroughs; Additions are Bold Italics.) 3.60.035. – Special Provisions No city employee shall have the right to strike. A strike is defined as a concerted failure to report for duty, a willful absence from work, a stoppage of work, or an abstinence from the full and proper performance of duties for the purpose of inducing 26 CITY OF SEWARD, ALASKA ORDINANCE 2019-009 ________________________ or coercing a change in working conditions or compensation. The term strike includes any refusal to perform regular duties while other city employees, or any other persons, are engaged in picketing or any other work stoppage, slowdown or refusal. (Ord. 540, § 2, 1985) Section 3. Seward City Code Section 3.65 Collective Bargaining is hereby amended as follows: (Deletions are Bold Strikethroughs; Additions are Bold Italics.) 3.65.010. - Freedom of choice. Upon the conclusion of the collective bargaining process and the approval of any such contract by the city council as provided in section 3.65.015, each city employee included within the bargaining unit shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not, then the employee shall continue to be subject to this personnel code and regulations and pay plan as they exist and may be amended or changed. Neither the city nor any city employee shall discriminate against any employee solely by reasons of that employee's exercise of this right to choose, although differences between terms and conditions of employment set forth in the city personnel code and those terms and conditions set forth in a collectively bargained agreement that result in differential treatment will not be a violation of this title. Each new employee likewise shall have the right to choose between the personnel code and any collectively bargained agreement after being offered a position, but before beginning work. (Ord. 540, § 3(part), 1985) 3.65.015. - Submission of collective bargaining agreements to the city council. Any collectively bargained agreement is subject to approval by the city council. (Ord. 540, § 3(part), 1985) 3.65.018. - Construction project agreements. Nothing in this code shall prevent an agreement with a labor organization relating to the construction of a public project that requires the contracting or subcontracting of work traditionally performed by employees represented by that labor organization to be performed by a signatory to a current labor agreement with that labor organization. (Ord. 634, 1990) 27 CITY OF SEWARD, ALASKA ORDINANCE 2019-009 ________________________ 3.65.020. - Effective dates for agreements. All collectively bargained agreements shall expire on June 30 of the last contract year. No agreement may require changes in wages or working conditions that are retroactive to any date prior to the date of approval by the city council. (Ord. 540, § 3(part), 1985) 3.65.025. - Appropriate bargaining unit. The city council shall determine, in each instance, the unit appropriate for purposes of collective bargaining. In making its determination, the city council shall consider the avoidance of fragmented bargaining units and any expressed desires of members of the unit. (Ord. 540, § 3(part), 1985) Section 4. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 22nd day of April, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: _________________________ Brenda J. Ballou, MMC City Clerk (City Seal) 28 I ATTACHED TO AND '1AiJE A PART OF THE 111NUTES OF THE SE:1ARD CITY C0UNCIL-VOLUc1E 17 PAGE 3 CITY OF SEWARD, ALASKA ORDINANCE NO. 412 Ja~es R. Fi1in, CitI Clerk-Treasurer AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD. WHEREAS, Section 4, Chapter 113, S.L.A. 1972, provides that the Alaska Public Employment Relations Act is applicable to organized boroughs and political subdivision of the state, homerule or other- wise, unless the legislative body of the political subdivision, by ordinance or resolution, rejects having its provisions apply, and WHEREAS, the city council has considered the opinion of the Alaska Supreme Court in the case of State of Alaska v. City of Petersburg, Opinion No. 1175, dated July 24, 1975, and its effect on the City, and WHEREAS, it is in the public interest for the City to keep its options open so that it can properly react in the future, and not in the public interest to possibly become bound into the pro- visions of this act, and whatever amendments the legislature might pass in the future, which may result because of the decision of the Alaska Supreme Court. NOW, THEREFORE, THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. The City of Seward hereby rejects the application of the Alaska Public Employment Relations Act to the City of Seward. Section 2. This ordinance takes affect immediately upon passage and approval. PASSED AND APPROVED THIS 8th day of September , 1975. CITY OF SEWARD, ALASKA FIRST READING: SECOND READING: ADOPTION: AYES: NOES: ABSENT: By August 11, 1975 August 25, 1975 September 8, 1975 01dow, Getman, Dague & Lutz Hu1m Neve' IMJ ;(</U~ ' Mayor HUGHES, GANTZ & for the l- ,: r. "~"'~ \~\ ,,' b. to Form: "'" ',,0; 1, " ~r c';/A?-f '", "~~"i-C;, THORSNESS, LOWE,~. OF POWELL, Attorneys ity of Seward 29 CITY OF SEWARD, ALASKA ORDINANCE NO. 540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONCERNING COLLECTIVE BARGAINING WITH CITY EMPLOYEES WHEREAS, the City of Seward opted out of the State of Alaska Public Employee Relations Act in 1975 by Ordinance No. 412, and has again in 1985 rejected a request to become subject to the terms of that Act, and intends to retain local control over labor relations while granting limited rights to those employees who choose to be covered by a collectively bargained agreement to affiliate together in a labor organization and bargain with the City; and WHEREAS, pursuant to Resolution No. 85-34 the City has permit- ted an election among City employees for the purposes set forth in that Resolution; and WHEREAS, the results of that election were certified by the City Council and the City had determined in Resolution No. 85- 34 that if a majority of the City employees voted in favor of being represented by the IBEW then the City Council would begin to make the required changes in its ordinances and personnel regulations to permit collective bar- gaining on behalf of those employees who choose to be covered by a collective bargaining agreement, while protecting the rights of those who do not choose to be covered by a collective bargaining agreement; and WHEREAS, the City Council finds it in the public interest to make the minimum changes necessary to its existing Personnel Ordinance in order to preserve the stable atmosphere that has prevailed in the City during the past years; and WHEREAS, given the size of the City of Seward, its remote geographical location and the dependence of the public on City services, the City Council views all City employees as essential for the public peace, health, safety and convenience; and WHEREAS, the City Council is aware of the common law with regard to the issue of whether public employees have the right to engage in strikes or other concerted economic action and the City Council wishes to codify those provisions and to also cover those areas which might be in dispute among the various courts; and WHEREAS, the City Council, as previously referenced in Resolu- tion No. 85-34, does not intend to infringe on any individual's right to join or not join a union or be subject to the terms of a collectively bargained agreement, even though Federal or State statutes may provide otherwise; and 1- 30 CITY OF SEWARD, ALASKA ORDINANCE NO. 540 WHEREAS, the City Council wishes to make known some of the more important reasons for enacting changes to the Seward Code while not being bound by only the reasons set forth below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Council of the City of Seward, Alaska, makes the following legislative determinations: a. The City of Seward is remote geographical- ly, and the City provides essential public services including fire, police, sewer, water, snow removal, street repair, electrical, and other services critical to the public health, safety and con- venience. b. Granting public employees the right to strike may be construed as granting employees the right to deny the authority of the City of Seward, and, as a home rule municipality, the City of Seward desires its authority to be broadly construed. c. A strike or work stoppage by public employees is the equivalent to a rebellion against the very existence of the government and is not to be condoned or permitted. d. Employees of the City of Seward, being agents of the City and serving only public purposes, are entirely different from employees in the private sector and a strike by them would contravene the public welfare and paralyze the City and endanger the public health, safety and convenience. e. Since the terms of employment of City employees include economic obligations and commit- ments which under the City of Seward Charter can only be determined by the City Council, granting a right to strike would, in effect, permit employees to place undue pressure and influence on the City Council in that the City Council would be prone to accede to the demands of striking employees in order to protect the public, while the concessions granted in so doing may well also be against the public interest insofar as they could affect the financial well being of the City. Employees ought not be permitted to put the City in such a dilemma. f. Unlike private enterprise, Seward does not perform its public the City of functions and 2- 31 CITY OF SEWARD, ALASKA ORDINANCE NO. 540 activities for profit considerations may not important considerations to become the most activity. and thus purely economic appropriately be the most and should not be allowed important through strike g. The efficient operation of the City and harmonious labor relations between the City and its employees will best be served when each individual employee has the maximum freedom possible to choose individually whether to affiliate with other employ- ees or a labor organization for the purpose of collective bargaining. h. The interests of the majority of the City employees should not infringe on the interests of the minority provided the interests of the minority can be accommodated. i. Because the City of Seward has a long- standing set of personnel procedures and ordinances which, for the most part, have resulted in stable and harmonious labor relations, the public interest would be best served by permitting each individual employee the right to choose to continue to be subject to the existing personnel policies and procedures (as they may be amended), thus permitting each employee the widest possible freedom to choose while at the same time permitting those who wish to collectively bargain the right to do so. The City realizes that this approach could be construed as a possible violation under Section 8(a)(1) of the National Labor Relations Act, but also realizes, for reasons set forth above, that the City has the right to determine its own labor relations policies, and has determined, as a legislative matter, that the greatest freedom of choice for individual employees serves the public interest best. j. The City Council realizes its obligation never to surrender the power of taxation as set forth in the City Charter. The City Council deter- mines that the accountability of the City Council to the public can only be maintained if this power to tax remains exclusively with the City Council. Since the commitment of public monies in the form of wages and working conditions can result in a tax adjustment, the City Council determines that it is essential that the City Council approve any collec- tive bargaining agreement before it can become effective. Because of the budget requirements set 3- 32 CITY OF SEWARD, ALASKA ORDINANCE NO. 540 forth in the City Charter, and in order to preserve the public's opportunity to be heard on the budget, any collective bargaining agreement which would result in a change in the amounts budgeted for City employees must be concluded in time for the changes to be included in the annual budget prior to the end of the fiscal year. k. The City Council also realizes that it would be unrealistic to require collective bargain- ing to conclude in the first year prior to the required budget deadlines and therefore finds that it would be permissible, for the budget year 1986 only, to review a collectively bargained agreement which could result in changes in wages or working conditions provided that such an agreement were to be submitted prior to August I, 1985, and further, that any changes in wages or working conditions would not be retroactive. L The City Council finds that due to the annual budget process it would disrupt the orderly operation of the City if collectively bargained agreements were to expire at any time other than the close of the fiscal year. Section 2. Section 17-13.6 of the City of Seward Code is added to read as follows: Sec. 17-13.6 No right to strike. No City employee shall have the right to strike. A strike is defined as a concerted failure to report for duty, a willful absence from work, a stoppage of work, or an abstinence from the full and proper performance of duties for the purpose of inducing or coercing a change in working conditions or compen- sation. The term strike includes any refusal to perform regular duties while other City employees, or any other persons, are engaged in picketing or any other work stoppage, slowdown or refusal. Section 3. A new Section 17-14 is hereby created and added to the Seward City Code as follows: SECTION 17-14 COLLECTIVE BARGAINING Sec. 17-14.1 Freedom of Choice. Upon the conclusion of the collective bargaining process and the approval of any such contract by the City Council as provided in Section 17-14.2 below, each City employee included within the bargaining unit 4- 33 e CITY OF SEWARD, ALASKA ORDINANCE NO. 540 shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not, then the employee shall continue to be subj ect to this personnel code and regulations and pay plan as they exist and may be amended or changed. Neither the City nor any City employee shall discriminate against any employee solely by reasons of that employee's exercise of this right to choose, although differences between terms and conditions of employment set forth in the City Personnel Code and those terms and conditions set forth in a collectively bargained agreement that result in differential treatment will not be a violation of this section. Each new employee likewise shall have the right to choose between the Personnel Code and any collectively bargained agreement after being offered a position but before beginning work. Sec. 17-14.2 Submission of collective bargain- ing agreements to the City Council. Any collective- ly bargained agreement is subject to approval by the City Council. Sec. 17-14.3 Effective dates for agreements. All collectively bargained agreements shall expire on June 30 of the last contract year. No agreement may require changes in wages or working conditions that are retroactive to any date prior to the date of approval by the City Council. Sec. 17-14.4 Appropriate Bargaining Unit. The City Council shall determine, in each instance, the unit appropriate for purposes of collective bargain- ing. In making its determination, the City Council shall consider the avoidance of fragmented bargain- ing units and any expressed desires of members of the unit. Section 4. This ordinance shall take effect 10 days following enac tmen t. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29th day of May , 19 85 5- 34 CITY OF SEWARD, ALASKA ORDINANCE NO. 540 THE ?TY OF SE~ARD' ALASKA l /J., )/t/ 1 cT4d/;(l;tL<C // DONALD W. CRIPPS, M!YOR1 AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, MEEHAN, SCHOLL, SIMUTIS & WILLIAMS NONE NONE NONE ATTEST:APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, At torneys for the City of Seward, Alaska 7~f2I~ Fred B. Arvidson, City Attorney City Introduction Date; 05/13/85 Introduced By: City Attorney Public Hearing & Enactment Date: OS/29/85 6- 35 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE SEWARD COMMUNITY LIBRARY ASSOCIATION (SCLA) TO MANAGE, PRESERVE, RESEARCH, INTERPRET, AND PROVIDE PUBLIC ACCESS TO THE COLLECTIONS OWNED BY SCLA UTILIZING A SIGNED MEMORANDUM OF AGREEMENT EFFECTIVE APRIL 10, 2019 WHEREAS, Resolution 1988-041 transferred the Seward Community Library assets and obligations to the City of Seward, with the Seward Community Library Association (SCLA) acting as an advisory body to the department head and the City of Seward; and WHEREAS, Ordinance 1988-603 established and codified the powers and duties of the City of Seward Library as a department of the City; and WHEREAS, a 1993 Letter of Agreement between the City and SCLA defined the respective contributions of the City and SCLA to the Library regarding used book sales, fund raising, purchasing of furnishings, equipment, library material, book sale revenue, and the SCLA collections; and WHEREAS, SCLA and City Administration worked to create a Memorandum of Understanding (MOU) that states the rights and responsibilities of each entity with regard to the SCLA collections of art, artifacts and archival history of Seward owned by the SCLA and currently housed in the Seward Community Library & Museum; and WHEREAS, Phyllis Shoemaker, SCLA Treasurer, and Casie Warner, SCLA Recorder, signed the MOU on March 15, 2019; and WHEREAS, the MOU will be effective on April 10, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a memorandum of understanding with the Seward Community Library Association (SCLA) to manage, preserve, research, interpret and provide public access to the collections owned by SCLA. Section 2. The MOU will be effective on April 10, 2019. Section 3. This resolution shall take effect immediately upon adoption. 36 37 38 033 Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE TRANSFER OF LIBRARY ASSETS AND OBLIGATIONS TO THE CITY WHEREAS, the Seward Community Library has owned and operated public library facilities in Seward, Alaska; and WHEREAS, financial resources of the Seward Community Library are insufficient to assure continued operation of Library facilities withing the city; and WHEREAS, the City Council has found that the continued operation of library facilities within the city of Seward is in the public interest and is a function that can be per- formed by the city; and WHEREAS, incorporation of the Library as a department of the city will all library employees to participate in the Alaska Public Employees Retirement System (PERS); and WHEREAS, the City Council conducted a public hearing on April 25, 1988, on the proposed transfer of public library assets, including real and personal property, and obliga- tions to the city of Seward; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is hereby authorized to execute the "Library Transfer Agreement", attached and incorporated herein by reference, transferring to the city real and personal property and obligations of the Seward Community Library. Section 2. The City Council finds that it is in the public interest to acquire certain real property from the Seward Community Library, such real property being more particularly described as Lots 38, 39, and 40, Block 8, original Townsite of Seward; and the city manager is au- thorized to execute such documents as may be required to effect the acquisition of said property. Section 3. The City Council further finds that it is in the public interest to acquire the Library's beneficiary interest in that certain Deed of Trust Note, secured by a Deed of Trust dated July 22, 1980, and recorded in the Seward Recording District in Book 20, Pages 754-756, and 1- 39 40 Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA ORDINANCE NO. 603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING A LIBRARY DEPARTMENT AND PROVIDING FOR THE OPERATION OF PUBLIC LIBRARY FACILITIES WHEREAS, the Seward Public Library performs essential public service to residents of the city of Seward; and WHEREAS, the need for library facilities and programs has increased in the city of Seward with the city 1 s rapid and anticipated growth; and WHEREAS, the Seward Community Library, Inc., profit corporation, has provided volunteer time and to develop and maintain the high standards of public of the Seward Public Library; and a non- efforts service WHEREAS, it is in the public interest to continue to have adequate library facilities and programs and for the Library to offer its employees participation in the state of Alaska Public Employees' Retirement System; and WHEREAS, the Seward Community Library, Inc., wishes to continue its active support and encouragement of the devel- opment of library programs and facilities within the city of Seward; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Article V of the Seward City Code, entitled Seward Public Library Department", is hereby added to Title 2 to read as follows: ARTICLE V - SEWARD PUBLIC LIBRARY DEPARTMENT Sec. 2-59.1. Library Department Estab- lished. There is established the City Library Department. The principal officer shall be the Librarian who shall fulfill the duties and have the responsibilities as set forth in the employ- ee's job description and who shall be subject to the direction and supervision of the city manager. Sec. 2-59.2. Library Department - Powers and duties. The Library Department shall: 1- 41 CITY OF SEWARD, ALASKA ORDINANCE NO. 603 a) Assemble, preserve and administer, in organized collections, books and related educa- tional and recreational material in order to promote the communication of ideas and enrich the personal lives of residents of the city of Seward; b) Organize various library programs for residents of the city of Seward; c) Consult with the Seward Community Li- brary, Inc., a non-profit Alaska corporation which may serve in an advisory capacity to the Librarian and the City Council on matters of interest to the community with respect to the operation of the City Library and its programs; d) Manage, operate and maintain the city's library facilities and programs, including mate- rials and collections. Section 2. The city manager is authorized and directed to execute such documents as may be necessary for the transfer of the Seward Public Library assets to the city of Seward and the assumption by the city of Seward of the obligations of the Seward Public Library. Section 3. This ordinance shall take effect thirty 30) days following enactment and posting. SEWARD, 1 9 ...a..8.- . ENACTED BY THE CITY COUNCIL OF THE CITY OF ALASKA, this 9th day of May THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: GIESELER, HILTON, MEEHAN, O'BRIEN & SIMUTIS NONE DUNHAM & NOLL NONE 2- 42 CITY OF SEWARD, ALASKA ORDINANCE NO. 603 ATTEST:APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK City Seal) h~ Fre B. Arvidson City Attorney Introduced By: Noll/Simutis Introduction Date: 04/11/88 Public Hearing ~ Date: Enactment Date: 04/25/88 05/09/ 88 3- 43 Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AN AMENDMENT TO THE PARTICIPATION AGREEMENT OF THE CITY TO INCLUDE EMPLOYEES OF THE SEWARD COMMUNITY LIBRARY IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the city of Seward wishes to make it possible for the Seward Community Library employees to participate in the Public Employees' Retirement System: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. directed to take Community Library ment System. The city manager is hereby authorized and all the steps necessary to enroll Seward employees in the Public Employees' Retire- Section 2. The city manager is further authorized and directed to initiate Amendment No, 2 (attached and incor- porated herein by reference) to the city of Seward partici- pation agreement with the Public Employees' Retirement System to include Library employees. Section 3. All eligible employees as defined in PERS shall be included. Section 4. All past service will be recognized for current employees and those re-hired after July 1, 1988, Section 5. Library employee participation shall begin effective July 1, 1988. Section 6, Financial reports to PERS for the Seward Community Library employees shall be included with the city of Seward employee reports under the same employer identify- ing code. Section 7. This resolution shall take effect immedi- ately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 13 day of June , 19~. 1- 44 45 RESOLUTION NO. 88-071 Attachment STATE OF ALASKA DEPARTMENT OF ADMINISTRATION POUCH CR, JUNEAU, AK 99811 PUBLIC EMPLOYEES' RETIREMENT SYSTEM PARTICIPATION AGREEMENT AMENDMENT NO. 2 The Public Employees' Retirement system Participation Agreement entered into between the State of Alaska (hereafter referred to as the state) and the City of Seward (hereafter referred to as the Political SUbdivision) on January 1, 1979 and approved by the State on January 4, 1979, is amended by changing subparagraph (2) on page 2 to include the following provision: 2) The Political Subdivision agrees: To recognize Seward Communi ty Library employees as participants in PERS effective July 1, 1988 with the following provisions: 1. all eligible employees as defined in PERS shall be included; 2.all eligible past service shall be credited for current employees and those re-hired ufter July 1, 1988 3. financial reports to PERS for the Seward community Library employees shall be included with the City of Seward employee reports, under the same employer identifying code. This amendment shall continue in effect for the duration of the original agreement cited above and can only be terminated as provided therein. 46 Sponsored by: Rovle CITY OF SEWARD, ALASKA RESOLUTION NO. 89-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING ACQUISITION BY DEEDS OF PROPERTY FOR SEWARD COMMUNITY LIBRARY WHEREAS, Seward Community Library has been constructed on Lots 38, 39 and 40, Block 8, Original Townsite, city of Seward; and WHEREAS, by Ordinance No. 603, enacted May 9, 1988, the city of Seward agreed to acquire certain assets of the Seward Community Library; and WHEREAS, three lots, title to Lots on May 28, 1962, the record title holder to all Kenai Cooperative Trading Company, transferred 39 and 40 to the Seward Community Library; and WHEREAS, Seward Communi ty Library, Inc., execute a Warranty Deed (attached hereto as transfer of title to Lots 39 and 40 to the city is prepared to Exhibit A) for of Seward; and WHEREAS, upon search of the title records for the Seward Recording District it appears that by error or oversight Lot 38 was never transferred to the Seward community Library although that was the intent of the parties at the time of the transfer; and WHEREAS, it is necessary to clear the title to Lot 38 in order for it to properly be reflected upon the asset list of the city of Seward, and Richard W. Bogard of Kenai Cooperative Trading Company is prepared to execute a Quitclaim Deed attached hereto as Exhibit B) for transfer of title as Lot 38 to the city of Seward; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to execute as Grantee those certain deeds attached hereto as Exhibits A and B. Section 2. It is in the pUblic interest not to require an appraisal of the properties. Section 3. This transfer will take effect 30 days from the notice of posting of the passage of this resolution. 147 CITY OF SEWARD, ALASKA RESOLUTION NO. 89-006 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23 day of January , 1989. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA L --&,,~.4. HARR . GIESELER, MAYOR GIESELER, MEEHAN, NOLL, O'BRIEN, SIMUTIS NONE DUNHAM, HILTON NONE APPROVED AS TO FORM: PERKINS COIE, Attorneys for the city of Seward, Alaska City Seal) 1/ ~ Fred B. Arvidson City Attorney 248 49 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING ADDITIONAL FUNDS IN THE AMOUNT OF $60,000 TO BE SPENT AND REIMBURSED BY THE STATE OF ALASKA DEPARTMENT OF TRANSPORATION FOR DESIGN AND ENGINEERING OF THE TRANSMISSION SYSTEM BETWEEN MILE 17 AND 22.5 OF THE SEWARD HIGHWAY IN COORDINATION WITH SEWARD HIGHWAY REPAIRS AND UPGRADES WHEREAS, a job order was started by Department of Transportation (DOT) to analyze, design, and engineer the transmission line, in coordination with the Seward Highway repairs and upgrades, between miles 17 to 22.5; and WHEREAS, the DOT had initially authorized for reimbursement the Seward Electric Utility Department to perform this work for up to $20,000 and has since revised this authorization for up to $60,000; and WHEREAS, the DOT further authorized the Seward Electric Utility Department to contract with Dryden and LaRue to perform these services; and WHEREAS, the DOT may financially penalize the Seward Electric Utility Department if the city does not complete its obligation to the State for required work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to approve the purchase order in the amount of $60,000 to Dryden and LaRue Consulting. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of April, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor 50 51 034 52 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE MATERIALS AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $89,478 FOR COMMERCIAL UPGRADES AT THE SEWARD MARINE INDUSTRIAL CENTER INCLUDING LED HIGH MAST LIGHTS AND A LARGER CAPACITY TRANSFORMER AND APPROPRIATING FUNDS WHEREAS, the City of Seward City Council directed Administration to commercially and economically develop the Seward Marine Industrial Center (SMIC); and WHEREAS, the City of Seward is interested in exploring options to increase energy efficiency and reduce the cost of energy to consumers and taxpayers; and WHEREAS, upgrading the transformer to the larger size will accommodate more commercial activity, as well as create enough capacity for the new U.S. Coast Guard Fast Response Cutter (FRC) and upland infrastructure; and WHEREAS, all but a few of the existing incandescent high mast lights are working and require replacement; and WHEREAS, replacing the current high mast lights with LED fixtures will save the City electric usage and provide better lighting at SMIC; and WHEREAS, the Electric Department obtained three quotes for the transformer and LED high mast lights; and WHEREAS, Potelcom Supply Inc. provided the lowest price for the LED lights totaling $58,800; and WHEREAS, Wesco International Inc. provided the lowest price for the 1000 KVA transformer totaling $30,678; and WHEREAS, the funds for these purchases will come from the SMIC grant and will not affect the SMIC Enterprise Fund budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to issue a purchase order to Potelcom Supply Inc. to purchase LED lights the amount not to exceed $58,800. 53 CITY OF SEWARD, ALASKA RESOLUTION 2019-035 ___________________________ Section 2. The City Manager is authorized to issue a purchase order to Wesco International Inc. for the purchase of a 1000 KVA transformer in an amount not to exceed $30,678. Section 3. Funding in the total amount of $89,478 is hereby appropriated from the SMIC Expansion Grant account no. 12333-0000-3400 to the infrastructure account no. 12333-0000- 8101. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of April, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) 54 55 035 Estimate Date 3/6/2019 Estimate # 753 Name / Address City of Seward Electric Department Attn: Patrick Gillis P.O. Box 167 Seward, AK 99664 Alaska Efficient Energy Solutions, LLC P.O. Box 3505 Seward, AK 99664 P.O. No.Terms 50% Order; 50% Deli... Rep MI *Credit Card Transactions will be subject to a 4% processing fee. 907-830-7393 907-224-8684 mike@alaska-energy.comwww.alaska-energy.com Total Description Qty Rate Total MC2-HI-MF-120-277: (REPLACES Phoenix MCH-10-EZ-W-120-277) Phoenix ModCom 2 HI, Heavy Duty LED Floodlight, Marine Grade, 290W, Cool White 5000K, 28,000 lumens, Wide Flood Optics, 120-277V; 50,000 hr rated life; 5 yr warranty. Construction = Marine grade cast aluminum housing, Adjustable powder coated steel mounting harp. Finish = Black thermoset powder coat finish. Hardware = Marine grade (316) stainless steel. Lens = Clear, tempered glass. 4 2,260.00 9,040.00 HMLED3 PK3 50K MVOLT G AW FD2: (REPLACES HMLED2-12-5K-AS-G-AW) Holophane LED High Mast Light, 63,000 lm, 50K, 120-277V, Gray Exterior, Area Wide Optic, Double Fusible Disconnect *Fixture quoted with no photocell-inform if photocell is required. 6 2,600.00 15,600.00 FOB: Seward Quote good for 30 days Terms: SPECIAL ORDER 50% Down; 50% Delivery $24,640.00 56 1125 ORCA ST. ANCHORAGE AK 99501 CITY OF SEWARD 605 SEALION AVE SEWARD AK 99664 To:Date: Project Name Project Number: Date of Your Inquiry: When ordering please refer to Quotation Number: Item Quantity Catalog Number and Description Unit Price U/M Total Price Rate of Cash Discount Shipping Time (Weeks) TOTAL Quotation F.O.B. Point of Shipment. The prices stated in this offer shall, unless renewed, automatically expire fifteen days (15) from the date of this offer. Prices quoted are subject to adjustment should Duty and Tariff rates change from time of bid/quotation to time of order. WESCO reserves the right to adjust its pricing for Goods affected directly or indirectly by changing duties/tariffs/trade agreements and significant currency fluctuations. Per: 03/06/19 QUOTE 01/24/19 826446 17700.00 Branch: Quoted To: 6113 UNLESS THERE ARE DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY WESCO'S STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WILL BE GOVERNED BY WESCO'S TERMS AND CONDITIONS AVAILABLE AT HTTP://WWW.WESCO.COM/TERMS_AND_CONDITIONS_OF_SALE.PDF, WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF. PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY. 8264460998002 Customer Delivery Date SUB-TOTAL 17700.00 MG 10 HOLOPHAN*HMLED3*EA*HMLED3 PK3 50K 3375.000 E 13500.00 0.004 03/22/19 MVOLT G AW FD2 HOLOPHANE, 7 - 9 WEEKS 20 PHOENIX*MC2-HI-WF-120-277*EA*MC2- 2100.000 E 4200.00 0.002 03/22/19 HI-WF-120-277 PHOENIX, 7 - 9 WEEKS 57 1 Patrick C. Gillis From:Patrick C. Gillis Sent:Monday, January 14, 2019 1:07 PM To:George, Mike (Potelcom) Subject:FW: Transformers Hi Mike, Can you please quote me the 9 transformers Vernon has spec'd out below. - and while ABB is preferred, if you carry multiple vendors please provide alternates for comparison purposes. Let me know if you have any questions or need any additional information. Regards, Patrick C. Gillis Operations Supervisor City of Seward Electric Department (907) 224-4072 (o) (907) 362-3003 (c) 410 Adams Street PO Box 167 Seward, AK 99664 From: Vernon Willet Sent: Friday, January 4, 2019 3:46 PM To: Patrick C. Gillis Subject: Transformers Pat, Here follows the specs for the transformers which we need to quote for Norm. The first part is the same for all of the transformers. The second part is special for each and will be numbered. “ Distribution transformer, 60 Hz, 3 phase, High Efficiency/Low Loss, ANSI Type 316 S/S case and door” 1. 750 kVA, 7200/120/240VAC 2. 750 kVA, 7200/120/208VAC 3. 750 kVA, 7200/277/480VAC 4. 1.0 MVA, 7200/120/240VAC 5. 1.0 MVA, 7200/120/208VAC 6. 1.0 MVA, 7200/277/480VAC 7. 1.5 MVA 7200/120/240VAC 8. 1.5 MVA, 7200/120/208VAC 9. 1.5 MVA, 7200/277/480VAC Each of these will need three (3) quotes for purchasing. For comparison purposes, one (1) quote for each should be sufficient. The crew prefers ABB transformers because they are consistently high quality. They are also consistently high priced. I think Wesco handles them but I am not altogether sure about that. V 58 Quotation:U00572387.00 907.868.3490Phone: Fax:www.anixterpowersolutions.com 6050 TUTTLE PLACE ANCHORAGE, AK 99507 TRANSFORMERS To:CITY OF SEWARD ELECTRIC WAREHOUSE 605 SEA LION AVE SEWARD, AK 99664 Attn:PAT GILLIS Phone: Fax: Jared Palmer Expiration Date: Sales Contact: Issued Date:Jan 21, 2019 Feb 20, 2019 (P) 907.868.3490 jared.palmer@anixter.com Product and DescriptionCustLine Price UnitItemQuantity Extended (F) 1 20,604.000 20,604.00T7507224DDLSTSSE1 XFMR 750KVA PAD 12470Y/7200 TAPS 240D LF SS EA 7695 LBSNOTE: 1 21,819.000 21,819.00T7507212DLSTSSE2 XFMR 750KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 8223 LBSNOTE: 1 19,588.000 19,588.00T7507227DLSTSSE3 XFMR 750KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 7339 LBSNOTE: 1 25,073.000 25,073.00T10007224DDLSTSSE4 XFMR 1000KVA PAD 12470Y/7200 TAPS 240D LF SS EA 8989 LBSNOTE: 1 27,205.000 27,205.00T10007212DLSTSSE5 XFMR 1000KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 9437 LBSNOTE: 1 22,555.000 22,555.00T10007227DLSTSSE6 XFMR 1000KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 8176 LBSNOTE: 1 33,302.000 33,302.00T15007224DDLSTSSE7 XFMR 1500KVA PAD 12470Y/7200 TAPS 240D LF SS EA 11809 LBSNOTE: 1 44,332.000 44,332.00T15007212DLSTSSE8 XFMR 1500KVA PAD 12470Y/7200 TAPS 208Y/120 LF SS EA 14011 LBSNOTE: Page 1 of 2Powered by www.proquote-solutions.com 59 Quotation:U00572387.00 907.868.3490Phone: Fax:www.anixterpowersolutions.com 6050 TUTTLE PLACE ANCHORAGE, AK 99507 TRANSFORMERS Product and DescriptionCustLine Price UnitItemQuantity Extended 1 28,784.000 28,784.00T15007224DLSTSSE9 XFMR 1500KVA PAD 12470Y/7200 TAPS 480Y/277 LF SS EA 10375 LBSNOTE: $243,262.00SECTION TOTAL: $243,262.00QUOTE TOTAL: 1) All items are In Stock unless otherwise noted. 2) All item pricing on this quote is valid for thirty days unless otherwise specified. 3) All applicable taxes apply. 4) FREIGHT PREPAID AND ALLOWED PER EACH LINE ITEM Special Notes Anixter Power Solutions offers the industry’s most extensive and dynamic portfolio of products, services and solutions for the Public Power, Investor-owned Utilities, Construction and Industrial markets. https://www.anixterpowersolutions.com/site/legal/purchase-terms.htmlFor the latest terms & conditions please visit: Page 2 of 2Powered by www.proquote-solutions.com 60 ABB Page 1 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. To: From: Patrick Gillis City of Seward Dennis Cleary WESCO Distribution, Inc. We are pleased to offer you this quote. Project: City Of Seward / Wesco Distribution Inc / Wesco - City of Seward Padmounted Transfomers General Comments and Exceptions  Clarification: Transformers provided in this quotation to be full stainless steel construction. Grade of stainless steel to be 304L. ABB cannot offer a 316 series option. 61 ABB Page 2 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. Item Alt Qty Description Price Each (USD) 1 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $25,939.00 2 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $24,650.00 3 1 750 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400147, DTAN-L3S135 $23,067.00 4 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $32,756.00 5 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $30,678.00 6 1 1000 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $25,778.00 7 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $49,311.00 8 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $40,439.00 9 1 1500 KVA Liquid Filled Padmounted Transformer 2401 - Distribution Transformers, Jefferson City, USA (9AAE300179), PDC: 9AAC30400623, DTAN-L3M135 $32,717.00 62 ABB Page 3 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 1 1 750 $25,939.00 1044 @ 85 5462 @ 85 6506 Al/Al 5.74 ITEM Unit Wt 1 7790 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470Y/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL High Voltage Neutral : H0 bushing, ungrounded Low Voltage : 240 Delta / 120 Tap Low Voltage BIL : 30kV BIL Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler 63 ABB Page 4 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 64 ABB Page 5 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 2 1 750 $24,650.00 894 @ 85 5767 @ 85 6661 AL/AL 5.66 ITEM Unit Wt 2 8270 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler 65 ABB Page 6 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 66 ABB Page 7 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 3 1 750 $23,067.00 1121 @ 85 5201 @ 85 6322 Al/Al 5.78 6 1 1000 $25,778.00 1238 @ 85 7447 @ 85 8685 AL/AL 5.72 9 1 1500 $32,717.00 1723 @ 85 9988 @ 85 11711 AL/AL 5.7 ITEM Unit Wt 3 6950 6 8750 9 10810 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 480Y/277 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  Threaded stud LV bushings x 4  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  8-hole NEMA spade terminals x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 67 ABB Page 8 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 68 ABB Page 9 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 4 1 1000 $32,756.00 1399 @ 85 6516 @ 85 7915 Al/Cu 5.74 7 1 1500 $49,311.00 1587 @ 85 10328 @ 85 11916 Al/Cu 5.76 ITEM Unit Wt 4 9670 7 14740 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470Y/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL High Voltage Neutral : H0 bushing, ungrounded Low Voltage : 240 Delta / 120 Tap Low Voltage BIL : 30kV BIL Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS 69 ABB Page 10 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  Drain valve and sampler OTHER  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 70 ABB Page 11 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 5 1 1000 $30,678.00 1101 @ 85 7620 @ 85 8720 AL/AL 5.88 ITEM Unit Wt 5 10670 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Grain Oriented Steel Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER 71 ABB Page 12 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-10 Weeks after return of approved drawings. Firm Order (Shipment) : 8-10 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 72 ABB Page 13 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ITEM QTY kVA EACH (USD) NL LL TL Conductor %Z 8 1 1500 $40,439.00 617 @ 85 14272 @ 85 14889 Al/Al 5.74 ITEM Unit Wt 8 12380 Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type : Liquid-Filled MTR Padmounted Transformer Fluid : Mineral Oil Core : Amorphous Metal Phase : 3 Phase Frequency : 60 Hz Average Winding Rise : 65 °C Ambient Temperature : 30 °C High Voltage : 12470GrdY/7200 High Voltage Taps : +2 -2 2.5% High Voltage BIL : 95kV BIL Low Voltage : 208Y/120 Low Voltage BIL : 30kV BIL Neutral : H0X0 bushing with ground strap Feed Configuration : Loop feed Color : Green (Munsell 7GY 3.29/1.5) Features (included in price): TANK & CABINET  Penta-head cabinet handle bolt  304L Stainless Steel Transformer (Tank+Base+Cabinetry) GROUNDING  Two 2-hole ground pads - 1 in HV and 1 in LV x 2 BUSHINGS  ABB 200 amp HV bushing wells with removable studs x 6  Loadbreak Inserts (dead front) x 6  ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)  10-hole Integral Spade Bushings x 4  Spade Supports  ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES  Fused bayonet with isolation link x 3  Oil retaining valve on bayonet x 3 MONITORING  Pressure Relief Valve FITTINGS  Drain valve and sampler OTHER 73 ABB Page 14 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.  9.5" x 17.5" Tank Handhole Cover  24" deep cabinet  DOE Efficiency (2016)  Full Deck Pallet Lead Times: Drawing Submittal : 4-5 Weeks after receipt of order. Approval Order (Shipment) : 8-12 Weeks after return of approved drawings. Firm Order (Shipment) : 8-12 Weeks after receipt of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. 74 ABB Page 15 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ** GENERAL TERMS AND CONDITIONS OF SALE ** This quotation is effective for 30 days from 1/24/2019, unless otherwise authorized by ABB. Unless stated otherwise in the quotation, the following terms and conditions of sale will apply. 1. Payment Terms: Payment is due Due in 60 days invoice date from invoice date. 2. Freight Terms: Prepaid and Allowed 3. Warranty: 18 months from delivery or 12 months from commissioning, whichever occurs first. 4. Approval Orders: Prices are valid for units released for shipment within 60 days from the initial mailing date of approval drawings (typically 2 weeks ARO). Prices are valid for quoted shipment or best available lead-time at time of release. Orders on hold pending drawing approval beyond 60 days of initial drawing date are subject to price adjustment every 30 days. Pricing will be determined at time of release for agreed upon delivery. 5. Lead times for orders subject to drawing approval will be confirmed upon receipt of approval and release to manufacturing. 6. Transformers are designed, built, and tested to ANSI/IEEE C57 Transformer Standards for distribution class transformers. No other Codes/Standards apply unless noted on quote. Delivery If scheduled delivery of Equipment is delayed by the Purchaser for more than seven (7) days, ABB may move the Equipment to a storage facility for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. Purchaser shall reimburse seller for all costs of storage and handling incurred by seller. Storage and handling fees will be invoiced for payment on a monthly basis, until the Purchaser is able to accept delivery of the Equipment. Storage and handling fees are shown below. Storage Fees Transformer Rating Weekly Storage Fee 750KVA and below $375 per week per transformer Above 750KVA $425 per week per transformer Handling Fees Transformer Rating Crane Charge Per Move 750KVA and below $750 Above 750KVA $1250 Factory Acceptance Testing (FAT)  Witness Testing can be added for $5,000 per transformer. Only two (2) transformers can be witness tested per day.  Final Inspection can be added for $2,000 per day of inspection. Dependent upon availability of product at time of inspection.  Please confirm intent to witness testing and/or perform final inspection by the time of release to manufacture otherwise FAT services will be considered waived. Cancellation Fees for cancellation of an accepted order are as follows:  10% of total order value after approval order entry.  20% of total order value after initial issuance of approval drawings.  35% of total order value after release to manufacture or entry of firm order.  100% of total order value if cancelled within 6 weeks from scheduled ship date. We appreciate the opportunity to quote on this business. ABB has had many years of experience building 75 ABB Page 16 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. reliable, high quality transformers and we look forward to supplying this equipment. KVA FEED A B C D E F 750 Loop (Dead) 68 82 66.8 56.8 66 24 1000 Loop (Dead) 68 86 68.8 60.8 66 24 1500 Loop (Dead) 68 88 72.8 64.8 66 24 All weights and dimensions are approximate. Dimensions may change to meet specific customer requirements. Weights are in pounds. Dimensions are in inches. Cooling fins may be required on the back and/or side of the tank if necessary. Maximum cooling fin depth is 16". Wesco - City of Seward Padmounted Transfomers 1/24/2019 3-Phase Padmounted Transformer ABB Inc, Jefferson City, MO 76 ABB Page 17 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. ABB INC. GENERAL TERMS AND CONDITIONS OF SALE 1. General. The terms and conditions contained herein, together with any additional or different terms contained in ABB's Proposal, if any, submitted to Purchaser (which Proposal shall control over any conflicting t erms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and supersede all prior communications and agreements regarding the order. Acceptance by ABB of the order, or Purchaser's acceptance of ABB's Proposal, is expressly limited to and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or acceptance of any performance by ABB being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms ABB hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by ABB ("Software") under the order. Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by ABB under the order. As used herein, the term "Purchaser" shall include the initial end use of the Equipment and/or services; provided, however, that Paragraph 13(a) shall apply exclusively to the initial end user. 2. Prices. (a) Unless otherwise spe cified in writing, all Proposals expire thirty (30) days from the date thereof. (b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to 5 p.m. Monday through Frida y). Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be b illed at three (3) times the hourly rate. If a Services rate sheet is attached hereto, the applicable Services rates sh all be those set forth in the rate sheet. Rates are subject to change without notice. (c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such taxes which ABB or its suppliers are required to pay or collect. If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon order placement, provide ABB a copy, acceptable to the relevant governmental authorities of any such certificate or permit. (d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date o f ABB’s Proposal. Any change after that date in such duties, fees, or rates, shall increase the price by ABB's additional cost. 3. Payment. (a) Unless specified to the contrary in writing by ABB, payment terms are net cash, payable without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the account designated by ABB in the Proposal. (b) If in the judgment of ABB the financial condition of Purchaser at any time prior to delivery does not justify the terms o f payment specified, ABB may require payment in advance, payment security satisfactory to ABB, or may terminate the order, whereupon ABB shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the date ABB is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments. (c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any par t thereof or the highest applicable rate allowed by law on all such overdue amounts plus ABB's attorneys' fees and court costs incurred in connection with collection. 4. Changes. (a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by ABB and resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change. (b) ABB may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications. If Purchaser objects to any such changes, ABB shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection. 5. Delivery. (a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered F.O.B. point of shipmen t. Equipment shipped from outside the continental United States is delivered F.O.B. United States port of entry. Purchaser shall be responsible for any and all demurrage or detention charges. (b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, ABB may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. (c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentati on required for ABB's performance 77 ABB Page 18 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. hereunder. (d) Claims for shortages or other errors in delivery must be made in writing to ABB within ten days of delivery. Equipment may not be returned except with the prior written consent of and subject to terms specified by ABB. Claims for damage after delivery shall be made directly by Purchaser with the common carrier 6. Title & Risk of Loss. Except with respect to Software (for which title shall not pass, use being licensed) title to Equipm ent shall remain in ABB until fully paid for. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Purchaser upon delivery. 7. Inspection, Testing and Acceptance. (a) Any inspection by Purchaser of Equipment on ABB's premises shall be scheduled in advance to be performed during normal wo rking hours. (b) If the order provides for factory acceptance testing, ABB shall notify Purchaser when ABB will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory accepta nce testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment. (c) If the order provides for site acceptance testing, testing will be performed by ABB personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of ABB, acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted. 8. Warranties and Remedies. (a) Equipment and Services Warranty. ABB warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for Equipment (exclu ding Software, Spare Parts and Refurbished or Repaired Parts) shall end twelve (12) months after installation or eighteen (18 ) months after date of shipment, whichever first occurs. The Warranty Remedy Period for new spare parts shall end twelve (12) month s after date of shipment. The Warranty Remedy Period for refurbished or repaired parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for Se rvices shall end ninety (90) days after the date of completion of Services. (b) Equi pment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to ABB promptly after such discovery and within the applicable Warranty Remedy Period, ABB shall, at its option, either (i) repair or replace the nonconforming p ortion of the Equipment or re-perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re-performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to ABB promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re-performance, whichever is later, ABB will repair or replace such nonconforming Equipment or re-perform the nonconforming Services. The original Warranty Remedy Period shall not otherwise be extended. (c) Exceptions. ABB shall not be res ponsible for providing working access to the nonconforming Equipment, including disassembly and re-assembly of non-ABB supplied equipment, or for providing transportation to or from any repair facility, all of which shall be at Purchaser's risk and expense. ABB shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to ABB's instructions; (iv) is com prised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear. Equipment supplied by ABB but manufactured by others is warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer will be allowed. (d) Software Warranty and Remedies. ABB warrants that, except as specified below, the Software will, when properly installed, execute in accordance with ABB's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and writt en notice of such nonconformity is provided to ABB promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, ABB shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making availabl e at ABB's facility necessary corrected or replacement programs. ABB shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser -supplied software or interfacing. ABB does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs". (e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A 78 ABB Page 19 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER ’S EXCLUSIVE REMEDIES AND ABB’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. 9. Patent Indemnity. (a) ABB shall defend at its own expense any action brought against Purchaser alleging that the Equipment or the use of the Equipment to practice any process for which such Equipment is specified by ABB (a “Process”) directly infringes any claim of a patent of the United States of America and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given ABB prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser. (b) ABB shall have no obligation hereunder and this provision shall not apply to: (i) any other equipment or processes, inclu ding Equipment or Processes which have been modified or combined with other equipment or process not supplied by ABB; (ii) any Equipment or Process supplied according to a design, other than an ABB design, required by Purchaser; (iii) any products manufactured by the Equipment or Process; (iv) any patent issued aft er the date hereof; or (v) any action settled or otherwise terminated without the prior written consent of ABB. (c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any Process using the Equ ipment is finally enjoined, ABB shall, at its option and its own expense, procure for Purchaser the right to continue using said Equipment; or modify or replace it with non-infringing equipment or, with Purchaser's assistance, modify the Process so that it becomes non-infringing; or remove it and refund the portion of the price allocable to the infringing Equipment. THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF ABB AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT. (d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by Purchaser with equipment o r processes not furnished hereunder (except to the extent that ABB is a contributory infringer) or said Equipment or any part there of is used by Purchaser to perform a process not furnished hereunder by ABB or to produce an article, and by reason of said modification, combination, performance or production, an action is brought against ABB, Purchaser shall defend and indemnify ABB in the same manner and to the same extent that ABB would be obligated to indemnify Purchaser under this "Patent Indemnity" provision. 10. Limitation of Liability. (a) In no event shall ABB, its suppliers or subcontractors be liable for special, indirect, i ncidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of the Purchaser or other third parties for any damages. ABB's liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case (except as provided in the section entitled "Patent Indemnity") exceed one -half (1/2) of the purchase price allocable to the Equipment or part thereof or Services which gives rise to the claim. (b) All causes of action against ABB arising out of or relating to this Agreement or the performance or breach hereof shall e xpire unless brought within one year of the time of accrual thereof. (c) In no event, regardless of cause, shall ABB be liable for penalties or penalty clauses of any description or for indemnif ication of Purchaser or others for costs, damages, or expenses arising out of or related to the Equipment and/Services. 11. Laws and Regulations. ABB does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Equipment or Software is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of the Proposal date. In the event of any subsequent revisions or changes thereto, ABB assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Article 4. Nothing contained herein shall be construed as imposing responsibility or liability upon ABB for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the Equipment. This Agreement shall be governed by the laws of the State of New York, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New York law with respect to conflicts of law. Purchaser agrees that all causes of action against ABB under this Agreement shall be brought in the State Courts of the State of New York, or the U.S. District Court for the Southern District of New York. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed. 12. OSHA. ABB warrants that the Equipment will comply with the relevant standards of the Occupational Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the date of the Proposal. Upon prompt written notice from the Purchaser of a breach of this warranty, ABB will replace 79 ABB Page 20 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. the affected part or modify it so that it conforms to such standard or regulation. ABB's obligation shall be limited to such replacement or modification. In no event shall ABB be responsible for liability arising out of the violation of any OSHA standards relating to or caused by Purchaser's design, location, operation, or maintenance of the Equipment, its use in association with other equipment of Purchaser, or the alteration of the Equipment by any party other than ABB. 13. Software License. (a) ABB owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be u sed only in conjunction with equipment specified by ABB; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, revers e engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach, hereunder; and (v) the rights to use the Software are non -exclusive and non-transferable, except with ABB's prior written consent. (b) Nothing in this Agreement shall be dee med to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement. In the event of termination of this License, Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to ABB the Software and all copies thereof and shall remove all machine readable Software from all of Purchaser's storage media. 14. Inventions and Information. Unless otherwise agreed in writing by ABB and Purchaser, all right, title and interest in any inventions, developments, improvements or modifications of or for Equipment and Services shall remain with ABB. Any design, manufacturing drawings or other information submitted to the Purchaser remains the exclusive property of ABB. Purchaser shall not, without ABB's prior written consent, copy or disclose such information to a third party. Such information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof in whole or in part. 15. Force Majeure. ABB shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate ABB for such delay. 16. Cancellation. Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by ABB attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirec t costs. 17. Termination. No termination by Purchaser for default shall be effective unless, within fifteen (15) days aft er receipt by ABB of Purchaser's written notice specifying such default, ABB shall have failed to initiate and pursue with due diligence correction of such specified default. 18. Export Control. (a) Purchaser represents and warrants that the Equipment a nd Services provided hereunder and the "direct product" thereof are intended for civil use only and will not be used, directly or indirectly, for the production of chemical or biological weapons or of precursor chemicals for such weapons, or for any direct or indirect nuclear end use. Purchaser agrees not to disclose, use, export or re-export, directly or indirectly, any information provided by ABB or the "direct product" thereof as defined in the Export Control Regulations of the United States Department of Commerce, except in compliance with such Regulations. (b) If applicable, ABB shall file for a U.S. export license, but only after appropriate documentation for the license applica tion has been provided by Purchaser. Purchaser shall furnish such documentation within ABB a reasonable time after order acceptance. Any delay in obtaining such license shall suspend performance of this Agreement by ABB. If an export license is not granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this Agreement may be canceled by ABB without liability for damages of any kind resulting from such cancellation. At ABB's request, Purchaser shall provide to ABB a Letter of Assurance and End-User Statement in a form reasonably satisfactory to ABB. 19. Assignment. Any assignment of this Agreement or of any rights or obligations under the Agreement without prior written consent of ABB shall be void. 20. Nuclear Insurance – Indemnity. For applications in nuclear projects, the Purchaser and/or its end user customer shall have complete insurance protection 80 ABB Page 21 of 21 1/24/2019 NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies. against liability and property damage resulting from a nuclear incident to and shall indemnify ABB, its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident. 21. Resale. If Purchaser resells any of the Equipment, the sale terms shall limit ABB's liability to the buyer to the same extent that ABB's liability to Purchaser is limited hereunder. 22. Entire Agreement. This Agreement constitutes the entire agreement between ABB and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between ABB and Purchaser other than those set forth herein or herein provided. 81 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2019-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL BY PROVIDENCE SEWARD MEDICAL AND CARE CENTER OF A NON-OPERATIONAL MOBILE CT SCANNER IN ACCORDANCE WITH SCC 7.01.010 BY SOLICITATION OF QUOTES, WITH PROCEEDS BENEFITTING FUTURE HOSPITAL CAPITAL NEEDS WHEREAS, the City of Seward accepted a grant in the amount of $288,000 from the Denali Commission for the purchase of a refurbished CT scanner and mobile trailer in August, 2003 via Resolution 2003-094, and the City contributed an additional $5,450 for a total cost of $293,450 for purchase from Advanced Diagnostics, Inc. authorized on December 8, 2003 via Resolution 2003-157; and WHEREAS, the refurbished equipment was subsequently damaged and repaired as a result of a community-wide electrical outage in August, 2005 and has reached the end of its useful life, suffering a catastrophic failure in 2018; and WHEREAS, the City Council appropriated future hospital sales tax funds to purchase a replacement CT scanner and to modify the hospital building to relocate the equipment inside the building in July, 2018 via Resolution 2018-058; and WHEREAS, since the equipment failed in 2018 and until the building modifications were complete and the new CT Scanner operational, Providence Seward has leased replacement equipment at a cost of approximately $23,000 per month, while soliciting potential interest from buyers interested in purchasing the failed equipment, with limited success; and WHEREAS, Providence staff have, after many months seeking a buyer, identified a potential buyer for the equipment and the parties desire to sell the specialized equipment to a buyer that can make use of the equipment, and the parties therefore seek Council authorization to sell the equipment with the understanding that proceeds from the sale will be deposited into the Providence Seward Medical Center’s capital account for the purchase of other hospital capital equipment; and WHEREAS, Seward City Code 7.01.010 – Sale of Surplus City Personal Property states: “Whenever the head of any department shall make a written finding that any personal property of the city is no longer necessary for corporate or public purposes, the same may be offered for sale or donated to a nonprofit organization following approval of the written findings by the city manager. The sale shall be held in accordance with the procedure followed in the awarding of purchases, Title 6, but to the highest responsible bidder”; and 82 CITY OF SEWARD, ALASKA RESOLUTION 2019-036 ___________________________ WHEREAS, Seward City Code Title 6 requires advertisement for items of value in excess of $30,000 and the surplus CT scanner and equipment fall below that threshold, and for amounts below $30,000 Title 6 allows for solicitations or quotations from interested persons or firms via telephone, online or by other means. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby finds that it is in the public interest to authorize the disposal of a non-operational mobile CT scanner in accordance with the recitals above which are incorporated herein. Section 2. The administrator of Providence Seward Medical and Care Center is hereby authorized to sell the equipment which no longer serves a corporate or public purpose in accordance with Seward City Code 7.01.010, after solicitation of interest in this equipment over a period of months. Section 3. Proceeds from the sale of this surplus equipment shall accrue to Providence Seward Medical and Care Center to be placed into their capital equipment account for the purpose of funding other capital needs. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of April, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: 83 84 85 86 87 88 89 MEMORANDUM Meeting Date: April 8, 2019 From: Brenda Ballou, City Clerk Agenda Item: Appointment to the City of Seward Seat on the Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC) BACKGROUND & JUSTIFICATION: The City of Seward retains a seat on the Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC). The current seat is held by Orson Smith, who was originally appointed in 2015. The City Clerk solicited letters of interest from March 12 - 29, 2019. John French submitted a letter of interest on March 18, 2019. Orson Smith submitted a letter of interest on March 22, 2019, and then rescinded his letter on March 27, 2019 in favor of Rob Chadwell. Rob Chadwell submitted a letter of interest on March 27, 2019. The letters from John French and Rob Chadwell are attached in this packet for your review. There is no formal appointment process outlined for this seat on the PWSRCAC. The recommendation for appointment is to use the ballot voting format outlined for Board and Commission Appointments, as outlined by Seward City Code 2.30.310: o The mayor and council will have ballots with both names on them. o Each member will vote for one applicant. o Please pass the voted ballots to the city clerk and they will be read aloud and tallied. o The applicant must receive at least four of the votes to be appointed. SCC 2.30.210/310/410 states the council appoints by ballot voting if there is more than one applicant for the position. RECOMMENDATION: Council conducts a vote to determine which applicant should fill the vacancy on the Prince William Sound Regional Citizens’ Advisory Council with a term to expire May, 2021. 90 91 92 93 94 95 96 97 City of Seward, Alaska City Council Special Meeting Minutes March 28, 2019 Volume 40, Page 597 CALL TO ORDER The March 28, 2019 special meeting of the Seward City Council was called to order at 1:00 p.m. by Mayor David Squires. OPENING CEREMONY Citizen Lynda Paquette led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese Kelley Lane comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Excused – Osenga Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING – None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Interview Candidates for the Permanent City Manager Position Council interviewed Scott Meszaros. Council recessed at 2:45 p.m. Council resumed at 2:56 p.m. 98 City of Seward, Alaska City Council Special Meeting Minutes March 28, 2019 Volume 40, Page 598 Council interviewed Erin Reinders. Schedule a special meeting to select the candidate, select a negotiating committee, and go into executive session to discuss negotiating strategies for the city manager hire. Council scheduled a special meeting on Monday, April 1, 2019 at 6:00 p.m. COUNCIL COMMENTS McClure thought council had just heard from two very talented and well-qualified candidates. She encouraged the public to give council feedback and input on the candidates. Towsley looked forward to hearing from the public on the candidates, and thought there were two excellent candidates. Horn wanted feedback from the public. Seese also wanted feedback from the public. Lane was excited about the process, and was grateful for the candidates. She, too, welcomed feedback from the public. Squires thought both candidates were excellent choices, and he wanted the public to provide input. Acting City Manager Norm Regis reported that he received a letter from the Federal Aviation Administration (FAA) regarding the Seward airport stating that they would be granting the city a hearing with the FAA and the Alaska Department of Transportation (DOT). CITIZEN COMMENTS Lee Poleske was giving a talk tonight at 7:00 p.m. at the library about famous sled dogs. Bruce Jaffa thought this was an interesting process, and both candidates were great and had very different styles. He thought perhaps the questions were a little soft and polite; when the going got tough, that’s when you learned about a person. Melody Jordan appreciated having the interviews held in public; her gut told her the second candidate was stronger. Carol Griswold was pleased this process was public. She thought both candidates were good, but she perked up with the second candidate. Griswold thought Reinders had a lot of real life practical experience that would be beneficial to Seward. 99 City of Seward, Alaska City Council Special Meeting Minutes March 28, 2019 Volume 40, Page 599 Lynda Paquette concurred with all the public comments so far; the size of the staff in Unalaska, Paquette thought, gave Reinders an advantage. Paquette requested that the contract for city manager maintain a normal severance package, and disallow having a second job or business. Bruce Jaffa said he thought Reinders would be a strong candidate. Matt Chase said the governor wanted to take away all the fish tax; he thought Reinders would be familiar with this issue. Chase wondered if this concern could be addressed at the public meet and greet tonight. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Towsley thanked Lynda Paquette for filming today’s meeting for Seward Civic Engagement. Horn disliked the interview question which asked asking candidates for their strengths and weaknesses. Lane thanked Paquette for her input about the city manager contract. Seese thanked everyone for their comments, and for attending the meeting. Regis said Seward received approximately $422,035 each year in fish tax revenue; in Unalaska, the fish tax was 28% of the budget. Squires thought Seward’s budget would not be heavily impacted by the removal of the fish tax, but he was greatly concerned about the millions of dollars being proposed to be removed from the school district. ADJOURNMENT The meeting was adjourned at 4:49 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 100 City of Seward, Alaska City Council Special Meeting Minutes April 1, 2019 Volume 40, Page CALL TO ORDER The April 1, 2019 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor David Squires. OPENING CEREMONY Citizen Skip Reierson led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Norm Regis, Acting City Manager Jessica Fogle, Deputy City Clerk Excused – None Absent – None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Skip Reierson said both city manager candidates were more than capable. He said he spoke with both candidates about difficult Human Resources decisions that they had to make in the past and they both had experienced these. He said Scott Meszaros had more city manager experience and hospital experiences, which he was impressed by. Reierson said he saw Erin Reinders as young and energetic and he felt like we would be taking a slight chance on her, which he wanted to do. Patrick Messmer thought that both candidates were very good choices. He said he gave a slight edge to Erin for being a current Alaskan resident. Carol Griswold read a letter from Bruce Jaffa endorsing Erin Reinders as the new city manager, which was presented as a laydown. Griswold said it was time for Seward to seize the opportunity to have a highly qualified woman as city manager. Lynda Paquette agreed that Erin Reinders would be a good choice for Seward. She suggested council utilize Scott Meszaros’ grant writer experience and consider finding a position 101 City of Seward, Alaska City Council Special Meeting Minutes April 1, 2019 Volume 40, Page within the city for him, as well. Paquette updated everyone on Seward Civic Engagement by announcing April meetings were scheduled for April 3 and April 19, 2019. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Choose the candidate for the permanent city manager position. Lane thanked council, the clerk’s office, and Steve Veitch with GovHR for arranging this process. She felt that council had succeeded in having a more educated vote. Squires wanted to thank both candidates for coming to Seward to go through the interview process and meet with the public. He had concerns about both candidates and wished that he could combine the strengths from both candidates into one. Deputy City Clerk Jessica Fogle passed out Ballot #1 containing the names of the two city manager applicants, and instructed council to vote for no more than one name. The results of the first vote were: Reinders 7 Meszaros 0 Council unanimously selected Erin Reinders as the new City Manager. Select a negotiating committee. Council Members Towsley and Horn, and Mayor Squires were selected for the negotiating committee. COUNCIL COMMENTS McClure said that she voted with the public tonight. It was a hard decision but she hoped it turned out well and the negotiations worked out. She thanked the public for attending the special council meeting. Towsley said this process took a lot of time but it was a very important decision that would affect future councils. She was happy to cast her vote for Erin Reinders, who she thought would do a 102 City of Seward, Alaska City Council Special Meeting Minutes April 1, 2019 Volume 40, Page great job. She wanted to keep Scott Meszaros in mind for any upper management positions that become available in the future. She said Reinders’ Alaskan experience would serve Seward well. Horn said this was the most important vote he had to make in his two years on council. He was surprised that it was a unanimous vote and he felt like it could have gone either way. He thanked everyone who participated in this process. Seese said she voted for Reinders because she currently lived and worked in Alaska. She was concerned that Meszaros’ family might not want to move to Alaska. She was surprised that it was a unanimous vote. Osenga apologized for not making it to the interviews but he said he watched them. He thanked Lynda Paquette for videoing the council meetings and the interviews. He believed that Reinder’s Alaskan ties and the citizen comments had a lot to do with the unanimous vote. He said that he was originally looking at Scott Meszaros and it was a very close vote for him. Lane said Erin Reinders’ emphasis on setting rules that are consistent with our community values spoke to her skills in clarifying and creating strategic plans. She appreciated Reinders’ mention of looking to existing reports to gain information. She said Reinders’ experience in coastal Alaska and her background in managing housing prepared her well for many of the challenges faced in Seward. Lane said she struggled all weekend deciding how to vote and she cast her vote tonight because of the public. She was excited and pleased with the outcome and hoped that Reinders would agree to come to Seward. She thanked council for re-establishing the relationship with South Korea, and she was excited to use this experience to honor Willard Dunham’s legacy. Squires said he appreciated the comments he got from the citizens about the city manager hire all weekend. He hoped everything worked out and he was glad that council and the citizens made this decision together. CITIZEN COMMENTS Skip Reierson congratulated council on their selection for city manager. He said this was a turning point for this community and he looked forward to a fresh start. He reminded council that our new city manager would succeed based on how well we let her do her job. Matt Chase congratulated council on voting with the citizens as a team. He said we were taking positive steps forward and he wished council luck on negotiations. Lynda Paquette urged council not to wait too long to set up negotiations and reminded them that other people want Reinders, too. Kyle Walker asked for more detail on what would be discussed in executive session. Anthony Baclaan thanked council and city administration for their time. He was very excited about where we were headed and he was amazed that it was a unanimous vote. 103 City of Seward, Alaska City Council Special Meeting Minutes April 1, 2019 Volume 40, Page COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Towsley said it was important to her that we did not end up with a giant severance packet and she wanted a clear conflict of interest clause and a clause about outside employment included in the new city manager contract. She said council would be discussing the negotiating strategies for the new city manager in executive session. Horn was glad that council was able to be transparent throughout this process. He agreed with Reierson that it was time to have a clean slate for the new city manager and move forward in a positive manner. Lane said former Interim City Manager Jeff Bridges emphasized using the framework of becoming a high performance organization the last time he spoke with council. She said that when she spoke with Reinders about using that model, she seemed familiar and open to it. Lane was excited about using this model. Acting City Manager Norm Regis said he spent a lot of time with both candidates last week and they were both great individuals. It was a hard decision. He said we came a long way from last year and he wanted to start with trust with the new city manager. EXECUTIVE SESSION Motion (McClure/Towsley) Go into executive session to discuss negotiating strategies for the city manager hire. Motion Passed Unanimous Council went into executive session at 6:37 p.m. Council came out of executive session at 7:31 p.m. Council directed the clerk to contact Steve Veitch with GovHR to notify Meszaros of their selection and set up a time for Erin Reinders to meet with the negotiating committee, and to send thank you cards to both candidates. Council gave direction to the negotiating committee for parameters to stay within before coming back to council for final vote or other direction. ADJOURNMENT The meeting was adjourned at 7:44 p.m. ____________________________________ ____________________________________ Jessica Fogle David Squires Deputy City Clerk Mayor (City Seal) 104 105 106 144 North Binkley Street, Soldotna, Alaska 99669  (907) 714-2160  (907) 714-2388 Fax Office of the Borough Clerk Johni Blankenship, MMC Borough Clerk Office of the Borough Clerk 2/11/2019 Ms. Brenda Ballou City of Seward Seward City Hall 410 Adams St. Seward, AK 99664 RE: Non-Objection of Application Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/TS Encl. cc: renene7573@gmail.com; clerk@cityofseward.net; DHenry@kpb.us; JRodgers@kpb.us Licensee/Applicant : Biocic, Justin & Likitprachacomb, Rene Business Name : Woody's Thai Kitchen License Type : Restaurant/Eating Places - Public Convenience License Location : 800 Fourth Ave, City of Seward License No. : 5239 Application Type : License Renewal 107 108 109 110 111 112 113 CITY PROJECTS & GOALS April 8, 2019 City Council Meeting PROJECTS & GOALS 1. ADA ACCESSIBLE PARKING AT CITY HALL Council directed the city clerk to provide a history of why the location for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City Clerk history and status provided February 27, 2018. First floor restrooms currently under renovation to provide one large ADA-accessible family restroom, in addition to one men’s and one women’s restroom. The first- floor restrooms in City Hall were completed May 14, 2018. Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street parking must be reserved for Police Department access; Public Works is currently researching the feasibility of a modification to the SE corner of the back lot, as well as modifications to second floor restrooms. Clerk’s office received ADA analysis kit from Division of Elections (DOE); clerk worked with Public Works Director Doug Schoessler and Assistant City Manager Brennan Hickok to perform the analysis on September 12, 2018. The city clerk has furnished the DOE with results and is awaiting a response. Clerk received email from Acting Director at DOE apologizing for the delay in the analysis; the new Director would start January 2, 2019, and response should come soon thereafter. January 25, 2019 teleconference call with DOE, Brennan Hickok, Doug Schoessler, and city clerk to review results of analysis; results indicate that the voting location could potentially be moved back to city hall if the back parking lot were modified to allow for one or two van accessible spaces with a flat approach to the back door, and if the back door were widened by a minimum of two inches. UPDATE: Administration has received quotes for a chair lift for the 4th Avenue entrance of City Hall. A decision will need to be made as to whether to proceed or explore other options including the construction of new ADA parking spaces and appropriate topography on the alleyway entrance. 2. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING Administration is currently reviewing a concept public-private proposal to house the Quint (ladder truck) on the city-side of the bay. The Interim City Manager and Assistant City Manager met with the city’s State lobbyist, Kent Dawson on October 15, 2018. Dawson is confident that the state will have a capital budget this coming session. The opportunity to push for this project as a State Legislative Priority will be coming to council on December 10, 2018. UPDATE: A scope of work is being drafted for R&M to survey and plat the abandoned Air Force Rec Camp property. Administration seeks additional direction to include the Satellite Fire Station and Public Works relocation in that Scope of Work. 3. DISCUSSION ON AIR FORCE RECREATION CAMP SITE Council held a joint work session with the Planning & Zoning Commission on February 28, 2018. Directed administration to have Community Development bring forward multiple land use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work session to discuss development concepts. Following April 9, 2018 work session, administration has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots generally as presented at the work session, and the creation of a subdivision and utility development plan. Ordinance 2018-009 introduced on October 8, 2018 amending the zoning and land use plan from Institutional to Auto Commercial; will come for public hearing and enactment on October 22, 2018. Administration will be putting out a Request for Proposal for on-call engineering services which will provide engineering, surveying and platting services for various City projects including the Air Force Recreation land. 4. SALTWATER HEAT PUMP PROJECT The state capital budget approved $725,000 for this project; currently awaiting Governor Walker’s signature. Administration is working with the design engineer to update costs and ROI models in order to identify any potential funding shortfall and prepare strategies for additional funding sources, if necessary. City Administration has received an estimated project cost of $965,000. The $240,000 114 CITY PROJECTS & GOALS April 8, 2019 City Council Meeting difference will need to be funded by the City. This obligation includes in-kind and cash contributions as well as already spent funds on the testing well. We are currently waiting for grant documents from the Alaska Energy Authority. State lobbyist Kent Dawson expressed that the likely new Governor will be interested in Economic Development projects. The potential for expanding on this loop using state grant dollars exists. The City has received the Alaska Energy Authority grant documentation and is awaiting approval from City Council to authorize the City Manager to accept the grant money and grant terms. Approval was on the November 26, 2018 regular Council meeting agenda; the grant documents have been signed and sent back to the AEA. Staff has provided YourCleanEnergy with grant documents and is awaiting a design and engineering proposal. YourCleanEnergy LLC has provided a design and engineering proposal for sole source contract consideration on the February 25, 2019 regular meeting agenda. YourCleanEnergy contract approved by Resolution 2019-022. 5. ENERGY EFFICIENCY OF CITY HALL See #4 – Saltwater Heat Pump Project YourCleanEnergy and the building department have also identified the need for insulation in the basement of the City Hall Annex in support of the Heat Pump Project. The City will seek quotes for that portion of the project. 6. GROUND TRANSPORTATION FOR AMBULANCE SERVICES Directed administration to provide an update on ground transportation for ambulance services. UPDATE: In February 2019, the Seward Volunteer Ambulance Corps (SVAC) contract with the Kenai Peninsula Borough Eastern Peninsula Highway Emergency Services Area (EPHESA) was not successfully renewed. However, ground transportation services will still be provided through the existing mutual aid agreement. 7. ANIMAL SHELTER IMPROVEMENTS (Council passed Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed $6,851.00, And Appropriating Funds.) March 19, 2018 work session; directed administration to look into potential locations and funding options. Resolution 2018- 049 approved at the May 29, 2018 meeting, authorizing the creation of the Animal Shelter Relocation Fund and approving start-up funds. Update: Resolution 2018-080 being considered on September 24, 2018 for council approval will relocate the Animal Shelter to Fort Raymond. Resolution 2018-080 was approved on September 24, 2018, providing land for the new shelter location. City staff is now conducting meetings with local organizations to discuss design, build, fund raising and funding efforts. Ordinance 2019-007 is being introduced on March 11, 2019 and will come for public hearing and enactment on March 26, 2019; this ordinance will amend the Land Uses Allowed Table to allow an animal shelter in the Institutional Zoning District by CUP. 8. UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) Directed administration to provide an update on the status of modifying the tsunami warning announcement to include specific radio information, and also request the borough add a sticker to their brochures which identifies the Seward radio station. Resolution 2018-019 designated KIBH-FM 91.7 as the city’s official radio station for emergencies, and authorized the City Manager to work with borough to include radio station information in tsunami warning broadcasts. 9. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD Zoning changes and Replat of the Air Force Rec Camp property will provide ample space and opportunity for such business. UPDATE: A scope of work is being drafted for R&M to survey and replat the abandoned Air Force Rec Camp property. The scope will include a variety of platting options that will include lots suitable for family entertainment-type businesses to locate in Seward. 115 CITY PROJECTS & GOALS April 8, 2019 City Council Meeting 10. AFFORDABLE HOUSING (INCLUDING SUMMER WORKER HOUSING) Council will hold a work session in May, 2018. (Previous council work sessions were held on May 22, 2017, June 12, 2017, and July 11, 2017). Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 11. SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION Directed administration to provide an update on the Seward Community Health Care Center expansion. March 12, 2018 council meeting authorized to pay up to $1,500 in travel expenses for Jean Bardarson to travel with city representatives to Washington, DC in April, 2018 (April 14-18, 2018 trip to Washington, DC). A grant in the amount of $285,000 was awarded to the CHC for expanding access to quality substance use disorder and mental health services. The CHC is using these funds to subcontract with Seaview Community Services to provide mental health services in support of the local schools. 12. BUILDING MAINTENANCE Public Works has been conducting their annual boiler inspections. General maintenance and repair is complete. Staff has identified the need to upgrade the heating controls for City Hall, City Hall Annex, and Community Center. Estimated cost for these upgrades is $200,000. Ongoing. Public Works has repaired the Senior Center elevator, a water pipe leak in the Library and Museum, and the Library and Museum emergency light system. 13. LED LIGHT CONVERSIONS Public Works replaced 15 fluorescent fixtures with LEDs in the City Hall Annex. A City shop office was upgraded to LED lights. 14. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS Staff and organizing groups have indicated that a dog washing station will be included in the design and build of the new Animal Shelter. 15. PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES 16. CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC, ENGAGING OUTSIDE AGENCIES, AND PUBLIC INFORMATION DISSEMINATION On March 6 and 7, 2019 the City will be participating in a table top exercise with the Army Corps of Engineers and the Alaska Silver Jackets to simulate the failure of the Lowell Canyon Dam. This exercise will provide the City with a template for conducting a City-wide exercise in the future. Staff is currently planning a disaster exercise to coincide with the “Chill it’s a Drill” exercise scheduled for March 27, 2019. UPDATE: State of Alaska cancelled its Chill It’s A Drill exercise for March 27, 2019. KPB conducted a tsunami siren test drill on March 27, 2019. The city is planning a community-wide drill on April 19, 2019. 17. EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 116 CITY PROJECTS & GOALS April 8, 2019 City Council Meeting Resolution 2019-024 is being brought for approval on March 11, 2019 to contract with R&M Consultants for on-call engineering services. 18. IMPROVE COUNCIL CHAMBERS TO ALLOW CITIZENS TO MORE CLEARLY HEAR AND EXPERIENCE MEETINGS The City Clerk placed an order through the MIS department for a Polycom teleconference device for council chambers. In the meantime, the City Manager’s office will lend a similar phone until the new one arrives. In addition, a mid-cycle budget amendment will be requested to replace some of the broadcasting equipment. At the February 11, 2019 work session, council reviewed a request for $10,000 to be added to the 2019 budget, and directed the city manager to bring forward a resolution to amend the budget. Mid-cycle budget amendments were approved by council in Resolution 2019-021; included were funds for improving the audience experience – addressing ceiling speakers, microphones, camera, and video recording. UPDATE: The Polycom phone has been received by MIS; awaiting phone number assignment from TelAlaska. 19. IMPROVE CITY WEBSITE TO INCREASE EASE OF USE BY THE PUBLIC In July, 2018 council directed the city clerk to seek ways to increase the ease of use of the city website by citizens. On October 1, 2018 the city clerk was informed by the current website vendor, CivicPlus, that as of July 1, 2019 the company would no longer make any maintenance fixes, and as of December 31, 2019 the company would no longer support the current platform. The city clerk researched upgrade and redesign options with several companies, including CivicPlus, Municode, Revize, Alopex, and Granicus. A mid-cycle budget amendment was requested at the February 11, 2019 city council work session in anticipation of working with one of these companies. The work will be completed by year end 2019. On March 4, 2019, the city selected to move forward with Granicus; a resolution to approve the contract will come to council on March 26, 2019. Granicus contract resolution pending licensing 20. RETAINING WALL AT CITY HALL At the direction of council, administration will issue a Request for Proposals for the construction of a new retaining wall and guard railing, where required, for the raised parking lot area at the north end of City Hall. 21. LOWELL POINT ROAD STORM DAMAGE REPAIR The Request for Proposals for the engineering will be out as soon as the City receives the work sheets back from the Department of Homeland Security. As soon as the design is complete, the contractor will then put out a bid packet and select a contractor. Construction is estimated to begin in the spring of 2019. The Design and Engineering contract is on the regular meeting agenda for on February 11, 2019. Contract with PND approved by council on February 11, 2019. 117 CITY PROJECTS & GOALS April 8, 2019 City Council Meeting COUNCIL COMMITTEES 1. AD HOC COMMITTEE FOR CITY PERSONNEL MATTERS February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third-party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, Assistant City Manager Brennan Hickok reported that the DCRA declined the city’s request for an audit because it was beyond the scope of their duties/capabilities. Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. Request for Proposal has been sent to committee members. Group should meet to discuss. November 26, 2018 Council Member Towsley replaced Casagranda on the committee. At the March 11, 2019 meeting, council voted to extend the sunset date of this committee to December 31, 2019. 2. AD HOC COMMITTEE FOR CITY AUDIT WITH BDO March 11, 2019, council created an Ad Hoc Committee consisting of Vice Mayor McClure, Council Member Towsley, and Council Member Seese to gather questions from council and the public and work with city auditors, BDO, to provide answers, in preparation for the April 1, 2019 work session. On Monday, March 18, 2019 the city clerk released a public notice soliciting citizen questions for the city auditor firm; deadline for submissions is Friday, March 22, 2019. UPDATE: On March 26, 2019 the city clerk forwarded the questions received from the public to the committee; three citizens submitted questions. COMPLETED PROJECTS 1. RESEARCH ELECTED/APPOINTED OFFICIAL TELECONFERENCING POSSIBILITIES FOR MEETINGS Directed the city attorney to provide advice on teleconferencing possibilities for elected and appointed officials. City Attorney opinion provided February 14, 2018. 2. INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD Report delivered by Interim City Manager Bridges to City Council and the public on October 22, 2018. 118 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for April 8, 2019 City Council meeting Report through April 3, 2019 PENDING REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES July 5, 2018 Wolfgang Kurtz Financial Transactions Between City and Peninsula Communications Yes (7/5 & 9/25) No Pending Dec 10, 2018 Suzi Towsley All emails from March 29, 2018 through Sept. 17, 2018 from or to K. Erchinger regarding the Council direction to add Electric Dept. Field Engineer & Admin. Assistant positions to the IBEW, and any emails that mention this process from or to the city manager, ACM, HR, Electric Dept. Manager, finance director, field engineer (Electric) & Admin. Assistant (Electric) Yes (12/10/18) Yes Pending Towsley put this request on hold on 1/17/19. Jan 28, 2019 Brad Snowden Army Corp. of Engineers 1965 Post- Earthquake Study Waterfront Depths Yes (1/29/19) No Pending Jan 29, 2019 Olivia Wotman 1. Current Police Officer Collective Bargaining Agreement & Any MOUs in Effect; 2. Wage Scales for All Ranks of Police Officers; 3. Current Benefit Sheets for Health, Vision, and Dental Insurance for Police Officer; 4. Current Contributions & Premiums for Health, Vision, and Dental Insurance for Police Officer Yes (1/29/19) No Pending Feb. 6, 2019 Carl Torres Report of all building permits processed from Nov. 2018 to present Yes (2/6/19) No Pending Feb. 21, 2019 Liz LoCurto Benefits documents for Seward Police Department Yes (2/21/19) No Pending March 4, 2019 Jean Lewis Police Report No No Pending To SPD March 8, 2019 Kyle Walker Police Report No No Pending To SPD April 2, 2019 Brenda Ballou Scoring Sheets and Job Descriptions Wage Committee Considered Jan. 2017 to Present Yes No Pending 119 REQUESTS FOR PUBLIC RECORDS City Clerk’s Report Updated for April 8, 2019 City Council meeting Report through April 3, 2019 COMPLETED REQUESTS DATE RECEIVED REQUESTED BY DOCUMENT REQUESTED (Summary) EMAIL SENT TO CITY MANAGER & ASSISTANT CITY MANAGER EMAIL SENT TO CITY ATTORNEY RESPONSE PROVIDED NOTES Feb. 13, 2019 Earl Brock Record of storage/moorage fees for 2016, 2017, and 2019 Yes No 3/13/19 Feb. 19, 2019 Kyle Walker Copies of any open or pending building permits for the property formerly known as “Oriental Garden”, as well as other city building permits held by the same party Yes No 3/18/19 Feb. 20, 2019 Kyle Walker Applications submitted for the position of City Manager of the City of Seward Yes No 3/22/19 Feb. 25, 2019 Laurie Fay Report of Residential Building Permits Yes No 3/8/19 March 1, 2019 John Wisel II Project narrative preliminary plans and construction cost estimates and any bond agreements for Gateway Subdivision Yes No 3/22/19 March 1, 2019 Anthony Baclaan All public documents pertaining to the City Attorney’s review on Feb. 25, 2019 Yes No 3/27/19 March 4, 2019 Lexis Nexis Police Report No No 3/13/19 March 8, 2019 Carol Griswold Any contracts related to “Chamber City Marketing Contract” Yes No 3/8/19 March 12, 2019 Carol Griswold Any Chamber of Commerce and VIC leases or updates to Resolution 89-097, documents showing approval of Chamber sub-lease to KIBH-FM 91.7, and any documents relating to Alaska Railroad car Information cache being waived by the City. Yes No 3/12/19 March 12, 2019 Lexis Nexis Police Report No No 3/13/19 March 15, 2019 Mack Nosik Police Report No No 3/15/19 March 20, 2019 Johanna Kinney Business names, mailing addresses, and email addresses of licensed nightly lodging businesses in 2018 and 2019 Yes No 3/20/19 March 20, 2019 David Osborn Results from August 2016 Feasibility Study Yes No 3/21/19 March 26, 2019 Janine Rugas Building permits processed from October 29, 2018 to Present Yes No 3/27/19 March 27, 2019 Kim Kowalski- Rogers Copies of all public submissions for auditors questions remitted to the Clerks Office Yes No 3/27/19 120 Agenda Statement Meeting Date: April 8, 2019 From: Brenda Ballou, City Clerk Agenda Item: Report of Expenses for March 19, 2019 Special City Election EXPENSE REPORT The City conducted a special municipal election on Tuesday, March 19, 2019. Below is a report of the expenses incurred: Advertising 1,310.78 Polling Location 200.00 Ballots 754.00 Election Board 546.38 Canvass Board 72.52 Other 204.59 TOTAL $3,088.27 City Council approved Resolution 2019-021 on February 25, 2019 which provided a mid-cycle budget amendment increase of $3,000 for the Elections budget. 121 1 4/1/2019 8:30 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 April 2019 Su Mo Tu We Th Fr Sa 1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 May 2019April 2019 Mar 31 Apr 1 2 3 4 5 6 6:00pm CC WS Mtg - Review Audit Procedures-CANCELL 6:00pm CC Special Meeting 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 7 8 9 10 11 12 13 5:30pm Council WS- BDO Audit (Chambers) 7:00pm CC Mtg (Chambers) 14 15 16 17 18 19 20 5:00pm CC Dinner w/ KPB Assembly (Council Chambers) 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg-CANCELLED (Council Chambers) 21 22 23 24 25 26 27 7:00pm CC Mtg (Chambers) 28 29 30 May 1 2 3 4 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 122 2 4/1/2019 8:30 AMCouncil Calendar Su Mo Tu We Th Fr Sa 1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31 May 2019 Su Mo Tu We Th Fr Sa 12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 June 2019May 2019 Apr 28 29 30 May 1 2 3 4 12:00pm PACAB Mtg 5 6 7 8 9 10 11 7:00pm P&Z Mtg (Council Chambers) 12:00pm CC WS Mtg (Council Chambers) 12 13 14 15 16 17 18 7:00pm CC Mtg (Chambers) 12:00pm PACAB Work Session (Chambers) 19 20 21 22 23 24 25 6:00pm P&Z WS (Chambers) 12:00pm CC WS Mtg (Council Chambers) 26 27 28 29 30 31 Jun 1 City Holiday - Memorial Day 7:00pm CC Mtg (Chambers) SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 123 3 4/1/2019 8:30 AMCouncil Calendar Su Mo Tu We Th Fr Sa 12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 June 2019 Su Mo Tu We Th Fr Sa 1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31 July 2019June 2019 May 26 27 28 29 30 31 Jun 1 2 3 4 5 6 7 8 7:00pm P&Z Mtg (Council Chambers) 12:00pm PACAB Mtg 12:00pm CC WS Mtg (Council Chambers) 9 10 11 12 13 14 15 7:00pm CC Mtg (Chambers) 16 17 18 19 20 21 22 6:00pm P&Z WS (Chambers) 12:00pm PACAB Work Session (Chambers) 12:00pm CC WS Mtg (Council Chambers) 23 24 25 26 27 28 29 7:00pm CC Mtg (Chambers) 30 Jul 1 2 3 4 5 6 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 124