HomeMy WebLinkAbout08292011 City Council Packet S 1 ity council
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Special CCouncil Meeting
August 29, 2011
City Council Chambers Following adjournment of the 6:00 p.m.
City Council Work Session
The City of Seward, Alaska
Special City Council Meeting
August 29, 2011 Following adjournment of the 6:00 p.m. Council Chambers
City Council Work Session
1. Call to order
Willard E. Dunham 2. Pledge of allegiance
Mayor 3. Roll call
Term Expires 2011 4. Citizens' comments on any subject except those items
Jean Bardarson scheduled for public hearing. [Those who have signed in will
Vice Mayor be given the first opportunity to speak Time is limited to 2
Term Expires 2012 minutes per speaker and 30 minutes total time for this agenda
item.]
Robert Valdatta
Council Member 5. Approval of agenda
Term Expires 2011
6. New Business
Tom Smith
Council Member A. Resolutions
Term Expires 2011
Vanta Shafer 1. Resolution 2011 -068, Authorizing The City Manager
Council Member To Enter Into A Contract For $217,292 With R &M Consultants Inc
Term Expires 2011 For Marine Coastal Engineering Services For The Seward Marine
Industrial Center And Appropriating Funds.
Marianna Keil
Council Member B. Other New Business Items
Term Expires 2012
1. Select City Manager In Person Interview
Ristine Casagranda Questions.
Council Member
Term Expires 2012
2. Discussion if the council wants to submit a
comment in opposition or support to the National Marine
Phillip Oates Fisheries Service on the Halibut Catch Sharing Plan (0648 -
C ity Manager BA37) to meet the September 6, 2011 comment deadline.
Johanna Kinney 3. Give clarification on written decision issued by
City Clerk the City Council for the August 3, 2011 NVision/AVTEC
Fire Department Appeal Hearing.
7. Council comment
City of Seward, Alaska Council Agenda
August 29, 2011
8. Citizens' comments
9. Council and administration response to citizens' comments
10. Adjournment
City of Seward, Alaska Council Agenda
August 29, 2011
CITY OF SEWARD
SPECIAL MEETING REQUEST
Pursuant to Seward City Code 2.10.030 (2), this is to serve as
the written notice calling a Special City Council Meeting on
August 29, 2011 following the adjournment of the 6:00 p.m.
City Council Work Session for the purpose of:
A. Resolutions
1. Resolution 2011 -068, Authorizing The City Manager To Enter Into A
Contract For $217,292 With R &M Consultants Inc For Marine Coastal Engineering
Services For The Seward Marine Industrial Center And Appropriating Funds.
B. Other New Business Items
1. Select City Manager In Person Interview Questions.
2. Discussion if the council wants to submit a comment in opposition
or support to the National Marine Fisheries Service on the Halibut Catch
Sharing Plan (0648 -BA37) to meet the September 6, 2011 comment deadline.
3. Give clarification on the written decision issued by the City
Council for the August 3, 2011 NVision/AVTEC Fire Department Appeal
Hearing.
Signed this o;� day of August, 2011.
Mayor City anager
2 Council Members
Upon this request the City Clerk will give due and proper
notice as required by SCC 2.10.032
(No business shall be transacted other than stated above.)
e o f sett,
NOTICE OF
SPECIAL MEETING q sK P
NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a work session and
a special meeting on August 29, 2011.
The City Council Special Meeting will be called to order after the adjournment of the 6:00 p.m.
Building Code Work Session, for the purpose of:
A. Resolutions
1. Resolution 2011 -068, Authorizing The City Manager To Enter Into A Contract For
$217,292 With R &M Consultants Inc For Marine Coastal Engineering Services For The Seward
Marine Industrial Center And Appropriating Funds.
B. Other New Business Items
1. Select City Manager In- Person Interview Questions.
2. Discussion if the council wants to submit a comment in opposition or support
to the National Marine Fisheries Service on the Halibut Catch Sharing Plan (0648 -BA37)
to meet the September 6, 2011 comment deadline.
3. Give clarification on the written decision issued by the City Council for the
August 3, 2011 NVision/AVTEC Fire Department Appeal Hearing.
The special meeting will be conducted in City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend.
JOHANNA KINNEY
CITY CLERK
POSTED: 8/26/2011 at 5:00 p.m.
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
FOR $217,292 WITH R &M CONSULTANTS INC FOR MARINE COASTAL
ENGINEERING SERVICES FOR THE SEWARD MARINE INDUSTRIAL
CENTER AND APPROPRIATING FUNDS
WHEREAS, the City of Seward received a grant from the State of Alaska to fund a marine
coastal engineering study at the Seward Marine Industrial Center (SMIC) for the purpose of studying
the feasibility of moving the Coastal Villages fishing fleet to Seward; and
WHEREAS, the City of Seward released a Request for Proposal (RFP) for coastal marine
engineering services; and
WHEREAS, two proposals were received by the City of Seward in response to the RFP; and
WHEREAS, R &M Consultants Inc was the highest scoring proposer to the RFP for a cost of
$217,292.
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 enter into a contract with R &M
Consultants Inc for coastal marine engineering services for $217,292 in substantially the form
presented at this meeting.
Section 2. Funding in the amount of $217,292 is hereby appropriated from state grant
revenue account number 278 - 2780 - 4680 -0200 to contracted services account 278 - 2780 -5390.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29 day of
August 2011.
Council Agenda Statement
Meeting Date: August 29, 2011
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Through: Phillip Oates, City Manager
From: Michelle Weston, Assistant City Manager q
Agenda Item: Appropriation of $217,292 for a contract with
R &M Consultants Inc. for coastal marine
engineering services for the Seward Marine Industrial Center.
BACKGROUND & JUSTIFICATION:
The City of Seward received funding from the State of Alaska to study the economic and engineering
feasibility of moving the Coastal Villages fishing fleet to the Seward Marine Industrial Center
(SMIC). The City released a request for proposals for coastal marine engineering services on July 26,
2011. The City received two proposals for the RFP from two Anchorage firms, R &M Consultants
Inc. and PND Engineers, Inc. R &M Consultants, Inc. was deemed the highest scoring responsive
proposer at a cost of $217,292.
INTENT: To authorize the City Manager to enter into a contract with R &M Consultants Inc. for
coastal marine engineering services at the Seward Marine Industrial Center and to appropriate
$217,292.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies:
FISCAL NOTE: The City of Seward has received $400,000 from the State of Alaska for this
project, with no required match. These project costs will be charged to account 278 - 2780 -5390 in the
amount of $217,292.
Approved by Finance Department: c2A
ATTORNEY REVIEW: Yes X No 00
RECOMMENDATION:
Recommend approval of Resolution 2011 - �a�g appropriating $217,292 and authorizing the City
Manager to enter into a contract with R &M Consultants Inc. to provide coastal marine engineering
services at the Seward Marine Industrial Center.
DRAFT
Professional Services Agreement with
R &M Consultants Inc
for Coastal Marine Engineering and Related Technical Services
This AGREEMENT, made and entered into this 30 day of August, 2011 by and
between the CITY OF SEWARD, a home rule municipal corporation located within the
Kenai Peninsula Borough and organized under the laws of the State of Alaska,
hereinafter referred to as the "City" and R &M Consultants Inc, a corporation
authorized to do business in Alaska, with offices located at 9101 Vanguard Drive,
Anchorage, AK 99507, hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, the City of Seward wishes to enter into a contract with an
independent contractor to provide coastal marine engineering, civil and geotechnical
services for the Seward Marine Industrial Center (SMIC) basin in Seward, Alaska; and
WHEREAS, in response to a request for proposals, R &M Consultants Inc
submitted a proposal asserting it is qualified to perform these services and able to do
so in a timely manner;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
1.0 DEFINITIONS
1.1 "Agreement" shall mean this Professional Services Agreement, including:
Exhibit A - R &M Consultants Inc proposal
Exhibit B — City's request for proposals dated July 26, 2011, and
addendums dated July 28, August 4 and August 9, 2011
(collectively, "RFP ").
1.2 "Change Order" is an addition to, or reduction of, or other revision
approved by the City in the scope, complexity, character, or duration of the
services or other provisions of this Agreement.
1.3 "City" shall all mean the City of Seward, Alaska.
1.4 "Contracting Officer" shall mean Assistant City Manager, and include any
successor or authorized representative.
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1.5 "Project" shall mean the planning, design and other tasks related to
expansion of the SMIC Basin in Seward, Alaska, as further described in
the City's RFP.
2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This
Agreement shall remain in full force and effect until the Project has been
completed and further, until all claims and disputes have been concluded. The
work is considered complete when the City has received and found acceptable
the finished product of all work described in 4.0 Scope of Services or changes
thereto. This date is not necessarily the Completion Date as described in 5.0
Completion Date. This Agreement may be amended only in writing and upon
compliance with all applicable statutes, ordinances, and regulations.
3.0 FEES. As outlined in Exhibit C. Not to Exceed $217,292 without a written
contract amendment and approved scope of work.
4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of
work described in the Contractor's proposal, Exhibit A, to provide professional
services based on approved standards and instructions as specifically described
in Exhibit B.
This Scope of Services can only be changed in writing pursuant to Section 26.0
of this Agreement.
5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work
described herein shall be as follows:
August 30, 2011 Project Kick off Meeting in Seward
September 15, 2011 ROM Project Cost and scope to Northern Economics
January 15, 2012 Design Concepts Produced and Evaluated by the City
February 1, 2012 Design Concepts presented at public meeting
February 28, 2012 Design Concepts finalized
March 15, 2012 Geotechnical investigations complete
March 31, 2012 Cost estimates for construction produced
April 1, 2012 35% Engineering design documents
April 15, 2012 Project Permitting submitted
An additional project timeline is included in Exhibit A.
6.0 PERSONNEL /ORGANIZATION
6.1 Key Personnel. Work and services provided by the Contractor will be
performed by as outlined in Exhibit A.
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6.2 Changes in Key Personnel. The Contractor shall give the City reasonable
advance notice of any necessary substitution or change of key personnel
and shall submit justification therefore in sufficient detail to permit the City
to evaluate the impact of such substitution on this Agreement. No
substitutions or other changes shall be made without the written consent
of the City.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all
required professional services to complete the project and any additions or
changes thereto. The Contractor accepts the relationship of trust and confidence
established between it and the City by this Agreement. The Contractor
covenants with the City to furnish its best skill and judgment, and to further the
interest of the City at all times through efficient business administration and
management. The Contractor shall provide all services in a competent manner.
It is understood that some of the services to be rendered hereunder required
professional judgment and skill. In those cases, the Contractor agrees to adhere
to the standards of the applicable profession.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement.
Contractor's failure to meet any such deadlines or required performance may
adversely imperil other contractual obligations of the City. If the Contractor fails
to deliver the engineering design documents by April 1, 2012, Contractor shall
pay as liquidated damages and not as penalty $ 100 per day for each day after
April 5, 2011 the documents are not delivered.
9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all
times comply with and observe all applicable federal, state and local laws,
ordinances, rules, regulations, and executive orders, all applicable safety orders,
all orders or decrees of administrative agencies, courts, or other legally
constituted authorities having jurisdiction or authority over the Contractor, the
City, or the service which may be in effect now or during performance of the
services. Contractor shall have a Seward and State of Alaska Business License.
10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the
City, its officers, agents and employees harmless from any claims or liability of
any nature or kind including costs and expenses (including attorneys' fees), for or
on account of any and all legal actions or claims of any character whatsoever
alleged to have resulted from injuries or damages sustained by any person or
persons or property (including contract rights or intangible assets) and arising
from, or in connection with, performance of this Agreement, and caused in whole
or in part by any negligent act or omission of the Contractor; provided, however,
that this paragraph shall not be construed so as to require indemnification of the
City from such claims, damages, losses, or expenses caused by or resulting from
the negligence of the City.
11.0 INSURANCE. The Contractor understands that no City insurance coverage,
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including Workers' Compensation, are extended to the Contractor while
completing the terms of this Agreement. The Contractor shall carry adequate
(commercially reasonable coverage levels) insurance covering Workers'
Compensation to Alaska statute, general commercial liability, automobile liability,
professional liability, and property damage including a contractual liability
endorsement covering the liability created or assumed under this Agreement.
The Contractor shall not commence work under this Agreement or any work on
any phase of the Project until the Contractor provides the City with certificates of
insurance evidencing that all required insurance has been obtained. These
insurance policies and any extension or renewals thereof must contain the
following provisions or endorsements:
a. City is an additional insured thereunder as respects liability arising out
of or from the work performed by Contractor of City of Seward. The
Contractor shall procure and maintain during the life of this Agreement,
Commercial General Liability Insurance on an "occurrence basis" with
limits of liability not less than $ 2 Million per occurrence and $ 2 Million
aggregate combined single limit, personal injury, bodily injury and
property damage.
b. Contractor shall procure and maintain during the life of this Agreement
Professional Liability- Errors and Omissions Insurance on an
"occurrence basis" with limits of liability not less than $1,000,000 per
occurrence.
c. Contractor shall procure and maintain during the life of this agreement,
Motor Vehicle Liability Insurance, including no -fault coverage with
limits of liability not less than $1,000,000 per occurrence combined
with single limit Bodily Injury and Property Damage.
d. Insurer waives all rights of subrogation against City of Seward and its
employees or elected officials.
e. The insurance coverage is primary to any comparable liability
insurance carried by the City of Seward.
f. The following shall be Additionally Insureds, The City of Seward,
including all elected and appointed officials, commissioners and
employees.
g. City will be given thirty (30) days prior notice of cancellation or material
alteration of any of the insurance policies specified in the certificate.
Upon request, Contractor shall permit the City to examine any of the insurance
policies specified herein. Any deductibles or exclusions in coverage will be
assumed by the Contractor, for account of, and at the sole risk of the Contractor.
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12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation,
performance and enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services
hereunder include full compensation for all work products and other materials
produced by the Contractor and its subcontractors pertaining to this Agreement.
The originals of all material prepared or developed by the Contractor or its employees,
agents, or representatives hereunder, including documents, drawings, designs,
calculations, maps, sketches, notes, reports, data, models, computer tapes, and
samples shall become the property of the City when prepared, whether delivered or not,
and shall, together with any materials furnished the Contractor and its employees,
agents, or representatives by the City hereunder, be delivered to the City upon request
and, upon termination or completion of this Agreement. Materials previously created
and copyrighted by the Contractor included in this project will remain property of the
Contractor. Copies will be made available to the City upon request. Materials
purchased from and copyrighted by third parties are not included in this provision.
14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to
defend, indemnify, and save the City harmless from and against any and all
claims, costs, royalties, damages and expenses of any kind of nature whatsoever
(including attorneys' fees) which may arise out of or result from or be reasonably
incurred in contesting any claim that the methods, processes, or acts employed
by the Contractor or its employees in connection with the performance of
services hereunder infringes or contributes to the infringement of any letter
patent, trademark, or copyright. In case such methods, processes, or acts are in
suit held to constitute infringement and use is enjoined, the Contractor, within
reasonable time and at its own expense, will either secure a suspension of the
injunction by procuring for the City a license or otherwise, or replace such
method, process, etc., with one of equal efficiency.
15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor-
mance by the other of any of the terms of this Agreement or to exercise any right
or remedy herein conferred shall constitute a waiver or relinquishment to any
extent of its rights to rely upon such terms or rights on any future occasion. Each
and every term, right, or remedy of this Agreement shall continue in full force and
effect.
16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and
workmanlike manner. The Contractor shall comply with all federal and state
statues, ordinances, orders, rules, and regulations pertaining to the protection of
workers and the public from injury or damage, and shall take all other reasonable
precautions to protect workers and the public from injury or damage.
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17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by
either party upon ten (10) days written notice if the other party fails
substantially to perform in accordance with its terms. If the City terminates
this Agreement it will pay the Contractor a sum equal to the percentage of
work completed and accepted by the City that can be substantiated by the
Contractor and the City, offset by any amounts owed to the City.
However, within the ten (10) day Notice of Intent to terminate the party in
default shall be given an opportunity to present a plan to correct its failure.
17.2 Convenience Suspension or Termination. The City may at any time
terminate or suspend this Agreement for any reason including its own
needs or convenience. In the event of a convenience termination or
suspension for more than six (6) months, the Contractor will be
compensated for authorized services and authorized expenditures
performed to the date of receipt of written notice of termination or
suspension. No fee or other compensation for the uncompleted portion of
the services will be paid, except for already incurred indirect costs which
the Contractor can establish and which would have been compensated
but because of the termination or suspension would have to be absorbed
by the Contractor without further compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt of a Notice of Termination or suspension and
except as otherwise directed by the City or its Representative, the
Contractor shall:
a. stop work performed under this Agreement on the date and to the
extent specified in the Notice; and
b. transfer title to the City (to the extent that title has not already been
transferred) and deliver in the manner, at the times, and to the extent
directed by the City's representative, work in progress, completed
work, supplies, and other material produced as a part of, or acquired in
respect of the performance of the work terminated or suspended by the
Notice.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate
against any employee or applicant for employment because of race, religion,
color, national origin, or because of age, physical handicap, sex, marital status,
change in marital status, pregnancy, or parenthood when the reasonable
demands of the position do not require distinction on the basis of age, physical
handicap, sex, marital status, changes in marital status, pregnancy, or
parenthood. The Contractor shall take affirmative action required by law to
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ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, national origin, ancestry,
age, or marital status.
19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign,
subcontract or delegate this Agreement, or any part of it, or any right to any of
the money to be paid under it without written consent of the Contracting Officer.
20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent
contractor in the performance of the work under this Agreement, and shall not be
an employee or agent of the City.
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the
Contractor shall pay all federal, state and local taxes incurred by the Contractor
and shall require their payment by any other persons in the performance of this
Agreement.
22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully
govern the services performed by the Contractor. If any term, condition, or
provision of this Agreement is declared void or unenforceable, or limited in its
application or effect, such event shall not affect any other provisions hereof and
all other provisions shall remain fully enforceable.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties as to the services to be rendered by the Contractor. All previous or
concurrent agreements, representations, warranties, promises, and conditions
relating to the subject matter of this Agreement are superseded by this
Agreement.
24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall
perform all work in a timely fashion, and in accordance with the schedules
included in this Agreement and Exhibits.
25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this
Agreement, if not otherwise resolved by the parties, shall be in the appropriate
Alaska State court in Anchorage, Alaska.
26.0 CHANGES IN SCOPE OF WORK.
26.1 General. No claim for additional services not specifically provided in this
Agreement will be allowed, nor may the Contractor do any work or furnish
any materials not covered by the Agreement unless the work or material is
ordered in writing by the Contracting Officer. Preparation of Change
Orders and design changes, due to errors and /or omissions by the
Contractor, will be done at the sole expense of the Contractor.
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26.2 Changes in Scope of Work. The City or its representative may, at any
time, by a written Change Order delivered to the Contractor, make
changes to the scope of work, or authorize additional work outside the
scope of work.
26.3 Compensation to the Contractor. If any Change Order for which
compensation is allowed under this Article causes an increase or
decrease in the estimated cost of, or time required for, the performance of
any part of the work under this Agreement, or if such change otherwise
affects other provisions of this Agreement, an equitable adjustment will be
negotiated. Such an adjustment may be:
a. in the estimated cost or completion schedule, or both;
b. in the amount of fee to be paid; and
c. in such other provisions of the Agreement as may be affected, and the
Agreement shall be modified in writing accordingly.
26.4 Any claim by the Contractor for adjustment under this section must be
asserted within fifteen (15) days from the day of receipt by the Contractor
of the notification of change; provided, however, that the City or its
representative, deciding that the facts justify such action, may receive and
act upon any such claim asserted at any time prior to final payment under
this Agreement. Failure to agree to any adjustment shall be a dispute
within the meaning of Section 25.0 of this Agreement.
27.0 LIMITATION OF FUNDS.
27.1 At no time will any provision of this Agreement make the City or its
representative liable for payment for performance of work under this
Agreement in excess of the amount that has been appropriated by the City
Council and obligated for expenditure for purposes of this Agreement.
27.2 Change orders issued pursuant to Section 26 of this Agreement shall not
be considered an authorization to the Contractor to exceed the amount
allotted in the absence of a statement in the change order, or other
modification increasing the amount allotted.
27.3 Nothing in this Section shall affect the right of the City under Section 17 to
terminate this Agreement.
28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of
the City or its representative before execution of this Agreement shall be deemed
to be work done after its execution and shall be subject to all the conditions
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contained herein.
29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement
shall be sufficient if sent by the parties in the United States mail, postage paid, to
the address noted below:
City of Seward R &M Consultants Inc
City Manager 9101 Vanguard Drive
PO Box 167 Anchorage, AK 99507
Seward, Alaska 99664 -0167
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IN WITNESS WHEREOF, the parties have executed this Agreement.
City of Seward R &M Consultants Inc.
By: Phillip Oates By:
Title: City Manager Title:
Date: Date:
ATTEST:
Johanna Kinney, CMC
City Clerk
(city seal)
Page 10 of 10
Memorandum
Meeting Date: August 29, 2011 a jof se
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To: Mayor Dunham, City Council Members ;4
4 �A510P
From: Johanna Kinney, City Clerk
Agenda Items: Interview Forms for Revie
Council,
Attached is a list of suggested in- person interviews for September 8, 2011. Please review and as
a body make adjustments as you see fit. These are your interview questions, however you should
select them as a group.
Also, please see the tentative schedule I have made for September 8:
1:00 p.m.: Lunch with City Manager, Mayor, and any of Council who would like to
attend (please let me know if you want to and can attend)
(restaurant to be determined)
2:00 - 4:30 p.m.: City of Seward tour with City Manager and various council members (again,
please let me know if you want to /can attend)
5:00 — 6:30 p.m.: Reception for Community and Candidates to Meet
(location and catering to be determined)
7:00 p.m.: Interviews to begin, slated for 45 — 60 minutes each.
Suggested In Person Interview Questions:
1. What do you know about Seward and why are you interested in the position of City
Manager in Seward?
2. What do you think are the primary functions of the City Manager?
3. What personal factors do you consider most important in evaluating yourself and your
successes in a position?
4. What criteria are you using to evaluate the City of Seward as an employer?
5. What experience do you have in operating a government in a city with a tourism -based
economy?
6. How do you plan to communicate with the City Council? The public? The staff?
7. Give an example of what you consider a short-term and long -term goal or project.
8. Describe your thoughts on the role of government and the relationship to the private
sector.
9. How would you be accessible to the public?
10. Describe a professional accomplishment that you feel best demonstrates your skill as a
municipal manager.
11. Describe your approach and any successes you have had in stimulating or organizing
economic development in a community?
12. Describe your approach to strategic planning and /or goal setting with the Council and
staff
13. When preparing a budget, what do you look at first — revenue enhancement or cost
cutting?
14. How would you get the public involved early in the budgeting process?
15. This has already been asked of you, but if offered the position, when could you start?
16. What questions or concerns do you have about the position?
17. Do you have any other questions for us?
Other possible questions to add:
A. Give some examples of what government could do to enhance public service?
B. Describe your management style and how you would balance your time between the
office and the community.
C. Describe your background experience. What have been the areas of emphasis?
D. What tools or techniques will you use to make sure the city does not face unnecessary
controversy?
E. What emergency services should a small town provide to its citizens?
F. What are the minimum public safety functions that should be provided?
G. What do you believe are your most significant achievements or accomplishments to date?
H. What role do you think the Chamber of Commerce plays and how would you interact
with them?
Already Used, August 17 and 18, 2011 (Telephonic Interviews):
1. What personal qualities do you possess that may be considered an asset for a City Manager?
2. How will you go about assessing strengths and weaknesses of the city and identifying
opportunities for improvement?
3. What ideas do you have for economic diversification?
4. What role do short and long range plans play in the operation of the city?
5. Describe your philosophy and experience in relation to private development and planning &
zoning.
6. What approach would you take toward rectifying an aging infrastructure situation?
7. Describe your involvement or interaction with State or federal delegations or agencies.
8. What experience do you have with budget preparation and finance?
9. Define who you believe your customers are and give us your definition of customer service.
10. Describe any experiences you've had with port communities or harbor expansions.
11. How would you support businesses that are established in town?
12. Present your views on human resource management, including team building and the role of
department heads.
13. What have been your most challenging issues in labor relations, personnel matters and grievance
procedures?
14. What did you learn from this above experience?
15. No two cities are alike. What do you see as the defining characteristics of Seward, and how
would those characteristics affect your approach to managing the Seward city government?
16. • - - • - • - .. - . . • - . - - - - . , What general comments or questions
do you have about Seward? Also added: What do you know about Seward?
17. If offered the job, when could you start?
18. Do you have any questions for us?
Johanna Kinney
From: Brenda Ballou
Sent: Friday, August 26, 2011 1:58 PM
To: Johanna Kinney
Subject: summary of federal rule - copied from website
[Federal Register: July 22, 2011 (Volume 76, Number 141)]
[Proposed Rules]
[Page 44155 - 44198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy11 -47]
[[Page 44155]]
Vol. 76
Friday,
No. 141
July 22, 2011
Part III
Department of Commerce
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 679
Pacific Halibut Fisheries; Catch Sharing Plan for Guided Sport and
Commercial Fisheries in Alaska; Proposed Rule
[[Page 44156]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 679
[Docket No. 101027534 - 0559 -01]
RIN 0648 -BA37
Pacific Halibut Fisheries; Catch Sharing Plan for Guided Sport
and Commercial Fisheries in Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
1
SUMMARY: NMFS proposes regulations that would implement a catch sharing
plan for the guided sport and commercial fisheries for Pacific halibut
in waters of International Pacific Halibut Commission (IPHC) Regulatory
Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). If
approved, this catch sharing plan will change the annual process of
allocating halibut between the guided sport and commercial fisheries in
Area 2C and Area 3A, establish allocations for each sector, and specify
harvest restrictions for guided sport anglers that are intended to
limit harvest to the annual guided sport fishery catch limit. In order
to provide flexibility for individual commercial and guided sport
fishery participants, the proposed catch sharing plan also will
authorize annual transfers of commercial halibut quota to charter
halibut permit holders for harvest in the guided sport fishery. This
action is necessary to achieve the halibut fishery management goals of
the North Pacific Fishery Management Council.
http:/ /frwebgatel.access.gpo.gov /cgi- bin/ GPOgate. cgi? WAISdocID= 62MYoP /0 /3 /0 &WAISaction= retrieve
Brenda Ballow
Deputy City Clerk
Notary Public
City of Seward
PO Box 167
Seward, AK 99664
(907) 224-4046
2
CITY OF SEWARD • Main Office (907) 224 -4050
P.O. BOX 167 4 o S • Police (907) 224 -3338
SEWARD ALASKA 996640167 d .. :S0 • • Harbor (907) 224 -3138
• Fire (907) 224-3445
<(pSKP • City Clerk (907) 224 4046
• Community Development (907) 224 -4049
• Utilities (907) 224 4050
• Fax (907) 224 -4038
August 26, 2011
City Clerk
City of Seward
PO Box 167
Seward, AK 99664 -0167
To Whom It May Concern,
It is hereby requested that the City Council provide clarification of their
decision regarding the appeal of an Administrative decision by AVTEC for
extension of their temporary Certificate of Occupancy for Building Permit
#2009 -07, AVTEC Culinary Academy Expansion and Cafeteria Remodel.
Clarification is necessary to determine if approval of a demolition permit for
the building negates other aspects of the Council decision.
Sincerely,
fI / 4
Eddie Athey
Deputy Fire Chief
City of Seward
city of Seward City of Seward, Alaska
A of Sek Y 1963 1965 2005
u ' � P.O. Box 167
Seward, Alaska 99664 -0167
' All- America City
14.450' Main Office (907) 224 -4050 , r
Facsimile (907) 224 -4038
DECISION OF THE SEWARD CITY COUNCIL REGARDING
THE APPEAL BY NVISION ARCHITECTURE OF
ADMINISTRATION'S DENIAL OF AN EXTENSION TO THE TEMPORARY
CERTIFICATE OF OCCUPANCY FOR AVTEC — ALASKA CULINARY ACADEMY
EXPANSION AND CAFETERIA REMODEL, BUILDING PERMIT NUMBER 2009 -07
At 7:05 p.m. on Wednesday, August 3, 2011, the Seward City Council convened as
a hearing board to hear the above referenced appeal. Council members Vanta Shafer,
Tom Smith, Ristine Casagranda, Marianna Keil, Vice Mayor Jean Bardarson, and Mayor
Willard Dunham were present and so constituted a quorum. Fred Esposito, Director of
AVTEC, represented the Appellant, and was accompanied by Bill Tatum (NVision
Architecture), and Rebecca Smith (DOT / PF Project Manager). Eddie Athey, Seward
Deputy Fire Chief, and Stefan Nilsson, Seward Engineer, were present and presented the
administration's position. Phillip Oates, City Manager, testified in rebuttal to the City's
position.
Mayor Dunham disclosed that he previously met with Fred Esposito and City
Manager Phillip Oates during which the subject matter of this hearing was brought up in
conversation. He reported that the extent of his input was to notify Mr. Esposito that the
City had administrative appeal procedures that could be followed. After a discussion
amongst the council members and confirmation that the administration and AVTEC had no
objection to the mayor's participation, it was found that the prior communications did not
result in improper ex pane communications that would impact the mayor's ability to
participate in the hearing. The mayor also disclosed that he sits on the AVTEC Board.
The City Council determined that his role as a board member did not result in a conflict of
interest.
Following oral testimony and questions from the Council members and a review of
the written record as presented, the Council reached the following decision:
Issue on Appeal
NVision Architecture and the Alaska Vocational Technical Center were granted a
temporary certificate of occupancy by Fire Chief David Squires that expires August 9, 2011
and is not subject to extension. In a letter dated June 30, 2011, Fire Chief Squires issued
an administrative decision denying a request for an extension of the temporary certificate of
occupancy for one more year. NVision Architecture submitted an appeal on July 8, 2011.
Findings
1. The Council is guided in its appeal decision by Seward City Code ( "SCC ")
Section 9.15.112(F) which reads as follows:
9.15.112 Uniform Fire Code B enforcement, appeals.
F. The council shall either affirm or reverse the administrative official's
ruling, in whole or in part. The council may vote to reverse, in whole
or in part, only if it finds the appellant has proven the following:
1. the relief sought will not result in a violation of any applicable federal
or state regulation;
2. the relief sought is in harmony with established city codes, policies
and procedures;
3. the relief sought will not significantly increase the risk of loss of life or
property on the subject property or on adjacent properties; and
4. public services and fire protection are not impaired and are adequate
to meet any new requirements resulting from granting the relief
sought, and it will not significantly increase the cost of operations of
public service and fire protection agencies.
A decision may be made subject to the appellant's compliance with terms
and conditions deemed necessary by the council.
2. In 2009, AVTEC undertook a project to construct a new culinary arts facility
and to demolish the old building, described as Building K. To complete this project,
$500,000 of State funds was intended to be used as a match for an additional $500,000 in
Economic Development funds from the United States. At this time, AVTEC has received
$500,000 from the State and is awaiting the federal funding.
3. In 2009, AVTEC received a Temporary Certificate of Occupancy, subject to
four stated conditions that were agreed to between the parties. It was expressly agreed
that there would be no possibility of an extension of the Temporary Certificate of
Occupancy.
4. The new construction resulted in an oversized facility that would require a
sprinkler system throughout the facility, or would require part of the existing structures, i.e.,
Building K, to be demolished. No sprinkler system was installed with the understanding
that Building K would be demolished.
5. Building K has not been demolished. AVTEC has the money to demolish the
building by using remaining State funds, but prefers to leverage the available funds to
complete the project, when the federal funds are available, to include additional siding,
provide ingress and egress for the two buildings, demolition of Building K, and creation of a
green space. It would be less expensive in the long run to demolish the building as part of
finalizing the construction of the new culinary arts facility.
6. Building K is currently vacant, contains no firefighting equipment or fire
detection or smoke detection equipment, and there are no current plans for demolition.
AVTEC would like to continue using portions of the vacant structure for student access.
The Fire Department has safety concerns related to any use of this structure, and both
parties acknowledge that it does not meet current Fire Code requirements.
7. Although not described in the record, Fred Esposito and Bill Tatum each
testified that AVTEC is ready, willing, and able to provide fire detection and fire
suppression in Building K until federal funds are available to demolish the building.
Rebecca Smith testified that a CM /GC contract is currently in place and the building can be
immediately demolished as soon as the federal funds are available.
8. Eddie Athey and Stefan Nilsson testified regarding the requirements of the
Fire Code and specific concerns for the safety of the students at AVTEC utilizing the
dormitories and the cafeteria, as well as the potential that the City's Fire Department could
be completely overwhelmed if a fire broke out in the vacant portion.
Conclusion
Based on the above findings of fact, the Council finds that an extension of the
Temporary Certificate of Occupancy for a specified period would not result in a violation of
applicable federal or State regulation, provided that certain conditions are met. An
extension must meet the conditions stated herein to be consistent with established City
codes, policies and procedures, and so that the effect of the extension will not significantly
increase the risk of loss of life or property at AVTEC or adjacent properties. The conditions
that follow are intended to not impair public services and fire protection and are reasonably
expected to be adequate to meet any new requirements resulting from granting the
temporary extension. The conditions imposed are not expected to significantly increase
the cost of operations of public service and fire protection agencies.
The City Council finds that the fire department properly did its job and enforced an
agreement entered into voluntarily by AVTEC whereby specified actions would be
accomplished within a specified time frame. The extension granted by this decision is not
intended to set a precedent or to indicate that the City's interest in public safety is
diminished in any way. On the contrary, the conditions imposed in exchange for an
extension of the Temporary Certificate of Occupancy are intended to protect the safety of
the AVTEC students as well as others who may use the facility or adjacent properties.
The Temporary Certificate of Occupancy is hereby extended for thirty days from the
date of this Decision. AVTEC shall, on or before thirty days from the date of this decision,
have in place the following, subject to approval by the Seward Fire Department:
1. A personal fire watch system consisting of trained personnel to inspect
Building K on a 24/7 basis;
2. An alarm system shall be installed in Building K;
3. Fire extinguishers shall be installed in Building K. The equipment and the
locations shall be subject to approval by the Fire Department as well as the
number of devices.
Provided that the above conditions are met within thirty days, the Temporary
Certificate of Occupancy shall be further extended to February 9, 2012, provided further
that AVTEC shall apply for a demolition permit in a timely manner so that a demolition
permit is issued on or before February 9, 2012. No further extensions of the Temporary
Certificate of Occupancy shall be issued.
During the periods of extension, Building K shall remain vacant and inaccessible
except for fire watch purposes or installation and maintenance of fire detection and
suppression equipment, with the exception of:
1. The west entrance and east hallway can continue to be used for ingress and
egress as shown on the attached drawing (R 67);
2. These areas shall remain emptied of all furniture or equipment (other than
fire suppression or detection equipment), and shall be secured.
The conditions stated in this Decision shall be taken into consideration if any use of
Building K is to be contemplated at any time during the proposed demolition period.
This Decision constitutes a final decision for the City of Seward. Either party may
appeal to the Alaska Superior Court within 30 days from the date of this Decision, pursuant
to AS 22.10.020.
Dated this 5 day of August, 2011.
CITY OF SEWARD
/
illard Dunham,
Mayor
ATTEST:
shanna Kinney,
ity Clerk
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