Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08242020 City Council Packet
Seward City Council Agenda Packet Monday, August 24, 2020 City Council Chambers Beginning , 00 PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT AUGUST 24, 2020 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, August 24, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony has been created. On the August 24 agenda, there will be THREE (3) public hearing items. If you wish to provide testimony about a public hearing item, you MUST do that during the public hearing testimony, NOT during citizen comments. For ALL OTHER TOPICS, this is done during citizen comments. Please indicate whether you want to speak during the FIRST citizen comments, one or more of the public hearings, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS or PUBLIC HEARING TESTIMONY 1. Email your WRITTEN comments to clerkgcityofseward.net no later than 2:00 p.m. on Monday, August 24, 2020. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email,please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 2:00 p.m. on Monday, August 24, 2020. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both; or, the PUBLIC HEARING items. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk—if you do not receive this email, please call the clerk at 224-4045. • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting August 24, 2020 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Sharyl Seese signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total speaking time for this agenda item.] Term Expires 2021 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval John Osenga of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. Council Member In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2021 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Vacant Council Member A. Proclamations and Awards —None Term Expires 2022 B. City Manager Report ....................................... .... Pg. 4 Tony Baclaan Council Member C. City Attorney Report .......................................... Pg. 12 Term Expires 2022 D. Other Reports and Announcements [Reports must be submitted to Julie Crites the city clerk no later than noon on the Tuesday preceding the Monday Council Member meeting for inclusion in the packet.Five(5) minutes speaking time will be Term Expires 2020 allowed for each report.] 1. Chamber of Commerce Report ........................ Pg. 14 2. Seward Community Health Center Quarterly Report by Craig Ambrosiani Scott Meszaros City Manager E. Presentations—None Brenda Ballou City Clerk Brooks Chandler City Attorney City of Seward, Alaska Council Agenda August 24, 2020 Page I 1 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.] A. Ordinances for Public Hearing and Enactment 1. Emergency Ordinance 2020-010, Temporarily Adopting City Council Emergency Regulations Ordering The 50% Capacity Of City-Owned Campgrounds, Prohibiting Gatherings Of More Than 20 Persons, Requiring Facial Coverings Inside Buildings Open To The Public, And Limiting Eating Establishments, Bars, And Retail Stores To 75% Capacity Indoors In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. ........................ .................................... Pg. 16 B. Resolutions Requiring Public Hearing 1. Resolution 2020-064, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 4, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording District, Third Judicial District, State Of Alaska. ... ... ... ... ... ... ... Pg. 24 2. Resolution 2020-065, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 5, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Plat No. 97-27 Seward Recording District, Third Judicial District, State Of Alaska. ... ... ........ ... ... .. Pg. 62 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2020-011, Amending The Zoning Designation Of Lots 3, 4-5 And N1/2 Lot 6 Block 16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business District (CB). ......................................................... Pg. 100 B. Resolutions 1. Resolution 2020-066, Accepting The "Fiscal Year 2020 Assistance To Firefighters Grant Program — COVID-19 Supplemental (AFG-S)" From The U.S. Department Of Homeland Security In The Amount Of$14,491.43, And Approving The 5% Matching Amount Of $724.57 From The Seward Volunteer Firefighter Operating Supply Account Per Grant Requirements, And Appropriating Funds. ..................... Pg. 127 *2. Resolution 2020-067, Authorizing The City Manager To Enter Into A Contract With Dude Solutions, Inc. For An Online Business License, Permit, And Inspection Portal In The Amount Of $23,134.78, And Appropriating Funds .................................................................................................... Pg. 156 3. Resolution 2020-068, Authorizing The City Manager To Replace Utility Line Vehicle Unit 502 With The Purchase Of A 2020 Ford-250 4x4 SD Crew Cab From Kendall Ford Fleet Using The State Of Alaska Procurement Process For Competitive Bidding In The Amount Of$40,640, And Appropriating Funds. ............................ Pg. 189 City of Seward, Alaska Council Agenda August 24, 2020 Page 2 2 *4. Resolution 2020-069, Authorizing The City Manager To Enter Into A Professional Services Contract With The Financial Engineering Company, To Prepare A Rate Study For The Electric Enterprise Fund For An Amount Not-To-Exceed $40,000, And Appropriating Funds. ............................................................. Pg. 207 5. Resolution 2020-070, Approving The 2021 Grant Year Budget For The Seward Community Health Center (SCHC) As Required By The Co-Applicant Agreement Between The City Of Seward And The SCHC. ....................................... Pg. 218 6. Resolution 2020-071, Approving The Memorandum Of Agreement (MOA) Between The Alaska Railroad Corporation (ARRC) And The City Of Seward, Authorizing The City To Reimburse ARRC For Up To $396,275 In Costs Arising From The Mitigation Of COVID-19 At The Cruise Ship Terminal And Dock Using Grant Funds Awarded To The City Through A Designated Legislative Grant For COVID-19 Mitigation And Reimbursement. ...................................................... Pg. 225 7. Resolution 2020-072, Accepting Three Grants In The Total Amount Of $724,018 From The Coronavirus Preparedness And Response Supplemental Appropriations Act Under The U.S. Health Resources And Services Administration (HRSA), For The Mitigation Of COVID-19 Effects At The Seward Community Health Center (SCHC), And Appropriating Funds. ............................................................. Pg. 237 8. Resolution 2020-073, Approving A Five-Year Lease Agreement Between The Seward Community Health Center, Inc. (SCHC) And The City Of Seward Beginning On August 24, 2020 And Ending September 30, 2025. ................................ Pg. 252 *9. Resolution 2020-074, Authorizing The City Manager To Enter Into A Contract With Coldfoot Environmental Services Inc. For The Hazardous Material Removal, Salvage Of Materials, And Site Demolition, At The Site Of The Jesse Lee Home Located At Jesse Lee Heights Subdivision Addition No 4 Lot 15A And 15B City Of Seward In The Amount Of$484,940 Plus A 10% Contingency, And Appropriating Funds. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Pg. 257 C. Other New Business Items *1. Approval of the August 10, 2020 City Council Regular Meeting Minutes. .... Pg. 293 *2. Appoint Katrina Counihan as the city's representative to the Cook Inlet Aquaculture Association for a term to expire in May, 2022. ..................................... Pg. 301 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. July, 2020 City and Providence Financials ...................................... Pg. 302/354 It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Per SCC 2.10.030 (b) (2), go into executive session to discuss matters involving the working relationship between the City Manager and the City Clerk, which if discussed in public could tend to prejudice the reputation of a person. 14. ADJOURNMENT City of Seward, Alaska Council Agenda August 24, 2020 Page 3 3 CITY OF SEWARD Scott Meszaros P.O. BOX 167 Ph: (907) 224-4047 SEWARD,AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT AUGUST 24, 2020 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 8/04/2020 Public Works Water line engineering $9,800 8/04/2020 Parks and Rec PARKS playground slide $10,300 and maintenance 8/4/2020 Jail Security camera for jail $10,500 8/13/2020 Public Works Design cost estimate for $7,400 Heat Loop Project FINANCE • With the approval of RES 2020-063, we will continue the process of refunding the 2011 Library/Museum bond. Final pricing will occur mid-September with a tentative closing date scheduled the first week of October. Acting Finance Director received updated numbers after the resolution passed showing an increase in savings from 11% to 12.9%for a total projected NPV savings of$327,135 over the remaining life of the bond. Since this transaction depends on the market, we will not know realized savings until final pricing in mid-September. Finance will notify Council of final numbers at that time. • Acting Finance Director is working with our contracted CPA consultant to finalize the transmittal letter and Management Discussion & Analysis for the 2019 CAFR. Staff is finalizing the statistical section of the CAFR. Once these three pieces are complete, Altman Rogers will finalize the CAFR for printing, at which point we will schedule a work session with Council to review the 2019 financial statements. We appreciate Council's patience; the delay primarily due to COVID, staff turnover and vacancies. • Since this year is an off-year for budget, staff will be spending the fall and winter months cross-training, catching up on workload, and completing projects that have been on the to-do list for some time. CITY PERSONNEL TRANSACTIONS Separations: Department: Date of Separation: Harbor Worker II Harbor 08/16/2020 New Hires: Department: Date of Hire: Accounting Tech II(Internal Promotion) Finance 08/07/2020 Building/Fire Inspector Fire 08/17/2020 Assistant City Manager Administration 08/17/2020 4 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 1/27/2020 Recreation Assistant SPRD Advertising Since 2/24/2020 Harbor Admin Assistant Harbor Advertising Since 4/24/2020 Finance Director Finance Advertising Since 4/28/2020 Police Dispatcher Police Advertising Since 5/29/2020 Manager Electric Utility Administration Advertising Since 6/11/2020 Campground Coordinator SPRD Advertising Since 6/22/2020 Harbor Worker II Harbor Advertising Since 8/10/2020 Accounting Tech I Finance Advertising Since 8/10/2020 Available Seasonal Positions: Department: Position Status: None HARBOR • EXCITING NEWS from JAG: JAG Alaska— Seward Shipyard was officially awarded the USNS Sioux (T-ATF 171) contract. The vessel will come dockside at our Seward Shipyard 5-OCT to 5-DEC. This is the first major vessel repair from the NAVY in Seward, and to the best of our knowledge, in Alaska. We are very excited because we have been working on a bill to expand NAVY work up into Alaska for the last year. We do have a lot of preparation to meet the MSC/NAVY requirements on the services side, additional office space, high speed internet (Trenching fiber in...), security, etc.... so we'll be working on meeting those requirements prior to the vessel arrival. It is a public award, so I will pass the value of the contract along: $4.2M base, $5.5M inclusive of options. This job has 87 work items, utilizing nearly 10,000 man-hours, so with the other vessels already locked in for this time-period, we expect to add approximately 32 additional employees here in Seward as a result of this award, along with a host of MSC team members, the ship's crew, technical reps and subcontractors. • The entire crew is working while also adjusting to COVID-19 issues/mandates • The 50-ton lifts have picked up • The 330-ton cables are picking up as well as the season is coming to an end for some of the larger vessels. Currently, we have an estimated four-day wait list to get lifted into the SMIC yard. • There is a shortage of yard space for vessels currently on the harbor side of the bay. This is due to COVID-19 and other issues. We are trying to work with vessel owners to assist them the best we can. • The crew is cleaning lots at SMIC. This will take time to complete, but we are making progress. • There is a public notice by the fish cleaning station stating that every other hose has been removed to support social distancing. There have not been any issues. 5 • The Salmon Derby was successful • The US Coast Guard contacted us about location and designs for the new FRC at SMIC. We are currently looking at three different concepts. More information to come later. • We have upgraded to new software and are still running parallel, though we are working through some minor issues. • The Harbormaster has submitted the 2022 Municipal Facility Grant to replace G, K and L-float. Once again, thank you to council for approving the resolution so the harbor may pursue the related grant. We have not received any responses yet. • The dumpsters approved in Resolution 2020-029 have been ordered. Two have arrived and are located at B and D Float. The remaining dumpsters should be shipped soon. See photo below. • A questionnaire/proposal with EVOSTC for a wash-down pad located at the 50-ton area was submitted. We have not received any responses yet. w IP" 4,,.. """'t PARKS & RECREATION MISSION Preserve, improve, and promote the city's natural resources,parkland, and recreational opportunities for current and future generations. 6 COVID-19 Response: • Protective health measures remain in effect for all facilities. • Campground capacity is limited to 50%. • Campsites are available by online reservation only with the exception of Spring Creek which is first come,first served. • Pavilions and ball fields are available for online reservation through RecDesk. • All in person programs and events are cancelled until further notice. • In coordination with AVTEC, the gym (aka Student Services Center) is closed to the public. UTILIZATION: July 30 —August 13 Campground Rentals 1355 Pavilion Rentals 9 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 tent and RV campsites. Visit Campspot via our campground's page to check site availability and to reserve your site today: htlps://www.cilyofseward.us/departments/parks-recreation/campgrounds SPORTS & RECREATION Sports &Rec @AVTEC Gym Seward Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement. Visit RecDesk to view the activity calendar, register for a gym membership, and more: htlps://seward.recdesk.com/Communily/Home PARKING A daily pass or seasonal permit is required in order to park in designated municipal lots from May 1 - September 30. Choose from three easy ways to pay: Daily Parking • PayByPhone Mobile App • Pay station located at each lot. Seasonal Permit Seasonal permits can be purchased online through RecDesk htlps://seward.recdesk.com/Communiiy/MembeEs,hip ELECTRIC • We have engaged Engineering Power Systems (EPS) to provide engineering services to work on open job orders. This will allow our lineman to hook up new services. Over the last 2 weeks, we have been able to get several homes and businesses hooked up to power and even more electrical services designed. Though our goal was to have the backlog cleared by the end of July, there is hope everything will be moving within the next two weeks. Several new service requests are awaiting customer meter box installs and some requests have been put on hold do to the current economic conditions. • The Fort Raymond power plant controls system for unit 6 started work on Monday, August 101h. The actual installation should be completed by Saturday, August 151h. The contractor will start the system commissioning August 17 '. • We held an all-hands meeting of Friday, August 141h and covered activities within the City of Seward and the Electric Shop. We plan to paint the fuel tanks at Fort Raymond and clear out its substation and surrounding area of all brush as well. The generation building at Fort Raymond has developed leaks, and we intend to get that repaired before the snow flies. • The Battle Creek Project at the Bradley Lake Hydro facility achieved substantial completion on July 22"d 2020. The first flows of water through the Battle Creek Project pipeline started on that day too. Additional finish work will take place over the next two months at which time the project should achieve its final completion status. SEWARD COMMUNITY LIBRARY & MUSEUM 100% Committed to Serving Seward Safely! No additional changes to modified hours or services as of 8/14/20. Hours & services are subject to change as the situation changes and staff capacity. Website is kept updated: www.cityofseward.us/libmus LIMITED SERVICES BY WALK IN, CURBSIDE DELIVERY OR RESERVATION Modified Open Hours for Limited Services • Library: Wed-Sat, llam-5pm. • Museum: Wed-Fri, 1-5pm and Sat, llam-5pm. • Last reservation at 4pm. Strict COVID-19 mitigation followed by staff and the public. • Universal Face Coverings • No COVID-19 Symptoms • Social Distancing • Hygienic Practices • Disinfecting Protocols No Passport Appointments • Passports appointments are not available at this time due to limitations of the US Department of State and the Seattle Passport office. A tentative projection for resuming passport appointments is mid- September. Please call 907-224-4082 with questions or to get on our waiting list. 8 • Passport Mail Services are significantly delayed for renewals, name/data changes, and applying for a card or book if you already are in possession of one of those documents. The return of your citizenship documents will also be delayed much longer than usual. Expedited service is not available. Do not submit the $60 expedite fee until further notice. • Visit travel.state.gov/content/travel/en/traveladvisories/ea/passport-covid-19.html for COVID-19 specific updates regarding US passports. Passport help information online and via phone can be found at travel.state.gov/content/travel/en/passports/passport-help.html. • Note, regarding domestic travel and the REAL ID according to the US Department of State Passport Operations in Response to COVID-19 webpage: "Due to the COVID-19 pandemic, the Department of Homeland Security (DHS) extended the deadline for REAL ID by one year until October 1,2021. Beginning in October 2021, DHS will require customers to use a REAL ID to fly domestically. The most common REAL ID is a state-issued driver's license. A U.S. passport book and passport card are two of many alternative documents that customers can use to fly domestically if they do not have a state- issued REAL ID." 2020 CENSUS PROMOTION Wednesday,August 19,while supplies last A Partnership with the Seward Chamber of Commerce Stop by the Seward Community Library Museum and use one of our three public access computers to take the census • The first 50 people who complete the online Census at the library and print out their confirmation page will receive a gift card for $5 to Subway A special Thank You to the Chamber of Commerce for providing the gift cards! Special limited supply of Craft/Activity Kits will be available with age-appropriate crafts New Museum Window Display Rockwell Kent's Wilderness and Adventure on Fox Island The Seward Community Library & Museum is excited to announce a new window display all about American artist and author Rockwell Kent's book Wilderness:A Journal of Quiet Adventure in Alaska. Kent's book celebrates 100 years since its original publication in 1920. The display, titled"Wilderness: An Adventure on Fox Island", brings together quotes and illustrations from the book with historical photographs of Kent and his son from their time in Resurrection Bay during the winter of 1918. The display highlights Kent's masterful prose and representational art to present a picture of the idyllic artistic lifestyle Kent aspired to. Special thank you to Doug Capra, local historian, for his help in creating this exhibit and loaning the Museum three different editions of Kent's book Wilderness to display. His knowledge of Rockwell Kent's life and his collection of Kent paraphernalia have been invaluable. See picture below. 9 4� t` Please note we have implemented temporary modifications to our museum visits with COVID-19 mitigations. 2020-21 Battle Books Ready! We're happy to support the Alaska Battle of the Books sponsored by the Alaska Association of School Librarians and organized by local school teachers in our schools. The 2020-21 Battle of the Books selections for grades 3/4, 5/6 and Middle School age groups are ready to be checked out. All 32 ebook titles are also available on the Alaska Digital Library to Seward regular library card holders. Learn more about this statewide program at www.akasl.org/battle-of-the-books.html VIRTUAL SUMMER READING CHALLENGE FOR ALL AGES UPDATE 2020 Theme: Dig Deeper! Our Summer Reading Challenge ends Saturday, August 15, our final week of registrations has us at 238 participants (156 participants in 2019!): • 56 children ages 0-5 • 110 children ages 6-17 • 72 adults age 18 and up • As of August 13, our community has read a total of 117,600 minutes! (92,880 minutes in 2019) • 72 Participants have completed the challenge! • Prize bags are available while supplies last for those who turn in all 6 reading logs as a reward for completing 24 hours of reading! MINI VIRTUAL STORY TIMES Fridays llam - 11:15am Join us on Facebook Live on Fridays: https://www.facebook.com/Seward.Communiiy.Library.Museum 10 • Watch the recorded video on our Vimeo channel: https://vimeo.com/sewardlibraiymuseum • Mini Story Times last approximately 10-15 minutes including songs, a rhyme/fingerplay, and of course, a story! FALL TAKE HOME KITS 2na & 4" Saturdays September 121h & 2611 Our Summer Reading Challenge Craft kits have been so popular, we are continuing them into the fall! The 2nd & 41h Saturday of the month, new craft kits will be available to pick up while supplies last! If you wish to reserve kits for your family, email alyongcityofseward.net COMMUNITY BOOK CLUB Saturday, October 17, 1lam-Noon, online via Zoom Find the Good by Heather Lende, the 2020 Alaska Reads selection, will kick off our first virtual book club program which also takes place during Alaska Book Week! Email alyongcityofseward.net for an invitation to join our lively online discussion. Books will be available mid-September! 11 BOYD, CHANDLER,FALCONER & MUNSON, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com August 14, 2020 Mr. Scott Meszaros City Manager City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear Scott: This is our initial status report covering activity on legal matters since August 1. File Transfers Transfer is substantially complete with the latest electronic files received on August 12. We have also received 7 boxes of historical materials which will be transported to Seward for archiving as needed. COVID 19 Matters We reviewed an MOA between the City and ARRC for use of state grant funds for virus mitigation efforts at the cruise ship dock and suggested language changes. We advised the City Clerk on extension of emergency ordinance 2020-09. Jesse Lee Home We reviewed the history of the purchase and sale agreement. Although not completed as of the date of this report, an analysis of title to the property, and options for demolition and hazardous material abatement will be completed prior to the August 24 meeting. Given the potential for a title dispute to result in litigation this will be labeled as a confidential attorney 12 Mr. Scott Meszaros August 14, 2020 Page 2 client communication. Rezoning Ordinance We reviewed an ordinance amending two parcels of property from multi-family residential to commercial. This was a review for"form" only. You can expect to receive our next status report by September 18. All of us at BCFM appreciate the opportunity to be of service to the residents of Seward and thank the City Council for its confidence in our firm. Very truly yours, BOYD, CHANDLER, FALCONER, & MUNSON LLP M-ko ca,,_ By: Brooks W. Chandler 13 Chamber of Commerce — Executive Director Report (report submitted August 18, 2020) *NOTE: I apologize in advance for this not being as comprehensive a report as normal. The last two weeks have been consumed by the Salmon Derby. Please feel free to ask questions about anything not on this report during the call. Budget/Finances: The ATIA EDA Grant was reduced significantly from $30 million to about $3 million (emailed previously in regards to this). We may be getting a small amount of money from that at some point and time. This is definitely a pretty blow to ATIA. Visitor Services: The visitor Center is open during the week from 9am — 4pm and on the weekends from 10am — 4pm. Things are slowing down pretty significantly. We are getting a number of day trippers down from Anchorage who want to go out to eat. I believe that things will be slowing down significantly now that the derby is over. Upcoming items of interest: 8/27 — Kenai Peninsula Tourism Marketing Council Board Meeting Events: SSSD Thank you to all of our partners and volunteers who made this year's derby possible! The Derby went well. I feel like the fact that we were able to hold it was a success in and of itself. Attendance was down a bit. We had a total of 1800 participants, which was about 43% of last year. The fishing was really slow / hard and we had a couple of weather days that didn't help. About 1/3 of the fish were caught (both in numbers and pounds) from previous years. The derby software was a game changer (as we expected) for how much time and effort it saved us as well as allowing for over 90% of purchasing. The new fish boxes that Catalyst made were a big hit as well. MEMBERSHIP REPORT: • Total Active Members: 392 • Dropped: (3) o Hung Tough Nets - changed membership to Stray Goose o Spenards Building Supply - closed o Amanda Joy Healing - not in business this year • New Members: o Seward Area Hospice (non-profit) o Coho Joe's Dockside Coffee (classic 1-4) o Stray Goose Studios (classic 1-4) (switch from Hung Tough Nets) o Seward Outdoor Store (classic 1-4 2nd business) o Seward Senior Activity Center (non-profit) o Sunny Cove Kayaking - NEW ECONOMIC DEVELOPMENT PARTNER! • Prospective/Processing Members: o Mermaid Grotto Cafe Page 1 14 o A to Z Construction Services o Seward Industrial o Seward Shuttle Service o Anchor and Summit Wellness o Fish Seward Alaska • Summer Virtual Learning Series (curriculum driven by 2020 Member survey) o TwoSix Digital - May o Grow with Google - June o MSI Communications - August o RISQ Consulting - September • Member Support & Communications o Seward CARES Act - Q&A Webinar -Wednesday, August 19@ 2pm • Simpleview/CRM o Membership renewal drive - successful online and mailout campaign • Seward Silver Salmon Derby o Successful membership support - sponsorship and volunteer meals • Special Projects o Branded buffs/PPE for local businesses - Seward, AK branded buffs arriving next week - partnering with KFT, MMT, & Miller's o Census 2020 - Partnership with Seward Community Library - Using Alaska Counts mini-grant to provide $5 Subway gift cards to first 50 participants Communications Report: • Instagram • We reached 10,000 instagram followers! Meaning we'll soon be a `verified account' and have the ability to add links to our social stories • Added social media value for members • Added functionality for chamber • Great work on Bethany's part, keeping participation and engagement high! • Website: • Seward.com traffic down 20%, but duration on site remains steady above 2 minutes. • Salmon.seward.com traffic up 764% ! Over 8,000 individual sessions in the past 30 days. • Facebook • Followers, engagement and views continue to increase on Facebook! • Still not publishing any Facebook ads, but continue to see an organic and engaging community • Visitor Guide/Promotion • Janessa is continuing to capture photos for the VG over the course of the summer while she works on other projects in our town (bringing popular brands in to shoot on location in Seward and surrounding area!) • Starting conversations about VG numbers and layout • Press: • https://www.adn.com/outdoors-adventure/fishing/2020/08/17/small-fish-still-worth-a-big-payday- for-seward-silver-salmon-derby-winner/ Page 2 15 Sponsored by: Mayor Terry &Vice Mayor McClure Introduction Date: August 24, 2020 Public Hearing Date: August 24, 2020 Enactment Date: August 24, 2020 CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-010 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY ADOPTING CITY COUNCIL EMERGENCY REGULATIONS ORDERING THE 50% CAPACITY OF CITY-OWNED CAMPGROUNDS, PROHIBITING GATHERINGS OF MORE THAN 20 PERSONS, REQUIRING FACIAL COVERINGS INSIDE BUILDINGS OPEN TO THE PUBLIC, AND LIMITING EATING ESTABLISHMENTS, BARS, AND RETAIL STORES TO 50% CAPACITY INDOORS IN RESPONSE TO THE RAPID INCREASE IN COVID-19 CASES WITHIN THE CITY OF SEWARD WHEREAS, the United States Center for Disease Control and Prevention ("CDC") has identified COVID-19 as a significant public risk; and WHEREAS, on March 11, 2020, Governor Dunleavy issued a declaration of public health disaster emergency in response to the anticipated outbreak of COVID-19 within Alaska's communities; and WHEREAS, City Council also declared a local emergency as a result of the COVID-19 outbreak; and WHEREAS, on April 9, 2020, President Donald J. Trump declared that a statewide emergency exists in Alaska; and WHEREAS, the City of Seward experienced a sudden and substantial increase in COVID-19 positive cases the end of June and additional regulations with Emergency Ordinance 2020-008 was approved in response; and WHEREAS, since that time, positive cases have slowed but continue to be higher than desired and demonstrate on-going spread of COVID-19 throughout the Seward Community; and WHEREAS, City Council finds continuing the temporary implementation of social distancing regulations necessary to preserve the public health and safety and slow the spread of COVID-19 within Seward's borders while the City Administration and its medical providers increase healthcare, medical care, and COVID-19 testing capacities; and WHEREAS, according to the CDC, large in-person gatherings where it is difficult for individuals to remain spaced six feet apart and attendees travel from outside the local area pose the highest risk of COVID-19 transmission; and 16 CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-010 WHEREAS, The World Health Organization indicated in a scientific brief published March 29, 2020 that COVID-19 is spread primarily by respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the CDC recommends wearing face coverings in public settings where other social distancing measures are difficult to maintain and acknowledges that a significant portion of individuals with coronavirus are asymptomatic but can still spread COVID-19 to others; and WHEREAS, requiring individuals to comply with federal and state medical guidance regarding facial coverings and additional social distancing restrictions is necessary to preserve public health and safety during the COVID-19 pandemic; and WHEREAS, the City acknowledges the importance of every individual's constitutional right to privacy and due process, but finds the regulations included in this Ordinance to be narrowly tailored, both in duration and scope, to preserve these constitutional rights while protecting the public from an immediate threat to life and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Emergency Declaration. Pursuant to SCC 2.15.040, Council declares that a state of emergency continues to exist that requires immediate action by Council to preserve public health, welfare, and safety of the Seward community and protect it from the spread of COVID-19. Section 2. City Council Emergency Regulation No. 2. Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation No. 2: Council Emergency Regulation No. 2: Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 17 CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-010 2. Individuals are eating or drinking in compliance with State of Alaska public health mandates. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. Section 3. City Council Emergency Regulation No. 3. Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation No. 3: Council Emergency Regulation No. 3: All City-owned campgrounds shall be not more than 50% capacity for recreational camping purposes. The City will not take additional reservations over 50% capacity. City-owned campgrounds may remain open for use by Seward area workers and employees. Section 4. City Council Emergency Regulation No. 4. Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation No. 4: Council Emergency Regulation No. 4: All in-person gatherings of 20 or more individuals are prohibited within the City. This excludes gatherings governed by Council Emergency Regulation No. 5 and gatherings for the purpose of exercising Constitutional rights. Section 5. City Council Emergency Regulation No. 5. Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation No. 5: Council Emergency Regulation No. 5: All eating and drinking establishments, including restaurants, bars, ice cream and specialty food shops, all retail stores, all tours, including sightseeing and ecotourism operations, and all places of worship, shall limit indoor seating capacity to ten (10) people, or no more than 50% of maximum capacity, whichever is greater. Section 6. Council Emergency COVID-19 Regulations Commentary. Council hereby acknowledges that it is in the public's best interest to have published commentary approved by Council regarding the scope and application of the regulations adopted by Council regarding COVID-19. Therefore, Council hereby directs the City Manager to draft corresponding commentary to these regulations and publish the commentary on the City website. Section 7. Codification. This ordinance is an emergency ordinance, is not permanent in nature, and shall not be codified. 18 CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-010 Section 8. Effective Date. This ordinance shall take effect on Thursday, September 3, 2020 shall remain in effect for thirty (30) days or until the declaration of emergency regarding COVID-19 expires without renewal. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 24th day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 19 • Main Office(907)224-4050 CITY OF SEWARD , = -- - • Police (907)224-3338 • Harbor(907)224-3138 P.O. Box 167 • Fire(907)224-3445 410 Adams Street „4"' City Clerk(907)224-4046 Seward,Alaska 99664.0167 • Community Development(907)22-4049 • Utilities (907)224-4050 • Fax(907)224-4038 Seward City Council Emergency COVID-19 Regulation No. 2 FACIAL COVERINGS Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public health mandates. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. Per Emergency Ordinance 20-010 (non-code), enacted August 24, 2020 and effective September 3, 2020 (the date when posted on the City website). This ordinance shall remain in effect for thirty(30) days, or until the declaration of emergency regarding COVID-19 expires without renewal. 20 • Main Office(907)224-4050 CITY OF SEWARD , = -- - • Police (907)224-3338 • Harbor(907)224-3138 P.O. Box 167 • Fire(907)224-3445 410 Adams Street „4"' City Clerk(907)224-4046 Seward,Alaska 99664.0167 • Community Development(907)22-4049 • Utilities (907)224-4050 • Fax(907)224-4038 Seward City Council Emergency COVID-19 Regulation No. 3 CITY-OWNED CAMPGROUNDS All City-owned campgrounds shall be not more than 50% capacity for recreational camping purposes. The City will not take additional reservations over 50% capacity. City-owned campgrounds may remain open for use by Seward area workers and employees. Per Emergency Ordinance 20-010 (non-code), enacted August 24, 2020 and effective September 3, 2020 (the date when posted on the City website). This ordinance shall remain in effect for thirty(30) days, or until the declaration of emergency regarding COVID-19 expires without renewal. 21 • Main Office(907)224-4050 CITY OF SEWARD , = -- - • Police (907)224-3338 • Harbor(907)224-3138 P.O. Box 167 • Fire(907)224-3445 410 Adams Street „4"' City Clerk(907)224-4046 Seward,Alaska 99664.0167 • Community Development(907)22-4049 • Utilities (907)224-4050 • Fax(907)224-4038 Seward City Council Emergency COVID-19 Regulation No. 4 LARGE GATHERINGS All in-person gatherings of 20 or more individuals are prohibited within the City. This excludes gatherings governed by Council Emergency Regulation No. 5 and gatherings for the purpose of exercising Constitutional rights. Per Emergency Ordinance 20-010 (non-code), enacted August 24, 2020 and effective September 3, 2020 (the date when posted on the City website). This ordinance shall remain in effect for thirty(30) days, or until the declaration of emergency regarding COVID-19 expires without renewal. 22 • Main Office (907)224-4050 CITY OF SEWARD , = -- - • Police (907)224-3338 • Harbor(907)224-3138 P.O. Box 167 • Fire(907)224-3445 410 Adams Street „4"' City Clerk(907)224-4046 Seward,Alaska 99664.0167 • Community Development(907)22-4049 • Utilities (907)224-4050 • Fax(907)224-4038 Seward City Council Emergency COVID-19 Regulation No. 5 RETAIL & SERVICE ESTABLISHMENTS All eating and drinking establishments, including restaurants, bars, ice cream and specialty food shops, all retail stores, all tours, including sightseeing and ecotourism operations, and all places of worship, shall limit indoor seating capacity to ten (10) people, or no more than 50% of maximum capacity, whichever is greater. Per Emergency Ordinance 20-010 (non-code), enacted August 24, 2020 and effective September 3, 2020 (the date when posted on the City website). This ordinance shall remain in effect for thirty(30) days, or until the declaration of emergency regarding COVID-19 expires without renewal. 23 Sponsored by: Meszaros Public Hearing: August 24, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH JOSEPH TOUGAS FOR LOT 4, BLOCK 3, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 97-27 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is owner of certain real property known as Lot 4, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, as shown on Plat 97-27, Seward Recording District, Third Judicial District, State of Alaska (the "Property"); and WHEREAS, the Property is currently unoccupied, and is at Seward Marine Industrial Center(SMIC); and WHEREAS, Joseph Tougas submitted a proposal to lease the Property from the City for purposes of operating a boat repair yard and equipment storage; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to execute a new lease with Joseph Tougas in substantially the form as presented at this meeting. Section 2. The Seward City Council has determined that the essential terms and conditions of the proposed lease with Joseph Tougas for the real Property, and the method of disposition by lease, are in the public's interest. Section 3. This resolution shall take effect thirty (30) days upon approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241' day of August, 2020. 24 Agenda Statement Meeting Date: August 24, 2020 ' To: City Council Through: Scott Meszaros, City Manager *AA 7 From: Norm Regis,Harbormaster v'tO Agenda Item: A new lease with Joseph Tougas for Lot 4,Block 3 Seward Marine Industrial Center,Kenai Peninsula Borough Platt no.97-27 Seward Recording District, Third Judicial District, State of Alaska BACKGROUND &JUSTIFICATION: Joseph Tougas has been operating a business in Seward for 12 years on privately leased Iand. He also works on vessels located in the SMIC.yard,and his business there has grown to the point where he needs additional land for boat repair work, equipment storage and a future building. He has submitted a proposal to lease Lot 4, Block 3, Fourth of July Creek Subdivision within the industrial zoning district,Seward Marine Industrial Center,3409 Jellison Avenue. The land will be used for boat repair work and equipment storage. The land is not served by utilities at this time. Eventually, Mr. Tougas would like to construct a building on the site, but that will require future permitting. Mr.Tougas will comply with all Seward City Code requirements.If he plans to store any vessels on the property, he will have to apply for an acceptable environmental compliance plan with the Department of Environmental Conservation. INTENT: To approve a long-term lease between the City of Seward and Joseph Tougas on Lot 4, Block 3 Fourth of July Creek Subdivision at the Seward Marine Industrial Center for boat repair operations and equipment storage. CONSISTENCY CHECKLIST: Yes No N/A I Comprehensive Plan(document source here): This lease meets the plan X goals to develop SMIC as a rn 'or industrial area of the community. Strategic Plan(document source here): Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources,and quality of life that make Seward a great place to live and establish a business or industry. (Page 5 3. Other(list): 25 FISCAL NOTE: The annual Iease amount is $2,800.00 plus tax. The lease rate is based on 8% of the fair market value($35,000). The parcel was appraised by MacSwain Appraisals,LLC dated February 6,2020. The leased property will be re-appraised every five years(next scheduled for 2025)and the rent will be adjusted accordingly. Between appraisals,the rent will be adjusted each year according to the Consumer Price Index (CPI). Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2020-064, authorizing the City Manager to enter into a Lease with Joseph Tougas for Lot 4, Block 3 Fourth of July Creek Subdivision in the Seward Marine Industrial Center,Plat No.97-27 in the Seward Recording District, Third Judicial District, State of Alaska. 26 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and Joseph Tougas Lot 4, Block 3 SMIC Effective Date: [ 00961686.DOC 27 TABLE OF CONTENTS ARTICLE 1 -LEASED LAND.................................................................................................... 1 1.1 Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title................................................... 1 1.3 Property Accepted................................................................................................... 1 1.4 Permits.................................................................................................................... 2 1.5 Platting.................................................................................................................... 2 1.6 Development of Leased Land.................................................................................. 2 ARTICLE 2 -LEASE TERM...................................................................................................... 3 2.1 Lease Term.............................................................................................................. 3 ARTICLE 3 -RENTAL RATE ................................................................................................... 3 3.1 Initial Rental Rate................................................................................................... 3 3.2 Rental Adjustments.................................................................................................. 3 3.3 Procedure for Rental Adjustment............................................................................ 3 3.4 Effect of Late Appraisal by CITY............................................................................ 4 3.5 Appraisal by LESSEE............................................................................................. 4 3.6 Effective Date of Adjusted Rental Rate................................................................... 5 3.7 Interim Rental Adjustments..................................................................................... 5 3.8 Late Payment Charge ............................................................................................. 5 ARTICLE 4 -USE OF LEASED LAND .................................................................................... 5 4.1 Use of Leased Land................................................................................................. 5 4.2 Obligations of LESSEE........................................................................................... 6 4.3 No Preferential Rights to Use Public Facilities ..................................................... 6 4.4 Adequacy of Public Facilities................................................................................. 6 4.5 Tariffs and Other Service Fees............................................................................... 6 4.6 Time for Payment of Utilities and Taxes................................................................. 6 4.7 Other Uses .............................................................................................................. 6 4.8 Use of Public Docks and Port Facilities................................................................. 7 ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS.......................................................... 7 5.1 Utilities.................................................................................................................... 7 5.2 Third-Party Improvements...................................................................................... 7 5.3 Easements ............................................................................................................... 8 ARTICLE 6 - CONSTRUCTION BY LESSEE......................................................................... 8 6.1 Improvements on Leased Land............................................................................... 8 6.2 City Review of Construction ................................................................................... 9 ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS...................................... 9 7.1 Return of Leased Land in Original Condition...................................................... 10 ARTICLE 8 -FORCE MAJEURE ........................................................................................... 10 ARTICLE 9 -LESSEE'S ACTS OF DEFAULT..................................................................... 10 ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE .................................................. 11 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ....................... 13 11.1 Real Property Improvements ................................................................................ 13 00961686.DOC i 28 11.2 Personal Property................................................................................................. 13 ARTICLE 12 -ASSIGNMENT OR SUBLEASE.................................................................... 13 12.1 Assignment of Lease or Subleasing....................................................................... 13 12.2 Assignment of Lease for Security.......................................................................... 13 12.3 Assignment to Affiliate.......................................................................................... 14 ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 14 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 14 ARTICLE 15 -INSURANCE .................................................................................................... 14 15.1 Minimum Insurance Requirements ....................................................................... 14 15.2 Subrogation Rights Waived................................................................................... 15 ARTICLE 16 - CONDEMNATION.......................................................................................... 16 ARTICLE 17 -ARBITRATION ............................................................................................... 16 17.1 Arbitration ............................................................................................................ 16 ARTICLE 18 -MAINTENANCE AND REPAIRS................................................................. 17 18.1 Normal Maintenance ............................................................................................ 17 18.2 Safety Issues.......................................................................................................... 18 18.3 Cost of Repairs...................................................................................................... 18 ARTICLE 19 -ENVIRONMENTAL CONCERNS................................................................ 18 19.1 Hazardous Materials ............................................................................................ 18 19.2 Permits and Reporting.......................................................................................... 21 ARTICLE 20 -ESTOPPEL CERTIFICATES........................................................................ 21 ARTICLE 21 - CONDITIONS AND COVENANTS .............................................................. 21 ARTICLE 22 -NO WAIVER OF BREACH ........................................................................... 21 ARTICLE 23 - TIME OF THE ESSENCE.............................................................................. 21 ARTICLE 24 - COMPUTATION OF TIME........................................................................... 22 ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 22 ARTICLE 26 -ENTIRE AGREEMENT ................................................................................. 22 ARTICLE 27 - GOVERNING LAW ........................................................................................ 22 ARTICLE 28 -PARTIAL INVALIDITY................................................................................. 22 ARTICLE 29 -RELATIONSHIP OF PARTIES .................................................................... 22 ARTICLE 30 -INTERPRETATION........................................................................................ 22 ARTICLE 31 - CAPTIONS ....................................................................................................... 23 ARTICLE 32 -AMENDMENT................................................................................................. 23 ARTICLE 33 -NOTICES.......................................................................................................... 23 ARTICLE 34 -FIRE PROTECTION FOR LEASED LAND IN SMIC............................... 23 00961686.DOC 11 29 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the"CITY"),a municipal corporation located in the Kenai Peninsula Borough,State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and Joseph Tougas (the "LESSEE"), whose mailing address is P.O. Box 825, Seward, Alaska 99664. WHEREAS,LESSEE has indicated its desire to lease the property known as Lot 4,Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough as shown on Plat 97-27, Seward Recording District,Third Judicial District, State of Alaska,consisting of approximately 13,521 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 -LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward,Alaska. The Leased Land is described as follows: Lot 4,Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough,as shown on Plat 97-27, Seward Recording District,Third Judicial District, State of Alaska, consisting of approximately 13,521 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit B,which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof,any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY(other than the representations in Section 1.2 hereof), 00961686.DOC 1 30 or agents of CITY,as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time,upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits,zoning and re-zoning,tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However,nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals,including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.5 Platting. If LESSEE requests a replat of the Leased Land, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. In the event CITY elects to replat, LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. 1.6 Development of Leased Land. LESSEE shall operate vessel work yard and an equipment storage yard and uses necessary and incidental thereto on the Leased Land through the term of the lease. LESSEE understands that construction and operations of its marine-related business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE.LESSEE shall not operate any other unrelated business on the Leased Land without the written consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12,no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly 00961686.DOC 2 31 subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2 -LEASE TERM 2.1 Lease Term. The term of this LEASE(the"Lease Term")shall be in accordance with CITY's authorization in Resolution No. 2020- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE(the"Effective Date"). The Lease Term shall run for approximately twenty (20) years from the Effective Date, ending at midnight on September 22, 2040. LESSEE shall have the right to extend the term of this LEASE for two (2) additional five-year (5) periods, provided that: a) LESSEE exercises its option to extend at least one hundred eighty(180)days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 -RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2021, the annual rental rate for the Leased Land shall be set at $2,800.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease(prorated for the balance of the current quarter)and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter(1/4)of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1,2025,and on the same date every five (5)years thereafter(each a"Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value(the"Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety(90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI 00961686.DOC 3 32 appraiser(Member,Appraisal Institute),who shall determine the"Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY(including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date,unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case,LESSEE shall give written notice to CITY of its objection within thirty(30)days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two (2) appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent(20%),then,unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 17 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However,any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If,for any particular Rental Adjustment Date,CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute)at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty(30)days of receipt of the appraiser's report,and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent(20%),then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that 00961686.DOC 4 33 varies from LESSEE's appraisal by more than twenty percent(20%),then,unless CITY and LESSEE agree on a rate themselves,the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 17 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety(90)days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved,an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2021, and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date")in an amount that reflects the increase,if any,in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area,All Items 1967=100("CPI"),as published by the United States Department of Labor,Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period,and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less,plus a flat monthly late fee of$2.50,or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 -USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for Boat repair work and equipment storage yard. 00961686.DOC 5 34 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a boat repair and equipment storage facility on the Leased Land. e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs,procedures,rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended,and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE,and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any,before such obligations become delinquent; provided that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or 00961686.DOC 6 35 who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities,with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building,mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings,equipment,direct labor,and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver,or j oin in execution and delivery of,such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements'), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: 00961686.DOC 7 36 a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section,CITY shall be without expense therefor,and the cost and expense thereof shall be borne solely by LESSEE. C) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands,it may be necessary,desirable,or required that street,railroad,water,sewer,drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other,join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward),public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel,reconstruct,rebuild,build,and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. C) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans(based on a recent survey)for the Leased Land prior to commencement of construction. 00961686.DOC g 37 d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into right-of-ways or easements. On completion of any improvements,LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may,as contemplated by Alaska Statutes,give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, right-of-ways, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors,and CITY shall be named as an additional insured. ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS 00961686.DOC 9 38 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE,subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 -FORCE MAJEURE Except as to the acts of default enumerated in Article 9, Sections 9.1-9.2 and 9.4-9.6,in the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE, due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade,insurrection,riot,fire,flood,explosion,earthquake/tsunami,civil disturbance,or war,and which are not due to the fault or neglect of any such party and beyond its reasonable control,the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. Prior to claiming relief under this Article,the party claiming the benefits of this Article shall,within five(5)days after the occurrence of the force maj eure event upon which it relies,give written notice to the other party stating its intention to claim the benefits of this section and shall state the reason or reasons for such claim. The failure to provide such notice will constitute a waiver of the right to claim the benefits provided by this clause.No party shall be permitted to rely upon this Article to avoid any obligations under the LEASE on account of the novel coronavirus (COVID-19)or any impacts relating to COVID-19,or any similar epidemic or pandemic,it being the parties understanding that such a pandemic or epidemic is reasonably foreseeable. This Article shall not be used to excuse the LESSEE's obligation to pay rent or additional rent due under this LEASE. ARTICLE 9 -LESSEE'S ACTS OF DEFAULT Each of the following shall be a"LESSEE Act of Default"under this LEASE and the terms "acts of default" and"default"" shall mean,whenever they are used in this LEASE,any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure,requesting that it be remedied, and stating that it is a notice of default,has been given to LESSEE by CITY;provided,however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective 00961686.DOC 10 39 action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors,the filing of a petition in bankruptcy by LESSEE,the adjudication of LESSEE as insolvent or bankrupt,the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property;or the commencement of any proceeding relating to LESSEE under any bankruptcy,insolvency,reorganization,arrangement,or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska,or any conditions of any permits issued by agencies of the City of Seward,the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land,pursuant to the regulations of such agencies,for a period of sixty(60)days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however,if such violation be such that it cannot be corrected within the applicable period,it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued;provided,however,that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage,interruption,or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 00961686.DOC 11 40 10.2 CITY may re-enter the Leased Land and take possession thereof and,except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process,all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY,CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude 00961686.DOC 12 41 the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY, and at LESSEE's sole cost ad expense. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore,LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land,by deed of trust or other security instrument, to an institutional lender("Lender")for development of or operations on the Leased Land,provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing,with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right(without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE)to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, 00961686.DOC 13 42 a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money,shall undertake within thirty(30)days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee,purchaser,or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 —LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend,indemnify,and hold harmless CITY,its officials, employees,agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage,death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence,LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend,indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 -INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense,comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS($2,000,000)for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include 00961686.DOC 14 43 coverage for personal injury,bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS($1,000,000)per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers' compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land,increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty(30)days'notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY(Best's Rating B+or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY,on forms approved by CITY,certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense,additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsement releasing CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise,for any loss of any kind(including damage to property caused by fire or any other casualty),even if such loss shall have been caused by the fault or negligence of the CITY,its elected or appointed officials,employees or volunteers,or others working on behalf of the CITY. This provision shall be applicable and in full force and effect with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such 00961686.DOC 15 44 release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity,CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen(15)days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use,LESSEE determines that such partial taking will not prevent it from continuing to operate,then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 -ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties,may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.300 et. sec.), as it now exists or may hereafter be amended from time to time,and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other party a request for arbitration or the party receiving a request shall have twenty(20)days to consent,in writing,to the use of arbitration to resolve the dispute. Failure of either party to consent will preclude the use of arbitration for that dispute. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. 00961686.DOC 16 45 b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation,nor any claim based on conduct that is a felony crime in the State of Alaska. c) Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who(a)has not less than five(5)years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each parry,commencing with the parry demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage,Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party,at least thirty (30) days in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof,if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE,in as good condition as received or constructed by LESSEE, subject to normal,non-abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading,filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire,pollution, and other protective equipment, if any are placed on Leased Land. 00961686.DOC 17 46 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty(30)days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest(as distinguished from a business risk),or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs,then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations,if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land,it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 -ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY.Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without 00961686.DOC 18 47 limitation,attorney's fees,court costs,litigation expenses,and consultant and expert fees)arising prior to,during,and after the term of this LEASE,and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest,or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal,state,or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge,leak,or emit,or permit to be discharged,leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City,or any governmental authority)does or may,pollute or contaminate the same,or may adversely affect the(a)health,welfare,or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims,demands,penalties,fines,judgments,liabilities,settlements, damages, costs, or expenses (including,without limitation, attorney, consultant and expert fees,court costs,and litigation expenses)of whatever kind or nature,known or unknown, contingent or otherwise, arising out of or in any way related to: 00961686.DOC 19 48 i) The presence, disposal,release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d)shall apply only if the acts giving rise to the claims,demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses(1)occur prior to or during the term of this LEASE;and(2)arise,in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors,authorized representatives,subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes,LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic,ignitable,reactive,or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste,hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes,without limitation,petroleum,including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE,Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing,Alaska Statutes Title 46,the Resource Conservation and Recovery Act of 1976,the Comprehensive Environmental Response,Compensation and Liability Act of 1980,the Clean Water Act,and the Superfund Amendments and Reauthorization Act of 1986. 00961686.DOC 20 49 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law,including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits,in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence with and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice,including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 -ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days' prior written request by the other party,execute,acknowledge,and deliver to such party,or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments),that there are no defaults existing(or,if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 -NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term,covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE 00961686.DOC 21 50 Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last,unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms,covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 -ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void,or unenforceable,the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 -RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of j oint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE,nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 -INTERPRETATION 00961686.DOC 22 51 The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles,paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 -AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 -NOTICES All notices,demands,or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD P.O. Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Joseph Tougas P.O. Box 825 Seward, Alaska 99664 Each party shall have the right, from time to time,to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC 00961686.DOC 23 52 LESSEE acknowledges that the CITY OF SEWARD lacks the personnel and resources to provide onsite fire protection in the Seward Marine Industrial Center,and emergency response time may be longer than for other areas in Seward. LESSEE accepts the risks inherent in conducting its operations in this area and willingly assumes,at its sole cost and risk,the obligation to provide fire protection to its operations on Leased Land in SMIC, and fire prevention to industry standards to minimize risks to adjacent facilities and nearby operations. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD JOSEPH TOUGAS Scott Meszaros, City Manager oseph ougaas Date: Date: OA// 2-e;' ATTEST: Brenda Ballou City Clerk STATE OF ALASKA } } ss. THIRD JUDICIAL DISTRICT } The foregoing instrument was acknowledged before me this day of , 2020, by Scott Meszaros, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA } } ss. 009616B&DQC 24 53 THIRD JUDICIAL DISTRICT } The foregoing instrument was acknowledged before me this � day of A"0 ,2020, by Joseph Tougas who executed the foregoing document. ` �py..•r• NF ' Notary ublic in and for Alas�a r v,;: •. My Gommissian Expires: 00961686-DOC 25 54 1806 Alameda Street. CATALYST Po Box 825 Seward,AK 99664 MARINE Phone: 1-907-362-1900 ENGINEERING Fax: 1-907-224-5900 To: Seward Harbormaster Norm Regis 11/21/2019 SMIC Lease lots After our discussion November 21'2019 Catalyst Marine Engineering would like to secure long-term leases on the two lots adjoint the eastern lot line of Sewmar. Parcel ID numbers 14534024& 14534025 totaling 0.62 acres combine. We are aware that the properties mentioned above might be caught up for a period in transfer.Once the City of Seward is ready to move forward with lease assignment CME will be ready to complete the assumption. Respectfully, Joseph C. Tougas President/Owner Catalyst Marine Engineering Exhibit A 55 , � 6 'o T , AN G ANO _1 SMIC Lot 4 Block 3 ® Parcels Q City Limits Location Map - 0 240 480 960Feet Seward Marine Industrial Center :; Lot 4 Block 3 N Tougas Lease Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Drawn By: EAK 07/29/2020 56 Exhibit C MacSwain Associates LLC Parcel 33 0.1 � ySS l Wl I k�l- 'l'1 t• LL - ' S - I /° R' SubjectIQ I Ef 1. .+. iR T,nrd A N I ^' @1 i 1'7-Q.ct A Sr f i e � i i i I I ---- `��3 r s v c .ptA; , I 20-3377.• ON of Seward Leases 57 MacSwain Associates LLC I Exhibit C Subject Property Data, Analysis, & Valuation: Parcel 33 Lessee: Raibow Fiberglass &Boat Repair, LLC Property Lease No: 13-048 Identification Location: Southwest corner of Jellison Avenue and Olga Street, SMIC Legal Description: Lot 4, Block 3, 4' of July Creek Subdivision, SMIC Current Use: Marine industrial 3 i Subject Property .. :;..:. ., Photograph Inspection Data Date Inspected: February 6, 2020 Inspected By: MacSwain Associates, LLC Representative: No response Sale History No known sales in the past three years 20-3377_ City of Seward Leases 165 58 maCSwain Associates LLC Exhibit C Site Description Site Size/Shape: 13,521 /rectangular Waterfrontage: None Access/Street Improvements: Jellison Avenue and Olga Street (gravel) Utilities: Public Water: None Public Sewer: None EIectricity: None Telephone: TeIAIaska Topography: Level Easements and.Restrictions: None noted Other Features: Corner site Zoning: 1, Industrial Parking: On site, required Assessor No: 145-340-24 Assessment Data 2019 Mill Rate: 8.37 2019 Assessed Land Value:* $38,900 ($2.88/SF) *Assessed land value t epresents fee simple value estimate Highest and Best Use The demand for land in the Seward Marine Industrial Center is (HABU)Analysis As increasing; however, ample land remains available for development. Vacant As additional lessees enter the SMIC market, we anticipate upward pressure on land value. Market analysis of existing and contemplated land uses further suggests the highest and best use of the subject would be marine industrial. 20-3377: City of Seward Leases 166 59 MaeSwain Associates LLC I Exhibit C Market Analysis and From the market data discussed in Chapter 7, we have selected the Property Valuation following comparables as being the best data available. Table of Comparables Compared to Parcel 33 No. Location Sale Date Sale Price Size (SF) Price/SF NEC of Seward Highway 11/18 $130,000 74,923 $1.74 and Seward Park Drive 7 Leirer Subdivision 2015-2019 Varies 20,000 to $3.13' 80,000 (typical) 8 North of Port Avenue and 7/19 $475,000 95,036 $5.00 Freight Dock 12 Depot Road, Whittier 11/09 $775,193 66,827 $11.60 SWC of Jellison Avenue N/A N/A 13,521 N/A and Olga Street 1. Current adjustment price based on typical $0.26 to$0.27/SF annual rental rate Comparative Land Comparable 1 is a 1.72-acre parcel with Seward Highway frontage, Value Analysis approximately three miles north of the Seward Small Boat Harbor. The property is unzoned, and has historically been used for industrial yard storage. Access is from Seward Park Drive,just off the highway. By comparison, upward adjustments are necessary for inferior location and size differential Comparable 7 is located just north of the Small Boat Harbor in an industrial neighborhood known as Leirer Subdivision. These comparables are rated superior due to location, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Comparable 8 is a recent ARRC lease transaction located north of Port Avenue and the ARRC Freight Dock. This lease reflects a fee value of$5.00 per square foot for 95,036 square feet. Comparatively, this transaction is superior in terms of location. Conversely, size differential is inferior warranting a partially-offsetting upward adjustment. Overall, this comparable is rated superior. Comparable 12 involves a sale in Whittier in which the ARRC became the buyer/land lessor, and leased the land back to the original buyer for 8% of the sale price. The sale price was$775,193, indicating a unit value of $11.60 per square foot for 66,827 square feet. In comparison, this transaction is rated superior due to economic 20-3377- City of Seward Leases 167 60 MacSwain Associates LLC I Exhibit C character and conditions of sale, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Land Value Based on the preceding analysis and a complete review of the other Conclusion comparables, the market value is estimated to be in the $2.50 to $3.00 per square foot range. This develops: 13,521 SF at$2.50/SF=$33,803 13,521 SF at$3.00/SF= $40,563 Land Value $35,000 20-3377.` City of Seward Leases 168 61 Sponsored by: Meszaros Public Hearing: August 24, 2020 CITY OF SEWARD,ALASKA RESOLUTION 2020-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH JOSEPH TOUGAS FOR LOT 5, BLOCK 3, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, KENAI PENINSULA BOROUGH, PLAT NO. 97-27 SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is owner of certain real property known as Lot 5, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, as shown on Plat 97-27, Seward Recording District, Third Judicial District, State of Alaska (the "Property"); and WHEREAS, the Property is currently unoccupied, and is located at Seward Marine Industrial Center(SMIC); and WHEREAS, Joseph Tougas submitted a proposal to lease the Property from the City for purposes of operating a boat repair yard and equipment storage; and WHEREAS, the lease request is consistent with the Comprehensive Plan and the Seward Marine Industrial Center Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to execute a new lease with Joseph Tougas in substantially the form as presented at this meeting. Section 2. The Seward City Council has determined that the essential terms and conditions of the proposed lease with Joseph Tougas for the real Property, and the method of disposition by lease, are in the public's interest. Section 3. This resolution shall take effect thirty (30) days following its approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241' day of August, 2020. 62 Agenda Statement Meeting Date: August 24, 2020 ' .r To: City Council _ r Through: Scott Meszaros, City Manager A46vj From: Norm Regis,Harbormaster /L'A- Agenda Item: A new lease with Joseph Tougas for Lot 5,Block 3 Seward Marine Industrial Center,Kenai Peninsula Borough Platt no.97-27 Seward Recording District, Third Judicial District,State of Alaska BACKGROUND &JUSTIFICATION: Joseph Tougas has been operating abusiness in Seward for 12 years on private leased land. He also works on vessels located in the SMIC yard,and his business there has grown to the point where he needs additional land for boat repair work,equipment storage and a future building. He has submitted a proposal to lease Lot 5, Block 3, Fourth of July Creek Subdivision within the industrial zoning district,Seward Marine Industrial Center,3409 Jellison Avenue. The land will be used for boat repair work and equipment storage. The land is not served by utilities at this time. Eventually, Mr. Tougas would like to construct a building on the site, but that will require future permitting. Mr.Tougas will comply with all Seward City Code requirements.If he plans to store any vessels on the property, he will have to apply for an acceptable environmental compliance plan with the Department of Environmental Conservation. INTENT: To approve a long-term lease between the City of Seward and Joseph Tougas on Lot 5, Block 3 Fourth of July Creek Subdivision at the Seward Marine Industrial Center for boat repair operations and equipment storage. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan(docament source Here): This lease meets the plan X goals to develop SMIC as a major industrial area of the community. Strategic Plan(document source here):Attract New Industry: 2 Develop an aggressive marketing campaign which highlights the diverse X resources,and quality of life that make Seward a great place to live and establish a business or indust . (Page 5) 3. Other(list): 63 FISCAL NOTE: The annual lease amount is $2,800.00 plus tax. The lease rate is based on 8% of the fair market value($35,000). The parcel was appraised by MacSwain Appraisals,LLC dated February 6,2020. The leased property will be re-appraised every five years(next scheduled for 2025)and the rent will be adjusted accordingly. Between appraisals, the rent will be adjusted each year according to the Consumer Price Index (CPI). Approved by Finance Department: A A ` ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2020-065, authorizing the City Manager to enter into a Lease with Joseph Tougas for Lot 5,Block 3 Fourth ofJuly Creek Subdivision in the Seward Marine Industrial Center, Plat No. 97-27 in the Seward Recording District, Third Judicial District, State of Alaska. 64 LEASE AGREEMENT between CITY OF SEWARD, ALASKA and Joseph Tougas Lot 5, Block 3 SMIC Effective Date: [ 00961687.DOC 65 TABLE OF CONTENTS ARTICLE 1 -LEASED LAND.................................................................................................... 1 1.1 Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title................................................... 1 1.3 Property Accepted................................................................................................... 1 1.4 Permits.................................................................................................................... 2 1.5 Platting.................................................................................................................... 2 1.6 Development of Leased Land.................................................................................. 2 ARTICLE 2 -LEASE TERM...................................................................................................... 3 2.1 Lease Term.............................................................................................................. 3 ARTICLE 3 -RENTAL RATE ................................................................................................... 3 3.1 Initial Rental Rate................................................................................................... 3 3.2 Rental Adjustments.................................................................................................. 3 3.3 Procedure for Rental Adjustment............................................................................ 4 3.4 Effect of Late Appraisal by CITY............................................................................ 4 3.5 Appraisal by LESSEE............................................................................................. 4 3.6 Effective Date of Adjusted Rental Rate................................................................... 5 3.7 Interim Rental Adjustments..................................................................................... 5 3.8 Late Payment Charge ............................................................................................. 5 ARTICLE 4 -USE OF LEASED LAND .................................................................................... 5 4.1 Use of Leased Land................................................................................................. 6 4.2 Obligations of LESSEE........................................................................................... 6 4.3 No Preferential Rights to Use Public Facilities ..................................................... 6 4.4 Adequacy of Public Facilities................................................................................. 6 4.5 Tariffs and Other Service Fees............................................................................... 6 4.6 Time for Payment of Utilities and Taxes................................................................. 6 4.7 Other Uses .............................................................................................................. 7 4.8 Use of Public Docks and Port Facilities................................................................. 7 ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS.......................................................... 7 5.1 Utilities.................................................................................................................... 7 5.2 Third-Party Improvements...................................................................................... 7 5.3 Easements ............................................................................................................... 8 ARTICLE 6 - CONSTRUCTION BY LESSEE......................................................................... 8 6.1 Improvements on Leased Land............................................................................... 8 6.2 City Review of Construction ................................................................................... 9 ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS.................................... 10 7.1 Return of Leased Land in Original Condition...................................................... 10 ARTICLE 8 -FORCE MAJEURE ........................................................................................... 10 ARTICLE 9 -LESSEE'S ACTS OF DEFAULT..................................................................... 10 ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE .................................................. 11 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE ....................... 13 11.1 Real Property Improvements ................................................................................ 13 00961687.DOC i 66 11.2 Personal Property................................................................................................. 13 ARTICLE 12 -ASSIGNMENT OR SUBLEASE.................................................................... 13 12.1 Assignment of Lease or Subleasing....................................................................... 13 12.2 Assignment of Lease for Security.......................................................................... 13 12.3 Assignment to Affiliate.......................................................................................... 14 ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 14 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 14 ARTICLE 15 -INSURANCE .................................................................................................... 14 15.1 Minimum Insurance Requirements ....................................................................... 15 15.2 Subrogation Rights Waived................................................................................... 15 ARTICLE 16 - CONDEMNATION.......................................................................................... 16 ARTICLE 17 -ARBITRATION ............................................................................................... 16 17.1 Arbitration ............................................................................................................ 16 ARTICLE 18 -MAINTENANCE AND REPAIRS................................................................. 17 18.1 Normal Maintenance ............................................................................................ 17 18.2 Safety Issues.......................................................................................................... 18 18.3 Cost of Repairs...................................................................................................... 18 ARTICLE 19 -ENVIRONMENTAL CONCERNS................................................................ 18 19.1 Hazardous Materials ............................................................................................ 18 19.2 Permits and Reporting.......................................................................................... 21 ARTICLE 20 -ESTOPPEL CERTIFICATES........................................................................ 21 ARTICLE 21 - CONDITIONS AND COVENANTS .............................................................. 21 ARTICLE 22 -NO WAIVER OF BREACH ........................................................................... 21 ARTICLE 23 - TIME OF THE ESSENCE.............................................................................. 22 ARTICLE 24 - COMPUTATION OF TIME........................................................................... 22 ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 22 ARTICLE 26 -ENTIRE AGREEMENT ................................................................................. 22 ARTICLE 27 - GOVERNING LAW ........................................................................................ 22 ARTICLE 28 -PARTIAL INVALIDITY................................................................................. 22 ARTICLE 29 -RELATIONSHIP OF PARTIES .................................................................... 22 ARTICLE 30 -INTERPRETATION........................................................................................ 23 ARTICLE 31 - CAPTIONS ....................................................................................................... 23 ARTICLE 32 -AMENDMENT................................................................................................. 23 ARTICLE 33 -NOTICES.......................................................................................................... 23 ARTICLE 34 -FIRE PROTECTION FOR LEASED LAND IN SMIC............................... 24 00961687.DOC 11 67 LEASE AGREEMENT THIS LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the"CITY"),a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and Joseph Tougas (the "LESSEE"), whose mailing address is P.O. Box 825 Seward, Alaska 99664. WHEREAS,LESSEE has indicated its desire to lease the property known as Lot 5 Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough as shown on Plat 97-27, Seward Recording District,Third Judicial District, State of Alaska,consisting of approximately 13,521 square feet, more or less; and WHEREAS, the City Council of CITY has determined that lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 -LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward,Alaska. The Leased Land is described as follows: Lot 5, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, as shown on Plat 97-27, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 13,521 square feet, more or less (the "Leased Land"). The Leased Land is also depicted on the attached Exhibit B,which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof,any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Property Accepted"As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same"as-is" and without reliance on any expressed or implied representations or warranties of CITY(other than the representations in Section 1.2 hereof),or agents of CITY, 00961687.DOC 1 68 as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time,upon request of LESSEE, execute such documents, petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits,zoning and re-zoning,tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However,nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals,including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency (e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation (e.g., right-of-way permits), the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.5 Platting. If LESSEE requests a replat of the Leased Land, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. In the event CITY elects to replat, LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. 1.6 Development of Leased Land. LESSEE shall continue operate a vessel work yard and an equipment storage yard and uses necessary and incidental thereto on the Leased Land, through the term of the lease. LESSEE understands that construction and operations of its marine-related business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the written consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Marine Industrial Center. b) In accordance with the provisions of Article 12,no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly 00961687.DOC 2 69 subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Seward Marine Industrial Center. ARTICLE 2 -LEASE TERM 2.1 Lease Term. The term of this LEASE(the"Lease Term")shall be in accordance with CITY's authorization in Resolution No. 2020- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE(the "Effective Date"). The Lease Term shall run for approximately twenty (20) years from the Effective Date, ending at midnight on September 22, 2040. LESSEE shall have the right to extend the term of this LEASE for two (2) additional five (5) year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; and c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE. ARTICLE 3 -RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE through June 30, 2021, the annual rental rate for the Leased Land shall be set at $2,800.00. Rent shall be payable quarterly in advance upon the Effective Date of this Lease(prorated for the balance of the current quarter)and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1,2025,and on the same date every five (5)years thereafter(each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety(90)days before each Rental Adjustment Date. 00961687.DOC 3 70 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute),who shall determine the"Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE but inclusive of all improvements made by CITY(including those made before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date,unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case,LESSEE shall give written notice to CITY of its objection within thirty (30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 17 of this LEASE. 3.4 Effect of Late Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However,any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 3.5 Appraisal by LESSEE. If,for any particular Rental Adjustment Date,CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser(Member,Appraisal Institute)at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty(30)days of receipt of the appraiser's report,and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty 00961687.DOC 4 71 percent(20%),then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent(20%),then,unless CITY and LESSEE agree on a rate themselves,the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 17 of this LEASE. 3.6 Effective Date of Adjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety(90)days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2021 and on July 1 of every year thereafter (each on "Interim Rental Adjustment Date")in an amount that reflects the increase,if any,in the cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, Anchorage, Alaska Area,All Items 1967=100 ("CPI"), as published by the United States Department of Labor,Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published, the CITY shall instead use such revised or other index as most nearly approximates the CPI for the relevant period,and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5% per annum, or the maximum rate permitted under Alaska law, whichever is less,plus a flat monthly late fee of$2.50,or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 -USE OF LEASED LAND 00961687.DOC 5 72 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for Boat repair work. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a boat repair and equipment storage facility on the Leased Land. e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs,procedures,rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended,and LESSEE shall not be entitled to any exclusive use. 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE,and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tariffs and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any,before such obligations become delinquent; provided that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 00961687.DOC 6 73 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use ofPublic Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land sufficient for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities,with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building,mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies may be used to serve other customers of LESSEE's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings,equipment,direct labor,and equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve its facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land,it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver,or join in execution and delivery of,such documents as are appropriate, necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly 00961687.DOC 7 74 development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section,CITY shall be without expense therefor,and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands,it may be necessary,desirable,or required that street,railroad,water,sewer,drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other,join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward),public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel,reconstruct,rebuild,build,and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. 00961687.DOC g 75 c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans(based on a recent survey)for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into right-of-ways or easements. On completion of any improvements,LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2)or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may,as contemplated by Alaska Statutes,give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land,easements,right-of-ways,or setback requirements. LESSEE shall obtain the 00961687.DOC 9 76 usual and customary performance guarantees from its contractors,and CITY shall be named as an additional insured. ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS 7.1 Return of Leased Land in Original Condition. Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 -FORCE MAJEURE Except as to the acts of default enumerated in Article 9, Sections 9.1-9.2 and 9.4-9.6,in the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE, due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade,insurrection,riot,fire,flood,explosion,earthquake/tsunami,civil disturbance,or war,and which are not due to the fault or neglect of any such party and beyond its reasonable control,the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. Prior to claiming relief under this Article,the party claiming the benefits of this Article shall,within five(5)days after the occurrence of the force maj eure event upon which it relies,give written notice to the other party stating its intention to claim the benefits of this section and shall state the reason or reasons for such claim. The failure to provide such notice will constitute a waiver of the right to claim the benefits provided by this clause.No party shall be permitted to rely upon this Article to avoid any obligations under the LEASE on account of the novel coronavirus (COVID-19)or any impacts relating to COVID-19,or any similar epidemic or pandemic,it being the parties understanding that such a pandemic or epidemic is reasonably foreseeable. This Article shall not be used to excuse the LESSEE's obligation to pay rent or additional rent due under this LEASE. ARTICLE 9 -LESSEE'S ACTS OF DEFAULT Each of the following shall be a"LESSEE Act of Default"under this LEASE and the terms "acts of default" and"default" shall mean,whenever they are used in this LEASE,any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty (20) days from the due date thereof, the rent required to be paid under this LEASE. 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty (30) days after written notice specifying such failure,requesting that it be remedied,and stating that it is a notice of default,has been 00961687.DOC 10 77 given to LESSEE by CITY;provided,however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors,the filing of a petition in bankruptcy by LESSEE,the adjudication of LESSEE as insolvent or bankrupt,the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property;or the commencement of any proceeding relating to LESSEE under any bankruptcy,insolvency,reorganization,arrangement,or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska,or any conditions of any permits issued by agencies of the City of Seward,the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land,pursuant to the regulations of such agencies,for a period of sixty(60)days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE; provided, however,if such violation be such that it cannot be corrected within the applicable period,it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore, if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued;provided,however,that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage,interruption,or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear. ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code 00961687.DOC 11 78 (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal. 10.2 CITY may re-enter the Leased Land and take possession thereof and,except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above, remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process,all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY,CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter 00961687.DOC 12 79 existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses, conveyor systems, ditches, sewer lines, water lines, dikes or berms and similar improvements, shall become the property of CITY upon termination of this LEASE for any reason; provided, however, that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY, and at LESSEE's sole cost and expense. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the individual character and financial capability of LESSEE. Therefore,LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument, to an institutional lender("Lender")for development of or operations on the Leased Land,provided that Lender shall be subject to all obligations of LESSEE under the terms of this LEASE upon foreclosure. CITY shall furnish Lender, at the address provided to CITY by Lender in writing,with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right(without being required to 00961687.DOC 13 80 do so and without thereby assuming the obligations of LESSEE under this LEASE)to make good such default or breach within thirty (30) days after written notice specifying such breach. Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money,shall undertake within thirty(30)days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. Upon foreclosure or other assertion of its security interest, Lender may further assign, transfer, or dispose of its interests, provided that any subsequent assignee,purchaser,or transferee shall remain bound by each and every term of this LEASE. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE as that term is defined by AS 10.06.990(2) or Alaska limited liability company in which LESSEE maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend,indemnify,and hold harmless CITY,its officials, employees,agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage,death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence,LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend,indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 -INSURANCE 00961687.DOC 14 81 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense,comprehensive commercial general liability insurance with limits of liability of not less than TWO MILLION DOLLARS($2,000,000)for all injuries and/or deaths resulting to any one person and TWO MILLION DOLLARS ($2,000,000) limit from any one occurrence. The comprehensive commercial general liability insurance shall include coverage for personal injury,bodily injury, and property damage or destruction. Coverage under such policies of insurance shall include collapse and underground property damage hazards. Contractual liability insurance coverage in the amount of not less than TWO MILLION DOLLARS ($2,000,000) is also required. LESSEE shall obtain owned and non-owned automobile liability insurance with limits of liability of not less than ONE MILLION DOLLARS($1,000,000)per occurrence combined single limit for bodily injury and property damage. LESSEE shall also maintain workers'compensation insurance as required under Alaska law. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land,increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. All insurance policies shall provide for thirty(30)days'notice of cancellation and/or material change to be sent to CITY at the address designated in ARTICLE 33 of this LEASE. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY (Best's Rating B+or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY,on forms approved by CITY,certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles are subject to approval by CITY. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense,additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. LESSEE agrees that its policies of insurance will include a waiver of subrogation clause or endorsement releasing CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way 00961687.DOC 15 82 of subrogation or otherwise,for any loss of any kind(including damage to property caused by fire or any other casualty),even if such loss shall have been caused by the fault or negligence of the CITY,its elected or appointed officials,employees or volunteers,or others working on behalf of the CITY. This provision shall be applicable and in full force and effect with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE's policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of LESSEE to recover thereunder except as against CITY (including its elected and appointed officials, employees and volunteers, and others working on behalf of CITY) during the time of LESSEE's occupancy or use. ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity,CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority; provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen(15)days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use,LESSEE determines that such partial taking will not prevent it from continuing to operate,then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 -ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties,may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.300 et. sec.), as it now exists or may hereafter be amended from time to 00961687.DOC 16 83 time,and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other party a request for arbitration or the party receiving a request shall have twenty(20)days to consent,in writing,to the use of arbitration to resolve the dispute. Failure of either party to consent will preclude the use of arbitration for that dispute. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation,nor any claim based on conduct that is a felony crime in the State of Alaska. c) Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who(a)has not less than five(5)years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each parry,commencing with the parry demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage,Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party,at least thirty (30) days in advance of such hearing, (i) the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof,if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE,in as good condition as received or constructed by LESSEE, subject to normal, non-abusive use. CITY, at CITY's sole option and expense, may, prior to the commencement of construction by LESSEE, perform 00961687.DOC 17 84 maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading,filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire,pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty(30)days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest(as distinguished from a business risk),or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs,then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land,it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 -ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. 00961687.DOC 18 85 a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY.Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation,attorney's fees,court costs,litigation expenses,and consultant and expert fees)arising prior to,during,and after the term of this LEASE,and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest,or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out of CITY's sole negligence or intentional misconduct. This release includes, without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup, removal, or restoration mandated by a federal,state,or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge,leak,or emit,or permit to be discharged,leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City,or any governmental authority)does or may,pollute or contaminate the same,or may adversely affect the(a)health,welfare,or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. 00961687.DOC 19 86 d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims,demands,penalties,fines,judgments,liabilities,settlements, damages, costs, or expenses (including,without limitation, attorney, consultant and expert fees,court costs,and litigation expenses)of whatever kind or nature,known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence, disposal, release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; ii) Any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d)shall apply only if the acts giving rise to the claims,demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses(1)occur prior to or during the term of this LEASE;and(2)arise,in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors,authorized representatives,subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes,LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic,ignitable,reactive,or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste,hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes,without limitation,petroleum,including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE,Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human 00961687.DOC 20 87 health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing,Alaska Statutes Title 46,the Resource Conservation and Recovery Act of 1976,the Comprehensive Environmental Response,Compensation and Liability Act of 1980,the Clean Water Act,and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal,state, or local government or agency required by any permit or Environmental Law,including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager, may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits,in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence with and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice,including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 -ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days'prior written request by the other party,execute,acknowledge,and deliver to such party,or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments),that there are no defaults existing(or,if there is any claimed default, stating the nature and extent thereof), and stating the dates to which the rent and other charges have been paid in advance. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants,"as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 -NO WAIVER OF BREACH 00961687.DOC 21 88 No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term,covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other then existing or subsequent breach. ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last,unless the last day is a Saturday, Sunday, or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms,covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 -ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void,or unenforceable,the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 -RELATIONSHIP OF PARTIES 00961687.DOC 22 89 Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of j oint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE,nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 -INTERPRETATION The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles,paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 -AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 -NOTICES All notices,demands,or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD P.O. Box 167 Seward, Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Joseph Tougas P.O. Box 825 Seward, Alaska 99664 00961687.DOC 23 90 Each party shall have the right,from time to time,to designate a different address by notice given in conformity with this Article. ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND IN SMIC LESSEE acknowledges that the CITY OF SEWARD lacks the personnel and resources to provide onsite fire protection in the Seward Marine Industrial Center,and emergency response time may be longer than for other areas in Seward. LESSEE accepts the risks inherent in conducting its operations in this area and willingly assumes,at its sole cost and risk,the obligation to provide fire protection to its operations on Leased Land in SMIC, and fire prevention to industry standards to minimize risks to adjacent facilities and nearby operations. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE: CITY OF SEWARD JOSEPH TOUGAS Scott Meszaros, City Manager seph Tougas/ Date: Date: ATTEST: Brenda Ballou City Clerk 00961687.DOC 24 91 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2020, by Scott Meszaros, City Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of A 14 4 u S 7-2020, by Joseph Tougas who executed the foregoing document. ���\\\1111t1tl�ll�ll/f//////� v I ��\O�� ioR .. ��., �, Notary Public in and for Alaska p My Commission Expires: 00961687.00C ?� 92 1806 Alameda Street. CATALYST Po Box 825 Seward,AK 99664 MARINE Phone: 1-907-362-1900 ENGINEERING Fax: 1-907-224-5900 To: Seward Harbormaster Norm Regis 11/21/2019 SMIC Lease lots After our discussion November 21'2019 Catalyst Marine Engineering would like to secure long-term leases on the two lots adjoint the eastern lot line of Sewmar. Parcel ID numbers 14534024& 14534025 totaling 0.62 acres combine. We are aware that the properties mentioned above might be caught up for a period in transfer.Once the City of Seward is ready to move forward with lease assignment CME will be ready to complete the assumption. Respectfully, Joseph C. Tougas President/Owner Catalyst Marine Engineering Exhibit A 93 , � 6 'o T , USI ANG r _1 Pf �. SMIC Lot 5 Block 3 ® Parcels Q City Limits Location Map - 0 240 480 960Feet Seward Marine Industrial Center :; Lot 5 Block 3 N Tougas Lease Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Drawn By: EAK 07/29/2020 94 Exhibit C MaeSwain Associates LLC Parcel 41 � III R:`-, fl•Y�� n C'?+�,�7: U:1 ., t r v lack 8 1' rrnrm�l c 1 v _ �F 1•• A { Ki S�.Ij I• i Co Sllt1JCCt ,� `� �'t d 1 _ Tract A {`I li 111�k I ° f 1 + 1 t I 1 � ,nM -t y•. 1 yRTY i ul to 7`,,W A a c• t '; I `s it 1 I � I 1 i•., { I - 1 rust A M 3 y 2 1 20-3377: City of Seward Leases 95 Mac.Swain Associates LL�� Exhibit C Subject Property Data, Analysis, & Valuation: Parcel 41 - i�moun�� Lessee: Raibow Fiberglass&Boat Repair, LLC Property Lease No: I6-051 Identification Location: Northwest corner of Mustang Avenue and Olga Street, SMIC Legal Description: Lot 5, Block 3, 4te of July Creek Subdivision, SMIC Current Use: Marine industrial Subject Property Photograph Inspection Data Date Inspected: February 6, 2020 .Inspected By: MacSwai❑ Associates, LLC Representative: No response Sale History No known sales in the past three years 20-3377: City of Seward Leases 194 96 MacSwain Associates LLC I Exhibit c Site Size/Shape: 13,521 SF or 0.31+acre/ Site Description rectangular Waterfrontage: None Access/Street Improvements: Mustang Avenue and Olga Street (gravel) Utilities: Public Water: None Public Sewer: None Electricity: Seward Public Utilities Telephone: TelAlaska Topography: Level Easements and Restrictions: None noted Other Features: Corner site Zoning: I, Industrial Parking: On site, required Assessor No: 145-340-25 Assessment Data 2019 Mill Rate: 9.29 2019 Assessed Land Value:* $38,900 ($2.88/SF) *Assessed land value represents fee simple value estimate Highest and Best Use The demand for land in the Seward Marine Industrial Center is (HABU)Analysis As increasing; however, ample land remains available for development. Vacant As additional lessees enter the SMIC market, we anticipate upward pressure on land value. Market analysis of existing and contemplated land uses further suggests the highest and best use of the subject would be marine industrial. 20-3377: City of Seward Leases 195 97 MacSwain Associates LLC Exhibit C Market Analysis and From the market data discussed in Chapter 7, we have selected the Property Valuation following comparables as being the best data available. Table of ConVarables ConWared to Parcel 41 No. Location Sale Date Sale Price Size (SF) Price/SF 1 NEC of Seward Highway 11/18 $130,000 74,923 $1.74 and Seward Park Drive 7 Leirer Subdivision 2015-2019 Varies 20,000 to $3.13' 80,000 (typical) 8 North of Port Avenue and 7/19 $475,000 95,036 $5.00 Freight Dock 12 Depot Road, Whittier 11109 $775,193 66,827 $11.60 NWC of Mustang N/A N/A 13,521 N/A Avenue and Olga Street 1. Current adjustment price based on typical$0.26 to$0.27/SF annual rental rate Comparative Land Comparable 1 is a 1.72-acre parcel with Seward Highway frontage, Value Analysis approximately three miles north of the Seward Small Boat Harbor. The property is unzoned, and has historically been used for industrial yard storage. Access is from Seward Park Drive,just off the highway. By comparison, upward adjustments are necessary for inferior location and size differential Comparable 7 is located just north of the Small Boat Harbor in an industrial neighborhood known as Leirer Subdivision. These comparables are rated superior due to location, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Comparable 8 is a recent ARRC lease transaction located north of Port Avenue and the ARRC Freight Dock. This lease reflects a fee value of$5.00 per square foot for 95,036 square feet. Comparatively, this transaction is superior in terms of location. Conversely, size differential is inferior warranting a partially-offsetting upward adjustment. Overall, this comparable is rated superior. Comparable 12 involves a sale in Whittier in which the ARRC became the buyer/land lessor, and leased the land back to the original buyer for 8% of the sale price. The sale price was$775,193, indicating a unit value of $11.60 per square foot for 66,827 square feet. In comparison, this transaction is rated superior due to economic 20-3377. City of Seward Leases 196 98 MacSwain Associates LLC Exhibit C character and conditions of sale, but inferior in terms of size differential. Overall, a downward adjustment is necessary. Land Value Based on the preceding analysis and a complete review of the other Conclusion comparables, the market value is estimated to be in the $2.50 to $3.00 per square foot range. This develops: 13,521. SF at$2.50/SF= $33,803 13,521 SF at$3.00/SF=$40,563 Land Value $35,000 20-3377: City of Seward Leases 197 99 Sponsored by: Planning & Zoning Commission Introduction Date: August 24, 2020 Public Hearing Date: September 14, 2020 Enactment Date: September 14, 2020 CITY OF SEWARD,ALASKA ORDINANCE 2020-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ZONING DESIGNATION OF LOTS 3, 4-5 AND N1/2 LOT 6 BLOCK 16 ORIGINAL TOWNSITE SEWARD FROM MULTI-FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CB) WHEREAS, the property owner of Lot 3 Block 16 Original Townsite Seward submitted an application to initiate a rezoning and paid the requisite filing fee, requesting their lot be rezoned from Multi-Family Residential (R3) to Central Business (CB); and WHEREAS, the property owner of Lot 4, 5 and the N1/2 of Lot 6 Block 16 of Original Townsite Seward signed as a co-applicant adding their property to the area to be amended; and WHEREAS, the proposed area to be amended includes two (2) tax parcels containing approximately .24 acres; and WHEREAS, the existing western Central Business (CB) boundary is contiguous to the parcels proposed to be rezoned as Central Business (CB); and WHEREAS, the current zoning designation of the parcels is Multi-Family Residential (R3), and the future Land Use Plan map recommends the parcels be zoned Central Business district(CB); and WHEREAS, Seward City Code Section §15.01.035 (b) (3) allows the consideration of this rezone because the rezone would alter the existing zoning designation to the contiguous zoning designation and would bring these specific parcels into conformance with the Land Use Plan as approved by City Council in the 2030 Comprehensive Plan; and WHEREAS, the Central Business District (CB) provides for an area of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on July 21, 2020; and 100 CITY OF SEWARD, ALASKA ORDINANCE 2020-011 WHEREAS, at the July 21, 2020 meeting, the Planning and Zoning Commission reviewed the application, held a public hearing, and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The Seward City Council hereby authorizes the amendment of the official Zoning Map of the City by amending the zoning designation of Lots 3, 4-5 and N 1/2 lot 6 Block 16 Original Townsite Seward from to Multi-family residential (R3) to Central business district (CB). Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 14th day of September, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 101 Council Agenda Statement Meeting Date: August 24, 2020 To: City Council Through: Scott Meszaros, City Manager; Jackie C. Wilde, Community Development Director_5R5 From: Eric A. Kozielski, Planner Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And N'/z of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) BACKGROUND & JUSTIFICATION: This Ordinance will amend the zoning designation of Lots 3, 4-5 & N1/2 Lot 6 Block 16, Original Townsite of Seward (OTS), from Multi-Family Residential (R3) to Central Business District (CB). (Exhibit "A") The property owner of Lot 3 Block 16 Original Townsite Seward, submitted an application to initiate a rezoning and paid the requisite filing fee on May 8, 2020. The proposed area to be amended included three (3) parcels consisting of approximately .31 acres. The applicant requested this rezone to bring the lots into conformance with the Land Use Plan and to provide for future commercial uses allowed within the Central Business (CB) district, possibly for a communications tower. The Resolution was brought to the Planning and Zoning Commission for public hearing June 2, 2020. The application was postponed due to a conflict between co-owners of Lot 2 BIock I6 where none controlled a majority share, and for staff to request support from nearby property owners to rezone all the Multi-family (R3) zoning between Jefferson and Adams Streets, Blocks 16 & 17 OTS, bringing this entire area into conformance with the future Land Use Map. Staff mailed eight letters to owners of these Multi-family (113) zoned properties on June 16, 2020, explaining the rezone and requesting comment. Staff made phone calls by June 22, 2020 explaining the letters and requesting whether the owner supported a rezone of 102 Council Agenda Statement Page 2 of 4 said area. Responses were accepted through June 30, 2020 so they may be tallied for the commission meeting. There was a 62.5% response rate. Of those responding, 60% opposed being included in rezoning the entire area but only 40% opposed the original rezoning. 40% supported the original rezoning application or rezoning the entire area. At the rescheduled P&Z Commission Meeting of July 21, 2020, staff brought forward the original Resolution with the recommendation that Lot 2 Block 16 OTS be removed from the rezoning application. Staff further recommended that Commission examine whether this would constitute "spot" or contract zoning due to the increased zoning inconsistencies along Block 16. Per SCC §15.01.035 Amendments: Zoning and land use boundaries may be amended or repealed by City Council following procedures in the section 15.01.035 (b) (1) c. - The request to amend the zoning of LOTS 3, 4-5 & N 1/2 LOT 6 BLOCK 16, OTS was initiated by petition of a 100% majority of the property owners of this area to be amended. 15.01.035 (b) (3) - The request to amend the zoning of LOTS 3, 4-5 & NI/2 LOT 6 BLOCK 16, OTS contains Iess than one acre, approximately .24 acres, not including street or alley rights-of-way; However, the request to amend the zoning of LOTS 3, 4-5 & N1/2 LOT 6 BLOCK 16, OTS. would alter the existing R3 to the contiguous CB and would bring these specific parcels into conformance with the Land Use Plan as approved by City Council in the 2030 Comprehensive Plan. This contiguity was determined after research into the actual location of zoning district boundary lines in the originally adopted zoning map, (Exhibit "B"). INTENT: Amend the Land Use Plan and Zoning Designation of Lots 3, 4, 5 and N 1/2 of 6 Block 16, Original Townsite from Multi Family Residential (R3) to Central Business District (CB). Research was done to compare the currently depicted official zoning map as compared to the original official zoning map identified as the existing zoning map April 10, 1988 in ORD1989 626, and executed in the January 2, 1990 map. The original indicates the boundaries following the centerlines of streets and alleys; the current map depiction indicates boundaries at lot lines. None of the ordinances since officially adopting the map have made changes to the original street centerlines as the zoning designation boundaries. 103 Council Agenda Statement Page 3 of 4 CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017): 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans (page 1-14) 1. Update the zoning code to implement the Comprehensive Plan X and bring the zoning map into conformance with the Land Use Plan (page 1-14, bullet 3) Strategic Plan (Approved by Council Resolution 99-043): Pursue the community's vision through rigorous implementation of the 2. Comprehensive and Land Use Plans. (Pages 10 H, Large Bullet 2) X Update the Zoning Code to implement the Comprehensive Plan (Pages 10-11, Small Bullet 4) PUBLIC NOTICE: Property owners within three hundred (300) feet of the affected area were notified of this proposed land u,.e amendment. Public notice signs were po,;tc:d on each block in the area to be amended and all other public hearing requirements of Seward City Code §15.01.040 were complied with. The first round of public notice mailings missed co-owners on properties. The process for verifying the lot owners now includes an individual review of the Kenai Peninsula Borough Assessing Department ownership information for each lot affected. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department IT ATTORNEY REVIEW: Yes`X No PUBLIC COMMENT: Comment solicited from the eight letters to owners mailed June 16, 2020 are as follows. Leona Cange, the adjacent landowner to the south of the rezone area, submitted a letter of objection. Two other phone conversations with Ms. Cange reiterated those concerns. Ms. Coppock, the adjacent land owner to the north of the rezone area, stated in a telephone conversation with staff that there were several historical residences in this portion of Fifth Avenue and putting a commercial structure or communications tower here would change the character of the area. Ms. Coppock was also concerned that staff would seek support 104 Council Agenda Statement Page 4 of 4 to rezone all the Multi-Family zoned lots in the area. Mr. Hearn, one of the land owners across the street to the east of the rezone area, stated he did not want to be involved in a rezone but had no comment otherwise. Mrs. Clemens, another of the land owners across the street to the east of the rezone area, stated she and her husband agreed that they support rezoning the entire area, but this phone conversation was after the deadline on July 20, 2020, and would not have made a majority of lot ownership in support of rezoning the entire area. Of those other owners in support, Mr. Cannava was interested in the ability to develop a commercial use on his lots but had no plans to at this time. Ms. Casagranda has commercial plans for her lot and desires this rezone so that she may move forward on them. Public comment at the June 2, 2020 meeting included objection to the rezone from the co-owner of Lot 2 Block 16 OTS, Meghan Coppock. Ms. Coppock stated she was against any additional commercial uses on this portion of Fifth Avenue, that the character of the immediate area was historical and residential. She also brought up her concern that the procedure used for public noticing could be missing property owners. The applicant Ristine Casagranda spoke on behalf of the rezoning for allowing for commercial uses on the property and bringing the parcels into conformance with the Land Use Plan. During the July 21, 2020 public hearing Ms. Cange's letter was part of the Agenda Packet and cited the historic and residential character of the area. Ms. Casagranda spoke in support of the rezoning citing the conformance to the land use plan and new economic opportunities. Ms. Coppock spoke in opposition to the rezoning based on the residential and historical character of this area as a boon to the overall character of town. Ms. Griswold spoke in opposition to the rezoning stating that this would be considered spot zoning and against the law. RECOMMENDATION: The Planning Commission approved the proposed application by a vote of 5 to 1. Based on the small area of the rezoning, the inconsistency created in the zoning of this area, and the potential for intense commercial development to sandwich residential dwellings, community development recommends City Council examine the potential for spot zoning prior to a vote,just as recommended to the Commission. Ordinance 2020-011 105 Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) Exhibit "A" 335,331 FIRM Ave Parc els O Single Family Residential Mufti Family Residential -Urban Residential -orrice Residential I' -Auto CDm mercial Central Business District 0 I nstlu tlonal -Park 2 E= ER h w rc t x + I�p ivd, 5 r t mm. I i L n 4' r p r Zoning/Location Map- 335, 331 Fifth Ave Request to Rezone lots from Multi family(R3) N Lots 3,4-6&N112 Lot 6 Block 16 to Central Business(CB) Original Townsite Seward d RerenF data sourer property fines and serial imp= __ _. - 1i correctly.MAP,is to ea used For orientation and rerF• _: p sea cn y. D.—Sr: EAK 07/291r2020 106 Agenda Item: Ordinance of the Seward City Council, Amending the Zoning Designation of Lots 3, 4-5 And Nl/2 of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3) to Central Business District (CB) Exhibit `B" From the January 2, 1990 Zoning Map— Color added -_ AC __ $p P j J R -� AC 3 } AC -� IC \ BS _ j yIXTH Avi AC -------------- 107 City gl'Sot,ard, Alaska Seward Planning& Zoning Commission Alinules June 2. 2020 IWume 7, Page 400 Motion (Hatfield/Swann) Postpone this item until the July 7, 2020 meeting Motion Passed Unanimous Resolution 2020-06 Recommending City Council.Approval Of The Rezoning Of Lots 2,3,4- 5 And N% Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Kozielski described the location proposed to be rezoned from Multi-family (R3) to Central Business(CB)and identified the properties for consideration. Kozielski stated that the application indicated the purpose of the re7011ing was to bring the property into conformance with the land use plan and allow for a wider variety of uses, including the possible location of a communication tower. Kozielski stated that the 2030 Comprehensive Plan recommended implementing the land use plan and noted the ways in which this application for rezoning met code requirements for consideration of a land use amendment. Kozielski stated that required public noticing guidelines were followed for this hearing item. Kozielski discussed surrounding land uses and ?oning designations. Kozielski stated that staff reviewed the application and no objections were received. Kozielski stated that prior to publication he answered one public inquiry as to the location of the proposed rezoning, and that after publication of the packet, a second property owner of one of the properties signed on to the application came forward in objection to the proposed rezoning. Kozielski stated the staff recommendation is to postpone this item to consider adding the remaining Multi-Family residential property to the south to eliminate a spot zone and to also consider adding the Multi-Family residential properties across Fifth Avenue bring the area into conformance with the future land use plan. Commissioner Liz DeMoss stated a potential conflict in that she has a business relationship with the applicant. DeMoss further stated that she has no interest in any of the properties affected by this application. Chair Ecklund directed the Commission to discussed the potential conflict and the Commission ruled that a conflict did not exist and Commissioner DeMoss remained at the dais. Chair Ecklund opened public hearing on this item Ristine Casagranda, inside city, provided background on how she purchased the property from the previous owner and then learned that it was zoned Multi Family and subject to use and development restrictions, specifically about setback requirements in the R3 zoning district. Casagranda stated that she was then contacted by a representative inquiring about locations for a communication tower and began considering that as a potential use of her property. Casagranda stated that she is not attached to any specific development plan for the property at this time. Casagranda discussed the process in which her application is being reviewed, and has a problem with the recommendation that other properties would be added to her application when she spent the time putting it together and paying a filing fee. Casagranda stated she does not object to the 108 C'ly of:SeHYard, 4laska Sovard Planning& Zoniiag Commission Minutes June 2. 2020 !Volume 7, Page 401 proposed addition of the other properties, but feels that if the City pursues that then she ought to receive a refund of her filing fee. Meghan Coppock, inside city. stated that she has owned the property to the north for 22 years, and that the co-owner has been outside the state of Alaska for 21 ir2 of those years. Coppock stated that this is her primary residence, and she is in the process of a historic renovation of the home. Coppock stated that she was not informed or consulted about the proposed rezoning and does not consent to her home being rezoned. Coppock discussed the surrounding historic homes on the street and stated she did not want to see the historic character of the neighborhood changed. Motion (CharbonneauJSwann) Approve Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-5 And NYx Of Lot 6 Block 16 From Multi-Family Residential (113) To Central Business District(CB) Motion (Swann[DeMoss) Amend the title of Resolution 2020-06 to add the words "Original Townsite of Seward" after"Block 16" Motion Passed Unanimous Charbonneau stated concerns that this action would leave one lone 10 zoned property in the middle of the block. DeMoss asked if it was typical that a property- owner should seek to bring adjacent properties into conformance with the future land use map when seeking a similar change for their own property. In response, Kozielski discussed a recent rezoning of properties in Forest Acres that had a similar issue. Ecklund and Wilde discussed the process by which this item would he re-advertised for public hearing to include the other R3 zoned properties in the area. Swann asked staff if a property owner objecting to a zoning change would not have to be included,. to which Wilde affirmed. Discussion followed relating to code requirements for enacting land use amendments and development requirements for R3 and CB zoning districts. Chair Ecklund relaxed the rules to ask the applicant additional questions.Casagranda stated that she would prefer to see this move forward with no further delay, but stated that is Commission deems this better for the community then she will be patient. Back on the rules. Swann stated concerns about requiring that a property owner change their zoning to CB, due to the residential setback requirements ascribed to CB lots that are adjacent to residential zoned lots. Wilde stated that staff would contact property owners in the area to get a clear understanding of their wishes and bring it back to the Commission, DeMoss asked if there was any way to allow the applicant to move forward with her plans while staff researched this question, noting that there would likely be much discussion about the rezoning, while the applicant is being required to hold off on their plans to develop. Wilde and Demoss discussed the public notification process. DeMoss reiterated concerns about putting the applicant through unnecessary delays. Ambrosiani asked why the Commission should delay this for lack of notification when the individual who was not notified by mail still heard about it and had opportunity to speak. and further asked if staff was going to use a rezone application to bring 109 City qfSeward,Alaska Selvurd Planning& Zoning Commission Minutes June 2, 2020 Volume 7, Page 402 nearby properties into conformance with the land use map,then why is an application fee collected in the first place.Wilde discussed the zoning application fling fee and process, and stated that city staff does not initiate zoning changes, but makes recommendation to Commission when citizens initiate a request, or makes recommendations for zoning changes as directed by Council or the Commission. Motion (Charbonneau/Hatfield) Postpone Resolution 2020-06 until the July 7, 2020 meeting Ambrosiani stated that he wanted to see a date given for the next hearing, and the motion was rephrased to include the date of July 7"'. Swann reiterated that an objecting property owner should not be required to change their zoning. Hatfield asked what would be done in a situation in which two property owners disagreed, to which Wilde replied that both property owners would need to be in agreement to affect a zoning change. Ecklund stated that she wanted to postpone this because the title was incorrect and it was not properly noticed from the outset Motion passed AYES: Swann,Ambrosiani Charbormeau, Seese, Hatfield,Ecklund NOES: DeMoss UNFINISHED BUSINESS - none NEW BUSINESS Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 2021 Wilde recapped the joint work session between Council and Commission and stated that this is an annual resolution item. Motion (Swan n/Am b rosiani) Approve Resolution 2020-07 Recommending City Council Approval of The Planning And Zoning Commission Priorities From April 2020 To April 202t Swann discussed the priority regarding communication tower education and suggested adding an action. Swann stated that this had been a priority for years and the Commission should move forward on it. Ecklund wanted to state that nuisance abatement is an ongoing issue, and the priorities should be changed to use the word 'ongoing' Motion (Swann/Ecklund) Amend priority number 6 to include "and recommend draft ordinance to Council" 110 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 407 Motion Passed AYES: Hatfield, Swann, Seese, Charbonneau,DeMoss,Ecklund NOES: none Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4- 5 And NI/2 Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Kozielski stated that this item is being brought back for a second public hearing and provided a summary of discussion from the June 2, 2020 meeting. Kozielski described the location proposed to be rezoned from Multi-family (R3) to Central Business (CB) and identified the properties for consideration, described the purpose of the requested rezoning as stated by the applicant, and discussed surrounding land uses and zoning designations. Kozielski stated that he had contacted all R3 property owners within this area to advise them of the potential areawide rezoning, answer questions, and gauge their interest. Based on these conversations with property owners, the consensus was neutral to negative for rezoning the whole area. Kozielski stated that the owner of Lot 2 objected to the original application and wanted their property withdrawn form the resolution. Kozielski stated that the public notification process was complied with and there were no staff concerns with the rezoning. Kozielski summarized all public comments received prior to this hearing. Kozielski provided analysis on whether this constituted spot zoning. Kozielski stated that staff recommends deleting Lot 2 from the resolution, due to the objection of the owner, and that Commission discuss the original resolution as brought forward by the applicant. Chair Ecklund opened public hearing on this item Ristine Casagranda,inside city, stated that she is the applicant for tonight's rezoning. Casagranda stated that she had some confusion over the process followed by staff, wherein nearby property owners were contacted to join a rezoning application. Casagranda questioned whether the process followed by staff was supported by City Code. Casagranda discussed her interpretation of the rezoning process, and how that process aligns with the comprehensive plan, stating that she thought the intent was rezoning to fit the future land use plan gradually and by initiation of a property owner. Casagranda stated that one of the objecting parties to this item should have known that their property was set to be zoned commercial by the future land use plan, but she does understand the objection of her neighbor who has been in their home for a long time. Meghan Coppock, inside city, stated that she is a neighboring property owner who learned of this rezoning application just prior to the last hearing. Coppock stated that she objected to the proposal at the last meeting and learned of a possible cell tower being placed next door to her. Coppock stated that even if she didn't own property on this block, she would oppose rezoning, particularly to allow a cell phone tower in downtown. Coppock discussed the historical nature of the neighborhood,stating that rezoning to commercial would have a detrimental effect on the character of the neighborhood. Coppock stated that she is concerned about the impact a cell tower would have on her property value, as she is in the process of completing a historic renovation to her home. 111 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 408 Chair Ecklund closed public hearing. Motion (Swann/DeMoss) Approve Resolution 2020-06 Recommending City Council Approval Of The Rezoning Of Lots 2,3,4-5 And Nl/Z Of Lot 6 Block 16 From Multi-Family Residential (R3) To Central Business District(CB) Swann stated that he would like to amend the resolution to delete Lot 2,based on public comments. Staff stated that they had just been contacted by a member of the public stating that they had signed up to speak. Chair Ecklund suspended discussion of the amendment and opened public hearing. Carol Griswold, inside city, stated that this land use amendment constituted an illegal spot zone. Griswold cited the Alaska Supreme Court decision that in addition to conformance with a land use plan, a rezone must show benefit to the community, not an individual property owner. Griswold stated that improved communications may be beneficial to the public but that a tower at this location may not be justified. Griswold stated that an increase of potential commercial uses must also be considered, as well as the change in development requirements that goes with CB zoning. Chair Ecklund closed public hearing. Ecklund asked staff to point out the location of Lot 2, and to point out the other lots that are included in this resolution. In response to Hatfield Kozielski stated that he had not heard from the co-owner of Lot 2 who signed the application, but that since they do not control a majority share of the property, staff recommended removing it from the resolution. Motion (Swann/DeMoss) Amend the title of Resolution 2020-06 to delete"Lot 2"and all references to"Lot 2" throughout the resolution Motion Passed AYES: DeMoss, Charbonneau, Hatfield, Seese, Swann,Ecklund NOES: none ABSTAIN: Ambrosiani Commissioner Ambrosiani joined the meeting partway through discussion and elected to abstain Hatfield asked to clarify that if a rezoning is supported by the Future Land Use plan that it does not need to meet the requirement of being at least one acre in size, to which staff affirmed. 112 City of Seward,Alaska Seward Planning&Zoning Commission Minutes July 21, 2020 Volume 7,Page 409 Charbonneau stated that the result of approving this application would result in further zoning inconsistencies on this block between R3 and CB zoning districts. Swann stated that this discussion was about a zoning change, not about potential locations for cell towers. Ecklund discussed the question of whether properties that were broken by rights of way would be considered contiguous, to which she and Kozielski agreed they were. Ecklund discussed the portion of City Code outlining the procedure for land use amendments. Motion passed as amended AYES: Swann, Seese, DeMoss, Hatfield, Ecklund NOES: Charbonneau ABSTAIN: Ambrosiani New Business Items requiring a Public Hearing Resolution 2020-08 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to John Wisel II to construct and operate two or more apartment units within a commercial building located at 213 Fifth Avenue in the Central Business district(CB) Kozielski stated that the applicant is seeking to construct a mixed-use apartment and commercial building in the Central business District, at 213 Fifth Avenue. Kozielski described the size of the parcel, the footprint size of the proposed development,and discussed parking requirements for the specified use within the Central Business District. Kozielski noted that the parking plan did not show dimensions and was arranged such that 2 spaces would be parked in, and an updated plan was not turned in before the meeting as requested during the staff review process. Kozielski stated that public notice process was followed per city code.Kozielski read the recommended conditions into the record Chair Ecklund opened public hearing on this item. Planner Kozielski stated that he had one citizen to call,the applicant, and had also received written comments from citizens who wished them to be read into the record: John Wisel II,inside city, stated that he had a concept design turned in for lower retail space and upper units. Wisel stated that this could be done in a timely manner and discussed inquiries he has received for businesses in the first-floor space. Mark Kulstad,inside city,wrote the following comment to be entered into the record I am writing to oppose Resolution 2020-08. I do not want to see a building built obstructing any more of my view than the previous building located at 213 Fifth Ave, also known as the Video Store. I believe the posting of the property notifying the public is deceptive in stating "Apartment", not Apartments. This discrepancy was brought to the attention of Kate, Stephen and Clinton, earlier this week. A reposting of the property should be mandatory. Parking is 113 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2020-06 RESOLUTION 2020-06 OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE REZONING OF LOTS 2, 3, 4-5 AND N'/2 OF LOT 6 BLOCK 16 FROM MULTI-FAMILY RESIDENTIAL (R3) TO CENTRAL BUSINESS DISTRICT (CB) WHEREAS, Applicant Big Mama Love LLC via owner Ristine Cassagranda has submitted an application and the filing fee, with and adjacent lot owners Charles Buswell, and Peter Cannava requesting Lots 2,. 3, 4, 5 & N1/2 6 Block 16, Original Townsite of Seward, be rezoned from Multi-Family Residential (R3) to Central Business District(CB); and WHEREAS, the current "Zoning Designation of the parcei,; iti Vulti-Family Residential (R3) and the Future Land Use map recommends the property be zonud +: ntral Business District (CBD); and WHEREAS, the Seward City Code SCC §15.01.035. Amendments, (b) (1 c) allows the initiation of the zoning change by a petition a majority of the property owners in the area to be amended WHEREAS, the Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone because the parcels are contiguous to the requested zoning district and would bring the parcels into conformance with the Land Use Platt; and WHEREAS, goal 3.2.2.1 of the Seward Comprehensive Plan is to, "Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans", and WHEREAS. an objective of the Seward Strategic Plan is to, "Work towards bringing the Zoning Map into conformance with the Land Use Plan"; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01,040 was conducted by the Commission on June 2,2020. 15YT30 Seward Planning and Zoning Resolution 2020-06 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning change of Lots 2, 3, 4, 5 & N1/2 6 Block 16, Original Townsite of Seward, be rezoned from Multi-Family Residential (R3) to Central Business District (CB); and recommends that Ordinance 2020 be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of June 2020. THE CITY OF SEWARD, ALASKA Cindy L. Ecklund Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: None ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 16YT30 P&Z Agenda Statement Meeting Date: July 21, 2020 Through: Jackie C. Wilde, Community Development Director From: Eric A. Kozielski, Planner Agenda Item: Resolution 2020-06 of the Planning and Zoning Commission of the City of Seward, Alaska, Recommending City Council Approval of the Rezoning of Lots 2, 3, 4-5 And N i/2 Of Lot 6 Block 16 Original Townsite Seward from Multi-Family Residential (R3)to Central Business District(CB) This resolution was brought.forward on June 2, 2020 for a public hearing and was postponed; it is corning back tonight for a second public hearing. BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2020-06, amending the /.o n'fflu desi��nation of Lots 2, 3, 4-5 & NI/2 Lot 6 Block 16, Original Townsite of Seward. Irorn `Julti-Family Residential (R3) to Central Business District(CB). (see attached rnap) The applicant submitted for a Land Llse flan Amendment - Rezoning and paid the requisite filing fee on May 8, 2020. The proposed area to be amended included three (3) parcels consisting of approximately .31 acres. The applicant is requesting this rezone in order to bring the lots into compliance with the Future Land Use Plan approved in the 2030 Comprehensive Plan and to provide for future commercial uses allowed within the Central Business District, possibly for a communications tower. The Central Business District (CB) is intended to provide for an area of convenient, attracti�e, concentrated commercial development primarily intended for retail, t'manci 1, entertainment and professional services occurring within enclosed structures. 1�e�jl.d Lions applying to this zone are designed to encourage a compact group of husinesses cif the I' Pe which are mutually beneficial and located close enough together to C11COi11'a"e W,11 :-111 trade. I h,, I Marie 1.<i►id Use Map approved in the 2030 Comprehensive Plan. delineates Lots 2,. _3. 4-� & N 9 i2 Lot 6 Block 16, Original Townsite of Seward,as Central Business District K'13). These lots are currently zoned Multifamily District (R3). The area is less than I acre; however, the requested rezone meets the requirement for public hearing per Seward City Code SCC §15.01.035, Amendments, (b) (3) which allows the consideration of this 17Yn O Seward Planning and Zoning Commission Agenda Statement— Resolution 2020-06 Page 2 of 5 rezone because the parcels are contiguous to the requested zoning district or would bring the parcels into conformance with the Land Use Plan. SURROUNDING LAND USE AND ZONING North of the requested rezone is. Lot 1 Block 16. It is zoned Ventral Business District (CB) and contains a General Commercial business. To the south is one parcel, SI/2 Lot 6 & Lots 7-8 Block 16. This parcel is zoned Multifamily Residential (R3)there is one Residential Dwelling existing. The lots east across 5`h Ave. are zoned Central Business (CB) and Multifamily Residential (R3). There are 3 Residential Dwellings on 30' lots and 5 Residential Vacant lots making up 3 parcels. Three of the vacant lots are used as off-street parking sites for hotels. The lots directly west across the ally are zoned Central Business (CB). There are currently Commercial Businesses and Residential Vacant lots across the alley from the rezone area. FLOODPLAIN STATUS All of the lots are located in FEMA designated,.Zone X. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved lry Council May 30, 20171: 3.2.2.1 Maintain community vision through the rigorous implementation and update of the Comprehensive and Land Use Plans(page 1-1 4) l. * Update the zoning code in order to implement the Comprehensive Plan X and bring the zoning map into conformance with the Land Use Plan (page 1-14, bullet 3) 15trat,egic flan (Approved by Counc�r I'.li--tic iYlc community's vision through rig n. ,: in , ,t11.,".'.r;iiic!II =: i the 2. ,mI)ic1,°n , and Land. Use Plans, i l' ._,t., 10-11. .:; it J ?y X 1. pdate lh., I,.till Code in order to IniI71e i�lent the t_ m� -jrehen_sive Plan ! �Pq�1 BOO 4) Seward Cih' Code [' 15.01.035,Amen,i!nents(b): ( i i !_ 1,;tnges in 1'1is title ma% lie initiated by the following means: (c.) By I'el i[ion of a sli,iioritN of 117e property owners in the area to be amended.. 3. (3) 1 '•cch[ for an w-(' iimn.:e .ihering the boundaries of existing, contiguous X i7ni?, listri,_:• �r:,n to-din'tnee which brings a parcel into conformance itit (; Sr1L! uL I:trt. rdinance altering coning within the City shall be considered if the are,; orn passed by the proposed ordinance contains less than one acre, not including street or alley rights-of-way. 18%'1'3 0 i'd Planning and Zoning Commission i i Ala Statement— Resol ution 2020-06 3of5 STAFF COMMENTS: Staff has reviewed the Rezoning application and no objections were reported. Department Comments No Comment NIA Building Department r Public Works Department x Harbor Department x Police Department Electric Department x PUBLIC COMMENT; Property owners within three hundred (300) feet of the proposed land use action were notified of the requested rezone. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with, At the time of publication, staff has received one request for more information from an adjacent land owner but no comments. The first 300ft mailing missed the co-owner of Lot 2, 337 Fifth Avenue. Staff was made aware of this and that the co-owner objects to their property being rezoned. Staff had followed the normal procedure for this mailing and for receiving an application. Since this occurrence staff` has added additional steps for verification of all owners and will send mailings to any second address listed with the KPB Tax Assessing Department as well, Public comment at the first meeting included objection to the rezone from the co-owner of Lot 2 Block 16, Ms. Coppock. Ms. Coppock stated she was against any additional commercial uses on this portion of Fifth Avenue, that the character of the immediate area was historical and residential_ She also brought up the concern that the procedure used for public noticing could be missing property owners with differing addresses from the first listed in the assessor's information. The applicant Ms. Casagranda spoke on behalf of the rezoning for the purpose of allowing for commercial uses on the property and bringing the parcels into conformance with the Future Land Use map within the Comprehensive Plan. Any public comment received after this publication will be presented as a laydown to the Commission and the public at the July 21,2020 meeting. RECOMMENDATION: At the June 2'd public hearing staff recommended postponing to the July 7, 2020 meeting for the opportunity to contact the additional owners of parcels zoned Multi-family (113) between Jefferson and Adams Streets on Fifth Avenue. The purpose was to assess if there was support to change the zoning for all these lots to Central Business (CB). I Vf3 0 Seward Planning and Zoning Commission Agenda Statement— Resolution 2020-06 Page 4 of 5 Staff mailed letters to the eight (8) land owners, summarizing the proposed change and how it could change the land uses possible on their land. We also explained that given the current development requirements rebuilding would require greater setbacks from property lines than the homes currently have, if no change were afTected. The result of this inquiry is summarized as: The two (2) property owners bookending the proposed rezoning (including Lot 2 which is listed in the proposal) disagree with being included in the staff proposed rezone, and oppose the original rezone application. Two (2) of the parcel owners continue to support the rezoning either as staff proposed or just their lots. On the east side of Fifth Avenue, one (1) did not want to be included but had no further comment. Two(2) owners could not affirm they wanted to be part of the proposed rezone and had no comment on the individual lots being rezoned_ And one (1) offered no communication at all. Of those in objection, Ms. Cange has sent a letter to the commission which is included in the agenda packet. Ms. Cange did not speak but was in attendance for the first meeting. Ms. Coppock in a telephone conversation with staff, stated that there were several historical residences in this portion of Fifth Avenue and putting a commercial structure or communications tower here would change the character of the area. She was also critical of staff for promoting the rezone of all the multi-family lots on the block, she felt staff was working too hard to accommodate a rezoning. Mr. Hearn stated he did not want to be involved in a rezone but had no comment otherwise. Of those in support, Mr. Cannava was interested in the ability to develop a commercial use on his lots but had no plans to at this time. Ms. Casagranda has commercial plans for her lot and desires this rezone so that she may move forward on them. Based on the communication with owners, Community Development staff cannot recommend moving forward with rezoning all Multi-family parcels on Fifth Avenue between Jefferson and Adams Streets. Based on the opposition from the owner with greater land tenure for Lot 2, staff' recommends amending the rezoning application to remove Lot 2 from the original application prior to discussion on this rezoning. In removing Lot 2 from the proposed application, there is no longer contiguous zoning with Central Business (CB) and the proposed area is still less than one acre. With this recommendation it is necessary to examine whether this would constitute spot zoning or contract zoning. Does public necessity,convenience or general welfare require the rezone? Per the land use plan the public vision is to develop the Central Business district and increase the commercial density in this area. There is interest in this location for a possible communications tower which would increase the convenience 'for the C'ity'.s• residents, businesses, and visitors. regarding their connectivity to this technolok7 during peak usage times (Tourism Season). This area is- also part of the Historic District of Se-ward so any development 20YT30 Seward Planning and Zoning Commission Agenda Statement- Resolution 2020-06 Page 5 of 5 should be sensitive to the historic nature aj'the area. Does the rezone include at least one acre,excluding streets and rights-of-ways? The lots included in the or ginal staff recommendation was approximatelt.)an acre but that included all the remaining Multifamily (R3) zoned lots in the area between Jefferson and Adams on Fah Ave. The proposed rezone was approximately.31 acres, by removing Lot 2 that would be_24 acres approximately Does this small-parcel zoning constitute spot zoning? Does the proposed amendment comply with the comprehensive plan? The proposed amendment is consistent with the Comprehensive Plan as indicated in the Agenda Statement. However, in changing the zoning erf only 2 of the 8 parcels it takes an area with inconsistent zoning and increases the inconsistencies between ac#acent parcels, rather than decreasing those inconsistencies as is desirable. Would the Commission be willing to accept any of the permissible outright land asses in Central Business (CB) to locate between the 2 residential dwellings? A good example to consider is a communications tower as it is one possible use listed in the application ff not then, there could be a claim of spot zoning. What is the effect of the zoning amendment on the owners and on the community at large? The current zoning of Multifamily (R3) limits the devvlopment potential to a single dwelling unit residence on any Qf'the 30'frontage lots due to the .size of the lots. An..1 amItifamily development would require a Conditional Use Permit. By rezoning it bcii,ii1.� :?ie applicants'ability to develop their lots,for a commercial purpose. The adjacent land owners would potentially have a residential dwelling between 2 c01Ir1,101,cial businesses, or communication tower and businesses. TIIc community benefits would include the potential for a new commercial ente►pri.)t-, car Better cellular coverage. Fh .�: lots c+rc within the Historic District identified in the City of Seward Zoning 111up. ncc '71.,boric cC( ''S'ii,etman House" is adjacent to the lots proposed fir rezoning. The benejii io ih,, ;it o lots becoming commercial mcny he a detriment to the character (rf'the area and the r ;+ a(c:tu prope11111 011'ners. Does the size of the zoning amendment suggest that"spot zoning" is occurring? This is a •mall parcel zoning; Is the proposed area the ,rglwupriale houndories of the propo.�,ti omendment b(ised upon the alleged benefir, the lc• r)ne oi'i the communit}':' li?,- a71i11IMUM (11)propriate boundary for this to i),;oinwin Mc' 16c'oefi( I!i the community and tht t)I /6( ii onl(i loc'lu'le L7 C(112([Sll�ia[.� �T!'tJlr+'� �l' h;�i"C'('I1 ti,'J ibe west .side o1 l'Itl{? 1?u l arcc'l.� in objection it) lhi+ rc_ewc' .!?c' Ilia' ones that would he nc'c'cNNa1'i ,o ic_-wie with the applicants to avoid inconsistenci,to the(omprel?c i^,,±'.r'1Jh1?i. 21/ 3O u r i r P` � P L A• w , At 46 "7 WMA a:ML rp �a 0 Jai. F " ,L � q ;w .a , r ED _ • I ., gypJw 41, _•!�1y AN fr ij, wr • �'may, -�ri 1 tl � ., .: ,. r � .� ,,� ��• r _ �• fU z- E�w r 4. FFF MLL ��' t• away� i�* 4. �� _� e�4-� Im 7�i 6 Drlwn By: EAK 5/1912020 Rom"' � - • ■ , MD 150 300600 Feet qv MUM r r r ■ i �b�P k Legend a Rural Residential Single Family Residential .- - Two Family Residential C Multi Family Residential Urban Residential Office Residential I ; Harbor Commercial Auto Commercial Central Business District Industrial Institutional ,JIFFERS ® Park Resource Management i p,. Ud F t LLB Rezone of Lots 2, 3, 4-5 & N112 Zoning Map Lot 6 Block 16 Original Townsite N {lrawnBy: EAK 5/19/2020 Seward from R-3 to CBD e 150 300 600Feet Due to different data sources property lines and aerial imagery do not Mapping Assistance by Alaska Map Company,LLC overlay correctly.Map is to be used for orientation and reference purposes 23%f30 i N yp�.. g�},��y`N NDME LAND U JVIE 'T .. ,• t�s-tom:..-;,..mod-S ..-?-.,:.--j _`§t""a"t '""-r " Y y • -- A: � . c.' ....stir:• " La t `tk7'° r fif: *�a �•• acrFv�.(cnts�T #pares*�r._,. z with h h ati-y z tiny gw a 1 a tiy;°rhdit��� �� �,,k •�w� u�••w 24/T30 -mod,• .�.....".-.-.�...,, t>'7t i���3 �t� �kr j3'�3F3� rfpPS � ��1 what 4 t$'10 44 j, the ii — a . ' :r 'All s ,,;r12mts and Other h d FfIitt':"; . cr e u ad fear ac D7 minty it all apf t s:is are, Q[bC t9r " i'r3:id tilt tk71S sQ. S? t7!i b .- i! �# lS7kd ask" Fk rl not €ens k 1= # we c� i;,. d rant ���i1a naxt regularly :i v `e first TLJ :w?-'y Of orrery M' onth Zc�Mnq C c mr iss-do � t:# . . f I j s ✓ i a" mist t�e x 1�F`l{73C d s $ k� t2CY 1. COt7 of OW 'IMN O for mr z F. F ridicating '_ c SPAcift� vv'i u of Sewafcl, Fc The evvness irsw0 vacl irJ the raz,jTLad aca�-,. �epalr*te f' S! ilk s�raV y s 25%f30 R,sCEIPT# 33685 CITY OF SEWARD 5/o6/2020 410 ADAMS STREET • p0 BOX 167 Received SEWARD AK 99664 From phone: (907)224-4050 pnMq t Tvne _Cb Mk#00D1204 Due pests Lookups Check 300.00 11122 COMMUNITY DEVELOPMENT Tendered 300.00 Change Due Descr_ in!0 Re-Zone Application-Ristine Casagranda-335 5th Ave. Taxes Payable-Sales 19.63280.37 Zoning Fees 23043 0 July 1, 2020 Seward Planning&Zoning Commission Regarding: Resolution 2020-06 Commissioner's I attended the planning and zoning meeting on June 2 20M 1 felt that the majority of the homeowners that live on fifth avenue between Adams and Jefferson were not sufficiently represented. Or did they really have an idea how the change would impact the area. This area is in the original townsite of Seward and has considerable historic value. Seward is considered a small community with a significant historical background. To destroy the value you have to make more of an offer to tourists who visit the community would be a shame. The Seward historical society has worked hard to bring forward a plan to give the visitor another option while discovering more on their visit. I heard that one of the other options was a cell tower placed on one of the properties. If you look to the side of my property you will see that the city has several towers and satellite dishes in place. I do not object to them Toeing there because it is a safety issue for the citizens of Seward. But i do object to having another tower placed on the other side of my home, It was brought up that rental property is needed in Seward. At this time there are several multi units being build in and around the city. Look at the empty units that are standing today. Yes I know that tourism is down because of the Virus, but do we really need more empty units within our city ?And what about those units that are empty ? will they be foreclosed on in the near future ? I hope you give serious consideration to keeping the area in question a residential area, for the good of our community. Sincerely, Leona Cange 327 5th Ave. RECEIVED JUL 02 2020 Do- Per .. ....... !C_ 27ff30 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE "FISCAL YEAR 2020 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM — COVID-19 SUPPLEMENTAL (AFG-S)" FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $14,491.43, AND APPROVING THE 5% MATCHING AMOUNT OF $724.57 FROM THE SEWARD VOLUNTEER FIREFIGHTER OPERATING SUPPLY ACCOUNT PER GRANT REQUIREMENTS,AND APPROPRIATING FUNDS WHEREAS, the COVID-19 global pandemic struck the United States at the end of January, 2020, and the first Alaska cases were confirmed in March; and WHEREAS, the Seward Volunteer Fire Department runs under automatic aid when the Seward Volunteer Ambulance Corp has medical calls; and WHEREAS, over 75% of the emergency responses by Seward Volunteer Firefighters are medical; and WHEREAS, the health risks from COVID-19 far exceed what is normally encountered, causing a need for specialized personal protective equipment beyond the normal use, at considerable additional costs; and WHEREAS, recognizing this, the U.S. Department of Homeland Security offered a special Assistance to Firefighters Grant (AFG) for the purchase of needed supplies, which was applied for and which Seward was awarded $14,491.43 with a 5% grant match of$724.57 for a total budget amount of$15,216 through FEMA; and WHEREAS, this grant will be used to cover the costs of additional, specialized equipment for COVID-19 protection that the fire department cannot afford with its standard budget; and WHEREAS, equipment purchasing will include: isolation gowns that meet strict protection standards, pails of disinfectant, 3 ply personal protective face masks, face shields with spit guards, and isolation coveralls that are compliant with specific level 3 hazard protection under AAMI; and WHEREAS, this equipment will be used by both the Seward Volunteer Fire Department and Seward Volunteer Ambulance Corps; and WHEREAS, as a condition of this grant, the Fire Department is required to contribute non-federal funds equal to or greater than 5.00% of the federal funds awarded, or $724.57, for a 127 CITY OF SEWARD,ALASKA RESOLUTION 2020-066 total approved budget of $15,216. The $724.57 amount will come from the City of Seward Volunteer Firefighters operating supply account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Fiscal Year 2020 Assistance To Firefighters Grant Program — COVID-19 Supplemental (AFG-S) award in the amount of $14,491.43 is hereby accepted to grant revenue account no. 01000-1221-4251-0080 and appropriated to the Volunteer operating supplies account number 01000-1221-7215-0080. Section 2. The 5% matching grant amount of$724.57 will come from the City of Seward Volunteer Firefighters operating supply account 01000-1221-7215 per the grant requirements. The special supplies will be ordered upon acceptance of grant funds as stated in the grant application. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241h day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 128 Agenda Statement Meeting Date: August 24, 2020 ' To: City Council r Through: City Manager, Scott Meszaros From: Fire Chief, Clinton Crites Agenda Item: Accepting the 2020 FEMA Assistance to Firefighters Special COVID-19 Grant (AFG-S) from the U.S. Department of Homeland Security in the Amount of $14,49I.43, and Approving the 5% Matching Amount of $724.57 from the Seward Volunteer Firefighter Operating Supply Account Per Grant Requirements. BACKGROUND & JUSTIFICATION: Starting in January 2020, the world was faced with the COVID-19 pandemic. Emergency responders hurried to become educated and prepare themselves to be safe with better personal protective equipment (PPE). The Seward Fire Department volunteer emergency responders respond with automatic aid to Seward Volunteer Ambulance Corp calls. Over 75% of our department's emergency response calls each year are for medical events. As the Seward Fire Department worked to prepare for the pandemic, costs quickly increased. Thankfully, the Fire Department was awarded a FEMA Assistance to Firefighter Grant (AFG-S) to mitigate the effects of COVID-19 at Fire departments on August 5, 2020 in the total amount of $14,491.43 in federal funding from the U.S. Department of Homeland Security. The AFG-S summary award memo states, "the purpose of the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) is to provide funds for the purchase of PPE and related supplies, including reimbursements, to prevent, prepare for, and respond to coronavirus." This grant will be used to cover the costs of additional, specialized equipment for COVID-19 protection that the fire department cannot afford with our standard budget. Equipment purchasing will include: isolation gowns that meet strict protection standards; pails of disinfectant, 3 ply personal protective face masks; face shields with spit guards; and isolation coveralls that are compliant with specific level 3 hazard protection under AAMI. This equipment will be used by both the Seward Fire Department and Seward Volunteer Ambulance Corp. As a condition of this grant,the Fire Department is required to contribute non-federal funds equal to or greater than 5.00% of the federal funds awarded, or $724.57, for a total approved budget of $15,216.00. The $724.57 amount will come from the City of Seward Volunteer Firefighters operating supply account. 129 INTENT: To accept the FEMA AFG S award from the Department of Homeland Security,combined with our 5% required grant match of$724.57 for a total approved budget of$15,216.00. CONSISTENCY CHECKLIST: Yes No N/A -- -------- . .... g fP � PP.. f X _ _; _ _I Comprehensive Plan 2030 (docuument source here): 1. Volume 1 2.29 high level o protection and su ort re services, C Volume 2, 12.1 emerjeenc>> response 2. Strategic Plan 1999 (document source here):page 18,promote safety, X 3 Other(list): EOP June 2007 section 1 6 Response behind the scenes X preparation, section 1-7 emergency response when- EOC is not open _,..I FISCAL NOTE: The 2020 FEMA AFG-S COVID 19 Grant award in the amount of$14,491.43 will be appropriated to the Volunteer grant revenue account 01000-1221-4251 0080 to be expended out of the operating supplies account 01000-1221-7215-0080 for COVID related expenses. Matching funds in the amount of $724.57 will come from the same operating supplies account already approved in the budget. Approved by Finance Department: '%Z4 ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: Approval of Resolution 2020-066, allowing the Seward Fire Department to accept the FEMA AFG-S grant from the U.S.Department of Homeland Security in the amount of$14,491,43,and also approving the 5% matching amount of$724.57 from the Seward Volunteer Firefighter operating supply account per grant requirements. 130 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Sam Hickok o�eFiT SEWARD, CITY OF (0, 4 FEMA PO BOX 167 qND Sti SEWARD, AK 99664 EMW-2020-FG-01874 Dear Sam Hickok, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG- S) has been approved in the amount of$14,491.43 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 5.00%of the Federal funds awarded, or$724.57 for a total approved budget of$15,216.00. Please see the FY 2020 AFG-S Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO)system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo- included in this document • Agreement Articles - included in this document • Obligating Document- included in this document • FY 2020 AFG-S Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Christopher Logan Acting Assistant Administrator Grant Programs Directorate 131 Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: SEWARD, CITY OF DUNS number: 037996634 Award number: EMW-2020-FG-01874 Summary description of award The purpose of the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) is to provide funds for the purchase of PPE and related supplies, including reimbursements, to prevent, prepare for, and respond to coronavirus. After careful consideration, FEMA has determined that the recipients project or projects submitted as part of the recipients application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S)'s purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): 132 Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $14,937.00 Contractual $0.00 Construction $0.00 Other $279.00 Indirect charges $0.00 Federal $14,491.43 Non-federal $724.57 Total $15,216.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the AFG-S NOFO. Approved request details: Personal Protective Equipment (PPE) 133 Isolation Gowns DESCRIPTION Isolation gowns that meet AAMI level 3 requirements QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 40 $111.50 $4,460.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Funds in the Equipment category were moved to supplies. Supplies DESCRIPTION Disinfectant 5 gallon pails QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 2 $2,853.50 $5,707.00 Supplies 134 Eye Protection DESCRIPTION 3 ply personal protective facial masks 50 per box QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 10 $50.00 $500.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Funds in the Equipment category were moved to supplies. Supplies DESCRIPTION 1 gallon tubs of gel hand sanitizer QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 10 $41.00 $410.00 Supplies Supplies DESCRIPTION Estimated shipping to Alaska for all requested equipment and supplies QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $279.00 $279.00 Other 135 Ineligible DESCRIPTION non- contact infrared thermometers QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 6 $140.00 $840.00 Supplies CHANGE FROM APPLICATION Item marked ineligible JUSTIFICATION The award reflects a reduction from the amount requested in the application. This reduction removes ineligible costs for thermometers requested in the application. Eye Protection DESCRIPTION Clear protective face shields/spit guard QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 40 $6.50 $260.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Funds in the Equipment category were moved to supplies. 136 Protective Coveralls DESCRIPTION Isolation Coverall AAMI level 3 complaint in sizes Medium, Large, X large and 4XI large to fit volunteers QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 20 $180.00 $3,600.00 Supplies CHANGE FROM APPLICATION Cost 1 Budget class from Equipment to Supplies JUSTIFICATION Funds in the Equipment category were moved to supplies. 137 Agreement Articles Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: SEWARD, CITY OF DUNS number: 037996634 Award number: EMW-2020-FG-01874 Table of contents 138 Article Assurances, Administrative Requirements, Cost Principles, Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 (PII) Article Civil Rights Act of 1964—Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972 (Equal Opportunity in Education Act) —Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations 24 139 Article Non-supplanting Requirement 25 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 (TVPA) 34 Article Universal Identifier and System of Award Management (SAM) 35 Article USA Patriot Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation 42 140 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances- Non- Construction Programs, or OMB Standard Form 424D Assurances- Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30)days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. 141 Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and I II of the Americans with Disabilities Act, Pub. L. No. 10 1-336 (1990) (codified as amended at 42 U.S.C. §§ 1 21 01-1 221 3), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PH are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. 142 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VI I of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. §3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual)of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 143 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. §40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 13-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) 144 Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. §4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article 25 Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 145 Article 26 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. §401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government- wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. 146 Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18 U.S.C. §§ 175-175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable)at 10 U.S.0 § 2409, 41 U.S.C. §4712, and 10 U.S.C. § 2324, 41 U.S.C. §§4304 and 4310. 147 Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article 40 Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. 148 Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD)along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. 149 Obligating document 1.Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No. No. No. No. Action WX03218N2020T EMW-2020-FG- N/A 926000086 AWARD 01874 _ 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address SEWARD, CITY OF Grant Programs Directorate FEMA, Financial Services 410 ADAMS ST 500 C Street, S.W. Branch SEWARD, AK 99664 Washington DC, 20528-7000 500 C Street, S.W., Room 1-866-927-5646 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone No. Sam Hickok 9072244064 Assistance to Firefighters 1-866-274- Grant Program 0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 08/06/2020 to 07/30/2020 OTHER - FEMA COST SHARING 08/05/2021 GO Budget Period 08/06/2020 to 08/05/2021 15. Description of Action a. (Indicate funding data for awards or financial changes) Amount _T Program Assistance Accounting Prior Awarded Current Cumulative Name Listings Data(ACCS Total This Total Non-Federal Abbreviation No. Code) Award Action + Award Commitment or 2020-FC- AFG 97.044 GB01 $0.00 $14,491.43$14,491.43$724.57 P431-xxxx- 4101-D _ Totals$0.00 $14,491.43$14,491.43$724.57 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A AND RETURN THREE (3) GOPIES OF THIS DOGUMENT TO FEMA (See Bleek This field is not applicable for digitally signed grant agreements 150 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Christopher Logan, Acting Assistant Administrator Grant 07/30/2020 Programs Directorate 151 Section 1: Background and Overview Phases of Disaster Emergency Management Disaster emergency management planning can be divided into four phases: mitigation, preparedness, response, and recovery. Although each phase has tasks assigned to it, the process is dynamic and interconnected. This plan addresses all four phases of disaster emergency management, with a focus on response. Mitigation • Mitigation includes those actions taken to eliminate a hazard, or to reduce the potential for damage should a disaster emergency occur. • Mitigation actions include building codes, special identifications and routing requirements for the movement of hazardous materials, land use, and zoning requirements. • The City of Seward participated in the Kenai Peninsula Borough All-Hazard Mitigation Plan development and additional mitigation information is included in Annex E to that plan, Preparedness • Preparedness includes actions taken to plan, equip, and train citizens and government personnel to respond to local emergencies. • Preparation may include developing Emergency Operations Plans and exercises to test them, training in evacuation procedures, and purchase of equipment and supplies needed to respond to the disaster emergency. Response • Response includes actions taken to save lives and protect property during a disaster emergency. • Response may include search and rescue, fire suppression, evacuation, emergency feeding and sheltering. It may also include behind-the-scenes activities such as activating disaster plans, and opening and staffing Emergency Operations Center. Recovery • Recovery includes those processes required to return the jurisdiction to normal following an emergency. • Recovery could include reconstruction of roads and public facilities, securing financial aid for disaster victims, offering community counseling and psychological support services, and reviewing and analyzing of response activities. This plan is concerned with all types of emergency situations that may develop. It also accounts for activities before, during and after emergency operations. City of Seward Emergency Operations Plan January 16 1-6 152 Section 1: Background and Overview Levels of Emergency Response When a disaster emergency requires a coordinated response, the following tiered response flow occurs. The response begins with the first responders on-scene, and depending on the incident specifics, may eventually expand to include local, state, and federal government and/or private sector responders, managers, and resources. First Responders Routine incidents are usually managed by the on-scene first responders (i.e. Fire, Police, EMS), who are dispatched to deal with the emergency. A local emergency responder, usually the person-in-charge from the responding organization, acts as Incident Commander and leads the response effort at the scene. The Incident Commander follows standard operating procedures and requests additional assistance as appropriate. The EOP is NOT activated. Private Sector In the case of an emergency that originates at a private facility or plant, the person- in-charge of the affected facility will implement the facility Emergency Response Plan, activates its Emergency Operations Center, declare a facility emergency, and communicate with the local community to request assistance. Private Facilities are expected to develop their own emergency operations manuals and procedures, including evacuation procedures. Depending upon the type of incident, the IMT and EOC may be activated to support the response at a private facility, and a Unified Command will be formed, consisting of a private sector facility representative and representatives of the local, state, and federal agencies with jurisdiction. For certain types of incidents, such as fires and hazardous materials releases, local agencies may maintain incident command to protect public health and safety. Likewise, if the private facility or organization responsible for the incident does not have the planning or personnel in place to support a response, the City IMT and/or the Regional IMT and EOC may be selectively activated to support response operations. Local medical facilities are an important private sector resource to consider during an emergency response. It is important to notify the hospital or clinic when an incident occurs that might result in human casualties. Local If the incident can be effectively managed by the initial Incident Commander and on- scene personnel, no further local or outside involvement may be required. City of Seward Emergency Operations Plan January 16 1-7 153 Other Major Elements of Our Vision: The following elements were identified by the public as key components of Seward's These vision. Specific goals and objectives were not identified for these elements because elements many of them have already been addressed in other sections of the Plan. However, the Council, Planning and Zoning Commission and administration agreed that they- comprise warranted special consideration in the Plan. the •community's Expand and integrate educational programs We are a community with quality educational resources and facilities that vision of provide academic and personal growth opportunities for citizens of all ages. Such a vision includes integrating the Seward public schools, University of Seward Alaska, Institute of Marine Science, Alaska Vocational Technical Center, in the Alaska SeaLife Center,and other such facilities,to maximize resources. year •Promote a safe community 2020. We are a community that promotes the public health, safety and welfare of its residents by preparing for natural and marl made hazards through responsible building construction, maintaining streets and sidewalks, and providing superior police, fire, and disaster management services. Expand availability of affordable, diverse,year-round!rousing Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. Page 18 154 ® 2030 Comprehensive Plan Update, Volume I 1 -9 2.23 Community Partnerships Replace outdated technology to improve productivity and public service. We value the contributions of the various organizations 2.2.9 Public Safety and individuals who work to better our community. We value a safe community and a feeling of security. • Encourage all citizen participation in community organizations. • Support adequate police services and equipment. • Continue support for active city/borough relationships . Periodica1 review, evaluate. update, and conduct in areas of mutual interest that impact our community. simulatioi%.s of all emergency plans, especially the • Continue supporting community organizations and Emergency Preparedness Plan,training core city staff their private grants that enhance our community. and community members. • Approve resolutions of support for endeavors and e Support a safe house for victims of domestic violence. projects of various or« ,s izations and individuals . Maintain an effective public safety communications which benefit the commi'm �. network in Seward,including an enhanced emergency • Continue community support for the collaboration 911 system and corrected street addresses, between the Seward Library& _� u.,c':!;, d the Res- . Encourage annual reporting of crime statistics,analysis urrection Bay Historical Society (Riga and the of crime incidents.and recommendations for solutions. Seward Community Library Association. • Encourage marine safety activities. • Establish additional north-south routes throughout 2.2.8 City Government the community for emergency evacuations. • Identify & support an appropriate site for a new an- imal control shelter. We value an open, responsive city . Ensure a high level of fire protection within the com- government based on a high level munity by periodic evaluation and update of the Fire of citizen input and community Master Plan. involvement. We value a • Continue support of Seward Volunteer Ambulance fiscally sound government that Corps. Anticipate future demands for their services provides high quality services. and how to best meet those needs. • Support the installation of ambulance warning lights at the intersection of Third and D Street. • Keep up-to-date the City of Seward directory of in- • Continuously plan for future police services to ensure formation on the City's web site. the highest level of public safety within the community. • Continue to review and update the city code. • Review, update and support the Hazard Mitigation • Develop practical enforcement procedures for code Plan. violations. Continue to support Alaska Department of Fish and • Recommend the development of a policy and pooce- Game's Bear Safe Community Program. dure manual for each department. • Continue support of the Seward/Bear Creek Flood • Explore the possibility of annexing surrounding areas, Service Area Board. studying economic and social effects. Improve and increase the availability of public parking. • Support for continued legislative services and lobbyists. Improve the safety of city-owned buildings. • Create a funding mechanism for the repair and re- Improve pedestrian and street lighting. placement of city infrastructure. Support fire services. volunteer fire fighters and equipment. 155 Sponsored by: City Clerk CITY OF SEWARD,ALASKA RESOLUTION 2020-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DUDE SOLUTIONS, INC. FOR AN ONLINE BUSINESS LICENSE, PERMIT, AND INSPECTION PORTAL IN THE AMOUNT OF $23,134.78, AND APPROPRIATING FUNDS WHEREAS, in February, 2020, the Seward City Council performed an annual evaluation of the City Clerk, a part of which involves setting goals for the coming year. One of the goals set by council for the clerk was to "pursue options for getting the business license process on an electronic application and management system"; and WHEREAS, providing an online solution for customers to apply for a business license or permit at their own convenience, including accepting payments online, will allow business owners and citizens an additional choice for handling their affairs; and WHEREAS, the procedures for issuing business licenses involves many departments, including Community Development, Fire/Building, Harbor, and Finance/Utilities, so having an automated workflow and approval process that includes those departments will help streamline the internal compliance process; and WHEREAS, the business license approval process is always tied to obtaining a zoning approval, and is often tied to having a building/life safety inspection; and WHEREAS, the City Clerk's office has teamed up with Community Development and the Fire/Building Departments to find an online solution that works for everyone; and WHEREAS, the Community Development Department will be able to use the program for permitting, zoning, and mapping; and WHEREAS, the Fire and Building Departments will be able to use the program for permitting and inspections; and WHEREAS, the City Clerk's office will be able to use the program for processing the variety of business licenses that come through, from seasonal to year round, and from "regular" businesses to vehicles-for-hire and lodging, which require additional documentation; and WHEREAS, the cost of the program will be shared equally between the three departments: the cost in 2020 will be $12,000 so the budgets for each department will be amended at $4,000 each, and the 2021 budgets will be amended to cover the remaining cost for each department of$3,711.59; and 156 CITY OF SEWARD,ALASKA RESOLUTION 2020-067 WHEREAS, the project will take approximately ten months to complete, and is expected to launch in the third quarter 2021; and WHEREAS, per SCC 6.10.020 (d), the vendor is currently underway obtaining their City business license and will be required to maintain the business license for the life of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Dude Solutions, Inc. for the recodification, supplementation, and online code hosting services of Seward City Code, as attached herein. Section 2. The City Clerk's Budget is hereby amended, and funds are hereby appropriated, as follows: $4,000 in the 2020 budget and $3,711.59 in the 2021 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1113-7009. Section 3. The Fire Department Budget is hereby amended, and funds are hereby appropriated, as follows: $2,000 in the 2020 budget and $1,855.80 in the 2021 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1220-7009. Section 4. The Building Department Budget is hereby amended, and funds are hereby appropriated, as follows: $2,000 in the 2020 budget and $1,855.80 in the 2021 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1250-7009. Section 5. The Community Development Budget is hereby amended, and funds are hereby appropriated, as follows: $4,000 in the 2020 budget and $3,711.59 in the 2021 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1122-7009. Section 6. This Resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241h day of August 2020. 157 COUNCIL AGENDA STATEMENT Meeting Date: August 24, 2020 To: City Council From: Brenda Ballou, City Clerk Agenda Item: A Resolution of the City Council of the City of Seward, Alaska Authorizing the City Manager to Enter into a Contract with Dude Solutions, Inc. for an Online Business License, Permit, and Inspection Portal in the Amount of $23,134.78, and Appropriating Funds. BACKGROUND & JUSTIFICATION: In February, 2020, the Seward City Council performed an annual evaluation on the City Clerk and set goals for the coming year. One of those goals was, "pursue options for getting the business license process on an electronic application and management system." The very first option that was explored, was to see if the City's current financial software vendor, AccuFund, had a solution. Unfortunately, what AccuFund could offer is too limiting and linear to make it a viable option for an online customer interface. Through the MIS Director, two other potential vendors were contacted: OpenGov and Dude Solutions. Several web demonstrations were conducted with both vendors, software capabilities and customer interfaces were explored, and pricing was obtained from both vendors. When the research and exploration began, it quickly became evident that both of those vendors had the capability to provide solutions beyond just an online business licensing product,and so the Community Development Department and the Building/Fire Inspection Department were brought in to consider the permitting and inspection components of each product. (The business license process for the City is always tied to a zoning approval, and is often tied to a building/life safety inspection.) Expanding the scope of the project to have an online workflow/approval process that also includes Community Development, Fire/Building, Harbor, and Finance/Utilities, makes the most sense because those are all the internal departmental signoffs required to obtain a City business license. Having a software product with unlimited in-house users (i.e., department representatives) who can review and approve compliance in an automated workflow atmosphere for the online applicant will result in streamlining the current back-and-forth emailing and manual process that has been used for years. An online customer interface is a critical component to having an online solution,and both vendors offer the capability for an applicant to apply and pay for their business license online, and then 158 monitor the progress of their application. Customers will be able to see what is left "to do" - whether the customer needs to furnish additional information or paperwork, or whether the City needs to accomplish a task- wherever they are in the process will be displayed for the customer when they sign in. As well, some business owners have multiple licenses, and this program will enable them to monitor the progress of each license along the way. Another feature that both vendors offer is an email "alert" that enables the City to send a notification to the customer to let them know that there has been an update in the process, or that more information is required. This will potentially shorten the response time between customers and the City, and help move the process along more efficiently. VENDOR SELECTION: Both vendors offer a very similar product-similar capabilities, customer interface, back room set up, etc. One of the biggest initial differences between the two vendors was the pricing - Dude Solutions offered much more competitive pricing than OpenGov. Although OpenGov subsequently reduced their pricing substantially, the recommendation from the City Clerk, Community Development Director, Fire Chief, and Building Inspector is to contract with Dude Solutions. This recommendation is not based solely on pricing. Dude Solutions is also being recommended for these additional reasons: 1) the online payments made by the customers will be tied in directly with Paymentus, which the City already uses for Utility, Parks & Rec and DMV payments; 2) the Public Works Department, Harbor Department, and Parks & Recreation Department have recently begun working with Dude Solutions on an internal work assignment and vehicle/equipment maintenance scheduling tool, and have been pleased so far with the service they have received; 3) the vendor offers additional components that make the program scalable, so expanding capabilities and services to customers may be an option in the future; and, 4) the system is designed to allow each department the flexibility to customize their forms and workflows to suit their needs, while being coordinated into one overall workflow. INTENT: To provide an online solution for Seward business owners to apply for, and subsequently renew, their City business licenses, as well as permits and inspections. Customers will not be required to use this online portal, but it will be a convenient option for those who choose to use it, and the hope would be that more and more businesses would adopt the new process over time. .........._- ...._ ...... CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source {sere): Strategic Plan (docianent source here) Other(list): 159 FISCAL NOTE: The initial cost for start-up through implementation is $23,134.78. This is billable in two parts: $12,000 in 2020, and the remainder in 2021.The cost will be borne by the following departments in equal measure: City Clerk, Community Development, and Fire/Building ($4,000 in 2020 and $3,711.60 in 2021, each). The renewal fee for 2022 will be $6,784, again split three ways. This renewal will be built into the 2022/2023 budget. Approved by Finance Department: ry . ATTORNEY REVIEW: Yes . No Not Applicable ._._X RECOMMENDATION: 067 Approve Resolution 2020-xxx to provide an online solution for Seward business owners to apply for, and subsequently renew, their City business licenses, as well as permits and inspections. 160 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations Solutions PREPARED FOR City Of Seward Brenda Ballou City Clerk P.O. Box 167 Seward, AK 99664 PREPARED BY Dude Solutions, Inc. PUBLISHED ON J u ly 09, 2020 dudesolutions.com 11000 Regency Pkwy#110 ! Cary,NC 27518 161 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter Operations ;001; solutions Q-193632 This SOW has been defined to leverage DSI's experience,while optimizing the use of resources,thereby maximizing cost efficiencies on behalf of Client. Based on our current understanding of the complexity and scope of this effort and the expected involvement of the DSI team resources,the current estimated Fixed Price for this engagement is shown in the Investment table.This estimated cost breakdown is as follows: Pricing is based on Unlimited Users and includes the Online Citizen Portal Solutions - Subscription SmartGov- Enterprise SmartGov Permitting SmartGov Code Enforcement SmartGov Business License SmartGov Connector Merchant Subscription Term: 4 months 4 months included at no additional cost Subtotal: $0.00 Implementation Portal Configuration Parcel Connector Configuration Map Connector Configuration Department Types/ General Configuration Fees Configuration (Pages) Merchant Connector Configuration Project Management Web-Based Training Subtotal: $23,134.78 dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 162 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions Total Initial Investment $23,134.78 USD Subscription Pricing includes 21%Sourcewell Member Discount and Implementation and Services includes 5% Sourcewell Member Discount(Dude Solutions Member ID#110515-SDI Pricing for the First Renewal Term is$6,784.00 The above level of effort and associated pricing is based on the SMARTGOV package selected by City Of Seward and is subject to change based on defined client requirements that may be discovered during project delivery.Any identified project scope or requirements changes will be addressed via DSI Change Control Authorization("CCA")process. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 163 3 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 164 4 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;00; Solutions Introduction Dude Solutions, Inc.("DSI")is pleased to submit this Statement of Work("SOW")to City Of Seward for SmartGov Professional Services. SmartGov streamlines permitting, planning/zoning, Inspections,code enforcement,and business licensing, providing efficiency for your jurisdiction and enhanced customer service for your citizens.The package City Of Seward has chosen for implementation of SmartGov will be implemented using proven processes and methodologies managed by an experienced project manager dedicated to delivering a successful project. DSI looks forward to the opportunity to deliver these services and the ever-lasting development of a strong business partnership. Definitions In addition to the terms defined elsewhere in this SOW,the following terms have the following meanings: "Change Control Authorization"or"CCA" means any request by the client to modify the scope of work, schedule,or costs will require preparation of a Change Control Authorization("CCA"or"change order")form detailing the work to be performed,as well as the associated costs and schedule impact.Additional work will be performed only after both parties have duly executed the CCA.Scope of work changes will impact the project schedule which will be updated to reflect such changes upon CCA approval. "Closing Phase" means the phase that represents the completion of a project where all metrics are finalized, all deliverables are complete and accepted by client,and all remaining billing/invoicing takes place prior to project closure and acceptance. "Deliverable Acceptance Form" means the form that is a standard PMO form used for client to agree to accept a deliverable as complete and final. "Escort" means the client provided resource/person to take Dude Solutions, Inc.("DSI")resources around client facilities and provide access to restricted areas agreeable between client and DSI as needed. "Executing Phase" means the phase of the project where deliverables are developed and completed. "Fixed Price/Fixed Fee/Fixed Price Project" means the project pricing includes all services,tasks,and expenses associated with the client project. "Monitoring and Controlling Phase" means the phase for measuring project progression and performance and ensuring that everything happening aligns with the project management plan. "Onsite Services Completion" means onsite services have been completed and when necessary,the Deliverable Acceptance form will be used to document the completion of deliverables provided during the onsite services visit. "Orientation Call"or"Project Kick-Off Call" means the call/meeting which begins the project and proper expectations are set between DSI and the client. "Output Documents"standard or custom documents generated from SmartGov"e.g. permits,Certificates of Occupancy,violation letters, business licenses, receipts" dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 165 5 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions "Orientation Call Completion" means the Orientation Call or Project Kick-Off Call has been completed and the project has begun and proper expectations have been set between DSI and the client. "Professional Services or Services" means professional,technical,consulting and/or other services. "Project Completion" means the project completion occurs when all deliverables of the project have been completed and accepted by the client via the Project Completion Acceptance Form. "Project Completion Acceptance Form" means the form that is a standard PMO form used for client to agree to accept a project as complete and final. "Project Management Methodology" means the manner and process used to deliver services projects. "Project Management Office"or"PMO" means the office that provides the oversight and standardized processes to consistently deliver projects in a concise,consistent,and standardized manner.The PMO manages and maintains the processes and standard templates utilized to manage DSI projects. "SmartGov Modules" means the Permitting Module(permits for all departments),the code Enforcement Module,the Business Licensing Module,and the Recurring Inspection module. "Software Component Configuration" means the components within the software have been configured per client specifications. "Statement of Work Acceptance" means the signing and accepting of the terms of the Statement of Work document by client. "Support Engagement" means the point in the project where implementation services end and product support begins. "System Configuration Completion" means the configuration items within the software have been configured per client specifications. "System Level Configuration Items" standard configurable items that are applied across departments and case templates. "Training Completion" means the onsite or virtual training has been completed and when necessary,the Deliverable Acceptance form will be used to document the completion of deliverables provided for completion of the onsite or virtual training services. "User Acceptance Testing- UAT" means that after the system is configured the client will have an opportunity to perform user level testing based on client developed test scripts. DSI will correct issues as documented and presented during this process. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 166 6 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;00; Solutions Project Scope and Approach Implementation Process Overview In order to successfully implement the SmartGov application, DSI will work with City Of Seward to understand requirements necessary to configure and set up the SmartGov application to streamline processes related to permitting, planning/zoning, inspections,code enforcement and business licensing for your jurisdiction and citizens. Once the City Of Seward has reviewed,and approved these requirements and processes, DSI will configure and setup the application to support the City Of Seward's unique business rules. Following the configuration and modeling work, DSI will train the City Of Seward's team using its jurisdiction- specific configuration. After training, DSI will work with City Of Seward to test the work performed and provide the necessary updates to successfully implement the solution.The system will then be ready to go live in production. If the City Of Seward purchases"Go-Live Support"packages, DSI will provide support for the period of time defined in the statement of work. Customer Implementation Engagement Sessions ("CIES") Client project team representatives and DSI project team representatives will dedicate time to meet in person or via teleconference to maintain communication and conduct coordination of project activities and tasks. Deliverables Dude Solutions will provide the following task deliverables: • Project Management Meeting Schedule • Data Migration and Technical Design Meeting Schedule • Configuration Meeting Schedule • Meeting notes or recordings for all scheduled meetings The client will provide the following resources or task deliverables: • A complete project team roster,including email addresses, phone numbers,and roles/titles • Necessary communication/information to allow all project schedules to be finalized • Timely response to task-related emails or phone calls to enable on-time completion of all assignments • A minimum of 24-hour notice if all minimum required members for any scheduled meeting cannot attend the meeting.This will allow the meeting coordinator sufficient time to cancel or re-schedule the meeting as necessary Assumptions and Constraints • Initial proposed meeting plans from DSI will reflect the minimum recommended frequency,duration, participants(byjob title or role),topics,and action items to address the full SOW • Final meeting plan will be approved by the client key sponsor(s) • Coordination and integration of the PM meeting,data migration,technical design meeting,and configuration meeting will align with the scope of the project,client organizational structure,and assigned resources • The Client will provide dedicated knowledgeable technical resource available for questions • The Client will provide a dedicated knowledgeable resource for mapping analysis dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 Im 167 7 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • The Client will provide read only access and screen shots for various permits/case types to provide context to DSI data migration specialists • The Client will provide resources for validation throughout the process • Client will provide side-by-side data entry for 2 weeks prior to go-live • Response time for questions is one business day • DSI may require up to 3 backups of data for each database throughout the process Planning, Initial Set Up & System Level Configuration Configuration begins with planning and analysis necessary to establish the overall configuration approach. After planning,and once the approach is documented and agreed to, DSI will set up the SmartGov environments to support implementation. DSI Consultants begin configuration with system level items or items that apply generally across all departments and types of configuration items. Setup of environments to support SmartGov implementation and configuration of core items in each SmartGov module that are specific to City Of Seward 's requirements.These core items are defined/configured at the client level [i.e.these are configurable items that will be standard or shared across all departments and configuration types]. Deliverables Dude Solutions will provide the following task deliverables: • A Configuration Plan document that includes: • Identified current and future state business processes to be supported by the final product via the configuration work effort • Recommended approach to configuration that supports the identified business processes and activities • Configuration details for all permit, inspection, license,and code enforcement types to be configured in SmartGov.All templates required for creating the configuration types will be created in SmartGov based on requirements gathered in meetings with the client • SmartGov Environments to support the implementation process including: • Configuration(Dude Solution access only for configuration) • Validation(client has access for testing,can be refreshed with configuration copy upon request) • Training • Weekly configuration status reports(in PDF format)generated from the client specific configuration instance of SmartGov.These reports serve as the primary source to demonstrate core configuration elements,status,and needs • Jurisdiction configuration,per Configuration Plan,to include as needed: • Parcel and/or address information management • Contact information management • Contractor license information management • Receipt/transaction information management • Inspection scheduling information management • Configurable screen display settings • User configuration per Configuration Plan,to include as needed: dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 IM 168 8 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • Individual User Rights • Available Departments • Available Distribution Groups • Available Inspection Qualifications • Available Security Groups • job configuration per Configuration Plan,to include as needed: • Default list of available queued jobs • Queued job parameters • Administrative&shared configuration rules per Configuration Plan,to include as needed: • Administrative processing rules where available in the configurable jurisdiction Values list • Standard status options for cases,submittal items,workflow steps,step actions,inspection types, inspection actions,accounts,and intervals • Standard expiration rules • Standard online processing rules[for the portal] • Standard reports available across all case types Assumptions and Constraints • The Configuration Plan will be based on information delivered to,or collected by,the DSI Consultant within a specified time frame established at the project kick-off • During the development of the Configuration Plan,the client provides representatives for all work units with work activity to be supported by the final delivered product • Client will provide access to the appropriate leaders and/or subject matter experts to ensure meaningful engagement at all required meetings and to ensure on-time completion of assigned action items • Client will provide access/links to any public,or private,web sites or operating systems,if needed,to gather complete business requirements • The Configuration Plan can meet client requirements and can be fully executed within existing product design in all modules • The Configuration instance will be solely owned by the DSI Implementation team and serves as the primary source for the final delivered product design • The Validation instance will be sole source used by the client to complete all assigned configuration UAT tasks • The Training instance will be used solely by members of the client project team to assist in understanding SmartGov functionality. It will contain default data sets and serves as a temporary"sand box"for assigned users. • The client will designate one person on their project team to serve as the final decision-maker for all system level configuration elements.These are configured settings that are shared across SmartGov modules,and/or are settings common to all departments/divisions/users • When configuration tasks,or related work effort,requires information to be submitted to the DSI Implementation team in a specific file format or within specified parameters,the client is able to comply with these stated requirements dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 IM 169 9 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • Note: If the client cannot provide information in the DSI standard format,the assigned Project Manager will determine if a formal Change Request or additional contracted SOW is needed to provide assistance in developing or converting the information into the desired format Module Case / Department Types SmartGov implementation activities include the set up of case templates in one or more of these modules: Permitting, Licensing,Code Enforcement and Recurring Inspections.These case templates must be used to create records in SmartGov in each module.Your DSI Consultant will provide specific information about the minimum required elements to be configured for the case templates in each module;these required case template elements do vary by module. Deliverables Dude Solutions will provide the following task deliverables: • Case template baseline elements, per the Configuration Plan,to include as needed: • Case record reference information • Template specific expiration, renewal or interval rules • Template specific default submittal list • Template specific details(custom attributes)that are required for any of the following: application intake,workflow step completion, inspection completion,fee calculation,or mandatory regulatory reporting • Template specific default workflow steps for Admin, Review,and Final work lists • Template specific default inspection list • Template specific list screens such as Bonds, Fixtures,Valuations,Violations,Citations, Lien,or Items • Once baseline case template configuration is completed,any expanded configuration beyond baseline must be discussed during Configuration Meetings with the Consultant and approved by the assigned PM. Expanded configuration elements, if approved, may include • Non-essential custom attributes • Work step dependencies and due dates • Step actions and Inspection actions • Default Parent-Child case linkages • Workflow cycling feature • Template specific tab appearance • Standard note types and note codes • Standard condition types and conditions • Standard code references • Template specific report links The client will provide the following resources or task deliverables: • Specific lists of all types of applications,forms,or other documents that describe all services to be supported by SmartGov at the time of project"Go Live" • This list should be inclusive of all in-scope departments • This list should conform to requested formatting and scope instructions,as communicated by DSI dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 170 10 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • A PDF or Word version of all customer-facing documents(forms, letters,cards,etc.)expected to be generated by SmartGov • A publicly accessible URL,or electronic copies of reference information,that provide all pertinent state, county or local regulatory information that are known to impact business operations to be supported by SmartGov • A fully approved version of the template validation workbook • Approval via email or other written correspondence of any other identified forms,as requested by the Consultant Assumptions and Constraints • The scoped number of department templates for this SOW are 26 types. If the number of department types identified during the configuration work effort exceed the number of types scoped for this SOW, the additional types may be introduced into the scope of the project via the DSI CCA process once signed and approved by the DSI Project Manager and the client Project Manager. • Case template configuration will be completed within existing product design in each module. • DSI will configure each application or request type in the SmartGov module that best supports the associated workflow.The primary goal of configuration of case templates is to optimize SmartGov capability • Note:This assumption means that recommended case template configuration mayor may not align with current internal customer naming convention or legacy system design • The total number of case templates to be configured across all modules will be stated in the Configuration Plan.This total may vary from the initial sales order,where applicable, if approved by the DSI Project Manager • A complete list of case templates to be configured across all modules will be approved by the client key sponsor,or their delegate, no later than the third Configuration Meeting • Baseline configuration for case templates identified in the Configuration Plan will be completed before any expanded template configuration work will be done • Baseline configuration for case templates listed in the Configuration Plan will support the end-to-end work steps that correspond to each default SmartGov Process State in the applicable module. • If case templates or department types are identified during the configuration work effort,that are not documented in the original Configuration Plan or exceed the number of types scoped for this SOW,the additional templates or types may be introduced into the scope of the project via the DSI CCA process once signed and approved by the DSI Project Manager and the client Project Manager. • Super Admin training will include how to maintain or update case templates Financial Setup and Fees Pages Configuration of GL Accounts and Fee Codes as needed to support financial transactions for any business activity to be supported by SmartGov. Deliverables Dude Solutions will provide the following task deliverables: • A weekly Fee List Report that reflects all configured active fees and their associated GL Accounts • Configuration of permitting module fee codes necessary to support all configured case templates • Configuration of Licensing module fee codes necessary to support all configured case templates dudesolutions.com 11000 Regency Pkwy#110 ! Cary,NC 27518 171 11 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • Configuration of Code Enforcement module fee codes necessary to support all configured case templates • Configuration of Recurring Inspection module fee codes necessary to support all configured case templates • Configuration of other fee codes required to support routine transaction activity including NSF("Non- Sufficient Funds")fees,administrative fees,fines, regulated surcharges,convenience fees,and the like • Configuration of fast track fees,deferred fees,and tax exempt fees within current product design. • Configuration of the timing during the workflow process that each fee will be assessed and may have payment applied against the fee within current product design • Configuration elements as needed to support online [SmartGov portal] payments • Setup and definition of Fees Pages The client will provide the following resources or task deliverables: • A copy of all current fee schedules for all in-scope departments and business functions • A current list of GL Accounts • The last two monthly or quarterly relative financial reports • A copy of any other operating document that contains pertinent information regarding any assessed charges,surcharges, potential fines,etc • Contact information for one or more subject matter experts in the appropriate finance departments.This is to facilitate efficient information gathering from both operating and finance departments/divisions Assumptions and Constraints • All fee codes will be configured within existing product design • A GL Account list approved/authorized by the client's finance department is provided to the DSI Consultant.This GL Account list will be limited to accounts associated to fee codes to be configured in SmartGov • GL Accounts and Fee Codes will be configured with product design parameters • All configured fee codes will be derived from documented fee schedules or comparable client documentation provided to the DSI Consultant. Updated fee schedules or related documents that are provided after the initial versions may be incorporated into the final configuration if there is no adverse impact on the project schedule • Fee codes will be configured to optimize SmartGov capability,and therefore may not be identical to legacy system fees • Determination of the specific fee codes to be defaulted within each module case template will be determined by the designated client project team member • Validation of case templates will include validation of fee code functionality • User security rights will address fee code management within current product capability • Super Admin training will include instructions for maintenance of GL Accounts and configured fee codes Portal Configuration Setup Configuration of required elements to enable in-scope functionality associated with the SmartGov online portal, as stated in the Configuration Plan. Deliverables dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 172 12 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions Dude Solutions will provide the following task deliverables: • A Portal Validation site to demonstrate and test Portal configuration • Information regarding Portal set up options • A Portal setup workbook template The client will provide the following resources or task deliverables: • A fully completed and approved Portal Set up workbook • Any written content to be visible in portal that is not configurable • Resources to test Portal configuration Assumptions and Constraints • The client will be responsible for taking steps to integrate the SmartGov portal into existing online sites • Online payments will not be enabled without also purchasing the Merchant Services connector • The client will be able to determine the level of online integration with their business processes,within existing product design • Portal configuration will occur along with configuration of module case templates. • Validation tasks will include distinct tasks to approve Portal set up • Portal user security will be defined using existing product functionality • Super Admin training will include information about options for the client to maintain/update portal configuration Parcel Connector Setup The parcel connector is an optional feature that is used to keep the parcel repository in SmartGov up to date. Parcel data that is typically maintained in a county assessor's system is used as the primary reference for modules in the SmartGov application. Parcel profile information,such as Parcel Number,Site Addresses, Current Owner, Legal Description,Section,Township, Range,Quarter,Subdivision, Block, Lot,and Neighborhood, is accommodated in standard data fields.Additional attribute data may also be stored in our custom detail area.Additionally, if the associated latitude and longitude data is available,those coordinates can be added to the parcel record to allow users to geographically locate information on the map. Deliverables Dude Solutions will provide the following task deliverables: • A tested,working parcel connector along with a list of unresolvable errors to be addressed Assumptions and Constraints • Parcel Connector required fields supplied Map (GIS) Connector Setup The Map(GIS)connector allows for the display and viewing of a geographical map based on parcel data provided in SmartGov.The Map(GIS)connector will display layers on the SmartGov map based on the clients current Geo-database. Deliverables • Map layers configured and available for display on the SmartGov map dudesolutions.com 11000 Regency Pkwy#110 / Cary,INC 27518 A 173 13 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • Parcel layer registered in SmartGov for use with SmartGov popup • Ability to turn layers on and off • Training to configure layers going forward Assumptions and Constraints • Client will provide URL to ArcGIS REST Service with layers for SmartGov to consume and display on the map • Layers are required to be hosted on an ESRI server • Layers must be available via HTTPS • Server must have valid security certificate issued by a digital certificate authority(not self-signed) • Layer formats supported: • Map Services • Feature Services • Tiled Services • Web Map Service(WMS) Merchant Service Connector Setup SmartGov's public portal can be configured to interface with 3rd party payment gateways to accept credit card transactions. SmartGov does not store any credit card information or other sensitive information relating to credit card transactions processed via the portal. Most payment gateway providers will transition the user from the SmartGov site to their own secure site in order to complete the transaction before redirecting the user back to SmartGov.This allows the payment gateway provider to maintain the secure information and pass only necessary information,such as a confirmation or transaction reports,to SmartGov. The first step to implement the connector is for DSI to build the interface between SmartGov and the selected payment provider. If the provider is new, DSI will first need to build the technical backend process to enable electronic transactions to/from SmartGov. Once the initial backend setup is complete,SmartGov can be configured to process payments. Each payment gateway provider has different sets of specifications that they require to be sent to their system to authenticate payment information.When DSI builds a connector to a payment gateway provider,a new option will become available in the Payment Vendor drop down menu on the Administration Portal Payment Configuration page. If a payment gateway provider does not have a connector to SmartGov, no option will be available in the drop down menu.The payment gateway provider should provide the necessary information to the Jurisdiction in order to complete the setup process.Administrators may be asked to provide additional URLs to SmartGov pages for navigation purposes. Deliverables • Configure the Merchant Service connector to process payments for client services and transactions processed in SmartGov • Configure the 3rd party payment gateway to accept credit card transactions Assumptions and Constraints • SmartGov does not store any credit card information or other sensitive information relating to credit card transactions processed via the portal dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 Im 174 14 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • Merchant Services Gateway Payment Provider Partners include: • ACI Universal(Official Payments)- Integrated Level 1 Payment Process- Postback v2.4 • Authorize.NET Service Integration method(SIM) • Bridge Pay • ETS Corporation- Hosted E-Com Payment Page Service v1.50< • First Data Global Gateway Connect v1.3 • First Data Global Gateway E4 • FISGlobal - PayDirect Web • GovPay • PACE Technology Engine • PayPal - Pay Flow Pro • Point&Pay- Parameter Passing v3.0 • PayGov • Paymentus • Reliant Pay • TransFirst • US Bank- E-Payment Service v12.1 (Elavon) • Wells Fargo • XpressBillPay Standard Reports (70 Reports Included) DSI will provide the client reports(reports and output documents)that includes 70 standard reports. Normal modifications to these reports to entail updating client specific information and logos not related to data output. • Custom Reports: SmartGov comes with 70 standard reports and output documents. Using tools in SmartGov,client staff can add the client's logo and modify header and footer information. Deliverables • 70 standard reports • Edits will be made to add client specific logo and information i.e. company name,address, phone Assumption and Constraints • Modification to standard reports will be related to Client branding and logos Post Go-Live Support DSI will provide the client with"Post Go-Live Support"which includes additional training,configuration support, reporting assistance,transaction based support,and work with the client on basic production related issues or questions for utilizing the system. Deliverables Provide production related post go-live support for 30 days after go-live date. Assumptions and Constraints dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 Im 175 15 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • System configuration and all implementation tasks have been completed and client is using the SmartGov system in production User Acceptance Testing "UAT" DSI will work with the client to conduct User Acceptance Testing("UAT")upon the completion of configuration and development tasks to confirm SmartGov functionality using the client's UAT Test scripts,developed by the client.The client will execute their test scripts and communicate the results of the test scenario as either pass or fail. DSI will review the UAT test log for issues and will assign these issues to the appropriate resource for resolution. DSI will have up to ten(10)days to correct any functional item that fails a test,or provide a mutually acceptable written explanation of when the failed item will be corrected. In the event a bug is identified,the bug issue will be assigned to the DSI Engineering Team for assessment. DSI Engineering will then provide an estimated time frame for resolution.The client has the right to conduct additional UAT Testing for items within project scope. Deliverables DSI will provide the following task deliverables • SmartGov Validation environment ready for system User Acceptance Testing • Review any discrepancies found by the client during UAT Testing • Correct any functional item that fails a test within 10 days,or provide a mutually acceptable written explanation of when DSI will correct the failed item • Identified software bugs will be addressed by DSI Engineering for assessment. DSI Engineering will then provide an estimated time frame for resolution • Provide tools for documenting UAT test scripts in the UAT testing Plan and issue tracking log as needed, client may use their own UAT Testing Plan document if available The client will provide the following resources or task deliverables • Create a User Acceptance Test Plan with scenario based test scripts to include end-to-end system and client business process functionality,system workflow,system configuration,data migration, interfaces, reports,etc • Execute UAT Testing Plan • Track and document test results • Written acceptance of System User Acceptance Testing complete via the DSI Deliverable Acceptance Form Assumptions and Constraints • The client will develop a UAT Test Plan • The client will provide resources for User Acceptance Testing throughout the process • The client will track and document test results in a mutually agreed format • DSI will provide resources to address discrepancies dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 176 16 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions Upon successful completion of UAT Testing,Client will sign a DSI Deliverable Acceptance form, provided by the DSI Project Manager,to document their acceptance of UAT Testing and acknowledgement that UAT Testing has been completed successfully Project Management / Engagement Management The Project Manager's primary goal is to deliver the project within defined constraints through planning, scheduling,and controlling those activities required to achieve the project's objectives and meet customer expectations.The Project Manager strives to deliver on schedule,within budget,within scope,and at the desired performance level. DSI assigns a professional Project Manager and/or a professional Engagement Manager for every consulting engagement. DSI's Project Management Office("PMO")and Project Management Methodology provides Project Managers with a formal framework that is used in initiating, planning, managing(executing, monitoring,and controlling),and closing DSI's customer projects. DSI's Project Manager will have the primary responsibility for coordinating all activities for this SOW including scheduling resources,confirming project activities and that all project deliverable and defined activities are executed within the scope of this SOW. DSI's Project Manager will serve as the single point of contact for the project related to this SOW. DSI's Project Management Methodology provides a defined set of phases and deliverables per Project Management Institute Best Practices which include a series of planning phase activities, including initial alignment meetings to prepare for the kickoff meeting to enable all project participants to understand the project scope,project plan,and objectives.The project kickoff meeting will allow all participants to be introduced, review and understand the delivery methodology,define team roles and responsibilities, review the communications and risk management plans, review documentation templates, review the SOW and project schedule.The Executing phase allows DSI Project Managers to direct and manage project progress through task execution,distribute project related information per the Communications plan,Quality Assurance per the SOW guidelines, project team development and coaching,and checkpoint meetings to review project progress during each work week,and weekly status meetings.The Monitoring and Controlling phase provides the DSI PM with the toolset to manage the triple constraint triangle of scope,cost,and schedule through integrated change control,quality assurance,deliverable validation, risk monitoring and control, performance monitoring to plan and schedule,and initiating corrective action measures. In the Closing phase,the Project Manager will verify product and deliverable acceptance, perform final financial audits, lessons learned, project archive delivery and updates,and formal project completion acceptance from the customer. Project Management activities include: • Project planning and kickoff meetings • Project schedule developed per SOW tasks,deliverables,and resource assignments • Status reporting and status meeting • Continuously communicating, planning,and scheduling updates • Schedule and budget monitoring,and scope management • Risk Management planning to continuously identify,analyze,and mitigate risks • Action Item and decision tracking,as well as resolving and escalating issues • Quality Control • Change control management dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 177 17 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • DSI project resource management • Work product completion and deliverable acceptance management • Project Completion Acceptance execution Project Timeline DSI anticipates commencing this project on a mutually agreeable start date upon receipt of an executed SOW acceptance page("Acceptance")found at the conclusion of this document. Within two weeks of the Orientation Call,the DSI Project Manager will schedule a mutually agreeable date and time for the project kick- off meeting.As a deliverable of the kick-off meeting,the DSI Project Manager will develop a project schedule to be shared with the clients' project manager for review and agreement.As a deliverable of the kick-off meeting, the DSI Project Manager will develop a project schedule to be shared with the clients' project manager for review and agreement. The following generic process will be followed for the implementation of this project. Below is a depiction of the generic process the DSI Project Manager/Engagement Manager will follow for the implementation, DSI reserves the right to modify this process to reflect the scope of this project. SMARTGOV High Level Process STARTUP MONTH I MONTH] MONTH 3 MONTN 4 NONTH I MONTH 6 MONTH] CLOSEOUT INITATION & PLANNING EXECUTION-VALIDATION-TESTING USER ACCEPTANCE &TRAINING (DSI & CLIENT) (VENDOR, CLIENT & DSI) 1-2 MONTHS 3-9 MONTHS CDSI @ CLIENT) 1-2 MONTHS SMARTGOV KICK OFF CALL CONFIGURATION WEB TRAIINING REVIESI PURCHASE OF DELIVERA.BLES ESTABLISH TEMPLATE&CASE RULES WURKFLONl, %AMTLIARIZE CC RE PROJECT 7EAF1 PRO_ECT PHASES&N=XT STEPS FEES&GLOBAL SETTINGS MEMBER:WITH FE?T'_RES CURING WEEKLY MEETINGS DEVELOP PROJECT PLAN VALIDATION ONSITE TRAININIG ITERATIVE PRCCESS FOR 04 TA.MIGRATION AND ❑ISCUSS COALS&TIMELINES CONFIRMATION CF TEMPLATES,CASE TYPES, TRAINING WITH ONSI-E TRAINER FULL Nu W&PAR-TIME USER 'OBS,FEES,&.GLOBAL SETTINGS. WI TH OPTION OF GO-LIVE SI,PPORT REQUIREMENTS SUPPORT GATHER BUSINESS RULES&CCR1PLETE INVENTORIES REPORT DEVELOPMENT SUPPORT H:ND OFF BETWEEN IMPLEMENTATION TEAM&CER STANOARC&AD HOC REPORTING I NVENTC RY,DESIGN,DEVELOPM=NT, OPTIMIZATION COLLECT DATA TEST&REFINE. ANALYSIS&MIGRATION OF INETIAL FOUR WEEKS OF POST GC-LIVE DATA FROM LEGACY SYSTEM SUPPORT MEETINGS TO OPTIMIZE CONFIGURA.-ION SMARTCONNECTORINTEGRATION CONNECT IDNS ESTABLISHED BETWEEN CLIENT, DATA.MIGRATION L &VFINAN IA APPLICABLE°ER DATA MAPPING FROM LEGACY SYSTEM PA.RC EL.GI5 FINANCIAL,I�IERCH?.NT SERVICES TO SMARTGOV Professional Services Invoicing / Billing dudesolutions.com 11COO Regency Pkvvy#110 / Gary,NC 27518 178 18 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;00; Solutions Invoicing Terms DSI will generate project invoices when the above product codes are completed for the value of the product code as shown in the Investment table. Travel Expenses Travel expenses are inclusive in Dude Solutions pricing for your project. DSI understands there are extenuating circumstances that require a change in scheduling. DSI will make every attempt to accommodate cancellation/rescheduling requests on an as-needed basis. Rescheduling requests will be subject to resource availability and every attempt will be made to meet requested timeframes and timelines, however, no guarantee can be made for requested dates or times. Client accepts that DSI will reschedule based upon our resources' next availability that meets the project duration requirement to complete the scope of work. Cancellation Policy Cancellation and Rescheduling requests will be managed per the below policy: Cancellation/Rescheduling Fees: In the event that the Client requests to reschedule their onsite work date(s), Client must reschedule 14 days in advance of the scheduled onsite work.Any requests for rescheduling onsite work within the 14-day window prior to the scheduled onsite date,will require the Client to reimburse DSI the full cost of any Cancellation Fees and Re-booking Fees incurred. Definitions: • Cancellation Fees:Any actual fees incurred by DSI from its travel providers which are the result of the Client canceling work for scheduled date(s)which are not immediately rescheduled,including, but not limited to fees charged for airfare,train, rental car,and hotel. • Re-booking Fees:Any change fees associated with changing travel arrangements to accommodate a rescheduled date requested by Client including, but not limited to,any difference in reasonable travel costs(airfare increase, hotel increase, rental car increase)incurred when re-booking for requested dates. • Force Majeure:Client will not be held liable for Cancellation or Re-booking Fees incurred by DSI as a result of an act of God,such as an earthquake, hurricane,tornado,flooding,winter super storm,winter weather that shuts down a facility,or other natural disaster,or in the case of war,action of foreign enemies,terrorist activities,labor dispute or strike,government sanction, blockage,embargo,or failure of electrical service within a facility's power grid. DSI Project Team Roles and Responsibilities The roles listed below comprise the DSI team supporting this project.The team brings a wealth of experience and knowledge that will provide you with the highest caliber of expertise,thought leadership,and project management. Due to the size and scope of the project, one person may play multiple roles, to be determined by DSI as appropriate. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,INC 27518 IM 179 19 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions • Senior Implementation Consultant:The Senior Technical Consultant("STC")will develop and deploy the solution and ensure that it meets the business requirements for the project.The STC's goal is to deliver a responsive system that complies with the functional specification.The STC defines,designs, and implements the features or products that meet the client's functional expectations. • Implementation Consultant:The Implementation Consultants("IS")primary role is to provide project implementation support by setting up a client's account,performing system configuration as defined in the scope of the project,creating/modifying templates as defined in the scope of the project,and creating or modifying standard or custom reports as defined in the scope of the project or requirements discovered during requirements gathering sessions. • Project Manager/Engagement Manager:The Project Manager's("Project Manager"or"PM")/ Engagement Manager's("Engagement Manager"or"EM")primary role is to deliver the project within the project's defined constraints through planning,scheduling, monitoring progress,controlling scope,and managing client expectations.The PM/EM manages the process to release the correct product on schedule and within budget. Project Assumptions and Constraints DSI has made the following general assumptions in this SOW to derive the estimated cost for this project. It is the responsibility of City Of Seward to validate these assumptions and responsibilities before signing the Acceptance. Deviations from these assumptions may impact DSI's ability to successfully complete the project and will be addressed via a CCA process,as appropriate.Any changes in scope,schedule,or costs will be documented via the CCA process,whether there is a cost impact or not. Zero dollar CCA's will be used as mutual agreement documentation for scope and schedule changes. Project Assumptions • Client business stakeholders must be available for onsite visits and working phone conversations. • DSI resources will be onsite as planned and scheduled. • Prerequisite data gathering, related to an orientation call or requirements gathering session onsite, must be completed prior to scheduled onsite or orientation call date in order to maximize onsite consulting time and resource productivity. • DSI is not responsible for delays caused by missing data or other configuration information that is required to be available prior to the onsite visit. Having the requested data and configuration information available prior to the onsite visit may minimize delays so progress can be made quickly. • Regarding requested enhancements or new feature development,the request will be fully documented and delivered to the DSI software engineering team for review for product inclusion,definition, development, prioritization,and sprint release development and confirmation. General, Administrative, and Cost • DSI must be in receipt of this SOW,signed by an authorized Client representative, prior to initiation of services including orientation calls or onsite visits. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 ON 180 20 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • As applicable,designated deliverables must be approved in writing using the DSI Deliverable Acceptance form. • Upon satisfactory completion of project,Client must provide project sign-off using the DSI Project Completion Acceptance form. • DSI is not responsible for delays caused by Client, its contractors,or any third party vendors or third party service providers. • All project documentation will be prepared in DSI standard format in Microsoft Word, Excel, PowerPoint, Project,Visio,and/or PDF. • This document could include technical inaccuracies and/or typographical errors. • Any request by City Of Seward to modify the scope of work,schedule,or costs will require preparation of a CCA form detailing the work to be performed,as well as the associated costs.Additional work will be performed only after both parties have duly executed the CCA.Scope of work changes will impact the project schedule which will be updated to reflect such changes upon CCA approval. • All on-site work will be conducted at Client's physical location.As required,appropriate Client personnel will be made available either at that location or via alternate means(e.g.,conference call)for in-person meetings,tours,and ad-hoc meetings with appropriate personnel for additional fact finding,data gathering,and reiteration demos. Client's Support • Client will provide the needed input, resources,and documentation to support the tasks contained herein. • Client will assign a project manager/leader to coordinate activities, reviews,and the collection of information in support of this project and to act as a point of contact. • Client team members will be identified and be part of the decision-making process as it relates to changes in process,applications,technology,etc. • Client will provide assistance in the development of functional requirements and will confirm those requirements meet the project's overall business objective. • Client business and technical staff must be available for team workshops, requirements gathering,data gathering,and/or consulting sessions. • Client will be responsible for scheduling and coordinating all meetings and interviews involving other teams,departments,jurisdictions,management teams,or other necessary resources required for the success of this project. • Client will provide access to resources in a manner consistent with the proposed schedule and provide suitable designees in the absence of required resources. • Client will provide adequate working facilities(i.e.,desk,computer,telephone,contractor identification, access badge, parking pass,etc.)for DSI to perform any portion of this project that must be conducted at Client's facility and access to all applicable software,databases,tools,and systems at their facilities. dudesolutions.com 11000 Regency Pkwy#110 ! Cary,NC 27518 181 21 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions • Client will ensure that the consultant(s)are granted access to the facilities and/or systems required to conduct the necessary work defined in this SOW. • Client will provide a knowledgeable Escort for data gathering, requirements gathering,tours,and access to restricted personnel as necessary. • A minimum of 24-hour notice if all minimum required members for any scheduled meeting cannot attend the meeting.This will allow the meeting coordinator sufficient time to cancel or re-schedule the meeting. • Advance notice if there is to be any additional incurred travel expenses above and beyond the contract. DSI will confirm approval of all travel dates and expenses in email from the appropriate project sponsors prior to being on site. Client Engagement Responsibilities The below table demonstrates the anticipated client engagement responsibilities and level of effort involvement to ensure the success of the project. Role Time (% FTE) Responsibilities Serve as primary Person of Contact Work with Dude PM to plan and schedule client resources ' Manage the scope of the paid services in SOW Coordinate Client staff assignments Manage Client activities to meet schedule commitments Implementation Project Lead 30-40% Mitigate all implementation risks ' Define requirement/layouts of reports purchased Identify requirements for any connectors purchased Sign-off on completion of all implementation services delivered Attend Implementation/configuration meetings Define and provide input into configuration Subject Matter Experts(Multiple) 40-60% Attend User Acceptance and validation Training Validate data and configuration Develop UAT Test Scripts dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 182 22 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations Solutions Manage infrastructure changes to support SmartGov • Provide the data to be migrated from systems IT Lead 5-10% Mitigate any technical issues • Coordinate technical assignments required to implement • SMARTConnectors,including GIS and parcel data Validate all data migrated • Comprehend the data in the prior system and Data Validator/UAT Testing 20-30% how it translates to Community Development • Verify the data that was validated • Participate in UAT Testing,execute test scripts and provide feedback • Manage SmartGov Configuration Create user accounts • Handle user access/privileges • Reset passwords System Administrator 10-15% Supervise organization information changes • Regulate system values Customize attributes • Generate ad hoc reports • Support internal usage of SmartGov • Manage data within SmartGov,specifically: • Accreditations • Task lists • Training Tracks Training Coordinator 10% ' Assessments Training Items • Training Location (conference room,off-site, etc.) • Participate in SmartGov training User Case-by-Case Participate in UAT Testing,execute Test Scripts dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 183 23 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions Change Control Authorization Process In order to maintain a positive relationship with our clients and to complete all services and deliverables of a project on a timely basis,all facets of the project must be agreed upon,and any changes to the project must be requested and evaluated for impacts. Change control is an essential mechanism to monitor and document all project changes and deviations from the original scope and objectives of the project.All project changes must be requested via the project CCA process.The basic steps for a change are: • The client team or DSI team discovers a need to change the project. • The authorized client project manager or DSI Project Manager is notified and a CCA is initiated. • The written project change request is reviewed by all necessary parties and either accepted or rejected. • If rejected,the change request is maintained in the project file for reference purposes. • If the written change request is accepted,then: • All necessary signatures are recorded on the change request • All affected documentation is revised to reflect the change(s) • Any adjustments to schedule,scope,and/or cost are made to the overall project plan • Signatures are required for all change requests • Copies of the official approved and signed CCA are forwarded to the customer project manager and DSI Project Manager for the documentation archive. DSI will forward a copy to the Project Accounting Team in the office to update the project information and budget(if necessary). Change Control Authorizations Process Steps Step Type Description A request is made for a change to the agreed upon scope baseline.The request 1 Request may be internally or externally generated, must be formally written and communicated to the project manager,and may have been prompted by any number of reasons or events. The project manager facilitates an evaluation to confirm that the requested 2 Evaluate change is in fact a change to the agreed upon scope baseline. If so,the project manager implements the request as described below. If the request is in fact a change to the scope baseline,the project manager 3 Assess assesses the impact on project schedule,budget and work products, using a similar approach as the original project planning process, utilizing team member expertise as needed. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 184 24 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions The project manager documents the project impact and other critical 4 Document information in a CCA form.A summary of the change is recorded in a change order log.This log is required,and is a very useful tracking tool,and is included in the project status report. The change order is presented to the project's governing authority,typically a steering committee,stakeholder's,or equivalent. In some cases,the project may 5 Decide have a separate change management board to process change requests.The governing authority decides whether or not to implement the change,and obtains approval for any needed additional resources(if it does not itself have the authority to authorize resource changes). The project manager incorporates changes into the project's scope baseline in 6 Incorporate the form of such artifacts as contracts,statements of work,project plans, requirements and design documents per the approved CCA document. 7 Implement The project team implements the changes. dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 185 25 DocuSign Envelope ID:CC50504F-8367-4C37-B1B1-F22A4424B4E8 Dude Software for Smarter operations ;001; solutions Proposal terms • Proposal has been prepared for City Of Seward("Subscriber") • Proposal expires in sixty(60)days • Initial Term:4 months Order Form terms • This Order Form and its Services are governed by the terms of the Dude Solutions, Inc. Subscription Agreement found at https://www.dudesolutions.com/terms(https://www.dudesolutions.com/terms) ("Terms"), unless Subscriber has a separate written agreement executed by Dude Solutions, Inc.("DSI") for the Services, in which case the separate written agreement will govern.Acceptance is expressly limited to these Terms. Any additional or different terms proposed by Subscriber(including,without limitation,any terms contained in any Subscriber purchase order)are objected to and rejected and will be deemed a material alteration hereof. • Acceptance of this Order Form on behalf of a company or legal entity represents that you have authority to bind such entity and its affiliates to the order,terms and conditions herein. If you do not have such authority,or you do not agree with the Terms set forth herein,you must not accept this Order From and may not use the Service. • The Effective Date of the Agreement between Subscriber and DSI is the date Subscriber accepts this Order Form. Additional information • DSI fees do not include any taxes, levies,duties,or similar government assessments for which Subscriber may be responsible.Tax exemption certifications can be sent to accountsreceiveable@dudesolutions.com(mailto:accountsreceiveable@dudesolutions.com). • Billing frequency other than annual is subject to additional processing fees. • Please reference Q-193632 on any applicable purchase order; address purchase order to: Dude Solutions, 11000 Regency Parkway,Suite 110,Cary, NC 27518 • Dude Solutions, Inc. maintains the necessary liability coverage for its products and professional services. Proof of insurance can be provided upon request. Q-193632 Accepted by: Dude Solutions Acceptance: Brian Benfer Printed Name Printed Name DOCUSigned�by�:� ODAAD7�31FF94E6... dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 186 DocuSign Envelope ID:CC50504F-8367-4C37-B1131-F22A4424B4E8 Dude Software for Smarter operations ;001; Solutions Signed Name Signed Name SVP, Sales Title Title 8/7/2020 1 8:30:11 AM PDT Date Date dudesolutions.com 11000 Regency Pkwy#110 1 Cary,NC 27518 A 187 27 City of Seward Business License -Underway Name: DUDE SOLUTIONS INC Dba: Address: 111000 REGENCY PARKh.'U.AY,STE 110 City,St,Zip: ICARY NC 27518 Contact: IKELLY CAPUTO Type: INFORMATION-SOFTWARE PUBLISHERS Phy Adrs: 4-10.AD.AMS ST Phone,Fax,Cell: 919-816-8237 EMail: CONTRACTS@DUDESOLUTIONS.COM ■ F- Closed F- Denied vv Pending F- Seasonal City License No: F- Date of Lic: KPD,State,MMlYY F- 2108716 12121 OWNER IS DUDE SOLUTIONS INTERMEDIATE HOLDING INC Comments: L.emm anril7 State of Alaska Business License—Valid through 12/31/2021 b,l:a :h Bueureaa fkenau a 2.108716 Alaska Department of Commerce,Community,and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 1108D6,Juneau,AFC 9M 11-D806 This is to certry that Dude Solutions, Inc. 11000 Regency Pkwy.,Ste.110,Cary,NC Y751 S owned by Duclie Solutions,Inc. is Incensed by the departmenl to conduct business for the mod June 3D,2020 to December 31,2021 far the following Iine(s)of business' 51-Intorrnabon awk�,ot•ryF, hT This license shall mA be taken as penmmsron to do business in the state without having complied with the other requirements of the lays of the State or of the United States. ti This license must b#posted in a conspicuous place at the business lo[21gn It is not transferable or assignable. Julie Anderson "ALA, Commhssg 188 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO REPLACE UTILITY LINE VEHICLE UNIT 502 WITH THE PURCHASE OF A 2020 FORD-250 4x4 SD CREW CAB FROM KENDALL FORD FLEET USING THE STATE OF ALASKA PROCUREMENT PROCESS FOR COMPETITIVE BIDDING FOR THE AMOUNT OF $40,640, AND APPROPRIATING FUNDS WHEREAS, the Electric Department needs a new engineer truck to replace vehicle unit 502, a 2004 Dodge Ram 250 Quad cab that has incurred significant repair costs; making replacement necessary and more cost-efficient; and WHEREAS, this vehicle is essential to the day-to-day operations of the Electric Department; and serves as the primary service vehicle for the engineer when out in the field; and WHEREAS, the Electric Department utilized the State of Alaska's competitive procurement requirements to select the preferred vendor, Kendall Ford Fleet for the vehicle; and WHEREAS, the City solicited this quote based on the State's competitive procurement process for an engineer truck, and Kendall Ford Fleet provided the bid to meet the City's criteria; and WHEREAS, the Electric Department will acquire the new vehicle by sole sourcing as allowed under Seward City Code Section 6.10.120 (A) To supplies, materials, equipment or contractual services which can only be furnished by a single dealer or which have a uniform published price; and WHEREAS, the Electric Department annually contributes funds to the Motor Pool Fund for the eventual replacement of the vehicle. 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 purchase a 2020 Ford-250 4x4 Crew Cab from the Kendall Ford Fleet for $40,640.00 with funding to come from the Motor Pool Fund reserves. Section 2. Funding in the amount of$40,640 is hereby appropriated from the Motor Pool Fund reserves account 03000-0000-3400 to capital equipment account no. 03000-3000- 8103. 189 CITY OF SEWARD,ALASKA RESOLUTION 2020-068 Section 3. This purchase follows section SCC 6.01.010.1: "Maximize the purchasing value of public funds in the procurement of goods and services for the City" a 6.10.120(b) of Seward City Code for purchasing: "The City may utilize competitive bids obtained by other governmental units". Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24rh day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 190 Agenda Statement Meeting Date: August 24, 2020 ' To: City Council Through: Scott Meszarroo-s, City Manager From: Cory Borgeson, Interim Electric Department Manager Agenda Item: Authorize the City Manager to replace utility line vehicle #502 with the purchase of a 2020 Ford-250 4x4 SD Crew Cab from Kendall Ford Fleet using the State of Alaska's procurement process for competitive bidding for the amount of$40,640.00 and appropriating funds. BACKGROUND & JUSTIFICATION: The Electric Department needs to replace vehicle unit 502, a 2004 Dodge Ram 250 Quad Cab. Unit 502 has been in the shop multiple times to replace the following parts: differential bearings and pinion gear, upper and lower ball joints, brakes, shocks, U joints, front and rear bent drive lines. It has also logged 100,000 miles, is over ten years old, and has incurred repair cost totaling around $13,000.00. Currently, it has terrible vibration and needs a new differential. This will increase repair costs even more. To reduce costs, Electric staff recommends the purchase of a 2020 Ford-250 4x4 Crew Cab from the Kendall Ford Fleet for$40,640.00 using the State bidding list, since, according to the Seward City Code, section 6.10.120.A, the City is allowed to use other governmental procurement procedures. INTENT: To replace the Electric Department's utility line vehicle unit 502 with a reliable car that will save the City money in future repair costs. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (docurnent source here): X 2. Strategic Plan ((locionent source here): X 3. Other(list): X FISCAL NOTE: Funding for this purchase will come from the Motor Pool Fund unassigned fund balance. The Electric Fund contributes annual motor pool ren to fund future vehicle replacements. Approved by Finance Department: 191 ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approves Resolution 2020-068, authorizing the City Manager to purchase from Kendall Ford Fleet a 2020 Ford-250 44 SD Crew Cab for $40,640.00 and appropriating funds. 192 Prepared for: James Unrein, City of Seward $401640.00 includes: dmv leer canopy go light led beacon running boards 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 40 7 I Client Proposal Prepared by: TERESA WINTER Office: 907-793-8216 Date: 07/24/2020 Kendall Ford Fleet 1 431 Unga St, Anchorage, Alaska , 99501 193 Office: 907-793-8216 1 Fax: 907-793-8255 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 40 As Configured Vehicle Code Description Base Vehicle W213 Base Vehicle Price (W2B) Packages 600A Order Code 600A Includes: Engine:6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Transmission:TorgShift-G 6-Spd Auto w/SelectShift GVWR:10,000lb Payload Package Tires:L T245/75Rx 17E BS W A/S(4) Spare may not be the same as road tire. Wheels:17"Argent Painted Steel Includes painted hub covers/center ornaments. Radio:AM/FM Stereo w/MP3 Player Includes 4 speakers. -SYNC Communications&Entertainment System Includes enhanced voice recognition with 911 Assist,4.2"LCD center stack screen,AppLink and 1 smart-charging USB-C port. Powertrain 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel 44S Transmission: TorgShift-G 6-Spd Auto w/SelectShift ME Electronic-Locking w/3.73 Axle Ratio STDGV GVWR: 10,000 lb Payload Package Wheels & Tires TD8 Tires: LT245/75Rx17E BSW A/S (4) Spare may not be the same as road tire. 64A Wheels: 17"Argent Painted Steel Includes painted hub covers/center ornaments. Seats & Seat Trim 1 Cloth 40/20/40 Split Bench Seat Includes center armrest,cupholder,storage and driver's side manual lumbar. Other Options 160WB 160"Wheelbase 96V XL Value Package Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 194 2 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 40 As Configured Vehicle (cont'd) Code Description Includes: Bright Chrome Hub Covers&Center Ornaments Chrome Front Bumper Chrome Rear Step Bumper Steering Wheel-Mounted Cruise Control 90L Power Equipment Group Deletes passenger-side lock cylinder.Includes upgraded door trim panel. Includes: Accessory Delay Manual Telescoping/Folding Trailer Tow Mirrors Includes power heated glass,heated convex spotter mirror and integrated clearance lights and turn signal indicators. -Advanced Security Pack Includes SecuriLock Passive Anti-Theft System(PATS)and inclination/intrusion sensors. Power Locks Power Tailgate Lock Power Front&Rear Seat Windows Includes 1-touch up/down driver/passenger window. Remote Keyless Entry 473 Snow Plow Prep Package Requires Extra Extra Heavy-Duty Alternator(67E)when ordered with Upfitter Switches (66S) and 110V/400W Outlet(43C). Includes computer selected springs for snowplow application.NOTE 1: Restrictions apply;see Supplemental Reference or Body Builders Layout Book for details.NOTE 2:May result in deterioration of ride quality when vehicle is not equipped with snowplow. Includes: -200 Amp Alternator 41 H Engine Block Heater 52B Trailer Brake Controller Verified to be compatible with select electric over hydraulic brakes. Includes smart trailer tow connector. PAINT Monotone Paint Application 66S Upfitter Switches (6) Requires Extra Extra Heavy-Duty Alternator(67E)when ordered with 110V/400W Outlet(43C) and Snow Plow Pkg. (473)or Snow Plow/Camper Pkg. (47B). Located in overhead console. Includes: -200 Amp Alternator 587 Radio:AM/FM Stereo w/MP3 Player Includes 4 speakers. Includes: -SYNC Communications&Entertainment System Includes enhanced voice recognition with 911 Assist,4.2"LCD center stack screen,AppLink and 1 smart-charging USB-C port. Emissions 425 50-State Emissions System Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 195 3 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 40 As Configured Vehicle (cont'd) Code Description Interior Colors 1S_02 Medium Earth Gray Primary Colors Z1 01 Oxford White Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 196 4 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 40 Selected Equip & Specs Dimensions • Exterior length: 250.0" • Cab to axle: 39.9" • Exterior width: 80.0" • Exterior height: 81.5" •Wheelbase: 160.0" • Front track: 68.3" • Rear track: 67.2" •Turning radius: 26.5 • Min ground clearance: 8.2" • Front legroom: 43.9" • Rear legroom: 43.6" • Front headroom: 40.8" • Rear headroom: 40.4" • Front hiproom: 62.5" • Rear hiproom: 64.7" • Front shoulder room: 66.7" • Rear shoulder room: 65.9" • Passenger volume: 131.7cu.ft. •Approach angle: 17.9 deg • Departure angle: 22.1 deg • Cargo volume: 52.1cu.ft. • Maximum cargo volume: 52.1cu.ft. • Box length: 81.9" Powertrain • 385hp 6.2L SOHC 16 valve V-8 engine with variable valve control, SMPI • Recommended fuel : regular unleaded federal •TorgShift-G 6 speed automatic transmission with overdrive • Part-time • Fuel Economy Cty: N/A• Fuel Economy Highway: N/A Suspension/Handling • Front Mono-beam non-independent suspension with anti-roll bar, HD shocks • Rear rigid axle leaf spring suspension with HD shocks • Firm ride Suspension • Hydraulic power-assist re-circulating ball Steering • Front and rear 17 x 7.5 argent steel wheels • LT245/75SR17 EBSW AS front and rear tires Body Exterior •4 doors • Conventional left rear passenger• Conventional right rear passenger* Driver and passenger power remote heated, manual folding door mirrors with turn signal indicator*Turn signal indicator in mirrors • Black door mirrors *Chrome bumpers* Class V trailer hitch with with brake controller and trailer sway control • Bed-rail protectors •Trailer harness • Box style: regular• Clearcoat paint• Front and rear 17 x 7.5 wheels • 2 front tow hook(s) Convenience • Manual air conditioning with air filter*Cruise control with steering wheel controls* Power windows* Driver and passenger 1-touch up* Driver and passenger 1-touch down * Remote power door locks with 2 stage unlock and illuminated entry • Manual tilt steering wheel • Manual telescopic steering wheel • Day-night rearview mirror• ForclPass Connect 4G internet access • SYNC 911 Assist emergency SOS •Wireless phone connectivity •AppLink smart device integration •2 1st row LCD monitors • Front and rear cupholders • Passenger visor mirror• Full overhead console Driver and passenger door bins* Rear door bins* Upfitter switches Seats and Trim • Seating capacity of 6 • Front 40-20-40 split-bench seat•4-way driver seat adjustment• Manual driver lumbar support 4-way passenger seat adjustment•Centre front armrest with storage • 60-40 folding rear split-bench seat*Cloth seat upholstery Entertainment Features •AM/FM stereo radio •SYNC external memory control • Steering wheel mounted radio controls •4 speakers •Streaming audio • Fixed antenna Lighting, Visibility and Instrumentation Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 197 5 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) • Halogen aero-composite headlights • Delay-off headlights • Fully automatic headlights •Variable intermittent front windshield wipers • Light tinted windows • Front and rear reading lights •Tachometer•Oil pressure gauge • Compass Outside temperature display • Camera(s)- rear• Low tire pressure warning •Trip computer•Trip odometer Safety and Security •4-wheel ABS brakes • Brake assist with hill hold control •4-wheel disc brakes •AdvanceTrac w/Roll Stability Control Electronic stability control •ABS and driveline traction control • Dual front impact airbag supplemental restraint system Dual seat mounted side impact airbag supplemental restraint system • Safety Canopy System curtain 1st and 2nd row overhead airbag supplemental restraint system* Remote activated perimeter/approach lighting * Power remote door locks with 2 stage unlock and panic alarm *Security system with SecuriLock immobilizer• MyKey restricted driving mode • Manually adjustable front head restraints • 3 manually adjustable rear head restraints Dimensions General Weights *Curb 6,515 lbs. GVWR _ _ 10,000 lbs. Payload 3,470 lbs. Front Weights *Front GAWR 5,600 lbs. *Front curb weight 3,842 lbs. Front axle capacity 6,000 lbs. *Front spring rating 5,600 lbs. Front tire/wheel capacity 6,390 lbs. Rear Weights Rear GAWR 6,340 lbs. *Rear curb weight 2,673 lbs. Rear axle capacity 6,200 lbs. Rear spring rating 6,340 lbs. Rear tire/wheel capacity 6,390 lbs. Trailering Type Type Regular Harness Yes Class V Hitch Yes *Brake controller Yes Trailer sway control Yes General Trailering 5th-wheel towing capacity_ __ _ __ _ _ 12500 lbs. Gooseneck towing capacity_ _ __ _ __ 12500 lbs. Towing capacity 12500 lbs. GCWR 19500 lbs. Fuel Tank type Capacity 34 gal. Off Road Approach angle 18 deg Departure angle 22 deg Ramp breakover angle 23 deg Min ground clearance 8 " Load floor height 38 " Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 198 6 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Exterior cargo Length 81.9 " Minimum width 50.5 Volume 65.4 cu.ft. Pickup box depth 21.1 " Maximum width 66.9 " Tailgate width 60.5 " Interior cargo Cargo volume 52.1 cu.ft. Maximum cargo volume 52.1 cu.ft. Powertrain Engine Type Block material Iron Cylinders V-8 Head material Aluminum Ignition Spark Injection Sequential MPI Liters 6.2L Orientation Longitudinal Recommended fuel Regular unleaded Valves per cylinder 2 Valvetrain _ _ _ SOHC Variable valve control Yes Engine Spec Bore 4.02" Compression ratio __ _ __ _ __ _ __ _ _9.8:1 Displacement 379 cu.ln. Stroke 3.74" Engine Power SAEJ1349 AUG2004 compliant__ _ __ _ _ _ _ Yes Output 385 HP @ 5,750 RPM Torque 430 ft.-lb @ 3,800 RPM Alternator *Type HD *Amps 200 Battery Amp hours 72 Cold cranking amps 650 Run down protection Yes Engine Extras *Block heater Yes Transmission Electronic control Yes Lock-up Yes Overdrive Yes Speed 6 Type Automatic Transmission Gear Ratios 1st 4.17 2nd __ _ __ _ __ 2.34 3rd 1.52 4th 1.14 5th 0.87 6th 0.69 Reverse Gear ratios 3.4 Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 199 7 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Transmission Torque Converter Stall ratio 2.01 Transmission Extras Driver selectable mode Yes Sequential shift control SelectShlft Oil cooler Regular duty Drive Type 4wd type Part-time Type Four-wheel Drive Feature Traction control ABS and drlvellne Locking hub control Auto Transfer case shift Electronic *Rear locking differential Driver selectable Drive Axle Ratio 3.73 Exhaust Material Stainless steel System type Single Emissions CARE Federal fuel Economy Fuel type Gasoline Fuel Economy (Alternate 1) Fuel type E85 Acceleration 0-60 mph (s) _ __ _ _ 6.77 114 Mile Seconds 15.2 Speed 91 mph Skid Pad Lateral acceleration (g) 0.6 Slalom Speed 50 mph Driveability Brakes ABS 4-wheel ABS channels 4 Type 4-wheel disc vented discs Front and rear Brake Assistance Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 200 8 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Brake assist Yes Hill hold control Yes Suspension Control Ride Firm Electronic stability control Stability control with anti-roll Front Suspension Independence Mono-beam non-independent Anti-roll bar Regular Front Spring Type Coil *Grade HD Front Shocks Type HD Rear Suspension Independence Rigid axle Type Leaf Rear Spring Type Leaf Grade HD Rear Shocks Type HD Steering Activation Hydraulic power-assist Type Re-circulating ball Steering Specs #of wheels 2 Exterior Front Wheels Diameter 17" Width 7.50" Rear Wheels Diameter 17" Width 7.50" Spare Wheels Wheel material Steel Front and Rear Wheels Appearance Argent Material Steel Covers Hub Front Tires Aspect 75 Diameter 17" Sidewalls _ _ __ BSW Speed S Tread AS Type LT Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 201 9 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Width 245mm LT load rating E RPM 645 Rear Tires Aspect 75 Diameter 17" Sidewalls BSW Speed S Tread AS Type LT Width 245mm LT load rating E RPM 645 Spare Tire Mount Underbody w/crankdown Type Full-size Wheels Front track 68.3" Rear track 67.2" Turning radius 26.5' Wheelbase _ __ _ __ _ __ __ _ 160.0" Body Features Front license plate bracket Yes Body material Aluminum Side impact beams Yes Front tow hook(s) _ _ 2 Body Doors Door count 4 Left rear passenger Conventional Right rear passenger Conventional Rear cargo Tailgate Pickup Box style Regular Bed-rail protectors Yes Exterior Dimensions Length 250.0" Body width 80.0" Body height 81.5" Cab to axle 39.9" Frame section modulus 10.7cu.ln. Frame yield strength (psi)_ _ __ _ __ _ __50000.0 Front bumper to Front axle 38.2" Front bumper to back of cab 151.8" Safety Airbags Driver front-impact Yes Driver side-impact Seat mounted Overhead Safety Canopy System curtain 1st Passenger front-impact Yes and 2nd row Passenger side-impact Seat mounted Seatbelt Rear centre 3 point Yes Height adjustable Front Security Immobilizer SecuriLock *Panic alarm Yes Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 202 10 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Restricted driving mode MyKey Seating Passenger Capacity Capacity 6 Front Seats Split 40-20-40 Type Split-bench Driver Seat Fore/aft Manual Reclining Manual Way direction control 4 Lumbar support Manual Passengerseat Fore/aft Manual Reclining Manual Way direction control 4 Front Head Restraint Control Manual Type Adjustable Front Armrest Centre Yes Storage Yes Rear Seats Descriptor Split-bench Facing Front Folding 60-40 Folding position Fold-up cushion Type Fixed Rear Head Restraints Control Manual Type Adjustable Number 3 Front Seat Trim *Material Cloth *Back material Cloth Rear Seat Trim Group *Material Cloth Back material Carpet Convenience AC And Heat Type Air conditioning Manual Air filter Yes Underseat ducts Yes Audio System Radio AM/FM stereo Radio grade Regular Seek-scan Yes External memory control SYNC Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 203 11 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Audio Speakers Speaker type Regular Speakers 4 Audio Controls Steering wheel controls Yes Voice activation Yes Streaming audio Bluetooth yes Audio Antenna Type Fixed LCD Monitors 1st row 2 Primary monitor size (inches) 4.2 Cruise Control -Cruise control With steering wheel controls Convenience Features *Retained accessory power Yes 12V DC power outlet 2 Emergency SOS SYNC 911 Assist Wireless phone connectivity Bluetooth Smart device integration App link *Upfitter switches Yes Door Lock Activation *Type_ _ __ _ __ _Power with 2 stage unlock *Remote Keyfob (all doors) *Integrated key/remote Yes Door Lock Type *Tailgate/rear door lock Included with power doorlocks Door Locks Extra FOB Controls Remote engine start Smart device only Instrumentation Type Display Analog Instrumentation Gauges Tachometer Yes Oil pressure Yes Engine temperature Yes Transmission fluid temp Yes Engine hour meter Yes Instrumentation Warnings Oil pressure Yes Engine temperature Yes Battery Yes Lights on Yes Key Yes Low fuel Yes Door ajar Yes Service interval Yes Brake fluid Yes Low tire pressure Tire Specific Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 204 12 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) Instrumentation Displays Clock In-radio display Compass Yes Exterior temp Yes Systems monitor Yes Camera(s)- rear Yes Instrumentation Feature Trip computer Yes Trip odometer Yes Steering Wheel Type Material Urethane Tilting Manual Telescoping Manual Front Side Windows -Window 1st row activation Power Windows Rear Side *2nd row activation Power Window Features *1-touch down Driver and passenger *1-touch up Driver and passenger Tinted Light Front Windshield Wiper Variable intermittent Rear Windshield Window Fixed Interior Passenger Visor Mirror Yes Rear View Mirror Day-night Yes Headliner Coverage Full Material Cloth Floor Trim Coverage Full Covering Vinyl/rubber Trim Feature Gear shifter material Urethane Interior accents Chrome Lighting Dome light type Fade Front reading Yes Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 205 13 Prepared for: James Unrein City of Seward Prepared by: TERESA WINTER 07/24/2020 Kendall Ford Fleet 1 431 Unga St Anchorage Alaska 199501 2020 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W213) Price Level: 40 Selected Equip & Specs (cont'd) *Illuminated entry Yes Rear reading Yes Variable IP lighting Yes Overhead Console Storage Storage Yes Type Full Storage *Driver door bin Yes Front Beverage holder(s) Yes Glove box Locking *Passenger door bin Yes Illuminated Yes Rear yes Yes Instrument panel Covered bin Dashboard Yes *Rear door bins Yes Legroom Front 43.9" Rear 43.6" Headroom Front 40.8" Rear 40.4" Hip Room Front 62.5" Rear 64.7" Shoulder Room Front 66.7" Rear 65.9" Interior Volume Passenger volume 131.7 cu.ft. Prices and content availability as shown are subject to change and should be treated as estimates only.Actual base vehicle,package and option pricing may vary from this estimate because of special local pricing,availability or pricing adjustments not reflected in the dealer's computer system.See salesperson for the most current information. 206 14 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH THE FINANCIAL ENGINEERING COMPANY, TO PREPARE A RATE STUDY FOR THE ELECTRIC ENTERPRISE FUND FOR AN AMOUNT NOT-TO-EXCEED $40,000,AND APPROPRIATING FUNDS WHEREAS, the City of Seward will start the process of negotiating a new Power Sales Agreement as the contract with Chugach Electric Association (CEA)will expire the end of 2021; and WHEREAS, the City Electric Utility will want to have a clear understanding of the cost of providing power to all classes of customers so that negotiations for a new power sales agreement can be tailored to provide each class of customers with the lowest cost power available; and WHEREAS, the laws of the State of Alaska require public utilities to charge customers based on the principles of cost causer, cost payer; and WHEREAS, the City's Electric Utility should consider the need to have different rate classes of customers so that each class can be charged according to cost causer, cost payer principles; and WHEREAS, the City's Electric Utility has not changed rates since 2018, and the Electric Rate Study has not been done since 2014; and WHEREAS, the City of Seward needs to make sure that the utility is providing reliable power at the lowest cost possible; and WHEREAS, a rate study will undertake a complete look at the cost of providing reliable power to those served by the City of Seward; and WHEREAS, a rate study will also ensure that each class of ratepayers will pay appropriate rates for their electric service including the costs of connecting services and other charges for connection and disconnection; and WHEREAS, the Electric Utility has recently installed a new metering system that could affect the fees and charges allocated to customers; and WHEREAS, Michael Hubbard of The Financial Engineering Company has provided professional services for City of Seward previously and is qualified and capable of performing 207 CITY OF SEWARD,ALASKA RESOLUTION 2020-069 the Electric Enterprise Fund rate study; and WHEREAS,Hubbard is available to do this study in an expeditious manner; and WHEREAS, The Financial Engineering Company can do this study for an amount not- to-exceed $40,000; and WHEREAS, The Financial Engineering Company can be contracted for these services consistent with the City's bid procedures, as read in section 6.10.120 of the City Code, which allows for an exemption of competitive bidding for the procurement of professional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a Professional Services Contract with The Financial Engineering Company to include an Electric Rate Study. Section 2. The contract will be performed at a cost not-to-exceed $40,000. Section 3. Funding in the amount of$40,000 is hereby appropriated from Electric Fund unassigned fund balance account no. 15000-0000-3400 to contracted services account no 15000- 3000-7009. Section 4. The City Manager shall have a rate study"kick off work session at a Council meeting or at a Council work session within 30 days of the passage of this Resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: 208 Agenda Statement Meeting Date: August 24, 2020 To: City Council Through: Scott Meszaros, City Manager From: Cory Borgeson, Interim Electric Director Agenda Item: A Resolution of the City Council of The City of Seward,Alaska,Authorizing the City Manager to Enter Into a Professional Services Contract with the Financial Engineering Company, to Prepare a Rate Study for the Electric Enterprise Fund for an Amount Not-To-Exceed$40,000,and Appropriating Funds. BACKGROUND & JUSTIFICATION: The setting of just and reasonable rates is one of the most important decisions a governing body of utility undertakes. Since the City of Seward Electric is not subject to rate regulation by the Regulatory Commission of Alaska,this responsibility takes on even more significance. Alaska law requires utility rates be just and reasonable and allocate costs based on the principals of cost causer/cost payer. Seward's rates structure for residential users has three components; 1. Customer Charge which is supposed to represent the cost of hooking onto the system, 2. Utility Charge which covers the operations and interest and depreciation expense of the utility; and 3. the cost of Power which is a pass thru of energy costs which represents Seward's costs of power from Chugach Electric. For commercial users, there are an additional charge called the demand charge which ensures that large users pay enough in rates to cover their peak electric usage. This rate study will look at these rates as well as analyze the revenue requirements for the utility. The City last did a rate review in 20I6/2017. There have been adjustments to rates based on the consumer Price Index. The cost of power is adjusted monthly as Chugach Electric's rates for Seward fluctuate monthly. There are several reasons for doing a comprehensive rate study, including, but not limited to: the need to look at industrial rates, changing costs of operations that are not reflected by CPI, and changes in electric loads and usage that could change allocation of costs among classes of customers. When setting electric rates, a utility's goal is twofold. First and foremost is to set rates to recover adequate revenues. Second, the utility should strive to set rates for each customer class close to the allocated cost of service. This helps ensure that the cost causer is the cost payer. 209 The second goal of setting rates close to the allocated cost of service,can only be achieved through a study that requires large amounts of staff time or the expense of hiring outside consultants. For this reason, utilities typically perform studies on an infrequent basis and implement interim rate adjustments on an"across-the-board"basis where all rates are adjusted by the same percentage or by the same amount. The All Requirements Power Sales Agreement with Chugach Electric will end in December of 2021. Performing this study will help the City understand the electric needs of Seward's citizens resulting in fair and reasonable rates based on electric consumption. This will also allow Seward to gain information that can help negotiate a new Power Sales Agreement that can better incorporate Seward's industrial users. These factors indicate it is time to do a full rate case and not set interim rates for two more years. Mike Hubbard of Financial Engineer Company has worked with the City of Seward for the past ten years. His proposal (which is attached)sets the cost at just under$40,000 and certainly reflects his knowledge base. Using the Financial Engineer Company saves the City costs and will allow for an efficient rate study process. This rate study should take between four to six months with the goal of having it completed in four months. Also, this contract with the Financial Engineering Company is consistent with the City's bid procedures as quoted below in section 6.10.120 of the City Code,which allows for an exemption of competitive bidding of professional services: "Professional services are those that require special knowledge and judgment that includes analysis, evaluation, prediction, planning or recommendations and which result in the production of a report or the completion of a task. Examples of professional services include accounting, architectural, appraisal, engineering, land surveying, financial consultation, legal services, lobbying, planning, economic analysis, computer programming and system analysis, insurance consultation and risk analysis, and other specialized services." INTENT: Enter into a Professional Services Contract with the Financial Engineering Company, to prepare a rate study for the Electric Enterprise Fund for an amount not-to-exceed$40,000. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: x 2. Strategic Plan: x 3. Other: FISCAL NOTE: Funding for this contract will come from Electric Fund reserves and expended to the contracted services account. Approved by Finance Department: 210 ATTORNEY REVIEW: Yes X_ No Not Applicable RECOMMENDATION: City Council approve Resolution 2020-069, authorizing the City Manager to enter into a Professional Services Contract of the Financial Engineering Company, to prepare a rate study for the Electric Enterprise Fund for an amount not to exceed$40,000. 211 the 1, inanCial Engineering Company 235 Rockland Street, Rockport, Maine 04856 www,FinEngCo.com Phone: (207)593-913I Cell/Text: (207)691-8347 E-mail: mhubbard@FinEngCo.com August 18, 2020 Mr.,Cory Borgeson, Electric Utility Manager City(of Seward PO Box 167 Seward, Alaska 99664 Dear Cory. Attached is a proposed contract for a Cost of Service/Rate Design study for the Electric Utility. If you have any questions regarding the attached material, please do not hesitate to call for text me at (207) 691-8347. Very truly yours, THE'fINANCIAL ENGINEERING COMPANY MICHAEL D. HUBBARD 212 CONTRACT Thq Financial Engineering Company ("FEC") shall provide the following work for the City of Seward ("City") regarding a cost-of-service/rate study for the City's Electric Utility. METHODOLOGY Overall — A cost-of-service study is to be performed that properly allocates the Electric UtiiGty's revenue requirements to each customer class. Although the utility is not rate regulated by the Regulatory Commission of Alaska ("RCA"), the work will be performed using the guidelines set by the RCA for regulated utilities. Thus, revenue requirements will be allocated to each customer class using appropriate functionalization, classification, and allobation factors set forth in the cost allocation manual developed by the National Association of Regulatory Utility Commissioners (the "NARUC Manual"). Rates will then be designed such that the revenues collected from each customer class will be approximately equal to the allocated revenue requirements. In this way, the "cost causer" becomes the `"cost payer." The study will be similar to past studies performed for the City but will include an analysis regarding the establishment of an Industrial rate for very large customers. The adequacy of rates will be reviewed over a two-year period commensurate with the current budget cycle (20�0/2021). The City also desires to compare its electric rates with those of other Railbelt utilities as well as various other utilities in the State. These comparisons can then be used to make decisions regarding the need to implement budget adjustments going forward. Task 1 - Data Request. A data request will be prepared and forwarded to the City. Once the data is received, it will be reviewed and a preliminary analysis will be performed regairding potential rate classes, revenue adequacy and other metrics. Task 2 — Initial Meeting (virtual). Once the preliminary analysis is performed, a virtual meeting (via Zoom or similar) will be held between City staff and the Financial Engineering Company. The purpose of the meeting is to: • Review the proposed scope of work and make necessary clarifications, modifications, or additions. • Review data collected from the initial data request and obtain supplemental information as necessary. • Discuss known factors that will change historical operating results. (This process, referred to as normalizing revenue requirements, is discussed in greater detail below.) • Discuss billing history and how billing determinants may change in the near future. - 1 - 213 • Discuss the preliminary findings. Task 3 — Model Update/Analysis. The Revenue Requirements/Cast-of-Service/Rate Design model developed for previous studies will be updated and modified to provide a two-year forecast using the preliminary budgets for 2020/2021. The model will also include actual 2078 operating expenses and expected expenses for 2019 to illustrate changes in line-item budget amounts. Projected revenues will be based on assumed billing determinants and existing rates. Billing determinants will be equal to recent history but modified based on conlversations with staff. The model will then allocate the revenue requirements to the various customer classes basbd on industry-accepted principles. In general terms, variable costs are allocated based on each class' respective energy requirements, fixed generation and distribution costs allocated based on each class' contribution to coincident and non-coincident peak, and customer-related costs based on number of customers. At times, direct assignments are used where costs can be attributed to a specific customer class. Demand data is typically difficult to obtain for those classes that are not demand metered, but the Financial Engineering Company has developed methodologies for estimating these amounts, and these methodologies have been accepted by the Regulatory Commission of Alaska. As part of the analysis, the model shall be modified to include an option of establishing an additional Industrial rate class for very large customers. Billing data of large customers shall be reviewed to determine a logical threshold for this new rate class. Options will be explored that can be implemented to smooth large swings in the monthly Fuel Cost Adjustment will be investigated. Historical amounts will be reviewed as well as the Cause of any large swings. From this, options can be developed and provided to the City for consideration, The model will be developed using the Excel platform. Task 4 — Rate Design. The rate model will determine the adequacy of rates under several scenarios. These scenarios include the following. M Overall adequacy. The total utility revenues projected to be collected for 2020 and 2021 will be compared to the total utility revenue requirements for each year based on the following rates. o Existing rates o CPI adjustment for 2021 only o Other adjustments • Individual Rate Class. How close each rate class' rates are set to cost-of-service will be determined by comparing the revenue requirements allocated to the rate class to the projected collected revenues from the rate class. Revenues will be based on the adjustments described above. - 2 - 214 Industrial Rate. As described in Task 3, the option of establishing an Industrial rate for very large customers shall be included in the model. The analysis and summary of findings will include both with and without a new Industrial rate. In order to facilitate the understanding of overall rate adequacy and the comparison to other rates (Task 5), an analysis shall be performed that shows how budgeted revenue requirements must change for each $0.025/kWh in rates. In other words, if existing rates were to be reduced by $0.025/kWh, the budget must be decreased by "x amount" to maintain adequate revenues. Task 5 — Other Rates. Rates of the Railbelt utilities and selected other utilities within the State will be collected and a comparison made to those of Seward. The comparison will be made for each rate class of Seward and will show monthly bills for various usage levels. The comparison will separate base rates and fuel cost adjustments in the event inferences can be made. If the rates developed in Task 4 are higher than other utilities, a summary shall be provided that shows the budgetary reductions required for rate parity. Task 6 — Written Report. A written report describing the analysis and findings will be prepared. The report shall also make reference to industry-accepted practices so that the reader will know that the analysis was performed with no hidden agendas and would meet the requirements of an RCA review. The report shall be written such that those not knowledgeable of the electric utility industry can understand the work performed. Task 7 — Presentations. A virtual presentation shall be made to the City Council. The presentation shall summarize the report and provide the Council and public opportunities to have any questions and concerns addressed. The presentation will include a review of curront and proposed rates and the calculation of a customer's bill for each rate class. Task 8—Refinement. The analysis, rate development, and report will be refined, if required, based on any concerns of the Council. BUDGET A budget to perform the scope of work has been prepared and is summarized in Attachment 1. The budget is based on two site visits (preliminary and presentation). Should a second meeting with Council be required, costs for that work and meeting are separately identified. The work can be performed on a fixed-fee basis or a time and materials with the total billing not to exceed the amount shown in the Attachment. - 3 - 215 Approved by: Michael D Hubbard Cory R. Borgeson the Financial Engineering Company City of Seward Approved by the Seward City Council on - 4 - 216 CITY OF SEWARD-ELECTRIC DEPARTMENT RATE STUDY Budget TASK HOURS Labor Expenses Total 1 Data Request/Initial Analysis 32 $ 6,400 $ 6,400 2 Initial Meeting/Data Refinement 8 1,600 1,600 3 Model Modification/Update 40 8,000 8,000 4 Rate Design 54 10,800 10,800 5 Other Rate Review 8 1,600 1,600 6 Report 24 4,800 4,800 7 Presentations 4 800 800 TOTAL 170 $ 34,000 $ 34,000 8 Second Presentation Preparation 16 $ 3,200 $ 3,200 Presentation 2 400 400 Subtotal 18 $ 3,600 $ - $ 3,600 TOTAL 188 $ 37,600 $ - $ 37,600 - 5 - 217 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE 2021 GRANT YEAR BUDGET FOR THE SEWARD COMMUNITY HEALTH CENTER (SCHC) AS REQUIRED BY THE CO-APPLICANT AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SCHC WHEREAS, on December 13, 2010, the Seward City Council enacted Ordinance 2010- 00E establishing the powers and duties of the Governing Board of Directors ("Governing Board") charged with oversight of the Seward Community Health Center (SCHC), as amended by Ordinance 2013- 013 on December 16, 2013; and WHEREAS, the City of Seward (City) and the SCHC are co-applicants as a federally qualified health center in accordance with Section 330 of the Public Health Service Act (42 U.S.C. §254b); and WHEREAS, the City and the SCHC entered into a Co-Applicant Agreement dated February 20, 2014, and the City Council authorized submission of the previous Service Area Competition Grant application via Resolution 2015-080 approved on September 2, 2015, wherein the parties agreed that the SCHC budget would be submitted to the City Council after approval by the Governing Board and providing that "the City Council may not unilaterally revise a budget approved by the Governing Board or approve an alternate budget for the Health Center without review and final approval by the Governing Board, with subsequent follow-up by the City Council"; and WHEREAS, the Governing Board of the SCHC approved the 2021 Seward Community Health Center budget at a board meeting held on July 23, 2020; and WHEREAS, the SCHC 2021 budget is due to the U.S. Health Resources and Services Administration by September 25, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the 2021 budget for the Seward Community Health Center as attached herein. Section 2. Both the City of Seward and the Seward Community Health Center agree to abide by the co-applicant agreement and all applicable laws, regulations, and governing policies. Section 3. This resolution shall take effect immediately upon adoption. 218 Agenda Statement Meeting Date: August 24, 2020 • To: City Council Through: Scott Meszaros, City Manager Agenda Item: City Council Co-Applicant Approval of Section 330 Seward Community Health Center 2021 Budget BACKGROUND & JUSTIFICATION: The Seward City Council authorized the creation of the Seward Community Health Center(SCHC) and governing Board when it enacted Ordinance 20I0-008 in December 2010, formalizing the powers and duties of the board of directors charged with overseeing the Seward Community Health Center. The City of Seward and SCHC are co-applicants for Section 330 federal funding to operate a federally qualified health center in Seward; together, the entities comprise the Health Center. The parties entered into a Co-Applicant Agreement(Agreement)on February 20,2014 approved by City Council Resolution 2014-018, and subsequently amended it in Resolution 2018-067, approved on August 13,2018.This Agreement requires that the SCHC budget be approved first by the governing Board and then by the City Council, and includes the following language: 3. 2. 4 "The Governing Board shall approve the annual operating and capital budget in accordance with Section 330 requirements and City policies. The overall plan and budget shall be prepared tinder the Governing Board's direction by the Health Center's management team and the Finance Connnittee of the Governing Board." 3.2.5 "The Governing Board shall sttbrnit an annual budget/or the health center to the City Council for approval, as a co-applicant requirement of Section 330. The Board shall submit the budget no later than October I of each year,for the follosving year. If the Board unreasonably fails to approve an annual budget, the City may still submit the annual funding request tinder Section 330 of the Federal Public Health Service Act. No budget shall become effective without City Council approval." 4.2.4 "The City Council shall be responsible for adopting the Health Center's annual operating and capital budgets as fatally approved by the Governing Board, the City Council stay trot unilaterally revise a budget approved by the Governing Board or approve an alternate budget/or the Health Center without review and final approval by the Governing Board, with subsequent follow-tip by the Council in accordance with Seward City Code 2.40.OJ0(a)." In accordance with Section 5 of the Agreement,the parties also agree to participate in a Coordinating Committee comprised of one member each of the Governing Board, the City Council, the Health Center executive director, and the City Manager or his designee. This group met to review the proposed 2021 Seward Community Health Center budget and has recommended its approval. Further, Health Resources and Services Administration (HRSA)issued Policy Information Notice 2013-01 on March 18,2014,requiring that health centers prepare and submit grant applications that contain a total budget for the health center scope of services for 12 months, and the budget must include a separate budget breakdown for the Section 330 funding proposed for the application 219 period, showing costs supported by the grant and costs supported by other sources of non-HRSA funding (i.e. patient revenue, City grant funding, other funding). INTENT: Fulfill the City's obligation as co-applicant Section 330 grantee, to approve the 2021 Seward Community Health Center grant budget. CONSISTENCY CHECKLIST: Yes No NIA 1' Comprehensive Plan: (document source here): "Effective, accessible, affordable healthcare", p. 12. X 2 Strategic Plan: (document source here): "Maintain and enhance medical X services", p. 18 3 Other: Other(list): Co-Applicant Agreement dated 220114, • HRSA PIN X 2013-01, pp 5-6. FISCAL NOTE: The SCHC anticipates HRSA federal funding for the 2021 budget year totaling $1,456,336. Grant amounts are subject to change by HRSA,depending on patient visits.The clinic is estimating patient revenues of$1,708,282. The City's 2020 budget includes the final $100,000 contribution to the CHC.The original goal of the City's contribution was to gradually reduce the amount over five years with the hope that patient revenues were high enough to eliminate the need of operating subsidy from the City. The 2021 City budget does not include any contribution to the CHC. Approved by Finance Department: ATTORNEY REVIEW: Yes No X Not Applicable RECOMMENDATION: City Council approve Section 330 Co-Applicant SCHC 2021 Budget. Resolution 2020-070 220 Seward Community Health Center, Inc. Year 1 2021 Budget For Approval HRSA Other TOTAL Excludes One-Time Funds (Qual/IBHS) Federal Non-Federal Volume: #of Patients 2,264 Patient Encounters 5,204 Revenue: Federal BPHC 330 Grant 1,456,336 1,456,336 Applicant - State / Local - - - Other Federal Funding - - Other - 239,940 239,940 Program Income (Net Patient Revenue) - 1,708,282 1,708,282 TOTAL REVENUE 1,456,336 1,948,222 3,404,558 Expense: Personnel - Refer to Form 2 Staffing Profile Administration/Management 267,236 121,153 388,389 Facility & Non-Clinical Support Staff 151,927 66,642 218,570 Physician 164,252 140,933 305,186 NP, PA, and CNMs 229,559 106,499 336,058 Medical 250,167 109,800 359,966 Dental - - - Behavioral Health (Mental Health & Substance 51,398 22,607 74,005 Professional Services - - - Vision Services - - - Pharmacy - - - Enabling Services 103,879 45,079 148,958 Other Programs and Services - - - Total Salary Expense 1,218,419 612,713 1,831,131 Fringe Benefits: Health Insurance (Includes Med/Den/Vis/LTD/STD/Life) - 440,532 440,532 Wellness Program 3,600 3,600 Housing Allowance 5,800 5,800 Medicare/SS 133,580 133,580 AK SUI 17,811 17,811 Retirement - 50,992 50,992 Workers' Compensation - 17,997 17,997 Total Fringe Benefits - 670,312 670,312 Subtotal Personnel and Fringe 1,218,419 1,283,025 2,501,443 Travel: Providers and Staff - 6,500 6,500 Board - 11,500 11,500 Other- Offsite Staff/Contracted Physicians - 7,000 7,000 Subtotal Travel - 25,000 25,000 Page 1 of 2 221 Printed On: 7/17/2020 Seward Community Health Center, Inc. Year 1 2021 Budget For Approval HRSA Other TOTAL Excludes One-Time Funds (Qual/IBHS) Federal Non-Federal Supplies: Pharmacy/ Medications - 36,000 36,000 Medical Supplies 37,000 37,000 Office - 15,060 15,060 Minor Equipment (<$5,000) - 1,000 1,000 Subtotal supplies - 89,060 89,060 Contractual: Patient Care: Patient Related/Contractual 237,917 3,600 241,517 Non-Patient Care: Accounting - 43,520 43,520 Audit 22,000 22,000 Billing & Coding 3,000 3,000 Legal - 5,000 5,000 Services - Electronic (HIT) 60,165 60,165 Janitorial - 10,600 10,600 Other - - - Subtotal Contractual 237,917 147,885 385,801 Other: Bank Fees 6,975 6,975 Communications 27,300 27,300 Dues & Subscriptions 36,719 36,719 Equipment Maintenance/ Lease 7,120 7,120 Insurance - Malpractice, Propety, D&O 24,000 24,000 O&E Promotion Supplies / Postage/ Events 5,000 5,000 O&E Advertising 3,000 3,000 Postage/ Freight 3,000 3,000 Recruiting & Retention 61,880 61,880 In-Kind Expenses (Rent+ USAC Telecom) 81,420 81,420 Rent/ Leases (Other) - - Repairs & Maintenance 42,600 42,600 Training 2,660 2,660 Utilities 39,600 39,600 Subtotal Other - 341,274 341,274 TOTAL DIRECT COSTS 1,456,335 1,886,244 3,342,579 Retained Earnings - 61,979 61,979 TOTAL EXPENSE 1,456,335 1,948,222 3,404,558 Page 2 of 2 222 Printed On: 7/17/2020 Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2018-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,APPROVING THE 2019 FEDERAL GRANT YEAR BUDGET FOR THE SEWARD COMMUNITY HEALTH CENTER AS REQUIRED BY THE CO-APPLICANT AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SEWARD COMMUNITY HEALTH CENTER WHEREAS,the Seward City Council enacted Ordinance 2010-008 on December 13,2010, establishing the powers and duties of the Governing Board of Directors ("Governing Board") charged with oversight of the Seward Community Health Center, as amended by Ordinance 2013- 013 on December 16, 2013, which agreement expires January 31, 2019; and WHEREAS, the City of Seward ("City") and the Seward Community Health Center ("SCHC")are co-applicants as a federally qualified health center in accordance with Section 330 of the Public Health Service Act (42 U.S.C. §254b); and WHEREAS,the City and the SCHC entered into a Co-Applicant Agreement dated February 20, 2014, and the City Council authorized submission of the previous Service Area Competition Grant application via Resolution 2015-080 approved on September 2, 2015, wherein the parties agreed that the SCHC budget would be submitted to the City Council after approval by the Governing Board and providing that"the City Council may not unilaterally revise a budget approved by the Governing Board or approve an alternate budget for the Health Center without review and final approval by the Governing Board, with subsequent follow-up by the City Council"; and WHEREAS, the Governing Board of the SCHC approved the 2019 Seward Community Health Center Section 330 (Year 5) grant budget at a board meeting held on July 26, 2018, and the Coordinating Committee ("Committee") of the CHC met to review the grant budget, and both the Governing Board and the Committee recommend approval by the Seward City Council.' NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIIOF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the 2019 budget of the Seward Community Health Center("SCHC"),representing the Year 5 grant budget for Section 330 funding through the Health Resources and Services Administration. Section 2. The Seward City Council approved a contribution in the amount of$200,000 for the 2019 grant year when it approved the City's 2018/2019 Biennial Budget. Section 3. This resolution shall take effect immediately upon its adoption. 223 CITY OF SEWARD, ALASKA RESOLUTION 2018-067 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 131" day of August, 2018. THE CITY OF SEWARD, ALASKA David Squires, May AYES: Seese, Towsley, Casagranda, Keil, Horn, McClure, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC f, „ 9 c , y c /e r x City Clerk (City Seal) imU��or .•`,� . t S e ti•• J 00 224 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE ALASKA RAILROAD CORPORATION (ARRC) AND THE CITY OF SEWARD, AUTHORIZING THE CITY TO REIMBURSE ARRC FOR UP TO $396,275 IN COSTS ARISING FROM THE MITIGATION OF COVID-19 AT THE CRUISE SHIP TERMINAL AND DOCK, USING GRANT FUNDS AWARDED TO THE CITY THROUGH A DESIGNATED LEGISLATIVE GRANT FOR COVID-19 MITIGATION AND REIMBURSEMENT WHEREAS, on April 29, 2020, the Department of Commerce, Community, and Economic Development ("Department") notified the City of Seward ("City) that legislature appropriated $440,306 to the City for the purpose of mitigating the risk of COVID-19; and WHEREAS, in order to receive the funds, the City had to provide the Department a document detailing the scope of work for the project; and WHEREAS, on May 6, 2020, the City provided the Department a scope of work for the project committing to use the funds for specified mitigation and protection measures on the Cruise Ship Terminal and Dock to protect the community and cruise ship passengers from transmission of COVID-19 ("Grant Scope of Work"); and WHEREAS, the Alaska Railroad Corporation, who is the owner of the Cruise Ship Terminal and Dock, has agreed to work with the City on the installation and implementation of the protective and safety measures identified in the Grant Scope of Work; and WHEREAS, the City has agreed to reimburse the Alaska Railroad Corporation for up to $396,275 of its costs incurred for completing qualified protective and safety measures identified in the Grant scope of Work; and WHEREAS, the completion of the protective and safety measures identified in the Grant Scope of Work are in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the Memorandum of Agreement, attached to this Resolution as Exhibit A, and authorizes the City Manager or his designee to execute this Agreement on the City's behalf. Section 2. This resolution shall take effect immediately upon adoption. 225 Agenda Statement Meeting Date: August 24, 2020 To: City Council From: City Manager, Scott Meszaros S - Agenda Item: Resolution of the City Council of the City of Seward, Alaska Approving the Memorandum of Agreement (MOA) with the Alaska Railroad Corporation for Mitigating COVID-19 at the Cruise Ship Terminal through the Alaska Department of Commerce, Community, and Economic Development, Designated Legislative Grant Program BACKGROUND & JUSTIFICATION: In order to stop the spread of the coronavirus (COVID-19), Governor Dunleavy issued many state health mandates that imposed several social and business restrictions throughout Alaska. In late April, the City received notification from the Department of Commerce, Community and Economic Development that it was being appropriated $440,306.00 to mitigate COVID-19 at the Cruise Ship Terminal. Working with the Alaska Railroad and the cruise ship agency, the City responded with a scope of work to mitigate COVID-19 at the cruise ship terminal. On July 7'h, the City received the Designated Legislative Grant agreement 20-CPV-06, for mitigating COVID-19 at the cruise ship terminal. On July 27'h, the Seward City Council approved Resolution 2020-059 accepting the $440,306.00 in grant funds from the state. A 10% administration cost to the City is allowed for managing the grant, leaving $396,275 of grant funds for the mitigation of COVID-19 at the railroad terminal The City, in collaboration with the Alaska Railroad, have established a MOA to comply with the conditions of the grant agreement on the use of these funds. INTENT: To approve the Memorandum of Agreement (MOA) with the Alaska Railroad authorizing the City of Seward to reimburse the Alaska Railroad for up to $396,275 in cost arising from the mitigation of COVID-19 at the Railroad Terminal and to comply with the Designated Legislative Grant Agreement 20-CPV-06. 226 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (Page I-9 2.2.7) Community Partnership - 1 continue supporting community organizations and their private grants X that enhance our community. Strategic Plan (Page 4 Transportation Facilities) We are a community 2 with diverse transportation facilities including road rail air pedestrian X and water routes that meet the needs of residents, businesses and visitors 3. Other(list): Emergency Declaration Extension COVID 19 X ATTORNEY REVIEW: X Yes No FISCAL NOTE: The Alaska Railroad Corporation will submit invoices to the City throughout the project and will be reimbursed up to $396,275 out of fund 11 103 where grant funds were appropriated via RES 2020-059. Approved by Finance Department: RECOIVMENDATION: For Council to approve Resolution 2020-071,.approving the MOA with the Alaska Railroad authorizing The City of Seward to reimburse the ARRC in costs arising from mitigating COVID-19 at the railroad terminal and to comply with the Designated Legislative Grant Agreement. 227 MEMORANDUM OF AGREEMENT BETWEEN ALASKA RAILROAD CORPORATION AND THE CITY OF SEWARD REGARDING COVID-19 PROTECTIVE MEASURES AT THE SEWARD CRUISE SHIP TERMINAL This Memorandum of Agreement(hereinafter referred to as "MOA")is made and entered into by and between the ALASKA RAILROAD CORPORATION (hereinafter referred to as the "ARRC"), acting by and through the Office of its President and the CITY OF SEWARD (hereinafter referred to as the "City"), acting by and through the Office of the City Manager. ARTICLE I-BACKGROUND ARRC owns two docks located in the Seward harbor: the Cruise Ship Terminal and a freight dock. In support of ensuring the safety of workers and passengers using the Cruise Ship Terminal, the City pursued State of Alaska capital funding available as a result of the collection of the Commercial Vessel Passenger Tax ("Cruise Ship Tax"). The State of Alaska authorized $440,306.00 through the Designated Legislative Grant Program ("DLGP") for the purpose of mitigating the risk of COVID-19. In order to receive grant funds, the City was required to enter into a grant agreement and provide the Department of Commerce, Community, and Economic Development ("DCCED") a scope of work for the project, including a detailed budget narrative and a completed Signatory Authority Form. ARTICLE II- OBJECTIVE ARRC and the City share a mutual interest in supporting the economic benefits arising from cruise ship industry operations within Seward. The ability for the cruise ship industry to resume operations at the ARRC Cruise Ship Terminal in a reasonably safe manner requires the implementation of additional safety and sanitation measures to mitigate the risk of the coronavirus disease (COVID-19). The City agrees that it will utilize a portion of the grant funds it received through the DLGP` for a Personal Protective Equipment Project ("Project") with the ARRC, and the ARRC, as the owner of the Cruise Ship Terminal, agrees to cooperate with the City in the completion and execution of the Project. It is mutually understood and agreed that the costs incurred by either the ARRC or the City reasonably necessary for performance under the terms and conditions of this MOA shall be paid from the State of Alaska Cruise Ship Tax funds that the 2009 Alaska Legislature appropriated to City for the Project subject to the appropriation being signed into law by the Governor. ARTICLE III- STATEMENT OF WORK A. General: 1. City will be the grantee for $440,306.00 of State of Alaska funding. 2. ARRC agrees to provide products and/or services that are relative to the Project objective to support cruise ships arriving or departing from the Cruise Ship Terminal. The Project will include some but not all items ARRC- City of Seward COVID-19 PPE MOA Page 1 of 7 00963058.DOCX 228 identified in the list proposed to DCCED in the City's May 6, 2020 letter, incorporated into this MOA as Exhibit A. 3. The City will reimburse the ARRC for up to $396,275.00, including ARRC overhead, for the purchase of goods and services necessary to install, attain, implement or otherwise fulfill the Project objective, which will include some but not all items on the list of mitigation measures included in Exhibit A. The City shall only be obligated to reimburse ARRC for costs once the City has been reimbursed for such costs from the State of Alaska under the Grant Agreement between the City and the State of Alaska. 4. City and ARRC agree that the City will not reimburse the ARRC for any amount exceeding $396,275.00 for completion of the Project. 5. City and ARRC agree that the ARRC is not obligated to undertake any work or purchase item(s) that would cause ARRC to exceed ARRC's maximum reimbursement of$396,275.00. B. The City agrees to: 1. Accept responsibility for administering State grant funds, including engaging independent auditors to review financial records of the Project, the cost of which shall be paid from the grant funds. The ARRC and the City acknowledge that the cost of administering the funds is estimated to be approximately $44,031.00. 2. Reimburse the ARRC on a monthly basis based upon the submission of a monthly report of expenses to include invoices by the ARRC to the City itemizing Project expenditures and the receipt of grant funds by the City from the Grant Administrator. 3. Provide space for public meetings, as space requirements permit. The City shall not be required to provide meeting space if in-person meetings have been discouraged or discontinued as a result of COVID-19 unless both parties agree that in-person meetings are essential for completion of the Project. 4. Provide technical and facilitative assistance, as appropriate and financially available under the Project. C. The ARRC agrees to: 1. Contract for equipment or services as required. 2. Provide adequate documentation to City for reimbursement of Project costs, to include Progress or Financial Reports as scheduled. 3. Submit billings to the City on a monthly basis for all Project work accomplished by ARRC. 4. Comply with all requirements and limitations included in the Designated Legislative Grant Program Agreement, attached to this MOA as Exhibit B and incorporated into this MOA, to the extent applicable. D. The City and ARRC mutually agree: 1. This MOA shall remain in force until completion of the Project and final contract payments are made. 2. This MOA may be extended or modified by mutual written agreement of the signatory parties to accommodate Project needs but both parties must still comply with the grant timeline. 3. To oversee Public and Governmental Affairs at all levels. ARRC- City of Seward COVID-19 PPE MOA Page 2 of 7 00963058.DOCX 229 4. To participate in overhead agreements that allow for the City and the ARRC administrative costs to be charged for Project activities. 5. Nothing in this MOA shall obligate any party for the expenditure or appropriation of funds, or for future payments of money, in excess of appropriations authorized by law. 6. Each party will be responsible for its own acts and the results thereof and each party shall not be responsible for the acts of the other party in violation of this MOA. 7. If legal action is undertaken against the Project, City and/or the ARRC as a result of activities under this MOA, the Project will bear the costs of legal defense and settlements if appropriations remain. Otherwise, each party agrees it will assume the risk and liability resulting in any manner under this MOA. 8. Each party will comply with all applicable laws, regulations, grant requirements, and executive orders, including those relative to Equal Employment Opportunity and prohibition against discrimination. 9. All non-proprietary information developed, published or acquired will be available to the City and the ARRC for their use with this Project or other projects. Proprietary information will be defined by Alaska law. Credit will be given to agencies or parties that develop Project materials. 10. Any provision in conflict with any applicable law or regulation shall be automatically preempted by that law or regulation, and any provision found unconstitutional, unenforceable, void or voidable by any court shall not affect the remaining provisions of this MOA. The remaining provisions shall remain in full force and effect. 11. The Department of Commerce, Community, and Economic Development and the State of Alaska are not liable for damages or claims from damages arising from the ARRC's performance or activities under the terms of this MOA or otherwise. ARTICLE IV-TERM OF AGREEMENT This MOA will commence upon the date of the final signature of this document and approval by the Grant Administrator for the State of Alaska, if required by the State of Alaska. This MOA shall remain in effect until expiration of the grant, or until terminated as provided in Article VII. ARRC costs and expenditures arising from the Project shall only qualify for reimbursement if the work performed began on or after March 26, 2020, and costs and expenditures are incurred no later than June 30, 2021, and were approved for reimbursement by the Grant Administrator. ARTICLE V-KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: For the ARRC: Signatory Bill O'Leary, President and CEO Alaska Railroad Corporation P.O. Box 107500 ARRC- City of Seward COVID-19 PPE MOA Page 3 of 7 00963058.DOCX 230 Anchorage, Alaska 99510-7500 (907)265-2403 olearyb2akrr.com James Kubitz, VP Real Estate Alaska Railroad Corporation P.O. Box 107500 Anchorage, Alaska 99510-7500 (907)265-2428 kubitzj gakrr.com For the City: Signatory Scott Meszaros, City Manager City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907)224-4047 smeszaros2cityofseward.net Norm Regis, Harbormaster City of Seward P.O. Box 167 Seward, Alaska 99664-0167 (907) 224-3138 harbormastergcityofseward.net B. Communications - The parties to this MOA will address any communication regarding this MOA to the Key Officials listed above. C. Changes in Key Officials - None of the parties may make any permanent change in a Key Official without written notice to the other parties thirty (30) days in advance of the proposed change. ARTICLE VI-PRIOR APPROVAL Any amendment, revisions, addenda, extensions, or reaffirmation of this MOA must be in writing and be approved and signed by appropriate authorities. ARTICLE VII-MODIFICATION AND TERMINATION A. Only a written instrument executed by both parties may modify this MOA. B. Any party may terminate this MOA for any reason, or for no reason, by providing the other party with sixty (60) days advance written notice. ARTICLE VIII-SPECIAL PROVISIONS A. All actions under this MOA shall comply with all applicable State of Alaska and federal laws. ARRC- City of Seward COVID-19 PPE MOA Page 4 of 7 00963058.DOCX 231 B. This MOA may be executed in separate counterparts and shall be considered executed when both parties have signed the MOA, provided the other party with a signed copy of the MOA, and both parties acknowledge that the MOA has been executed by both parties. IN WITNESS HEREOF, the parties hereto executed this MOA on the date(s) set forth below. For the ARRC For the City of Seward Name: Bill O'Leary Name: Scott Meszaros Title: President and CEO Title: City Manager Date: Date: ATTEST: Brenda J. Ballou, MMC City Clerk [City Seal] ARRC- City of Seward COVID-19 PPE MOA Page 5 of 7 00963058.DOCX 232 EXHIBIT A City of Seward Letter to Department of Commerce, Community, and Economic Development Dated May 6, 2020 ARRC— City of Seward COVID-19 PPE MOA Page 6 of 7 00963058.DOCX 233 EXHIBIT B Designated Legislative Grant Program Agreement ARRC— City of Seward COVID-19 PPE MOA Page 7 of 7 00963058.DOCX 234 CITY OF SEWARD Main Office(907)2244050 16 P.O. BOX 167 Police(907)224-3338 • Harbor(907)224-3138 SEWARD,ALASKA 99664-0167 Fire(907)224-3445 • City Clerk(907)2244046 • Community Development(907)224-4049 • Utilities(907)224-4050 May 6, 2020 Fax(907)2244038 Robin Park, Grant Administrator II SOA-DCCED Div. of Community and Regional Affairs Juneau, Alaska 998 1 1-0809 Re: FY20 Designated Legislative Grant Dear Ms. Park: The list below is what the City of Seward would utilize for responding to and mitigating the risks of COVID-19 at the Cruise Ship Terminal. Working with the Cruise Lines and support staff, this is the list that was developed: • Mobile outside screening tent to keep terminal as infection free as possible- to include separated area from main screening area for screened out guests • Social distancing measures Signage ,-'markings on the deck 0 Seating areas separated to smaller groups • Non touch restroom facilities (doorless entries, automatic paper towel dispensers, flushing toilets, etc.) UVC Downlights in rest rooms and on countertops and railing. • Designated secondary (medical) screening room(rather than a screened off area) • Increased visual cleaning and sanitation practices • Hand sanitizer stations throughout the terminal and dock- 20-30 • Antibacterial surface treatments • Signage for health precautions • Temperature screening scanners/measures- including digital portable no touch and walk through screeners • Staff for continual sanitation • Electrostatic sprayers to transportation and touch surfaces, and fogging machines for motor coaches and trains • UVC technology • Stocks of PPE- masks, gloves (staff check-in, security, longshore, etc.) • COVID 19 specialist physician on retainer • Training for shoreside port operators on COVID 19 detection and handling • COVID 19 rapid test kits Sincerely, Scott Mes gyros Seward City Manger Enclosure 235 DESIGNATED LEGISLATIVE GRANT SIGNATORY AUTHORITY FORM Department of Commerce,Community,and Economic Development,Division of Community and Regional Affairs Please clearly print,submit ORIGINAL form,and submit an updated form annually or whenever changes are made to the information below. Grantee Name: Date: CITY OF SEWARD APR II_30, 2020 Regular Election Held(if applicable): Telephone Number: 907-224-4063 Grantee Contact Name: Fax Number: NANETH AMBROSIANi 907-224-4038 Address: E-mail Address: 410 ADAMS STREET NAM BROSIANI@CITYOFSEWARD,NET City,State,Zip Code: Federal Tax ID 9: SEWARD, AK 99664-0167 92-6000086 Indicate reporting frequency: Monthly Reporting 0 Quarterly Reporting Use this section to designate individuals other than the Chief Administrator to sign the following documents: Grant Agreements and Amendments: Financial/Progress Reports and Advance Requests: Printed Name: Printed Name: SCOTT MESZAROS SAM HICKOK Title: Title: CITY MANAGER ACTING FINANCE DIRECTOR Signat Signature: Pri ed Name: Printed Name: NORM REGI NANETH AMBROSIANI Title: M Title: SEWARD HARBORMASTER GRANT ACCOUNTANT Signature: Signature: This signatory authority is conveyed by SCOTT MESZAROS ,the Chief Name Administrator of CITY OF SEWARD ,this 970 day of �-p T2-1 V ,20 (Grantee Name ure SCOTT MESZAROS,Cl MANAGER —F`rinted� amejT t e Revised 07/2018 236 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THREE GRANTS IN THE TOTAL AMOUNT OF $724,018 FROM THE CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT UNDER THE U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA), FOR THE MITIGATION OF COVID-19 EFFECTS AT THE SEWARD COMMUNITY HEALTH CENTER (SCHC), AND APPROPRIATING FUNDS WHEREAS, the SCHC was notified that HRSA had appropriated a total of$724,018 to the SCHC in a FY 2020 Coronavirus Supplemental Funding for Health Centers Program in three separate grants; and WHEREAS, the first grant was appropriated in the amount of $52,039 on March 19, 2020; and WHEREAS, the second grant was appropriated in the amount of $540,350 on April 3, 2020; and WHEREAS, the third grant was appropriated in the amount of $131,629 on May 4, 2020; and WHEREAS, the COVID-19 Grant documentation states that the purpose of these funds "are one-time (not ongoing) resources to help you prevent, prepare for, and respond to COVID- 19"; and WHEREAS, these funds will mitigate the COVID-19 effects at the SCHC. The SCHC incurred many expenses due to the Coronavirus pandemic. Expenses included, but are not limited to: medical equipment, personal protective equipment, personnel costs, COVID testing, temporary housing for out-of-state contractors, communication costs, and travel costs; and WHEREAS, acceptance of these grant amounts will allow the SCHC to continue offering medical services to the Seward community and to maintain their preparedness in relation to the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby accepts the grant funds in the amount of $724,018 from the Coronavirus Preparedness and Response Supplemental Appropriations Act under the U.S. Department of Health Resources and Services Administration. 237 CITY OF SEWARD,ALASKA RESOLUTION 2020-072 Section 2. Funding in the amount of$724,018 is hereby appropriated from HRSA federal grant account no. 30041-0000-4251-0080 to SCHC pass-thru payments account no. 30041-0000- 7809-0080. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24rh day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 238 Agenda Statement Meeting Date: August 24, 2020 To: Seward City Council From: Scott Meszaros, City Manager Agenda Item: A Resolution of the City Council of the City of Seward, Alaska to Accept Three Grants in the Total Amount of $724,018.00 from the Coronavirus Preparedness and Response Supplemental Appropriations Act Under the U.S. Health Resources and Services Administration(HRSA),for the Mitigation of COVID-19 Effects at the Seward Community Health Center (SCHC), and Appropriating Funds. BACKGROUND & JUSTIFICATION: The Seward Community Health Center (SCHC) incurred many expenses due to the Coronavirus pandemic. Expenses include, but are not limited to: medical equipment, personal protective equipment, personnel costs, COVID testing, temporary housing for out-of-state contractors, communication costs, and travel costs. These expenses are included in this resolution under the Seward Community Health Center Budget Narrative and Personnel Justification Table. The SCHC was notified that HRSA had appropriated a total of $724,018.00 to the SCHC in a FY2020 Coronavirus Supplemental Funding for Health Centers Program in three separate grants: • First grant: appropriated in the amount of$52,039.00 on March 19, 2020 • Second grant: appropriated in the amount of$540,350.00 on April 03, 2020 • Third grant: appropriated in the amount of$131,629.00 on May 04, 2020 The COVID-19 Grant documentation states that the purpose of these funds "are one-time (not ongoing) resources to help you prevent, prepare for, and respond to COVID-19" at the SCHC. Acceptance of these grant amounts will allow the SCHC to continue offering medical services to the Seward community and to maintain their preparedness in relation to the COVID-19 pandemic. INTENT: To accept three grant appropriations in the total amount of$724,0I8.00 from the Coronavirus Preparedness and Response Supplemental Appropriations Act under the U.S. Department of Health Resources and Services Administration. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: X 2. Strategic Plan: X 239 ------- _ ---- 3 Other(list): SCHC budget narrative and incurred expenses included X with HRSA grant documentation FISCAL NOTE: As the grantee for the SCHC, the City will receive the grant funds from HRSA and pass the payments on to the Clinic for the mitigation of COVID-19 effects. Approved by Finance Department: ATTORNEY REVIEW: Yes................. ....... No_X RECOMMENDATION: Approval of Resolution 2020-072 allowing the SCHC to accept the three grant appropriations from HRSA in the total amount of$724,018.00. 240 1.DATE ISSUED: 2.PROGRAM CFDA:93.224 3.SUPERSEDES AWARD NOTICE dated: except that any additions or restrictions previously imposed remain in effect unless specifically rescinded. 4a.AWARD NO.: 4b.GRANT NO.: 5.FORMER GRANT HoAhRommeoand9crvIMA4rmP15 ramvn 1 H8CCS33972-01-00 H8CCS33972 NO.: NOTICE OF AWARD 6.PROJECT PERIOD: AUTHORIZATION(Legislation/Regulation) FROM:03/15/2020 THROUGH:03/14/2021 Coronavirus Preparedness and Response Supplemental 7.BUDGET PERIOD: Appropriations Act,2020[P.L. 116-123] FROM:03/15/2020 THROUGH:03/14/2021 8.TITLE OF PROJECT(OR PROGRAM): FY 2020 Coronavirus Supplemental Funding for Health Centers 9.GRANTEE NAME AND ADDRESS: 10.DIRECTOR:(PROGRAM DIRECTOR/PRINCIPAL SEWARD,CITY OF INVESTIGATOR) PO BOX 167 Craig Ambrosiani Seward,AK 99664-0167 SEWARD,CITY OF DUNS NUMBER: PO BOX 2895 037996634 Seward,AK 99664-2895 BHCMIS#1OE00170 11.APPROVED BUDGET:(Excludes Direct Assistance) 12.AWARD COMPUTATION FOR FINANCIAL ASSISTANCE: [X]Grant Funds Only a.Authorized Financial Assistance This Period $62,039.00 [ ] Total project costs including grant funds and all other financial participation b.Less Unobligated Balance from Prior Budget Periods a. Salaries and Wages: $0.00 i.Additional Authority $0.00 b. Fringe Benefits: $0.00 ii.Offset $0.00 c. Total Personnel Costs: $0.00 c.Unawarded Balance of Current Year's Funds $0.00 d. Consultant Costs. $0.00 d.Less Cumulative Prior Awards(s)This Budget $0.00 e. Equipment: $0.00 Period f. Supplies: $0.00 e.AMOUNT OF FINANCIAL ASSISTANCE THIS $62,039.00 g. Travel: $0.00 ACTION h. Construction/Alteration and Renovation : $0.00 13.RECOMMENDED FUTURE SUPPORT:(Subject to the availabiliitv of funds and satisfactory progress ofproject) i. Other: $52,039.00 YEAR TOTAL COSTS j. Consortium/Contractual Costs: $0.00 Not applicable k. Trainee Related Expenses: $0.00 14.APPROVED DIRECT ASSISTANCE BUDGET:(In lieu of cash) I. Trainee Stipends: $0.00 a.Amount of Direct Assistance $0.00 m Trainee Tuition and Fees: $0.00 b. Less Unawarded Balance of Current Year's Funds $0.00 n. Trainee Travel: $0.00 c. Less Cumulative Prior Awards(s)This Budget Period $0.00 o. TOTAL DIRECT COSTS: $52,039.00 d.AMOUNT OF DIRECT ASSISTANCE THIS ACTION $0.00 p. INDIRECT COSTS(Rate:%of S&W/TADC): $0.00 q. TOTAL APPROVED BUDGET: $52,039.00 i.Less Non-Federal Share: $0.00 ii.Federal Share: $52,039.00 16.PROGRAM INCOME SUBJECT TO 45 CFR 76.307 SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: A=Addition B=Deduction C=Cost Sharing or Matching D=Other [A] Estimated Program Income:$0.00 16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY HRSA,IS ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: a.The grant program legislation cited above.b.The grant program regulation cited above.c.This award notice including terms and conditions,if any,noted below under REMARKS.d.45 CFR Part 75 as applicable.In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS:(Other Terms and Conditions Attached[X]Yes []No) Electronically signed by Elvera Messina,Grants Management Officer on:03/19/2020 17.OBJ.CLASS:41.51 18.CRS-EIN: 1926000086A1 1119.FUTURE RECOMMENDED FUNDING:$0.00 FY-CAN CFDA DOCUMENT NO. AMT.FIN.ASST. AMT.DIR.ASST. SUB PROGRAM SUB ACCOUNT CODE CODE 20- 20-398C160 93.224 20H8CCS33972CV $52,039.00 $0.00 CH COVID19BPHC- CV 241 Page 1 A printer version document only. The document may contain some accessibility challenges for the screen reader users.To access same information,a fully 508 compliant accessible HTML version is available on the HRSA Electronic Handbooks.If you need more information,please contact HRSA contact center at 8774644772,8 am to 8 pm ET,weekdays. Seward Community Health Center COVID Activity Overview H8C Prevent:Our first actions to the COVID19 risk was to collaborate with our local healthcare providers, local government, and business community. We immediately started to communicate to our community through this group, by informing them of the latest developments of the virus and countermeasures such as social distancing and stay at home recommendations. We reached out to local canneries, marine repair, and construction companies to discuss prevention strategies and provide our clinic as a resource for updated information about prevention of the spread. This was well received and continued as a communication link to the City EOC. The two larger employers also made press releases detailing their prevention efforts to assure the community that they were doing their part to protect our community. Prepare:After Alaska confirmed their first case, we opened ourjoint medical Emergency Operations Center(EOC)with the clinic and local hospital, and our local government EOC. We re-deployed our Clinic Manager to act as an onsite COVID Director assigned to participate in the daily briefings from the two EOC's and the State epidemiology department. Her main new duties were to learn about the latest interventions, communicate to our staff, administration and the EOC's and determine new training requirements for our staff.The medical EOC has been keeping track of our testing supplies and our PPE supplies. The City EOC group decided that all communication with our community would go through the City's Project Information Officer, so the community was not overloaded with local information. The community was advised and later mandated by the State to stay at home. Minutes from the three- weekly city EOC meetings,with over 20 participants, are posted on the City website to keep the community up to date on initiatives and changes. Respond:To respond to the needs of our patients for clinical services, we acquired tablets and laptop computers for telemed services from our clinic and from provider's homes, with support staff connected to provide screening. We required that one third of our clinical and front desk staff work from home on a rotating weekly basis, so that we would not risk infecting all of our providers with one infectious clinic patient. We locked the front doors of the clinic and meet each patient outside the front doors to assess them and provide them with a mask, before allowing them to enter the building. We quarantined staff that had travelled out of state before our boarders were restricted. We have moved our pediatric clinic temporarily to an off-site location,with staff that are not actively working in the clinic, so patients are assured a healthy environment. We are providing daily curbside testing where the patient does not leave their vehicle and assist the local hospital with weekly drive through testing. We have also designated half of our clinic rooms for respiratory patients, to provide isolated services. We are also working closely and financially assisting with the production of cloth face masks to be distributed to our community at local public businesses. Page 1 of 1 242 FY 2020 Coronavirus Supplemental Funding for Health Centers(COVID-19) Seward Community Health Center Budget Narrative and Personnel Justification Table COVID-19 funds are one-time(not ongoing)resources to help you prevent,prepare for,and respond to COVID-19 in your community.To respond to your COVID-19 Response Reporting Requirement,submit a budget narrative and a personnel justification table via HRSA Electronic Handbooks(EHBs).Referto the COVID- 19 technical assistance webpage for Example of Allowable Uses of Funding and the COVID-19 Reporting Requirement Guidance. Budget Narrative Upload a budget narrative that clearly explains and justifies the federal expenditures that have been(dating back to January 20,2020)or will be used to address COVID-19,as demonstrated in the example below. Object Class Category with Example Line Items Federal Requested COVID-19 funding to support line item PERSONNEL Implementation of COVID/Onsite Medical Director position to provide leadership in the preparation,prevention,and $ 20,000.00 treatment of COVID-19.0.16FTEs TOTAL PERSONNEL $ 20,000.00 FRINGE BENEFITS Medicare/SS @ 7.15% $ 1,430.00 Health Insurance @ X% Dental @ X% Unemployment Insurance @ 1% $ 200.00 Clothing allowance to purchase additional scrubs and safety gear(for work use only)or to use for laundry services to help $ 2,400.00 prevent cross contamination at home TOTAL FRINGE BENEFITS $ 4,030.00 Object Class Category with Example Line Items Federal Requested COVID-19 funding to support line item TRAVEL Detail travel costs consistent with your organization's established travel policy and in compliance with 45 CFR§75.474 TOTALTRAVEL $ EQUIPMENT None TOTAL EQUIPMENT $ - SUPPLIES COVID-19 Related Supplies including PPE&community monitoring devices (thermometers,blood pressure cuffs,masks) $ 5,400.00 Minor Equipment for establishment of telemedicine program including monitors,laptops,camera,headsets,tablets. $ 16,609.00 TOTAL SUPPLIES $ 22,009.00 CONTRACTUAL TOTAL CONTRACTUAL $ - OTHER Dues&Subscriptions related to implementation of tele-medicine(Zoom,Doxy.net) $ 6,000.00 TOTAL OTHER $ 6,000.00 INDIRECT COSTS Include only if your organization has a negotiated indirect cost rate or has previously claimed a de minimus rate of 10%of modified total direct costs 243 Object Class Category with Example Line Items Federal Requested COVID-19 funding to support line item X.XX%approved indirect rate NIA TOTAL INDIRECT COSTS TOTAL BUDGET Is 52,039.00 S (0.00) 244 1.DATE ISSUED: 2.PROGRAM CFDA:93.224 04/03/2020 us.DeparwemeHram and RNM sw*n 3.SUPERSEDES AWARD NOTICE dated: except that any additions or restrictions previously imposed remain in effect unless specifically rescinded. 4a.AWARD NO.: 4b.GRANT NO.: 5.FORMER GRANT noolthr9oscurwaands.nla�aAdwnanyk.6lvn 1 H8DCS35389-01-00 H8DCS35389 NO.: NOTICE OF AWARD 6.PROJECT PERIOD: FROM:04/01/2020 THROUGH:03/31/2021 AUTHORIZATION(Legislation/Regulation) Coronavirus Aid, Relief and Economic Security(CARES)Act 7.BUDGET PERIOD: FROM:04/01/2020 THROUGH:03/31/2021 8.TITLE OF PROJECT(OR PROGRAM): Health Center Coronavirus Aid,Relief,and Economic Security(CARES)Act Funding 9.GRANTEE NAME AND ADDRESS: 10.DIRECTOR:(PROGRAM DIRECTOR/PRINCIPAL SEWARD,CITY OF INVESTIGATOR) PO BOX 167 Craig Ambrosiani Seward,AK 99664-0167 SEWARD,CITY OF DUNS NUMBER: PO BOX 2895 037996634 Seward,AK 99664-2895 BHCMIS#1OE00170 11.APPROVED BUDGET:(Excludes Direct Assistance) 12.AWARD COMPUTATION FOR FINANCIAL ASSISTANCE: [X]Grant Funds Only a.Authorized Financial Assistance This Period $640,360.00 [ ] Total project costs including grant funds and all other financial participation b.Less Unobligated Balance from Prior Budget Periods a. Salaries and Wages: $0.00 i.Additional Authority $0.00 b. Fringe Benefits: $0.00 ii.Offset $0.00 c. Total Personnel Costs: $0.00 c.Unawarded Balance of Current Year's Funds $0.00 d. Consultant Costs. $0.00 d.Less Cumulative Prior Awards(s)This Budget $0.00 e. Equipment: $0.00 Period f. Supplies: $0.00 e.AMOUNT OF FINANCIAL ASSISTANCE THIS $640,360.00 g. Travel: $0.00 ACTION h. Construction/Alteration and Renovation : $0.00 13.RECOMMENDED FUTURE SUPPORT:(Subject to the availabiliitv of funds and satisfactory progress ofproject) i. Other: $540,350.00 YEAR TOTAL COSTS j. Consortium/Contractual Costs: $0.00 Not applicable k. Trainee Related Expenses: $0.00 14.APPROVED DIRECT ASSISTANCE BUDGET:(In lieu of cash) I. Trainee Stipends: $0.00 a.Amount of Direct Assistance $0.00 m Trainee Tuition and Fees: $0.00 b. Less Unawarded Balance of Current Year's Funds $0.00 n. Trainee Travel: $0.00 c. Less Cumulative Prior Awards(s)This Budget Period $0.00 o. TOTAL DIRECT COSTS: $540,350.00 d.AMOUNT OF DIRECT ASSISTANCE THIS ACTION $0.00 p. INDIRECT COSTS(Rate:%of S&W/TADC): $0.00 q. TOTAL APPROVED BUDGET: $540,350.00 i.Less Non-Federal Share: $0.00 ii.Federal Share: $540,350.00 16.PROGRAM INCOME SUBJECT TO 45 CFR 76.307 SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: A=Addition B=Deduction C=Cost Sharing or Matching D=Other [A] Estimated Program Income:$0.00 16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY HRSA,IS ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: a.The grant program legislation cited above.b.The grant program regulation cited above.c.This award notice including terms and conditions,if any,noted below under REMARKS.d.45 CFR Part 75 as applicable.In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS:(Other Terms and Conditions Attached[X]Yes []No) Electronically signed by Elvera Messina,Grants Management Officer on:04/03/2020 17.OBJ.CLASS:41.51 18.CRS-EIN: 1926000086A1 1119.FUTURE RECOMMENDED FUNDING:$0.00 FY-CAN CFDA DOCUMENT NO. AMT.FIN.ASST. AMT.DIR.ASST. SUB PROGRAM SUB ACCOUNT CODE CODE 20- 20-398V160 93.224 20H8DCS35389C3 $540,350.00 $0.00 CH COVID19BPHC- C3 245 Page 1 A printer version document only. The document may contain some accessibility challenges for the screen reader users.To access same information,a fully 508 compliant accessible HTML version is available on the HRSA Electronic Handbooks.If you need more information,please contact HRSA contact center at 8774644772,8 am to 8 pm ET,weekdays. Seward Community Health Center Grant Narrative Overview H8D May 7, 2020 Safety— Health centers are safe for staff and patients After Alaska confirmed their first case, we opened our joint medical Emergency Operations Center(EOC) with ourselves, local hospital, and our local government EOC. Being part of a small community, the Health Center staff worked closely with the Hospital and City staff to plan our surge capacity by converting a local gymnasium into an overflow care center which would potentially use our staff for back-up support. Our community group with about 20 participants meets three times a week to discuss any updates and changes that need to take place in our community to comply. We have several staff members participate in State, regional, community and local hospital Zoom meetings ranging from daily to three times a week. This information is shared at our daily Leadership meetings and notes from the leadership meeting are sent to all staff daily, so our staff is kept appraised of changes in our organization and our community. We also instituted mandatory training for caregivers on proper PPE use through our HealthStream staff education software. In an effort to prevent health center staff absenteeism we consistently have one-third of our clinic staff working from home. During their week at home providers and support staff are utilizing telemed methods to conduct patient visits. While our patient volume is low, at home staff are reviewing and updating policies, procedures,job descriptions and workflows to reflect current practice. We purchased secured laptops and workstations for non-essential and work at home staff to work from home. Staff that needed to quarantine were also able to work from home. Administrative staff is located in a building separate from the clinic building where additional workstations were added for staff. Health Center safety for staff and patient safety align with CDC guidelines for masking and cleaning regimens between patients. All surfaces, chairs, pens and touch screens are sanitized between patients. We have locked all entrance points of our building with patients and employees being screened for symptoms before entry. Universal masking protocols are in place in our building. Patients with symptoms are screened by phone or telemed and tested in their vehicles outside of our facility by our staff with proper PPE. Response—Detect, prevent, diagnose, and treat COVID-19 This is not a sprint it is a marathon. We will be using temporary staffing through the summer months to allow vacations and down time for current staff members, or for surge coverage if needed. Telehealth will need to be a strong and reliable method for delivering primary care to our patients. We are delivering limited telehealth, but it is on an unreliable platform and non-redundant phone system that needs to be upgraded. Our plan is to contract IT support to upgrade our network and provide infrastructure support. We are also working towards telemed chronic case management that will allow us to monitor and review chronic patients on a frequent basis without a need for an appointment. We have also purchased a limited number of telemed kits which include a device and some peripheral equipment so patients without a home or internet can receive a telemed visit. Currently our case manager and RN staff call every patient that has presented with COVID symptoms and tested either positive or negative on a daily basis until they are symptom free for 7-10 days. 246 Community wide preventative measures have ben communicated through the City Information Officer. Communications and updates are provided from our local work group,the Borough and State sources. We have assisted by participating in meetings, contacting local employers as a resource, assisting with creating posters for masking, public service messages on hygiene, social media information for hygiene, symptoms and financially assisting our local Senior Center to make over 3.000 masks so far,for community distribution Maintain and increase capacity to provide comprehensive primary health care We have continued to compensate our staff for their regular hours with reduced patient volumes. We have also maintained salaries for staff who were quarantined. We had some staff whose families were impacted, and they were unable to work, or work their full hours. We kept these employees whole and assisted them in signing up for appropriate programs for their situation to make sure that they were not negatively impacted. We were able to create a virtual list of tasks that ranged from policy review to contacting patients who are due for visits that were delayed due to the pandemic, for staff to select and complete during slow times and while working from home, with supervisory oversite. Due to our efforts and financial assistance from HRSA we have not had any resignations or furloughs during this crisis. In the last 1.5 months, we have rapidly deployed rudimentary telehealth medicine offerings to ensure basic health needs such as medication refills, follow-ups, and consults can continue. However, preventive health appointments, screenings, and ensuring continuity of care which is critical to maintaining and improving individual and population health have been delayed. In April 2020 about 22% of our patient's visits were telephonic and 15%were telemed visits. We know that telephone visits are very limited and are planning to increase our ability to provide telehealth visits to patients without internet services, by improving our network platform and purchasing more portable devices. Our plan for expanded services is to provide telemed services from our clinic to specialists in Anchorage approximately 120 miles away. We do not have specialty providers in Seward, and it is usually a five- hour round trip to see one in Anchorage. This will be an improvement for many of our community members. 247 FY 2020 H8D Coronavirus Supplemental Funding for Health Centers(COVID-19) Seward Community Health Center Budget Narrative and Personnel Justification Table Budget Narrative Object Class Category with Example Line Items Federal PERSONNEL Medical Directorto provide leadership in the preparation,prevention,and treatment of COVID-19.0.14FTEs $ 17,566.09 Physicians to provide COVID-19 screening,testing,and treatment.0.3FTEs $ 58,795.40 Mid-Level Providers to provide COVID-19 screening,testing,and treatment.0.73FTEs $ 104,402.73 Nursing Staffto provide COVID-19 screening,testing,and treatment.0.48FTEs $ 42,931.20 Clinical Support Staffto perform scheduling,registration,and COVID-19 screening.1.51FTEs $ 64,343.47 Behavioral Health staff to provide telemedicine services to COVID-19 patients and the community.0.08FTEs $ 6,552.00 Outreach Staffto promote COVID-19 education and awareness.0.24FTEs $ 10,857.60 Admin staff to provide leadership and support for COVID-19 related activities including establishing telemedicine processes and $ 55,600.10 procedures&developing technology infrastructure.0.48FTEs Finance/HR/Billing staff to maintain funding and respond to staffing needs.0.64FTEs $ 49,108.80 Contracted(1099)staff to provide coverage for regular FT employees and additional support.0.07FTEs $ 11,600.00 TOTAL PERSONNEL $ 421,757.39 FRINGE BENEFITS(W-2 Employees Only) Medicare/SS @ 7.15% $ 29,326.25 Health Benefits(HSA)@ 2.02% $ 8,285.09 Unemployment Insurance @ 0.8% $ 3,281.26 TOTAL FRINGE BENEFITS $ 40,892.60 Object Class Category with Example Line Items Federal TRAVEL Housing rental for temporary out-of-state Nurse Practictioner(4.5months)to provide additional coverage during COVID-19 and $ 5.850.00 summer season surges($1,300/month) TOTAL TRAVEL $ 5,850.00 EQUIPMENT None TOTAL EQUIPMENT $ SUPPLIES TOTAL SUPPLIES $ CONTRACTUAL Contracted IT support services to strengthen network,install firewalls,upgrade phone lines,develop telemedicine policies& $ 57,000.00 procedures and provide technology infrastructure support and training for personnel and patients(Total quoted project cost= $228k. Multi-fund project.25%requested) TOTAL CONTRACTUAL $ 57,000.00 OTHER Communication expenses including local/long distance phone($1,200/mo*6 months),cellular phone/data($300/mo*6 $ 14,850.00 months),&internet connection($975/mo*6 months)essential for COVID-19 response including telemedicine and remote TOTAL OTHER $ 14,850.00 INDIRECT COSTS Object Class Category with Example Line Items Federal X.XX%approved indirect rate S A TOTAL INDIRECT COSTS TOTAL BUDGET $ 540,350.00 S 0.00 248 1.DATE ISSUED: 2.PROGRAM CFDA:93.224 05/04/2020 ,.^'A=S.Depr"emeHamm°HLWMSwAn 3.SUPERSEDES AWARD NOTICE dated: except that any additions or restrictions previously imposed remain in effect unless specifically rescinded. 4a.AWARD NO.: 4b.GRANT NO.: 5.FORMER GRANT HoAhRommeoand5mrviv AdminlsRraman 1 H8ECS37707-01-00 H8ECS37707 NO.: NOTICE OF AWARD 6.PROJECT PERIOD: AUTHORIZATION(Legislation/Regulation) FROM:05/01/2020 THROUGH:04/30/2021 H.R.266, Paycheck Protection Program and Health Care 7.BUDGET PERIOD: Enhancement Act FROM:05/01/2020 THROUGH:04/30/2021 8.TITLE OF PROJECT(OR PROGRAM): FY 2020 Expanding Capacity for Coronavirus Testing(ECT) 9.GRANTEE NAME AND ADDRESS: 10.DIRECTOR:(PROGRAM DIRECTOR/PRINCIPAL SEWARD,CITY OF INVESTIGATOR) PO BOX 167 Craig Ambrosiani Seward,AK 99664-0167 SEWARD,CITY OF DUNS NUMBER: PO BOX 2895 037996634 Seward,AK 99664-2895 BHCMIS#1OE00170 11.APPROVED BUDGET:(Excludes Direct Assistance) 12.AWARD COMPUTATION FOR FINANCIAL ASSISTANCE: [X]Grant Funds Only a.Authorized Financial Assistance This Period $131,629.00 [ ] Total project costs including grant funds and all other financial participation b.Less Unobligated Balance from Prior Budget Periods a. Salaries and Wages: $0.00 i.Additional Authority $0.00 b. Fringe Benefits: $0.00 ii.Offset $0.00 c. Total Personnel Costs: $0.00 c.Unawarded Balance of Current Year's Funds $0.00 d. Consultant Costs. $0.00 d.Less Cumulative Prior Awards(s)This Budget $0.00 e. Equipment: $0.00 Period f. Supplies: $0.00 e.AMOUNT OF FINANCIAL ASSISTANCE THIS $131,629.00 g. Travel: $0.00 ACTION h. Construction/Alteration and Renovation : $0.00 13.RECOMMENDED FUTURE SUPPORT:(Subject to the availabiliitv of funds and satisfactory progress ofproject) i. Other: $131,629.00 YEAR TOTAL COSTS j. Consortium/Contractual Costs: $0.00 Not applicable k. Trainee Related Expenses: $0.00 14.APPROVED DIRECT ASSISTANCE BUDGET:(In lieu of cash) I. Trainee Stipends: $0.00 a.Amount of Direct Assistance $0.00 m Trainee Tuition and Fees: $0.00 b. Less Unawarded Balance of Current Year's Funds $0.00 n. Trainee Travel: $0.00 c. Less Cumulative Prior Awards(s)This Budget Period $0.00 o. TOTAL DIRECT COSTS: $131,629.00 d.AMOUNT OF DIRECT ASSISTANCE THIS ACTION $0.00 p. INDIRECT COSTS(Rate:%of S&W/TADC): $0.00 q. TOTAL APPROVED BUDGET: $131,629.00 i.Less Non-Federal Share: $0.00 ii.Federal Share: $131,629.00 16.PROGRAM INCOME SUBJECT TO 45 CFR 76.307 SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: A=Addition B=Deduction C=Cost Sharing or Matching D=Other [A] Estimated Program Income:$0.00 16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY HRSA,IS ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: a.The grant program legislation cited above.b.The grant program regulation cited above.c.This award notice including terms and conditions,if any,noted below under REMARKS.d.45 CFR Part 75 as applicable.In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS:(Other Terms and Conditions Attached[X]Yes []No) Electronically signed by Elvera Messina,Grants Management Officer on:05/04/2020 17.OBJ.CLASS:41.51 18.CRS-EIN: 1926000086A1 1119.FUTURE RECOMMENDED FUNDING:$0.00 SUBPROGRAM SUB FY-CAN CFDA DOCUMENT NO. AMT.FIN.ASST. AMT.DIR.ASST. CODE ACCOUNT CODE 20-398T160 93.224 20H8ECS37707C4 $131,629.00 $0.00 CH 20-COVID19- BPHC-C4 249 Page 1 A printer version document only. The document may contain some accessibility challenges for the screen reader users.To access same information,a fully 508 compliant accessible HTML version is available on the HRSA Electronic Handbooks.If you need more information,please contact HRSA contact center at 8774644772,8 am to 8 pm ET,weekdays. Seward Community Health Center Grant narrative overview H8E Support activities to purchase, administer, and expand capacity for testing to monitor and suppress COVID-19 The communities in our service area have taken the COVID10 threat seriously and have worked together to take precautions and prevent the virus from being established and spreading in our community. So far, we have only had three confirmed COVID 19 cases in our service area of approximately 6,000 year round residents. Our patient volumes had dropped to about 40%of normal but have started to increase in May. We have not laid off any staff or decreased our services. We are currently and will continue to offer our staff testing on a weekly basis. The local businesses and agencies communicate on a weekly basis about their needs and how they are being handled. For symptomatic testing we have been providing screening, testing, result follow-up and daily case management calls until seven days after symptoms have subsided. All testing and results have been reported to the State and we have worked closely with the State Department of Health. The major areas of concern in our service area are Spring Creek State Prison, 500 inmates, 100 staff, the fish canneries, 100 year round and 300—500 summer employees. Commercial fishing vessels are numerous and somewhat unpredictable as to their volume of deckhands coming into town. The various summer businesses ranging from sightseeing tour boats, charter fishing, hotels and restaurants that accommodate about 2,000 visitors a day, are expecting to see about 50%of average summer visitors. Volumes are down this summer as the cruise ships that normally total about 60 per summer will be zero in 2020. Based on the areas of concern we are constantly changing our testing plan for active infection. We have yet to develop a prior exposure testing plan but are expecting to add this testing in the near future. We are currently and will continue to provide asymptomatic on-site active infection testing, multiple times a week, at local canneries and other businesses with high risk of exposure, like restaurants and hotels. As our testing supply grows,we will be opening testing for all residents and visitors with increased drive thru/walk thru testing and on-site education. We will also be travelling to other communities in our service area to provide testing and education for residents and visitors where travel is a barrier to testi ng. We have been fortunate in Alaska that our State has been providing testing services at no-cost, we have also not been charging for asymptomatic testing. Our supply costs will be mostly for PPE and testing supplies. We will continue to collaborate with local and State agencies and provide testing and resources as needed. 250 FY 2020 H8E Expanding Capacity for Coronavirus Testing (ECT) Seward Community Health Center Budget Narrative and Personnel Justification Table Budget Narrative Object Class Category with Example Line Items Federal PERSONNEL Physicians to supervise COVID-19 testing during community drive-thru testing hours and mobile testing events.0.1FTEs $ 20,235.90 Mid-Level Providers to conduct COVID-19 testing during community drive-thru testing hours and mobile testing events.0.19FTEs $ 29,200.00 Nursing Staff to conduct COVID-19 testing during community drive-thru testing hours and mobile testing events.0.19FTEs $ 14,000.00 Clinical Support Staff to greet patients,perform ID Checks,and provide other support during drive-thru COVID-19 testing and $ 8,800.00 mobile testing events.0.19FTEs Contracted(1099)staff to provide coverage for regular FT employees and additional support.0.19FTEs $ 30,000.00 TOTAL PERSONNEL $ 102,235.90 FRINGE BENEFITS(W-2 Employees Only) Medicare/SS @ 7.15% $ 5,164.87 Unemployment Insurance @ 0.8% $ 577.89 TOTAL FRINGE BENEFITS $ 5,742.75 Object Class Category with Example Line Items Federal TRAVEL Local travel for COVID-19 mobile testing teams(2-3 staff members)providing screening and testing services in outlying areas $ 490.50 including Moose Pass,AK.(3 trips x 5 months x 60 miles RT x $0.545/mi rate) Local travel for COVID-19 mobile testing teams(2-3 staff members)providing bulk screening and testing services at local seafood $ 179.85 processors,Marine services,and other businesses.(3 trips x 5 months x 22 miles RT x $0.545/mi rate) TOTAL TRAVEL $ 670.35 EQUIPMENT TOTAL EQUIPMENT $ - SUPPLIES Covid-19 Rapid Test Kits-Set of 20(30gty @$500ea) $ 15,000.00 Phlebotomy supplies for specimen collection including:Nasopharyngeal Swabs-Case of 1,000gty(1gty @$950ea),Speciman Bag- $ 1,025.00 Set of 1,000gty(1gty @$75) Personal protective equipment including:N95 Masks-Set of 100gty(3gty @$50ea),Gloves-Box of 200gty(5gty @$15ea) $ 225.00 Temporary structure/extra large canopy tent for portable drive-thru testing station(1gty @$350ea) $ 350.00 TOTAL SUPPLIES $ 16,600.00 CONTRACTUAL Courier service for transfer of testing specimans to State of Alaska lab in Anchorage,AK(4 trips per month*5 months @$200 per $ 4,000.00 RT trip) TOTAL CONTRACTUAL $ 49000.00 OTHER Recruiting expenses for temporary and contract(1099)staff to provide coverage for regular FT employees and additional support $ 1,080.00 for COVID-19 Testing expansion including background checks(4gty @$60ea),drug tests(4gty @$100ea),credentialing(4gty @ $80ea),degree verification(4gty @$30ea) Community Outreach/Promotion expenses including educational flyers-Set of 2,500gty(1 @$300ea)/brochures-Set of 2k(1gty $ 1,300.00 @$600 total)for testing and testing availability and mailing fees($400) TOTAL OTHER $ 2,380.00 INDIRECT COSTS Object Class Category with Example Line Items Federal X.XX%approved indirect rate N/A TOTAL INDIRECT COSTS TOTAL BUDGET $ $ (0.00) 251 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A FIVE-YEAR LEASE AGREEMENT BETWEEN THE SEWARD COMMUNITY HEALTH CENTER, INC. (SCHC) AND THE CITY OF SEWARD BEGINNING ON AUGUST 24, 2020 AND ENDING SEPTEMBER 30,2025 WHEREAS, the Seward Community Health Center is a federally qualified health center (FQHC), that collaborates with the City to improve access to primary health care in the Seward community; and WHEREAS, the City (the Lessor) leases the premise to the SCHC (the Lessee) at the address 417 First Avenue, Suite 2895, Seward, Alaska 99664 which is known as the SCHC; and WHEREAS, this Lease shall continue this agreement for five years starting on August 24, 2020 and ending on September 30, 2025; and WHEREAS, the Lease amount is a nominal lease rate of$1 per year; and WHEREAS, approval of this agreement allows the SCHC to continue using the premise to support the activities of a primary care clinic serving as a federally qualified health center under Section 330 of the Public Health Services Act; and WHEREAS, the Lessor and the Lessee are both granted the option to cancel this Lease agreement upon six months written notice at any time prior to the stated maturity of the Lease. Upon expiration of said time period, both Lessor and Lessee shall hold each other harmless from further liability of obligation under this Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby authorizes the city manager to sign the a five-year lease agreement with the Seward Community Health Center ending September 30, 2025 as attached herein. Section 2. Approval of this Resolution allows the continued collaboration between the City and the SCHC to provide access to primary health care to the Seward community. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241h day of August, 2020. 252 Agenda Statement Meeting Date: August 24, 2020 To: City Council From: City Manager, Scott Meszaros Sly Agenda Item: A Resolution of the City Council of the City of Seward, Alaska, Approving the Five-Year Lease Agreement Between the Seward Community Health Center, Inc. (SCHC) and the City of Seward Beginning on August 24, 2020 and Ending on September 30, 2025 BACKGROUND & USTIFICATION: The Seward Community Health Center is a federally qualified health center(FQHC), that collaborates with the City to improve access to primary health care in the Seward community. The City Ieases the premise at 417 First Avenue, Suite 2895, Seward Alaska 99664 to the Seward Community Health Center for a nominal Iease rate at$1.00 per year. Approving this Resolution allows SCHC to continue using the premise to support the activities of a primary care clinic serving as a federally qualified health center under Section 330 of the Public Health Services Act. INTENT: To continue the City's agreement with Seward Community Health Center to provide primary health care to the community CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan Comprehensive Plan Strategic Plan:To continue the lease agreement between The City of 2. Seward and Seward Community Health Center to provide primary X health care to the Seward community 3. 1 Other(list): FISCAL NOTE: There is no real fiscal impact from this Resolution since the lease rate is $I.00 per year. Approval supports the SCHC's use of the premise and ability to provide primary healthcare to the community. Approved by Finance Department: 253 ATTORNEY REVIEW: Yes _No.,,,,,,,,,,,,,,,,,,..,, X RECOMMENDATION: Approval of Resolution 2020- 073to allow the continued collaboration between the City and the SCHC to provide access to primary health care to the Seward community. 254 LEASE AGREEMENT. This Agreement, made and entered into this 24`h day of August 2020 by and between Seward Community Health Center, lnc., P.Q. Box 2895, in the City of Seward, State of Alaska, hereinafter referred to as LESSEE. AND The City of Seward,P.O. Box 167, in Seward, Alaska, hereinafter referred to as LESSON. Seward Community Health Center(stand-alone 501(c)(3) entity) is a federally qualified health. center(FOHC), collaborating to improve access to primary health care in the community, pursuant to Section 330 of the Public Health Services Act(42 USC § 254b). Premise-Address: The Address of Premises is 41.7 First Avenue, Suite 2895, Seward, Alaska, generally known as Seward Community Health Center. Lease Term: The Lease shall commence on August 24,2020 and extend through September 30,2025, or earlier as per the Termination Clause. The lease may be renewed for additional five-year periods, upon mutual agreement of the parties. Lease Rate: The Leas: amount is a nominal lease rate of$1 per year. Use. That said premises shall be used to support the activities of primary care clinic serving as.a federally qualified health center under Section 330 of the Public Health Services Act. Utilities: LESSEE will reiiuburse Providence Seward Medical Center(Providence) for allocated utility and janitorial costs, per Lessee's agreement with Providence. Parking: No designated off-street parking spaces are associated with this lease. Termination Clause: Notwithstanding anything to the contrary contained elsewhere in this Lease, it is expressly understood and agreed between the parties hereto that either party is granted an option to cancel this Lease upon six months written notice at any time prior to the stated maturity of the Lease. Upon expiration of said time period, both LESSOR and LESSEE shall hold each other harmless from further liability of obligation under this Lease. SCHC-C itv Lease,Agreeinent Page I of t 255 LESSEE will pay said lease payments and will quietly deliver up said premises on the day of the expiration of 6,is lease, in as good a condition as the same were in when received, except for reasonable ,w,— r a-d tear. Ins'Irmr LESSEE grail carry and maintain, during the entire term hereof, at LESSEE's sole cost and expense. broad form of comprehensive commercial general liability insurance with limits of not less '-,an ',;i,000,000 per occurrence, insuring against any and all liability of LESSEE with respect U. ilie demised premises or arising out of the use or occupancy thereof. LESSOR is to be an additi-nal named insured on this policy. LESSEE shall furnish LESSOR, if requested, evidence that the insurance is in full force and effect from the Company issuing such insurance. LESSEE -s responsible for insurance of LESSEE's contents. Signage: LESSOR will allow LESSEE to install signage on the building and/or property in a size and location acceptable to both parties. LESSEE signage shall conform to all applicable local, city, and 'iorough requirements. This Agre,dn(col,_ be modified only upon the written and signed Agreement of LESSOR and LESSEE. WEIJEi"ZoF, the said parties have hereunto set their hands the day and year r Imo'",� Scott Meszarc s, City Manager City of Seward DATE LESSEE Q� 4L Craig rr brosiani, Executive Director Seward Community Health Center ,3) , !�/I 2-C DATE SCHC-City Lease agreement Page 2 of 2 256 Sponsored by: Meszaros CITY OF SEWARD,ALASKA RESOLUTION 2020-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COLDFOOT ENVIRONMENTAL SERVICES INC. FOR THE HAZARDOUS MATERIAL REMOVAL, SALVAGE OF MATERIALS, AND SITE DEMOLITION, AT THE SITE OF THE JESSE LEE HOME LOCATED AT JESSE LEE HEIGHTS SUBDIVISION, ADDITION NO. 4, LOT 15A AND 15B, CITY OF SEWARD, IN THE AMOUNT OF FOR $484,940, PLUS A 10% CONTINGENCY, AND APPROPRIATING FUNDS WHEREAS, the City Council directed the City Manager or his designee to demolish the Jesse Lee Home buildings and build a memorial to the residents and staff of the facility using respectfully remove salvageable wood and/or property features; and WHEREAS, the City Manager was authorized to execute a Request for Proposals (RFP) for the removal of hazardous material, site demolition, and construction of a memorial at the site of the Jesse Lee Home; and WHEREAS, on July 28, 2020, the City of Seward advertised and then received bids for the demolition and hazardous material removal of the Jesse Lee Home located At Jesse Lee Heights Subdivision Addition No. 4 lot 15A and 15B City of Seward; and WHEREAS, at the July 27, 2020 meeting, the City Manager provided the scoring criteria and informed the Council of the RFP to provide abatement, demolition, and removal services; and WHEREAS,bids were opened on August 18, 2020 from two bidders; and WHEREAS,two (2) qualified proposals were received from professional contractors; five (5) City staff reviewed and scored the proposals on August 18, 2020; Coldfoot Environmental Services Inc. scored the highest of the proposers with a bid price of $484,940; and WHEREAS,the property is identified as Lots 15A and 1513, Jesse Lee Home Heights Subdivision Addition No. 4 according to Plat 89-18, also known as the Jesse Lee Home; and WHEREAS, on August 18, 2020, an Intent To Award notice was issued and the City of Seward Professional Services Agreement was signed by Coldfoot Environmental Services Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: 257 CITY OF SEWARD,ALASKA RESOLUTION 2020-074 Section 1. The City Manager is hereby authorized to enter into the Professional Services Agreement with Coldfoot Environmental Services Inc. as attached hereto, in substantial form, in an amount not to exceed$533,434 for abatement,demolition,and removal services. Section 2. State grant funding in the amount of$1,073,441.46 is hereby accepted to grant revenue account no. 80093-0000-4252. Section 3. Funding in the amount of $484,940 plus a 10% contingency of $48,494 totaling $533,434 is hereby appropriated to project contracted services account no. 80093- 0000-7009. Section 4. The contingency will only be utilized if required, by change orders to the scope of project, approved in writing in advance by the City Manager or his designee. Section 5. The City Council hereby directs the City Manager or his designee to build a memorial to the residents and staff of the facility using respectfully removed salvageable wood and/or property features at a later date. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of August, 2020. THE CITY OF SEWARD,ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 258 Agenda Statement Meeting Date: August 24, 2020 ' To: City Council ` Through: Scott Meszaros, City Manager -56 Stephen Sowell, Assistant City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: A Resolution Approving Hazardous Material Removal, Site Demolition, And Construction of a Memorial at The Site of The Jesse Lee Home Located at Jesse Lee Heights Subdivision Addition No. 4 Lot 15A and 15B City Of Seward BACKGROUND &JUSTIFICATION: The City Council directed the City Manager or his designee to demolish the buildings and build a memorial to the residents and staff of the facility using respectfully remove salvageable wood and 1 or property features. On July 28,2020,the City of Seward advertised for and received bids for demolition and hazardous material removal of the Jesse Lee Home located At Jesse Lee Heights Subdivision Addition No. 4 Lots 15A and 15B City of Seward Deadline for proposals was 3:00p.m.on August 17,2020,the bids were opened on August 18,2020 from two bidders Coldfoot Environmental Services Inc and Alaska Demolition. Two(2)qualified proposals were received from professional contractors;six(6)staff reviewed and scored the proposals on August 18, 2020, Alaska Demolition. Total Bid Price $777,485.00 Coldfoot Environmental Services Inc Total Bid Price $484,940.00 Coldfoot Environmental Services Inc scored the highest of the proposers with a bid price of $484,940.The amount of$484,940 was the lowest,responsive proposal and met the qualifications of the City. Coldfoot Environmental Services Inc was sent a letter of intent to award on August 18,2020 and the City of Seward Professional Services Agreement was signed by Aspen Knight and is included with this resolution. For decades various failed attempts have been made to restore/save the Jesse Lee Home but the two remaining buildings still sit vacant, neglected and deteriorated The City was awarded a Department of Commerce,Community,and Economic Development Grant in the amount of$1,073,441.46 to mitigate the Jesse Lee Home structure, to remove, dispose, and abate environmental hazards remaining on the property,including asbestos,underground fuel and/ or other tanks,buildings,fencing and structures,and to respectfully remove salvageable wood and/ or property features to build a memorial to the residents and staff of the facility. 259 INTENT: Award the Professional Services Agreement for remove of hazardous material removal, site demolition,site demolition,and respectfully remove salvageable wood and/or property features for a memorial to be built at a future date. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here): X 2 Strategic Plan (Approved by Council Revolution 99-043): X Promote a safe community (page 18 r Seward City Code: 3' Numerous sections of title 9, Health and Safety support this action- FISCAL FISCAL NOTE: Funding for this project will come from the State of Alaska grant accepted via Council Resolution 2018-088 for the hazardous material removal,site remediation,and construction of a memorial at the site of the Jesse Lee Home. Remaining grant funds will be used to construct a memorial at a later date, but before State deadline of.tune 30, 2021. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: Council Authorize the City manager to enter into the Professional Services Agreement with Coldfoot Environmental Services,Inc.for the Hazardous Material Removal,Material Salvage,Site Demolition,At Jesse Lee Heights Subdivision Addition No 4 Lot 15a and 15b City Of Seward Resolution 2020-074 260 CM OF SE WARD ARD Community Development P.0. Box 167 907.224.4048 238 Filth Avenue ixiIde@cityolseward.net Seward,Alaska 99664 August 18, 2020 Coldfoot Environmental Services Inc. 6670 Wes Way Anchorage, Alaska 99518 NOTICE OF INTENT TO AWARD Dear Cuauhtemoc Rodriquez, The City of Seward intends to award the Abatement/Demolition, salvage and Removal Services contract to your firm,Coldfoot Environmental Services Inc. Your bid of$484,940 and responsive proposal was the highest scoring proposal and your company meets the City of Seward qualifications. The "Intent to Award" is a notice of the City's intent, not a guarantee of award. The award of this contract is contingent upon receipt of the final documents listed below, and Seward City Council's approval, authorizing the City Manager to enter into an agreement with your company. This contract will be presented to the Seward City Council on Monday, August 24, 2020 at 7:00 p.m. in the Seward City Hall Council Chambers. Your attendance is welcome,though not mandatory. In preparation of presenting this contract for approval, please submit a copy of the signed contract via email to iwilde@eityofseward.net by 12:00 p.m. on Tuesday, August 18, 2020. Additional documents required must be received no later than 4:00 p.m. Monday,August 31,2020: • Two original, signed copies of the Contract • Certificate of Insurance-with City of Seward as additional insured • Kenai Peninsula Borough Tax Compliance Certification • City of Seward Business License If you have any questions or concerns, please feel free to contact me via email, iwilde@cityofseward.net or by phone 907-224-4048. Sincerely, ] ,f �CI Jackie C. Wilde Community Development Director City of Seward, Alaska Emailed: August 18, 2020 Hard copy mailed: August 18, 2020 261 Professional Services Agreement for Abatement/ Demolition, Removal and Disposal Services This AGREEMENT, made and entered into this IV' day of August, 2020 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 A aska, hereinafter referred to as the "City" and COLDIFOOT ENVIRONMENTAL SERVICES INC.)., a Demolition and Environmental Contractor authorized to do business in Alaska, with offices located at 6670 Wes Way,Anchorage, Alaska 99518 hereinafter referred to as the "Contractor." WITNESSET WHEREAS, the City of Seward wishes toe ter into a contract with an independent contractor- / firm to provide Salvage, Abatement / Demolition Removal, and Disposal of all structures, trash and debris from two sites located at Jesse Lee Heights Subdivision Addition No. 4 Lots 15A and 15B City of Seward;owned by the City of Seward,located in Seward,Alaska; and WHEREAS, in response to a request for a prop sal, Coldfoot Environmental Services Inc submitted a proposal asserting it is qualified to perform t ese services and able to do so in a timely manner; and NOW, THEREFORE, in consideration of the i nutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITION 1.1 "Agreement" shall mean this Professiona Services Agreement, including: Exhibit A: Contractor's Pro osal for Abatement / Demolition Removal and Dis .osal Services dated Augus l8 2020. Exhibit B: Contractor's Certif icatc of Insurance 1.2 "Change Order" is an addition to,or reduction of,or other revision approved by the City in the scope, complexity, charact r, 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 Collin unity Development Director, Jackic C. Wilde, and include any successor or auth rized representative. 1.5 "Project" shall mean the Abatement / D molition, Removal and Disposal of all - Coldfoot Environmental Services Inc Lots 1 A and 158 JLII Subdivision Demo& Abatement- -2020- -Page 1 of 8- 262 structures, trash and debris two sites located at Jesse Lee Heights Subdivision Addition No. 4 Lots 15A and 15B City of Seward;owned by the City of Seward. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further,until all claims and disputes have been concluded.The work is considered complete when the City has found acceptable the finished product of all work describes! in Contractor's Scope of Services or changes thereto. This Agreement may be aniendesl only in writing and upon compliance with all applicable statutes, ordinances,and regulations. 3.0 FEES, The total fees shall not exceed $ 484,940.00. 4.0 SCOPE OF SERVICES. The City and the Contractor have Igrcesi upon the scope of work described in Exhibit A, to provide professional salvage, abatement / demolition, removal and disposal 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 Contractor will be pci-formed by: Cuauliternoc Rodriguez. 6.2 Chan Les in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. Tile Contractor agrees to provide all required professional Iabor, material, equipment, tools, supervision, transportation, disposal costs and other amenities necessary to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further-the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. - Coldfoot Environmental Services Inc Lots 15A and 1511 JIAI Subdivision Demo& Abatement - -2020- -Page 2 of 8- 263 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agrecinent. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to meet the agreed upon schedule within Exhibit A, the Contractor shall pay as liquidated damages and not as penalty $200.00 per day for each day after January 2, 2021 the final site inspection for cither site remains unaccepted by the City. 9.0 COMPLIANCE WiTH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during;performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and onllsslons of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the City, the indemnification, defense, and hold llarmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "City" include the employees, agents, and Contractors 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 Contractor, or in approving or accepting; the Contractor's work or the Contractor's sub-Contractors. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing;tiie terms of this Agreement. The Contractor 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 Contractor shall not commence work under this Agreement or any work on any please of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising Out Of Or from the work performed by Contractor of City of Seward. 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. - Coldfoot Environmental Services lice Lots 15A and 1513.11,11 Subdivision Derno& Abatement- -2020- -Page 3 of 8- 264 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 comparablc liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance politics specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor 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 inteipretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its sub-Contractors pertaining to this Agreement. 14.0 PATENTS TRADEMARKS AND COPYRIGHTS. The Contractor agrees to defend, indemnify,and save the City harmless from and against any and all claims, costs,royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the perfonnance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will cither secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method,process, etc., with one of equal efficiency, 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining; to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. - Coldfoot Environmental Services Inc Lots 15A and 1519 JLH Subdivision Dcmo& Abatement- -2020- -Page 4 of 8- 265 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Sus pension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sure equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Tennination. The City may at any time teiniinate or suspend this Agreement for any reason including its own ticeds or corlvcllierlcc. I1, the event of a convenience tcrilllllatiorl of-suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of tonnirlation or suspension. No fee or other compensation for the unconlpletccf portion of the services will be paid,except for already incurred indirect costs which the Contractor call establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of 'rcrmination or Sus pension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, tilt Contractor shall: a. stop work perforpned under this Agreement oil the date and to the extent specified in the Notice; and b. transfer title to the City(to tile extent that title has not already been transferred) and deliver ill the manner, at the times, and to tile extent directed by the C,ity's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion,color,national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction oil the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor- may not assign, subcontract - Coldfoot Environmental Services Inc Lots 15A amd 1511 J1,11 Subdivision Demo& Abatement- -2020- -Page 5 of 8- 266 or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without writtell consent of the Contracting;Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall bean independent Contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions sliall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and coiulitlons relating to tine subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK TERM OF AGREEMENT. The Contractor shall perto�rin all work ill a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska, 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost or, or time required for, the perfor nance of any part of the work under this Agreement, - Coldfoot Environmental Services h e Lots 15A and 151131,11 Subdivision Demo& Abatement- -2020- -Page 6 of 8- 267 or if such change otherwise affects other provisions of this Agreement,an equitable adjustment will be negotiated. Such an adjustment may bc: 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 tine Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15)days from the day of receipt by the Contractor orthe 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 airy 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 Agrecmerrt shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement,work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. - Coldfoot Environmental Services Inc Lots 15A and 1511 d1.11 Subdivision Demo& Abatement - -2o2a- -Page 7 of 8- 268 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 notes! below: Jackie C. Wilde, Cuauhtem oe Rodvignez Community Development Director President City of Seward Coklfoot Environmental Services, Inc. PO Box 167 6070 Wes Way Seward, Alaska 99664-0167 Anchorage, AK 99518 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward CoMfoof Envimmnen Services, Inc. By: Scott Mcszaros By: Cuauhtem c Rocl,-iguez Title: City Manager Title: President Date: Date: 1 r= 2020 ATTEST: Brenda Ballou, MMC City Clerk (City seal) -Coldfoot Environmental Services Inc Lots 15A and 15H JLU Subdivision Demo& Abatement - -2020- -Page 8 of 8- 269 Proposal Price Item Description Price 001 Hazardous Material Removal $ 138,300.00 002 Demolition $ 399,200.00 Total $ 537,500.00 003 Option 1—Salvage Chapel* $ No Bid 004 Option 2—On-site Concrete Recycling Credit $ (52,560.00) Total $ 484,940.00 *Additional information is required. Based on rough estimates a new pavilion of equal size ranges from $175 to $200 per square foot. This includes labor, material, concrete pad, and lighting. Assume electrical service is already on premises. Coldfoot Environmental Services, Inc. 270 COLDFOOT ENVIRONMENTAL SERVICES, INC. PART ONE: NARRATIVE I. COMPANY INFORMATION Established in 2001, Coldfoot Environmental Services, Inc. (Coldfoot) is a Hispanic-American, Service- Disabled Veteran Owned Small Business (SDVOSB) specializing in asbestos abatement, lead abatement, hazardous materials remediation, demolition, painting, and renovation. Coldfoot is an S-Corporation with Corporate Headquarters based in Anchorage, Alaska and was the Small Business Administration's (SBA) 2012 Prime Contractor of the Year for both Alaska and SBA Region 10. Key to Coldfoot's success in executing its projects has been its commitment to safety, superior project coordination and execution, and communication with the client. "Experience. Reputation. Commitment. Through our work experience on private and federal installations, we have obtained a reputation that speaks for itself. We are committed to providing safe, innovative, and cost-effective solutions to all of our clients." DUNS: 014179779 CAGE: 3CNE6 SAM Registration Date: 11/22/2002 NAICS CODE DESCRIPTION SIZE 236210 Industrial Building Construction SDVOSB 236220 Commercial and Institutional Building Construction SDVOSB 238190 Other Foundation, Structure, And Building Exterior Contractors SDVOSB 238910 Site Preparation Contractors SDVOSB 541620 Environmental Consulting Services SDVOSB 561730 Landscaping Services SDVOSB 562910 Asbestos Abatement Remediation Services SDVOSB Coldfoot Environmental Response Part One - Narratives 1 1.1 EXPERIENCE & CAPABILITIES Coldfoot brings over 19 years of experience executing asbestos, lead, and other regulated materials (ORM(s)) remediation; demolition; painting; and renovation projects.After careful review of the"RFP for Abatement/ Demolition and Removal Services" Coldfoot is confident,capable, and ready to perform its outlined scope of services. Coldfoot is an excellent candidate for this opportunity and is highly interested in assisting the City of Seward, Alaska by providing abatement, demolition, and removal of all structures, trash, and debris from 101 Benson Dr., 105 Benson Dr., Lots 15A & 15B, Block 4,Jesse Zee Heights Subdivision. Prior to its graduation from the SBA 8(a) program, Coldfoot was the prime subcontractor for the Elmendorf AFB Asbestos and Lead IDIQ contracts, later becoming the prime contractor self-performing all activities, for almost 10 years. This extensive history gives Coldfoot unparalleled expertise in planning, executing, and being intimately aware of the federal, state, and local regulations regarding hazardous materials abatement and remediation to include the Resource Conservation and Recovery Act (RCRA), Alaska Department of Environmental Conservation (DEC), National Emission Standards for Hazardous Air Pollutants (NESHAP), and the Occupational Safety and Health Administration (OSHA). Coldfoot is extremely knowledgeable with the unique working conditions of asbestos remediation in remote locations in Alaska. Coldfoot has the materials, equipment, personnel and experience necessary to meet the Government's requirements without the need for significant subcontracting or teaming. However, Coldfoot maintains business relationships with and provides sub-contracting opportunities to HUBZone, Women-Owned and 8(a) businesses when the need arises. Coldfoot does not foresee any major risk areas or need of other mitigation efforts to meet the requirements of this contract and possesses the experience, expertise,labor and equipment to fully perform to the highest standard of workmanship. The following matrix provides a cross-reference between the key work requirements included in our customer's projects and helps demonstrate the experience and capabilities we have in accordance with the RFP scope of work. PAST PROJECTS REFERENCE MATRIX TASKS PAST PROJECTS EAST HIGH ER EMS NOAA 3R11STREET SALVAGE X X X X HAZARDOUS MATERIAL REMOVAL X X X DEMOLITION X X DISPOSAL X X X X CONSTRUCTION MANAGEMENT X X X X CONCRETE X X ASBESTOS ABATEMENT X X X LEAD ABATEMENT X X CODE COMPLIANCE X X X X Coldfoot Environmental Response Part One - Narrative Z 272 PAST PROJECTS EAST HIGH SCHOOL SPORTS COMPLEX (EAST HIGH) Location: Anchorage, Alaska Owner: Anchorage School District ASD Project No.: 830715 Project Description: Work included asbestos abatement, lead abatement, mercury flooring removal, and other hazardous material removal to include, disposal.All work was performed in compliance with local, state, and federal regulations. EAGLE RIVER ELEMENTARY SCHOOL EARTHQUAKE RECOVERY(ER EMS) Location: Eagle River,Alaska Owner: Anchorage School District ASD Project No.: 200014 Project Description: Work included asbestos abatement, lead abatement, mercury flooring removal, and other hazardous material removal to include, disposal.All work was performed in compliance with local,state, and federal regulations. NOAA Location: Fox,Alaska Owner: U.S.Army Engineer District, AK Solicitation Number: W911KB19R0018 Project Description: Demolition of two buildings and antenna base located approximately 800 feet from each other on the same road. Demolish Transmitter Building and 9M Antenna located on FCDAS(Fairbanks Command and Data Acquisition Station). The Transmitter Building is approximately 987 SF.The Range Rate Building is approximately 2,501 SF. Both buildings contain hazardous materials to be removed prior to demolition. 3RD STREET WIDENING (3RD STREET) Location: Fairbanks,Alaska Owner: Department of Transportation Project Number: 0670001/Z625410000a Project Description: Demolish and dispose of existing structures adjacent to 30 street. Project work includes disconnecting and removing secondary utility services, removal of foundations, and removal of buried fuel tanks). Coldfoot Environmental Response Part One - Narrati273 3 EQUIPMENT AND VEHICLE LIST YEAR VEHICLE TYPE 2001 Chevrolet Express 3500 Service Truck 2003 Chevrolet Express 3500 Utility Van 2008 GMC Savannah 3500 Box Van YEAR ENCLOSED TRAILERS TYPE 2006 Haulmark 14'Trailer Scraper Trailer 2008 CarMate 24'Trailer Construction Trailer 2003 Haulmark 24'Trailer Guzzler Trailer 1998 Modec Decon Trailer Decontamination Trailer YEAR MEDIUM DUTY EQUIPMENT TYPE 2009 Genie 1930 Scissor Lift Aerial Manlift 2010 Genie Z60/34 Articulating Boom Lift Aerial Manlift 2000 Torbo M120 Wet Abrasive Blasting Unit Sandblaster 2011 Torbo XL130 Wet Abrasive Blasting Unit Sandblaster 2005 Stellar 6620 Crane Crane 2011 Sullair 375 Air Compressor Air Compressor YEAR SEMI-TRACTOR TYPE 1996 International Navistar Guzzler Truck Industrial Vacuum 2009 Peterbilt 367 Tractor Semi-Tractor 1999 Peterbilt 330 Water Truck Water Truck 1989 Kenworth W900T Semi-Tractor 1999 Kenworth T800 Semi-Truck 1992 Peterbilt 320 Fuel Truck YEAR HEAVY EQUIPMENT TYPE 2006 CAT 320CLU with hydraulic bucket/thumb Excavator 2015 Volvo EC380EL with hydraulic bucket/thumb Excavator 2017 Volvo EC700HR with hydraulic bucket/thumb Excavator 2008 CAT 303.5CCR with hydraulic bucket/thumb Excavator 2007 CAT H12005 hydraulic hammer Excavator Attachment 2013 BTI 2589 hydraulic hammer Excavator Attachment 2007 Allied Gator MT205-1 hydraulic shear Excavator Attachment 2017 Allied Gator MTR40& MTR90 hydraulic shear Excavator Attachment 2006 CAT TH580 Telehandler Forklift 1972 CAT D7F Bulldozer Bulldozer YEAR TRAILERS TYPE 2008 Sidumpr SDR325 Side Dump Side Dump Trailer 2014 Clement Monstar 89CY End Dump End Dump Trailer 2009 C&B Dump Trailer End Dump Trailer 2013 CD17 2-Axle Converter Dolly Converter Dolly 2005 TrailMax TRD54T Tilt-Bed Tilt-Bed Trailer 1998 Aspen 60-ton Lowboy Trailer Lowboy Trailer Coldfoot Environmental Response Part One - NarratiN 4 2. CLIENT REFERENCES In this section,we have included two client references and project information where similar work was performed for each client as will be expected in the scope of services. PHASE 2- AVTEC THIRD AVE DORM REPLACEMENT GENERAL PROJECT INFORMATION Type of Project: Demolition Contractor: Coldfoot Environmental Services, Inc. Contractor Type: Subcontractor Project Location: Seward, Alaska Project Amount: $232,054.00 Project Start Date: 3/2013 Project End Date: 4/2014 Owner: State of Alaska Department of Transportation Point of Contact: Mike Selhay SPECIFIC PROJECT DETAILS: Building Use: 80-Room Dormitory Building Type: Wood Frame on Concrete Foundation Building Size: 28,000 SF Building Levels: 2-Story plus Crawlspace Asbestos Present: Yes; Asbestos was removed prior to demolition. Scope of Work Established traffic control plan and haul routes to eliminate congestion and improve safety measures. Erected temporary fencing and appropriate signage to demarcate work areas. Coordinated all utility disconnects to include communication, electrical, sewer, storm, and water with the general contractor, private trades, and City departments. Structure was demolished from south to north to keep unpredictable high winds from blowing building debris to the surrounding schools, businesses, and roads. General debris was loaded and hauled to the nearest landfill 200 miles away. Concrete foundation and asphalt pavement was separated and recycled locally. Steel and other non-ferrous metals were recycled. Site was rough graded for future construction of a new dormitory. Despite the freezing temperature, blizzard conditions, and long hauls, the project was an overall success with zero accidents and on schedule. Work Subcontracted: Air Monitoring Overall Evaluation: Excellent Terminated: No Liquidated Damages: No CLIENT REFERENCE Company Name: Cornerstone General Contractors, Inc. Company Mike Quirk,Vice President Representative: Telephone Number: 907-561-1993 Email: mquirk@cornerstoneak.com Coldfoot Environmental Response Part One - Narratlyf5 5 AVIATION PARK COMPLEX GENERAL PROJECT INFORMATION Type of Project: Demolition Contractor: Coldfoot Environmental Services, Inc. Contractor Type: Subcontractor Project Location: Anchorage, Alaska Project Amount: $340,658 Project Start Date: 6/2013 Project End Date: 7/2013 Owner: MasterPark LLC Point of Contact: Robby Capps SPECIFIC PROJECT DETAILS Building Use: Army National Guard Armory Building Type: CMU Frame on Concrete Foundation Building Size: 29,000 SF Building Levels: 2-Story Asbestos Present: Yes;Asbestos was removed prior to demolition. Scope of Work Established traffic control plan and haul routes to eliminate congestion and improve safety measures. Erected temporary fencing and appropriate signage to demarcate work areas. Coordinated all utility disconnects to include communication, electrical, sewer, storm, and water with the general contractor, private trades, and City departments. Structure was demolished from south to north to allow the civil subcontractor to begin excavation for new underground utilities. Demolition was confined to the building footprint to accommodate hauling and excavation activities. Dust control was extremely important. We had to assure building debris did not blow into the active taxiway at Lake Hood Seaplane Base.General debris was loaded and hauled to the local landfill. Concrete and asphalt pavement was separated and recycled on-site utilizing a mobile crusher. Recycled aggregate was crushed to 3-inch minus and utilized as backfill for the new construction. Steel, rebar, and other non-ferrous metals were recycled. Site was rough graded. No landscaping was required as the site was transformed into the new airpark. Coordination and phasing were key elements in order to maintain the aggressive project schedule.The project was an overall success with zero accidents and on schedule. Work Subcontracted: Air Monitoring, Crushing Overall Evaluation: Excellent Terminated: No Liquidated Damages: No CLIENT REFERENCE Company Name: F&W Construction Company, Inc. Company Robby Capps, Owner Representative: Telephone Number: 907-248-366 Email: rcapps@fwalaska.com Coldfoot Environmental Response Part One - Narrative 6 276 3. WORK PLAN Please see the attached schedule for reference. Mobilization Hazmat: Hazmat personal and equipment will mobilize from Anchorage, Alaska with two (2) utility vans,one (1) industrial vacuum►truck, and one (1) mobile decontamination trailer. Hazmat personnel will demarcate the work areas,establish egress routes,and isolate all slip,trip, and fall hazards. Power and water will be establish to begin erecting hazmat containments. Confirmation of the hazmat survey and additional sampling and analysis to will completed. Hazmat personnel will use an industrial vacuum truck equipped with HEPA filtration to collect all loose debris i.e.asbestos flooring, pipe insulation, and woody debris. The truck will auto load debris into a 1-cubic yard super sack via a self- contained hopper. All other asbestos removal will be completed under negative pressure containments, glovebag systems, and wrap/cut methods. All work will be in accordance with local, state, and federal regulation. Transportation and disposal will completed using 40-cubic yard roll-off containers. Asbestos debris will be transported to Anchorage Regional Landfill. Other regulated material (ORM) will be contained, labelled, and transported to US Ecology. Mobilization Demolition: Demolition personnel and equipment will mobilize from Anchorage,Alaska with the following equipment: Volvo 380 excavator with bucket and thumb Allied Gator MT-40 concrete crusher Caterpillar 320 excavator with bucket and thumb Caterpillar HC-120 hydraulic breaker Peterbilt 330 water truck Peterbilt 365 semi-tractor Aspen 60 ton lowboy trailer SiDumper 3225 side dump trailer Clement Monstar 89cy end dump trailer Demolition personnel will arrange site utility locates, protect permanent structures,establish haul routes, and traffic control. Demolition personnel will inspect, salvage, and store miscellaneous artifacts and structures. Demolition will begin with all above grade structures and proceed with below grade foundations. Hydraulic excavators equipped with a bucket and thumb and a 4,000-gallon water truck will be used during demolition activities. The east and west arcades will be demolished first to allow space between Balto Hall and Goode Hall. Depending on Hazmat personnel, demolition will proceed to Jewel Guard Hall and work through Goode Hall. Fuels tanks inside Balto hall will be removed and recycled prior to demolition. Concrete identified as contaminated will be marked, separated, and removed with the foundation. All construction and demolition debris will be transported and disposed of at Anchorage Regional Landfill. Concrete will be transported and disposed of at AS&G Sand Lake Pit. As a price option and cost savings measure, Coldfoot would like to propose that all clean concrete be crushed and used as backfill onsite. Coldfoot excavators are all equipped with hydraulic breakers and crushers that can reduce the concrete while separating the any rebar.Coldfoot has been successful with this approach where landfills and hauling rates are significantly higher than normal. Grading: All disturbed areas and building footprints will be rough graded to match the existing contours. Abrupt edges and holes will be blended and sloped. Coldfoot Environmental Response Part One - Narratipe 7 4. STATEMENT OF CITY COMPLIANCE Coldfoot will acquire and maintain all permits and licenses necessary for the performance of the services, including a City of Seward business license and Demolition Permit. 5. STATEMENT OF INSURANCE COMPLIANCE Coldfoot will maintain in good standing with the insurance requirements described in the sample contract provided in the "Request for Proposal for Abatement/ Demolition and Removal services". 6. STATEMENT OF CONFLICT OF INTEREST Coldfoot nor any individual providing the services, does not have a possible conflict of interest. 7. ADDENDUMS ACKNOWLEDGED Coldfoot hereby acknowledges the receipt of Addendums No. 1, 2, & 3. Signed, 3 1-7 2� Cuauhtemoc Rod iguez Date President Coldfoot Environmental Services, Inc. Attachments: Evidence of Insurance Alaska Contractors License Alaska Business License MOA Contractors License Coldfoot Environmental Response Part One - Narrative 8 278 4 C5 \m ;e © � . a % � \e /§ U® _ ; « LL \ r � « ) [ � Ico > a f =2. / °^ § 3 k ( z � ) � . - § c ; ( \ [ m / } Lam e toe m $ 2 2 t ° mom / QgR \ mG@ / K22R2 ) ( \ a0) Lo & aaola *Lo aA ¥ ¥ 2n � 2 \ k 2 & / § / R / § k Q 5 i - c . 2 LL ; m k 7 S 2 § R c E § 2 0 2 G; } ¥ e P w w w ■ 0 » 4 e » � ; } § % m R 2 R R R m k@ m Q \ § R R � } c ¥ ■ a a a w a 7 & a » a 4 m2 a a � a o m 2 2 2 a m q « = e , - - c c = n. a 4 ■ a w a e aLL / J / k k ƒ ' # a U) % < % ƒ » t i » ( & % % ( © q 2 ) f4 « 2g22 « « 2 ) { /, \ - r m in N to m 2 2 a o (qcq CO / - 2 / \ 0) / j e j E (D ) ) \ # ) ) )i 0 e § , < _ # - e < = k o ;� k Eo =0 —0 � 2 -01-0 ° - .i / « - ! R o - ! ° 2 m ® _ [ 2 � ° z S # | « e 4 G w 0 * A $ 2 ] # = o , 2 1 E E ; I z k x 3 ] 3 ; 0§ )6 \\ j . an % Q / w = / � \ 279 oe � C62 \m m L .e �~ � J� /U . m L e ~ ] ) a § ƒ A® \ E \ � w w k 0 R « : \ a ; w � ae + C6,� \R [ § \\ o ( m a 2 � LL 2 [ \ .w ± / � e � q� 7� u \ z tm ° w � o \/ . ^ D \ I§ \m \} )\ » o e . . . . . . . . . &e 280 Client#: 144099 COLDENVII ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATDlYYYY) 4/03/203/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rainey Lindholm Propel Insurance n"rc°Nr o,Ext:$00 499 0933 FA c Ne: 866 577-1326 Seattle Commercial Insurance a l 601 Union Street,Suite 3400 DRESS: raney.lindhofm@propelinsurance.com INSURER(5)AFFORDING COVERAGE NAIC# Seattle,WA 98101-1371 Starr Sur lus Lines Insurance Company INSURER A: P P Y 13604 INSURED Coldfoot Environmental Services Inc INSURER B:Starr Indemnity&Liability Company 38318 6670 Was Way INSURER C:Great American Insurance Company 16691 INSURER D:NCCI Anchorage,AK 99518 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I DICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM1DDNYYY {MMlDD1YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1000065528201 04/01/2020 04/0112021 EACH OCCURRENCE $1,000000 CLAIMS-MADE FXIOCCUR PREMSES�ao"ccTu ence $1,000,000 X BI/PD Ded:5,000 MED FXP(Anyone person) $5,000 PERSONAL&ADV INJURY $1,000,000 GFN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I XI JJECOT F�LOG PRODUCTS-COMPIOPAGG $2,000,000 OTHER, $ B AUTOMOBILE LIABILITY SISIPCA08326720 4101/2020 04/01/2021 COMBINED SINGLE LIMIT Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURYPer awidenl $ AUTOS ONLY AUTOS ( ) X AUTOS ONLY Ix AUTOS NON-OWNED Hired Auto Om De $250 PROPERTY $ AUTOS ONLY p Per accident X rive Oth Car Physical Damage Ooll Dad $1,000 $ A UMBRELLA LIAB OCCUR 1000336451201 3410112020 04/01/2021 EACH OCCURRENCE s4,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE s4,000,000 OEO I I RETENTION$ $ D WORKERS COMPENSATION 50210081 0410112020 04/0112021 X PER OTH- AND EMPLOYERS'LIABILITYIER ANY PROPRIETORIPARTNERJEXECUTIVE YIN Alaska E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N 1 A --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Leased Rented MAC613367220 4/01/2020 04/0112021 $250,000 Limit Equipment $2,500 Dad Scheduled E ui t See Below DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES JACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The General Liability,Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract between the named insured and the entity that requires such status. RE: Evidence of Insurance Coverages and Endorsements. CERTIFICATE HOLDER CANCELLATION Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1968-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4083490IM4078866 281 JMT00 POLICY NUMBER: 1000065528191 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Dame Of Additional Insured Person(s)Or Organization s): Location(s)Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these additional insureds, the following is added to insured only applies to the extent permitted by Section III-Limits Of Insurance: law; and 2. a coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay an behalf of the additional insured is the insurance afforded to such additional insured will not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement;or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less, exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 282 POLICY NUMBER: 1000065528191 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or "Bodily injury", "property damage" or "personal agreement that such person or organization be and advertising injury" arising out of the added as an additional insured on your policy. rendering of, or the failure to render, any Such person or organization is an additional professional architectural, engineering or insured only with respect to liability for bodily surveying services,including: injury", "property damage' or personal and advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; in the performance of your ongoing specifications; or operations for the additional insured. b. Supervisory, inspection, architectural or However, the insurance afforded to such additional engineering activities. insured: This exclusion applies even if the claims against 1. Only applies to the extent permitted by law; and any insured allege negligence or other wrongdoing 2. Will not be broader than that which you are in the supervision, hiring, employment, training or required by the contract or agreement to monitoring of others by that insured, if the provide for such additional insured. "occurrence" which caused the "bodily injury" or A person's or organization's status as an additional "property damage", or the offense which caused insured under this endorsement ends when your the "personal and advertising injury", involved the operations for that additional insured are rendering of or the failure to render any completed. professional architectural, engineering or surveying services. CG 20 33 04 13 ©Insurance Services Office, Inc., 2012 page 1 of 2 283 2. "Bodily injury" or "property damage" occurring same project. after: C. With respect to the insurance afforded to these a. All work, including materials, parts or additional insureds, the following is added to equipment furnished in connection with Section III•Limits Of Insurance: such work, on the project (other than The most we will pay on behalf of the additional service, maintenance or repairs) to be insured is the amount of insurance: performed by or on behalf of the additional 1. Required by the contract or agreement you insured(s) at the location of the covered have entered into with the additional insured; or operations has been completed; or 2. Available under the applicable Limits of b. That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the applicable subcontractor engaged in performing Limits of Insurance shown in the Declarations. operations for a principal as a part of the Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 33 0413 284 POLICY NUMBER: 1000065528191 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organizations : Operations Where Required By Written Contract Where Required By Written Contract information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person(s) or provide for such additional insured. organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement,the most we in the"products-completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance: 1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2. Available under the applicable Limits of law; and Insurance shown in the Declarations; 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. will not be broader than that which you are CG 20 37 04 13 ©insurance Services Office, Inc., 2012 Page 1 of 1 285 t Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Noncontributory, Additional Insured and Waiver of Subrogation Policy Number: 1000065528191 Effective Date: April 1, 2019 at 12:01 A.M. Named Insured: Coldfoot Environmental Services, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsementand respective policy(ies)carefully. Commercial General Liability Coverage Farm Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A. SECTION 11 -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of"your work"for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. All other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY w r r Charles H. Dangelo, President Nehemiah E. Ginsburg, Generai'Counsel 5L 023(001 Page 1 of 1 Copyright©C.V.Starr&Company and Starr Surplus Lines Insurance Company All rights reserved. Includes copyrighted material of ISO Prg'18@ies,Inc.,used with its perml5sion. _ Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Amendment of Limits of Insurance (Per Project or Per Location Aggregate Limit) Policy Number: 1000065528191 Effective Date: April 1 , 2019 at 12:01 A.M. Named Insured: Coldfoot Environmental Services, Inc. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: 1. [X] Per Project General Aggregate Limit $2,000,000 [ ] Per Location General Aggregate Limit [ ] Per Project and Per Location General Aggregate Limit 2. [ ] Overall Policy Aggregate Limit II. SECTION III—LIMITS OF INSURANCE, is amended to include the following: 1.The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought;or c. Persons or organizations making claims or bringing"suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage"included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. Persons or organizations making claims or bringing "suits". 4. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 5. Subject to 2 above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 6. Subject to 2 or 3 above, whichever applies, the Each Occurrence Limit is the most we SL 739 AK(07111) Page 1 of 3 Copyright©C.V.Start&Company and Starr Surplus s,Insurance Company. All rights reserved. Includes copyrighted material of ISO Prope /Inc.,used with Its permisslon. h Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury"and"property damage"arising out of any one"occurrence". 7. Subject to 5 above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A because of"property damage" to any one premises,while rented to you, or in the case of damage by fire,while rented to you or temporarily occupied by you with permission by the owner. 8.Subject to 5 above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. 9. Subject to 2,4, 5, 6, and/or 7 above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. 10. Subject to 2, 4, 5, 6, and/or 7 above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: d. Damages under Coverage A; e. Damages under Coverage B; and. f. Medical expenses under Coverage C arising out of the any single Location described above. 11. The Overall Policy Aggregate is the most we will pay in any policy period regardless of number of projects or locations. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $2,000.000 Each Occurrence Limit $1,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Personal &Advertising Injury Limit $1,000,000 Damage to Premises Rented to You $50,000 Medical Expense Limit $5,000 Overall Policy Aggregate Limit Capped At $10,000,000 IV. SECTION V—DEFINITIONS: is amended to include the following: SL 739 AK(07111) Page 2 of 3 Copyright©C.V.Starr&Company and Starr Surplus s insurance Company.All rights reserved. e e Includes copyrighted material of ISO Props,Inc.,used with Its permission. * Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 23. "Location" means premises involving the same or connecting lots,or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. Ali other terms and conditions of this Policy remain unchanged. Signed for STARR SURPLUS LINES INSURANCE COMPANY Charles H. Da Belo, President Nehemiah E. Ginsburg, GeneraVCounsel SL 739 AK(07/11) Page 3 of 3 Copyright@ C.V.Starr&Company and Starr Surplus Lines Insurance Company,All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission, 289 License#:CONE28218 STATE OF ALASKA Effective: 1 2/2 212 0 1 2/2018 8 Expires: 12/31/2020 Department of Commerce, Community,and Economic Development Division of Corporations, Business,and Professional Licensing Regulation of Construction Contractors and Home Inspectors Licensee: COLDFOOT ENVIRONMENTAL SERVICES INC License Type: General Contractor Without Residential Contractor Endorsement Status: Active Doing Business As: COLDFOOT ENVIRONMENTAL SERVICES INC Note:6/19/06 UPGRADED FROM SPECIALTY TO GENERAL CONTRACTOR WITH LIMITED RESIDENTIAL Commissioner: Julie Anderson Relationships Designations Relationfype License# LicenseType OwnerslEnlities NamesIDBA Type Group No relationships found. No designations found Wollcl('lnd State oI Alaskil DepaillilvN U[Coolllwlec,Cllllllnlollty w(I Fcollonlic Devehlpnlenl Division oworporlhons,[lusmos,and 11rol6sional Licensult; Regulation of Construction Contractors and Home Inspectors COLDFOOT ENVIRONMENTAL SERVICES INC DI3A COLDFOOT ENVIRONMENTAL SERVICES INC As General Contractor Wthout Residential Contractor Endorsement COLDFOOT ENVIRONMENTAL SERVICES 6670 Wes Way 1.iecn�c Isifrcli�c t:cpires Anchorage, AK 99518-1575 CQ,NE28218 12122/2018 12/31/2020 290 $ $ K , j 3 J � ■ b § z � 0 2 U) p w � \ U = sE 7 e ° 2g a 2 ( / 7 2 S � / / \ (D \ LLJ ƒ / ui 7 * (D/ ` cn & .. & 0 2 2 / \ % / ) \ m g0 » a J S 3 E } a R - \ < w � /�IL ° ° k ® \ .c\ E 0 / f£ 2 / \ ( \ / \ \ / ƒ © 2\ \ _ § c 2 2 - R � ® / / \ Z / } 0 / � \ k\ \ § ® \ / 0 } \ ^ t ~ \» ± o s QLU E �/ k42: 0 E � j > co \ / c: ( m\ L) \ / Z w \ 2 \� \ � + % $ = m co § / /o / 2 ( 0co / \ § e E 2 o LL 2 § ° $§ § - o \f } f 2E o < [ \ E e \ .2E 2 � \ B { Q \/ 2 � F06 291 « �\ ,/ . . . Ct L C' r r c'3 r y r� /J, 00 , ,c r 00 N Z O + U z m U) 00 z W LO WL w+ ❑ O � J c � z W Q N O rn 4 W V? w U U p U L 0 Q o cn °- O CD Q o .� c OC W C� Q � (U ~ E z Q E � 00 > — �— a z ao z W W 0 ~ t� O o O o LL O y 4 N U m N_ J � W a N U. U) Z m CC z c u1 r Z 292 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page CALL TO ORDER The August 10,2020 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Sharyl Seese John Osenga Tony Baclaan (telephonically at 7:03 p.m.) Dale Butts Julie Crites (telephonically) comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (CO VID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Lori Landstrom fully supported the proposed amendments for Resolution 2020-057 Hoops for Seward. She thought a refurbished basketball court,even possibly a multi-use court,was a great idea for Seward. The fact that this was a project driven by young people was fabulous. She encouraged the city to support this project in concept, as well as with a $30,000 funding contribution. Kim Reierson put herself forward as a volunteer for the CARES Act non-profit review committee. She was currently president of the Seward Community Foundation, and thought her experience with that would provide value to the committee. 293 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Tara Reimer(telephonically)was president and CEO of the Alaska SeaLife Center(ASLC), and was pleased to report that they had already raised$1.3 million of unrestricted donations towards their commitment; this was the commitment the ASLC had made to the city in order to receive a contribution from the CARES Act funding of$500,000 from the city. The ASLC would continue fundraising until they met their stated goal of $2 million. Reimer said the Seward Community Foundation was sponsoring a special match program in which they would donate$25 for each of the next 100 new memberships from Seward and Moose Pass residents;as well,those 100 memberships would be eligible for some prize drawings. Cindy Ecklund supported Hoops for Seward and wanted the city to provide financial support, as well as equipment and staff, as much as possible. She thought it was remarkable that the young people in town had already raised so much money toward the project on their own. Christiana Smith was cautiously in favor of supporting the basketball court project, and wished there was more documentation provided to clarify the costs and project. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda McClure removed the letter of resignation from Council Member Dale Butts from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-062, Authorizing The City Manager To Enter Into An Agreement With Harmon Construction Not To Exceed $145,500 For The Purpose Of Sidewalk Repairs, And Appropriating Funds. Resolution 2020-063, Approving The City Of Seward's Participation In A Proposed Refinancing By The Alaska Municipal Bond Bank Of Its General Obligation Bonds That Provided Funds To Purchase The General Obligation Library/Museum Bonds,2011 Series A Of The City Of Seward, Under A Loan Agreement Between The City Of Seward And The Alaska Municipal Bond Bank; And Authorizing The City Of Seward City Manager, Or Designee, To Approve A Revised Schedule Of Principal And Interest Payments On The City Of Seward's 2011A Bonds, In Accordance With The Loan Agreement, If The Bond Bank Successfully Refinances Its Bonds. Approval of the July 27,2020 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards 294 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Recognizing Hugh & Iris Darling for Lifetime Achievement Stewardship Recognizing Iris Darling for Seward Historic Preservation Award Recognizing Iris Darling for her service on the Historic Preservation Commission Gary Knopp In Memorium Borough Assembly Report. Kenn Carpenter did not provide a report. McClure said there would be a referendum on the borough ballot in October for the vote by mail hybrid proposition. She recalled that the Borough Assembly had passed the resolution to adopt a vote by mail hybrid, the Borough Mayor vetoed it,then the assembly overturned the mayor's veto; now there was a referendum. She cautioned everyone to pay attention to the way the proposition was worded, because it could be confusing. City Manager Report.Acting City Manager Norm Regis reported the following purchase orders between $5,000 and $30,000 had been approved by the City Manager since the last council meeting: $26,000 for upgrade automatic transfer switch between the generator,fire station,and city hall for Fire; $24,500 for transformers for Electric; and$74,000 for the city-wide server upgrade per Resolution 2020-060 for MIS. Butts asked for an update on the Silver Salmon Derby. Regis said the fish were reportedly a little slow coming in, and the current leader was 11.51 pounds. Butts asked for an update on the G, K, and L Floats timeline. Regis said he had applied for the facility grant program with the state, but the awards would not be announced until October. Regis said the dumpsters were being offloaded from the barge today. He encouraged everyone to please complete the census. Terry wanted to see some ideas generated to fill some of the positions that had been vacant for so long. Regis said the Harbor Administrative Assistant position had been offered to someone, but was suspended until possibly September to allow the individual to complete some pre-planned travel. Police Lieutenant Alan Nickell said there were some recruit possibilities for the Police Department,but to hire now would not be ideal because the recruit would have to wait to attend the police academy in the spring. At the start of the new year, Nickell would pursue hiring. Regarding the open positions in the jail,Nickell said he had had some applicants, but they were put off by the amount of paperwork required for hiring. Nickell said there was also a conditional offer out right now for the dispatch position. Regis said the new Building/Fire Inspector position had been filled with an employee from the harbor, so now the harbor would have an opening. Regarding the Seward CARES Act Relief Fund, Terry reminded everyone that applications would be due by Monday, August 17, 2020 at 5:00 p.m. 295 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Terry said the Heat Loop Project was at a point where a work session would be helpful, and scheduled it on August 19, 2020 at 6:30 p.m. with a consensus from council. Other Reports and Announcements —None Presentations —None PUBLIC HEARINGS —None UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 2020-057,Authorizing Support For Hoops For Seward To Pursue Private, State, And Federal Funding For Remodeling Forest Acres Basketball Court. This item was postponed .from July 27, 2020. Parks & Recreation Director Tyler Florence said the total project cost would be approximately$60,000 and would include an asphalt repave,painted lines,backboards with hoops, and some benches. Primary Motion to Amend (Baclaan/Terry) Amend Resolution 2020-057 by adding the words, "providing a contribution of $30,000 from the city, and appropriating funds" to the end of the title, striking the words, "and is not a commitment to provide any financial or other support" from the last Whereas, and adding a new Section 3 that reads, "Funding in the amount of $30,000 is hereby transferred from the Parking Fund unassigned fund balance account no. 13000-0-3710-0-01000 and appropriated to Mayor and Council contingency account no.01000-1110-7807." and moving all other Sections down. Regis said there was a concern from administration over moving Enterprise Funds into the General Fund,and suggested that the funds come instead from the TYC Council Fund.Regis said the TYC Council had raised that money for their own use, and because the basketball court served that population of youth, the funds could be put to that use. Secondary Motion to Amend (Butts/McClure) Amend Resolution 2020-057 in Section 3 by striking the words "Parking Fund unassigned fund balance" and replacing it 296 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page with"TYC Council Fund",and adding the words,"towards Hoops for Seward."at the end of the sentence. Terry said it would be nice to have a small plaque installed at the basketball court to recognize the TYC Council for their financial contribution. Secondary Motion to Amend Passed Unanimous Baclaan thanked Max Pfeiffenberger for his initiative to start this project,and all the people who have supported him and contributed funds towards the project. Primary Motion to Amend Passed Unanimous Florence thanked Max Pfeiffenberger, Hoops for Seward, and the Parks & Recreation Department staff for all their work. Terry said the future of Seward was bright when there were so many young people who were motivated to initiate projects like this for the good of everyone. Main Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2020-061,Appointing a CARES Act Grant Review Committee For The Purpose Of Awarding Authorized Disbursements To Qualifying Seward Area Non-Profit Organizations. Motion (McClure/Seese) Approve Resolution 2020-061 Regis said he wanted to move this process along, and had reached out to some community members last week to see if they were interested;he asked some people to send an email to the clerk if they wanted to be appointed. Motion to Amend (Terry/McClure) Amend Resolution 2020-061 in the 61b Whereas by striking the words "Chamber of Commerce Director" and change the number of Community Members from one to two. Terry explained that Chamber of Commerce Director Jason Bickling had reached out to her and requested to be removed from the committee to avoid even the appearance of apotential conflict of interest. 297 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Motion to Amend Passed Unanimous Terry nominated Vice Mayor McClure to be on the committee with no objection from council. McClure accepted the appointment. Terry said there had been three people form the community who sent an email:Hillary Bean, Kim Reierson, and Clare Sullivan. Baclaan supported all three of those candidates, as did Seese. McClure wanted to make sure that if any representative on the committee was involved with a non-profit, they should recuse themselves from reviewing or voting on that organization's application. All members of council agreed with that expectation. Motion to Amend (Terry/Seese) Amend Resolution 2020-061 in the 6tb Whereas by adding the names of the committee members so it reads, "...comprised of Business Owner Hillary Bean, Kenai Peninsula Economic Development District Director Tim Dillon, Vice Mayor Sue McClure,and Community Members Kim Reierson and Clare Sullivan." Motion to Amend Passed Unanimous Main Motion Passed Unanimous Accept the letter of resignation from Council Member Dale Butts,and direct the city clerk to solicit interest from qualified residents for appointment to fill the vacancy with a deadline of October 16,2020 at 5:00 p.m. In response to Terry, City Clerk Brenda Ballou explained that the vacancy left from Butts' resignation would be filled by council appointment at the October 26,2020 meeting;once filled,the organization of council would continue. Motion to Approve (Terry/Seese) Accept the letter of resignation from Council Member Dale Butts, and direct the city clerk to solicit interest from qualified residents for appointment to fill the vacancy with a deadline of October 16, 2020 at 5:00 p.m. Baclaan wondered when the appointment of vice mayor would be done in relation to filling the vacancy.In response,Ballou said the vacancy would be filled first and then the vice mayor would be selected. 298 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS City Clerk's Report on Public Records Requests through August 4, 2020. Proclamation for American Wind Week. CITIZEN COMMENTS The City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Dale Butts thanked Max Pfeiffenberger for his work on Hoops for Seward,and was happy to have remained on council long enough to be able to vote in support of that resolution. He was sorry to Hugh and Iris Darling for not being able to have more fanfare for their recognition tonight because their contributions deserved more. Take the census. He wanted to thank so many people in Seward who had touched his life, and said the difference between an ordeal and an adventure was your attitude. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis thanked everyone for volunteering for the CARES Act Review Committee.He thanked finance for finding a good solution to fund the basketball court. He was proud of everyone who stepped up to help the ASLC. Crites was excited to hear the ASLC fundraising results. To Butts, she said the community and council would miss him. Baclaan thanked Max Pfeiffenberger for his hard work; Max put together a budget and organized the project, and it was very inspiring to see a young person to take such an active role in the community.He thanked everyone for the CARES Act Review Committee,as well as the chamber staff for their work.He appreciated administration for working with Hoops for Seward.Baclaan said Butts would be missed, and he thanked him for his service. Osenga thanked the volunteers for CARES Act Review Committee.He was happy to see the Darlings be recognized for their contributions. He congratulated the ASLC and Hoops for Seward. Osenga was excited for Butts and his family, and wished him the best of luck. Take the census. 299 City of Seward,Alaska City Council Minutes August 10, 2020 Volume 41,Page Seese thanked the CARES Act Review Committee volunteers.Take the census. She had been working on registering people to vote and had gotten eight individuals to register. She wished Butts and his family the best of luck. McClure was sad to see Butts go. She congratulated the Darlings for their achievements. She was very pleased with the basketball court resolution,and was overwhelmed with excitement for the ASLC. Terry encouraged everyone to fish the Silver Salmon Derby,and thanked the chamber staff, all the charter boats, and the volunteers. She said great job to Hoops for Seward. Terry encouraged everyone to submit applications for CARES Act funding. She announced the USCG Cutter Healy was in town,but due to COVID restrictions,there would be no tours provided. Terry thanked Butts for his service and said this had been the second time they had served together;it had been an honor to serve with him. Take the census by calling 1-800-330-2020 or www.2020census.gov; it was important for federal funding and school funding. ADJOURNMENT The meeting was adjourned at 8:18 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 300 6 Alaska_ Seal-ife Center, Katrina L. Counihan, Ph.D. RECEIVED PO Box 1329 AUG 1 4 2020 Seward, AK 99664 907-491-0827 OPPICE of rr�E katrinacgalaskasealife.or CITY CLERK August 14, 2020 Seward City Council PO Box 167 Seward, AK 99664 Dear Ms. Ballou: I would like to express my interest in serving as the City of Seward's representative on the Cook Inlet Aquaculture Association(CIAA) Board of Directors. I have been involved in marine research for the past 15 years, and I believe my experience makes me an excellent fit for this position. I am currently an Assistant Research Scientist at the Alaska SeaLife Center where I have worked for the past 9 years. Prior to that I was a Graduate Student Researcher at the University of California, Davis where I received a PhD in Microbiology. My research focuses on microbiology, toxicology, and environmental monitoring. A lot of my research involves developing better methods to monitor remote Alaskan coasts and evaluating how events such as oil spills and environmental change impact coastal ecosystems. I have collaborated with scientists from the National Park Service, US Geological Survey, and US Coast Guard on projects designed to assist those federal agencies in making management decisions. I have also worked with Alutiiq Pride Shellfish Hatchery and Pacific Seafood to develop projects aimed at improving aquaculture techniques. I would enjoy the opportunity to apply my experience to this position and to serve Seward and the CIAA. Thank you for your consideration. Sincerely, fsl Katrina L. Counihan, Ph.D. 301 RaiNay Avenue • P.O. Pox 1329 • Seward, Alaska 896631 Phone (907) 221-6300 • Fax (907) 224-6320 NVWW.alaskasealife.org 301 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM Cit of Seward Page: 1 Meral Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 4000 Tax Revenue-Sales 134,492 1,342,964 5,523,175 1,342,964 24.32 4010 Tax Revenue-Real Property 167,387 199,529 1,045,425 199,529 19.09 4011 Tax Revenue-Personal Property 36,658 53,273 405,000 53,273 13.15 4012 Tax Revenue-Motor vehicle 2,978 11,688 25,000 11,688 46.75 4020 Hotel/Motel Room Tax 31,201 56,185 644,000 56,185 8.72 4030 Payments in Lieu of Tax 8,534 11,783 125,000 11,783 9.43 4031 Contra Payments in Lieu of Tax 0 0 (62,500) 0 0.00 4040 Penalties and Interest on Taxes 5 1,450 1,500 1,450 96.68 4100 Building Permits 7,055 29,893 40,800 29,893 73.27 4101 Permits-Taxi 93 542 1,100 542 49.30 4102 DMV-Drivers License 1,595 12,553 19,000 12,553 66.07 4103 DMV-Motor Vehicles 4,133 27,157 58,000 27,157 46.82 4104 Animal Control Licenses 5 175 200 175 87.50 4105 Business License 780 12,150 21,000 12,150 57.86 4106 License and Permits-Misc 284 2,456 3,500 2,456 70.18 4107 Inspection Fees 94 1,363 0 1,363 0.00 4202 Jail Contract 0 184,476 350,000 184,476 52.71 4203 Dispatch Contract w/State of AK 0 18,000 36,000 18,000 50.00 4204 KPB 911 Dispatch 0 26,400 52,800 26,400 50.00 4205 Alaska Liquor Tax 0 0 16,000 0 0.00 4206 Alaska Raw Fish Tax 0 0 400,000 0 0.00 4207 Fisheries Resource Landing Tax 0 869 2,500 869 34.76 4251 Grant Revenue-Federal Grants 0 6,959 2,721 6,959 255.77 4252 Grant Revenue-State Grants 0 0 5,709 0 0.00 4300Admin.Exp.-Jail 9,175 64,227 110,103 64,227 58.33 4301 Admin Exp.-Harbor 30,818 215,729 369,820 215,729 58.33 4302 Admin.Exp.-SMIC 8,226 57,580 98,710 57,580 58.33 4303 Admin.Exp.-Parking Fund 961 6,730 11,537 6,730 58.33 4304 Admin.Exp.-Electric 80,396 562,769 964,745 562,769 58.33 4305 Admin.Exp.-Water 22,179 155,252 266,147 155,252 58.33 4306 Admin.Exp.-Sewer 13,544 94,811 162,533 94,811 58.33 4307 Copying Fees 315 1,832 7,000 1,832 26.17 4308 Sales Tax Credit 1,000 2,000 4,000 2,000 50.00 4309 Zoning Fees 28 1,335 1,500 1,335 88.97 4320 Misc Dog Fees 125 425 600 425 70.83 4322 Miscellaneous Dispatching 833 5,833 10,000 5,833 58.33 4323 Miscellaneous Police Fees 150 1,200 2,500 1,200 48.00 4331 Shop Work Orders 35 840 2,000 840 42.01 4340 P&R:Public Use Fees 0 0 1,300 0 0.00 4341 P&R:Punchard Fees 0 2,084 8,000 2,084 26.05 4342 P&R:Class Registrations 0 2,983 42,000 2,983 7.10 4343 P&R:Facility Rental 0 3,857 6,000 3,857 64.29 4344 P&R:Tournaments 0 514 1,700 514 30.24 4345 P&R:Special Events 0 3,482 19,100 3,482 18.23 4347 P&R:Shower Fees 2,891 5,330 18,000 5,330 29.61 4348 P&R:Rock Wall Fees 0 110 250 110 44.12 4349 P&R:Pavilion Fees 41 1,407 7,000 1,407 20.09 4350 P&R:Camping Fees 64,425 330,996 505,000 330,996 65.54 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM Cit of Seward Page: 2 Meral Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget 4351 P&R:Camping w/Utilities 56,841 115,465 330,000 115,465 34.99 4352 P&R:RV Dump Station 3,350 9,037 16,000 9,037 56.48 4353 P&R:Misc Revenue 0 48 600 48 7.95 4356 P&R:Cemetery Plot Fees 0 0 500 0 0.00 4370 Library Service Revenue 0 1,450 15,000 1,450 9.66 4371 Library Circulation Revenue 0 539 4,000 539 13.46 4373 Museum Admissions 0 0 12,000 0 0.00 4380 Land Rents&Leases 3,950 25,650 41,900 25,650 61.22 4382 Jail Facility Rental 2,500 17,500 30,000 17,500 58.33 4383 Municipal Building Rent 0 65,000 42,826 65,000 151.78 4400 Fines and Bails 514 3,839 17,000 3,839 22.58 4500 GF Interest on Investments 26,901 781,592 70,000 781,592 1,116.56 4501 GF Penalties&Interest 0 550 1,500 550 36.66 4611 Gravel Sales 0 25,137 0 25,137 0.00 4620 Franchise Fee-Refuse 6,341 11,462 17,500 11,462 65.50 4630 City Clerk Fees 60 153 0 153 0.00 4639 Misc Service Fees 3,625 3,984 0 3,984 0.00 5899 Miscellaneous Revenue 0 45 0 45 0.00 Total Revenues $ 734,518 $ 4,582,642 $ 11,934,301 $ 4,582,642 $ 38.40 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 1 General Fund g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 279,374 1,932,878 4,242,586 2,309,708 45.56 6001 Overtime 18,852 118,112 201,858 83,746 58.51 6002 Standby Time 0 4,404 7,969 3,565 55.27 6100 Medicare 6,640 40,059 92,369 52,310 43.37 6101 Unemployment Insurance 0 3,172 14,900 11,728 21.29 6102 Workers'Compensation 13,285 103,033 245,438 142,405 41.98 6200 Leave Time 23,327 195,029 394,305 199,276 49.46 6201 Retirement Benefits 61,129 438,614 955,083 516,469 45.92 6202 Health Insurance 128,341 924,326 2,108,306 1,183,980 43.84 6209 PIERS DC Forfeitures (1,517) (2,713) 0 2,713 0.00 Total Personnel Costs: $ 529,431 $ 3,756,914 $ 8,262,814 $ 4,505,900 $ 45.47 Non-Personnel Costs: 7000 Audit 0 106,243 115,000 8,758 92.38 7001 Communications 9,955 78,821 118,528 39,707 66.50 7002 Postage and Freight 125 15,070 37,017 21,947 40.71 7003 Banking&Credit Card Fees 13,234 36,592 47,600 11,008 76.87 7004Insurance 0 135,149 244,360 109,211 55.31 7006 Legal 22,604 109,965 80,000 (29,965) 137.46 7009 Contracted Services 22,357 250,952 581,374 330,422 43.17 7010 Engineering 258 258 45,000 44,742 0.57 7011 Testing 0 72 6,952 6,880 1.04 7012 Other Special Services 16,258 27,152 31,900 4,748 85.12 7013 State Lobbying Fees 8,042 50,294 90,000 39,706 55.88 7014 Federal Lobbying Fees 7,667 53,669 95,000 41,331 56.49 7015 Utilities 48,910 302,298 581,501 279,203 51.99 7016 Heating Fuel 338 37,850 62,516 24,666 60.54 7017 Rents&Leases 2,500 23,916 98,500 74,584 24.28 7201 Library Books 819 1,475 10,000 8,525 14.75 7202 Library Periodicals 0 2,113 3,000 887 70.42 7203 Library Standing Orders 0 0 4,000 4,000 0.00 7204 Library Non-Print 0 0 4,000 4,000 0.00 7205 Library Electronic Materials 2,306 2,306 4,500 2,194 51.25 7208 Museum Collection Supplies 0 0 1,200 1,200 0.00 7210 Vehicle Supplies (702) 1,529 7,441 5,912 20.55 7211 Gas&Lube 1,774 37,901 98,268 60,367 38.57 7212 Uniform Allowance 399 6,048 15,000 8,952 40.32 7213 Safety Equipment 0 1,451 11,050 9,599 13.13 7214 Janitorial Supplies 0 904 17,500 16,596 5.16 7215 Operating Supplies 12,445 170,599 326,549 155,950 52.24 7216 Maintenance&Repair 2,781 78,080 224,600 146,520 34.76 7217 Small Tools&Equipment 4,975 38,932 140,045 101,113 27.80 7218Inmate Meals 258 6,330 9,000 2,670 70.33 7300Advertising 2,191 14,096 39,868 25,772 35.36 7301 Subscriptions&Dues 510 33,221 51,476 18,255 64.54 7302 Travel&Subsistence 1,053 34,192 116,915 82,723 29.25 7303 Education&Training 1,819 26,822 72,301 45,479 37.10 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 2 General Fund g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget 7304 Equipment Rent 0 437 40,253 39,816 1.08 7307 GF Administrative Fee 9,175 64,227 110,103 45,876 58.33 7800 Sister City Program 0 150 6,250 6,100 2.40 7801 Contributions to Chamber 139,016 278,032 278,032 0 100.00 7802 Contributions to Senior Citizens 0 80,000 80,000 0 100.00 7803 Contributions to B&G Club 0 25,000 25,000 0 100.00 7804 Elections 0 0 4,000 4,000 0.00 7805 Promotion 2,500 2,820 10,000 7,180 28.20 7806 Volunteer Fireman Stipend 2,500 25,500 38,000 12,500 67.11 7807 Contingency 2,500 3,640 6,000 2,360 60.67 7810 Miscellaneous Expense 60 4,417 25,700 21,283 17.19 7811 Miscellaneous Programs 0 350 0 (350) 0.00 8012 Debt Service Interest Expense 0 118,603 234,581 115,978 50.56 8103 Capital Equipment 4,498 18,582 2,750 (15,832) 675.72 8104 Motor Pool Rent 23,750 166,250 285,000 118,750 58.33 8300 Debt Service Principal 0 105,000 220,000 115,000 47.73 Total Non-Personnel Costs: $ 366,875 $ 2,577,308 $ 4,757,630 $ 2,180,322 $ 54.17 Total Expenditures $ 896,306 $ 6,334,222 $ 13,020,444 $ 6,686,222 $ 48.65 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 2 General Fund Mayor and Council For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 9,000.00 18,000 9,000 50.00 6100 Medicare 0.00 688.50 1,377 689 50.00 6102 Workers'Compensation 0.00 0.00 149 149 0.00 Total Personnel Costs: $ 0.00 $ 9,688.50 $ 19,526 $ 9,838 $ 49.62 Non-Personnel Costs: 7000 Audit 0.00 106,242.50 115,000 8,758 92.38 7001 Communications 993.27 3,721.27 5,500 1,779 67.66 7002 Postage and Freight 99.40 738.71 1,500 761 49.25 7004Insurance 0.00 242.13 500 258 48.43 7013 State Lobbying Fees 8,042.00 50,294.00 90,000 39,706 55.88 7014 Federal Lobbying Fees 7,667.00 53,669.00 95,000 41,331 56.49 7215 Operating Supplies 87.29 2,874.58 7,500 4,625 38.33 7217 Small Tools&Equipment 0.00 11,870.52 23,000 11,129 51.61 7300Advertising 1,774.50 8,872.50 20,000 11,128 44.36 7301 Subscriptions&Dues 0.00 65.42 3,600 3,535 1.82 7302 Travel&Subsistence 0.00 4,848.87 18,000 13,151 26.94 7303 Education&Training 0.00 300.00 2,000 1,700 15.00 7800 Sister City Program 0.00 149.98 6,250 6,100 2.40 7805 Promotion 2,500.00 2,820.00 6,000 3,180 47.00 7807 Contingency 0.00 1,140.00 2,000 860 57.00 Total Non-Personnel Costs: $ 21,163.46 $ 247,849.48 $ 395,850 $ 148,001 $ 62.61 Total Expenditures $ 21,163.46 $ 257,537.98 $ 415,376 $ 157,839 $ 62.00 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 3 General Fund Legislative Boards &Commissions For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 1,218.68 9,507.06 34,755 25,248 27.35 6001 Overtime 0.00 96.09 0 (96) 0.00 6100 Medicare 18.35 146.42 504 358 29.05 6102 Workers'Compensation 8.13 79.21 291 212 27.22 6201 Retirement Benefits 250.55 2,057.13 1,821 (236) 112.97 6202 Health Insurance 656.75 5,206.47 18,539 13,333 28.08 Total Personnel Costs: $ 2,152.46 $ 17,092.38 $ 55,910 $ 38,819 $ 30.57 Non-Personnel Costs: 7002 Postage and Freight 0.00 17.00 104 87 16.35 7004Insurance 0.00 155.69 624 468 24.95 7215 Operating Supplies 0.00 824.58 2,156 1,331 38.25 7301 Subscriptions&Dues 0.00 0.00 208 208 0.00 7302 Travel&Subsistence 0.00 576.00 6,000 5,424 9.60 7303 Education&Training 0.00 2,251.72 4,000 1,748 56.29 Total Non-Personnel Costs: $ 0.00 $ 3,824.99 $ 13,092 $ 9,266 $ 29.22 Total Expenditures $ 2,152.46 $ 20,917.37 $ 69,002 $ 48,085 $ 30.31 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 4 General Fund Legal g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7006 Legal 22,604.22 109,964.59 80,000 (29,965) 137.46 Total Non-Personnel Costs: $ 22,604.22 $ 109,964.59 $ 80,000 $ (29,965) $ 137.46 Total Expenditures $ 22,604.22 $ 109,964.59 $ 80,000 $ (29,965) $ 137.46 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 5 General Fund City Clerk For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 10,529.58 77,248.54 165,000 87,751 46.82 6001 Overtime 160.15 912.87 18,000 17,087 5.07 6100 Medicare 168.33 1,200.72 2,145 944 55.98 6102 Workers'Compensation 70.14 640.00 1,228 588 52.12 6200 Leave Time 1,264.61 8,384.11 16,721 8,337 50.14 6201 Retirement Benefits 2,001.58 14,661.22 7,678 (6,983) 190.95 6202 Health Insurance 6,786.29 48,977.33 83,430 34,453 58.70 Total Personnel Costs: $ 20,980.68 $ 152,024.79 $ 294,202 $ 142,177 $ 51.67 Non-Personnel Costs: 7004Insurance 0.00 1,794.08 3,200 1,406 56.07 7009 Contracted Services 0.00 9,930.48 21,050 11,120 47.18 7301 Subscriptions&Dues 0.00 280.00 700 420 40.00 7302 Travel&Subsistence 0.00 1,519.23 5,000 3,481 30.38 7303 Education&Training 0.00 949.00 2,500 1,551 37.96 7304 Equipment Rent 0.00 0.00 1,000 1,000 0.00 7804 Elections 0.00 0.00 4,000 4,000 0.00 Total Non-Personnel Costs: $ 0.00 $ 14,472.79 $ 37,450 $ 22,978 $ 38.65 Total Expenditures $ 20,980.68 $ 166,497.58 $ 331,652 $ 165,155 $ 50.20 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 6 General Fund City Manager g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 18,096.60 123,478.38 236,805 113,327 52.14 6100 Medicare 276.44 1,861.33 3,570 1,709 52.14 6101 Unemployment Insurance 0.00 2,432.00 0 (2,432) 0.00 6102 Workers'Compensation 123.82 990.67 2,043 1,052 48.49 6200 Leave Time 262.61 14,673.41 18,749 4,076 78.26 6201 Retirement Benefits 3,345.53 25,406.85 12,777 (12,630) 198.85 6202 Health Insurance 4,522.75 35,978.95 92,700 56,721 38.81 Total Personnel Costs: $ 26,627.75 $ 204,821.59 $ 366,644 $ 161,823 $ 55.86 Non-Personnel Costs: 7001 Communications 470.58 4,571.48 5,700 1,129 80.20 7002 Postage and Freight 2.00 46.55 500 453 9.31 7004Insurance 0.00 3,283.65 5,100 1,816 64.39 7009 Contracted Services 210.90 1,829.79 5,000 3,170 36.60 7011 Testing 0.00 7.99 0 (8) 0.00 7211 Gas&Lube 0.00 176.25 3,000 2,824 5.88 7215 Operating Supplies 160.92 2,579.14 7,000 4,421 36.84 7216 Maintenance&Repair 0.00 29.00 0 (29) 0.00 7217 Small Tools&Equipment 0.00 128.40 1,000 872 12.84 7300 Advertising 0.00 499.33 2,000 1,501 24.97 7301 Subscriptions&Dues 0.00 11,730.80 8,000 (3,731) 146.64 7302 Travel&Subsistence 855.06 8,397.43 8,000 (397) 104.97 7303 Education&Training 0.00 442.98 4,000 3,557 11.07 7805 Promotion 0.00 0.00 4,000 4,000 0.00 7807 Contingency 2,500.00 2,500.00 4,000 1,500 62.50 7810 Miscellaneous Expense 0.00 90.29 0 (90) 0.00 8104 Motor Pool Rent 448.11 3,136.77 4,500 1,363 69.71 Total Non-Personnel Costs: $ 4,647.57 $ 39,449.85 $ 61,800 $ 22,351 $ 63.83 Total Expenditures $ 31,275.32 $ 244,271.44 $ 428,444 $ 184,174 $ 57.01 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 7 General Fund MIS g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 14,838.40 106,224.62 186,194 79,969 57.05 6001 Overtime 0.00 112.08 0 (112) 0.00 6100 Medicare 230.74 1,685.77 2,842 1,156 59.32 6102 Workers'Compensation 100.34 869.19 1,627 758 53.42 6200 Leave Time 1,474.24 10,896.25 19,553 8,657 55.73 6201 Retirement Benefits 3,417.22 24,454.47 10,171 (14,283) 240.43 6202 Health Insurance 7,043.81 42,335.84 92,700 50,364 45.67 Total Personnel Costs: $ 27,104.75 $ 186,578.22 $ 313,087 $ 126,509 $ 59.59 Non-Personnel Costs: 7001 Communications 215.87 2,496.55 6,000 3,503 41.61 7002 Postage and Freight 0.00 79.00 500 421 15.80 7003 Bank and Credit Card Fees 0.00 0.55 0 (1) 0.00 7004Insurance 0.00 2,402.31 3,500 1,098 68.64 7009 Contracted Services 0.00 55.00 10,000 9,945 0.55 7211 Gas&Lube 0.00 39.52 0 (40) 0.00 7215 Operating Supplies (131.64) 16,935.41 23,000 6,065 73.63 7216 Maintenance&Repair 0.00 5,000.00 5,000 0 100.00 7217 Small Tools&Equipment 0.00 7,846.34 15,000 7,154 52.31 7301 Subscriptions&Dues 0.00 14,466.12 15,500 1,034 93.33 7302 Travel&Subsistence 0.00 120.84 3,500 3,379 3.45 7303 Education&Training 0.00 3,366.00 3,000 (366) 112.20 7810 Miscellaneous Expense 0.00 2.48 1,000 998 0.25 Total Non-Personnel Costs: $ 84.23 $ 52,810.12 $ 86,000 $ 33,190 $ 61.41 Total Expenditures $ 27,188.98 $ 239,388.34 $ 399,087 $ 159,699 $ 59.98 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 8 General Fund Community Development For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 13,794.08 77,598.21 159,248 81,650 48.73 6100 Medicare 199.62 1,168.94 2,440 1,271 47.91 6102 Workers'Compensation 84.55 623.93 1,396 772 44.69 6200 Leave Time 1,343.23 9,160.25 18,109 8,949 50.58 6201 Retirement Benefits 2,887.17 17,630.24 8,728 (8,902) 202.00 6202 Health Insurance 7,513.31 50,521.13 86,520 35,999 58.39 Total Personnel Costs: $ 25,821.96 $ 156,702.70 $ 276,441 $ 119,739 $ 56.69 Non-Personnel Costs: 7001 Communications 215.87 1,879.85 3,150 1,270 59.68 7002 Postage and Freight 61.75 1,827.00 500 (1,327) 365.40 7004Insurance 0.00 1,879.73 3,300 1,420 56.96 7009 Contracted Services 0.00 126.50 20,000 19,874 0.63 7211 Gas&Lube 0.00 25.61 0 (26) 0.00 7215 Operating Supplies 0.00 1,941.76 2,500 558 77.67 7216 Maintenance&Repair 0.00 0.00 2,000 2,000 0.00 7217 Small Tools&Equipment 0.00 192.21 17,500 17,308 1.10 7300 Advertising 254.00 254.00 0 (254) 0.00 7302 Travel&Subsistence 0.00 1,361.06 8,500 7,139 16.01 7303 Education&Training 0.00 (1.52) 3,500 3,502 (0.04) 7810 Miscellaneous Expense 0.00 0.00 500 500 0.00 Total Non-Personnel Costs: $ 531.62 $ 9,486.20 $ 61,450 $ 51,964 $ 15.44 Total Expenditures $ 26,353.58 $ 166,188.90 $ 337,891 $ 171,703 $ 49.18 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 9 General Fund Finance g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 24,410.41 199,730.28 445,386 245,656 44.84 6001 Overtime 43.50 2,762.34 3,966 1,204 69.65 6100 Medicare 517.75 4,437.86 7,754 3,316 57.23 6102 Workers'Compensation 167.35 1,700.47 4,151 2,451 40.97 6200 Leave Time 2,481.93 25,094.55 44,151 19,056 56.84 6201 Retirement Benefits 5,174.01 34,303.47 25,620 (8,683) 133.89 6202 Health Insurance 10,719.64 75,944.84 247,200 171,255 30.72 Total Personnel Costs: $ 43,514.59 $ 343,973.81 $ 778,228 $ 434,255 $ 44.20 Non-Personnel Costs: 7001 Communications 721.14 6,420.59 9,500 3,079 67.59 7002 Postage and Freight 142.30 1,066.95 2,500 1,433 42.68 7004Insurance 0.00 7,365.40 12,000 4,635 61.38 7009 Contracted Services 2,431.00 22,545.97 39,500 16,954 57.08 7011 Testing 0.00 0.00 300 300 0.00 7215 Operating Supplies 923.54 10,955.98 25,000 14,044 43.82 7216 Maintenance&Repair 0.00 1,500.00 18,000 16,500 8.33 7217 Small Tools&Equipment 2,745.01 3,877.61 4,500 622 86.17 7300 Advertising 0.00 593.60 2,900 2,306 20.47 7301 Subscriptions&Dues 50.00 425.00 2,500 2,075 17.00 7302 Travel&Subsistence 45.00 709.82 11,000 10,290 6.45 7303 Education&Training 0.00 0.00 5,000 5,000 0.00 7810 Miscellaneous Expense 0.02 0.02 1,000 1,000 0.00 Total Non-Personnel Costs: $ 7,058.01 $ 55,460.94 $ 133,700 $ 78,238 $ 41.48 Total Expenditures $ 50,572.60 $ 399,434.75 $ 911,928 $ 512,493 $ 43.80 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 10 General Fund General Services For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6101 Unemployment Insurance 0.00 0.00 10,000 10,000 0.00 Total Personnel Costs: $ 0.00 $ 0.00 $ 10,000 $ 10,000 $ 0.00 Non-Personnel Costs: 7001 Communications 452.53 2,536.28 2,500 (36) 101.45 7002 Postage and Freight (541.85) 6,276.21 5,000 (1,276) 125.52 7003 Bank and Credit Card Fees 251.85 4,584.67 20,000 15,415 22.92 7004Insurance 0.00 245.50 700 455 35.07 7009 Contracted Services 85.00 23,775.00 34,350 10,575 69.21 7010 Engineering 0.00 0.00 25,000 25,000 0.00 7215 Operating Supplies 297.35 (121.78) 2,500 2,622 (4.87) 7216 Maintenance&Repair 45.00 135.00 500 365 27.00 7301 Subscriptions&Dues 0.00 0.00 1,500 1,500 0.00 7810 Miscellaneous Expense 0.00 1,571.18 10,000 8,429 15.71 8103 Capital Equipment 4,498.38 4,498.38 0 (4,498) 0.00 Total Non-Personnel Costs: $ 5,088.26 $ 43,500.44 $ 102,050 $ 58,551 $ 42.63 Total Expenditures $ 5,088.26 $ 43,500.44 $ 112,050 $ 68,551 $ 38.82 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 11 General Fund General Services-Copier For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7215 Operating Supplies 0.00 394.08 1,800 1,406 21.89 7304 Equipment Rent 0.00 104.00 7,000 6,896 1.49 Total Non-Personnel Costs: $ 0.00 $ 498.08 $ 8,800 $ 8,302 $ 5.66 Total Expenditures $ 0.00 $ 498.08 $ 8,800 $ 8,302 $ 5.66 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 12 General Fund Contributions For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7801 Contributions to Chamber 139,016.00 278,032.00 278,032 0 100.00 7802 Contributions to Senior Citizens 0.00 80,000.00 80,000 0 100.00 7803 Contributions to B&G Club 0.00 25,000.00 25,000 0 100.00 Total Non-Personnel Costs: $ 139,016.00 $ 383,032.00 $ 383,032 $ 0 $ 100.00 Total Expenditures $ 139,016.00 $ 383,032.00 $ 383,032 $ 0 $ 100.00 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 13 General Fund Police g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 72,914.73 523,274.09 1,102,529 579,255 47.46 6001 Overtime 10,703.40 53,638.45 96,232 42,594 55.74 6100 Medicare 1,258.63 9,196.29 25,433 16,237 36.16 6102 Workers'Compensation 4,433.22 35,819.62 74,511 38,691 48.07 6200 Leave Time 7,276.98 60,963.40 116,636 55,673 52.27 6201 Retirement Benefits 13,307.12 94,161.40 65,242 (28,919) 144.33 6202 Health Insurance 37,299.76 270,877.67 556,200 285,322 48.70 Total Personnel Costs: $ 147,193.84 $ 1,047,930.92 $ 2,036,783 $ 988,853 $ 51.45 Non-Personnel Costs: 7001 Communications 1,713.16 13,622.11 20,000 6,378 68.11 7002 Postage and Freight 31.40 480.95 2,000 1,519 24.05 7003 Bank and Credit Card Fees 472.38 3,366.92 6,100 2,733 55.20 7004Insurance 0.00 41,686.47 80,000 38,314 52.11 7009 Contracted Services 199.55 57,307.29 61,424 4,117 93.30 7012 Other Special Services 10,976.92 19,394.41 3,300 (16,094) 587.71 7210 Vehicle Supplies 0.00 756.00 0 (756) 0.00 7211 Gas&Lube 325.15 8,244.03 19,000 10,756 43.39 7212 Uniform Allowance 0.00 0.00 5,000 5,000 0.00 7213 Safety Equipment 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 0.00 7,430.57 13,500 6,069 55.04 7216 Maintenance&Repair 0.00 9,982.18 33,000 23,018 30.25 7217 Small Tools&Equipment 0.00 0.00 6,000 6,000 0.00 7300 Advertising 0.00 235.20 2,000 1,765 11.76 7301 Subscriptions&Dues 0.00 444.21 6,000 5,556 7.40 7302 Travel&Subsistence 0.00 9,321.82 20,000 10,678 46.61 7303 Education&Training 1,818.98 15,919.73 25,000 9,080 63.68 7304 Equipment Rent 0.00 0.00 4,000 4,000 0.00 7810 Miscellaneous Expense 0.00 156.25 3,500 3,344 4.46 8104 Motor Pool Rent 348.53 2,439.71 50,000 47,560 4.88 Total Non-Personnel Costs: $ 15,886.07 $ 190,787.85 $ 361,824 $ 171,037 $ 52.73 Total Expenditures $ 163,079.91 $ 1,238,718.77 $ 2,398,607 $ 1,159,890 $ 51.64 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 14 General Fund Jail g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 14,772.24 106,691.82 305,940 199,248 34.87 6001 Overtime 3,024.23 20,676.77 45,449 24,772 45.49 6100 Medicare 258.05 1,854.86 5,304 3,449 34.97 6102 Workers'Compensation 1,303.03 10,904.14 33,629 22,725 32.42 6200 Leave Time 1,407.36 9,034.87 28,854 19,819 31.31 6201 Retirement Benefits 2,955.29 20,937.50 18,986 (1,952) 110.28 6202 Health Insurance 10,238.75 79,367.05 185,400 106,033 42.81 Total Personnel Costs: $ 33,958.95 $ 249,467.01 $ 623,562 $ 374,094 $ 40.01 Non-Personnel Costs: 7001 Communications 407.45 3,657.00 4,500 843 81.27 7002 Postage and Freight 70.71 71.21 1,000 929 7.12 7004Insurance 0.00 12,277.80 23,000 10,722 53.38 7009 Contracted Services 0.00 0.00 2,000 2,000 0.00 7011 Testing 0.00 0.00 200 200 0.00 7017 Rents&Leases 2,500.00 17,500.00 30,000 12,500 58.33 7212 Uniform Allowance 237.50 1,077.29 2,500 1,423 43.09 7214 Janitorial Supplies 0.00 0.00 2,000 2,000 0.00 7215 Operating Supplies 707.25 1,579.99 6,500 4,920 24.31 7216 Maintenance&Repair 900.00 1,535.00 3,000 1,465 51.17 7217 Small Tools&Equipment 0.00 0.00 2,000 2,000 0.00 7218Inmate Meals 257.89 6,329.51 9,000 2,670 70.33 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions&Dues 0.00 0.00 650 650 0.00 7302 Travel&Subsistence 0.00 193.20 2,000 1,807 9.66 7303 Education&Training 0.00 0.00 2,000 2,000 0.00 7307 GF Administrative Fee 9,175.25 64,226.75 110,103 45,876 58.33 7810 Miscellaneous Expense 0.00 190.00 1,200 1,010 15.83 Total Non-Personnel Costs: $ 14,256.05 $ 108,637.75 $ 202,653 $ 94,015 $ 53.61 Total Expenditures $ 48,215.00 $ 358,104.76 $ 826,215 $ 468,109 $ 43.34 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 15 General Fund Animal Control For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000Salaries 5,147.60 36,428.75 78,175 41,746 46.60 6001 Overtime 381.14 1,895.43 0 (1,895) 0.00 6100 Medicare 80.17 582.93 1,194 611 48.82 6102 Workers'Compensation 218.78 2,182.96 7,895 5,712 27.65 6200 Leave Time 527.41 3,840.92 8,304 4,463 46.25 6201 Retirement Benefits 1,216.32 8,843.88 4,273 (4,571) 206.97 6202 Health Insurance 1,322.23 8,427.68 30,900 22,472 27.27 Total Personnel Costs: $ 8,893.65 $ 62,202.55 $ 130,741 $ 68,538 $ 47.58 Non-Personnel Costs: 7001 Communications 1.46 155.49 1,200 1,045 12.96 7002 Postage and Freight 0.00 0.00 500 500 0.00 7004Insurance 0.00 942.59 1,000 57 94.26 7012 Other Special Services 0.00 617.40 0 (617) 0.00 7015 Utilities 307.43 4,948.12 6,000 1,052 82.47 7211 Gas&Lube 0.00 72.79 1,000 927 7.28 7212 Uniform Allowance 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 0.00 459.22 5,000 4,541 9.18 7216 Maintenance&Repair 0.00 40.48 3,000 2,960 1.35 7217 Small Tools&Equipment 0.00 0.00 1,500 1,500 0.00 7300 Advertising 0.00 0.00 1,000 1,000 0.00 7301 Subscriptions&Dues 0.00 0.00 500 500 0.00 7302 Travel&Subsistence 0.00 0.00 2,500 2,500 0.00 7303 Education&Training 0.00 0.00 500 500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7810 Miscellaneous Expense 0.00 0.00 1,200 1,200 0.00 Total Non-Personnel Costs: $ 308.89 $ 7,236.09 $ 26,600 $ 19,365 $ 27.20 Total Expenditures $ 9,202.54 $ 69,438.64 $ 157,341 $ 87,903 $ 44.13 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 16 General Fund Fire Department For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 14,261.50 92,298.72 189,431 97,132 48.72 6100 Medicare 212.46 1,368.16 2,905 1,537 47.10 6101 Unemployment Insurance 0.00 740.00 0 (740) 0.00 6102 Workers'Compensation 1,034.44 7,639.00 17,736 10,097 43.07 6200 Leave Time 1,363.40 9,687.85 21,862 12,174 44.31 6201 Retirement Benefits 2,700.34 17,009.06 10,392 (6,617) 163.67 6202 Health Insurance 9,955.85 57,256.80 84,975 27,718 67.38 Total Personnel Costs: $ 29,527.99 $ 185,999.59 $ 327,301 $ 141,301 $ 56.83 Non-Personnel Costs: 7001 Communications 589.74 4,826.14 9,000 4,174 53.62 7002 Postage and Freight 37.13 680.21 1,591 911 42.75 7004Insurance 0.00 12,901.16 30,192 17,291 42.73 7009 Contracted Services 43.61 549.27 4,241 3,692 12.95 7011 Testing 0.00 0.00 102 102 0.00 7015 Utilities 11,500.16 80,016.14 146,374 66,358 54.67 7016 Heating Fuel 97.20 6,120.14 9,016 2,896 67.88 7210 Vehicle Supplies (701.60) 773.14 4,241 3,468 18.23 7211 Gas&Lube 51.29 1,170.15 9,551 8,381 12.25 7212 Uniform Allowance 11.90 2,663.24 750 (1,913) 355.10 7213 Safety Equipment 0.00 1,224.36 2,000 776 61.22 7215 Operating Supplies 29.50 3,883.13 6,902 3,019 56.26 7216 Maintenance&Repair 1,387.38 6,240.31 18,260 12,020 34.17 7217 Small Tools&Equipment 0.00 1,843.60 6,902 5,058 26.71 7300 Advertising 0.00 994.20 318 (676) 312.64 7301 Subscriptions&Dues 260.00 1,200.00 1,000 (200) 120.00 7302 Travel&Subsistence 0.00 2,833.45 6,425 3,592 44.10 7303 Education&Training 0.00 524.95 1,649 1,124 31.83 7304 Equipment Rent 0.00 0.00 1,592 1,592 0.00 8104 Motor Pool Rent 5,974.84 41,823.88 60,000 18,176 69.71 Total Non-Personnel Costs: $ 19,281.15 $ 170,267.47 $ 320,106 $ 149,841 $ 53.19 Total Expenditures $ 48,809.14 $ 356,267.06 $ 647,407 $ 291,142 $ 55.03 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 17 General Fund Volunteers For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6102 Workers'Compensation 0.00 4,163.00 4,500 337 92.51 Total Personnel Costs: $ 0.00 $ 4,163.00 $ 4,500 $ 337 $ 92.51 Non-Personnel Costs: 7001 Communications 7.46 7.46 102 95 7.31 7002 Postage and Freight 30.00 235.96 853 617 27.66 7212 Uniform Allowance 0.00 56.49 1,750 1,694 3.23 7215 Operating Supplies 0.00 1,391.86 3,183 1,791 43.73 7216 Maintenance&Repair 39.80 812.14 2,776 1,964 29.26 7217 Small Tools&Equipment 2,230.00 8,734.01 23,730 14,996 36.81 7302 Travel&Subsistence 0.00 0.00 4,241 4,241 0.00 7303 Education&Training 0.00 775.00 4,000 3,225 19.38 7806 Volunteer Fireman Stipend 2,500.00 25,500.01 38,000 12,500 67.11 Total Non-Personnel Costs: $ 4,807.26 $ 37,512.93 $ 78,635 $ 41,123 $ 47.71 Total Expenditures $ 4,807.26 $ 41,675.93 $ 83,135 $ 41,460 $ 50.13 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 18 General Fund Emergency Preparedness For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7001 Communications 0.02 2,682.27 2,127 (555) 126.11 7002 Postage and Freight 0.00 0.00 102 102 0.00 7009 Contracted Services 0.00 0.00 6,300 6,300 0.00 7015 Utilities 211.41 1,479.87 2,127 647 69.58 7215 Operating Supplies 0.00 1,208.07 3,000 1,792 40.27 7216 Maintenance&Repair 0.00 0.00 216 216 0.00 7217 Small Tools&Equipment 0.00 0.00 636 636 0.00 7302 Travel&Subsistence 0.00 0.00 1,500 1,500 0.00 7303 Education&Training 0.00 0.00 800 800 0.00 Total Non-Personnel Costs: $ 211.43 $ 5,370.21 $ 16,808 $ 11,438 $ 31.95 Total Expenditures $ 211.43 $ 5,370.21 $ 16,808 $ 11,438 $ 31.95 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 19 General Fund SVAC g For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7002 Postage and Freight 0.00 0.00 165 165 0.00 7004Insurance 0.00 2,619.58 3,604 984 72.69 7012 Other Special Services 0.00 0.00 20,000 20,000 0.00 7211 Gas&Lube 0.00 388.59 3,183 2,794 12.21 7216 Maintenance&Repair 0.00 0.00 2,241 2,241 0.00 Total Non-Personnel Costs: $ 0.00 $ 3,008.17 $ 29,193 $ 26,184 $ 10.30 Total Expenditures $ 0.00 $ 3,008.17 $ 29,193 $ 26,184 $ 10.30 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 20 General Fund Building Inspection For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 7,832.40 54,067.22 145,105 91,038 37.26 6100 Medicare 113.40 811.91 2,226 1,414 36.47 6102 Workers'Compensation 50.59 438.87 7,029 6,590 6.24 6200 Leave Time 786.58 5,771.92 13,832 8,060 41.73 6201 Retirement Benefits 357.16 2,557.18 7,968 5,411 32.09 6202 Health Insurance 4,391.78 31,265.48 69,525 38,260 44.97 Total Personnel Costs: $ 13,531.91 $ 94,912.58 $ 245,685 $ 150,773 $ 38.63 Non-Personnel Costs: 7001 Communications 167.20 1,406.62 1,649 242 85.30 7002 Postage and Freight 0.00 1.20 102 101 1.18 7004Insurance 0.00 1,096.44 1,490 394 73.59 7009 Contracted Services 43.61 120.21 0 (120) 0.00 7211 Gas&Lube 20.64 155.08 534 379 29.04 7215 Operating Supplies 0.00 343.68 1,808 1,464 19.01 7216 Maintenance&Repair 0.00 114.88 357 242 32.18 7217 Small Tools&Equipment 0.00 284.99 2,127 1,842 13.40 7301 Subscriptions&Dues 0.00 49.95 318 268 15.71 7302 Travel&Subsistence 0.00 249.68 2,649 2,399 9.43 7303 Education&Training 0.00 0.00 802 802 0.00 7304 Equipment Rent 0.00 254.10 2,661 2,407 9.55 8104 Motor Pool Rent 398.32 2,788.24 4,000 1,212 69.71 Total Non-Personnel Costs: $ 629.77 $ 6,865.07 $ 18,497 $ 11,632 $ 37.11 Total Expenditures $ 14,161.68 $ 101,777.65 $ 264,182 $ 162,405 $ 38.53 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 21 General Fund Street Operations For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 14,502.53 94,340.32 156,588 62,248 60.25 6001 Overtime 518.50 10,203.54 2,342 (7,862) 435.68 6002 Standby Time 0.00 2,624.64 0 (2,625) 0.00 6100 Medicare 247.44 1,655.60 2,221 565 74.54 6102 Workers'Compensation 1,732.87 12,797.18 19,798 7,001 64.64 6200 Leave Time 1,363.22 8,636.52 19,138 10,501 45.13 6201 Retirement Benefits 2,648.53 16,221.48 10,049 (6,172) 161.42 6202 Health Insurance 11,892.65 78,944.76 85,241 6,296 92.61 Total Personnel Costs: $ 32,905.74 $ 225,424.04 $ 295,377 $ 69,952 $ 76.32 Non-Personnel Costs: 7001 Communications 28.07 117.57 1,000 882 11.76 7002 Postage and Freight 0.00 210.00 3,500 3,290 6.00 7004Insurance 0.00 15,315.16 22,000 6,685 69.61 7009 Contracted Services 102.00 1,797.00 25,000 23,203 7.19 7011 Testing 0.00 0.00 1,000 1,000 0.00 7015 Utilities 6,322.69 63,061.42 108,500 45,439 58.12 7211 Gas&Lube 669.44 4,508.25 28,000 23,492 16.10 7212 Uniform Allowance 150.00 150.00 850 700 17.65 7213 Safety Equipment 0.00 0.00 1,200 1,200 0.00 7215 Operating Supplies 2,192.81 19,451.89 25,000 5,548 77.81 7216 Maintenance&Repair 0.00 4,922.04 20,000 15,078 24.61 7217 Small Tools&Equipment 0.00 176.27 2,100 1,924 8.39 7300 Advertising 0.00 136.00 400 264 34.00 7301 Subscriptions&Dues 0.00 25.98 350 324 7.42 7302 Travel&Subsistence 0.00 1,497.09 1,200 (297) 124.76 7303 Education&Training 0.00 269.00 1,200 931 22.42 7304 Equipment Rent 0.00 0.00 1,000 1,000 0.00 7810 Miscellaneous Expense 59.90 418.49 2,000 1,582 20.92 8104 Motor Pool Rent 8,962.26 62,735.84 90,000 27,264 69.71 Total Non-Personnel Costs: $ 18,487.17 $ 174,792.00 $ 334,300 $ 159,509 $ 52.29 Total Expenditures $ 51,392.91 $ 400,216.04 $ 629,677 $ 229,461 $ 63.56 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 22 General Fund Snow and Ice For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000Salaries 0.00 0.00 80,190 80,190 0.00 6001 Overtime 0.00 3,113.26 4,448 1,335 69.99 6002 Standby Time 0.00 494.40 5,992 5,498 8.25 6100 Medicare 0.00 58.28 1,536 1,478 3.79 6102 Workers'Compensation 0.00 308.92 12,429 12,120 2.49 6201 Retirement Benefits 0.00 336.81 3,365 3,028 10.01 6202 Health Insurance 0.00 1,312.24 48,556 47,244 2.70 Total Personnel Costs: $ 0.00 $ 5,623.91 $ 156,516 $ 150,893 $ 3.59 Non-Personnel Costs: 7002 Postage and Freight 0.00 0.00 3,000 3,000 0.00 7009 Contracted Services 0.00 0.00 12,000 12,000 0.00 7211 Gas&Lube 0.00 16,998.64 10,000 (6,999) 169.99 7213 Safety Equipment 0.00 0.00 500 500 0.00 7215 Operating Supplies 0.00 43,303.56 50,000 6,696 86.61 7216 Maintenance&Repair 0.00 3,218.01 25,000 21,782 12.87 7217 Small Tools&Equipment 0.00 19.98 500 480 4.00 7300 Advertising 0.00 0.00 300 300 0.00 7302 Travel&Subsistence 0.00 0.00 750 750 0.00 7303 Education&Training 0.00 0.00 750 750 0.00 7810 Miscellaneous Expense 0.00 146.80 500 353 29.36 8104 Motor Pool Rent 3,485.32 24,397.24 35,000 10,603 69.71 Total Non-Personnel Costs: $ 3,485.32 $ 88,084.23 $ 138,300 $ 50,215 $ 63.69 Total Expenditures $ 3,485.32 $ 93,708.14 $ 294,816 $ 201,108 $ 31.79 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 23 General Fund City Shop For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 2,631.41 48,687.80 69,817 21,129 69.74 6001 Overtime 0.00 6,044.32 2,472 (3,572) 244.51 6002 Standby Time 0.00 1,285.44 1,977 692 65.02 6100 Medicare 118.23 942.64 1,129 186 83.49 6102 Workers'Compensation 404.70 4,060.99 7,386 3,325 54.98 6200 Leave Time 608.47 4,254.46 7,910 3,656 53.79 6201 Retirement Benefits 385.62 3,169.41 4,040 871 78.45 6202 Health Insurance 2,890.65 22,368.25 33,990 11,622 65.81 Total Personnel Costs: $ 7,039.08 $ 90,813.31 $ 128,721 $ 37,909 $ 70.55 Non-Personnel Costs: 7001 Communications 715.06 5,696.57 8,000 2,303 71.21 7002 Postage and Freight 0.00 70.29 1,500 1,430 4.69 7004Insurance 0.00 3,392.74 6,500 3,107 52.20 7009 Contracted Services 182.33 2,463.68 2,000 (464) 123.18 7015 Utilities 1,725.96 19,915.34 33,000 13,085 60.35 7016 Heating Fuel 0.00 10,579.62 17,000 6,420 62.23 7211 Gas&Lube 132.32 1,403.54 7,600 6,196 18.47 7213 Safety Equipment 0.00 117.94 1,500 1,382 7.86 7215 Operating Supplies 838.15 9,044.14 28,000 18,956 32.30 7216 Maintenance&Repair 0.00 25,819.85 4,900 (20,920) 526.94 7217 Small Tools&Equipment 0.00 1,342.61 7,300 5,957 18.39 7300 Advertising 0.00 84.40 0 (84) 0.00 7301 Subscriptions&Dues 0.00 2,487.33 2,000 (487) 124.37 7302 Travel&Subsistence 0.00 277.27 1,000 723 27.73 7303 Education&Training 0.00 452.78 1,000 547 45.28 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8103 Capital Equipment 0.00 6,500.00 0 (6,500) 0.00 8104 Motor Pool Rent 796.65 5,576.55 8,000 2,423 69.71 Total Non-Personnel Costs: $ 4,390.47 $ 95,224.65 $ 130,300 $ 35,074 $ 73.08 Total Expenditures $ 11,429.55 $ 186,037.96 $ 259,021 $ 72,983 $ 71.82 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 24 General Fund City Hall For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 2,692.40 22,118.32 41,240 19,122 53.63 6100 Medicare 46.82 334.83 634 299 52.81 6102 Workers'Compensation 341.60 2,966.72 5,922 2,955 50.10 6200 Leave Time 375.11 2,680.98 4,997 2,316 53.65 6201 Retirement Benefits 715.26 5,115.10 2,270 (2,845) 225.33 6202 Health Insurance 926.69 7,922.32 30,900 22,978 25.64 Total Personnel Costs: $ 5,097.88 $ 41,138.27 $ 85,963 $ 44,825 $ 47.86 Non-Personnel Costs: 7001 Communications 69.02 542.09 800 258 67.76 7002 Postage and Freight 0.00 0.00 200 200 0.00 7004Insurance 0.00 4,949.47 8,500 3,551 58.23 7009 Contracted Services 274.98 8,288.10 10,000 1,712 82.88 7010 Engineering 258.30 258.30 0 (258) 0.00 7015 Utilities 5,443.76 39,142.32 66,000 26,858 59.31 7016 Heating Fuel 235.19 8,827.29 10,000 1,173 88.27 7211 Gas&Lube 0.00 123.22 700 577 17.60 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 3,502.07 6,000 2,498 58.37 7216 Maintenance&Repair 0.00 3,333.35 6,000 2,667 55.56 7217 Small Tools&Equipment 0.00 80.31 500 420 16.06 7300 Advertising 84.40 84.40 0 (84) 0.00 7302 Travel&Subsistence 0.00 0.00 600 600 0.00 7303 Education&Training 0.00 0.00 600 600 0.00 7810 Miscellaneous Expense 0.00 468.00 250 (218) 187.20 Total Non-Personnel Costs: $ 6,365.65 $ 69,598.92 $ 110,700 $ 41,104 $ 62.87 Total Expenditures $ 11,463.53 $ 110,737.19 $ 196,663 $ 85,929 $ 56.31 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 25 General Fund Community Center Building For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7004Insurance 0.00 2,274.09 3,400 1,126 66.89 7009 Contracted Services 0.00 450.00 3,000 2,550 15.00 7015 Utilities 913.90 6,773.15 12,000 5,227 56.44 7016 Heating Fuel 2.61 1,113.79 5,500 4,386 20.25 7215 Operating Supplies 0.00 2.04 800 798 0.26 7216 Maintenance&Repair 0.00 1,703.58 4,000 2,296 42.59 7810 Miscellaneous Expense 0.00 0.00 250 250 0.00 Total Non-Personnel Costs: $ 916.51 $ 12,316.65 $ 28,950 $ 16,633 $ 42.54 Total Expenditures $ 916.51 $ 12,316.65 $ 28,950 $ 16,633 $ 42.54 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 26 General Fund City Hall Annex For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: Total Personnel Costs: $ 0.00 $ 0.00 $ 0 $ 0 $ 0.00 Non-Personnel Costs: 7004Insurance 0.00 1,402.19 2,500 1,098 56.09 7009 Contracted Services 72.48 453.65 5,000 4,546 9.07 7015 Utilities 1,084.07 7,571.97 12,000 4,428 63.10 7016 Heating Fuel 0.00 3,351.75 7,000 3,648 47.88 7213 Safety Equipment 0.00 0.00 250 250 0.00 7215 Operating Supplies 0.00 738.03 1,000 262 73.80 7216 Maintenance&Repair 0.00 300.00 2,000 1,700 15.00 Total Non-Personnel Costs: $ 1,156.55 $ 13,817.59 $ 29,750 $ 15,932 $ 46.45 Total Expenditures $ 1,156.55 $ 13,817.59 $ 29,750 $ 15,932 $ 46.45 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 27 General Fund Parks &Rec-Administration For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 6,883.43 63,594.66 87,110 23,515 73.01 6100 Medicare 100.14 933.74 1,344 410 69.47 6102 Workers'Compensation 44.57 504.37 766 262 65.84 6200 Leave Time 750.73 5,501.50 11,191 5,690 49.16 6201 Retirement Benefits 1,517.18 14,057.28 4,789 (9,268) 293.53 6202 Health Insurance 1,009.43 13,297.71 38,625 25,327 34.43 Total Personnel Costs: $ 10,305.48 $ 97,889.26 $ 143,825 $ 45,936 $ 68.06 Non-Personnel Costs: 7001 Communications 445.55 3,913.48 6,500 2,587 60.21 7002 Postage and Freight 0.50 1.00 900 899 0.11 7004Insurance 0.00 1,278.49 2,000 722 63.92 7009 Contracted Services 97.55 1,042.85 500 (543) 208.57 7011 Testing 0.00 64.36 250 186 25.74 7215 Operating Supplies 33.50 2,066.74 4,500 2,433 45.93 7216 Maintenance&Repair 0.00 0.00 250 250 0.00 7217 Small Tools&Equipment 0.00 0.00 500 500 0.00 7300 Advertising 0.00 80.00 1,000 920 8.00 7301 Subscriptions&Dues 200.00 1,186.38 500 (686) 237.28 7302 Travel&Subsistence 0.00 0.00 1,750 1,750 0.00 7303 Education&Training 0.00 0.00 1,500 1,500 0.00 7810 Miscellaneous Expense 0.00 0.00 300 300 0.00 8103 Capital Equipment 0.00 0.00 2,750 2,750 0.00 Total Non-Personnel Costs: $ 777.10 $ 9,633.30 $ 23,200 $ 13,568 $ 41.52 Total Expenditures $ 11,082.58 $ 107,522.56 $ 167,025 $ 59,504 $ 64.38 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 28 General Fund Parks &Rec-Parks Maintenance For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 14,902.51 58,262.48 109,747 51,485 53.09 6001 Overtime 1,128.26 4,196.48 10,629 6,433 39.48 6100 Medicare 1,047.90 3,346.41 6,507 3,161 51.43 6101 Unemployment Insurance 0.00 0.00 1,800 1,800 0.00 6102 Workers'Co mpe nsatio n 1,199.05 5,731.87 11,924 6,192 48.07 6200 Leave Time 390.19 2,959.07 0 (2,959) 0.00 6201 Retirement Benefits 137.55 1,262.87 2,283 1,020 55.32 6202 Health Insurance 1,666.08 13,471.19 27,810 14,339 48.44 Total Personnel Costs: $ 20,471.54 $ 89,230.37 $ 170,700 $ 81,471 $ 52.27 Non-Personnel Costs: 7001 Communications 76.80 214.59 1,000 785 21.46 7002 Postage and Freight 0.00 18.55 700 681 2.65 7004Insurance 0.00 6,393.02 9,500 3,107 67.29 7009 Contracted Services 2,688.50 7,137.16 5,000 (2,137) 142.74 7010 Engineering 0.00 0.00 20,000 20,000 0.00 7011 Testing 0.00 0.00 1,400 1,400 0.00 7015 Utilities 1,814.05 8,890.38 21,500 12,610 41.35 7016 Heating Fuel 0.00 98.50 1,200 1,102 8.21 7017 Rents&Leases 0.00 0.00 2,500 2,500 0.00 7210 Vehicle Supplies 0.00 0.00 2,000 2,000 0.00 7211 Gas&Lube 91.00 1,569.87 8,000 6,430 19.62 7212 Uniform Allowance 0.00 1,266.51 700 (567) 180.93 7213 Safety Equipment 0.00 22.60 1,400 1,377 1.61 7214 Janitorial Supplies 0.00 0.00 2,300 2,300 0.00 7215 Operating Supplies 964.40 4,744.15 12,500 7,756 37.95 7216 Maintenance&Repair 111.00 959.42 20,500 19,541 4.68 7217 Small Tools&Equipment 0.00 734.34 6,000 5,266 12.24 7300Advertising 78.00 1,128.80 1,000 (129) 112.88 7301 Subscriptions&Dues 0.00 0.00 400 400 0.00 7302 Travel&Subsistence 0.00 588.50 900 312 65.39 7303 Education&Training 0.00 390.00 1,000 610 39.00 7304 Equipment Rent 0.00 0.00 3,000 3,000 0.00 7810 Miscellaneous Expense 0.00 0.00 1,000 1,000 0.00 8103 Capital Equipment 0.00 7,584.00 0 (7,584) 0.00 8104 Motor Pool Rent 1,194.97 8,364.79 12,000 3,635 69.71 Total Non-Personnel Costs: $ 7,018.72 $ 50,105.18 $ 135,500 $ 85,395 $ 36.98 Total Expenditures $ 27,490.26 $ 139,335.55 $ 306,200 $ 166,866 $ 45.50 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 29 General Fund Parks &Rec-Campgrounds For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 22,146.88 71,803.19 132,420 60,617 54.22 6001 Overtime 2,550.49 12,077.31 10,912 (1,165) 110.68 6100 Medicare 1,364.45 3,858.06 6,898 3,040 55.93 6101 Unemployment Insurance 0.00 0.00 600 600 0.00 6102 Workers'Compensation 1,795.16 7,080.49 13,174 6,094 53.75 6200 Leave Time 0.00 0.00 8,092 8,092 0.00 6201 Retirement Benefits 1,468.12 7,048.07 3,650 (3,398) 193.10 6202 Health Insurance 2,706.81 13,451.15 44,805 31,354 30.02 Total Personnel Costs: $ 32,031.91 $ 115,318.27 $ 220,551 $ 105,234 $ 52.29 Non-Personnel Costs: 7001 Communications 543.31 4,359.30 5,500 1,141 79.26 7002 Postage and Freight 0.00 92.81 1,300 1,207 7.14 7003 Bank and Credit Card Fees 12,509.08 28,458.16 19,500 (8,958) 145.94 7004Insurance 0.00 1,479.45 2,500 1,021 59.18 7009 Contracted Services 8,407.00 23,128.12 13,000 (10,128) 177.91 7011 Testing 0.00 0.00 950 950 0.00 7015 Utilities 16,971.59 44,650.37 125,000 80,350 35.72 7016 Heating Fuel 3.18 199.82 300 100 66.61 7210 Vehicle Supplies 0.00 0.00 1,200 1,200 0.00 7211 Gas&Lube 483.86 2,505.99 5,800 3,294 43.21 7212 Uniform Allowance 0.00 834.53 1,000 165 83.45 7213 Safety Equipment 0.00 86.18 1,200 1,114 7.18 7214 Janitorial Supplies 0.00 40.12 9,500 9,460 0.42 7215 Operating Supplies 5,293.38 18,186.37 18,000 (186) 101.04 7216 Maintenance&Repair 297.54 4,737.44 19,000 14,263 24.93 7217 Small Tools&Equipment 0.00 264.86 5,000 4,735 5.30 7300 Advertising 0.00 119.00 2,500 2,381 4.76 7301 Subscriptions&Dues 0.00 0.00 4,500 4,500 0.00 7302 Travel&Subsistence 0.00 0.00 2,000 2,000 0.00 7303 Education&Training 0.00 103.15 2,000 1,897 5.16 7304 Equipment Rent 0.00 0.00 15,000 15,000 0.00 7810 Miscellaneous Expense 0.00 1,151.06 1,500 349 76.74 8104 Motor Pool Rent 946.02 6,622.14 9,500 2,878 69.71 Total Non-Personnel Costs: $ 45,454.96 $ 137,018.87 $ 265,750 $ 128,733 $ 51.56 Total Expenditures $ 77,486.87 $ 252,337.14 $ 486,301 $ 233,967 $ 51.89 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 30 General Fund Parks &Rec-Cemetery For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 265.47 657.26 4,600 3,943 14.29 6001 Overtime 304.67 404.93 283 (122) 143.08 6100 Medicare 28.82 66.47 71 5 93.62 6102 Workers'Compensation 45.27 97.66 531 433 18.39 6201 Retirement Benefits 11.43 11.43 256 245 4.46 6202 Health Insurance 118.07 118.07 3,090 2,972 3.82 Total Personnel Costs: $ 773.73 $ 1,355.82 $ 8,831 $ 7,476 $ 15.35 Non-Personnel Costs: 7004Insurance 0.00 59.92 150 90 39.95 7009 Contracted Services 0.00 0.00 5,000 5,000 0.00 7015 Utilities 48.96 78.00 0 (78) 0.00 7215 Operating Supplies 0.00 0.00 4,500 4,500 0.00 7216 Maintenance&Repair 0.00 0.00 3,000 3,000 0.00 7217 Small Tools&Equipment 0.00 0.00 5,000 5,000 0.00 Total Non-Personnel Costs: $ 48.96 $ 137.92 $ 17,650 $ 17,512 $ 0.78 Total Expenditures $ 822.69 $ 1,493.74 $ 26,481 $ 24,988 $ 5.64 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 31 General Fund Parks &Rec-Sports& Recreation For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 285.22 32,252.79 88,147 55,894 36.59 6001 Overtime 0.00 1,373.55 3,185 1,811 43.13 6100 Medicare 16.90 1,529.68 2,766 1,236 55.30 6101 Unemployment Insurance 0.00 0.00 1,000 1,000 0.00 6102 Workers'Compensation 7.92 1,815.86 5,933 4,117 30.61 6200 Leave Time 243.78 2,354.52 5,600 3,245 42.05 6201 Retirement Benefits 17.43 4,126.70 3,710 (417) 111.23 6202 Health Insurance (1,488.14) 6,088.63 57,165 51,076 10.65 Total Personnel Costs: $ (916.89)$ 49,541.73 $ 167,506 $ 117,962 $ 29.58 Non-Personnel Costs: 7001 Communications 366.53 2,249.95 4,200 1,950 53.57 7002 Postage and Freight 55.00 130.00 1,500 1,370 8.67 7003 Bank and Credit Card Fees 0.60 181.73 2,000 1,818 9.09 7004Insurance 0.00 1,049.18 2,500 1,451 41.97 7009 Contracted Services 0.00 9,947.35 15,000 5,053 66.32 7011 Testing 0.00 0.00 500 500 0.00 7017 Rents&Leases 0.00 6,257.68 64,000 57,742 9.78 7211 Gas&Lube 0.00 134.61 300 165 44.87 7212 Uniform Allowance 0.00 0.00 300 300 0.00 7213 Safety Equipment 0.00 0.00 300 300 0.00 7215 Operating Supplies 0.00 7,407.21 28,000 20,593 26.45 7216 Maintenance&Repair 0.00 0.00 600 600 0.00 7217 Small Tools&Equipment 0.00 0.00 1,250 1,250 0.00 7300 Advertising 0.00 260.20 1,200 940 21.68 7301 Subscriptions&Dues 0.00 0.00 300 300 0.00 7302 Travel&Subsistence 0.00 0.00 1,500 1,500 0.00 7303 Education&Training 0.00 0.00 1,500 1,500 0.00 7304 Equipment Rent 0.00 0.00 500 500 0.00 7811 Miscellaneous Programs 0.00 350.00 0 (350) 0.00 Total Non-Personnel Costs: $ 422.13 $ 27,967.91 $ 125,450 $ 97,482 $ 22.29 Total Expenditures $ (494.76)$ 77,509.64 $ 292,956 $ 215,444 $ 26.46 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 32 General Fund Parks &Rec-TYC For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 3,451.59 114,895 111,443 3.00 6001 Overtime 38.06 223.50 3,259 3,036 6.86 6100 Medicare 0.55 268.99 5,925 5,656 4.54 6101 Unemployment Insurance 0.00 0.00 1,500 1,500 0.00 6102 Workers'Compensation 2.89 141.69 6,859 6,717 2.07 6200 Leave Time 0.00 0.00 5,944 5,944 0.00 6201 Retirement Benefits 1.74 38.30 2,797 2,759 1.37 6202 Health Insurance 0.02 156.99 30,900 30,743 0.51 Total Personnel Costs: $ 43.26 $ 4,281.06 $ 172,079 $ 167,798 $ 2.49 Non-Personnel Costs: 7001 Communications 719.27 5,535.74 7,600 2,064 72.84 7002 Postage and Freight 0.00 0.00 500 500 0.00 7004Insurance 0.00 1,456.71 3,400 1,943 42.84 7009 Contracted Services 1,360.00 38,054.16 190,000 151,946 20.03 7011 Testing 0.00 0.00 1,200 1,200 0.00 7016 Heating Fuel 0.00 88.78 0 (89) 0.00 7211 Gas&Lube 0.00 384.50 1,500 1,116 25.63 7212 Uniform Allowance 0.00 0.00 500 500 0.00 7213 Safety Equipment 0.00 0.00 350 350 0.00 7214 Janitorial Supplies 0.00 0.00 700 700 0.00 7215 Operating Supplies 0.00 2,246.92 19,000 16,753 11.83 7216 Maintenance&Repair 0.00 630.20 2,000 1,370 31.51 7217 Small Tools&Equipment 0.00 0.00 2,000 2,000 0.00 7300 Advertising 0.00 0.00 700 700 0.00 7301 Subscriptions&Dues 0.00 0.00 300 300 0.00 7302 Travel&Subsistence 0.00 69.50 1,500 1,431 4.63 7303 Education&Training 0.00 0.00 1,500 1,500 0.00 8104 Motor Pool Rent 1,194.97 8,364.79 12,000 3,635 69.71 Total Non-Personnel Costs: $ 3,274.24 $ 56,831.30 $ 244,750 $ 187,919 $ 23.22 Total Expenditures $ 3,317.50 $ 61,112.36 $ 416,829 $ 355,717 $ 14.66 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 33 General Fund Parks &Rec-The Rec Room For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 0.00 4,477.64 47,183 42,705 9.49 6001 Overtime 0.00 380.60 681 300 55.89 6100 Medicare 0.00 175.39 813 638 21.57 6102 Workers'Compensation 0.00 522.13 2,416 1,894 21.61 6200 Leave Time 0.00 251.74 2,942 2,690 8.56 6201 Retirement Benefits 0.00 747.23 2,483 1,736 30.09 6202 Health Insurance 0.00 1,845.83 38,625 36,779 4.78 Total Personnel Costs: $ 0.00 $ 8,400.56 $ 95,143 $ 86,742 $ 8.83 Non-Personnel Costs: 7001 Communications 0.00 30.89 0 (31) 0.00 7004Insurance 0.00 484.70 1,200 715 40.39 7009 Contracted Services 1,360.00 9,720.82 20,000 10,279 48.60 7011 Testing 0.00 0.00 250 250 0.00 7016 Heating Fuel 0.00 560.78 0 (561) 0.00 7211 Gas&Lube 0.00 0.00 100 100 0.00 7212 Uniform Allowance 0.00 0.00 150 150 0.00 7213 Safety Equipment 0.00 0.00 100 100 0.00 7214 Janitorial Supplies 0.00 0.00 500 500 0.00 7215 Operating Supplies 0.00 501.54 5,900 5,398 8.50 7216 Maintenance&Repair 0.00 144.42 1,000 856 14.44 7300 Advertising 0.00 0.00 550 550 0.00 7301 Subscriptions&Dues 0.00 0.00 250 250 0.00 7302 Travel&Subsistence 0.00 0.00 900 900 0.00 Total Non-Personnel Costs: $ 1,360.00 $ 11,443.15 $ 30,900 $ 19,456 $ 37.03 Total Expenditures $ 1,360.00 $ 19,843.71 $ 126,043 $ 106,198 $ 15.74 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 34 General Fund Library/Museum For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6000 Salaries 17,248.10 117,684.74 244,081 126,396 48.22 6100 Medicare 334.33 1,885.31 4,831 2,946 39.03 6102 Workers'Co mpe nsatio n 116.73 954.46 2,115 1,161 45.13 6200 Leave Time 1,407.32 10,882.73 21,720 10,837 50.10 6201 Retirement Benefits 2,644.39 18,959.90 12,278 (6,682) 154.42 6202 Health Insurance 8,168.27 59,189.21 120,510 61,321 49.12 Total Personnel Costs: $ 29,919.14 $ 209,556.35 $ 405,535 $ 195,979 $ 51.67 Non-Personnel Costs: 7001 Communications 1,035.94 8,178.15 13,000 4,822 62.91 7002 Postage and Freight 136.86 3,026.39 7,000 3,974 43.23 7004Insurance 0.00 6,721.41 12,000 5,279 56.01 7009 Contracted Services 4,798.03 32,229.97 72,009 39,779 44.76 7011 Testing 0.00 0.00 800 800 0.00 7012 Other Special Services 5,281.50 7,140.40 8,600 1,460 83.03 7015 Utilities 2,566.27 25,771.36 49,000 23,229 52.59 7016 Heating Fuel 0.00 6,909.81 12,500 5,590 55.28 7017 Rents&Leases 0.00 158.27 2,000 1,842 7.91 7201 Library Books 818.52 1,475.28 10,000 8,525 14.75 7202 Library Periodicals 0.00 2,112.58 3,000 887 70.42 7203 Library Standing Orders 0.00 0.00 4,000 4,000 0.00 7204 Library Non-Print 0.00 0.00 4,000 4,000 0.00 7205 Library Electronic Materials 2,306.44 2,306.44 4,500 2,194 51.25 7208 Museum Collection Supplies 0.00 0.00 1,200 1,200 0.00 7214 Janitorial Supplies 0.00 863.75 2,500 1,636 34.55 7215 Operating Supplies 1,048.51 6,724.55 12,000 5,275 56.04 7216 Maintenance&Repair 0.00 6,922.81 28,000 21,077 24.72 7217 Small Tools&Equipment 0.00 1,536.04 6,000 4,464 25.60 7300 Advertising 0.00 754.20 3,000 2,246 25.14 7301 Subscriptions&Dues 0.00 860.00 2,400 1,540 35.83 7302 Travel&Subsistence 153.00 1,628.21 5,500 3,872 29.60 7303 Education&Training 0.00 1,079.00 2,500 1,421 43.16 7304 Equipment Rent 0.00 78.58 4,000 3,921 1.96 7810 Miscellaneous Expense 0.00 222.09 500 278 44.42 Total Non-Personnel Costs: $ 18,145.07 $ 116,699.29 $ 270,009 $ 153,311 $ 43.22 Total Expenditures $ 48,064.21 $ 326,255.64 $ 675,544 $ 349,290 $ 48.30 Monthly Budget-to-Actual Expenditure Report by Department Run:8/19/2020 at 11:36 AM City of Seward Page: 1 General Fund Debt Service For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Total Expenditures Personnel Costs: 6201 Retirement Benefits 13,969.36 105,497.46 729,457 623,960 14.46 6209 PIERS DC Forfeitures (1,517.30) (2,713.31) 0 2,713 0.00 Total Personnel Costs: $ 12,452.06 $ 102,784.15 $ 729,457 $ 626,673 $ 14.09 Non-Personnel Costs: 8012 Debt Service Interest Expense 0.00 118,603.13 234,581 115,978 50.56 8300 Debt Service Principal 0.00 105,000.00 220,000 115,000 47.73 Total Non-Personnel Costs: $ 0.00 $ 223,603.13 $ 454,581 $ 230,978 $ 49.19 Total Expenditures $ 12,452.06 $ 326,387.28 $ 1,184,038 $ 857,651 $ 27.57 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 3 Harbor Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents&Leases 96,778 297,893 398,990 297,893 74.66 5001 Land Lease Credits 0 0 (63,246) 0 0.00 5100 Transient Moorage 66,572 285,166 587,000 285,166 48.58 5101 Moorage 20,145 1,145,197 1,163,000 1,145,197 98.47 5102 Wharfage 11,226 14,570 48,000 14,570 30.35 5103 Boat Lift Fees 11,469 47,001 117,000 47,001 40.17 5105 Harbor Power Sales 25,570 262,727 377,000 262,727 69.69 5150 Shower Fees 2,133 7,407 12,000 7,407 61.73 5153 Fuel Pumping Fee 8,549 10,568 28,000 10,568 37.74 5154 Waiting List Fees 851 2,363 7,500 2,363 31.50 5155 Towing Fees 53 315 900 315 35.00 5156 Pumping Boats 32 9,111 300 9,111 3,037.10 5157 North Harbor Launch Fee 5,932 12,633 33,750 12,633 37.43 5158 South Harbor Launch Fee 3,626 8,477 20,500 8,477 41.35 5800 Labor&Services 315 1,944 5,500 1,944 35.34 5890 Collection of Doubtful Accounts 0 0 1,000 0 0.00 5899 Miscellaneous Revenue 2,363 3,484 1,500 3,484 232.30 5901 EF Investment Interest 0 0 20,000 0 0.00 5905 EF Penalties and Interest (14) 5,499 10,000 5,499 54.99 5940 Amortization of Contributions-in-Aid 0 0 967,554 0 0.00 5941 Amortization of Bond Premiums 0 0 58,257 0 0.00 Total Revenues $ 255,600 $ 2,114,355 $ 3,794,505 $ 2,114,355 $ 55.72 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 3 Harbor Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 41,327 288,795 609,527 320,732 47.38 6001 Overtime 3,080 18,084 50,116 32,032 36.08 6002 Standby Time 1,067 7,452 12,185 4,733 61.15 6100 Medicare 845 5,405 11,696 6,291 46.21 6101 Unemployment Insurance 0 0 5,000 5,000 0.00 6102 Workers'Compensation 1,938 18,179 40,554 22,375 44.83 6200 Leave Time 4,997 37,601 67,122 29,521 56.02 6201 Retirement Benefits 9,602 70,275 162,629 92,354 43.21 6202 Health Insurance 21,819 162,447 346,491 184,044 46.88 6209 PIERS DC Forfeitures (391) (740) 0 740 0.00 Total Personnel Costs: $ 84,284 $ 607,498 $ 1,305,320 $ 697,822 $ 46.54 Non-Personnel Costs: 7001 Communications 1,225 9,661 13,020 3,359 74.20 7002 Postage and Freight 168 1,585 9,600 8,015 16.51 7003 Bank and Credit Card Fees 305 31,307 66,000 34,693 47.43 7004Insurance 0 64,794 83,756 18,962 77.36 7006 Legal 0 0 10,000 10,000 0.00 7009 Contracted Services 9,865 62,889 115,246 52,357 54.57 7011 Testing 0 0 1,320 1,320 0.00 7015 Utilities 13,588 79,089 124,940 45,851 63.30 7016 Heating Fuel 536 3,785 10,200 6,415 37.11 7100 General Powerfor Resale 15,901 195,531 310,000 114,469 63.07 7211 Gas&Lube 346 6,848 15,500 8,652 44.18 7212 Uniform Allowance 0 329 1,000 671 32.90 7213 Safety Equipment 296 4,050 6,500 2,450 62.30 7214 Janitorial Supplies 402 7,169 14,000 6,831 51.21 7215 Operating Supplies 0 6,949 33,000 26,051 21.06 7216 Maintenance&Repair 264 21,681 53,500 31,819 40.53 7217 Small Tools&Equipment 242 9,218 93,620 84,402 9.85 7300 Advertising 0 178 5,000 4,822 3.57 7301 Subscriptions&Dues 0 52 1,800 1,748 2.88 7302 Travel&Subsistence 0 7,021 11,500 4,479 61.05 7303 Education&Training 0 1,575 2,500 925 63.00 7304 Equipment Rent 0 0 2,000 2,000 0.00 7321 Harbor General Indirect Costs 42,345 296,413 508,136 211,723 58.33 7322 Harbor Admin Indirect Costs 51,515 360,604 618,179 257,575 58.33 7324 Gen Fund Indirect Costs 30,818 215,729 369,821 154,092 58.33 7325 Harbor Internal Cost Allocation (105,698) (739,884) (1,268,372) (528,488) 58.33 7330 P.I.L.T. 12,470 144,640 192,156 47,516 75.27 7331 Reclass PILTto Transfer-Out (12,470) (144,640) (192,156) (47,516) 75.27 7808 Bad Debt Expense 0 0 7,000 7,000 0.00 7810 Miscellaneous Expense 0 483 3,500 3,017 13.81 7900 Depreciation Expense 0 0 2,376,678 2,376,678 0.00 8012 Debt Service Interest Expense 0 67,450 134,900 67,450 50.00 8013 Amortize Deferred Loss on Bonds 0 0 23,568 23,568 0.00 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 4 Harbor Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget 8103 Capital Equipment 0 500 0 (500) 0.00 8104 Motor Pool Rent 5,333 37,333 64,000 26,667 58.33 8300 Debt Service Principal 0 0 530,000 530,000 0.00 Total Non-Personnel Costs: $ 67,451 $ 752,339 $ 4,351,412 $ 3,599,073 $ 17.29 Total Expenditures $ 151,735 $ 1,359,837 $ 5,656,732 $ 4,296,895 $ 24.04 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 4 SMIC Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5000 Land Rents&Leases 46,208 145,975 179,745 145,975 81.21 5101 Moorage 828 32,680 15,000 32,680 217.87 5102 Wharfage 0 725 6,250 725 11.60 5103 Boat Lift Fees 8,598 106,358 200,000 106,358 53.18 5104 Storage Fees 7,092 109,733 105,000 109,733 104.51 5106 SMIC Power Sales 1,473 48,775 70,000 48,775 69.68 5109 Washdown Pad Fees 735 2,359 8,200 2,359 28.77 5110 Crane Fees 0 260 0 260 0.00 5153 Fuel Pumping Fee 0 0 3,000 0 0.00 5800 Labor&Services 0 956 1,000 956 95.55 5905 EF Penalties and Interest 0 204 0 204 0.00 5940 Amortization of Contributions-in-Aid 0 0 505,980 0 0.00 Total Revenues $ 64,934 $ 448,025 $ 1,094,175 $ 448,025 $ 40.95 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 5 SMIC Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 7,625 44,697 59,139 14,442 75.58 6001 Overtime 288 1,121 6,921 5,800 16.20 6100 Medicare 116 687 1,034 347 66.47 6102 Workers'Compensation 567 4,068 7,214 3,146 56.38 6201 Retirement Benefits 1,773 10,467 1,614 (8,853) 648.49 6202 Health Insurance 2,718 25,383 24,309 (1,074) 104.42 6209 PIERS DC Forfeitures (28) (55) 0 55 0.00 Total Personnel Costs: $ 13,059 $ 86,368 $ 100,231 $ 13,863 $ 86.17 Non-Personnel Costs: 7001 Communications 0 0 500 500 0.00 7002 Postage and Freight 0 1,936 5,500 3,564 35.20 7003 Bank and Credit Card Fees 0 47 0 (47) 0.00 7004Insurance 0 8,895 16,200 7,305 54.91 7006 Legal 0 1,817 15,000 13,183 12.11 7009 Contracted Services 625 2,388 40,000 37,612 5.97 7015 Utilities 3,799 20,495 17,126 (3,369) 119.67 7016 Heating Fuel 320 1,500 5,000 3,500 30.00 7100 General Powerfor Resale 3,667 36,765 47,000 10,235 78.22 7211 Gas&Lube 298 4,518 8,000 3,482 56.47 7213 Safety Equipment 0 754 0 (754) 0.00 7215 Operating Supplies 44 847 6,500 5,653 13.04 7216 Maintenance&Repair 522 31,086 35,500 4,414 87.57 7217 Small Tools&Equipment 523 250 1,500 1,250 16.70 7300 Advertising 0 0 3,000 3,000 0.00 7301 Subscriptions&Dues 0 735 0 (735) 0.00 7321 Harbor General Indirect Costs 5,341 37,385 64,089 26,704 58.33 7322 Harbor Admin Indirect Costs 6,497 45,481 77,968 32,487 58.33 7323 SMIC General Indirect Costs 11,397 79,778 136,762 56,984 58.33 7324 Gen Fund Indirect Costs 8,226 57,580 98,711 41,131 58.33 7325 Harbor Internal Cost Allocation (11,397) (79,778) (136,762) (56,984) 58.33 7330 P.I.L.T. 1,495 24,145 26,156 2,011 92.31 7331 Reclass PILTto Transfer-Out (1,495) (24,145) (26,156) (2,011) 92.31 7900 Depreciation Expense 0 0 806,078 806,078 0.00 8101Infrastructure 0 597 0 (597) 0.00 Total Non-Personnel Costs: $ 29,862 $ 253,076 $ 1,247,672 $ 994,596 $ 20.28 Total Expenditures $ 42,921 $ 339,444 $ 1,347,903 $ 1,008,459 $ 25.18 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 5 Parking Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5200 S.Harbor Lot 23,187 43,260 125,000 43,260 34.61 5201 N.Harbor Lot 23,313 50,112 95,000 50,112 52.75 5202 N.E.Ramp Lot 14,044 22,769 47,000 22,769 48.44 5204 S.Harbor Uplands Lot 5,626 13,383 18,000 13,383 74.35 5205 Slip Holder Parking Passes 2,430 18,178 27,000 18,178 67.32 5206 Employee Passes 374 4,439 10,000 4,439 44.39 5208 S.W.Harbor Lot 0 0 1,000 0 0.00 5209 Company Vehicle Pass 0 654 0 654 0.00 5210 Vehicle w/Trailer 561 6,075 24,000 6,075 25.31 5211 Visitor Parking Permits 196 1,533 1,200 1,533 127.73 5212 Fines-Parking Tickets 196 449 2,500 449 17.94 5899 Miscellaneous Revenue 0 30 0 30 0.00 5901 EF Investment Interest 0 0 10,000 0 0.00 Total Revenues $ 69,927 $ 160,882 $ 360,700 $ 160,882 $ 44.60 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 6 Parking Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 1,218 5,051 126,156 121,105 4.00 6001 Overtime 226 1,416 5,591 4,175 25.34 6100 Medicare 72 233 8,980 8,747 2.59 6101 Unemployment Insurance 0 157 3,500 3,343 4.48 6102 Workers'Compensation 57 383 11,412 11,029 3.36 6201 Retirement Benefits 157 956 3,938 2,982 24.28 6202 Health Insurance 398 1,747 6,180 4,433 28.27 Total Personnel Costs: $ 2,128 $ 9,943 $ 165,757 $ 155,814 $ 6.00 Non-Personnel Costs: 7001 Communications 69 551 3,250 2,699 16.97 7002 Postage and Freight 0 1 1,000 999 0.10 7003 Bank and Credit Card Fees 2,222 3,993 10,000 6,007 39.93 7004 Insurance 0 1,636 3,200 1,564 51.13 7009 Contracted Services 2,388 3,053 3,000 (53) 101.77 7011 Testing 0 0 600 600 0.00 7012 Other Special Services 0 0 3,000 3,000 0.00 7015 Utilities 70 493 1,000 507 49.33 7210 Vehicle Supplies 0 0 3,000 3,000 0.00 7211 Gas&Lube 0 65 1,250 1,185 5.19 7212 Uniform Allowance 0 0 1,000 1,000 0.00 7213 Safety Equipment 0 0 1,000 1,000 0.00 7214 Janitorial Supplies 0 0 250 250 0.00 7215 Operating Supplies 1,029 3,372 13,000 9,628 25.94 7216 Maintenance&Repair 0 0 9,000 9,000 0.00 7217 Small Tools&Equipment 0 0 5,000 5,000 0.00 7300 Advertising 0 327 300 (27) 109.00 7301 Subscriptions&Dues 0 0 5,000 5,000 0.00 7302 Travel&Subsistence 0 0 1,000 1,000 0.00 7303 Education&Training 0 0 1,000 1,000 0.00 7304 Equipment Rent 0 0 750 750 0.00 7307 GF Administrative Fee 961 6,730 11,537 4,807 58.33 7330 P.I.L.T. 5,594 12,871 28,056 15,185 45.87 7331 Reclass PILTto Transfer-Out (5,594) (12,871) (28,056) (15,185) 45.87 7805 Promotion 0 0 2,000 2,000 0.00 7900 Depreciation Expense 0 0 29,023 29,023 0.00 8101Infrastructure 0 0 150,000 150,000 0.00 8103 Capital Equipment 0 5,740 4,219 (1,521) 136.06 8104 Motor Pool Rent 1,083 7,583 13,000 5,417 58.33 Total Non-Personnel Costs: $ 7,822 $ 33,544 $ 276,379 $ 242,835 $ 12.14 Total Expenditures $ 9,950 $ 43,487 $ 442,136 $ 398,649 $ 9.84 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 6 Electric Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 134,672 943,655 1,411,506 943,655 66.85 5302 Residential fuel factor 107,888 925,125 1,300,312 925,125 71.15 5303 Residential customercharge 44,597 313,154 508,693 313,154 61.56 5310 SG Service 98,400 569,646 880,829 569,646 64.67 5312 SG fuel factor 67,345 444,707 629,108 444,707 70.69 5313 SG Customer Charge 10,929 79,177 227,872 79,177 34.75 5320 LG Service 94,166 650,585 1,374,968 650,585 47.32 5322 LG fuel factor 173,639 1,281,701 1,829,941 1,281,701 70.04 5323 LG customer charge 3,984 27,519 46,352 27,519 59.37 5324 LG demand charge 137,441 870,786 1,438,428 870,786 60.54 5340 Spec.Contract Energy 13,151 124,053 492,075 124,053 25.21 5342 Special Contract fuel factor 19,933 188,655 499,902 188,655 37.74 5343 Spec.Contract customer charge 44 306 1,077 306 28.41 5345 Special Contract Demand 17,475 143,179 428,914 143,179 33.38 5350 Harbor Fund Power Sales 9,257 126,399 280,000 126,399 45.14 5352 Harbor power fuel factor 7,278 106,920 111,320 106,920 96.05 5360 Street&Yard 5,896 44,196 70,840 44,196 62.39 5362 Yard Light Fuel 238 3,597 4,048 3,597 88.85 5801 Turn on Fees 1,658 8,640 20,240 8,640 42.69 5802 Equipment Rental 0 0 20,240 0 0.00 5803 Joint Pole Use 0 0 10,120 0 0.00 5804 Work Order Revenue 0 109,125 20,240 109,125 539.16 5805 Chugach Coop Divid. 0 30,889 0 30,889 0.00 5890 Collection of Doubtful Accounts 0 0 800 0 0.00 5899 Miscellaneous Revenue 16,295 16,441 5,060 16,441 324.91 5901 EF Investment Interest 0 0 30,000 0 0.00 5905 EF Penalties and Interest 0 6,685 40,000 6,685 16.71 5940 Amort.of CIA-General 0 0 975,887 0 0.00 5941 Amort.Bond Premium 0 0 14,000 0 0.00 Total Revenues $ 964,286 $ 7,015,140 $ 12,672,772 $ 7,015,140 $ 55.36 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 7 Electric Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 62,614 452,222 893,050 440,828 50.64 6001 Overtime 4,489 24,397 61,252 36,855 39.83 6002 Standby Time 11,034 67,570 97,951 30,381 68.98 6100 Medicare 1,063 8,629 15,975 7,346 54.01 6102 Workers'Compensation 3,423 34,053 81,749 47,696 41.65 6200 Leave Time 6,303 46,487 98,982 52,495 46.96 6201 Retirement Benefits 13,183 104,897 206,218 101,321 50.87 6202 Health Insurance 17,293 142,391 281,352 138,961 50.61 6204 Meal Allowance 143 835 7,286 6,451 11.45 6205 Electric Union Benefits 156 1,168 21,252 20,084 5.49 Total Personnel Costs: $ 119,701 $ 882,649 $ 1,765,067 $ 882,418 $ 50.01 Non-Personnel Costs: 7001 Communications 778 10,231 21,758 11,527 47.02 7002 Postage and Freight 54 10,194 19,692 9,498 51.77 7003 Bank and Credit Card Fees 9,560 57,376 91,849 34,473 62.47 7004Insurance 0 40,417 65,780 25,363 61.44 7006 Legal 0 8,163 50,540 42,377 16.15 7009 Contracted Services 2,115 49,094 386,049 336,955 12.72 7010 Engineering 5,666 5,666 65,000 59,334 8.72 7011 Testing 0 827 1,000 173 82.69 7012 Other Special Services 833 13,182 15,000 1,818 87.88 7015 Utilities 15,138 98,019 141,554 43,535 69.24 7016 Heating Fuel 180 7,770 18,216 10,446 42.65 7017 Rents&Leases 65 17,751 23,276 5,525 76.26 7101 Chugach Power Purchases 202,176 1,457,860 2,273,442 815,582 64.13 7102 Power Fuel Costs 271,662 2,008,286 3,200,000 1,191,714 62.76 7103 Fuel for Generators 0 6,223 100,600 94,377 6.19 7210 Vehicle Supplies 133 5,932 10,120 4,188 58.61 7211 Gas&Lube 602 14,442 38,456 24,014 37.55 7212 Uniform Allowance 2,302 3,469 17,000 13,531 20.41 7213 Safety Equipment 0 4,279 5,560 1,281 76.95 7214 Janitorial Supplies 0 27 0 (27) 0.00 7215 Operating Supplies 32,031 186,474 185,196 (1,278) 100.69 7216 Maintenance&Repair 305 3,099 95,720 92,621 3.24 7217 Small Tools&Equipment 0 1,211 25,180 23,969 4.81 7300 Advertising 0 272 6,072 5,800 4.48 7301 Subscriptions&Dues 0 360 36,627 36,267 0.98 7302 Travel&Subsistence 0 4,611 28,096 23,485 16.41 7303 Education&Training 0 3,362 28,336 24,974 11.86 7304 Equipment Rent 0 0 35,180 35,180 0.00 7307 GF Administrative Fee 80,396 562,769 964,745 401,976 58.33 7330 P.I.L.T. 77,143 560,676 928,967 368,291 60.35 7331 Reclass PI LT to Transfer-Out (77,143) (560,676) (928,967) (368,291) 60.35 7808 Bad Debt Expense (980) (980) 20,000 20,980 (4.90) 7810 Miscellaneous Expense 0 100 35,180 35,080 0.28 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 8 Electric Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget 7900 Depreciation Expense 0 0 1,585,249 1,585,249 0.00 8010 Utility Deposit Interest 7 68 1,214 1,146 5.58 8012 Debt Service Interest Expense 85,975 171,950 171,950 0 100.00 8014 Debt Service Amortization of Bond Issue Costs 0 0 20,903 20,903 0.00 8101Infrastructure 0 0 140,240 140,240 0.00 8103 Capital Equipment 18,703 90,444 55,540 (34,904) 162.84 8104 Motor Pool Rent 30,000 210,000 360,000 150,000 58.33 8200 Work Order Sal/Benefit credits 0 19,211 (70,000) (89,211) (27.44) 8201 Work Order Operating Supply credits 0 0 (40,000) (40,000) 0.00 8300 Debt Service Principal 170,000 170,000 170,000 0 100.00 Total Non-Personnel Costs: $ 927,701 $ 5,242,159 $ 10,400,320 $ 5,158,161 $ 50.40 Total Expenditures $ 1,047,402 $ 6,124,808 $ 12,165,387 $ 6,040,579 $ 50.35 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 7 Water Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 44,788 304,641 517,000 304,641 58.92 5310 SG Service 16,595 82,601 157,000 82,601 52.61 5320 LG Service 16,217 112,982 220,000 112,982 51.36 5330 SMIC Sales 4,212 29,437 54,000 29,437 54.51 5340 Spec.Contracts 26,277 114,059 178,000 114,059 64.08 5801 Turn on Fees 734 8,580 16,000 8,580 53.62 5806 Ship Water 203 1,419 93,000 1,419 1.53 5807 Hydrant Rentals 10,771 75,529 130,000 75,529 58.10 5899 Miscellaneous Revenue 0 37 10,000 37 0.37 5901 EF Investment Interest 0 0 15,000 0 0.00 5905 EF Penalties and Interest 0 161 500 161 32.11 5940 Amort.of CIA-General 0 0 205,000 0 0.00 Total Revenues $ 119,797 $ 729,446 $ 1,595,500 $ 729,446 $ 45.72 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 9 Water Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 14,642 98,703 180,304 81,601 54.74 6001 Overtime 496 3,802 4,632 830 82.08 6002 Standby Time 550 3,932 8,817 4,885 44.59 6100 Medicare 270 1,669 2,951 1,282 56.55 6102 Workers'Compensation 749 6,517 12,788 6,271 50.97 6200 Leave Time 1,532 11,428 19,833 8,405 57.62 6201 Retirement Benefits 3,397 24,631 44,852 20,221 54.92 6202 Health Insurance 8,011 62,134 101,352 39,218 61.31 6209 PIERS DC Forfeitures (153) (217) 0 217 0.00 Total Personnel Costs: $ 29,494 $ 212,599 $ 375,529 $ 162,930 $ 56.61 Non-Personnel Costs: 7001 Communications 523 4,013 10,000 5,987 40.13 7002 Postage and Freight 10 2,014 5,500 3,486 36.62 7003 Bank and Credit Card Fees 1,056 6,079 10,950 4,871 55.51 7004Insurance 0 10,685 11,000 315 97.14 7006 Legal 0 0 5,000 5,000 0.00 7009 Contracted Services 0 (1,129) 92,050 93,179 (1.23) 7011 Testing 450 9,755 11,000 1,245 88.68 7015 Utilities 15,447 123,418 259,000 135,582 47.65 7016 Heating Fuel 0 817 0 (817) 0.00 7210 Vehicle Supplies 0 137 0 (137) 0.00 7211 Gas&Lube 149 1,589 10,500 8,911 15.13 7213 Safety Equipment 0 535 3,000 2,465 17.83 7214 Janitorial Supplies 0 37 0 (37) 0.00 7215 Operating Supplies 1,188 7,649 44,500 36,851 17.19 7216 Maintenance&Repair 0 6,272 30,000 23,728 20.91 7217 Small Tools&Equipment 0 1,135 6,500 5,365 17.46 7300 Advertising 0 0 1,000 1,000 0.00 7301 Subscriptions&Dues 672 922 1,700 778 54.24 7302 Travel&Subsistence 0 69 5,600 5,531 1.22 7303 Education&Training 0 100 5,600 5,500 1.79 7304 Equipment Rent 0 0 8,000 8,000 0.00 7307 GF Administrative Fee 22,179 155,252 262,991 107,739 59.03 7330 P.I.L.T. 9,584 58,343 110,000 51,657 53.04 7331 Reclass PILTto Transfer-Out (9,584) (58,343) (110,000) (51,657) 53.04 7808 Bad Debt Expense 0 0 2,000 2,000 0.00 7810 Miscellaneous Expense 17 117 1,800 1,683 6.48 7900 Depreciation Expense 0 0 628,253 628,253 0.00 8012 Debt Service Interest Expense 0 17,612 17,612 0 100.00 8104 Motor Pool Rent 417 2,917 5,000 2,083 58.33 8300 Debt Service Principal 0 0 139,232 139,232 0.00 Total Non-Personnel Costs: $ 42,108 $ 349,995 $ 1,577,788 $ 1,227,793 $ 22.18 Total Expenditures $ 71,602 $ 562,594 $ 1,953,317 $ 1,390,723 $ 28.80 Monthly Budget-to-Actual Revenue Report--By Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 8 Wastewater Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual Over/(Under) %of Annual Month Actual Budget Budget Budget Revenues 5300 Residential 59,723 406,651 691,000 406,651 58.85 5310 SG Service 20,696 106,317 198,000 106,317 53.70 5320 LG Service 22,161 149,900 280,000 149,900 53.54 5330 SMIC Sales 2,020 14,115 28,000 14,115 50.41 5801 Turn on Fees 307 11,546 9,800 11,546 117.82 5809 Water/Seward Misc.Service 0 176 4,200 176 4.20 5901 EF Investment Interest 0 0 8,000 0 0.00 5905 EF Penalties and Interest 0 302 1,000 302 30.19 5940 Amort.of CIA-General 0 0 398,445 0 0.00 Total Revenues $ 104,907 $ 689,007 $ 1,618,445 $ 689,007 $ 42.57 Monthly Budget Expenditure Report by Fund Run:8/19/2020 at 11:23 AM City of Seward Page: 10 Wastewater Enterprise Fund For 7/31/2020 Variance Actual Y-T-D Annual (Over)/Under %of Annual Month Actual Budget Budget Budget Expenditures Personnel Costs: 6000 Salaries 10,798 72,671 148,043 75,372 49.09 6001 Overtime 811 4,168 4,209 41 99.02 6002 Standby Time 672 4,187 6,832 2,645 61.29 6100 Medicare 217 1,267 2,450 1,183 51.72 6102 Workers'Compensation 534 4,558 10,565 6,007 43.14 6200 Leave Time 1,452 10,481 18,802 8,321 55.74 6201 Retirement Benefits 2,599 18,536 37,252 18,716 49.76 6202 Health Insurance 7,058 44,921 70,761 25,840 63.48 6209 PIERS DC Forfeitures (153) (219) 0 219 0.00 Total Personnel Costs: $ 23,988 $ 160,570 $ 298,914 $ 138,344 $ 53.72 Non-Personnel Costs: 7001 Communications 507 3,958 8,300 4,342 47.69 7002 Postage and Freight 10 1,961 4,700 2,739 41.72 7003 Bank and Credit Card Fees 1,248 7,658 13,730 6,072 55.78 7004 Insurance 0 3,122 8,004 4,882 39.01 7006 Legal 0 0 12,000 12,000 0.00 7009 Contracted Services 0 2,391 122,050 119,659 1.96 7011 Testing 2,500 14,380 27,000 12,620 53.26 7015 Utilities 12,541 99,148 218,000 118,853 45.48 7016 Heating Fuel 0 0 3,500 3,500 0.00 7017 Rents&Leases 0 0 200 200 0.00 7211 Gas&Lube 125 3,146 9,700 6,554 32.43 7213 Safety Equipment 0 387 1,500 1,113 25.80 7214 Janitorial Supplies 0 15 0 (15) 0.00 7215 Operating Supplies 2,349 22,933 17,000 (5,933) 134.90 7216 Maintenance&Repair 0 7,516 34,500 26,984 21.79 7217 Small Tools&Equipment 0 512 4,000 3,488 12.79 7300 Advertising 0 0 400 400 0.00 7301 Subscriptions&Dues 0 0 4,500 4,500 0.00 7302 Travel&Subsistence 0 0 5,200 5,200 0.00 7303 Education&Training 0 0 3,800 3,800 0.00 7304 Equipment Rent 0 0 6,000 6,000 0.00 7307 GF Administrative Fee 13,544 94,811 162,533 67,722 58.33 7330 P.I.L.T. 8,393 55,096 96,880 41,784 56.87 7331 Reclass PILTto Transfer-Out (8,393) (55,096) (96,880) (41,784) 56.87 7808 Bad Debt Expense 0 0 2,000 2,000 0.00 7810 Miscellaneous Expense 0 0 1,200 1,200 0.00 7900 Depreciation Expense 0 0 482,864 482,864 0.00 8012 Debt Service Interest Expense 0 0 15,363 15,363 0.00 8104 Motor Pool Rent 417 2,917 5,000 2,083 58.33 8300 Debt Service Principal 0 0 57,270 57,270 0.00 Total Non-Personnel Costs: $ 33,241 $ 264,855 $ 1,230,314 $ 965,459 $ 21.53 Total Expenditures $ 57,229 $ 425,425 $ 1,529,228 $ 1,103,803 $ 27.82 Providence St.Joseph Health INC_DIET_OPS_ ID EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Dept AIIDepartments-AIIDepartments Detail Statement of Operations(Whole Dollars) Printed On 8/1120 @ 5:20 PM Reported as of July 2020 Printed By cole.white Month-To-Date Year-To-Date Actual Budget %Variance Actual Budget %Variance Pr.Year %Variance Gross Service Revenues: 325,441 222,188 46.5% Acute Care-Inpatient 1,224,362 1,425,715 (14.1%) 1,298,072 (5.7%) 1,158,146 1,548,705 (25.2%) Acute Care-Outpatent 6,780,822 8,318,061 (18.5%) 7,972,478 (14.9%) 202,745 111,935 81.1% Pnmary Care 1,069,532 820,267 30.4% 1,320,537 (19.0%) 1,179,306 1,650,233 2(8.5%) Long-term Care 8,336,235 9,790,295 (14.9%) 9,804,937 1(5.0%) 2,865,638 3,533,061 11 8.9%) Total Gross Service Revenues 17,410,950 20,354,339 (14.5% 20,396,024 11 4.6%) Revenue Deductions: 48,613 46,972 (3.5%) Chanty Care 283,521 252,656 (12.2%) 142,886 (98.4%) 575,065 597,370 3.7% Medicare Medicaid 1,997,387 3,130,527 36.2% 2,706,315 26.2% 125,527 119,969 (4.6%) Negofiated Contracts 356,770 651,180 45.2% 603,352 40.9% 129,024 122,579 (5.3%) Other Deducton Expense 516,390 668,165 22.7% 646,184 20.1% 878,229 886,890 1.0% Revenue Deductions 3,154,067 4,702,528 32.9% 4,098,736 23.0% 16,593 288,532 94.2% Bad Debt Deduction 715,078 1,677,424 57.4% 1,678,329 57.4% 1,970,816 2,357,639 (16.4%) Net Service Revenue 13,541,805 13,974,387 (3.1%) 14,618,958 (7.4%) 7,302 9,382 2(22%) Other Operating Revenue 246,915 62,358 296.0% 1,081,360 7(72%) 1,978,118 2,367,021 11 6.4%) Total Net Operating Revenues 13,788,720 14,036,745 (1.8%) 15,700,318 11 2.2%) Expenses from Operations: Other Expenses from Operations: 1,057,606 1,429,247 26.0% Salanes and Wages 7,250,535 8,439,350 14.1% 6,669,338 (8.7%) 264,013 273,366 3.4% Employee Benefits 1,816,207 2,153,914 15.7% 1,744,348 (4.1%) 7,375 13,340 44.7% Professional Fees Expense 62,743 95,167 34.1% 126,506 50.4% 104,972 104,282 (0.7%) Supplies 638,830 654,912 2.5% 617,292 (3.5%) 98,637 235,264 58.1% Purchased Services Expense 1,399,183 1,616,493 13.4% 1,419,381 1.4% 468 1,302 64.1% Depreciafion Expense 3,273 8,945 63.4% 8,966 63.5% 55 - - Interest and Amortzafion 1,101 - - 277 (297.0%) 740 - - Taxes and Licenses 18,917 - - 38,092 50.3% 119,285 50,132 13( 7.9%) Other Expenses 573,460 600,723 4.5% 696,160 17.6% 1,653,151 2,106,934 21.5% Other Expenses from Operations 11,764,249 13,569,502 13.31/6 11,320,360 (3.9%) 1,653,151 2,106,934 21.5% Total Operating Expenses 11,764,249 13,569,502 13.31/6 11,320,360 (3.9%) 324,966 260,087 24.91/6 Net Operating Income 2,024,471 467,243 333.31/6 4,379,959 51 3.8%) 324,966 260,087 24.9% Net Operating Income fully burdened 2,024,471 467,243 333.3% 4,379,959 (53.8%) - 6 10( 0.0%) Non-Operating Gain(Loss) 2,113 1,254 68.5% 11619 30.5% 324,966 260,093 24.9% Net Income fully burdened 2,026,583 468,496 332.61/6 4,381,578 51 3.7%) 325,489 261,389 24.5% EBIDA fully burdened 2,028,845 476,187 326.1% 4,389,202 (53.8%) 325,489 261,389 24.5% EBIDA 2,028,845 476,187 326.1% 4,389,202 (53.8%) Fully burdened includes allocated costs 354 Providence St.Joseph Health BAL_SH_SUM_WD_EAL 110-PROVIDENCE SEWARD MED CENTER-MGD Entity-110 Balance Sheet(Whole Dollars) Printed On 8/11/20 @ 5:15 PM Reported as of July 2020 Printed By cole.white July December July December 2020 2019 2020 2019 Actual Pr.Year Actual Pr.Year ASSETS LIABILITIES&NET ASSETS Current Assets: Current Liabilities: Cash and Cash Equivalent 5,290,374 415,381 Accounts Payable 1,500,142 486,363 ST Investments - - Accrued Compensation 1,074,140 906,303 Accounts Receivable,Net 2,499,376 3,287,874 Payable to Contractual Agencies 4,876,127 19,352 Supplies I nventory 59,925 36,212 Other Current Liabilities 4,817,465 6,937,866 Other Current Assets 778,583 2,312,689 Total Current Liabilities 12,267,874 8,349,884 Total Current Assets 8,628,258 6,052,156 Assets Whose Use is Limited: Other Long Term Liabilities (897,479) 1,427,201 Mgmt Designated Cash and Investments - - Gift Annuities,Trust and Other (212,217) (217,979) Total Liabilities 11,370,395 9,777,085 Assets Whose Use is Limited (212,217) (217,979) Net Assets: Unrestricted (2,148,525) (2,703,781) Property Plant Equipment Net 13,283 446,088 Temporarily Restricted 42,776 49,837 Total Net Assets (2,105,749) (2,653,945) Other LT Assets 835,322 842,875 Total Liabilities and Net Assets 9,264,646 7,123,140 Total Assets 9,264,646 7,123,140 355 ugust A September 2020August 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9101112 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 26 27 28 29 30 31 Aug 1 2 3 (7:00pm 5 6 7 8 Candidate for P&Z Mtg Council PackeANCELLED Submissions (City Clerk's Office 9 10 11 12 13 14 15 ------------ 7:OOpm CC Mtg 6:0Opm HPC (Council Regular Cham bers Meetin 6:OOpm Cancelled-HP C Work 16 17 18 19 20 21 22 8:00am 6:00pm P&Z 6:30pm CC Work Candidate for Work Session Session- Council (Seward CANCELLED Packets Librar (Council Deadline(City Chambers Clerk's Office 23 24 25 26 27 28 29 7:00pm CC Mtg Cham bers 30 31 Sep 1 2 3 4 5 Council Calendar 1 8/17/2020 9:24 AM 356 September October 2020 September 2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 4 5 6 7 8 910 13 14 15 16 17 18 19 11 12 13 14 15 16 17 20 21 22 23 24 25 26 18 19 20 21 22 23 24 27 28 29 30 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 30 31 Sep 1 2 3 4 5 7:00pm P&Z Mtg 12:00pm PACAB (Council Mtg Cham bers) 6 7 8 9 10 11 12 6:OOp Labor Day m PC H Holiday Work Session (Council Chamber 7:30pm HPC Regular Meeting (Council 13 14 15 16 17 18 19 7:00pm CC Mtg 6:00pm P&Z 12:00pm PACAB (Council Work Session Work Session Chambers) (Council Chambers Cham bers 20 21 22 23 24 25 26 Absentee In Person Voting Starts for Municipal Election 27 28 29 30 Oct 1 2 3 7:00pm CC Mtg Cham bers Council Calendar 2 8/17/2020 9:24 AM 357 October 2020 oTu October2020 November2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 27 28 29 30 Oct 1 2 3 4 5 6 7 8 9 10 7:00pm P&Z Mtg ° 12:00pm PACAB 6:00pm HPC (Seward Mtg Work Session Librar (Council Chamber ELECTION DAY 7:30pm HPC Regular Meeting (Council 11 12 13 14 15 16 17 7:00pm CC Mtg (Council Chambers 18 19 20 21 22 23 24 Alaska Day City Holiday 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council Chambers Cham bers 25 26 27 28 29 30 31 7:00pm CC Mtg Cham bers Council Calendar 3 8/17/2020 9:24 AM 358