HomeMy WebLinkAbout03272007 City Council Packet
The City of Seward, Alaska
Tuesday, March 27,2007
Vanta Shafer
Mayor
Term Expires 2007
Willard E. Dunham
Vice Mayor
Term Expires 2008
Robert Valdatta
Council Member
Term Expires 2007
Robert Thomas
Council Member
Term Expires 2007
~SteveSchafe1' . -- -
Council Member
Term Expires 2007
Jean Bardarson
Council Member
Term Expires 2008
Linda Amberg
Council Member
Term Expires 2008
Marvin Yoder
Interim City Manager
Jean Lewis
City Clerk
Brad Meyen
Cheryl Brooking
City Attorney
City Council Meeting
7:30 p.m. Council Chambers
1.
2.
3.
4.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITIZENS' 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 2 minutes per
speaker and 30 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)
SPECIAL ORDERS, PRESENTATIONS AND REPORtS
6..
A.Proclamations and Awards
1. Earthquake Day Proclamation .. . . . ,. . .. . .. . .. . .. . . .Pg. 3
2. Boys and Girls Club Proclamation.. .. . .. . .. . . . . . . . . .Pg. 4
B. Borough Assembly Report
. C. City Manager's Report
D. Chamber of Commerce Report
E. Seward Planning and Zoning Commission Report
F. School Board Report
G. Other Reports, Announcements and Presentations
1. Chamber Report on Seward's Ocean Festival in May
City of Seward, Alaska
March 27, 2007
Council Agenda
Page 1
7. PUBLIC HEARINGS
A. Resolutions Requiring a Public Hearing
1. Resolution 2007-025. In Support Of The Adoption Of The City Of Seward
Emergency Operations Plan, Revised March 2007. ................................ .Pg. S
8. NEW BUSINESS
A. Resolutions
*1. Resolution 2007-026. Authorizing An Employment Agreement With Phillip
Oates For City Manager Services. .................................................. .Pg. 8
*2. Resolution 2007-027. Supporting Adjusting The Area Cost Differential For The
Kenai peninsula Borough School District. ................. ... ......... ..........Pg. 11
*3. Resolution 2007-028, Authorizing The City Manager To Enter Into An
Agreement With Resurrection Rentals To Provide Portable Toilet Service...Pg. 14
4. Resolution 2007-029. Authorizing The City Manager To Enter Into Two Purchase
Agreements For Wire Products, For A Total Amount Not To Exceed
$108,545.. .. . .. . .. .. .. .. .. . . .. . .. . .. . . .. .. . .. . .. . .. . .. .. . . .. . .. . . . . .. . .. . .. . .. ... . . . . . ..Pg. 27
5. Resolution 2007-030. Authorizing The City Manager To Enter Into A Settlement
Agreement With IBEW For Grievance COS 06-01 For An Amount Not To
Exceed $38,265.53. . ................... ..... ................................... .....Pg. 32
6. Resolution 2007-031. Authorizing The City Manager To Enter Into An
Agreement With Air Tec, Inc For An Amount Not To Exceed $60,504.00 For The
Construction Phase Of The #1 Lift Station Mitigation Project, And Appropriating
Funds. ................................................................................ .Pg. 3S
B. Other New Business Items
* 1. Approval of the March 12, 2007 regular city council meeting minutes. ..... .Pg. 39
9. INFORMATIONAL ITEMS AND REPORTS (No action required)
10. COUNCIL COMMENTS
11. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak.]
12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS'
COMMENTS
13. ADJOURNMENT
City of Seward, Alaska
March 27, 2007
Council Agenda
Page 2
Sponsored by: Yoder.
CITY OF SEWARD, ALASKA
RESOLUTION 2007-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, IN SUPPORT OF THE ADOPTION OF THE CITY OF SEWARD
EMERGENCY OPERATIONS PLAN, REVISED MARCH 2007 .
WHEREAS, it is the responsibility of all municipalities to plan and prepare for response to
potential disasters, of either natural or technological origin, which might occur wiUtin their.
respective jurisdictional areas; and
WHEREAS, the Emergency Preparedness Plan that the City, of Seward currently operates
under was approved in January 2001;. and
WHEREAS, a 2004 Presidential Directive mandated that all emergency plans would have a
standardized format that follows the National Incident Management System (NIMS); and .
WHEREAS, any changes to the Emergency Operations Plan that effect the plan concept
needs to be brought forward for Council approval; and
WHEREAS, in order to more effectively protect and serve the residents of the City of
Seward in the event of the occurren~e-ofadisa:slc;;I, lhe Cilyuf-Seward Emergency Operations Plan
must be reviewed periodically; and
WHEREAS, the Emergency Operations Plan is a living document, as changes occur within
the city staffor community, sections of the plan will need to be updated to keep it viable; and
WHEREAS, these housekeeping changes, if they do not effect the Plan concept, willnot be
brought forward for council approval; and
WHEREAS, a completed plan will be on file in the Office of the City Manager, Assistant
City Manager, City Clerk, City Shop, Engineering Department, Finance Department, Fire
Department, Harbor Department, Library, Planning and Zoning, Police Chief and Police Dispatch.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Council, supports the CITY OF SEWARD EMERGENCY
OPERATIONS PLAN as revised March 2007.
Section 2. The City Manager, or ifhe is unavailable, the appropriate city employee, is
authorized to implement the plan on behalf of the City of Seward.
Section 3. This resolution shall take affect immediately upon its adoption.
i. 05
Council Agenda Statement
Agenda Item:
Marvin Yoder, Interim City Manager ~
David Squires, Fire Chief ~
Adoption of the CITY OF SEW
EMERGENCY OPERATIONS PLAN' as
revised March 2007.
Meeting Date:
March 27, 2007
Through:
. From:
BACKGROUND & JUSTIDCATION:
Under a 2004 Presidential Directive all communities within the United States must have their
emergency plans in a standardized format. The format has to follow the National Incident
Management System (NIMS). This mandate affects the funding the City of Seward could be eligible
for after disasters and for any mitigation preparedness grants that we may apply for. Our current
plan was accepted by City Council in January 2001 and does not meet the entire NIMS format.
November 6, 2006 Council approved Resolution 2006-125 allowing the City Manager to accept
grant funds in an amount of $16,400 and enter into a contract with NUKA Research and Planning
Group, LLC. The purpose of the contract was to rewrite! revise the City of Seward's Emergency
Operations Plan to comply with the mandatory federal revisions. The contractor had developed a
draft copy of the new emergency operation plan for city staff and other outside agencies to review.
After the initial review of the plan, changes were submitted to the contractor for inclusion in the final
draft version.
In summary, the following items were accomplished for the final draft of the Emergency Operations
Plan (BOP):
. Created a compatible "master" Emergency Operations Plan (BOP) that will dovetail with
existing State and Borough plans.
. Developed annexes and field operations guides for City of Seward departments to direct
them in implementing the EOP.
. Ensured that the EOP takes into account all non-governmental and critical private entities
(hospital, clinics, churches, etc.) for operational activities.
. The EOP includes:
o Emergency Preparedness & Hazard analysis;
o Plan activation and disaster declaration;
o Organizing for emergencies;
o Alert, warning and evacuation;
"' i~ 06
o Response actions and department implementation;
o Public Information and communications;
o Sheltering and feeding;
o Public Health and Multicasualty incidents;
o Cruise ships incidents;
Adoption ofEOP
o Oil spills and hazardous material incidents;
o Terrorism and Weapons of Mass Destruction incidents;
o Post-incident actions;
o Resources and contact information; and
o Appendixes.
This revision will bring the City of Seward Emergency Operations Plan into NIMS compliance and
will ensure that our plan flows smoothly into the Kenai Peninsula Borough and the State of Alaska
emergency plans. This Dlan is a livin!! document. As changes occur within the community or with
city staffing, the changes will made but not forwarded for Council approval. In the future, if the
operational concept of the EOP needs to be changed, because of changes in City, State or Federal law
or directive, then it will be revised and presented to Council for approval.
INTENT:
Our intent for this project is two-fold:
1. Upgrade the City of Seward Emergency Operations Plan to be in compliance with the
2004 Presidential Directive.by following the NlMS format; and
2. To ensure the City remains eligible for future Federal funding.
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.
FISCAL NOTE:
The City of Seward must have its Emergency Operations Plan completed and adopted by March
2007. For reimbursement of grant funds, all invoices must be paid and documentation sent it to the
Alaska Department of Homeland sec~ency Management before the end of March 2007.
Approved by Finance Department: ~
RECOMMENDATION:
City Council approves Resolution 2007-0a~ adopting the City of Seward Emergency Operations
Plan dated March 2007.
(ffiT
Sponsored by: Mayor and Council : .
CITY OF SEWARD, ALASKA
RESOLUTION 2007-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH PHILLIP
OATES FOR CITY MANAGER SERVICES
WHEREAS, the Council advertised for two months, and conducted public meetings and
interviews to fill the position of City Manager; and
WHEREAS, the Council held a special meeting on March 6, 2007; and
WHEREAS, after executive session, the Council voted unanimously to offer the position to
Phillip Oates dependent on successful contract negotiations and criminal background check; .and.
WHEREAS, Council appointed a committee of three to negotiate the terms of the contract;,
and
WHEREAS, negotiations have been completed and Phillip Oates has accepted the City's "
offer of employment beginning May 1, 2007 for a monthly salary of $7,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY'
OF SEWARD, ALASKA, that:
Section 1. The employment agreement between the City of Seward and Phillip Oates, in the
form presented at this meeting, to provide city manager services to the City for a three-year period
beginning May 1, 2007, is hereby APPROVED. .
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of March, 2007. .
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
~ ...
08
EMPLOYMENT AGREEMENT
City Manager Services for Phillip Oates
This agreement approved by the City Council of the City of Seward, effective the 1 st day
of May, 2007, is between the City of Seward, Alaska, whose address is P.O. Box 167,
Seward, Alaska 99664 ("City") and Phillip Oates, whose address is PSC 1280, Box R,
APO AE 09880 ("Oates"). The City agrees to employ Oates as City Manager on an at- .
will basis. This agreement shall continue for three (3) years until May 1, 2010 unless
sooner terminated as provided below. .
1. Oates agrees to devote full time on behalf of the City and not engage in any
other business.
2. Oates shall be paid at the rate of $7,500.00 per month. The City Council
agrees to review Oates annually prior to adoption of the City's fiscal budget. In the first
year after his six (6) month review, Oates shall be entitled to a three (3) percent increase
in base salary upon a favorable review by the Council members as entered on the
standard City Manager Evaluation Form.
3. Oates shall accrue annual leave and holidays in accordance with Chapters 3.45
and 3.50 of the Seward City Code. Oates shall be covered by the standard City health
insurance and retirement plans. He shall receive credit for annual leave accrued at the
rate of 13.5 hours per month.
4. A-City vehick-is ~provided-for-oates'- use--while traveling .on. City business.
Alternatively, for those periods Oates uses his personal vehicle while traveling on City
business, Oates shall be reimbursed by the City at the same rate as all other employees of
the City. Reimbursement is subject to standard City policy procedures and Code Section .
3.60.025.
5. Oates shall receive $5,000.00 from the City for relocation and moving
expenses. Since he is required to relocate within the city limits, reasonable moving
expenses for that move will be allowed.
6. Because of the peculiar nature of the City Manager position, it is agreed that
the City's business can only succeed if the City Manager and the City Council enjoy a
working relationship based on mutual respect, trust and positive attitudes. It may,
therefore, be impossible to quantify "poor performance" or ''just cause" for termination
given these complexities which often involve personality factors as opposed to legal or
contractual factors. It is therefore the intent of both the City and Oates, to provide for
termination by either the City or Oates w~thout resort to any determination of cause or
any necessary explanation by the City.
Accordingly, this agreement may be terminated as follows:
(a) By Oates for any reason or no stated reason upon giving sixty (60)
days written notice to the City. Upon receipt of notice, the City may immediately
nQ
terminate the relationship or require Oates to continue for a period not to exceed sixty
(60) days at his regular rate of pay from the date of receipt of the notice. The City shall
make the election promptly and within twenty-five (25) days of the receipt of notice, and
the City's. failure to make an election shall be deemed an election to terminate the
relationship thirty (30) days from the date of receipt of the notice. If the relationship is so
terminated, the City shall not be responsible for any severance or termination pay. Oates'
shall be entitled to his annual leave balance to the date of termination.
(b) By the City for any reason or no stated reason upon giving written
notice to Oates the City may at its option, terminate. the relationship immediately. The
City shall pay Oates two -(2) months severance pay for each year of service upon his
termination under this paragraph, up to a maximum of three (3) months severance pay,.
prorated from the date of this agreement.
7. This agreement is the entire agreement and wherever approval of the City is
required it is understood that such approval will be by the City Council of the City of
Seward. This agreement supersedes any previous agreement and may be modified only
in writing signed by each of the parties. This agreement will be interpreted and enforced
in Alaska in accordance with the laws of the State of Alaska and is subject to.. all
applicable Charter and ordinance provisions of the City of Seward; provided that no
provisions of Title 3 of the Seward City Code shall apply except those. provisions
expressly identifying the city manager and except for the following enumerated
provisions: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance and medical
benefits, 3.45 annual leave, 3.50 holidays, 3.60 special provisions, except as set forth in
Paragraph 5 above, 3.70 drug and alcohol policy, 3.75 sexual harassment policy, and 3.80
workers' compensation.
DATED this 2th day of March, 2007.
CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
~ ECkz::
Phillip Oates
Jean Lewis, City Clerk
(City Seal)
i_ 10
Sponsored by: Yoder
CITY OF SEWARD, ALASKA
RESOLUTION 2007-027
A RESOLUTION OF THE CITYOF SEWARD, ALASKA, SUPPORTING
ADJUSTING THE AREA COST DIFFERENTIAL FOR THE KENAI
PENNINSULA BOROUGH SCHOOL DISTRICT
WHEREAS, for fiscal year 2007 one-quarter of the Institute of Social and Economic
Research (ISER) University of Alaska, Anchorage, recommended area cost differential (ACD)
was funded on a one time basis; and
WHEREAS, various studies over the last twenty years indicate the inequity of the Kenai
Peninsula Borough School District's (KPBSD) State funding; and '
WHEREAS, immediate implementation of a more appropriate ACD is needed to
acknowledge the higher cost of doing business in a District with rural and remote sites; and
WHEREAS, with sixteen schools with under 100 students, 44 separate school programs
and five remote sites, a 1.004 ACD is insufficient to provide an equitable education throughout
the Kenai Peninsula; and
-WHEREAS, our district continues to be efficient with low administrative costs, meeting
the 70 percent instructional expenditure requirement, and receiving the maximum funding
available through the local effort contribution; and
WHEREAS, adjusting the ACD is long overdue and must be resolved during this
Legislative session; and
WHEREAS, to deliver a balanced FY 2008 budget the Kenai Peninsula Borough School
District will have a reduction of 60 teaching positions, while another 15 are being cut due to a
two percent decline in enrollment; and
WHEREAS, locally it is projected that Seward Schools will experience a reduction of
8.5 teaching positions; and
WHEREAS, it is estimated that the impact of a single year's adjustment is over $10
million in the cost differential for KPBSD, so that over a ten year period this inequitable formula
has resulted in a loss of more then $100 million based on the 2005 ISER Report.
11
Seward City Council
Resolution 2007-027
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA:
SECTION 1. The City Council of the City of Seward strongly encourages the State of
AlaSkaJQdadequately fund~e Kenai Peninsula School District in support of educational
requirements.
SECTION 2. The City Council of the City of Seward states unequivocally that adjusting
the ACD is long overdue and must be resolved during this Legislative Session.
SECTION 3. The City Council of the City of Seward' also supports the current
Legislative Session providing relief in the form of' sustainable Municipal Revenue
Sharing and direct funding of the PERSffERS Liability.
SECTION 4. This resolution takes effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska this 27th day of
March 2007.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
., lH 12
Council Agenda Statement
Through:
Marvin Yoder, Interim City Manager
Christy Terry, Executive Liaison '1
r, o~ SI:lt;
~"1-s:.
..:: ~~-,,_: 0
(J .'\. '., .,~
:.;;,:,...~
,q(.ASll-'"
Meeting Date:
March 27, 2007
From:
Agenda Item:
Recommending supporting adjusting the area cost
differential for the Kenai Peninsula Borough School District
BACKGROUND & JUSTIFICATION:
Adjustments to the Educational Funding Formula Area Cost Differential (ACD), sustainable Municipal
Revenue Sharing, and direct funding of the PERSIfERS Liability must be adopted by the Legislature and
the Governor to provide adequate funding for the Kenai Peninsula Borough School District. The Institute
of Social and Economic Research of the University of Alaska released a report in 2005 recommending an
increase in the area cost differential for the Kenai Peninsula Borough. While a one-time one-quarter
adjustment was made in 2007, immediate implementation of a more appropriate ACD is needed to
acknowledge the higher cost of doing business in a District with rural and remote sites.
The Kenai Peninsula Borough School District includes sixteen schools with fewer than 100 students, 44
separate. school. ptograms~ and five remote sites;-therefore ~aui.{)04 ACD -is insufficient to provide an
equitable education throughout the Kenai Peninsula. The Kenai Peninsula Borough School District
continues to be efficient with low administrative costs, meeting the 70 percent instructional expenditure
requirement, and receiving the maximum funding available through the local effort contribution. In order
to deliver a balanced FY 2008 budget the Kenai Peninsula Borough School District will have a reduction
of 60 teaching positions; with another 15 teaching positions cut due to a two percent decline in
enrollment. Locally, it is projected that Seward Schools will experience a reduction of 8.5 teaching
positions.
The Institute of Social and Economic Research study completed in 2005 estimated that the impact of a
single year's adjustment was over $10 million in the cost differential for the Kenai Peninsula Borough
School District, so that over a ten year period this inequitable formula has resulted in a loss of more then
$100 million dollars.
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.
FISCAL NOTE: NA. ~
RECOMMENDATION:
Council approve Resolution 2007-0,?";upporting adjusting the area cost differential for the Kenai
Peninsula Borough School District.
."L., 13
.
Sponsored by: Yoder
CITY OF SEWARD, ALASKA
RESOLUTION 2007-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH RESURRECTION
RENTALS TO PROVIDE PORTABLE TOILET SERVICE
. .
WHEREAS, each year portable toilets are needed in City parks and campgrounds
to accommodate the public; and
WHEREAS, in past years Resurrection Rentals has provided the services under
an open purchase order, as approved by the City Council; and '
WHEREAS, City Code allowed an exception to the competitive procurement
procedure, since Resurrection Rentals was the only local provider of this type of service;
and '
WHEREAS, the only current proposer is Resurrection Rentals; and
WHEREAS, Resurrection Rentals has agreed to provide the necessary portable
toilet units and related serVices; and-.
WHEREAS, the services to be provided and fees to be paid are listed within the
contract.
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 contract with
Resurrection Rentals for portable toilet services.
Section 2. This resolution shall take effect immediately upon its adoption.
THE CITY OF SEWARD, ALASKA
Vanta Shafer, Mayor
14
Council Agenda Statement
Meeting Date:
March 27, 2007
To:
Marvin Yoder, Interim City Manager
From:
Karin Sturdy, Parks & Recreation
Director
Agenda Item:
Contract Portable ToBets via Exemption from Competitive'
Procurement Procedures
BACKGROUND & JUSTIFICATION:
In 2002, the City of Seward released a Request for Proposals (RFP) for providing portable toilets. .
(port-a-potty) units to meet the high demands in our campgrounds and parks areas. There was one
bidder 'and a contract with Resurrection Rentals was signed and subsequently. extended. to the .
maximum length allowed until it recently expired. Pursuant to City Code requirements, City staff .
called and mailed the RFP packets to other vendors around the state. There is only one local vendor
and this sole provider in the Seward area is the only business interested in serving us.
In an end:-Qf-season phone call with the business owner, he relayed to parks and recreation stafftbat
their business would prefer to conduct business on an open purchase order fashion, as opposed to the
guidelines of the contract. The RFP process was demanding and not cost-effective. He indicated he
may choose not to respond to an RFP, feeling certain that the City would choose his business after
the completion of that process. .
According to City Code, the Council can find an exemption from competitive procurement
procedures by finding it is in the public's best interest, determined by the contractor's sentiment that
he chooses not to respond to a formal bid. Therefore, we find that the services can be procured at a
lower cost without bidding (6.10.130). Council can further find and exemption by section 6.10.135
noting this contractor as the only proposer.
The expenditure has been budgeted at $20,000. With the increased prices over previous years, we
can expect to exceed this budget by approximately $3,000, unless we take extreme measures to
reduce services to the public. Council direction as to whether or not we should submit a budget
amendment to Council for such a line item increase adjustment this year would be appreciated. In ,
future years, we can explore the construction of permanent facilities to reduce this line item.
The contractor has signed two copies of the contract which will expire at the end of this summer
season.
..' I. 15
INTENT:
The intent of this action is to allow long-practicing private enterprise the business of serving
community members and residents with porta-potty services in parks and campgrounds.
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.
FISCAL NOTE:
The bulk of the expenditure has been budgeted and is appropriated. The contractor's increases may
cause the line item to exceed budge~~~ximatelY $~,Ooo.
Approved by Finance Department: ..#/V~A
RECOMMENDATION:
Council approve . Resolution 2007- ~ authorizing the City Manager to enter into an agreement
with Resurrection Rentals to provide portable toilet service. .
( .--
.J l.n 16
PORTABLE TOILET SERVICES
A Contract Between
Resurrection Rentals and
the City of Seward
SEWARD, ALASKA
2007
Contact:
Mark Stauble
Park Operations Sup.
CITY OF SEWARD
PO BOX 167
Seward, Alaska 99664
Phone: (907)-224-4055
Fax: (907)224-4088
E-mail: campground@cityofseward.net
t"1t
2
Portable Toilet Services Agreement
PORTABLE TOILET SERVICES AGREEMENT
This portable Toilet Services Agreement ("Agreement") is made the _ day of January, 2007;
by and between the CITY OF SEWARD, ALASKA, a municipal corporation of the State of
Alaska ("CITY") and Rolf Bardarson, d.b.a., Resurrection Rentals e'CONTRACTOR").
WITNESSETH:
WHEREAS, It is the CITY'S intent to provide residents and visitors to CITY parks and
campgrounds with adequate, clean and well-maintained toilet facilities,
WHEREAS, the location and quantity of permanent public restrooms throughout CITY
parks and campgrounds are not adequate to meet the needs of the public, ..
WHEREAS, the CITY is in need of temporary portable toilets and services,
.' WHEREAS, the undersigned CONTRACTOR has the experience, resources and the
desire to provide this service,
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Services to be provided by the CITY
CITY parks and recreation staffwill inspect all units before 8:00 am each day. The condition of
each unit will be recorded on a daily log sheet. A copy of this log will be made available to the
contractor via fax by 8:00 am each day. The log will show which units require which specific.
service: pumping, cleaning, etc...
2.. Services to be provided by the CONTRACTOR
CONTRACTOR will provide, on the dates and at the locations to be identified by the CITY, the
requested number of portable toilet units. CONTRACTOR will provide six day aweek service,
including pumping, cleaning, disinfecting, deodorizing, restocking of toilet paper, relocation and
repair of portable toilet units. (Sunday service is available with emergency callout rates, as
published.) The CITY will perform a daily inspection, and will notify the CONTRACTOR by
fax daily, identifying which units need pumping or other service. Contractor will provide the
designated service within six hours. The CONTRACTOR agrees to provide the required daily
service inspection if requested by the CITY. The dates and duration of such service will be in
writing, as per section 15 of this contract. Necessary repairs to portable toilet units will be made
in a timely manner. CONTRACTOR will transport and dispose of waste in accordance with
applicable laws and regulations, at a location to be identified by the CITY.
3. F,qp.ipment and sup,plies to be provided by the contractor
A. portable toilet units, well maintained and in good working order. Units will
include urinals and a minimum of one locking, two-roll toilet paper dispenser.
18
3
Portable Toilet Services Agreement
B. Disinfectant, deodorizer and all other equipment, tools or supplies needed to
adequately disinfect and clean the portable toilet units.
C. Toilet paper.
D. Vehicle and equipment necessary for the pumping and transport of waste.
E. Parts, materials, tools and labor required to perform necessary maintenance and
repairs. Routine wear and tear will be the fmancial responsibility of the CONTRACTOR. Parts
and labor for repairs necessary as a result of vandalism will be reimbursed by the CITY.
4. P~yment of services
CONTRACTOR will submit a weekly service log to the contract officer. The log format will be
provided by the CITY. The log will identify each numbered unit in ll:5e and the dates of pumps
or other service for that week. Monthly bills, based on the service logs for each, numbered unit,
for that time period, will be submitted for payment. Payment shall be processed and mailed .
Within 30 days of the CITY's receipt of invoices. For purposes of this contract a "month" will be
defined as a four.week block of time.
Fees to be paid for services:
*Portable toilet, unit price per month. This fee includes one pumping per week,
cleaning, disinfecting, deodorizing and full stocking of toilet paper.
*Portable Toilet, unit price for one week
*Portable Toilet, unit price for one day
*Extra pumping, including cleaning
*Extra cleaning, excludes pumping
*Emergency callout (per unit)
*Hourly rate for vandalism repairs
*Relocation fee (to relocate units)
*Foreign articles removal from rental units
$200.00
100.00
85.00
40.00
30.00
80.00
85.00
50.00
12.50
5.
Contractor's R~resentations & Warranties
CONTRACTOR represents and warrants that it has the experienced personnel, vehicles
and equipment necessary to fulfill its responsibilities described in this AGREEMENT.
CONTRACTOR further represents that it is a corporation organized under the laws of the State
of Alaska, is in good standing, and that this AGREEMENT has been validly authorized and is
enforceable according to its terms.
6. Imn
a. This AGREEMENT is for a period of one season, expiring on October 31, 2007.
b. This AGREEMENT may be terminated by the City Manager upon written notice if the
CONTRACTOR fails substantially to perform in accordance with this agreement through no
fault of the city. If the CITY terminates the AGREE1\1ENT for default under this paragraph, the
19
...
Portable Toilet Services Agreement
CONTRACTOR shall be paid only for services provided up to time of termination.
7. t\.ssumption of Risk
The CONTRACTOR, in entering into a written agreement with the CITY, shall agree to
assume all risk related to any and all activities undertaken pursuant to the AGREEMENT and
shall release, indemnify and hold harmless, the CITY from all its actions and for its own
equipment and employees unless injury or damage is caused solely by the CITY'S gross
negligence.
8. flold Harmless
To the fullest extent permitted by law, the CONTRACTOR agrees to defend, pay on
behalf of, indemnify, and hold harmless the CITY, its elected and appointed officials, employees
and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs
and attorney fees incurred in defense thereof, arising out of or in any way connected or associated .
with this contract. .
9. IPsurance
The CONTRACTOR shall not commence work under this contract until it has obtained
the insurance required under this section. All coverages shall be with insurance carrierS licensed
and permitted to do business in Alaska. All. coverages shall be with insurance carriers acceptable
to the CITY.
Without limiting CONTRACTOR's indemnification, it is agreed that CONTRACTOR
shall maintain in force at all times during the performance of the AGREEMENT the following
policy or policies of insurance covering its operations: .
A. Workers' Compensation Insurance: The CONTRACTOR shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including Employers'
Liability Coverage, in accordance. with all applicable statutes of the State of Alaska.
B. Commercial General Liability Insurance: The CONTRACTOR shall procure and
maintain during the life of this contract, Commercial General Liability Insurance on an
"Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and
$2,000,000 aggregate combined single limit, Personal Injury, Bodily Injury and Property
Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B)
Products and Completed Operations; (C) Independent Contractors Coverage; (0) Broad Form
General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and
Underground (XCV) Exclusions, if applicable; (F) Per contract aggregate.
C. Motor Vehicle Liability: The CONTRACTOR shall procure and maintain during the
life of this contract Motor Vehicle Liability Insurance, including applicable No-Fault coverages,
with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily
Injury and Property Damage. Coverage shall include all owned vehicles, all non-oWIled vehicles,
and all hired vehicles.
;\., 20
:;
Portable Toilet Services Agreement
D. Additional Insured: The following shall be Additional Insureds: TIle CITY, including
all elected and appointed officials, all employees and volunteers.
This coverage shall be primary to the Additional Insureds, and not contributing with any
other insurance or similar protection available to the Additional Insureds, whether other available
coverage be primary, contributing or excess.
E. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability
Insurance and Motor Vehicle Liability Insurance, as described above, shall include Anchorage,
AK endorsement stating the following: "Sixty (60) days Advance Written Notice of Cancellation
or Non-Renewal, shall be sentto:
Kirsten Vesel, Assistant City Manager
City of Seward
PO Box 0167
Seward, AK 99664-0167"
F. Proof of Insurance Coverage: The CONTRACTOR shall provide the CITY at the time
the contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to
the CITY, as listed below:
a.Two (2)copies of Certificate of Insurance for Workers' Compensation
Insurance; -
b. Two (2) copies of Certificate of Insurance for Commercial General Liability
c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance
d. If so requested, Certified Copies of all policies shall be furnished.
G. Continuation of Coverage: If any of the above coverages expire during the term of this
contract, the CONTRACTOR shall deliver renewal certificates and/or policies to the CITY at
least ten (10) days prior to the expiration date.
Insurance;
10. Notice
Any written notice required to be given by one party to the other under this
AGREEMENT shall be deemed given when delivered in writing by one part to the other in
person or by facsimile or upon the expiration of three (3) days following the deposit of such
written notice in the United Sates mail, postage prepaid, by certified mail, return receipt
requested, to the following address of the parties:
cra
CONTRACTOR
Karin Sturdy
Seward Parks & Recreation Director
P.O. Box 167
Seward, AK 99664-0167
Resurrection Rentals
Rolf Bardarson, Owner
P.O. Box 1252
Seward, AK 99664-1252
21
(;
portable Toilet Services Agreement
11. Acts of Default
Substantial violation by CONTRACTOR of any of the terms of this AGREEMENT shall
be deemed as a act of default and shall give the CITY the right to cancel this AGREEMENT
upon notice to the CONTRACTOR.
The mere fact that the CITY chooses not to terminate this AGREEMENT immediately
upon learning of a act of default shall not constitute a waiver of the CITY's right to tenJlinAte this
AGREEMENT, and the CITY's right to rely upon such failure as the means fortenJ1inating the
AGREEMENT shall remain in full force and effect until CONTRACTOR remedies such defect
prior to notice by the CITY of its decision to terminate due to such ~ of default
12. Applicable Law
This AGREEMENT shall be governed by the laws of the state of Alaska.
13.. AS$igJUllent
This AGREEMENT shall not be assigned without the written pennissionofthe CITY
COUNCIL of the CITY OF SEWARD, ALASKA and any such attempted assignment sbal1 be
void and shall terminate this AGREEMENT. This AGREEMENT shall be binding upon all
successors or assigns of the parties.
14. Relationship
CONTRACTOR's relationship to the CITY is that of an independent contractor, and
nothing in this AGREEMENT shall create a employment agency or relationship other than that
of an independent contractor. The CONTRACTORS servicing staff shall be supervised by the
CONTRACTOR, although the CONTRACTOR shall, in good faith, consider suggestions and
recommendatiens presented by the CITY or the CITY's representative. Nothing contained in this
AGREEMENT maybe deemed to create any contraetual relationship between the CITY and any
sub-contractors or material suppliers of the CONTRACTOR; nor may anything contained herein
be deemed to give any third party a claim or right to action against the CITY or the
CONTRACTOR which does not otherwise exist without regard to this AGREEMENT.
15. Amendments
This AGREEMENT may be changed only by written amendment executed by both the
CITY and the CONTRACTOR. All communications that affect this AGREEMENT must be
made or confirmed in writing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this. 12th day oC
Febmarv.2007
22
.,
Portable Toilet Services Agreement
CITY OF SEWARD, ALASKA
Marvin Yoder,
Interim City Manager
City of Seward
Date
ATTEST:
Jean Lewis
City Clerk
(City Seal)
~..,,--.
...-!'~..:.~
/..........- ~...
/:--.
---- ----
.
Rolf Bardarson, Owner
Resurrection Rental
Date
?~
INSURANCE IDENTIFICATION CARD
STATZ AK
CtIII!'UY RUHBUl Cc>>IPUY
37257
POLxcr NllHBE1l
Praetorian Insurance Company
unc.rXVZ DATI: EXPnATXOH DATI:
09/19/07
VZKXCLJ: mar.rxrXCA!rXOH RUMIlUl
B845400082-05 09/19/06
n:A1l MMB/IalEL
1991 Ford F-350
NBBC'l/ct:MRUY XSSUXJIG ClUID
~ Insurance Services
ARAlnsurance Services
800-821-6580
msU1IZD
1FDKF38FOVED03741
Resurrection Tool Rental
P.O. Box 1252
Seward
AK 99664
COVZJlAGZ MU'!S IIDIDUI LXABXLxn msUJIA1'CZ PDSClWIED BY LlIW
OP ID KT
DXS ClUID MUS'! DE D~ m 'fIlE XIIS1JUD
VZKXCLJ: AND PUSJ:R'fZD ~ DDAIID
m CASE or JlCCmar.r: a.po~ al1 IlaCJ.daIlt:..
to your JlgeDt:/CClIIIIP&DY __ as poa.~1..
Clbtain t:be fol1oviDq 1nf_t::L_:
1. 11_ aD4 addresa of eaala dd._,
paa.~ aD4 witDea..
2. 11_ of XlUlur_ ~ UId p01:l..0J'
n~ for each veh1.o1e invo1""'.
JICOltD 50 *(2/95)
24
From: Mary Ann Gormly At ARA Insurance Services FaxlD: 816-474-1931 To: Rolf
Date: 2J2E!I2OO7 01:41 PM PIIge: 2 of3
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP bD _MG DATE~
REAl( 01 02/28/07
PRODUCER THIS C~_RIIFICATE IS IS~UED AS A M~! U I'! ur
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICA~
ARA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEN OR
102 NW Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELci~ .
Kansas city MO 64150
Phone: 800-821-6580 Fax: 816-474-1931 INSURERS AFFORDING COVERAGE NAIC.
.
INSURED INSURER A: Praetorian Insurance eo.pany 37257
INSURER B
Resurrection Tool Rental INSURER C:
P.O. Box 1252 INSUlER 0:
Seward AI< 99664 .
INSUlER E.
COVERAGES
THE POLICIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWIDtSTANDING
/JNY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF. SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR "'SRt TYPE OF INSURANCE POLICY NUMilER I 'DATE ) DATE (MMIDOIVYI LIITIi
GENERAL LIABILITY EACH ClCClMlENCE 51,000,000
-
A X .!- COMMERCIAL GEfoERAL LIABILITY H845400081-05 09/19/06 09/19/07 ' PREMiS'ES(e;~) 5 100 ,000.
- tJ CLAIMS W\OE 00 OCCUR MED EXP (My onepnanl 5 5,000
. PERSONAL & /JDV IN.UlY S 1,000,000
GENERAL AGGREGATE S 2 ,000,000
.
GEM.. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COIIPIOP AGG 5 2 ,000,000
h POLICY- n ~ n LOC
AUTOMOBILE LlABl.ITY <nIB11ED SINC>l.E LIMIT
- S .1,000 ,ODD
A PNY AUTO H845400082-05 09/19/06 09/19/07 (Ea eccldert)
-'
-' ALL OWNED AUTOS BODILY IN..UlY
S
~ SCH:DUlED AUTOS (Perpononl
~ HIRED AUTOS BODILY IN..UlY
(Per ecCldort) S
X NON-OWI\ED AIJTOS
f--
PROPERTY DAMAGE S'
(Per eccidenl)
GARAGE LIABILITY AUTO <IN..Y -.EAACeIOENT S
==1 PNY AUTO OTH:R lHAN. EA ACe S
AUTO ON.. '1': AGG S
EXCESSlUMBRaLA LJAIlILITY EACH 0CClJlRENCE S
tJ OCCUR . D ClAIMS w.oe AGGREGATE S
S
q ,DEDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND hORY LIMITS I IVEIl
EMPLOYERS' UABILITY EL EACHACCIOENT S
!>NY PROPRIETORJPARllERlEXECUTIVE
OFFICERhoEMBER EXQJ.JOEO? E.L. DISEASE - EA Et.f>LOYEE S
If yes, describe under .
SPECIAL PROVISIONS _ EL: DISEASE - POLICY LIMIT $
OlllER
A Renal/Sales Inv. H845400081-0S 09/19/06 09/19/07 Blanket
Special Form
DESCRIPTION OF OPERAnoNS I LOCAlIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder as Additional Insured under General Liability per written
& siqned contract only.
CERTIFICATE HOLDER
CANCELLATION
CITSEWl SHOULD Nf( OF TliE ABOVE DESCRIBED POLICES BE CANCS.LEO BEFORE THE EXPIlATION
DATE lliEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN
-
Ci ty of Sel-lard NOllCE TO lliE CERTIFICATE HOLDER NAMED TO THE L5FT, BUT FALURE TO 00 SO SHALL
Director of IMPose NO OBUGA liON OR LIABILITY OF Nf( KINO UPON 1lE INSURER. ITS AGENTS OR
Administrative services
PO Box 0167 REPRESENTATlVES.
Seward AK 99664-1067 AUTHORIZED REPRESENTATlVE
. ARA Insurance services
ACORD 25 2001/08 @ACORD CORPORATION 1
988
" " "~'. "
25
IATJ Alaska National
~ INSURANCE COMPANY
Renewal of: 050 WW 89802
NCCI Carrier Code: 16977
WORKERS COMPENSATION & EMPLOYERS LIABILITY INSURANCE POLICY
060 WW 89802
Item 1 Insured:
Rolf Hardarson
dba: Rolf Bardarson Resurrection Rentals
P.O. Box 1289
Seward, AK 99664
Producer:
CHI of Alaska, Inc.
507 W. Northern Lights
Anchorage, AK 99503
Federal Employer Tax Identification No.: 911179074
Other workplaces not shown above: See
WC 99 06 02. Other Workplaces Endorsement
Risk Identification No.: 540235406
Form of business organization:
Individual
Item 2 Policy period: From 04/17/06 to 04/17/07 at 12:01 A.M. standard time at your mailing address
shown above
Item 3 A. Workers Compensation Insurance: Part One of the policy applies to the Workers
Compensation law of the state(s) listed here: Alaska
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in
Item 3A. The limits of our liability under Part Two are:
Bodily injury by accident $ 100,000 each accident
Bodily injury by disease $ 500,000 poliCY limit
Bodily injury by disease $ 100,000 each employee
C. Other states insurance: Part Three of the policy applies to the states, if any, listed here: Refer
n to Residua~Mark.et Limited Other States Insurance Endorsement, WC 0003 26A
o. Endorsements and schedules: See WC 99 06 22, Table of Contents
Item 4 Premium: The premium for this policy shall be determined by our rules, classifications, rates and
rating plans. All information required below is subject to verification and change by audit.
bl~s$jfications
., .E$tim~eP
Code, .AI1l'1ual
. RElmuneratioM
RCile
Per' .
'$too.
Estimated'
Annual.
Premium
Alaska - State Act
Machinery Dealer NOC-Store or Yard-& Drivers
5,520
1,490
1,003
32
161
80,000 6.900
8107
9898
0077
9740
0986
Experience Modification (1.27)
Assigned Risk Plan Surcharge (1.250)
Foreign Terrorism
Alaska Insurance Guaranty Association
Surcharge (.020)
80,000 .040
. Minimum Deposit
Premium $750 Premium
Premium audit frequency: Annual
E$timated
Aiinl.1alPremium
$8 206
$2 596
Countersigned by
7f)~ ie, S~
(Authorized Representati
we 00 00 01 (01 98)
Insured Copy
26
Workers Compensation Information Pc
., \..
Sponsored by: Yoder
CITY OF SEWARD, ALASKA
RESOLUTION 2007-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO TWO PURCHASE AGREEMENTS FOR WIRE
PRODUCTS, FORA TOTAL AMOUNT NOT TO EXCEED $108,545
WHEREAS, lead times to purchase wire varies greatly due to supplier and factory stock;
and
WHEREAS, in order to meet the demand for new eleCtrical services for jobs during the
2007 construction season as well as to have sufficient stock on hand to facilitate repairs to the
transmission line; and
WHEREAS, the majority of the costs of the wire will be recovered through new service
installations reimbursed by customers through work orders; and
WHEREAS, the Electric Department issued a Formal Invitation to Bid on February 22,
2007 and received only one bid which was found to be non-responsive, and subsequently, upon
approval of the city manager, issued a request for quotes as an alternate method of procurement as
allowed in SCC 6.10.310, to acquire the wire while maintaining a competitive environment.
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 two purchase agreements as follows:
1) Potelcom in the amount of $19,500 plus 10% contingency; and 2) Hughes Industries in the
amount of $79,176.50 plus 10% contingency.
Section 2. The City Council ofthe City of Seward , Alaska hereby finds in the public interest
to authorize an alternate procurement method as allowed in SCC 6.10.310 (authorizing competitive
quotes) due to the inability to receive competitive quotes during the competitive bid process.
Section 3. The City Council further finds that SCC 6.10.120 (a)(lO) states that, "when
competitive procurement procedures have been followed, but no bids, quotations or proposals are
timely received.. ..the city manager may proceed to have the services performed or the supplies
purchased without further competitive bidding or quotation."
Section 4. This resolution shall take affect immediately upon its adoption.
97
Council Agenda Statement
From:
March 27,2007
Marvin Yoder, Interim City Manager rl
Tim Barnum, Manager Electric Utility J
Meeting Date:
To:
Agenda Item:
Wire purchase
BACKGROUND & JUSTIFICATION:
The Electric Utility needs to order wire in preparation for the 2007 summer construction season.
The City generally orders individual reels ofwire on an as-needed basis. However, the lead-time for
wire has increased due to fluctuations in price, the cost of some reels exceeding $10,OOO.00,ind.
availability due to supplier and factory stock. Most of the wire will be used for new services, witli
the reminader used as stock for repairs to the transmission line.
The Electric Department advertised an Invitation to Bid on February 22, 2007 for various sizes. of.
wire, including freight, to be delivered to Seward. One bid was received, but was found to be non-
responsive.
A request was made to the City manager to utilize alternative procurement procedures, as authorized
by Seward City Code SCC 6.10.310. Due to the potential adverse impact to local residents and
businesses requiring new electrical service, the City Manager deemed it was in the best intereSt of the .
City to allow the solicitation of quotes.
The City requested quotes from our regular suppliers and received three responses. The .City
receives the best overall price by splitting the order between two suppliers, and recommends
purchasing 500 mcm underground copper quad from Potelcom in the amount of $19,500, with the
remainder of the materials being purchased by Hughes Industries in the total amount of$79,176.50
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.
Other:
FISCAL NOTE:
Funding for these purchases is to come from the electric enterprise fund's 2007 budget, with. a
substantial portion of the costs to be re,~bursed through customer work orders.
Approved by Finance Department: ,~fAk~ '!Auf .
RECOMMENDATION:
Seward City Council approve Resolution 2007-021\ authorizing the City Manager to enter into two
purchase agreements as follows: 1) Potelcom in the amount of$19,500plus 10% contingency; and
2) Hughes Industries in the amount of $79,176.50 plus 10% contingency.
, .'
28
MEMORANDUM
Date:
March 14,2007
To:
From:
Marvin Yoder, Interim City Manager
Tim Barnum, Electric Utility Manager M3
Subject:
sce 6.10.310, Alternate procurement procedures
Backaround:
In January 2007, the electric department submitted resolution 2007-004 for approval by
council. This was for the purchase of transformers. Department staff solicited quotes from .
5 suppliers, 2 of which did not quote the order. The use of quotes vs. bids has been
standard practice for the electric department and the electric utility industry. .Council made
it very clear that they wanted us to solicit bids in the future. In February 2007, the electric
department advertised for bid, wire products. Only 1 bid was received and it was non-
responsive.
Recommendation:
I recommend that the City Manager, authorize the electric department to use quotes as an
alternate procurement procedure (SCC 6.10.310) for acquisition of materials, in lieu of
SCC 6.10.210, Use of competitive bids. The request for quotes from multiple suppliers
preserves the competitive environment, which is the intent of sce 6.10.210.
~
Approved: .. . . . .
, LlnterimC, M ger
Date.: .3- I~ -d 7-
29
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31
Sponsored by: Yoder.
CITY OF SEWARD, ALASKA
RESOLUTION 2007-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGERTO ENTER INTO A
SETTLEMENT AGREEMENT WITH IBEW FOR GRIEVANCE COS 06-01
FOR AN AMOUNT NOT TO EXCEED $38,265.53
WHEREAS, in February 2006, the Seward area experienced severe winter storms and
avalanches; and
WHEREAS, this caused the need to operate the stand-by generators for 26 days, without
interruption; and
WHEREAS, the Electric Department was short handed due to a couple employees being
injured, in the summer and fall of2005, and not able to return to work; and
WHEREAS, the City chose to supplement the workforce, with the only other available.
employees that could safely operate the generators, so we could maintain 24 hour a day operations;
and
WHEREAS, the actions taken by management were.Jatergrieved by mEW members,
resulting in grievance COS 06-01; and
WHEREAS, the grievance went before an arbitrator on November 16, 2006. The arbitrator
ruled against the City on December 12, 2006; and
WHEREAS, the remedy requested by mEW has been negotiated down to an agreed upon
amount.
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 settlement agreement with
mEW for grievance COS 06-0lfor an amount not to exceed $38,265.53.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of March, 2007.
32
Council Agenda Statement
Through:
Marvin Yoder, Interim City Manager Jf;f
Tim Barnum, Electric Utility Manager #3
Meeting Date:
March 27, 2007
From:
A~enda Item:
Authorizin~ the City Mana~er to enter
into a Settlement A~reement with mEW for
~rievance COS 06-01
BACKGROUND & JUSTIFICATION:
In February 2006, the Seward area experienced severe winter storms and avalanches.
This caused the need to operate the stand-by generators for 26 days, without interruption.
The Electric Department was short handed in the summer and fall of 2005 (due to a
couple employees being injured and not able to return to work)... The City chose to
supplement the workforce, with the only other available employees that could safely
operate the generators, so we could maintain 24 hour day operations. Management took
the steps necessary to work within the Collective Bargaining Agreement and with the
mEW, when supplementing the workforce.
The actions taken by management were later grieved by mEW members, resulting in
grievance COS 06-01. The City had discussions with mEW, attempting to resolve the
grievance but, this was unsuccessful. The grievance went before an arbitrator on
November 16, 2006. The arbitrator ruled against the City on December 12,2006 and that
decision was appealed for reconsideration. The decision was clarified, to a point, but not
changed.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
FISCAL NOTE:
~~
The settlement amount will be charged to the Electric Enterprise Fund account # 501-
51 00-5170-0000-oo009.Approved by Finance Department:
33
RECOMMENDATION:
City Council approve Resolution 2007-0Wauthorizing the City Manager to enter into a
settlement agreement with mEW for grievance COS 06-01 in an amount not to exceed
$38.265.53.
3'4
Sponsored by: Yoder .
CITY OF SEWARD, ALASKA
RESOLUTION 2007-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH AIR TEe, INC FORAN AMOUNT NOT TO EXCEED
$60,504.00 CONSTRUCTION PHASE OF THE #1 LIFT STATION
MITIGATION PROJECT, AND APPROPRIATING FUNDS
WHEREAS, the City of Seward was awarded $46,000.00 from FEMA to mitigate flood
related issues at Lift Station #1 during the 1986 and 1995 flood events; and .
WHEREAS, this project is currently at the pre-construction' phase with engineering and
design work already completed and an anticipated completion of the construction phase by May
20,2007; and
, WHEREAS, Council appropriated $45,000.00 for the advance purchase of the electricai
components on March 12,2007 (Resolution 2007-024); and .
WHEREAS, Air Tec Inc is the lowest responsible and responsive bidder for this project; and
WHEREAS, the City has spent $57,324.00 on this mitigation project (some or all of this
eligible for reimbursement from FEMA) and an appropriation of $72,000.00 (20% contingency
included) is needed to complete the construction phase of this project.
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 an agreement with Air Tee,
Ine for the construction of this project for ail amount not to exceed $60,504.00 and to appropriate
$72,000.00 for the completion of this project.
Section 2. Funding in the amount of $72,000 is hereby appropriated from the wastewater
retained earnings account 703-0000-3071-0866 to account no 866-8664-5930
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th dayof
Mareh 2007.
35
Council Agenda Statement
From:
Marvin Yoder, Interim City Manager
W.C. Casey, Public Works Directorttt.
Meeting Date:
Manh 27, 2007
Through:
Agenda Item:
#1 Lift Station Mitigation Grant
BACKGROUND & JUSTIFICATION:
Staff requested and received a Flood Mitigation Grant (reference Resolution 2005-39) in the amount
of$46,OOO, in May of2oo5. This mitigation grant was to be used for the elevation of the controls and
associated components at Lift Station # 1 to prevent a re-occurrence of flooding problems that were
experienced during the 1986 and 1995 flood events.
This project is currently at the pre-construction phase with construction anticipated to be complete by
May 20, 2007. Engineering and design work is complete and a grant amendment has been forwarded
to FEMA for their approval. The construction pre-bid conference was held and the invitation to bid
for the coiiStiucnon as well as The inVitation to bid for the manufacture of the electrical components
was advertised. Bids were received and reviewed. Council appropriated $45,000 for the advance
purchase of the electrical components on March 12,2007 (Resolution 2007-024). The Notice of
Intent to Award for the construction was sent to the low bidder on March 16, 2007 and staff is
currently preparing for the awarding of the construction contract.
To date, the City of Seward has spent $57,324 on this mitigation project (some or all of which is
eligible for reimbursement from FEMA), and an appropriation of $72,000 (20% contingency
included) is needed to complete the construction phase of the project. The low bid for the
construction phase of the project is Air Tek, Inc. for an amount of $60,504.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive
Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE: ~~
Funding in the amount of $46,00,from the State of Alaska Department of Military and Veterans
Affair, was awarded to the City of Seward in 2005 (account no. 866-8664-5930), for elevating the
controls at # I Lift Station. Funding for the construction will require a transfer of funds from the
wastewater reserves to account no. 866-8664-5930 in the amount of $72,000. These funds were not
anticipated in the 2007 budget.
36
Approved by Finance Department: ~
RECOMMENDATION:
City Council approve Resolution 2007 - 0 :?\, authorizing the City Manager to enter into a contract
with Air Tek, Inc. for an amount, not-to-exceed $60,504, and the appropriation and transfer offunds
in the amount of $72,000 from wastewater retained earnings account no. 703-0oo0~3071-0866 to .
account no. 866-8664-5930 for the construction phase of the #1 Lift Station Mitigation Project.
37
ITEM ESTIMATED UNIT BID TOTAL BID
NO. WORK DESCRIPTION QUANTITY PRICE PRICE
1 lift Station No. 1 Controls Reconfiguration per LS 1 b OJ 5 0 If- , 0, 5"l:! I{-
CITY OF SEWARD, ALASKA
LIFT STATION NO.1 CONTROLS RECONFIGURATION
BID SCHEDULE
.. 'O~O?'
Total Bid Amount. $ .........,..".}....................
Name of Bidding Finn: A J /C .jF;/C. h CoO
38
Bid Schedule
Lift Station No.1
Controls Reconfiguration
Page 1 of 1
City of Seward, Alaska
March J 2, 2007
City Council Minutes
Volume 37, Page
CALL TO ORDER
The March 12, 2007 regular meeting of the Seward City Council was called to order at 7: 30
p.m. by Mayor Vanta Shafer.
OPENING CEREMONY
Police Lieutenant Tiner led the pledge of allegiance to the flag.
comprising a quorum of the Council; and
There were present:
Vanta Shafer presiding and
Willard Dunham
Bob Valdatta
Robert Thomas
ROLL CALL
Marvin Yoder, Interim Ci
Cheryl Brooking, City Atto
Johanna Dollerhide, Acting
CEPT THOSE ITEMS SCHEDULED
Mo
Approval of Agenda and Consent Agenda
Yes: Amberg, Valdatta, Schafer,
Thomas, Mayor Shafer
No: Dunham
The following was r
Items 6 A 1 and 2, Police Certification for Judy Parris and Correctional Certification for Alan
King. These items would be presented at a later meeting.
The clerk read the following approved consent agenda items:
The February 26, 2007 regular city council meeting minutes and the March 6,2007 special city
council meeting minutes were approved.
39
City of Seward, Alaska
March .12, 2007
City Council Minutes
Volume 37, Page
Resolution 2007-022. accepting a grant in the amount of $1,215.12 from the Alaska Highway
Safety Office for 2007 ASTEP Seatbelt Enforcement Campaign and appropriating funds.
Resolution 2007-023. accepting a grant in the amount of $1,518.90 from the Alaska Highway
Safety Office for 2007 ASTEP Driving under the influence (DUI) Enforcement Campaign and
appropriating funds.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations and Awards
A proclamation was read for Women's Histo
ease draft long discussion ensued about the B
ning Commission. Drainagewas a big issue
own with Public Works and Community
at the recent council retreat and thanked council for
spe
Hea oters of the state passed the issuance of a head tax. The way the
language read, ollect the head tax in the first five ports ships went to. With this
logic, everything to Seward should be paying head tax, since cruise ships only had a
maximum of four po bbyist Kent Dawson said there was a movement in Juneau saying if a
municipality was ch ng their own fee, they would get the money directly, such as Juneau and
Ketchikan does currently.
Quality Asphalt Pavine - ready to work with Seward to pave Fourth Avenue. Public Works
Director WC Casey would be getting price quotes and information to administration. Yoder hoped
to have something on the next agenda to move forward.
Yoder responded to questions from the council. Some of council felt it might be worth
looking into enforcing a head tax of their own so they could receive the tax instead of a smaller
40
City of Seward, Alaska
March 12, 2007
City Council Minutes
Volume 37, Page
percentage of the state tax. In response to Dunham, Yoder felt the city had a solid case in the final
hearing on the vacation of Washington Street on March 15,2007. Yoder stated he received a letter
from Fish and Game confirming earlier discussions on how they would approach the levee. Moving
the stream was the most logical thing to do. More meetings would ensue, hopefully early next week.
City Attorney Report. Cheryl Brooking stated the attorney's continued to work on drafting
contracts, resolutions, and assisting with administrative matters including platting, land use, and the
Washington Street replat. Brooking would be present during the March 1 2007 borough hearing on
the Washington Street replat. A hearing was scheduled for Frida e Egger right-of-way
litigation. Brooking continued to work with the small boat harbo lease and land use matters,
harbor expansion, and the clean water act by the Trustees of
Patricia Linville reported on the Libra
mission statement.
Other Reports, Announcements and Presenta .
<
A brief overview of the new format of Emerge
Chief Dave Squires.
NEW BUSINESS
Resolutions
Resolution 2007-021
Steel, LLC for th
er to enter into an agreement with Skyline
ot to exceed $1,160,598.80.
Approve Resolution 2007-021
nsom stated this resolution was for materials only. Construction
tta, Yoder the Auction Block had some ideas to go down and lobby for
funds to extend this ne aock to the old dock. This was not on the original priority lists that went to
the legislature, so it would be another year before they city could pursue this fully.
Motion Passed
Unanimous
Resolution 2007-024. appropriating $45,000 for lift station control reconfiguration materials.
Public Works Director W.C. Casey stated the cost of this project was underestimated when
the grant for the lift station was completed. The Department of Homeland Security suggested the
41
City of Seward, Alaska
March 12, 2007
City Council Minutes
Volume37. Page
city get moving on this grant before funds were depleted. Because the grant money needed to be
spent soon, engineers recommended Casey get this money appropriated for materials. This would
put the contractor right to work, instead of waiting for the successful bidder to acquire the materials.
Motion (Thomas/Dunham)
Approve Resolution 2007-024
Motion Passed
Unanimous
Mayor
and Phillip Oates
reception for Oates fo
Council scheduled a work session on the generator replace
6:30 p.m.
OTHER NEW BUSINESS
Council discussed and exchanged ideas for Milita
weekend of May 19, 2007. Council decided to s
upcoming events.
INFORMATIONAL ITEMS AND RE
COUNCIL COMMENTS
Valdatta, noted
with the canneries.
Barnwell for their presentation tonight and
an. Alaska's 50th anniversary was approaching
articipate in this huge event. Funds and grant money could
i President Mark Hamilton speak today on the state of
e to see the city make energy saving changes in our
nding approval on March 27, 2007, a contract had been negotiated
et start May 1, 2007. She would like council to approve a welcome
community to meet him. .
CITIZENS' COMMENTS - None
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None
EXECUTIVE SESSION
Motion (Schafer! Amberg)
Go into executive session todiscuss matters
pertaining to pending litigation.
42
City of Seward, Alaska
March 12, 2007
City Council Minutes
Volume 37, Page
Motion Passed
Unanimous
Council went into executive session at 8:35 p.m.
Council came out of executive session at 9:10 p.m.
Motion (Thomas/Amberg)
Motion Passed
Go into executive session for city attorney
evaluation.
Council went into executive session at 9:13 p.m.
Council came out of executive session at 9:43 p.m.
ADJOURNMENT
The meeting was adjourned at 9:43 p.m.
Johanna Dollerhide
Acting City Clerk
(City Seal)
4~