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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. 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CD a. a. o U "0 C :;, o ~ e>> CD "0 C ::::> E_ u- Eg 00 00 LOCO ~ LO oJ ... - m b o CO ~ 'ij ~ ~ j:; u c o p )( CD a. "C t- "C a:J CD ~ ~ CD c3 ~ co a:J CD b o o ~ U) 'ij ~ ('t) '- C1J "c .c 1ii -_! ~ Q. I "C ~ t- 0.."0 ;:: c t- 5 ~ "C C) C ~ :;,~ e c- e>> ::::> c CD cu "OECD c u_ ::::> Em e ~~ ~ ('t) = " 30 cu CD b o o ~ en m (\') CO 'ij ! "!"'" =0 cu E as ~ I ~ ..J <C I- o I- .... CD "C C ::::> ~ C]) CD C) a:J a. 1 c c o - CD ~ en u CD a. en CD CD en 40 40 p ct2 >- - Q... a..- ~ (f) \lJ ~ !& I I ~ I II i i i 8 8 2 8 a a a a ~ a ; ~ ~ a ~ ~ ~ ~ ~ ~ ~ Ii!i ;;:l:;E III E ~ ~~ i ~~ g :a: :B : ~ cO .: .: .. .. .. ~ 5 ! 51 ~ ;;. .. - :I _ ~!iil 8.. Ii i! ~- ~ lIS M ~ I I I ~ il J J J t t t t t 8 8 8 a a a ~ ~ ~ ~ ~ ~ ~ Ii ~ i__ I i ~ N ~ iii! ;..a~;;J ~ .. :II lit ! ~ :a .. ~ I ;; I! III ;; a fi ~ ;; ; I~ i Ii J J_I ~ II t J I J ~ I I I ~ t t t t t ; ~ ; ; I !. I ! ; i ~ Ii>! i ; ;; ;;a ; ;; i ~ ~ ~ ~ ~ ~ ~ ~ ~ :a " ;; ! ;; Ii " ~ ;; I h ~ I~ I ~ I I ~ I I I ~ i" ii"i ~ g g k ~. ~ ~ ~ i a a I ; ~ i i ; ~ I!!.!!!! I ~J ~J i j . . d I 1.1.1 l I' J j ~ ~ ~~! ~;i,1 i ~ .' ~ j ! j e ill IIIIM, If: , ~ : . il r I') .... to 0 .... 4D ft I 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~