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HomeMy WebLinkAbout03142016 City Council Packet Seward City Council Agenda Packet n 0,,j V AOANTT H O N WD, ALASKA-RAC E .fp ,mac. 0/6 March 14, 2016 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska at CITY COUNCIL MEETING AGENDA NI-America City I I r {Please silence all cellular phones during the meeting} P March 14, 2016 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2017 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2016 speak Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2016 asterisk(*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is David Squires returned to the Regular Agenda] Council Member Term Expires 2017 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Dale Butts A. Proclamations and Awards—None Council Member B. City Manager's Report .. Pg. 3 Term Expires 2016 C. City Attorney's Report D. Other Reports and Presentations Sue McClure Council Member 1. Presentation by the Kenai Mountains-Turnagain Arm National Term Expires 2017 Heritage Area(KMTA NHA). Pg. 6 2. Providence Seward Annual Report. Deborah Altermatt Council Member 7. PUBLIC HEARINGS—None Term Expires 2017 James Hunt City Manager Johanna Kinney City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda March 14, 2016 Page 1 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Resolutions 1. Resolution 2016-021, Authorizing The City Manager To Enter Into A Professional Services Agreement With Otis Elevator Company To Provide Elevator Maintenance And Repair Services For All City Elevators. Pg. 8 2. Resolution 2016-022, Authorizing The City Manager To Enter Into A Professional Services Agreement With PDC Inc. Engineers To Provide Professional Services For The Comprehensive Plan Update. Pg. 20 3. Resolution 2016-023, Approving Amendment No. 4 To The Employment Agreement With The City Manager, And Appropriating Funds. Pg. 35 B. Other New Business Items *1. Approval of February 22, 2016 Regular City Council Meeting Minutes. Pg. 38 2. Discussion on establishing length of term for the City of Seward Cook Inlet Aquaculture Association seat and soliciting interest. Pg. 46 *3. Appoint Tom Swann to the Planning and Zoning Commission, with a term expiring February, 2019. . Pg. 48 *4. Direct City Clerk to send letter of support to the borough's objection to the liquor license for Terry's Fish and Chips. Pg. 49 5. Discuss upcoming council travel to Washington, D.C. and Seattle, Washington. 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Providence Seward Medical and Care Center Financial Reports through December, 2015 and January, 2016. Pg. 51 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss the City Clerk's annual evaluation. 15. ADJOURNMENT City of Seward, Alaska Council Agenda March 14, 2016 Page 2 CITY OF SEWARD +` Jim Hunt, City Manager P.O. Box 167 ,A, Telephone (907) 224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT February 13,2016 thru March 4, 2016 The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: City Clerk 2/18 All Alaska News City Calendar $12,480.00 Fire 2/24 LN Curtis New ladder apparatus $ 14,463.29 ADMINISTRATION • Attended AML Winter Legislative Conference • Attended AVTEC Luncheon Simulator Donation • Meetings with multiple department heads • ASLC finance &board of Directors meeting • Attended Alaska Sealife Center Gala • Attended meeting with KPB Healthcare Task Force • Army Corp has permitted bank stabilization along Seward waterfront • Moving forward on Harbor and Port signage improvements • Continuous communication via email & cell phone while out of office PUBLIC WORKS • There is currently a high level of active of rock and landslides on Lowell Point Road and we are removing small slides almost daily. The landslide on Sunday February 21st sent approximately 1350 cubic yards of rock, mud and trees onto the road. For safety concerns, the road was closed until Monday morning. Emergency personnel were contacted and advised of the closure and alternative emergency response procedures were discussed. Any rock or landslides should be reported to the Police Dispatch non-emergency line at 224-3338. They will contact the Public Works department immediately. • The loan increase for the SMIC Sludge Removal has been approved by DEC. Originally we were to receive a$50,715 subsidy, however due to the increased amount of the loan, we will now receive a subsidy of$94,815 on our$780,047.43 loan. • The purchase of the Hitachi Excavator has been completed and we are awaiting the final paperwork from Construction Machinery. • Southcentral Construction has requested an extension of the completion date for the North Seward Water Storage Tank project. The deadline has been extended from December 31St, 2015 to May 16th, 2016. The extension is due in part to a delay in receiving the booster pumps and other minor issues. To date, there has been no increase to the cost of the project. • Working with DEC to re-permit the Spring Creek Wastewater Treatment Facility. • Unit#158 for the Water/Wastewater Department has blown a spark plug from its cylinder head. We have made multiple attempts to repair this and have not been successful. The cost to replace one 3 head is $3000, and typically you would replace both cylinder heads. This vehicle was budgeted under capital equipment, to be replaced in 2017 and Public Works would like to appropriate 2017 funds to replace this vehicle in 2016 instead of paying for extensive repairs. • Unit#156 for the Water/Wastewater Department was also budgeted under capital equipment and scheduled to be replaced in 2016. Under regular circumstances we would be replacing Unit 156 in 2016, however it is now our preference to replace both units in 2016. Unless Council objects, we will present Council with two resolutions at the March 29th meeting for the purchase of two new units. ELECTRIC • Number of outages/trouble calls in January: 4 • Number of users affected: 7 • Cause(s) of outage(s): Broken Cutout, Bad Transformer, Bad Transformer, Fuse • Location of outage12000 Seward Hwy, B st. Bear Lake Rd, 14000 Seward Hwy • Generated for: n/a • Number of new Job Orders started since Jan. 1, 2016: 9 HARBOR • We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project on 2-25-2016, 3-3-2016 and 3-10-2016. • Hamilton Construction is continuing to stock pile rock on the North Dock, dredging is continuing, they have also started dredging from the beach to increase productivity. • All of the piling has been installed for the A, B, C and S-float replacement project; they are currently putting in the water and fire systems. • The Harbor, R&M and Turnagain Marine had a construction meeting on 2-25-2016, 3-3-2016 and 3-10- 2016, Turnagain Marine is currently ahead of schedule. • Harmon construction has received all the materials for the new Fish Cleaning Station, they are currently constructing the fish cleaning station, the pile have been driven and the remainder of the pile hoops have been installed and they are currently on schedule. • Harbor will be installing a RUM (REMOTE UTILITY MONITORING) on the new floats • PARKS & RECREATION Sports & Rec Urbach's Youth Basketball - UYBL Expo games at Seward High School Seahawk Games—Feb 19 & 20 - UYBL Photo—March 5th - Pre & Lil D's EOS Celebration—March 12 - No games—March 19th (Spring Break) - Rookies & Juniors EOS Round Robin Tourney—March 26th Pink Cheeks online registration will open before March 1st at www.runsignup.com Registration is now available for the Challenger British Soccer Academy League will run March 28th — May 30th Challenger British Soccer Camp is planned for June 20— 24th at the Elementary Soccer Field. Register online at www.challengersports.com or email dleeming@a,challengersports.com. Open Adult Soccer every Tuesday at the Middle School from 6:30 to 8:30. Diaper Derby& Little Kids Egg Hunt will be held Sat, Mar 26th Teen and Youth Center ASP: the weather is warming up enough to let us get outside to play a bit more. We are beginning again to enjoy the parks and play area's the city has to offer. Day Camps: 2 days of Schools out day camp and an early dismissal day brought the kids to the TYC for full days of fun. A trip the Sea Life center, making pillows &photo hunt was tons of fun for the participants and staff. *, . � Ti' w m Middle School After hours: Taco Tuesday is a hit with the Middle Schoolers, as is the evening events with as many as 20 kids attending the evening programs. TYC got to host the High School dance this week with 27 high schoolers attending. It was the 1St dance the TYC has hosted this year. Elementary School Valentine's Day Event was hosted on 2/14 with 11 kids attending. Kids enjoyed swimming, cooking, games and movies, so much fun for all. Teen Rec Room The Teen Rec Room hosted a Middle School Valentine party that was a huge success with 45 Middle ..74 7: 1,A:gii; ' rt. v, Schoolers' in attendance. Teens stayed entertained with music, Valentine card decorating contest, games tourneys, cookie decorating and not to mention the awesome photo booth brought to you by One Shot Photo. a` ' ∎+' r w Pll L" ' .F.+, t - �' * !..' 1 it 1 6 5 BOARD MEMBERS&OFFICERS KMTA Corridor Communities Association i' September 31,2015 AlliallibL Janet McCabe,President Sue Cogswell Representing Hope Representing Whittier Ghost Forest 907-272-2119 907-222-2440 �' boardwalk and fillymcc@aoLcom sue_cogs@yahoo.com interpretive 1326 K Street 2207 Spenard Rd,Suite 207 painterpetive Anchorage,AK 99501 Anchorage,AK 99503 Kenai Mountains-Turnagain Arm 2015 grant to the Dan Walker,Vice President Marianne Daniels National Heritage Area Alaska Wildlife Representing Seward Representing Girdwood Conservation 907-362-7858 907-575-2108 Center dlwalker @gci.net 907-783-2740 PO Box 112 mld@alaskan.net Seward,AK 99664 PO Box 867 ---- ---- --- - Girdwood,AK 99587 t ( . Kenai Mountains-Turnagain Arm Mona Painter,Secretary ' ( ' ' National Heritage Area /'/ g Representing Cooper Landing Lynee Doran r.., 907-595-1248 Representing Girdwood r" 14 7',., The designation of Alaska's Kenai Mountains-Turnagain Arm as a National painter @arctic.net doran@acsalaska.net Heritage Area recognizes the unique history and culture of an area that PO Box 711 PO Box 1064 4 cradles one of the most interesting regions of Alaska's history. With its Cooper Landing,AK 99572 Girdwood,AK 99587 ;,a abundant historic,cultural,scenic and outdoor recreational resources,the ? ''t 1lt �t KMTA NHA is important to understanding our state and national history. Rae Kozlowski,Treasurer Sue McClure ' imam's,trays 8 I.509-243-5550 Representing Seward t NI a 4620 Emerald Circle 907-491-0828 '� + -''f I 1 „C- The Kenai Mountains-Turnagain Arm National Heritage Area (KMTA Anchorage,AK 99502-5120 suemccl@gmail.corn —- 1 NHA)encompasses a distinctive landscape of mountains,lakes,rivers and (Non-voting) PO Box 3686 .-..w.,�.•°,_ _ _ --�'_ fjords.The area is located in a region that runs north/south from Bird to Seward,AK 99664 Seward and includes Girdwood,Portage,and Moose Pass.To the west,the Bruce Jaffa area includes Cooper Landing,Sunrise,and Hope.To the east lie Portage, Representing Moose Pass Alexandra M.Lindgren 2015 Whittier,and the clear blue waters of Prince William Sound. 907-224-9ooz Representing Kenaitze Tribe jaffa@eagle.ptialaska.net 907-398-3181 PO Box 107 33310 StJo kenaitze.org Annual Report National Heritage Areas are designated by an Act of Congress and Moose Pass,AK 99631 33310 St Joseph administered by a local coordinating entity identified in the Act.Designation Solodotna,AK 99669 has no effect on property rights. Funding for locally-initiated projects that enhance and preserve local historic, cultural, scenic, and outdoor recreational resources is provided by the National Park Service through n.wr.�t -#,i s ' �t,_r'- the Kenai Mountains-Turnagain Arm Corridor Communities Association ' u I * 4:a• •(KMTA CCA). ` r + * ,''• Cover above: In 2015, KMTA r ,.4;� t installed the northbound "Dis- r,� o' w This Annual Report highlights some of the achievements of the KMTA CCA i i t, 111 cover the Story°welcome sign at c • _N K for 2015 and highlights several projects in which KMTA CCA grants have ' e' - • the Snow River overlook in time r 1- helped to protect and promote the cultural,historical and natural assets of A H ISTORY of MIN I NG ON for the Alliance of National Her- r- . - f- the region.Beginning in 2015,we are reporting on the Federal fiscal year, THE KENAI PENINSULA.ALASKA , October 1 to September 31.Earlier annual reports reflected the calendar a,.,tgry tInv itage Area's regional conference year,January I to December 3 L in May. Cover below: KMTA L .' ' partnered with Alaska Trails 6 ■ ammo the Girdwood Trails Committee .1 ' For more information about the Kenai Mountains-Turnagain Arm National F.v - Heritage area please contact the KMTA CCA Executive Director,Kaylene '� for a trails maintenance work- i 4 0/ Johnson at Jtavlene johnsonPgmail.cottt or visit our website. a shop. Left: A History of Min- j�`:- 3: - ,.',,,.. ,• ing on the Kenai Peninsula was • http://kmtacorridor.org i ��+/+ ' published through KMTA in r AA, _. ...rtrioc_atr,., 2015. FINANCIALS Area-wide Projects Some Highlights from 2015 2015 Completed Projects KMTA Award I Match Amt KMTA National Heritage Area Curriculum:This is an ongoing Hope Museum Development Grant 3,000 3,000 endeavor with updates being made to the high school and el- -' :, Bicycle trails:A bike trail map was Seward Mariners Memorial 10,000 50,400 ementary curriculum's online resources.A web-based resource ` developed for the KMTA area and is River City Academy Field Trip 500 3,024 matrix and teacher guide was launched in 2015.Schools/educa- ,,-,i ► posted on the KMTA website. This BuzzBizz Curriculum support 360 0 tors are invited to apply for mini-grants to encourage educes- :. is the beginning phase of our goal to Hope Highway sign installation 18,588 6,650 tional field trips to the area. )-`*w.I help develop a bike trail through the Summit Education Resource Matrix 3,838 710 ii ' - National Heritage Area. An infor- Northern Vista website upgrade 3,973 3973 KMTA KMTA .MTA National Heritage Area signage: MTA received DOT , 16' ., j;,, mal survey offered insights into user Four Colour:Spaces to ebook 590 0 permitting to install the north-bound "Discover the Story" . 'e'S , .1-.4 -y groups and their vision for future bi- ANHA Conference in Alaska 0 6,547 monument sign at the Snow River lookout.A permit was also ' 4r4. cycle trails in the area.KMTA also Northbound"Discover the Story"sign 23,834 24,000" secured to install the identical south-bound sign at the Windy 4 , helped to host a trail maintenance Alaska App Phase 3 5,875 5,875 Corner highway improvement project in 2018. Heritage me- - workshop in Girdwood. Girdwood Roundhouse archive project 8,959 9,759 dallion signs are now available for all grantees to identify their Summit Education DVD Guide 3,204 815 projects as a national heritage area sites. City of Whittier:A series of interpretive signs were installed Corns Design 4,065 0 at significant points of interest around Whittier.The signs Earthquake Forest Exhibit 6,000 6,134 KMTA National Heritage Area Publications:KMTA has devel- depict the military history of the community and are part of City of Whittier heritage sign project 2,500 10,000 oped guidelines for publication of future books and publics- a historical walking tour.Because of severe weather in the Outreach expenses-book promotion 151 869 Lions.Forthcoming in 2016 is a companion book to Memories area,the signs were designed to be removed for winter stor- Reprint of The Spaces Between 7,577 0 of Old Sunrise. age and replaced again in spring. Seward Mural Gardens 1,500 3,315 AHF Remaining grant payment 300 Publications: Gold Rush Wife is forthcoming in 2016,a coin- Book sales income 8,210 panion book to Memories of Old Sunrise.This original title Program Development(staff) 78,819 45,074 offers a woman's perspective on the Turnagain Arm Gold Rush.Edited by Dr.Rolfe Buzzell,the original manuscript Total Completed/Paid $183,333 $188,655 --.I Indian ,,,,, - was written from 100-year-old documents through narra- fives told to Dorothy Frost. KMTA Curriculum:The project continues to grow in signifi- • " cance across the state and has gained an audience beyond 2015 Grants In-Process KMTA Award/Match Amt '' the classroom and the Kenai Peninsula Borough School Dis- trict.In 2015,Alaska Public Media began airing the DVD Cooper Landing Museum Development Grant 3,000 3,019 Videos created in the KMTA curriculum as part of the tele- Roundhouse Museum Development Grant 1,997 4,000 I- -•+�- >, visions regularly-scheduled statewide broadcast. Creator, Hope Museum Development Grant 3,000 9,929 1 ••-}„'•% - ' / Marc Swanson was nominated for a Governor's Award for Girdwood Town Square signage 2,500 2,500 I Zt Public Media Partnership 9,000 1 his work on this project. Seward Cable House restoration 10,000 15,000 Hope Quonset Hut restoration 12,000 12,700 •-To• " . MIIM I r- Museum Development Grants: These grants continue to sup- Gold Miner's Wife book publication 17,500 18,000 1an°'p port local museums,libraries and heritage sites.In 2015, NHA Bicyle Trail Development 15,000 15,000 •t, the Round House Museum completed an extensive archive Turagain Times outreach 7,500 9,000 project which culminated in the publication of The lames AWCC cabin restoration&move 6s00 14,000 IcMTA National Girdwood Collection:Photos from 1896-1904.The Hope Moose Pass Welcome sign 6,785 8,650 Heritaoe Area Museum uses the grant to refine exhibits,update their Southbound"Discover the Story"sign 24,500 24,500 ti �`wgnxa„ inn Ala,.a Rav o,v website and send out newsletters each summer.The Cooper TM'.' Landing Museum is using a KMTA grant to help archive Total In-process $110,282 $145,298 ■"a■nn Naeonai,aem..n,. _°' NHA ea their collections. // , i ,.,... 'in-kind,pending documentation Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH OTIS ELEVATOR COMPANY TO PROVIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES FOR ALL CITY ELEVATORS WHEREAS, the Alaska State Statutes and Regulations require the city to have an established elevator Maintenance and Control Program that is managed by qualified elevator personnel as outlined in the current A17.1 Safety Code for Elevators and Escalators,Sections 8.6 and 8.11; and WHEREAS, the current contract with Arctic Elevator Company expires March 15, 2016; and WHEREAS, in accordance with Seward City Code Sections 6.10.135 and 6.10.140, a Request for Proposals(RFP)was issued January 27,2016 and one(1)firm submitted a proposal by the published deadline of 3:30 p.m. on March 4, 2016; and WHEREAS,the proposal was evaluated Public Works staff and the Otis Elevator Company was determined to be a qualified and responsive proposer for an amount not-to-exceed $525 per month. 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 Professional Services Agreement, substantially in the form presented at this meeting, with Otis Elevator Company for the repair and maintenance of the City's three elevators for an amount not-to-exceed $525 per month. Section 2.The City Council finds that Otis Elevator Company is a responsible and qualified proposer. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of March, 2016. Agenda Statement 'AOf Sett. Meeting Date: March 14, 2016 To: City Council .P �ASIl� Through: Jim Hunt, City Manager From: W.C. Casey, Public Works Director Agenda Item: Professional Services Agreement with OTIS Elevator Company for Elevator Maintenance& Repair BACKGROUND & JUSTIFICATION: The City maintains elevators at three (3) locations (City Hall, the Community Center and the Library/Museum) and is required by Sections 8.6 and 8.11 of the current A17.1 Safety Code for Elevators and Escalators, to have an established Maintenance and Control Program (MCP). The services mandated under the MCP are to be conducted by qualified elevator personnel and at a minimum must include: quarterly inspections; quarterly cleaning/maintenance; quarterly Fire Emergency Service Phase 1 testing;a once-every-5-year Full Load test;annual Load Pressure Relief testing; an annual Efficiency and Maintenance Survey Inspection Report; and maintain the maintenance and repair records for all services provided to maintain the MCP. The current Elevator Maintenance and Repair agreement expires on March 15,2016. In accordance with Seward City Codes 6.10.135 and 6.10.140,Public Works issued a Request for Proposals(RFP) to enter into a professional services agreement for a three(3)year contract,with two (2)additional one-year extensions available. One (1) firm submitted a proposal to the City Clerk's office by 3:30pm March 4,2016 as instructed in the RFP. The proposal submitted by Otis Elevator Company was reviewed by Public Works staff and found to be responsible and qualified,with a proposal for a base amount not-to-exceed $525 per month. INTENT: To enter into a professional services agreement with Otis Elevator Company for the maintenance and repair of City's three(3) elevators. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): Pg 8 1.3 "Public Safety" X 2. Strategic Plan (document source here): X 3. Other(list): X 0I FISCAL NOTE: The cost of services will be split between the Library/Museum,the Community Center and City Hall and were included in their respective 2016/2017 budgets. Approved by Finance Department: fit ATTORNEY REVIEW: Yes X No Not Applicable RECOMMENDATION: J2 5o 2-01(t) - n 2,1 Seward City Council authorize the City Manager to enter into a professional services agreement with Otis Elevator Company. I AGREEMENT FOR ELEVATOR MAINTENANCE AND REPAIRS THIS AGREEMENT is made and entered into this 15th day of March, 2016 ("Effective Date"), by and between the CITY OF SEWARD, ALASKA a home rule municipal corporation (hereinafter called Owner), and Otis Elevator Company (hereinafter called Contractor). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK PROVIDED BY CONTRACTOR 1.1 Scope of Work. Contractor shall provide the materials and work described in the Owners Request for Proposal ("RFP") attached hereto as Exhibit "A" and incorporated herein by reference ("RFP") and Contractor's Response dated March 3, 2016 (the "Proposal"), attached hereto as Exhibit "B" and incorporated herein by reference. 1.2 Standards and Practices. All work to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised in similar fields and circumstances in accordance with sound practices. Materials and elevator parts will be suitable for their intended purpose. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise the Owner of any changes in any laws that may affect Contractor's performance of this Agreement. 1.3 Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and Alaska employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.4 Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation. 1.5 Non-Exclusive Agreement. Contractor acknowledges that Owner may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. -Page 1 of 8- 1 • 1.6 Delegation and Assignment. Contractor was selected, in part, based on experience in the work to be performed, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of Owner. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform work contemplated by this Agreement at Contractor's sole cost and expense. 2. COMPENSATION AND BILLING 2.1 Compensation. Contractor shall be paid on a quarterly basis in accordance with the methodology and fee schedule set forth in the Proposal. 2.2 Additional Work. Contractor shall not receive compensation for any work outside the scope of work specified in the Proposal unless the Owner, prior to Contractor performing the additional work, approves such additional work in writing. It is specifically understood that oral requests and/or approvals of such additional work or additional compensation shall be barred and are unenforceable. 2.3 Method of Billing. Contractor shall submit invoices to Owners Contracting Officer for approval on a quarterly basis. Invoices shall be based on the total of all Contractor's work which has been completed to Owner's sole satisfaction. Owner shall pay Contractor's invoice within thirty (30) days from the date Owner receives the invoice, for work completed. Each invoice shall describe in detail, the materials or parts purchased and the services performed and the associated time for completion. Any additional work approved and performed pursuant to this Agreement shall be designated as "Additional Work" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4 Records and Audits. Records of Contractor's work relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to Owner or its Contracting Officer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3. TIME OF PERFORMANCE 3.1 Commencement and Completion of Work. The work to be performed pursuant to this Agreement shall commence upon issuance of a Notice to Proceed by the Contracting Officer. Work shall be performed in strict compliance with a schedule approved by Owner, as may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. -Page2of8- 12. 3.2 Project Delays. Notwithstanding any other provision in the contract to the contrary, neither party shall be liable for any loss, damage or delay due to any cause beyond either party's reasonable control, including but not limited to acts of government, labor disputes, strikes, lock outs, theft, weather, natural or man-made disaster, civil commotion, mischief or act of God. Under no circumstances shall either party be liable for special, indirect, liquidated or consequential damages of any kind including, but not limited to, loss of goodwill, loss of business opportunity, additional financing costs or loss of use of any equipment or property. 4. TERM AND TERMINATION 4.1 Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on March 15, 2019, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The Owner, through the City Manager, may, at the Owner's discretion, offer to extend this Agreement for up to two additional one-year periods. If Owner makes such an offer, the Contractor will have 30 days to accept or refuse the offer. 4.2 Notice of Temmination. This Agreement may be terminated: 1) if Contractor fails to perform any of its material obligations hereunder and does not cure such failure within thirty (30) days after receipt of written notice from the Owner specifying such failure; or 2) if the funding for this Agreement is not appropriated by the Owner, upon receipt of a notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the Owner. 4.3 Compensation. In the event of termination, Owner shall pay Contractor for reasonable costs incurred and services satisfactorily performed up to and including the date of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maintenance records, maps and reports, shall be delivered to the Owner within ten (10) days, at no cost to Owner. Any use of uncompleted documents without specific written authorization from Contractor shall be at Owner's sole risk and without liability or legal expense to Contractor. -Page 3 of 8- 19) 5. INSURANCE. 5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of Alaska. 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Seward and its elected and appointed officers, agents, and employees are additional insureds with respect to this contract with Owner." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to Owner." (c) Other insurance: "Any other insurance maintained by the City of Seward shall be excess and not contributing with the insurance provided by this policy." 5.3 Certificates of Insurance: Contractor shall provide to Owner certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by Owner, prior to performing any work under this Agreement. 5.4 Non-limitinq: Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. -Page4of8- ,Li 6. GENERAL PROVISIONS. 6.1 Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2 Representatives. The Public Works Director, W.C. Casey, or his designee, shall be the representative of Owner for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the Owner, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3 Notices: Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO Owner: Otis Elevator Company City of Seward, Alaska 619 E. Ship Creek Ave, Suite 301 P.O. Box 167 Anchorage, Alaska 99501 Seward, Alaska 99664 Phone: 907.278.4575 Phone: 907.224.4005 Fax: 907.279.4125 Fax: 907.224.5051 ATTN: Joy Sparrow ATTN: W.C. Casey 6.4 Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. -Page 5 of 8- (' 6.5 Governing Law: This Agreement shall be governed by and construed under the laws of the State of Alaska. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Anchorage, Alaska. 6.6 Assignment: Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without Owner's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of Owner's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.7 Indemnification: The Contractor shall indemnify, defend and hold the City of Seward harmless: (a) From and against any claim or demand for loss, liability or damage, including I claims for property damage, personal injury or wrongful death, arising out of contractor's operations unless the result of the sole negligence of the Owner, or by any fire or other destructive force on the Premises or growing out of or caused by any failure on the part of the Contractor to maintain the Premises in a safe condition.; and (b) From and against all actions, suits, damages, and claims by whomsoever brought or made by reason of the non-observance or non-performance of any of the terms, covenants and conditions in the Contract or the rules, regulations, ordinances and laws of the United States or the State of Alaska. 6.8 Independent Contractor: Contractor is and shall be acting at all times as an independent contractor and not as an employee or agent of Owner. 6.9 Ownership of Documents: All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of Owner. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of Owner. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of Owner and without liability or legal exposure to Contractor. Contractor shall deliver to Owner any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by Owner or its authorized representative, at no additional cost to the Owner. -Page 6 of 8- i 6.10 Public Records Act Disclosure: Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided to Owner may be subject to public disclosure as required by the Alaska Public Records Act. 6.11 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the Contracting Officer, regarding any services rendered under this Agreement and may be required to supplement or correct prior work at no additional cost to Owner. 6.12 Prohibited Employment: Contractor will not employ any regular employee of the Owner while this Agreement is in effect. 6.13 Order of Precedence: In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of the RFP or the Proposal, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Proposal and the RFP and the Proposal shall govern over the RFP. 6.14 Costs: Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.15 No Third Party Beneficiary Rights: This Agreement is entered into for the sole benefit of Owner and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.16 Headings: Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.17 Construction: The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. -Page7of8- Iel 6.18 Amendments: This Agreement may only be amended by mutual agreement of the parties, and in writing, including Contract prices and schedule adjustment, prior to the commencement of work covered by changes or modifications. If any such changes cause an increase or decrease in the Contractor's cost of, or the time required for, the performance of this Agreement, an equitable adjustment shall be made and the Contract modified in writing accordingly. If the Owner and Contractor fail to agree upon this adjustment to be made, the Owner reserves the right to solicit bids from other vendors for the performance of the additional work. 6.19 Waiver: The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.20 Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.21 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.22 Corporate Authority: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. -Page 8 of 8- l S IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SEWARD CONTRACTOR /A1Z5: Jim Hunt, City Manager Michael V. Liebing Manager-Alaska Date: Date: 31946 ATTEST: Johanna Kinney, City Clerk -Page 9 of 8- cy Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2016-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PDC INC. ENGINEERS TO PROVIDE PROFESSIONAL SERVICES FOR THE COMPREHENSIVE PLAN UPDATE WHEREAS, the current 2020 Seward Comprehensive Plan was approved by City Council on August 8, 2005 and forwarded to the Kenai Peninsula Borough for approval; and WHEREAS, the community and City Council need an accurate and current Comprehensive Plan that expresses the community's desire for future growth and development; and WHEREAS, the Comprehensive Plan is a document the council uses to manage and facilitate the decisions made in the growth of our community; and WHEREAS, the Kenai Peninsula Borough Assembly approved Ordinance 2014-19-47 which appropriated a $50,000.00 grant to the City of Seward for the Comprehensive Plan update; and WHEREAS, the City Council approved Resolution 2015-059 accepting the Kenai Peninsula Borough grant funds and appropriating funds; and WHEREAS, at the December 14, 2015 meeting, the City Manager informed the Council of the Requests For Proposal to provide professional services and the scoring criteria; and WHEREAS, five (5) proposals were received from professional firms. Three (3) staff and one (1) Planning and Zoning Commissioner reviewed and scored the proposals on February 9, 2016, and PDC Inc. Engineers scored the highest of the five (5) proposers; and WHEREAS, the City of Seward Professional Services Agreement has been signed by PDC Inc. Engineers and is included with this resolution. 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 the Professional Services Agreement with PDC Inc. Engineers, as attached hereto in substantial form, in an amount not to exceed $39,077.56. Section 2. This resolution shall take effect immediately. 20 Agenda Statement e of stk. Meeting Date: March 14, 2016 4• To: City Council atAS�� Through: Jim Hunt, City Manager er 4 Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Approving a professional services agreement with PDC, Inc. Engineers BACKGROUND & JUSTIFICATION: The Seward Comprehensive Plan was last updated in 2005 and provides a guide for community development pertaining to land use, transportation facilities, economic development, public facilities and services. The 2030 Comprehensive Plan will be a long range policy document adopted by the City Council. The plan establishes a vision for the City, provides policy guidance for growth and development and contains action items directed at the City to implement the vision of the community. At the December 14, 2015 Council meeting the City Manager informed the Council of the Request For Proposals (RFP) to provide professional services and the scoring criteria. The RFP was released on January 6, 2016; five (5) proposals were received from professional firms. Three (3) staff and one (1) Planning and Zoning Commissioner reviewed and scored the proposals on February 9th; PDC INC. Engineers scored the highest of the five (5)proposers. PDC, Inc. Engineers was sent a letter of intent to award on February 10, 2016. The proposal in the amount of$39,077.56 was the lowest, responsive proposal and met the qualifications of the City. PDC, Inc. Engineers has signed the Professional Services Agreement as attached. INTENT: Award the Professional Services Agreement for the Comprehensive Plan Update. CONSISTENCY WITH CITY PLANS Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 1 2005) X • Was written to provide a vision and guidance for growth and development through the year 2020. Strategic Plan (Approved by Council Resolution 99-043): Pursue the community's vision through rigorous 2 implementation of the Comprehensive and Land Use Plans X • Ensure that all legislative and administrative decisions are consistent with the goals of the Strategic and Comprehensive Plans (Page 10 & Bullet 3) 2—I Seward City Code 15.05.010. - Seward Comprehensive Plan. From time to time, upon recommendation of the city council, the Kenai Peninsula Borough assembly shall by ordinance modify, 3. adopt and implement the Seward Comprehensive Plan. The plan X is a public declaration of policies reflecting community goals as expressed by citizens, and is meant to guide the actions of elected officials in setting forth the goals, objectives, and policies governing the future development within the city. FISCAL NOTE: The Funding for the Comprehensive Plan Update has been provided by Kenai Peninsula Grant funds in the amount of$50,000.00. Advertising for the RFP has used $1284.50 of these funds, with a remainder of$48,715.50. Approved by Finance Department: jeih 4L6/1 ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council to approve Resolution 2016- OD/ , authorizing the City Manager to enter into the Professional Services Agreement with PDC INC. Engineers, as attached hereto, in substantial form, in an amount not to exceed $39,077.56. 2-2- Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $50,000.00 FROM THE KENAI PENINSULA BOROUGH FOR THE UPDATE OF THE SEWARD COMPREHENSIVE PLAN AND APPROPRIATING FUNDS WHEREAS, the current 2020 Seward Comprehensive Plan was approved by City Council on August 8, 2005 and forwarded to the Kenai Peninsula Borough for approval; and WHEREAS, during the last ten (10) years the community of Seward has experienced significant growth and change; and WHEREAS, the community and Council need an accurate and current Comprehensive Plan that expresses the community's desire for future growth and development; and WHEREAS, the Comprehensive Plan is a document the Council uses to manage and facilitate the decisions made in the growth of our community; and WHEREAS, Council approved Resolution 2015-008 requesting grant funding from the Kenai Peninsula Borough for the purpose of updating the 2020 Comprehensive Plan; and WHEREAS, the Kenai Peninsula Borough approved Ordinance 2014-19-47 which appropriated a $50,000.00 grant to the City of Seward for the Comprehensive Plan update; and WHEREAS, the Planning and Zoning Commission approved Resolution 2015-13 recommending the City Council accept the Kenai Peninsula Borough grant funds. 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 accept the $50,000.00 grant from the Kenai Peninsula Borough to update the 2020 Comprehensive Plan. Section 2. Funding in the amount of$50,000 is hereby appropriated from Miscellaneous Grant revenue account no. 30061-0000-4253 to contracted services account no. 30061-0000- 7009. Section 3. This resolution shall take effect immediately upon its adoption. 2.3 CITY OF SEWARD,ALASKA RESOLUTION 2015-059 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22'd day of June, 2015. THE CITY OF SEWARD, ALASKA /-e1 A ' rL L i 'Lae—''-t- an Bardarson,Mayor AYES: Casagranda, Keil,Terry, Squires, Butts, Darling, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: I I• 1 • ! .,Ai. !am...., Jo anna Kinnz C C �Ci y Clerk (City Seal) ,,,,,,,,,,,,,, .4' pFSg� y.,°,. •�(J> oontPO 2% "c'•., OF t S •,r. I Pi Agenda Statement r 40,Se. 4� Meeting Date: June 22, 2015 c.• i �� To: City Council rk' a&Asto* Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Accept the Kenai Peninsula Borough $50,000.00 grant for the update of the 2020 Comprehensive Plan BACKGROUND &JUSTIFICATION: The Seward Comprehensive Plan was last updated in 2005, and provides a guide for community development pertaining to land use, transportation facilities, economic development, public facilities and services. The 2030 Comprehensive Plan will be long range policy document adopted and amended by the City Council. The Plan establishes a vision for the City, provides policy guidance for growth and development and contains action items directed at the City to implement the vision. During the last ten (10) years the community of Seward has experienced growth and change. The community needs to have an accurate and current Comprehensive Plan that expresses the community's desire for future growth and development. The Kenai Peninsula Borough provides for planning on area-wide bases in accordance with Alaska Statute 29.40.010. Council approved Resolution 2015-008 requesting grant funding from the Kenai Peninsula Borough for the purpose of updating the 2020 Comprehensive Plan. The Kenai Peninsula Borough approved Ordinance 2014-19-47 which appropriated a $50,000.00 grant to the City of Seward for the Comprehensive Plan update. The Community Development Department will coordinate the project on behalf of the City. The City planning staff will assist in providing planning documents, existing maps and in coordinating the Planning and Zoning Commission public workshops. The Planning and Zoning Commission will be the public forum used to track the progress of the project and will act in an advisory capacity at the request of the administration. CONSISTENCY WITH CITY PLANS Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005) 1. • Was written to provide a vision and guidance for growth and X development through the year 2020. Strategic Plan (Approved by Council Resolution 99-043): 2. Pursue the community's vision through rigorous implementation of X the Comprehensive and Land Use Plans z5 • Ensure that all legislative and administrative decisions are consistent with the goals of the Strategic and Comprehensive Plans (Page 10 & Bullet 3) Seward City Code 15.05.010. - Seward Comprehensive Plan. From time to time, upon recommendation of the city council, the Kenai Peninsula Borough assembly shall by ordinance modify, adopt and 3. implement the Seward Comprehensive Plan. The plan is a public X declaration of policies reflecting community goals as expressed by citizens, and is meant to guide the actions of elected officials in setting forth the goals, objectives, and policies governing the future development within the city. INTENT: Council to accept the Kenai Peninsula Borough $50,000.00 grant for the update of the 2020 Comprehensive Plan FISCAL NOTE: There is no local funding required to match these grant funds. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: Staff and the Planning and Zoning Commission recommend the Council approve Resolution 2015- OSI , accepting the $50,000.00 Kenai Peninsula Borough Seward Comprehensive Plan update grant and appropriating funds. Professional Services Agreement for Comprehensive Plan Update Professional Services This AGREEMENT, made and entered into this th day of , 2016 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and PDC Inc. Engineers, a Professional Engineering Services Firm authorized to do business in Alaska, with offices located at 2700 Gambell Street, Suite 500, Anchorage AK 99503, hereinafter referred to as the "Consultant." WITNESSETII WHEREAS, the City of Seward wishes to enter into a contract with an independent consultant to provide professional services for the Seward Comprehensive Plan Update in Seward, Alaska; and WHEREAS, in response to a request for a proposal, PDC Inc. Engineers submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITION 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Consultant's Proposal for Comprehensive Plan Update Professional Services dated February 5, 2016. Exhibit B —Consultant's Certificate of Insurance 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean City Planner, Donna Glenz, and include any successor or authorized representative. 1.5 "Project" shall mean the City of Seward, Comprehensive Plan Update. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This -Seward Comprehensive Plan Update- -2016- -Page 1 of 8- Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in Consultant's Scope of Services or changes thereto. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The total fees shall not exceed$39,077.56. 4.0 SCOPE OF SERVICES. The City and the Consultant have agreed upon the scope of work described in Exhibit A, to provide professional services based on standard industry practice. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as described in Exhibit A. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Consultant will be performed by: Patrick Cotter and Bryan Hill. 6.2 Changes in Key Personnel. The Consultant shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Consultant agrees to provide all required professional services to complete the project and any additions or changes thereto. The Consultant accepts the relationship of trust and confidence established between it and the City by this Agreement. The Consultant covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Consultant shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Consultant agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Consultant's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the consultant fails to meet the agreed upon schedule within Exhibit A, the consultant shall pay as liquidated damages and not as penalty $200.00 per day for each day after the final Comprehensive Plan is not delivered. -Seward Comprehensive Plan Update- -2016- -Page 2 of 8- 9.0 COMPLIANCE WITH LAWS. The Consultant shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Consultant, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Consultant shall indemnify, defend,and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Consultant under this agreement, including attorney fees and costs. The Consultant is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors,and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Consultant and the City, the indemnification, defense, and hold harmless obligation of the Consultant, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Consultant" and "City" include the employees, agents, and Consultants who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the City" means negligence other than in the City's selection, administration, monitoring, or controlling of the Consultant, or in approving or accepting the Consultant's work or the Consultant's sub-Consultants. 11.0 INSURANCE. The Consultant understands that no City insurance coverage, including Workers' Compensation, are extended to the Consultant while completing the terms of this Agreement. The Consultant shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Consultant shall not commence work under this Agreement or any work on any phase of the Project until the Consultant provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Consultant of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Consultant shall permit the City to examine any of the insurance policies -Seward Comprehensive Plan Update- -2016- -Page 3 of 8- 2.9 specified herein. Any deductibles or exclusions in coverage will be assumed by the Consultant, for account of, and at the sole risk of the Consultant. The minimum amounts and types of insurance provided by the Consultant shall be as set forth in Exhibit B, subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW, The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Consultant for services hereunder include full compensation for all work products and other materials produced by the Consultant and its sub-Consultants pertaining to this Agreement. The originals of all material prepared or developed by the Consultant or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Consultant and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Consultant included in this project will remain property of the Consultant. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS,TRADEMARKS, AND COPYRIGHTS. The Consultant agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Consultant or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Consultant, within reasonable time and at its own expense,will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process,etc.,with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Consultant to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Consultant shall perform the work in a safe and workmanlike manner. The Consultant shall comply with all federal and state statues, -Seward Comprehensive Plan Update- -2016- -Page 4 of 8- 30 ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Consultant a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Consultant and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Consultant will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Consultant can establish and which would have been compensated but because of' the termination or suspension would have to be absorbed by the Consultant without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative,the Consultant shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice;and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status. change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Consultant shall take affirmative action required by law to ensure that applicants are employed and that employees are treated -Seward Comprehensive Plan Update- -2016- -Page 5 of 6- 3t during employment without regard to their race, color, religion, national origin, ancestry, age,or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Consultant may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONSULTANT. The Consultant shall be an independent Consultant in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Consultant shall pay all federal, state and local taxes incurred by the Consultant and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Consultant. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Consultant. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Consultant shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage,Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Consultant do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Consultant, will be done at the sole expense of the Consultant. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Consultant, make changes to the scope of work,or authorize additional work outside the scope of work. -Seward Comprehensive Plan Update- -2016- -Page 6 of 8- 26.3 Compensation to the Consultant. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule,or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Consultant for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Consultant of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Consultant to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. -Seward Comprehensive Plan Update- -2016- -Page 7 of 8- 33 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Donna Glenz, Matthew Stone, PE Planner Principal City of Seward PDC Inc. Engineers PO Box 167 2700 Gambell Street, Suite 500 Seward, Alaska 99664-0167 Anchorage,AK 99503 IN WITNESS WHEREOF,the parties have executed this Agreement. City of Seward PDC Inc. Engineers By: Jim Hunt By: Matthew Stone, PE Title: City Manager Title: Principal Date: Date: ft/ .2 5/20/G ATTEST: Johanna Kinney, CMC City Clerk (City seal) -Seward Comprehensive Plan Update- -2016- -Page 8 of 8- Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER, AND APPROPRIATING FUNDS WHEREAS, the Seward City Council approved the employment agreement with James Hunt on October 10, 2011 in Resolution 2011-075; and WHEREAS, the City Manager, as a contracted position, does not participate in the pay plan of city employees, and any changes in pay or benefits requires an amendment to the employment agreement; and WHEREAS, per a satisfactory evaluation, the parties have negotiated an amendment to the City Manager's contract to increase the hourly pay from $55.64 to $58.53, reduce the amount of notice the parties are required to give upon termination, authorize a deposit into the ICMA deferred compensation account, and allow the City Manager to hold an interest in another business, if approved by the City Council; and WHEREAS, an amendment of$6,100 will bring the total personnel costs for all salary and benefits of the City Manager department in 2016 to $293,185; and WHEREAS, an appropriation is needed for the deferred compensation portion of this amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Amendment No. 4 to the City Manager's employment agreement dated October 31, 2011 and effective through January 25, 2019, is hereby approved in substantial form as presented at this meeting. Section 2. The 2016 Budget is hereby amended to reflect funding in the amount of $6,100.00 appropriated from the General Fund undesignated fund balance account no. 01000- 0000-3400 to the City Manager salary and benefits accounts no. 01000-1120-6XXX. Section 3. The effective date of this increase shall be retroactive to January 1, 2016, and upon approval of this resolution, a deposit will be made into the ICMA deferred compensation account. Section 4. This resolution shall take effect immediately. Agenda Statement e of std -t q Meeting Date: March 14, 2016 :1�' �0 To: City Council ''`' II�� q�AS�P Through: James Hunt, City Manager`►�' From: Kristin Erchinger, Finance Director Agenda Item: Amendment No. 4 to City Manager Employment Agreement BACKGROUND & JUSTIFICATION: The City Council approved an Employment Agreement with city manager James Hunt on October 10, 2011 via Resolution 2011-075. The city manager position is a contracted position and is therefore not subject to the City's pay plan. As such, all adjustments to salary and benefits are negotiated annually during the city manager's performance review. The attached Amendment No. 4 to the Employment Agreement consists of the following modifications: 1) the annual pay is increased by $6,000, equal to an increase in hourly pay from $55.64 to $58.53;2)the amount of notice the parties are required to give in the event of termination of the agreement is reduced from sixty (60) to thirty (30) days; 3) the City will make a deposit of $5,000 into the ICMA deferred compensation account on behalf of Mr. Hunt; and 4) the city manager will be allowed to hold an interest in another business, if approved by the City Council. INTENT: To amend the employment contract with the city manager upon successful performance evaluation. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: An appropriation of$6,100 is requested to cover the deposit into ICMA deferred compensation account, plus potential costs associated ith taxes and/or benefits. Approved by Finance Department: _At. _ / ATTORNEY REVIEW: Yes No X Not Applicable RECOMMENDATION: City Council approve Resolution 2016- O Lauthorizing Amendment No. 4 to the employment agreement with city manager James Hunt. Amendment No. 4 to Employment Agreement City Manager Services for James Hunt This amendment no.4 is to the employment agreement("Agreement")with the city manager,James Hunt("Hunt"). Hunt began employment with the City of Seward ("City") on October 31, 2011 as approved by the Seward City Council in Resolution 2011-075. This Employment Agreement has been authorized and amended as follows: Original Agreement authorized on October 10, 2011 via Resolution 2011-075 Amendment No. 1 passed on February 11, 2013 via Resolution 2013-013 Amendment No. 2 passed on February 10, 2014 via Resolution 2014-020 Amendment No. 3 passed on January 26, 2015 via Resolution 2015-007 Amendment No.4 passed on , 2016 via Resolution 2016- This Amendment No. 4 amends the following provisions of the Agreement (Deletions are BOLD Additions are BOLD UNDERLINE). All other provisions remain unchanged. 1. Hunt agrees to devote full time on behalf of the City and may hold an interest in another business upon approval of the Seward City Councilnot° other 2. Hunt shall be paid at the rate of$9,363$8, per month, retroactive to January 1,2016. The City Council agrees to review Hunt's performance annually. 3. Hunt shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. Hunt shall be covered by the standard City health insurance and retirement plans. The City agrees to deposit $5,000 into Hunt's ICMA deferred compensation account. He shall receive credit for annual leave accrued at the rate of 16 2/3 13 hours per month. 5. ....."Accordingly, this agreement may be terminated as follows: 5(a). By Hunt for any reason or no stated reason upon giving thirty (30) sixty{60) days' written notice to the City. Upon receipt of notice, the City may immediately terminate the relationship or require Hunt to continue for a period not to exceed thirty(30)sixty460)days at his regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within ten (10)twenty five(25)days of the receipt of notice,and the City's failure to make an election shall be deemed as 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, Hunt shall be entitled to his annual leave balance to the date of termination. 5(b) By the City for any reason or no stated reason upon giving written notice to Hunt, the City may at its option, terminate the relationship immediately. The City shall pay Hunt nine(9) months'severance pay upon his termination. 6. The City Council agrees to review Hunt's salary annually and upon a favorable review by the City Council on the standard City Manager Evaluation Form,agrees to consider a salary increase. This Amendment is dated this day of February, 2016. CITY OF SEWARD Jean Bardarson, Mayor James Hunt, City Manager Johanna Kinney,City Clerk (City Seal) 3r1 City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page CALL TO ORDER The February 22, 2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Dale Butts Sue McClure comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent—Deborah Altermatt CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lee Poleske spoke in support of the proposed city flag project.He liked that it would involve students of all grades to come up with designs. It would be a real challenge to come up with something with a few colors and symbols to capture Seward, he felt. Poleske thanked the city for getting Scheffler Creek Bridge fixed and for fixing a hole on the bike path.He also thanked the City Clerk and her staff for their help. Christy Terry spoke as a representative of the Alaska Railroad Corporation and hoped council would schedule a work session with the Railport Development Group for an update on the Railport Seward Project. They were asking specifically for the date of May 19, 2016 so the group could travel to Seward to share the feedback and also witness cruise ship operations the next day as well as participate in a chamber lunch. Thanked the council in advance for their support. Dan Linkhart was one of the initiators of the flag committee and member of the Seward Music and Arts Festival Committee. He thanked council in advance for supporting the flag project resolution on the agenda tonight.What better way to inspire pride in the community than to advocate for this project. A well designed flag would be beneficial and people would take pride in it. 35 City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page Justine Pechuzal was a local art educator, citizen,and artist. She expressed support for the city flag resolution and thought it was a great opportunity.The city logo was great and very detailed, but a simpler flag would be recognizable from far away. Pechuzal was here tonight to show support and was excited to see what would come out of it. Tim McDonald said the flag project sounded like a fun contest. He gave a short report as the city representative on the Cook Inlet Aquaculture Association,which met February 20, 1016.The big topic of discussion was State Proposition 203;six aquaculture associations were putting this measure before the state legislature and Resurrection Bay would be affected by it. McDonald said he had recommended to the association a Seward area salmon rehabilitation plan, as Seward's flood plain often affected the salmon spawns. Carol Griswold recalled at the February 10,2016 Special City Council Meeting for the City Manager's evaluation,she spoke of his violation of his contract with the council by his participation in a business,possible work place bullying,and possibly asking for a raise during a freeze. She said an internal, confidential investigation by the city's insurance company, Alaska Municipal League Joint Insurance Association (AML/JIA) should be considered by the City Council. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil requested Resolutions 2016-016, 2016-017, 2016-018, and 2016-019 be placed on the consent agenda with no objection from council. Bardarson requested to give an AML report on her recent trip to Juneau be added to the agenda. Keil requested a discussion item soliciting applications for the Cook Inlet Aquaculture Association City of Seward seat. Long requested council add an item to schedule a work session to discuss potential marijuana regulations. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-016, Accepting Funds From The Alaska State Library For A Continuing Education Grant In The Amount Of$1,500.00, And Appropriating Funds. Resolution 2016-017,Accepting Funds From The Alaska State Museums For A FY2016 Grant- In-Aid Internship Grant In The Amount Of$6,000.00 And Appropriating Funds. 39 City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page Resolution 2016-018, Accepting 2015 Travel And Training Grant Funds From The State Historic Preservation Office(SHPO) In The Amount Of$561.44,And Appropriating Funds. Resolution 2016-019, Placing The Eide-Stotko House Located At 420 Third Avenue On The Seward Register Of Historic Places. Approval of the January 25, 2016 and the February 8, 2016 Regular City Council Meeting Minutes and the February 10, 2016 Special Meeting Minutes. Appoint Margaret Anderson and Gary Seese to the Planning and Zoning Commission with terms expiring in February 2018 (Anderson) and 2019 (Seese). SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards 2015 Historic Preservation Awards to Jennifer Headtke and Tanguy Libbrecht. Chamber of Commerce Report. Cindy Clock reported she heard the birding trip last weekend was a huge success. "Rise and Shine" was the name of the new Seward business marketing group, who were meeting on the first and third Thursdays of each month. Dennis McMillian from the Foraker Group did some training for the chamber last week and it was a very inspiring visit. The National Ocean Sciences Bowl was this weekend in Seward, and chamber luncheons continued on with various speakers.The annual spring sports shows were coming up in the Matanuska Susitna Valley, Fairbanks and Anchorage. Clock was pleased to announce local resident and guide, Pyper Dixon, was featured in a National Geographic article. Borough Assembly Report. Brandii Holmdahl said at the last meeting the Assembly discussed a resolution that created a borough-wide Senior Citizens Task Force made of seven members. They also discussed an ordinance that was going to change the alcohol set back from schools and churches and also how to measure that setback. Through debate, it was decided to leave the alcohol setback distance at 500 feet,but the Assembly changed the way it was measured, which was similar to how the state measured: front-door to front-door. At their last meeting,the Assembly passed state capital projects. They would be having a work session with the Borough Planning Commission on February 23, 2016 prior to the Assembly meeting that evening. On the Assembly agenda was voting on proposed changes to the borough's local option zones and the borough's Marijuana Task Force recommendations. City Manager's Report.Jim Hunt reported the following purchase orders between$10,000 and $50,000 were approved since the last council meeting, all for the Electric Department: • $20,118.00 to Anixter for the purchase of halophane lights • $25,123.00 to G&W Electric for dielectric reclosure for Spring Creek • $13,974.00 to WESCO LED for street lights • $75,000.00 to Dryden&Lame for design and installation for the Spring Creek Substation • $15,260.00 to Schweitzer Engineering for the Spring Creek Transformer L40 City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page Long stated they had a lot of conversations in Juneau regarding the repair of the Seward Airport,which had needed repairs since 2012. $17 million of state funds were secured with the help the federal government, and the city was trying to find a way to work with state departments. Currently the proposed construction was set for 2018,but Long feared it would be longer than that. The city would continue to encourage the state to come up with an interim plan for larger aircrafts, which Seward could not currently accommodate. City Attorney's Report. Will Earnhart said they've worked on a lot of public records issues and ongoing matters related to litigation. Earnhart stated for executive sessions,the motion to go into executive session must be made on record and in a public meeting. Once the motion was approved,the session became private and the body should only discuss the issues set forth in the motion.This could include tangential issues, but no public motions on tangential issues should be made after the body came out of executive session. Anything decided on in executive session must be put on the public record. It was questionable if the confidential matters discussed should be disclosed afterwards. Keil asked if someone had a position with the city that required confidentiality and then left the city, were they still bound to maintain confidentiality? Earnhart said they were still bound, but the city didn't have employees sign confidentiality agreements. Anyone working for the city had a public duty to protect confidentiality. Earnhart said it depended on the case as to if there were any repercussions in not maintaining confidentiality. He noted it would be a difficult civil action, but possible to engage in. Other Reports,Announcements and Presentations AML Travel Report by Mayor Bardarson. The Mayor gave a brief report of her trip to Juneau on February 15-18,2016 for the Alaska Municipal League Winter Conference and legislative trip. Keil stated she and Altermatt met with representatives from Brest, France, who visited the Alaska SeaLife Center to discuss future marine collaboration. They presented the city with a glass whale tail, which she showed to everyone and gave to the clerk for display. Keil also requested everyone sing"Happy Birthday"to Council Member McClure. PUBLIC HEARINGS Resolution 2016-014, Recommending Kenai Peninsula Borough Approval Of The Spring Creek Correctional Facility Site Replat,Number 1;This Plat Vacates The Boundary Between Two Existing Parcels And Creates Two Different Parcels; Includes The Vacation Of Blanket Utility And Access Easements And Dedicates Platted Easements For Known Utilities And Accesses; Located Within The Institutional Zoning District. Motion (Keil/McClure) Approve Resolution 2016-014 City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page Long stated this concept was years in the making, and involved agencies on the city, state, and borough level. This resolution recommended a replat to facilitate transfer of title of the Spring Creek Correctional Center lands from the City of Seward to the State of Alaska Department of Corrections. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. In response to Squires, Long stated the area where the city's water tank was located did not have enough space for a second tank, but it had enough space to upgrade to a larger tank. Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS Resolution 2016-015,Authorizing The Purchase Of A Ford F-350 XL From Worthington Ford For A Net Price Of $23,352.00 Including Trade-In Of Vehicle #507 And The Purchase Of Installed After-Market Operating Equipment From Quality Equipment Sales And Service For $12,850 For A Total Project Cost Of$36,202, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2016-015 Long reminded the council that the FY 2015-2016 budget did not include any Motor Pool Fund contributions,however this purchase and a few others were allowed for purchase.Foutz stated this vehicle was discussed at the recent motor pool work session on January 11, 2016. Squires thanked Foutz for his diligence in preparing this legislation and getting value on the trade-in. This information was well prepared. Motion Passed Unanimous Resolution 2016-020,Supporting The Seward City Flag Committee To Oversee The Process Of Design, Selection, And Unveiling Of A City Of Seward Flag. (Casagranda) Motion (Casagranda/McClure) Approve Resolution 2016-020 Casagranda said at the last meeting of the Seward City Flag Committee, they nailed down some more specifics of the project and judging process. She gave a brief history of how this project came to this point. A committee was formed to bring forward an idea of creating a city flag. They decided it would be best to stage a contest similar to how the state flag was chosen,by submissions of school children.The committee would like to unveil the new flag on Seward's Founder's Day,on August 28, 2016. Casagranda felt it was great to create a project that Seward's children could tell their children about in addition to the great civic pride this would instill in the community. 142- City of Seward,Alaska City Council Minutes February 22, 2016 Volume 40, Page McClure added the committee was prepared to give out statements to announce the contest and rules. Two local art teachers were on board and were prepared to incorporate this project into their curriculums this year. The proposed submission date would be April 29, 2016. The process would involve similarities to the Alaska state flag selection,as the committee wanted to follow those historical footsteps. Long asked if there would be any costs to the city.Casagranda said there were none planned, unless the city wanted to order flags in the future. Motion Passed Unanimous Other New Business Items Schedule a work session with the Railport Development Group for May 19,2016 at 6:00 p.m. in the Library/Museum Community Room. (Bardarson) The council agreed to schedule this work session. Discuss scheduling an Executive Session to discuss Employee Overtime. (Casagranda) After much discussion,council did not direct staff to schedule an upcoming executive session on employee overtime, but directed individual council members ask their questions of administration. Discuss soliciting applications for the Cook Inlet Aquaculture Association City of Seward seat. (Keil) Council directed this discussion item come forward on the March 14,2016 agenda and directed the clerk to prepare a memorandum showing length of terms for city-related boards and commissions. Schedule a work session on potential marijuana regulations. Council scheduled this work session for Monday, March 14, 2016 at 5:30 p.m. INFORMATIONAL ITEMS AND REPORTS Letter from Mayor Bardarson to Borough Mayor Navarre, recommending the appointment of Kathy Kloster to the Health Care Task Force. COUNCIL COMMENTS Butts thanked everyone for showing up tonight. He gave his condolences to the Corrigan family and the Seward Volunteer Fire Department.Butts announced on February 25,2016 he would be telephonically attending a Kenai Peninsula Economic Development District meeting. Keil thanked Anderson and Seese for re-applying to the Planning and Zoning Commission. There was a joint council work session with all boards and commissions on February 24, 2016 at 5:30 p.m. She concluded her comments by stating sometimes suppositions turned into fact at the city, and they all needed to be careful of consequences of saying things that were not factual. 14 3 City of Seward, Alaska City Council Minutes February 22, 2016 Volume 40, Page Squires expressed his condolences to the Corrigan family,the Fire Department,the hospital, and to the volunteer ambulance corps. He also thanked Anderson and Seese for re-joining the Planning and Zoning Commission. McClure thanked everyone for the birthday wishes. She was touched by items on the agenda tonight such as the historic register of places addition and the historic awards given tonight. She expressed her deep condolences to the Corrigan family.McClure thanked council for the support of the flag project. Long said they worked with a lot of people and disagreements were not uncommon but no one was a bad person. There was a presentation earlier today by the state on budget analysis for proposed permanent fund dividend plans which was available online and worth a look. Hunt thanked everyone for their kind comments and support.It was not easy working for the city as one was targeted often. Council had a tough job in dealing with matters of the city and comments of the community. Bardarson said to be careful to be sure what was said was the truth and people knew the facts. She gave her condolences to the Corrigan family. City Clerk Johanna Kinney announced the joint work session with the Boards and Commissions would take place in the Library/Museum Community Room. CITIZEN COMMENTS Tim McDonald said he'd been watching the six community swans in the Nash Road area and reported a new one showed up recently.Regarding the Cook Inlet Aquaculture Association,there were a lot of things going on right now and it was a large board. There were some vacancies, one being a sport fishing seat. Seward needed more representation on this board. The local Fish and Game Advisory Board was against Proposition 203 and that dealt with the association's involvement in Seward.McDonald had some suggestions for the future enhancement of salmon. John French said he was the city representative for many years on the Cook Inlet Aquaculture Association. Like any nonprofit private organization, it was governed by its bylaws. CIAA had a number of elected voting seats. He added Seward was part of the CIAA because this to be part of the district managed by the Cook Inlet fishery.The seat filled by the Seward representative was a governmental seat designated from the City of Seward. Unlike the elected seats which had term lengths, the municipal seats were left undefined because they wanted the member entity to define them. So he felt the council's idea to put parameters on the term of the city seat was appropriate and up to the city. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS—None City of Seward, Alaska City Council Minutes February 22, 2016 Volume 40, Page ADJOURNMENT The meeting was adjourned at 8:53 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) 1-1 'l Memorandum �Of SE�q Date: March 14, 2016 _6, w v , .1 To: Mayor Bardarson q p, From: Johanna Kinney, City Clerk Subj: City Representation on var'• oards and Commissions Per your request, I have compiled a list of seats on various boards and commissions related to the City of Seward, showing term expirations. Council Appointments: • Historic Preservation Commission length of term. 3 years • Planning and Zoning Commission length of term. 3 years • Port and Commerce Advisory Board length of term. 3 years • Kenai Peninsula Economic Development District length of term. yearly (Upon annual council organization) • Prince William Sound Regional Citizens Advisory Council length of term. 2 years • Cook Inlet Aquaculture Association length of term. undefined* *Upon speaking with staff at the Cook Inlet Aquaculture Association, the City Clerk confirmed they do not have term expirations for their board seats, but that it was up to the agency to determine who their representative is, how long they should serve, etc. Any changes would just need to be made in writing and submitted to the association. The current holder of the City of Seward seat was appointed in June of 2011. Elected Seats: • Mayor and City Council length of term. 2 years • Borough Assembly Member length of term. 3 years • School Board Representative length of term. 3 years • Seward Bear Creek Flood Service Area Board length of term. ..3 years Other Appointments: • Borough Planning Commission length of term. 3 years (Official appointment made by Borough Mayor) Li(0 RECEIVED FEB 19 2016 OFFICE OF THE To: Mayor Bardarson, CITY CLERK Re: Letter of interest, CIAA February 18, 2016 I would like to apply for the City of Seward, Board of Directors seat on the Cook Inlet Aquaculture Association. I am presently retired, this will allow me to attend all meetings and represent the City of Seward on the Board of Directors. I was born and raised in Seward Alaska and have lived here all my life, living the last 40 plus years on Salmon Creek. As far as my work history, I have commercial fished off and on since I was a kid, fishing throughout the Gulf of Alaska and Bristol Bay for multiple species including; salmon, herring and halibut. I have owned my own business in Seward and retired from Operating Engineers, Local 302. I have seen many changes that have occurred to the commercial and sport fishing industry in and around Resurrection Bay. By sitting on this board I can utilize my knowledge with support from the citizens of Seward to facilitate and enhance Salmon fishing opportunities in this area. Sincerely, Jess E. Sweatt PO Box 811 Seward, AK 99664 (907)299-3669 1'i - aal ,a 6 Pw 1/6t)2 (}1/ Z2�%l.Gl ;;2eaL-A) 41 RECEIVED COPY FEB 2 6 2016 CITY OF SEWARD, ALASKA OFFICE OF THE APPLICATION FOR THE CITY CLERK SEWARD PLANNING AND ZONING COMMISSION NAME: / homes 360 N STREET ADDRESS: 22.7 I /I 0- ��/� �• MAILING ADDRESS: e'v 063 '2O -`3 HOME TELEPHONE: 46 -3 3 S' BUSINESS PHONE: r E-MAIL ADDRESS: r'ocz-t Sc��i;rvrJt'i e t FAX: ro. C HOW LONG IN THE CITY LIMITS OF SEWARD: ! Sy,ti PRESENTLY EMPLOYED AT: Sc.�� List any special training, education or background you have which may help you as a member of the Commission. y/ S Have you ever developed real property, other than your own personal residence? If•so, briefly describe the development: P..r /00 it /1. 1 toe/k_5„,- A b 4 /3 I am specifically interested in serving on the Planning/and Zoning Commission because: 1.4..;C-A4 1..e l t k e i r'C: iJ C!C r'c (./7�Ci/f.(/�it LQI�t��� A- ut�u� �.^s Mr(' ito1 ,en�fJ P-iry N ' — (a-ft 77 r 5 Ta Have you ever served on)r" similar commission elsewhere? es r No If so, where? emu-4f"... And when? ik:,4_4/ Are you available for meetings Tuesday evenings? If appointed, are you willing to travel: Often Occasionally )l Rarely Never Si .ture s ate La • Main Office(907)224-4050 Of sE • Police(907)224-3338 CITY OF SEWARD :,�'•' :9 • Harbor(907)224-3138 P.O. BOX 167 ? ''�.,;r4 • Fire(907)224-3445 SEWARD, ALASKA 99664-0167 P • City Clerk(907)224-4046 a� sK • Engineering(907)224-4049 • Utilities(907)224-4050 • • Fax(907)224-4038 March 15, 2016 Ms. Sarah Oates Records and Licensing Supervisor Alcoholic Beverage Control Board 550 W 7th Avenue, Suite 1600 Anchorage, Alaska 99501 RE: Supporting the Kenai Peninsula Borough's Protest of Liquor License Continuance Business Name : Terry's Fish and Chips License Type : Restaurant/Eating Place—Public Convenience License Location • 1403 Fourth Avenue, Seward License Number : 5007 Dear Sarah, You recently received an objection from the Kenai Peninsula Borough Assembly protesting the continuance of the referenced liquor license due to delinquent and unpaid taxes. Because the Kenai Peninsula Borough collects sales tax on behalf of the City of Seward, the City Council hereby supports this protest of the liquor license continuance for Terry's Fish and Chips. Please let us know if you have any questions or need any additional information from the City of Seward. Sincerely, Johanna Kinney, CMC City Clerk City of Seward, Alaska KENA1 PENINSULA E .JROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907)714-2160 • FAX: (907)714-2388 a Toll free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@borough.kenai.ak.us '''• �`° JOHNI BLANKENSHIP, MMC BOROUGH CLERK • February 25, 2016 -- Ms. Sarah Daulton Oates Records & Licensing Supervisor Alcoholic Beverage Control Board 2400 Viking Drive • Anchorage,AK 99501-1768 RE: Protest of Liquor License Continuance Business Name Terry's Fish and Chips License Type • Restaurant/Eating.Place—Public Convenience License Location • 1403 Fourth Ave., Seward License No. • 5007 Dear Sarah, • At its regularly scheduled meeting of February 23, 2016,the Kenai Peninsula Borough Assembly protested the continuance of the,referenced liquor license due to delinquent and unpaid taxes. • Should you have any questions, or need additional information, please do not 'hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk JB/bmh cc: Applicant KPB Finance Department File 50 Providence Health&Services BAL_Balance Sheet_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Entity-110 Balance Sheet(in Th Printed On 1/Print @ 2:1d PM Reported o December 2015 Printed By vedik December December December December 2015 2014 2015 2014 Actual Pr.Year Actual Pr.Year ASSETS LIABILITIES&NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalents 1,732 409 Accounts Payable 175 190 Mgmt Designated Cash&Cash Equiv. - - Accrued Compensation 763 990 Accounts Receivable 4,718 7,272 Payable to Contractual Agencies 27 0 Less:Contractual Allowance (448) (337) Deferred Revenue/Unearned Premiums 1,585 1,892 Less:Allowance for Doubtful Accounts (1,754) (1,017) Other Current Liabilities 4,901 5,454 Affiliate Receivable 33 - Total Current Liabilities 7,451 8,527 Other Receivables 109 228 Supplies Inventory at Cost 29 - Other Current Assets 27 - Long-Term Debt: Total Current Assets 4,445 6,555 Assets Whose Use is Limited: Total Other LT Liabilities 684 112 Funds Held for Long Term Purposes 200 - Assets Whose Use is Limited 200 - Total Liabilities 8,135 8,638 Property.Plant&Equipment: Property Plant Equipment Gross 448 332 Net Assets: Accumulated Depreciation (228) (196) Unrestricted (2,569) (1,839) Property Plant Equipment Net 220 136 Temporarily Restricted 12 9 Total Net Assets (2,557) (1,829) Other Assets: Other Assets 713 118 Total Liabilities and Net Assets 5,578 6,809 Total Other LT Assets 713 118 Total Assets 5,578 6,809 Providence Health&Services INC DET OPS 1EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Dept AllDepartments-AIIDepartments Detail Statement of Operations in Thousands) Printed On 1/20/16 2:16 PM Reported as of I;-cember 0 Printed By vdedik Month-To-Date Year-To-Date Actual Budget %Variance Actual Budget %Variance Pr.Year %Variance Gross Service Revenues: 162 138 17.5% AcuteCare-Inpatient 1,944 1,651 17.7% 1,138 70.7% 692 568 21.8% Acute Care-Outpatient 9,138 7,583 20.5% 7,457 22.5% 84 68 23.4% Primary Care 1,129 974 15.9% 1,105 2.2% 1,056 1,479 (28.6%) Long-term Care 13,751 17,409 (21.0%) 15,141 (9.2%) 1,994 2,253 (11.5%) Total Gross Service Revenues 25,961 27,618 (6.0%) 24,842 4.5% Revenue Deductions; 1,384 42 3,200.3% Charity Care 2,840 499 469.0% 547 419.4% (305) 461 (166.3%) Medicare Medicaid 3,867 5,551 (30.3%) 4,306 (10.2%) (465) 17 (2,884.1%) Negotiated Contracts (346) 225 (254.1%) 236 (246.7%) (640) 72 (987.5%) Other Deduction Expense 363 942 (61.4%) 826 (56.0%) (27) 592 (104.5%) Revenue Deductions 6,725 7,217 (6.8%) 5,915 13.7% 677 80 750.9% Bad Debt Deduction 1,201 955 25.8% 1,074 11.8% 1,344 1,582 (15.0%) Net Service Revenue 18,035 19,446 (7.3%) 17,853 1.0% \ (12) 7 (270.2%) Other Operating Revenue 295 182 62.0% 234 26.0% 1,332 1,588 (16.1%) Total Net Operating Revenues 18,331 19,628 (6.6%) 18,087 1.3% ] Expenses from Operations; Other Expenses from Operations: 793 783 1.3% Salaries and Wages 9,341 9,149 2.1% 9,100 2.7% 207 218 (5.1%) Employee Benefits 2,644 2,597 1.8% 2,299 15.0% 32 8 313.0% Professional Fees Expense 160 92 74.2% 172 (7.3%) 78 88 (11.9%) Supplies 978 1,061 (7.8%) 1,007 (2.9%) 189 198 (4.5%) Purchased Services Expense 2,384 2,377 0.3% 2,139 11.4% 2 2 (0.1%) Depreciation Expense 32 32 (0.1%) 22 43.8% - 2 (100.0%) Interest and Amortization - 18 (100.0%) 69 (100.0%) - - - Taxes and Licenses 2 11 (85.3%) 15 (88.8%) 64 65 (1.3%) Other Expenses 873 779 12.2% 856 2.0% 1,364 1,363 0.1% Other Expenses from Operations 16,413 16,114 1.9% 15,679 4.7% 1,364 1,363 0.1% Total Operating Expenses 16,413 16,114 1.9% 15,679 4.7% (32) 225 (114.3%) Excess of Rev Over Exp from OPS 1,918 3,514 (45.4%) 2,408 (20.4%) (32) 225 (114.3%) Excess of Rev Over Exp 1,918 3,514 (45.4%) 2,408 (20.4%) Other Activity-Unrestricted (2,648) (2,863) (7.5%) Increase(Decrease)in UR Net Assets (730) (455) 60.5% Providence Health&Services EAL 110-PROVIDENCE SEWARD MED CENTER-MGD CF_CASHFLOW STM Actuaal l YTD YTD Statement of Cash Flows(in Thou . 1 ds) Printed On 1/20/16 @ 2:16 PM Reported as of ,• ember 2015 Printed By vdedik December December December December 2015 2014 2015 2014 Operating Activities: Financing Activities: Change in Net Assets (728) (454) Interdivision Transfers and Other (2,648) (2,863) Adjustments to Reconcile Net Cash Provided Net Cash Provided by Used in Fin Act (2,648) (2,863) by Operating Activities Depreciation 32 22 Increase(Decrease)in Cash&Cash Equiv. 1,322 348 Provision for Bad Debts 1,201 1,074 Net Real/Unreal Gains Losses on Invest 0 0 Cash and Cash Equiv-Beginning of Period 409 61 Net Assets Cont/Assumed and Other 2,648 2,863 Changes in Certain Current Assets/Liab 1,040 (530) Cash and Cash Equiv-End of Period 1,732 409 Increase Decrease in Other Liabilities 572 (137) Net Cash Provided by Used in Op Act 4,765 2,837 Supplemental Disclosure: Investing Activities: Cash Paid for Interest Net of Capital - 69 Proceeds on the Sale of Investments (200) 238 FM Increase Decrease in Other Long-Term Assets (595) 136 Net Cash Provided by Used in Inv Act (795) 374 Providence Health&Services BAL_Balance Sheet_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Entity-110 Balance Sheet(in Thousands Printed On 2/17/16©11:40 AM Reported as o nuary 261-6- Printed By vdedik -6 January December January December 2016 2015 2016 2015 Actual Pr.Year Actual Pr.Year ASSETS LIABILITIES&NET ASSETS . Current Assets: Current Liabilities: Cash and Cash Equivalents 1,202 1,732 Accounts Payable 172 250 Mgmt Designated Cash&Cash Equiv. - - Accrued Compensation 852 763 Accounts Receivable 5,380 4,718 Payable to Contractual Agencies 65 27 Less:Contractual Allowance (553) (448) Deferred Revenue/Unearned Premiums 1,585 1,585 Less:Allowance for Doubtful Accounts (1,603) (1,754) Other Current Liabilities 4,829 4,868 Other Receivables 111 109 Total Current Liabilities 7,503 7,493 Supplies Inventory at Cost 35 29 Other Current Assets - 27 LA. Total Current Assets 4,572 4,412 Long-Term Debt: _-r.,_ Assets Whose Use is Limited: Funds Held for Long Term Purposes 194 200 Total Other LT Liabilities 686 684 Assets Whose Use is Limited 194 200 Total Liabilities 8,189 8,177 Property.Plant&Equipment: Property Plant Equipment Gross 448 448 Accumulated Depreciation (230) (228) Net Assets: Property Plant Equipment Net 218 220 Unrestricted (2,502) (2,644) Temporarily Restricted 18 12 Other Assets: Total Net Assets (2,484) (2,632) Other Assets 721 713 Total Other LT Assets 721 713 Total Liabilities and Net Assets 5,705 5,545 Total Assets 5,705 5,545 Providence Health&Services INC DET_OPS 1EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Dept AllDepartments-AllDepartments Detail Statement of Operation mow --ands) Printed On 2/17/16 @ 11:40 AM• Reported as o Printed By vdedik Month-To-Date Year-To-Date Actual Budget %Variance Actual Budget %Variance Pr.Year %Variance Gross Service Revenues; 169 137 23.0% Acute Care-Inpatient 169 137 23.0% 87 94.5% 897 641 39.9% Acute Care-Outpatient 897 641 39.9% 752 19.4% 135 70 92.4% Primary Care 135 70 92.4% 69 95.7% 1,026 1,169 (12.3%) Long-term Care 1,026 1,169 (12.3%) 1,309 (21.6%) 2,227 2,018 10.3% Total Gross Service Revenues 2,227 2,018 10.3% 2,216 0.5% Revenue Deductions; 108 45 139.7% Charity Care 108 45 139.7% 72 50.8% 497 464 7.1% Medicare Medicaid 497 464 7.1% 420 18.4% 11 15 (29.4%) Negotiated Contracts 11 15 (29.4%) 12 (13.3%) 52 97 (46.1%) Other Deduction Expense 52 97 (46.1%) 63 (16.9%) 668 621 7.5% Revenue Deductions 668 621 7.5% 567 17.9% (115) 80 (243.8%) Bad Debt Deduction (115) 80 (243.8%) 103 (211.3%) r� 1,674 1,317 27.1% Net Service Revenue 1,674 1,317 27.1% 1,546 8.2% `vim` 9 14 (34.3%) Other Operating Revenue 9 14 (34.3%) 1 515.9% v ` 1,683 1,331 26.4% Total Net Operating Revenues 1,683 1,331 26.4% 1,548 8.7% Expenses from Operations; Other Expenses from Ooerations: 780 808 (3.5%) Salaries and Wages 780 808 (3.5%) 711 9.7% 218 241 (9.9%) Employee Benefits 218 241 (9.9%) 200 8.9% (1) 27 (105.5%) Professional Fees Expense (1) 27 (105.5%) 27 (105.5%) 73 85 (14.3%) Supplies 73 85 (14.3%) 59 25.2% 160 179 (10.5%) Purchased Services Expense 160 179 (10.5%) 202 (20.6%) 2 2 - Depreciation Expense 2 2 - 3 (26.9%) - - - Taxes and Licenses - - - - - 109 56 94.0% Other Expenses 109 56 94.0% 89 23.2% 1,341 1,400 (4.2%) Other Expenses from Operations 1,341 1,400 (4.2%) 1,290 3.9% 1,341 1,400 (4.2%) Total Operating Expenses 1,341 1,400 (4.2%) 1,290 3.9% 342 (68) (599.8%) Excess of Rev Over Exp from OPS 342 (68) (599.8%) 258 32.7% 342 (68) (600.0%) Excess of Rev Over Exp 342 (68) (600.0%) 258 32.7% Other Activity-Unrestricted (200) (248) (19.3%) Increase(Decrease)in UR Net Assets 142 10 1,353.8% Providence Health&Services CF_CASHFLOW_STMT EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Actual YTD Statement of Cash Flows in sands) Printed On 2/17/16 @ 11:41 AM Reported as anuary 201 Printed By vdedik January January January January 2016 2015 2016 2015 Operating Activities: Financing Activities: Change in Net Assets 106 10 Interdivision Transfers and Other (200) (248). Adjustments to Reconcile Net Cash Provided Net Cash Provided by Used in Fin Act (200) (248) by Operating Activities Depreciation 2 3 Increase(Decrease)in Cash&Cash Equiv. (530) 2,032 Provision for Bad Debts (115) 103 Net Real/Unreal Gains Losses on Invest 0 0 Cash and Cash Equiv-Beginning of Period 1,732 409 Net Assets Cont/Assumed and Other 200 248 Changes in Certain Current Assets/Liab (523) 2,164 Cash and Cash Equiv-End of Period 1,202 2,441 Increase Decrease in Other Liabilities 2 2 Net Cash Provided by Used in Op Act (327) 2,531 Supplemental Disclosure: Investing Activities: Proceeds on the Sale of Investments 6 (248) FM Increase Decrease in Other Long-Term Assets (8) (3) Net Cash Provided by Used in Inv Act (3) (251) CiN IS March 2 016 March 2016 Th April 2016 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Feb 29 Mar 1 2 3 4 6:00pm P&Z;Bear Cref 12:00pm PACAB Mtg 7:00pm P&Z WS;City i of N _o U- 7 8 9 10 11 N 1 15 16 17 18 5:30pm CC WS;Sewarc 6:00pm P&Z WS 12:00pm PACAB Work S co 7:00pm CC Mtn, 6:30pm HP Mtg;HP W 2 21 22 23 24 25 I N N--1 N 10 2 28 29 30 31 Apr 1 I Audit;Council Chambel Audi • • acil Chambej ILAudit;Council ChambbJ Audit;Council Chambe LSeward's Day;Offices: 7:OOpm CC Mtg a 00 N IC 2 Nanci Richey 1 3/8/2016 1:44 PM • April 2016 May 2016 April 2016 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursday Friday Mar 28 29 30 31 Apr 1 Audit;Council Chambe a Q Co N 4 5 6 7 8 i1 Audit;Council Chambel ! Audit;Council Chambel Li Audit;Council Chambe I Audit;Council Chambej [I Audit;Council Chambe 7:00pm P&Z Mtg;City 12:00pm PACAB Mtg;Li a Q 12 13 14 15 7.,:00pm CC Mtg r4 a 18 19 20 21 22 f1:00pm KPB Assembly', 12:00pm PACAB Work S �6:OO�p ri P&Z WS N N 00 a Q 26 27 28 29 7:00pm CC Mtg N N a Q Nanci Richey 1 3/8/2016 1:44 PM