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HomeMy WebLinkAbout01252021 City Council PacketSeward City Council Agenda Packet Amanda Gorman, zz, first national youth poet laureate and Harvard graduate, recites her poem to the world `The Hill We Climb' Monday, January 25, 2021 City Council Chambers Beginning at 7.00 p.m. The Hill We Climb When day comes, we ask ourselves, where can we find light in this never-ending shade? The loss we carry. A sea we must wade. We braved the belly of the beast. We've learned that quiet isn't always peace, and the norms and notions of what "just" is isn't always justice. And yet the dawn is ours before we knew it. Somehow we do it. Somehow we weathered and witnessed a nation that isn't broken, but simply unfinished. We, the successors of a country and a time where a skinny Black girl descended from slaves and raised by a single mother can dream of becoming president, only to find herself reciting for one. And, yes, we are far from polished, far from pristine, but that doesn't mean we are striving to form a union that is perfect. We are striving to forge our union with purpose. To compose a country committed to all cultures, colors, characters and conditions of man. And so we lift our gaze, not to what stands between us, but what stands before us. We close the divide because we know to put our future first, we must first put our differences aside. We lay down our arms so we can reach out our arms to one another. We seek harm to none and harmony for all. Let the globe, if nothing else, say this is true. That even as we grieved, we grew. That even as we hurt, we hoped. That even as we tired, we tried. That we'll forever be tied together, victorious. Not because we will never again know defeat, but because we will never again sow division. Scripture tells us to envision that everyone shall sit under their own vine and fig tree, and no one shall make them afraid. If we're to live up to our own time, then victory won't lie in the blade, but in all the bridges we've made. That is the promise to glade, the hill we climb, if only we dare. It's because being American is more than a pride we inherit. It's the past we step into and how we repair it. We've seen a force that would shatter our nation, rather than share it. Would destroy our country if it meant delaying democracy. And this effort very nearly succeeded. But while democracy can be periodically delayed, it can never be permanently defeated. In this truth, in this faith we trust, for while we have our eyes on the future, history has its eyes on us. This is the era of just redemption. We feared at its inception. We did not feel prepared to be the heirs of such a terrifying hour. But within it we found the power to author a new chapter, to offer hope and laughter to ourselves. So, while once we asked, how could we possibly prevail over catastrophe, now we assert, how could catastrophe possibly prevail over us? We will not march back to what was, but move to what shall be: a country that is bruised but whole, benevolent but bold, fierce and free. We will not be turned around or interrupted by intimidation because we know our inaction and inertia will be the inheritance of the next generation, become the future. Our blunders become their burdens. But one thing is certain. If we merge mercy with might, and might with right, then love becomes our legacy and change our children's birthright. So let us leave behind a country better than the one we were left. Every breath from my bronze -pounded chest, we will raise this wounded world into a wondrous one. We will rise from the golden hills of the West. We will rise from the windswept Northeast where our forefathers first realized revolution. We will rise from the lake -rimmed cities of the Midwestern states. We will rise from the sun -baked South. We will rebuild, reconcile, and recover. And every known nook of our nation and every corner called our country, our people diverse and beautiful, will emerge battered and beautiful. When day comes, we step out of the shade of flame and unafraid. The new dawn balloons as we free it. For there is always light, if only we're brave enough to see it. If only we're brave enough to be it. Amanda Gorman PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT JANUARY 25, 2021 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, January 25, 2021. 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 January 25, 2021 agenda, there will be ONE (1) public hearing item. 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, public hearing, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS 1. Email your WRITTEN comments to clerk2cityofseward.net no later than 2:00 p.m. on Monday, January 25, 2021. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. hi 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 clerkgciiyofseward.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, January 25, 2021. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both. • 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. 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. Attending via ZOOM Enter the following information in the Zoom app or on Zoom.com: Zoom App or www.zoom.us Or Telephone: US: +1 346 248 7799 or 833 548 0276 (Toll Free) Webinar ID: 920 8763 1127 Passcode: 563065 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting January 25, 2021 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Tony Baclaan Vice Mayor Term Expires 2022 Sue McClure Council Member Term Expires 2023 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Norm Regis Acting City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total speaking time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. City Manager Report ........................................ Pg. 4 C. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Chamber of Commerce Report by Jason Bickling ......................................................... Pg. 19 2. CARES Act Funding & Disbursement Report by Sam Hickok ................................................ Pg. 24 3. Year End Report for Providence Seward Medical Center by Robert Rang ............................ Pg. 25 4. Year End Report for Seward Community Health Center by Craig Ambrosiani D. Presentations — None City of Seward, Alaska Council Agenda January 25, 2021 Page I 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. Ordinance 2021-001, Amending Portions Of Seward City Code Chapters 5.01 And Chapter 5.05 — Budget To Create A More Timely, Robust, And Publicly -Involved BudgetProcess............................................................................ Pg. 27 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2021-006, Authorizing The City Manager To Enter Into A Consulting Services Contract With Cory Borgeson For Electric Management Services In An Amount Not To Exceed $37,500, And Appropriating Funds. This item was postponed from January 11, 2021.................................................................. Pg. 33 2. Mayor appoint two Council Members to the Tabulation Team for the city clerk evaluation. This item was postponed from January 11, 2021...................... Pg. 47 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2021-002, Amending Portions Of Seward City Code Chapter 3 - Personnel To Adjust The Pay Scale Cap And Annual Leave Accrual Rate As A Result Of The Classification And Compensation Study Conducted By GovHR USA, LLC.... ...............................................................................................................................Pg. 49 B. Resolutions *1. Resolution 2021-008, Establishing The City Of Seward's Calendar Year 2021 City Legislative Priorities..................................................................... Pg. 53 *2. Resolution 2021-009, Establishing The City Of Seward's Calendar Year 2021 State Legislative Priorities..................................................................... Pg. 58 *3. Resolution 2021-010, Establishing The City Of Seward's Calendar Year 2021 Federal Legislative Priorities.................................................................... Pg. 63 *4. Resolution 2021-011, Requesting That Governor Dunleavy Direct The Alaska Department Of Transportation To Maintain The State -Owned Airport Located In Seward, Alaska In A Timely Manner To Ensure Safe Winter Operating Conditions. .............................................................................................. Pg. 67 *5. Resolution 2021-012, Authorizing The City Manager To Enter Into An Additional Five -Year Lease Agreement With Chugach Regional Resources Commission For The Operation Of The Alutiiq Pride Shellfish Hatchery ................................. Pg. 71 *6. Resolution 2021-013, Authorizing The City Manager To Amend The Participation Agreement With The State Of Alaska Public Employees Retirement System (PERS) To Include The Chief Of Police Position In Participation ......................... Pg. 93 *7. Resolution 2021-014, Supporting The Continued Development Of The Alaska Long Trail From Seward To Fairbanks .................................................... Pg. 99 City of Seward, Alaska January 25, 2021 Council Agenda Page 2 `a *8. Resolution 2021-015, Authorizing The City Manager To Enter Into An Agreement With Electric Power Systems, Inc. To Repair And Upgrade The Control System For Generator 93 In The Amount Of $258,778, Plus Ten Percent Contingency Of $25,878, For A Total Not -To -Exceed $284,656, And Appropriating Funds. 108 *9. Resolution 2021-016, Confirming The Special Assessment Roll Of The Gateway Subdivision Improvement District And Providing For The Levy, Payment Terms, And Penalties Of The Special Assessment District, And Appropriating Funds. ......................................................................................... Pg. 113 C. Other New Business Items * 1. Approval of the December 14, 2020 City Council Special Meeting Minutes. Pg. 191 *2. Approval of the January 11, 2021 City Council Special Meeting Minutes.... Pg. 194 *3. Approval of the January 11, 2021 City Council Regular Meeting Minutes. Pg. 196 4.Schedule a work session to discuss a Code of Ethics for city officials.......... Pg. 211 5. Schedule a work session on February 8, 2021 to discuss the water/sewer rate study. ............................................................................................ Pg. 213 *6. Non -objection to the renewal of liquor license 93230 — Restaurant/Eating Place for Apollo Restaurant...................................................................... Pg. 214 7. Discuss the letter received from Chugachmiut seeking to purchase a portion of the Ft. Raymond property ..................................................................... Pg. 227 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. December, 2020 City and Providence Financials ................................ Pg. 230/280 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. ADJOURNMENT City of Seward, Alaska Council Agenda January 25, 2021 Page 3 CITY OF SEWARD Norm Regis P.O. BOX 167 Ph: (907) 224-4047 SEWARD, AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT January 25, 2021 The following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: 12/23/2020 City Clerk $11,135 Business license, permit, and inspection portal- RES 2020-067 12/23/2020 City Clerk $8,950 Recodification RES 2020-040 12/29/2020 Fire Dept. $5,365 PCB Assy display board replacement 12/29/2020 Police Dept. $8,975 Office furniture for squad room, LT/Sgt and Admin offices 1/12/2021 City Clerk $5,500 Municode online services 1/13/2021 City Clerk $14,196 City calendar advertising- RES 2019- 117 1/14/2021 Parks and Rec $5,840 Mary Lowell monument City of Seward Personnel Transactions Separations: Department: Date of Separation: None New Hires: Department: Date of Hire: Parks & Campground Operation Supervisor SPRD 01/12/2021 Library Museum Program Coordinator Library 01/26/2021 Police Lieutenant Police 01/12/2021 Available Full Time Positions: Department: Position Status: Corrections Officer Police Advertising Since 11/29/2018 Patrol Officer Recruit Police Advertising Since 01/27/2020 Community Development Planner Community Dev Advertising Since 10/07/2020 Harbor Admin Harbor Advertising Since 11/09/2020 City Manager Administration Advertising Since 12/02/2020 Electric Operations Supervisor Electric Advertising Since 12/03/2020 Available Seasonal Positions: Department: Position Status: None Corrections Officer position was two positions. One has been filled with one still open. FINANCE • Finance is now implementing the results of the wage study including updating employee pay rates, job title changes, updating the pay scale in the accounting system, and preparing to review job descriptions with administration, Human Resources Officer, department heads, and GovHR. • Payroll and accounts payable are preparing annual W2s and 1099s for employees and contractors for tax year 2020 to be sent out by the end of this month. • We are beginning to prepare for the annual audit for FY2020. Audit field work is slated to be the weeks of March 151h and March 22na HARBOR Harbormaster: Norm Regis • The SMIC yard is still a couple of boats from being full. We have opened another section of the boat yard for vessel storage. • The water in the harbor has been turned off. There is signage throughout the harbor notifying where the winter water locations are. • The 50-ton lifts have slowed down. The entire harbor crew is working as we have adjusted to COVID-19 issues/mandates while continuing to do boat lifts. • The crew is continuing to clean up the last 2 lots at SMIC. This could take some time, but we are making headway. • The harbor crew has been clearing a lot of snow in the harbor and at SMIC • The harbor has done several boat lifts the past two weeks • The fish cleaning stations are closed for the winter. • The harbor office is short one staff. • We have upgraded to the new software and are still working through some minor issues. • The harbor office will be closed on Sundays. Any phone messages received on Sundays are being monitored and responded to by the Sunday harbor crew. 0 The office staff has been busy with the continuation of 2021 moorage renewals. PARKS & RECREATION Director: Tyler Florence MISSION Preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations. COVID-19 RESPONSE • Programs and services maybe impacted by COVID-19. Please check program pages or contact us for the latest updates. • AVTEC has closed the gym (aka Student Services Center) to the public until further notice. GENERAL Williams Campground Restroom Project R&M Consultants has begun work on the preliminary design and cost estimate. Mary Lowell Grave Marker Marker has been ordered. No timeframe on install yet. Ice Rink We're experimenting with setting up an artificial ice rink at the Forest Acres Basketball Court. Initial site prep is underway. The intent is to test the feasibility of setting up and maintaining such a facility in Seward's dynamic weather conditions by trying various design methods. Discontinuation of Snow Clearing & Ice Resurfacing at 2nd Lake We are no longer performing snow clearing and ice resurfacing services at 2nd Lake. These services were provided in the past in order to support recreational ice skating. However, after consulting with fellow recreation colleagues throughout the state, the city attorney, AMLJIA, and carefully reviewing the risks, mitigation requirements, and available resources, we have determined that we are unable to provide the level of controls necessary to reduce the inherent risks involved, including a significant risk of drowning and death, to an acceptable level. We are dedicated to expanding winter time programming and have continued to do so by assisting the Nordic Ski Club with ski events, providing winter equipment rentals, organizing Drive-in Movie Nights, developing an artificial ice rink, and more. UTILIZATION: December 30 — December 14 Campground Rentals 32 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 RV and tent sites. Reserve your site today on Campspot visit our campground page for more details: hltps ://www. c ilyofseward.us/departments/parks-recreation/campgrounds • Winter camping is in effect. SPORTS & RECREATION Visit RecDesk to view our current program offerings: hlt2s://seward.recdesk.com/Communily/Home /Home SEWARD COMMUNITY LIBRARY & MUSEUM Director: Valarie Kingsland SPECIAL BUILDING REPORT A leak in the Museum Secured Storage is scheduled for repair in late January, which will take 1-2 days. Exact dates to be determined. We're working with our nonprofit partners, the Resurrection Bay Historical Society and the Seward Community Library Association, whose collections are entrusted to our care, to move their valuable historical objects and archives out of Secured Storage for the repair. We will hold Zoom meetings with our partners to plan and organize the move of collections. The Museum will be closed and unavailable to appointments during the repairs and while collections are temporarily stored in the exhibit area. The repair work is not expected to impact Library operations, but we will send out a press release if it turns out it will. Updates will be posted to our website at www.cityofseward.us/libmus. Contact Director Kingsland at vkin _ slg andgcityofseward.net or 907-224-4008 with any questions. 100% Committed to Serving Seward Safely! COVID-19 PRECAUTIONS • Universal Face Coverings (free masks available while supplies last) • Social Distancing • Hygienic Practices • Minimal Contact Time • No COVID-19 symptoms LIBRARY & MUSEUM SERVICES Note hours and services are subject to change as the COVID-19 situation and staff capacity changes. Visit www.cityofseward.us/libmus for updates. Contact us at 907-224-4082 or email libmusgcityofseward.net. • Library: Tues-Sat, 1 lam-8pm for walk in, curbside delivery, and appointment services. • Museum: Tues-Thurs, llam-5pm by appointment and Fri -Sat, noon-5pm. Free winter admission. • Free WiFi 24/7 outside the building, no password. Grab-N-Go services • Library Browsing & Borrowing: New books, videos and board games available! Contact us for curbside delivery. • Public Access Computers (45 min. max) • Copy/Fax/Print/Scan • Notary Public • Take Home Craft Kits (limited supply) Services by Appointment • Passport Acceptance (limited appointment availability; expect long processing delays) • Research Room and Community Room use (call or email for details) OPEN HALF DAY HOURS: Staff Training and Work Day First Tuesday of the Month, February - May • Tues, Feb 2: 3-8pm • Tues, March 2, 3-8pm • Tues, April 6, 3-8pm • Tues, May 4, 3-8pm FEBRUARY STAFF TRAINING: Cultural Humility Staff will take part in an online InfoPeople Cultural Humility in Public Libraries: Colleagues & Customers, Feb 2-22. This three-week course will introduce cultural humility as a concept for professional practice and explore personal identity and culture and how they translate to a deliberate practice of cultural humility in the workplace. This training is paid for by a Project READY mini -grant from the Alaska State Library. lam.alaska.gov/EDI/ProjectREADY/AK FOOD DONATION BIN and FREECYCLE BIN A dry Food Donation Bin is located at the top of the stairs to the library. Canned and dry food left in this bin is donated to our local He Who Will Provide Food Bank. A Freecycle Bin is located nearby for free reusable material such as grocery bags, mailing envelopes, packing supplies, paper and containers in order to promote sustainable living in Seward. TAKE HOME CRAFT/ACTIVITY KITS 2" and 4" Saturdays - Previously Released Kits Craft/Activity kits continue as we give away previously made kits starting the 2nd and 4th Saturday of the month. Craft kits for various ages will be available to pick up while supplies last. Kits include age -appropriate information, activities, and crafts related to a theme. Adult supervision recommended. WINTER BOOK READS Monthly at Your Own Pace January: Eleanor Oliphant is Completely Fine by Gail Honeyman New for 2021! Join us for a Community Book Read each month through April. Recommendations for future readings welcome! "Meet Eleanor Oliphant: she struggles with appropriate social skills and tends to say exactly what she's thinking. Smart, warm, uplifting, Eleanor Oliphant Is Completely Fine is the story of an out -of -the - ordinary heroine whose deadpan weirdness and unconscious wit make for an irresistible journey as she realizes ... the only way to survive is to open your heart." This award winning debut novel is set in Scotland. (=.goodreads.com/book/show/31434883-eleanor-oliphant-is-completely.). ALASKA'S 10 TO TRY READING CHALLENGE Dec 7 - April 15 Join this independent nationwide reading challenge with an Alaskan twist. This challenge encourages participants to read 10 books from 10 different genres by April 15, 2021. Online registration is open statewide to individuals, groups or families at alaska.beanstack.org/reader365, but isn't required to participate. Sponsored by the Alaska State Library. Pick up a checklist and some books at the library and get started! 1) Thrills & Chills 2) Fantasy, Science Fiction 3) Historical Fiction 4) Banned Books 5) Graphic Novels 6) Alaskana 7) Award Winner 8) Biography/Memoir 9) Travel 10) Humor NOW HIRING Program Coordinator: Tues-Sat, 9am-6pm (year-round full-time at 40 hours per week) (note pending hire) Library Museum Aide: Tues-Sat, 2-8pm (year-round part-time at 25 hours per week) For more information, visit the City of Seward Employment Opportunities web page at www.cilyofseward.us/departments/personnel-hr/employment-opportunities. Open till filled. PUBLIC WORKS • The Water/Sewer Rate Study is planning for a Council Work Session on February 8th. After, the new rate tariffs will be brought forward for approval on February 22nd. New tariffs would go into effect on April 15, 2020. • Meetings continue with the USACE for the tentatively selected plan. Once the plan is selected it then goes to national USACE for approval, then must make it through federal funding programs to secure the necessary funds to start construction. • Many, many hours are quickly adding up as the wet snow kept coming one storm after another. The snow piles are getting higher and higher around town. Now we are having to get ready for rain and try to open frozen storm drains, culverts and ditches. Thank you to all for your patience. If we miss your berm at your driveway, please don't be upset. Just call us at 224-4058. If no answer, just leave a message so we can get you taken care of. • We have had several snow avalanches on Lowell Point Road already in 2021. Be aware that avalanches that happen after dark may not be cleared until daylight the next day. The safety watchmen simply cannot see up the mountain to provide slide info to the equipment operator. Several years ago, one of our operators and a loader were buried in one of those snow slides. Fortunately, he made it through the ordeal in good shape. We need to be as safe as possible with our operators and on -site personnel especially during these hazardous situations. Culvert under the one lane bridge on LP Road looks good. 01/15/21 • To answer the request question from the Mayor at the last council meeting about DEC inconsistencies at the sewer lagoon: At times, sewer lagoons have minor exceedances on testing results. DEC permits require us to report to them directly and include them (with comments if necessary) on our monthly DMR Reports. We do follow those permit requirements and reported them properly as shown on the DEC online graph presented last week as a laydown. As far as what L. Paquette's call said about our consultant and BOD's, maybe she mis-read his letter? He didn't say that about BOD's, he stated that the DO (Dissolved Oxygen) levels had remained within permit. -see the last sentence in paragraph 5 of his letter. I would be happy to discuss further, even personally when needed. ELECTRIC • The department has two personnel actions to report: o Robin Montgomery, Utility Manager, started on January 19, 2021. Rob has over 20 years of utility experience working for South Carolina Electric & Gas Company and the Tennessee Valley Authority. TVA provides electricity for business customers and local power distribution cooperatives serving 9 million people in parts of seven southeastern states. He has significant management experience and has participated in developing crisis response plans and been involved with many aspects of utility efforts. Rob will bring utility experience and leadership to the department and will continue the efforts started last June by the Interim Manager. Rob has a bachelor's degree from the University of South Carolina but had spent his high school years in Fairbanks, Alaska. A few years back he and his wife relocated to Seward from South Carolina after purchasing a local tourist cabin business. o Since October of 2020, Robert Larson has been working as a temporary employee as our field engineer handling the applications and designs for new services. Mr. Larson worked for many years in the new services area at Snohomish PUD in Washington. In 2018, he worked as a seasonal field engineer for Homer Electric. Mr. Larson will be gone for the month of March, but will return and work thru the season while we continue to look for a permanent field engineer. 10 • The 2021 Electric Rates and Charges has been updated and published. All tariff Rates and Charges were increased by 1.2 percent which was determined in accordance with the Seward Utility Tariff. A copy of the tariff is included at the end of the CMR. • The cost of power charge that changes monthly based on charges from Chugach Electric is set to drop from .09902 cents/kwh to .07198 cents/kwh. This is a 27% drop. This will cement Seward as lowest cost utility in the Railbelt. I will update the utility comparison and provide it to the Council at the January 25th meeting. • At the January 1 lth City Council Meeting, there was a discussion of line losses and the need for a utility audit. Line losses in the utility industry generally describes losses that occur naturally as power is sent down transmission lines and then spread out to distribution lines. In Alaska, a utility in the Railbelt generally expects losses between 2.5 - 3 percent on transmission lines and 5 percent on distribution lines. Poorly loaded transformers and unmetered streetlights, power theft and billing errors could look like line losses. Large commercial customers who have a power factor that is much less than 1 can also account for a discrepancy in power purchased from Chugach and power sold to Seward Customers. Chugach is preparing a spread sheet showing KWH sold to us from the 15th of the month to the 15th of the next month so we can match up the numbers to our billings that go from the 15th of each month. • A listing of every customer who has used 2000 kwh or more in a month in the past year has been generated. There are just under 200 such customers. We will ensure each customer has a demand meter. We are in the process of revising the demand meter policy reducing the threshold for placement of a demand meter from 7,500 kwh/month to 2,000 kwh/month. We will verify that every commercial customer who generates 25kw or more is being charged a demand charge which conforms with our Tariff. We should have enough demand meters in the warehouse to accomplish the placement of demand meters under the new policy. • When National Metering Company replaced all meters three years ago, they generated pictures, GPS orientation and documentation of all meters installed. The electric utility has documentation of all meters installed since the meter exchange. This documentation is available for any council member to see and could be viewed by residents making a FOIA request. • The management of the Electric Department stands ready to assist and support an audit of the utility. is Electric Rates & Charges 98 im ELECTRIC RATES & CHARGES RATES FOR ELECTRICAL POWER BY CLASS OF SERVICE Class of Service Seward Utility Charge Demand Charge Customer Charge /kWh /kW Residential Base rate: $.0964 Summer* $0.1186 NIA $22.10 Winter* $0.0820 NIA Small General Service Base rate: $J 103 (Less than 25 kW) Summer* $0,1269 N:'A $42.22 Winter* $0.0927 NIA Boat Harbor (Less than 25 kW) $.1103/kWh NA $42.22 Large General Service $0.0761 (1`t 200 kWh/kW) $26.93** $44.23 $0.0264(Additional kWh) $9.94 (175 watts) $ I4.75 (250 watts) Yard Lights N/A NIA $28.09 (400 watts) $70.21 (1000 watts) LED equivalent = (1 '2 of cost Metered Street Lights $0.1464 N/A $4423 These rates arc based, in part, on the cost of energy and demand from Chugach Electric Association (CEA) and will change when there is an adjustment to CEA rates charged to the City of Seward. * Summer is defined to mean the period from April 15 through October 15 with Winter defined as the remainder of the year. ** Demand Charges will be based on the maximum demand recorded over a 15-minute period. Effective January 1, 2012 and each January 1" thereajer, rates itill be adjusted based on a five year average of the cost of living as stated in the consumer price indec, all items, 1982-84 —100 far urban wage earners and clerical workers, Anchorage, .flasks area, as published by the US Department of Labor, Bureau of Labor Statistics. (NOTE. 11112014 utilizes CPI Data fiwm 2007-2011). 99 13 A Small General Service customer may elect to be billed under the Large General Service schedule. However, the election to change the billing rate from one customer group to another may not be made more often than once every 12 months. Definitions And Miscellaneous Charges System delivery charge: A system delivery Charge (SDC) of $28.75 will be applied to any service that uses less than 150 kWh/mouth, whether or not electric service is used. This replaces the Seward Utility energy charge and the Cost of Power Adjustment, and is subject to proration. SDC under this schedule is an addition to the customer charge and is based on a monthly usage of 150 kWh tithes the energy rate and the COPA. Absent an active customer the registered property owner will be billed this monthly minimum charge. Cost of Power Adjustment (COPA): The Cost of Power adjustment charge from the Power Provider is a direct pass -through of the monthly total Power bill, including fuel costs, energy charges, customer charges, demand charges, and other miscellaneous adjustments, prorated according to the number of kilowatt hours the Seward Electrical Utility customers consumed during the billing period. The monthly rate for CODA may be modified as frequently as monthly, or through the use of a balancing account intended to reduce rate fluctuations. Seward Fuel Adjustment: The Seward Fuel Adjustment cost may be included in the CODA in the event The City operates the standby generation plant, including fuel, Iabor, maintenance and repair when the cost exceeds the amount budgeted. The cost will be prorated according to the number of kWh the customers consumed during the billing period. Special Contracts: Special contracts may be negotiated by the Utilities Manager with customers that have a demand in excess of 750 kW or that have unique power requirements that cannot be reasonably addressed by the large general service tariff. Special contracts may include, but are not limited to, provisions for instantaneous demand charges, time of service, interruptible power, minimum and maximum demand, adjustment of demand level, ownership and payment of new distribution facilities, termination charges and power factor. Special contracts must be approved by the City Council. VAR Change (Power Factor Adjustment): All schedules requiring demand metering will be subject to the Mowing power factor adjustment provisions- (1) Demand -metered customer should attempt to maintain a unity power factor. If the power factor falls below ninety percent lagging, the customer will take corrective steps to return the power factor to ninety percent or higher. Also, the following charge for billed kilowatts will apply: Monthly Billing Demand = Maximum Demand x 0% Actual Power Factor (2) All power factor adjustment equipment installed by the customer must be approved by the city. Power factor can be determined by permanently installed monitoring equipment or by periodic testing at reasonable intervals, at the discretion of the City. Standby Generation: The cost of operating the standby generation plant to meet a specific customer's need will be charged directly to that customer. Such cost will be the total cost of operating the plant, 10o 14 including fuel, labor, overtime, maintenance, repair and overhead, less the value of energy generated in excess of customer's need. Other Miscellaneous Fees and Charges: Fees and charges for existing facilities can be found on the following pages, as well as engineering service fees and charges for new facilities. Fees are listed according to service zones as follows: ZONE I Inside City Limits (excluding the Small Boat Harbor). ZONE II City limits to Mite 12, Seward Highway, and all roads connecting to the highway within this area. ZONE III Mile 12 to Lawing. APUC Regulatory Cost Charge: A special surcharge of S0.000626/kWh unposed on electrical utilities by the Regulatory Commission of Alaska (RCA) in response to the state's intent to assess user fees to support activities of the RCA and departments. This charge was recommended by the RCA as a pass through charge to retail utilities customers. Alternative Power Rebate: kWh generated by an alternative power source will be deducted from the kWh supplied by the City of Seward distribution system on a per month basis. Any excess energy generated and placed onto the City's distribution system will be credited at the non -firm avoided cost rate established by the Regulatory Commission of Alaska. (Resolution 2014-047, Effective June 7, 2014) ,01 W EXISTING FACILITIES SCHEDULE OF FEES AND CHARGES Service Zone I Zone H Zone III Meter Testing, per test, when results determined meter is accurate 75.75 I06.06 136.33 Reconnection to approved existing meter installation 30.30 37.88 45.46 Reconnection to approved existing meter installation outside regular business hours 212.11 257.52 302.98 New connection fee 22I.14 221.14 221.14 Minimum Deposit - Residential Account 121.54 121.54 121.54 Minimum Deposit - Commercial or Industrial Account 243.09 243.09 243.09 The larger of The larger of The larger of twice the twice the twice the Deposit - Interruptible, Off -Peale Account estimated estimated estimated monthly bill or monthly bill or monthly bill or $243.09 $243.09 $243.09 Tampering with or unauthorized breaking of meter seal $737.06 737.06 737.06 Per Annum interest on delinquent account 10.5% 10.5% 10.5% Door Hanger Fee 35.10 35.10 35.10 Monthly late fee on delinquent account 6.33 6.33 6.33 Dishonored check fee 39.59 39.59 39.59 Seasonal Turn -On Fee and Seasonal Turn -Off Fee $156.50 Turn- $156.50 Turn- $172.17Tum- (excludes brand new service; includes new account On On On name or same account name; waived if < 2 months $156.50 Turn- $156.50 Turn- $172.17Turn- between turn-off and turn -on) Off Off Off Reconnection during regular business hours following disconnection of delinquent account $57.32 $71.69 $86.03 Reconnection outside regular business hours following disconnection of delinquent account $200 74 243.72 287.79 Transmission Rate $7.84/kW - per $7.84/kW - $7.84/kW Month per Month per Month 102 ill NEW FACILITIES — ENGINEERING SERVICE CHARGES SCHEDULE OF FEES AND CHARGES Service Zone I Zone H Zone III Temporary secondary service $73.71 88.46 103.20 Primary Overhead Extensions (Residence) 73.71 88.46 103.20 Primary Underground Extensions (Residence) 73.71 88.46 103.20 Secondary service 73.71 88.46 103.20 Primary Overhead extensions (Subdivision, Mobile Home Park, Multi -Residence) 147.41 176.95 206.40 Primary Overhead Extensions (Commercial & Industrial) 294.83 353.80 383.28 Primary Underground Extensions (Commercial & Industrial) 294.83 353.80 383.28 Modifications of Existing Facilities 147.41 176.95 206.40 Street Lighting Systems and Yard Lights 73.71 88.46 103.20 NOTE: The Zone Fee or Charge is non-refundable until the service is connected. If the service is constructed and connected, the charge will be adjusted to the actual cost of engineering services. 103 17 Electric Utility CMR Update for Council Meeting of January 25, 2021 We have had Mike Hubbard of The Financial Engineering company prepare an analysis of our purchases from Chugach Electric and how much we have billed our customers. Please note that 2020 is partial data. I will have the information updated when the most recent data is developed. Energy Sales Residential Inside City Limits Outside City Limits Subtotal - Residential Small General Service Commercial - Inside City Limits Government- Inside City Limits Municipal - Inside City Limits Commercial - Outside City Limits Government - Outside City Limits Subtotal Harbor Subtotal - Small General Service Large General Service Large General Service With Demand Municipal - Inside City Limits Commercial - Inside City Limits Government - Inside City Limits Commercial - Outside City Limits Large General Service Special Contract Yard Lights Street Lights 2016 2017 2018 2019 2020 (Jan - Sept) 6,058,550 6,156,048 5,919,117 6,025,676 4,528,700 8,829,888 9,285,264 8,962,874 9,081,269 7,282,262 14,888,438 15,441,312 14,881,991 15,106,945 11,810,962 4,103,078 4,175,435 4,297,562 4,262,829 3,176,860 1,260,665 1,205,807 1,172,101 1,071,194 772,025 463,960 452,719 451,075 492,267 356,412 1,389, 966 1,457,190 1,452,184 1,773, 530 1,400, 393 204,770 202,005 187,474 178,582 120,458 7,422,439 7,493,156 7,560,396 7,778,402 5,826,148 1,988,069 1,708, 750 1,758,031 1,435, 260 1,243, 219 9,410,508 9,201,906 9,318,427 9,213,662 7,069,367 2,186,216 2,297,108 2,103,780 2,136,865 1,500,579 13,742,295 12, 690, 763 12, 482, 461 12,626,771 11,952,619 4,687,409 4,787,543 4,612,701 4,600,465 3,223,471 811,775 887,867 840,216 849,056 480,596 21,427,695 20,663,281 20,039,158 20,213,157 17,157,265 7,305,480 7,875,420 7,477,549 7,071,071 3,484,080 951 67.256 66.985 67.918 Total Energy Sales 53,103,072 53,249,175 51,784,110 51,672,753 39,566,083 CEA Purchases 59,063,143 59,803,146 57,477,702 56,705,627 42,929,688 Losses 5,960,071 6,553,971 5,693,592 5,032,874 3,363,605 Percent 10.1% 11.0°% 9 9°% 8 9°% 7 8°% 18 Chamber of Commerce — Executive Director Report January 25t", 2021 (Submitted January 19tn) *This report is going to be a little longer than usual as I did not report in December because of the 2nd meeting cancellation. Highlights from the end of 2020: Our Shop Small Saturday and Sunday and Cyber Monday FB Live Sale were both huge successes! We appreciate all of our participating businesses and the so many who generously donated raffle gifts. We've received a lot of positive feedback and we will definitely be using what we learned to continue to make these events better next year. On Tuesday, December 8t" AIDEA / AEA presentation: Tim Dillon from KPEDD asked me to put together a community presentation to Alan Weitzner (Alaska Industrial Development and Export Authority) http://www.aidea.org/ and Curtis Thayer (Alaska Energy Authority) http://www.akenergyauthority.org/. I had Christy Terry (Port/RR), Norm Regis (City/Harbor/SMIC), Tom Tougas (Tourism), Laura Schneider (Marine Industry), Cathy LeCompte (AVTEC), and myself. All presented on what we have done / are doing and what our future looks like (opportunities, hurdles, etc). The Seward Marine Front met on the December 3rd and discussed the marine piece — Laura did a great job presenting. The presentation lasted about 2 and a half hours and it went really well. Tim called me afterwards and said we knocked it out of the park. It will be good as both of those entities can help our community get to where we want to go with funding and partnerships. We had a great virtual Chamber Lunch on Thursday, December 10t" with presentations from Buy Alaska and Voyij. Current: NYE Fireworks: We've received overwhelming positive feedback on the NYE fireworks. There was a little static around it being named in the journal as "the first annual" meaning we are going to continue it annual and some people upset because of the perception that we were saying it was the first time we've had them (which we all know is not the case). We are super thankful for our sponsors — Harbor 360, Catalyst Marine, Forest Tides & Treasures, and Seward Properties. Website Progress. During the next couple months, we are going to be doing some heavy lifting on the website. We will be getting Simpleview all of the written content. Some of this we have already but much we do not. Kat will be heading this up along with some help from Aisha. We also have to procure a number of photos for the website as well. We built up our stock with Janessa Anderson over this last year. CARES Funds Program: For the Valentines Day Winter Weekend, we will be implementing the "Seward Spends" program where if people turn in $200 worth of receipts for discretionary spending at registered businesses (Things like clothing, sporting goods, food, tools, massages, are eligible. Things like groceries, fuel, utilities, rent, firewood, are not eligible) we will give them $100 in gift cards ($25 increments) to be able to spend at those businesses. We have $35,000 to put into the gift cards, so this accelerator should generate about $100,000 in spending locally. More details to come very soon. Page 1 19 KPTMC (Kenai Peninsula Tourism Marketing Council) Board Update: Having our Board Retreat here in Seward — Friday March 12 @ Harbor 360. Foraker Board Training: I had a call with Mike Walsh (VP of Foraker / Director of Public Policy) who will be doing our customized training. It was a discussion to get some background as to where we are at as an organization and our needs going forward. He should be getting some dates to choose from shortly. Cruise Industry Meetings: We've been having monthly meeting with some cruise industry folks that are involved specifically in Seward (Mike Tibbles, Lanie Downs, Jacob Lyons, Amy Haddow, Christy Terry, Debbie VanTassel, and some local health care people). These meetings are to monitor the CDC / Cruise Ship Lines interaction and to be able to respond locally with putting together pieces that will help the plans the cruise ships are required to have with each community come together more quickly. KPEDD Borough Economic Development Plan: I participated (as did some of you) in a virtual forum put on by KPEDD to get input on developing an Economic Development / Recovery plan for the borough. Nolan Klouda from UAA did a great presentation the state of the state economic status. It looks like the trajectory of climbing back out of the impacts of COVID, already being in a place of climbing out of a previous recession will be a 5-6 year process (job loss/unemployment wise). There are some great initiatives in that plan that will have positive impacts on our community. Great Alaskan Sportsmen Show (GASS). In our conversations on the KPTMC (many of the Board come from organizations that normally participate on that trade show), with the extension of Anchorage's emergency order, it is likely that show will not be held again this year. I'll keep you posted on that. We wrote a letter in support of Cook Inlet Aquaculture Association and opposing the Tutka Bay Hatchery closure that DNR is proposing in their last use plan. Visitor Guide: We have received a few copies here at the office. Feel free to drop by and check them out. We will let everyone know when we start getting the main shipments in so people can come by and pick them up. Additional Marketing: Now that we are done with the visitor guide, we are also working on developing some trade materials for both the Marine Industry and Conference/Wedding destination parts. Visitor Services: The visitor Center is still open during the week from 11 am — 3pm Monday — Friday and are closed on the weekends. Seward Marine Front: Our next meeting is scheduled for Thursday, February 4t". Here's what is currently on our Agenda. - scheduling next "all industry" meeting like we started out with last January - website / materials input (continued conversation) - purchasing domain names - marketing / advertising - PME / Other shows Page 2 20 Silver Salmon Derby: The 2021 SSD will be August 14t" — 22nd. We met on December 7t" and discussed what next summer may look like and what we need to do to make this event better this year. We will be making recommendations to the board in January and February for our 2021 event. Mount Marathon Race: Working on race/safety plans for the 2021 race. We will be getting specifics dialed in at the February meeting so that they can be in place for March registration. Calendar of Upcoming Events: 1/18 — Silver Salmon Derby Committee Meeting 1 /20 - PACAB Work session 1/22 — SBA/PPP Round 2 Call for Businesses 2/4 — Seward Marine Front Meeting 2/5 — Mount Marathon Committee Meeting 2/12-14 — Valentines Day Winter Weekend/Seward Spends Early March — Community Awards (hybrid event — part in person and part virtual) Reports from the Staff: COMMUNICATIONS REPORT: (Kat) Website o Starting the CMS and content creation for Simpleview site, about 130 pages to fill with content blurbs. Visitor Guide: 0 2021 design sign, sealed and delivered to print during week of 12/14 • Highlight Alaska Native voices and land acknowledgements, expand sections on public lands, expand seasonal itineraries with winter focus, added mountain biking to mountain adventures, updated maps to include Lowell Point, and so many more exciting changes! 0 Purchased another 1,000 leads from ATIA to send 2020 guide 0 2021 Visitor Guide is in and online for viewing. Latest —300 orders of VG will be sent the 2021 guide 0 Creating thank you package with guide for photographers who gave us photos for free 0 2020 guide recycled for free Advertising 0 Promoted New Year's fireworks through multiple channels, including social media and news o Creating advertising for Valentine's Day weekend, focusing on getting people to visit for the three-day weekend alongside $eward$pends Social Media/Content o Reaching near 11,000 followers on Instagram - posted our first "guide" -- a cool tool to show off some great digital shopping options o Taking advantage of the season to collect more wintery content o Crowdriff is onboarding, Aisha and I have done two of the trainings, Bethany on 1 -- onboarding her up to date quickly • Working on collecting new hashtags and rights approved photos • Should have first Crowdriff gallery up on site by next week • Navigating online vs phone posting with Bethany Page 3 21 MEMBERSHIP REPORT: (Aisha) • Total Active Members: 354 • Dropped/Frozen: (44) • New: o Jason's Guide Service (classic 1-4) o Resurrection Bay Sailing Charters (premium 1-4) o Cooper Landing Fishing Guide, LLC (classic 1-4) • Rejoined: o Cooper Landing Fish Camp (classic 1-4) o Seward Sea Treasures Inn (classic 1-4) o Coastal Heritage Properties (classic 1-4) o Coastal Heritage Accommodations (classic 1-4) • Prospective/Processing Members: o Home of Love ALH o Boreal Bay Soap Co. o D6 Thermal o U.S. Army o A to Z Construction Services o Seward Industrial o Seward Shuttle Service o Anchor + Summit Wellness • 2021 Member Decals mailed out w/ new branded thank you cards • December Virtual Chamber Lunch, via Zoom. - 12pm December 10 o Opportunities to partner and reach audiences (local and beyond) seeking Alaska products and experiences, with Katie Ashbaugh of SBDC's BuyAlaska Program & Olivia Klupar of www.Voyim.com. o Rewatch HERE SHOP SMALL WEEKEND (Nov 27-30) 0 Over 40 businesses including artists, makers, f&b and experience and lodging providers responded to our call for participation, and partnered with us for the weekend by hosting pop-up vendors, holding special events, running special promotions or online sales, donating to the #shopsmall raffle, or selling items in the Cyber Monday sale. 0 Promoted event through Facebook event and posts, flyer and poster distribution, Seward Journal poster placement, and on social with BuyAlaska. 0 Shop Small Weekend Facebook event page generated 166 responses, with 2,835 people reached 0 Very successful raffle with over 890 QR code scans, including (49) from the Chamber/AMEX #shopsmall booth at Sweet Darlings. 0 59% of shoppers indicated that they DID purchase something from the location of their QR scan. 0 Raffle donations went to 30 lucky shoppers. Cyber Monday Facebook Live Sale 0 Hosted via Facebook Live at the Mermaid Grotto Cafe & Boutique, MC'd by Tony Baclaan, with AV support by Kyle Comeau. Toni Henderson of Eight Arms printing provided on set event support. Cliff Krug of Forests, Tide & Treasures led initial outreach campaign. 0 Cyber Monday Facebook event page generated 78 event responses with 1578 people reached. Livestreams viewed over 3.4K times. 0 14 sellers sold products to 22 buyers, generating $1795.37 (tax incl.) in sales. Page 4 22 0 Contacted buyers to process credit card transactions (via Clover), and local buyers picked up items and #shopsmall swag from the Visitor Center, providing opportunities for staff to connect with community members. • 2021 Seward Visitor Guide o Advertising /listings sales finalized - generated $50,240 for Visitor Guide o Provided advertising design support to Parks and Rec for Seward Municipal Campgrounds ad, and Forests, Tides and Treasures for full -page directory ad. • Simpleview CRM/CMS o Supporting transition of content, listings and brand collateral to new platform o Developing robust amenities categories for new member listings o Bringing annual applications and processes online (ad sales, vendors, sponsors) 2021 Membership Survey development (to launch 1/15-2/1) (preview link: https://www.surveymonkey.com/r/Preview/?sm=ZkExZmKPR7FEG2Ca3lOrC 2Fi2w3bsMNmfyNgQ8bX mLeXH18DGfZABghrgibzAlbDg ) • Supporting Communications w/ o Crowdriff platform onboarding o `Valentine's Day' winter weekend strategy and promotions kick-off • Supporting Director w/ o "spending accelerator' program development o Bylaws and member code of conduct review/development Engaging partners for 2020 member programming, including o BuyAlaska social media planning group - providing local Seward content o PPP update w/ SBA 1/22/21 o RISQ business housekeeping webinar (Feb/March) o How to co -promote with the Seward Chamber member webinar (Jan/Feb) o AK SBDC - 4-part online class pack - will be available to members for the season o ATIA/AGA informational session (March/April) Beginning transition/goal setting/planning for membership director position into 2021 PROMOTIONS REPORT: (Marissa) SHOP SMALL WEEKEND /CYBER MONDAY COORDINATION (Nov 27-30) 0 Google participation form - over 40 businesses responded 0 Connected vendors with local businesses 0 American Express Neighborhood Champion - totes, stickers, swag, social media support 0 Individual graphics for each participating business 0 Event promotions - Graphics, flyers, posters + Social Media posts (IG & FB) 0 30 Raffle prizes - procurement, drop-off, selecting winners, pick-up/mailing Holiday promotions 0 Seward Holiday Gift Guide NYE promotions o Google participation form o FB Event posts / IG posts leading up to the event o New Year's Day -Open for Business graphic Nonprofit event support o Seward Cares (Homeless connection event) - flyers, social media & coordination o HYPER - Survey launch expected 1/18, promotion/social media support Page 5 23 C a E E W Z, 0 Q) 'C3 Sli a z W 6i �. 4 a w � =ra a J ru ug C R1 m H , O7 -J e � o E w G7 � m CC al t fA S } U5 aj CL — 4 6 U W } C O CL L C O � 4 4-U' w p Y -0 aj m - }, q4 r+ L) i 4� OJaj N 413 V5 �Lg C CL W 4- Ln b N 0 d++ C a CL 6n } qJ (A L U5 49 N Q) t C V 6. N -U [i L7 }, >. LV " w m V C] f79 CL -r- C v Qj r+ E � a ` as o 0 Z =� L9 C m as t° 0.1 �t - mLLJ �] a se � ai ` V w a C 4 = FYICDi W n � O w � H i ° t s can [03 ai n Providence- Seward Medical and Care Center Report to the City of Seward January 26, 2021 2020 Operational Highlights: In April and November, Providence Alaska organized a fund raiser for local food banks. Seward raised $29,970 in April and another $19,275 in November. These funds went to He Will Provide, our local food bank. Providence conducted the annual Partnership grants again in October. As with last year, $200,000 was awarded to local non-profit organizations that have projects that align with our Community Needs Assessment. This year's recipients were: Seward Prevention Coalition, Seward Community Health Center, Seward Area Hospice, Boy's and Girl's Club, and SeaView Community Services. Our sincere thanks to AVTEC for allowing us the use of their gym to set-up an Alternate Care site early in the Pandemic. With the uncertainty of how the virus would affect Seward, we set-up a 24-bed unit in their gym in April. Fortunately, we did not need the resource and was able to deactivate just prior to school starting in September. Despite the challenges with the Pandemic, recruitment and retention efforts over the past year are showing results. We have decreased our Agency needs from 28 staff this time last year to now 16. Along with the improved work culture; we have made changes in our staffing models, offered sign -on bonuses and referral bonuses, utilized employee satisfaction surveys to address concerns, and conducted market adjustments for salaries. We are hiring a Security team. This is in response to concerns for patient and staff safety, following trends seen across the US for other small hospitals. We anticipate hiring and training to be completed by the end February and will provide 24/7 coverage for the organization. We have been fortunate during this the pandemic of not having any of our LTC residents affected. A few of our caregivers have tested positive. However, our Infection prevention measures, frequent testing, and other procedures have continued to be effective. We started our Specialty clinic about 4 months ago. This allows individuals in the community to get routine medication infusion locally, instead of going to Soldotna or Anchorage every week. As the program grows, we also hope to be able to offer Specialty clinic visits, such as: Audiology, ENT, Podiatry, colonoscopies, plus other visits and procedures. We are pursuing a partnership with Anchorage to potentially offer Home Health services here in Seward. Page 1 of 2 W Providence- Seward Medical and Care Center Report to the City of Seward January 26, 2021 2020 Finance Highlights: We had a profitable year, closing out 2020 with $23.7mil in gross revenue and $3.3mil after expenses. Compared to 2019: - ER volume was down about 30% - Inpatient volume was up by 27% - Rehab Services was increased by 8% We addressed some much needed capital equipment and other updates: - $300,000 in facility repairs/updates/upgrades (non -Capital) paid for out of operations - $125,000 in new equipment paid for by grants - $825,000 in new capital equipment paid for by capital fund - $400,000 in new equipment financed through capital leases These include: - resurfacing of the parking lots at both campuses - repainting the exterior of the buildings. - purchase a new microscope for lab - replacing tables, mattresses and resident furniture at Mountain Haven - purchasing a new Ultrasound, and portable x-ray machine for the Imaging department - replacing the x-ray table (to be completed by April 2021) - purchasing a maintenance truck with a plow and sander - new ER stretchers - replace the outdated nurse call system in the hospital (install planned for March 2021) Other equipment purchased thru grants include: - a Transport van - an oxygen generator (to be installed in Summer of 2021) - Swallow study equipment for Rehab - Emergency Mgmt. equipment trailer Our PAMC liability continues to decrease. In January of 2019 it was $6.1mil. We closed out December of 2020 with just over $2.5mil remaining. If trends continue, we anticipate having this debt resolved by year end. Thank you, Robert Rang, Administrator Providence Seward Medical and Care Center Page 2 of 2 41 Sponsored by: Mayor Terry Introduction Date: January 11, 2021 Public Hearing Date: January 25, 2021 Enactment Date: January 25, 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE CHAPTER 5.05 — BUDGET TO CREATE A MORE TIMELY, ROBUST, AND PUBLICLY -INVOLVED BUDGET PROCESS WHEREAS, in 2010, the City of Seward transitioned to having a biennial budget; and WHEREAS, the budget process is one of the key events the City conducts during which the public's involvement is critical; and WHEREAS, good public participation practices help governments, in general, to be more accountable and responsive to their communities, and also help to improve the public's perception of governmental performance and the value the public receives from their government; and WHEREAS, the budget, as an instrument, should accomplish all of the following: • weighs policy priorities against available public resources • specifies the ways and means of providing public programs and services • establishes the cost of programs and the criteria by which these programs will be evaluated for efficiency and effectiveness • ensures that programs will be evaluated at least once each budget cycle • redistributes income • provides the government with a spending limitation; and, • provides transparency by which the government may be held accountable at the end of each budget cycle; and WHEREAS, developing the budget is more than just number crunching — the budget is a reflection of the community's strategic plan, and should consider the needs and priorities of all stakeholders, from citizens and business leaders to employees and government officials; and WHEREAS, developing a more timely, robust and transparent budget process will improve the City's credibility and trust within the community. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: (Deletions are ; Additions are italicized, underlined, and bolded.) 27 CITY OF SEWARD, ALASKA ORDINANCE 2021-001 Section 1. Seward City Code Chapter 5.01 — Fiscal Year is hereby amended to read as follows: 5.01.010. - Fiscal year. , 2000, The fiscal year of the city shall begin on January 1 of each year. Section 2. Seward City Code Chapter 5.05 — Budget is hereby amended to read as follows: 5.05.005 — Budget assumptions. The City of Seward operates on a traditional biennial budget beginning on January I" and (b) By the first Friday in September of each even year the city manager shall present to the council an overview of preliminary budget assumptions for a budget period containing the next two fiscal years. These preliminary budget assumptions will address, by fund, revenue proiections, tax and utility rates, program additions or deletions, wages and benefits, and anv other issues having potential effects upon the City's overall financial condition. 5.05.010. — Budget proposal. a,•b,.., issio,,.; a ,,.tents. (a) The city manager shall present to the council a budget proposal for the next two fiscal years of the city at least 45 days prior to the next biennial fiscal year. Such budget proposal shall set forth the city manager's recommended tax rate based on an analysis of the anticipated income and expenditures of the city for the next two fiscal years. b) The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. (c) Unencumbered funds remaining at the end of each fiscal year may be reallocated for purposes set forth in the budget proposal. (d) Sir year program for capital improvements. (1) The city manager shall submit a six year program for capital improvements for the following six fiscal years with each budget proposal. The program shall include estimates of the effect of capital improvement proiects on maintenance, operation, and personnel costs. (2) The proposed capital budget will be presented by the city manager as a separate section of the biennial budget. The capital budget shall show expenditures during the ensuing budget period, detailed by offices, departments and agencies, when practicable, and the proposed method of financing each such capital expenditure. (e) The council shall by June 15 of each year present to the borough assembly a statement of the city's rate of levy, unless a different date is agreed upon by the borough and city. 28 CITY OF SEWARD, ALASKA ORDINANCE 2021-001 5.05.015. - Review; hearing; adoption. (a) Review. The budget proposal of the city manager shall be reviewed by the council and shall be available for public inspection in the office of the city clerk. Except as provided by SCC 2.92.090, or by other provisions of city, state, or federal law, the public shall be given full, free, and unrestricted access to all municipal documents and records, including drafts, Prepared by or for the city or city council in connection with annual operating and capital budgets. Public access to budget preparation materials shall not be restricted or denied by any city official or employee on the basis of any claim of executive or deliberative process privilege. (b) Hearing. Council shall direct that u at least two public hearings on the biennial budget proposal, the first public hearing shall be held no sooner than fourteen (14) days after the budget is presented to council. The second public hearing shall be held not less than one week before its final adoption. Notice of the public hearings shall be published in a newspaper by the city clerk at least one week prior to the date of each hearing. (c) Adoption. At a regular meeting held not less than ten days prior to the end of the even fiscal year, the council shall, by resolution, adopt a budget for the next two fiscal years and make appropriation of the money needed therefore. If the council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, the budget proposal as presented to the council by the city manager shall be deemed to be the budget for that fiscal vear and shall be held to make an appropriation therefor without anv further council action. . .................. �.. w. �. w., .. ..w.. �. ....w . ...w... w.. rr...r..w.. ....... .., 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 25th day of January, 2021. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 29 Agenda Statement Meeting Date: January 11, 2021 To: City Council From: Mayor Terry Agenda Item: Ordinance 2020-001, Amending Portions Of Seward City Code Chapter 5.05 Budget To Create A More Timely, Robust, And Publicly -Involved Budget Process BACKGROUND & JUSTIFICATION: In 2010, the City of Seward transitioned to having a biennial budget. The budget process is complex and involved, and should not be an expedited process; rather, it should be conducted incrementally and progressively to ensure adequate input from all parties. It is critically important that the public be involved in the process, that the review and development of the budget be transparent, and that the members of the city council have the utmost confidence in their understanding of all components of the budget when voting to approve it. Establishing a more predictable schedule and clarifying expectations for everyone will facilitate the process and result in a more satisfactory outcome. INTENT: To develop a more timely, robust and transparent budget process will improve the City's credibility and trust within the community. CONSISTENCY CHECKLIST: 1. 1 Comprehensive Plan (document source here): Strategic Plan (document source here): 3. 1 Other (list): Seward Charter FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department: Yes No j N/A x x x 011 ATTORNEY REVIEW: Yes � Not Applicable Edits from City Attorney have been included in the Ordinance being presented. RECOMMENDATION: Enact Ordinance 2020-001 Kai Seward Charter Chapter 6. - Budget Procedure and General Finance Provisions 6.1. - Fiscal year. The fiscal year of the city shall be set by City Code. 6.2. - Budget statement of city manager. During or prior to the third week in November of every even year, the city manager shall present to the council a budget proposal for the next two years (an odd and even year) of the city. Such budget proposal shall set forth the city managers recommendations concerning, and an analysis of, the anticipated income and expenditures of the city during the next two years, and shall be presented to the council within 45 days of the end of the "even year" fiscal year. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. Unencumbered funds remaining at the end of the first year may be reallocated for purposes set forth in the budget proposal. 6.3. - Budget adoption procedure. (a) The budget proposal of the city manager shall be reviewed by the council and shall be available for public inspection in the office of the city clerk. (b) The council shall direct that a public hearing on the budget proposal shall be held not less than one week before its final adoption. A notice of the public hearing shall be published in a newspaper by the city clerk at least one week prior to the date of hearing. (c) At a regular meeting held not less than ten days prior to the end of the "even year" fiscal year, the council shall, by resolution, adopt a budget for the following two years and make an appropriation of the money needed therefor. (d) If the council does not adopt a budget prior to the third day preceding the commencement of the next fiscal year, the budget proposal as presented to the council by the city manager shall be deemed to be the budget for that fiscal year and shall be held to make an appropriation therefor without any further council action. 6.4. - Budget control. (a) Unencumbered appropriation balances may be transferred as provided in the Code and in accordance with generally accepted governmental accounting practices. (b) The city manager shall submit periodically to the council information comparing estimated and actual revenues and expenditures to the end of the preceding month. 6.5. - Withdrawal of funds. (a) All funds drawn from the treasury shall be drawn pursuant to the authority and appropriation of the council. 6.6 - Independent audit. An independent audit shall be made of all accounts of the city at least annually, and more frequently if deemed necessary by the council. The annual audit shall be made by certified public accountants employed by the council and shall be completed within one hundred twenty days following the close of the fiscal year. The comprehensive annual financial report shall be presented to the council at a public meeting within thirty days after completion of the audit. Kea Sponsored by: Regis Amended: January 11, 2021 Postponed: January 11, 2021 CITY OF SEWARD, ALASKA RESOLUTION 2021-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTING SERVICES CONTRACT WITH CORY BORGESON FOR ELECTRIC MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $37,500, AND APPROPRIATING FUNDS WHEREAS, the City has hired a new, permanent Electric Utility Director who will start on January 19, 2021; and WHEREAS, Cory Borgeson has been working as the Interim Electric Utility Director since June, 2020 and his contract will end on January 28, 2021; and WHEREAS, Borgeson has been integrally involved in several ongoing projects for the City and his expertise has been invaluable; and WHEREAS, the City sees great benefit in continuing to have access to Borgeson's professional expertise to see through these important projects, as well as to assist with onboarding the new director; and WHEREAS, both the City and Borgeson desire to continue the relationship by transitioning to an hourly consulting contract; and WHEREAS, the amount of $37,500 will cover up to 150 hours of consulting services, plus travel and incidentals, at the hourly rate including costs as set out in the Independent Consulting Agreement attached herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is authorized to enter into a contract with Cory Borgeson as Borgeson & Associates for professional consulting services for the Electric Utility Department in an amount not to exceed $37,500 for the calendar year 2021. Section 2. Funding for this contract is hereby appropriated from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000-3000-7009. Section 3. This resolution shall take effect immediately upon adoption. 33 Agenda Statement Meeting Date: January 11, 2021 To: City Council From: Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Agenda Item: A Resolution of the City Council of The City of Seward, Alaska, to enter into a Consulting Services Agreement with Cory Borgeson to continue work for calendar year 2021 on an hourly basis as needed by the Seward Electric Department, and appropriating funds. BACKGROUND & JUSTIFICATION: Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department and has been successful in carrying out the goals and objectives of the department. The Electric Manager position has been filled by Robin Montgomery who will be starting January 19, 2021. Currently, there are two positions that are vacant at the EIectric Department. Both the Field Engineer and the Operations Supervisor are currently being recruited. The proposed agreement with Borgeson will help with the numerous efforts currently underway with the Department. Under the terms of the contract, Borgeson will provide services as directed by the Electric Department Director at approximately 300 hours per year. These services will be compensated at $245 per hour. These services include any necessary work to finish the ongoing rate case, negotiation of a Power Sales Agreement, and implementation of the new right-of-way clearing policy_ Borgeson will also be able to provide general assistance to the Electric Utility while continuing his work in the area of safety and reliability as well as finishing up the efforts to bring electric service to the Camelot Subdivision. The 300 hours may be increased with the consent of the City Manager. The requested funding of $75,000 will allow for the contract to be funded thru calendar year 2021. The contract is attached to this Agenda Statement. INTENT: To authorize the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson that is identical with the agreement included with this statement. CONSISTENCY CHECKLIST: 1. Comprehensive Plan: Yes No NIA 2. Strategic Plan: 3. Other: 34 FISCAL NOTE: Funding for this contract will be appropriated from reserves to the contracted services account no. 15000-3000-7009. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable 0 0 6 RECOMMENDATION: For City Council to approve Resolution 2021 , authorizing the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson, to provide services to the Electric Department for an amount not -to exceed $75,000. KI INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement ("Agreement") are Cory R. Borgeson ("Borgeson and Associates") and the City of Seward (the "City"). WHEREAS, the Manager position of the Electric Utility of the City was vacant in June of 2020 and Borgeson who had experience managing an electric utility in Alaska having been the Chief Executive Officer of Golden Valley Electric Association ("GVEA") in Fairbanks, Alaska since June 2012, and before that represented GVEA as legal counsel since 1989; WHEREAS, Borgeson filled in as the Acting Interim Utility Manager from June of 2020 tll Janaury of 2021 but is willing to do work on a consulting basis from time to time payable hourly; and WHEREAS, the City Electric Department desires to contract with Borgeson for this purpose. NOW, THEREFORE, the City of Seward and Cory R. Borgeson agree as follows: 1. Scope of Professional Services Borgeson will provide services as directed by the Electric Department Director up to 150 hours per year. These services include any necessary work to finish the ongoing rate case, negotiation of a Power Sales Agreement in light of the end of the Chugach Power Sales Agreement work with the Bradley lake Project Management Committee, and other assignments as the Director of the Utility may deem appropriate. The 150 hours may be increased with the consent of the City Manager. 2. Independent Contractor Status It is the intent of Borgeson and the City Electric Department that Borgeson is an independent contractor and not an employee of the City. 3. Fees for Services Borgeson will invoice the City for his services at the rate of $245.00 per hour and will submit monthly billings. Direct out-of-pocket expenses shall be charged at actual costs. Borgeson will not charge for travel time to Seward if travel is necessary but will be reimbursed the costs of travel, hotel and meals provided he has obtained prior approval for the travel. 00940475. DOCX Clerk's Note: The number of hours was amended from100 to 150, per City Council; typos were fixed. 4. Termination The City may terminate this Agreement at any time upon written notice. Borgeson shall provide the City thirty (30) days written notice of his intent to terminate the Agreement. 5. Assignment Borgeson may not assign or delegate this Agreement, or any part of it 6. Severability Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Choice of Law and Forum Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 8. Voluntary Execution Both parties represents and acknowledges that prior to signing this Agreement, they have read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. 9. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Borgeson, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. 00940475. DOCX 37 CITY OF SEWARD DATED: Its: DATED: Cory R. Borgeson 00940475. DOCX 38 Sponsored by: Regis Amended: January 11, 2021 Postponed: January 11, 2021 Substitute Resolution CITY OF SEWARD, ALASKA RESOLUTION 2021-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN HOURLY CONSULTING SERVICES CONTRACT WITH CORY BORGESON FOR ELECTRIC MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $37,500, AND APPROPRIATING FUNDS WHEREAS, the new, permanent Electric Utility Director has been hired and started on January 19, 2021; and WHEREAS, Cory Borgeson's Independent Contractor Agreement will end on January 28, 2021; and WHEREAS, Borgeson is willing to provide support with appropriate projects for the Seward Electric Utility on an hourly basis as directed by the Electric Utility Director under a Consulting Services Contract; and WHEREAS, both the City and Borgeson desire to continue Borgeson's efforts, as needed by the department; and WHEREAS, the amount of $37,500 will cover the hourly rate of $245 per hour at 150 hours and $750 costs as set out in the Independent Consulting Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is authorized to enter into a Consulting Services Contract with Cory Borgeson, as Borgeson & Associates, with funding being approved for calendar year 2021. Section 2. Funding for this contract is hereby appropriated from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000-3000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. 39 SUBSTITUTE Agenda Statement Meeting Date: January 25, 2021 To: City Council From: Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Agenda Item: A Resolution of the City Council of The City of Seward, Alaska, to enter into a Consulting Services Agreement with Cory Borgeson to continue work for calendar year 2021 on an hourly basis as needed by the Seward Electric Department, and appropriating funds. BACKGROUND & JUSTIFICATION: Since June 23, 2020, Borgeson has been the Manager of the Seward Electric Department, and has been successful in carrying out the goals and objectives of the department. The Electric Manager position has been filled by Robin Montgomery who will be starting January 19, 2021. There is a desire to have Borgeson assist in a smooth transition and to work on special projects. These services include any necessary work to finish the ongoing rate case, negotiation of a Power Sales Agreement, obtaining the permit renewal for the right-of-way for the transmission line thru the Chugach National Forest and implementation of the new right-of-way clearing policy. Borgeson will also be able to provide general assistance to the Electric Utility while continuing his work in the area of safety and reliability. Under the terms of the contract, Borgeson will provide services as directed by the Electric Department Director limited to 150 hours per year. These services will be compensated at $245 per hour. The 150 hours may be increased with the consent of the City Manager. The requested funding of $37,500 will allow for 150 hours to be funded thru calendar year 2021 leaving $750 for expenses. The contract is attached to this Agenda Statement. INTENT: To authorize the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson that is identical with the agreement included with this statement. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan: 2. Strategic Plan: 3. Other: 40 FISCAL NOTE: Funding for this contract will be appropriated from reserves to the contracted services account no. 15000-3001-7009. Approved by Finance Department: ATTORNEY REVIEW: Yes No I Not Applicable RECOMMENDATION: 0 0 6 For City Council to approve Resolution 2021-___._ , authorizing the Acting City Manager to enter into a Consulting Services Agreement with Cory Borgeson, to provide services to the Electric Department for an amount not -to exceed $37,500. to CONSULTING SERVICES CONTRACT RECITALS WHEREAS, the Manager position of the Electric Utility of the City was vacant in June of 2020 and Cory R. Borgeson ("Borgeson") had experience managing an electric utility in Alaska having been the Chief Executive Officer of Golden Valley Electric Association ("GVEA") in Fairbanks, Alaska since June 2012, and before that represented GVEA as legal counsel since 1989; and WHEREAS, Borgeson filled in as the Acting Interim Utility Manager from June of 2020 through January of 2021 but is willing to do work on a consulting basis from time to time payable hourly; and WHEREAS, the City of Seward desires to contract with Borgeson for the purposes set out below. NOW, THEREFORE, this Agreement is entered into this day of January 2021, by and between Cory Borgeson d/b/a Borgeson and Associates ("Consultant") and the City of Seward ("City"). For good and valuable consideration, the receipt whereof is hereby acknowledged, Consultant and City agree as follows: 1. Employment of Consultant. Consultant shall perform the following profession- al services ("the Work") in accordance with the provisions of this Agreement upon request of the Electric Department Director ("Director"): A. Completion of ongoing rate study. B. Negotiation of a long-term power sales agreement including solicitation of bids. C. Complete work on National Park Service transmission line permit renewal D. Work on safety and reliability projects. E. Other duties as assigned by the Director. 2. Term of Performance. This Agreement shall commence February 1, 2021 and shall terminate December 31, 2021 unless earlier terminated. This Agreement may be extended by mutual agreement of City and Consultant. Consulting services contract Page 1 of 5 EK 3. Fee. City shall pay Consultant as compensation for the services rendered under this Agreement at an hourly rate of two hundred forty-five dollars ($245) per hour plus reimbursement of all actual expenses incurred a sum not to exceed: Thirty -Seven Thousand Five Hundred Dollars ($37,500) inclusive of all meeting/travel costs and miscellaneous expenses. Direct out-of-pocket expenses shall be charged at actual costs. Consultant will not charge for travel time to Seward if travel is necessary but will be reimbursed the costs of travel, hotel and meals provided he has obtained prior approval for the travel. The amounts payable to Consultant shall not exceed the sums identified in this paragraph without the prior written approval of the City. Any duties assigned pursuant to paragraph 1(D) above shall be requested in writing by the Director. 4. Pam. City agrees to make payments to Consultant as services are performed and costs are incurred, provided Consultant submits a proper invoice for each payment, in such form accompanied by such evidence in support thereof as may be reasonably required by the City. 5. Services Supplied b�. City shall cooperate with Consultant and will make available information reasonably available to the City and relevant to the Work. 6. Independent Contractor Status. In performing under this Agreement, Consult- ant acts as an independent contractor and shall have responsibility for and control over the details and means for performing the services required hereunder. 7. Indemnification. Consultant shall defend and save harmless City or any employee or other representative thereof from and against losses, damages, liabilities, expenses, claims and demands arising out of any negligent act or negligent omission of Consultant while performing under the terms of this Agreement. Assignment. Consultant shall not assign this Agreement or any part of it. 9. Subcontracting. Consultant may not subcontract any portion of its performance under this Agreement without prior written consent of City. 10. Designation of Representatives. The parties agree, for the purposes of this Agreement, that the City shall be represented by and may act only through the Director or such other person as he may designate in writing. Cory Borgeson shall have authority to act for and bind Consultant in connection with this Agreement. 11. Termination. City may terminate this Agreement, with or without cause, at any time upon written notice to Consultant. Upon terminating this Agreement, the City agrees to reimburse Consultant for all work completed up to and including the date the City Consulting services contract Page 2 of 5 43 mailed notification of termination. Consultant may terminate this Agreement upon thirty (30) days written notice to City of his intent to terminate the Agreement. 12. Insurance. Consultant shall, at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Consultant and the City against liability that may accrue against them or either of them in connection with the performance of Consultant under this Agreement: (a) Automobile liability covering all vehicles used in Contract work with combined single limits not less than $300, 000 per occurrence. 13. Insurance Certificate. All insurance shall be placed with an insurance carrier or carriers satisfactory to the City and shall not be subject to cancellation or any material change except after thirty (30) days written notice to the City and shall provide that no failure of Consultant to comply with any condition or provision of this Agreement or other conduct of Consultant or those for whose conduct it is responsible, shall void or otherwise affect the protection under the policy afforded to the City. A Certificate of Insurance reflecting full compliance with these requirements shall, at all times during the term of this Agreement, be kept on deposit at the general offices of the City. 14. Claims Recovery. Claims by the City resulting from Consultant's failure to comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Consultant for work performed or to be performed. City shall notify Consultant of any such failure, default or damage therefrom as soon as practicable after discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in equity. 15. Compliance with Applicable Laws. Consultant shall, in the performance of this Agreement, comply with all applicable federal, state and local laws, ordinances, orders, rules and regulations applicable to its performance hereunder, including, without limitation, all such legal provisions pertaining to social security, income tax withholding, medical aid, industrial insurance, worker's compensation, and other employee benefit laws. Consultant also agrees to comply with all contract provisions pertaining to grant or other funding assistance which City may choose to utilize to perform work under this Agreement. 16. Records and Audit. Consultant agrees to maintain sufficient and accurate records and books of account, including detailed time records, showing all direct labor hours expended and all reimbursable costs incurred and the same shall be subject to inspection and audit by City at all reasonable times. Consulting services contract Page 3 of 5 44 17. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidat- ing the remainder of such provision or the remaining provisions of this Agreement. 18. Notices. Any official notice that either party hereto desires to give the other shall be delivered through the United States mail by certified mail, return receipt requested, with postage thereon full prepaid and addressed as follows: To Ci Stephen Sowell Acting City Manager City of Seward P.O. Box 167 Seward, AK 99664 To Consultant: Cory Borgeson Box 74046 Fairbanks, Alaska 99707 19. Venue and Applicable Law. Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 20. Attorney's Fees. In the event either party institutes any suit or action to enforce its right hereunder, the prevailing party shall be entitled to recover from the other party its reasonable attorney' s fees and costs in such suit or action and on any appeal there- from. 21. Voluntary Execution. Both parties represent and acknowledge that prior to signing this Agreement, they have read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. 22. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Consultant, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Consulting services contract Page 4 of 5 Eli IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective date indicated below. Dated: Dated: By: ATTEST: Dated: By: CITY OF SEWARD Cory Borgeson d/b/a Borgeson and Associates Stephen Sowell Acting City Manager Brenda J. Ballou, MMC City Clerk t Date: From: RE: HISTORY Memorandum January 11, 2021 Brenda Ballou, City Clerk Mayor to appoint two Council Members to the Tabulation Team for the City Clerk evaluation to be held February 8, 2021 Annual evaluations for the city manager, city attorney, and city clerk are scheduled in January, February and March of each year, or as directed by Council. Historically, there has been no consistent order assigned for which evaluation comes first, second, and third. At this time, there is no permanent city manager so there is no evaluation to be conducted for that position. The city clerk and city attorney have discussed the timing of their evaluations and determined the city clerk would be evaluated on February 8, 2021 and the city attorney would be evaluated on March 8, 2021, as long as there is no objection from council. BACKGROUND CITY COUNCIL RULES OF PROCEDURES - RULE 16. EVALUATION OF APPOINTED OFFICIALS OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS Annual Evaluation Session: This annual meeting should be scheduled in January, February and March of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This evaluation is regularly -scheduled and follows this process: I. Self -Evaluation: The employee shall complete a self -evaluation using his/her respective blank evaluation form as a guide. He/she may write comments rather than use the rating system if he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies of these self -evaluation reports to the council members no less than two (2) weeks prior to the actual Annual Evaluation Session. 2. Council Evaluation: No less than two (2) weeks prior to the employee's evaluation date, the City Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of the council members' scoring and comments will be assigned to two appointed council members; these two people form the tabulation team. Completed evaluation forms should be turned in to the tabulation team no less than three (3) days prior to the Annual Evaluation Session. 47 3. Evaluation Tabulation: The tabulation team will tally and average the scores, and combine all comments anonymously onto one tabulated evaluation form. This tabulated form should be made available for Council members at the Annual Evaluation Session. 4. Evaluation & Goal Setting In Executive Session: The Annual Evaluation Session will be held in Executive Session and the time scheduled for the Evaluation Session should be sufficient to do the job in a professional manner. "Round Robin" comments by Council members are permitted. It is also during the Annual Evaluation Session that the employee's goals are discussed and agreed upon by all parties. 5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation Session, the tabulation team should create a final draft of the employee's tabulated evaluation form that also includes the agreed -upon goals, tabulated score, and comments, and should meet with the employee to review. At this meeting, the tabulation team and the employee will sign the document as an acknowledgement of the understanding. The final step will be for Council to determine any personnel decisions as a result of the evaluation, to conduct an assessment of the evaluation process and suggest amendments to the procedures, if necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins. DISPOSITION OF EVALUATION FORMS Certain information concerning the performance of an individual being evaluated under these procedures is not a public record, except as described in this section, and is not subject to disclosure under AS 40.25. Individual Council evaluation forms and the employee's self -evaluation forms are to be destroyed after executive session by the tabulation team. These forms are not considered a public record. Overall tabulation forms and criteria forms are considered a public record, as well as these procedures and shall be maintained in the employee's contract folder. RECOMMENDATION Mayor to appoint two Council Members to form the Tabulation Team for the city clerk evaluation. 48 Sponsored by: Regis Introduction Date: January 25, 2021 Public Hearing Date: February 8, 2021 Enactment Date: February 8, 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE CHAPTER 3 - PERSONNEL TO ADJUST THE PAY SCALE CAP AND ANNUAL LEAVE ACCRUAL RATE AS A RESULT OF THE CLASSIFICATION AND COMPENSATION STUDY CONDUCTED BY GOVHR USA, LLC WHEREAS, the City identified the need for a compensation study in order to align employee wages with current market rates in the State of Alaska; and WHEREAS, GovHR USA, LLC completed the study at the end of 2020; and WHEREAS, in order to incentivize retention amongst long-term employees, additional tiers of annual leave accrual are recommended; and WHEREAS, the current pay scale ends at step J, and the new pay scale adjusted by the wage study now ends at step P which will provide for greater employee longevity; and WHEREAS, on December 23, 2020, the Seward Public Employees Association (SPEA) reviewed, voted, and ratified the adjusted pay scale and annual leave accruals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Title 3 - Personnel is hereby amended to read as follows: (Deletions are , and gage Additions are italicized, underlined, and bolded.) 3.15.030. - Entrance pay rate. The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. A department head, subject to the approval of the city manager, may make an appointment above the entrance pay rate only when there are no available candidates at the entrance rate, or in recognition of exceptional qualifications. In no instance shall an appointment be made above step "C E," emee pt at the afm, nt head �,ve,,u 49 CITY OF SEWARD, ALASKA ORDINANCE 2021-002 3.15.035. - Step increases. A new employee, after serving a six-month probationary period of satisfactory performance, shall receive a step increase. An employee who has transferred to a new position and who must serve a promotional probationary period as defined in section 3.25.035, shall receive a probationary step increase upon successful completion of the promotional probationary period. A probationary step increase is a special, one time only, step increase. For an employee to receive further step increases up to step JP, he/she must continue to demonstrate satisfactory service of a progressively greater value. Step increases are not automatic based upon longevity and are awarded only where the department head feels the employee has demonstrated service of a progressively greater value, progressively greater responsibility, and performed beyond what normally would be expected for the city during the past year. Satisfactory performance alone shall not be grounds for a step increase. 3.45.015. - Annual leave accrual rate. (a) Annual leave shall accrue at the following rates for full-time personnel based upon continuous length of service: (1) For personnel with less than three years of service, the accrual rate shall be 13 1/3 hours per month of service or 160 hours per year; (2) For personnel with three to six years of service, the accrual rate shall be 16 2/3 hours per month of service or 200 hours per year; and (3) For personnel with six to ten years of service or- mer-e, the accrual rate shall be 20 hours per month of service or 240 hours per year.-, and (4) For personnel with ten to fourteen years of service, the accrual rate shall be 25.275 hours per month of service or 303.33 hours per year; and (5) For personnel with fifteen years of service or more, the accrual rate shall be 28.925 hours per month of service or 347.1 hours per year. 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 8th day of February, 2021. 50 AGENDA STATEMENT Meeting Date: January 25, 2021 Through: Norm Regis, Interim City Manager From: Sam Hickok, Acting Finance Director Agenda Item: Accept the proposed annual leave accrual rates as a result of the classification and compensation study and amending related sections of City Code. BACKGROUND & JUSTIFICATION: The City identified the need for a compensation study in order to align City employees' wages with the current state market rates. GovHR USA, LLC conducted and completed the study in 2020. As a result of the wage study, certain sections of City Code need to be amended to reflect the changes. 3.15.030. - Entrance pay rate. The new pay scale no longer has a range for each position. All positions were placed in a single grade level. As a result, department heads can no longer hire potential employees at a higher range based on experience and qualifications. In order to have the ability to offer qualified employees a competitive wage, it is recommended to allow department heads the flexibility of offering up to a step E instead of C now that position ranges are eliminated. 3.15.035. - Step increases. The pay scale was extended to step P from step J to account for the removal of position ranges as well as incentive for longevity. 3.45.015. - Annual leave accrual rate. Current annual leave accrual rates cap out after 6 years of service. In order to incentivize retention for employees with years of service greater than 6 years (25% of our current employees), two new tiers of accrual are introduced: • EmpIoyees with 10-15 years of service - 25.275 hours per month of service or 303.3 hours per year. • Employees with 15 years of service or more - 28.925 hours per month of service or 347.1 hours per year. The SPEA voted and ratified the new compensation plan and annual leave schedule at their December 23, 2020 meeting. 62 INTENT: The intent of this action is to accept the annual leave accrual rates and amend City Code to reflect changes proposed by wage study. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here). X 2. Strategic Plan (docrunent source here): X 3. Other (list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: Funding for the additional tiers of annual leave accrual were appropriated through RES 202I-004, so no additional appropriation is necessary. New annual leave accrual rates will be factored into future budgets. Estimated cost for 2020: $70,424. This amount was included in the total cost of implementation approved through RES 2021 004. Approved by Finance Department: RECOMMENDATION: Council approve Resolution 2021- amending City Code to reflect changes brought forth by the classification and compensation study conducted GovHR USA, LLC. 6% Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2021 CITY LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top legislative priorities; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyists; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. This list of city projects is hereby declared to be the official City priority list for the City of Seward for calendar year 2021: A. PORT, HARBOR, AND INDUSTRIAL AREA • $500,000 to add a wash down pad at the 50-Ton Travelift • $1 million for storm water discharge infrastructure at the Seward Marine Industrial Center • $1,241,250 for JAG Shipyard Environmental Discharge Controls • $200,000 to extend electrical power to X Float • $500,000 for a 5-ton crane at or near I Dock • $250,000 for security infrastructure for city vessel storage yard at the Seward Marine Industrial Center • $3.1 million for K and L Float Projects • $2.25 million for installation of corrosion control measures on the City -owned Seward Shipyard Syncro-Lift and associated marine infrastructure, purchase and installation a new 1,000 kVa transformer providing electrical power to the Syncro-Lift. Scope of Work: Apply anodes and protective marine coatings to cell wall and synchro-lift steel structures 53 CITY OF SEWARD, ALASKA RESOLUTION 2021-008 B. PUBLIC FACILITIES & INFRASTRUCTURE • $5.5 million for the design, engineering and construction of a Public Works facility and maintenance shop (City will provide land for the new building) • $120,000 for ADA building access doors at City Hall, Annex, and Library • $33,000 for a covered roof or awning for the ADA access ramp at City Hall • $69,000 for rear parking lot drainage improvements and paving at City Hall • $540,000 for Sewer System Manhole Refurbishment, SMIC bypass piping, and lift station upgrades • $785,000 for Water System New Production Well 98, Hypo -chloride Generator Pump House SMIC, abandon wells at Ft Raymond • $38,000 to replace old boiler and heating parts at Annex with new 96% efficient boiler • $1 million for major maintenance and repairs at the Alaska SeaLife Center • $500,000 for roof repairs at the Alaska SeaLife Center • $200,000 for design and engineering of an indoor multi -use facility • $500,000 to upgrade windows and the building envelope at City Hall • $80,000 for water and sewer system analysis/comprehensive review • Evaluate/assess site location for a new additional wastewater treatment facility C. ELECTRIC • $8 million to design and rebuild the electric transmission line from the Seward Highway to the Seward Marine Industrial Center facility, and upgrade the Spring Creek substation by securing an alternative feed transformer to add capacity, reduce system outages, and provide continuous service during maintenance periods • $1.5 million to repair and replace one mile of transmission line into the Ft Raymond Substation with 115kV compatible equipment (This is a project supported by the Alaska Railbelt Cooperative Transmission and Electric Company (ARCTEC) because the current condition of the transmission line exceeds the estimated life expectancy of 50 years) • $2 million to rebuild obsolete and aging infrastructure and add new infrastructure with the expanding Camelot Subdivision where development and growth require the new updated system • $12 million to upgrade transmission conductors and substation transformers to improve the system's capacity to 115kV over existing 69kV capacity (This will help unify the transmission system for the entire community and expand the system's capabilities, allowing higher capacity projects into the future) D. ROADS, STREETS, AND ADA ACCESSIBILITY • $300,000 for improving City infrastructure for ADA accessibility • $60,000 for storm drain engineering and design improvements for City streets 54 CITY OF SEWARD, ALASKA RESOLUTION 2021-008 E. PUBLIC SAFETY Up to $250,000 for a needs assessment and conceptual design and engineering for a replacement Seward Fire Station. The City is experiencing growth on the northwest side (fuel farm expansion and homes) and at the Seward Marine Industrial Center (east of the bay) (City will provide a match of land). The needs assessment would be for a Fire Station in the city, either in its current location or at a new location designated by the city such as Ft Raymond. A station at SMIC would need to be an entirely separate assessment and hopefully a joint assessment between the Harbor and Fire Department and perhaps added to the 2022 priorities Up to $250,000 for initial design and engineering of a Public Safety building (City will provide a match of land) $1 million for City match for a new animal shelter that is used by City. Total project cost is $2.2 million. Initial design and engineering have been completed. (In addition, the City will also provide a match of land) Seward Community Jail repairs and/or a new public safety building F. BENEFICIAL LEGISLATION • Support for feasibility analyses considering pipeline or multi -modal delivery methods of making natural gas available to communities not currently along a pipeline corridor and using Seward's road/rail/barge connections as demonstration projects • Support public/private partnerships to encourage both residential and commercial land development • Support Seward airport project runway extension/adequate maintenance of current facility • Flood mitigation efforts on the Resurrection River • Support analysis and expansion of flood mitigation efforts within the City • Request adequate maintenance of the Seward Airport • Legislative support to encourage the US Coast Guard to continue applying the US Small Business Set -Aside contracting provisions for maintenance, repair, and refurbishment of District 17 vessels Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. 6si. mi=4 COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2021 To: City Council From: Norm Regis, Acting City Manager Agenda Item: Calendar Year 2021 City Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolutions both through the State of Alaska and Federal sources. This year, the three lists include projects that are in the planning phase and/or may qualify for grants in addition to some projects with which Council is familiar. In order to quality for most grants, the City must include these projects on the City priority list. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State and Federal sources to improve the City of Seward. To qualify for most appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Sections 3.1 Economic Development X Strategic Plan Entirety x Other (list): x FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable 56 RECOMMENDATION: Council approve Resolutions 2021-008, approving the City of Seward's Calendar Year 2021 City Priorities. 57 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2021 STATE LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyists; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. This list of city projects is hereby declared to be the official State priority list for the City of Seward for calendar year 2021: A. BENEFICIAL LEGISLATION • Legislative support for maintaining the current level of State contributions into the PERS/TRS Retirement System on behalf of local governments, and for not extending the amortization period, in order to offset unfunded retirement system liabilities and to make future contribution rates more affordable for the state and local governments • Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels • Legislative support for continuing Alaska Energy Authority (AEA) programs that promote energy efficiency and conservation to help mitigate the costs of heating homes and businesses not served by natural gas • Legislative support for feasibility analyses considering pipeline or multi -modal delivery methods of making natural gas available to communities not currently along a pipeline corridor and using Seward's road/rail/barge connections as demonstration proj ects • Legislative support for matching City funds towards the non -Federal 50% cost share of the U.S. Army Corps of Engineers study required to address the Lowell Canyon Diversion Tunnel hazard. The City currently owes $266,022 58 CITY OF SEWARD, ALASKA RESOLUTION 2021-009 • Continued support for the State Department of Transportation and Public Facilities Municipal Harbors Grant Program • Full funding of the Alaska Police Standards Council in order to return to full reimbursement of police recruit training costs • Full funding of the Alaska Department of Corrections in order to return 100% of the operational costs of the jail to the State of Alaska • Full funding of the Alaska Department of Corrections in order to continue state operation of the Spring Creek Correctional Center, the only maximum -security prison in the State of Alaska • Full funding of the Alaska Vocational Technical Center (AVTEC) in order to continue vocational training and investment in local communities and trades. The City seeks support for AVTEC as it provides students with skills and career paths that benefit the State and local economy • Legislative support for expanding access to mental health and substance use disorder treatment and recovery, to include expansion and renovation of the SeaView Community Services existing behavioral health treatment facility • Legislative support to encourage the US Coast Guard to continue applying the US Small Business Set -Aside contracting provisions for maintenance, repair, and refurbishment of District 17 vessels • Support Seward Airport Project Runway extension/adequate maintenance of current facility • Request adequate maintenance of the Seward Airport • Legislative support for full funding for pre-K childcare, including Head Start and Boy & Girls Club B. CAPITAL PROJECTS Recognizing the current government sector fiscal reality and its potential private sector economic impacts, the City of Seward is limiting its capital improvement project requests to those where the State's participation would leverage other significant funding, complete projects already underway, address projects of immediate life and safety, and enable projects that could be eligible under a statewide bond package if the State pursues and the voters approve such a plan. $5.5 million for the design, engineering and construction of a Public Works facility and maintenance shop $8 million to design and rebuild the electric transmission line from the Seward Highway to the Seward Marine Industrial Center facility and upgrade the Spring Creek substation by securing an alternative feed transformer to add capacity, reduce system outages, and provide continuous service during maintenance periods $12 million to upgrade transmission conductors and substation transformers to improve the system's capacity to 115kV over existing 69 kV capacity. This will help unify the 6T] CITY OF SEWARD, ALASKA RESOLUTION 2021-009 transmission system for the entire community and expand the system's capabilities, allowing higher capacity projects into the future • $2 million sludge removal maintenance project from both wastewater treatment plants and a new additional wastewater treatment plant or expand the current facility • $540,000 for sewer system manhole refurbishment, SMIC bypass piping, and lift station upgrades • $785,000 for Water System New Production Well 98, Hypo -chloride Generator Pump House SMIC, abandon wells at Ft Raymond • $1 million for systems maintenance and repairs at the Alaska SeaLife Center, of which $500,000 would meet the required match to receive $500,000 in capital funding already committed by the Exxon Valdez Oil Spill Trustee Council (EVOS-TC) • $500,000 for a hull wash water collection and treatment system at the 50-Ton Travelift • $1,241,250 for JAG Shipyard Environmental Discharge Controls • $1 million for City match for a new animal shelter that is used by City. Total project cost is $2.2 million. Initial design and engineering have been completed. (In addition, the City will also provide a match of land) • $2.5 million to match state or federal grant requests for environmental controls, expansion and improvement of the Seward Shipyard • $2.25 million for installation of corrosion control measures on the City owned Seward Shipyard Syncro-Lift and associated marine infrastructure, purchase and installation a new 1,000 kVa transformer providing electrical power to the Syncro-Lift. Scope of Work: Apply anodes and protective marine coatings to cell wall and synchro-lift steel structures • Replace Lowell Canyon water tank C. CRUISE PASSENGER VESSEL TAX REGIONAL IMPACT FUND OR CRUISE SHIP GAMBLING TAX • Appropriating funding for the Alaska Railroad Corporation Seward Marine Terminal Expansion project supporting both passenger and freight activities Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. 60 4[45rtP COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2021 To: City Council From: Norm Regis, Acting City Manager Agenda Item: Calendar Year 2021 State Priorities BACKGROUND & USTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolutions both through the State of Alaska and Federal sources. This year, the three lists include projects that are in the planning phase and/or may qualify for grants in addition to some projects with which Council is familiar. In order to quality for most grants, the City must include these projects on the City priority list. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State and Federal sources to improve the City of Seward. To qualify for most appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Sections .3. 1 Economic Development X Strategic Plan Entirety X Other (list): X FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department:. ATTORNEY REVIEW: Yes No Not Applicable 61 RECOMMENDATION: Council approve Resolutions 2021 , approving the City of Seward's Calendar Year 2021 State Priorities. 62 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR YEAR 2021 FEDERAL LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top Federal legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the Kenai Peninsula Borough, our congressional delegation and City of Seward federal lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City's Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. This list of city projects is hereby declared to be the official Federal priority list for the City of Seward for calendar year 2021: A. APPROPRIATIONS AND GRANTS • Appropriating funding for the development of the new Coast Guard Fast Response Cutter facilities, as well as home port support facilities, and the required Utility infrastructure to support such facilities. • Appropriating funding for the construction of the US Army Corps of Engineers Feasibility Study's recommended plan for the Lowell Creek Flood Diversion Structure and Tunnel. • $7 million for a comprehensive Seward Flood Mitigation Program on the watershed level by the US Army Corps of Engineers. • $35 million appropriation for Lowell Point Road a State Parks trailhead to complete bank stabilization and erosion control projects recommended through current ongoing stabilization study by the Federal Lands Access Program (FLAP grant). This road is the sole land access to critical public infrastructure, National and State Parks trailheads, businesses, and the community of Lowell Point. • $1 million appropriation for erosion control projects, through a future Section 14 study by the U.S. Army Corps of Engineers, for the Seward Marine Industrial Center and the Alaska Railroad Dock. 63 CITY OF SEWARD, ALASKA RESOLUTION 2021-010 • Appropriating funding for the Alaska Railroad Corporation Seward Marine Terminal Expansion project supporting both passenger and freight activities. This may also involve a collaboration with the Alaska Railroad to seek BUILD Act grants or funding in a future Highway Transportation bill. • Support funding through the US Fish and Wildlife Service budget for zoos and aquariums who house endangered and/or listed species and experienced a sharp reduction of visitor revenue in 2020. • Legislative support to encourage the US Coast Guard to continue applying the US Small Business Set -Aside contracting provisions to solicitations and contracts for maintenance, repair, and refurbishment of US Coast Guard District 17 vessels. • $2.25 million for installation of corrosion control measures on the City -owned Seward Shipyard Syncro-Lift and associated marine infrastructure, purchase and installation a new 1,000 kVa transformer providing electrical power to the Syncro-Lift. Scope of Work: Apply anodes and protective marine coatings to cell wall and synchro-lift steel structures. B. AUTHORIZATIONS AND BENEFICIAL LEGISLATION • Authorization language amending the Water Resource Development Act of 2007 (Public Law 110-114, 121 STAT. 1205) to require the US Army Corps of Engineers to continue the operation and maintenance of the Lowell Canyon Tunnel until such time that an alternative method of flood diversion has been constructed and a determination by the Corps that the City of Seward and its residents are no longer at risk of catastrophic flooding. • Additional funding through CARES Act legislation for City. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 64 COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2021 To: City Council From: Norm Regis, Acting City Manager Agenda Item: Calendar Year 2021 Federal Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top City, State and Federal legislative priorities. The list of projects is compiled into a package that is distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. The list validates projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolutions both through the State of Alaska and Federal sources. This year, the three lists include projects that are in the planning phase and/or may qualify for grants in addition to some projects with which Council is familiar. In order to quality for most grants, the City must include these projects on the City priority list. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State and Federal sources to improve the City of Seward. To qualify for most appropriations and grants Seward's City, State and Federal priorities lists must be approved in a public process by the City Council. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan .Sections 3. I Economic Development X Strategic Plan Entirety X Other (list): X FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department:�� ATTORNEY REVIEW: Yes No Not Applicable 65 RECOMMENDATION: Council approve Resolutions 2021-010, approving the City of Seward's Calendar Year 2021 Federal Priorities. 66 Sponsored by: Mayor Terry CITY OF SEWARD, ALASKA RESOLUTION 2021-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THAT GOVERNOR DUNLEAVY DIRECT THE ALASKA DEPARTMENT OF TRANSPORTATION TO MAINTAIN THE STATE-OWNED AIRPORT LOCATED IN SEWARD, ALASKA IN A TIMELY MANNER TO ENSURE SAFE WINTER OPERATING CONDITIONS WHEREAS, the State of Alaska Department of Transportation (DOT) owns and operates the Seward Airport located in Seward, Alaska; and WHEREAS, for the first time in recent history, the airport has been closed a number of times for a number of days due to not being plowed and maintained in a timely manner; and WHEREAS, this disregard has put citizens in mortal danger during this time of an international pandemic, because the airport is used for medivac transportation, and is a critical evacuation option even during non -pandemic years; and WHEREAS, the State, Kenai Peninsula Borough, and City are under a declared State of Emergency that includes impacts on local health care and hospital facilities; and WHEREAS, the airport serves the residents of Seward and the nearby communities of Moose Pass, Bear Creek, and Lowell Point; and WHEREAS, local pilots use the airport for business and leisure travel; and WHEREAS, the airport being closed also has large economic impacts to the Seward tourism industry since companies are not able to provide touring services for experiences only available by plane; and WHEREAS, the DOT rates plowing the airport at the bottom of their work priorities; and WHEREAS, the City is requesting for plowing and winter maintenance to be moved to a higher priority in order to ensure it is adequately maintained as a functioning airport; and WHEREAS, if the DOT is not able to provide adequate staffing or equipment, the Governor is urged to follow the model in other rural locations to contract the service out to a local vendor; and WHEREAS, the City also continues to stress the importance for the State DOT to safely maintain the Seward Highway. 67 CITY OF SEWARD, ALASKA RESOLUTION 2021-011 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council urges Governor Dunleavy to direct DOT Commissioner John MacKinnon and his staff to maintain safe winter operations in a timely manner for the state-owned airport located in Seward. Section 2. The Seward City Council asks the Kenai Peninsula Borough Assembly to join the City in this request since the airport also serves Borough residents on the east side of the Kenai Peninsula, and will provide this Resolution to the Mayor and Assembly. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 68 Agenda Statement Meeting Date: January 25, 2021 To: City Council From: Christy Terry, Mayor Agenda Item: Resolution asking Governor Dunleavy to direct DOT to timely maintain, in safe operating conditions, the State of Alaska Airport located in Seward, AK BACKGROUND & JUSTIFICATION: The State of Alaska Department of Transportation (DOT) owns and operates the Seward Airport located in Seward, Alaska. They are being neglectful in their duty to adequately provide for its winter maintenance and care. For the first time in recent history, the Airport has been closed several times for a number of days due to not being plowed and maintained in a timely manner. This lack of adequate maintenance is putting citizens in mortal danger during an international pandemic since this airport is used for medivacs and is a critical evacuation option even during non - pandemic years. Regardless of other factors, we should demand a functioning airport from the State, but most especially during a time when Alaska, Kenai Peninsula Borough and City are under a declared State of Emergency that includes impacts on local health care and hospital facilities. This airport not only serves the residents of Seward, but also nearby Borough communities, including Moose Pass, Bear Creek, and Lowell Point. Local pilots use the airport for business and leisure travel. The airport being closed also has large economic impacts to the Seward tourism industry since companies are not able to provide touring services for experiences only available by plane. Again, while this is egregious during normal economic conditions, we are currently in a period of economic turmoil due to the pandemic and need the resources to recover and thrive outside of government handouts. DOT rates plowing the airport at the bottom of their work priorities. City administration and Council request plowing and winter maintenance be moved to a higher priority in order to have it adequately maintained as a functioning airport. We also don't want this to be an excuse to neglect our key access point of the Seward Highway that continues to experience maintenance issues and we want to again stress the importance for the State DOT to safely maintain the Seward Highway. INTENT: The Seward City Council urges Governor Dunleavy to direct DOT Commissioner John MacKinnon and his staff to maintain safe winter operations in a timely manner for the State Airport located in Seward. The Clerk will provide this resolution to the Kenai Peninsula Borough Assembly and Mayor and request they join the City since the airport also serves Borough residents on this side of the Kenai Peninsula and will provide this Resolution to the Mayor and Assembly. 69 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Section 3.4 of the current comprehensive plan endorses 3.4.1.3 1 Improved he usability of the state owned airport. X 3.6.1.3 Develop and promote winter tourism Strategic Plan (document source here): 2. Expanded Transportation Facilities- Improve the State Airport Page 16 X Promote Winter Tourism -page 8 Other (list): FAA Airport Field Condition Assessment and Winter Operations Safety AC 15015200-30D 2.1 Safety Requirements. Snow, ice, and slush should be removed as 3. expeditiously as practicable. The goal is to maintain runways, high- X speed turnoffs, and taxiways in a "no worse than wet" (i.e., no contaminant accumulation) condition. Surface friction can be improved by application ofsand when unusual conditions prevent prompt and complete removal of slush, snow, or ice. FISCAL NOTE: Approved by Finance Department: NA ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: City Council approve Resolution 2021-011, encouraging Governor Dunleavy to direct DOT to plow the State of Alaska airport in a more timely manner. 70 Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADDITIONAL FIVE-YEAR LEASE AGREEMENT WITH CHUGACH REGIONAL RESOURCES COMMISSION FOR THE OPERATION OF THE ALUTIIQ PRIDE SHELLFISH HATCHERY WHEREAS, the Alutiiq Pride Shellfish Hatchery operates on land leased by the City of Seward, which the City of Seward leases to the University of Alaska; and WHEREAS, the Chugach Regional Resources Commission requests permission to operate the shellfish hatchery for an additional five-year lease term from 2021-2026 with option to extend for one five-year extension; and WHEREAS, the Alutiiq Pride Shellfish Hatchery has provided local jobs and diversifies the local economy; and WHEREAS, shellfish aquaculture increases economic industry in Seward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager isherebyaudiorizedto enterinto an additional five-yearterm lease as attached herein with the Chugach Regional Resources Commission for the Alutiiq Pride Shellfish Hatchery. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor VA Agenda Statement Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, Acting City Manager Agenda Item: Approval of an Additional Five -Year Lease with Chugach Regional Resources Commission for operation of the AIutiiq Pride Shellfish Hatchery BACKGROUND & JUSTIFICATION: The Alutiiq Pride Shellfish Hatchery has operated at its current location for many years. The land is leased by the City of Seward from the University of Alaska which in turn, leases the land to the shellfish hatchery operator. In 2006, Chugach Regional Resource Commission (CRRC) took over operation of the facility and entered into a five-year lease with the City of Seward. CRRC now requests permission to enter into a five-year lease agreement from 2021-2026 with option to extend for one five-year extension. The City of Seward has worked cooperatively with CRRC on building maintenance and code inspection issues and CRRC has removed all hazardous materials previously stored at the facility. Shellfish hatcheries increase economic growth by providing a wealth of job opportunities throughout Alaska, including the City of Seward. INTENT: To authorize the City Manager to enter into an additional five-year lease with Chugach Regional Resources Commission for operation of the Alutiiq Pride Shellfish Hatchery. CONSISTENCY CHECKLIST: Yes gym,... No Y. NIA I. Comprehensive Plan (2030, approved by Council 2017): X X 2. Strategic Plan: (1999): 3. 1 Other (list): X FISCAL NOTE: The annual rental rate is $0 per year with no requirement for periodic adjustments. Approved by Finance Department: ATTORNEY REVIEW: Yes No 72 RECOMMENDATION: Council approve Resolution 2021-012, authorizing the City Manager to enter into a five-year lease with Chugach Regional Resources Commission for the Alutiiq Pride Shellfish Hatchery. 73 LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY Dated: January 25, 2021 BY AND BETWEEN: THE CITY OF SEWARD and CHUGACH REGIONAL RESOURCES COMMISSION 74 TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Definitions........................................................................................................................................2 LeasedPremises..............................................................................................................................4 RentalRate.......................................................................................................................................4 Management and Operation of Facility.............................................................................................4 Representations and Warranties of CRCC........................................................................................5 Leaseand Sublease Control............................................................................................................6 OperatingCosts and Utilities............................................................................................................6 Maintenanceand Repairs................................................................................................................6 Cost-Sharing....................................................................................................................................8 Liens.............................................................................................................................................8 Indemnification and Hazardous Materials.................................................................................... 8 MothballPlan.............................................................................................................................10 Natureof Relationship..............................................................................................................10 InspectionAccess . ..................................................................................................................... I I Term of Agreement and Option to Extend.................................................................................. I I Insurance.....................................................................................................................................12 Default.........................................................................................................................................13 Remedies of the City on CRRC's Default...................................................................................14 PropertyOwnership....................................................................................................................15 Notices........................................................................................................................................16 EntireAgreement........................................................................................................................16 Amendments...............................................................................................................................16 NoAssignment............................................................................................................................16 Survival.......................................................................................................................................16 ForceMajeure............................................................................................................................16 75 LEASE AND OPERATING AGREEMENT FOR THE SEWARD ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY This Lease Agreement for the Alutiiq Pride Marine Institute and Shellfish Hatchery (the "Agreement") is made this 25th day of January 2021, by and between the City of Seward, P.O. Box 167, Seward, Alaska 99664 (the "City") and Chugach Regional Resources Commission, a non-profit corporation organized under the laws of the State of Alaska, 1840 Bragaw Street, Anchorage, Alaska 99508 ("CRRC"); and WHEREAS, the City is the owner of real property ("Property") located in the City of Seward, Alaska and more particularly described herein; and WHEREAS, the City, as Lessor, leased the Property to the University of Alaska (the "University") as Lessee from July 1, 1970 through June 30, 2069, under the conditions of that Lease Agreement dated March 7, 1991, recorded April 8, 1991, at Book 60, Page 776 in the Records of the Seward Recording District, State of Alaska, as amended (the "Lease"); and WHEREAS, the University uses a portion of the Property for the University of Alaska, Fairbanks School of Fisheries and Ocean Sciences, Institute of Marine Science, Seward Marine Center ("Seward Marine Center"); and WHEREAS, under a certain sublease dated October 2, 1995, the University subleased a portion of the Property (the "Site" as herein defined) to the Alaska Department of Fish and Game to construct, operate and maintain a Mariculture Production Facility ("MPF") and Mariculture Technical Center ("MTC") (the MPF and MTC are collectively, the "Facility" as herein defined); and WHEREAS, the purpose of the MPF is to produce seed stocks for Alaska aquatic farms and the purpose of the MTC is to focus on maricultural research in Seward; and WHEREAS, the Alaska Department of Fish and Game, the City of Seward, and Qutekcak Native Tribe entered into mutual agreements in December 1997 for the operation of the MPF and to cover maintenance costs at the MTC while producing high quality spat and aquatic plant seed stock for the Alaska maricultural industry; and WHEREAS, QNT began operating the Facility in 1997; and LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE POF 17- WHEREAS, QNT, with the consent of the City, assigned its rights to operate the Facility to CRCC and the City entered into a lease of the Facility with CRCC in 2006 (Lease #06- 91); and WHEREAS, the City has determined that a new Lease of the Facility with CRCC under the same terms and conditions as Lease #06-91 for another 5 (five) year term, with options to extend for five additional years, is in the public interest and will serve a public purpose by continuing to assist shellfish research and development of the shellfish farming industry and promoting jobs and economic development locally; and WHEREAS, the City has determined that the Facility complements the adjacent Alaska Sea Life Center and Seward Marine Center by providing additional research and educational opportunities in Seward; and WHEREAS, CRRC has determined that a renewed lease of the Facility, which CRRC operates under the name "Alutiiq Pride Marine Institute," serves the interests of its seven constituent Alaska Native villages by providing seed stock to the Tribes, promoting the cultivation of indigenous food sources, mariculture habitat preservation, educating Alaska Natives and non -Natives in shellfish farming and the Alaska mariculture industry, and providing employment opportunities. NOW THEREFORE IN MUTUAL CONSIDERATION OF THE MUTUAL COVENANTS and in promises expressed herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions The following terms shall, for the purposes of this Agreement, have the following meanings: • "Agreement" means this Lease and Operating Agreement for the Alutiiq Pride Marine Institute and Shellfish Hatchery. • City" means the City of Seward, Alaska. • "CRRC" means the Chugach Regional Resources Commission. • "Facility" means, collectively, the MPF and MTC and all ponds, parking areas, structures and land on or pertinent to the Site as depicted in Exhibit B to the LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE FOE 17- Sublease (collectively, the "Facility"). • "Force Majeure" means acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake, tsunami, civil disturbance or war. • "Hazardous Material" means any substance: o the presence of which requires investigation or remediation under any federal, Alaska State or local statute, regulation, ordinance, order, action, policy, or common law; or o which is or becomes defined as a "hazardous waste," "hazardous material," "hazardous chemicals," "hazardous substance," "oil," "pollutant," or "contaminant" under any federal, Alaska state or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42.U.S.C. Section 2701 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. Section 2701 et seq.), Title 46 of the Alaska Statutes, and applicable portions of Title 18 of the Alaska Administrative Code. • "Lease" means the agreement between the City, as Lessor, and the University, as Lessee, effective July 1, 1970 through June 20, 2069 under the conditions of that Lease Agreement dated March 7, 1991, recorded April 8, 1991 at Book 60, Page 776 in the Records of the Seward Recording District, State of Alaska, as amended. • "MTC" means Mariculture Technical Center. • "MPF" means Mariculture Production Facility. • 'Property" means the all of Tracts IA and 1B Waterfront Tracts Subdivision, Mariculture Addition, according to Plat 97-18, located in the Seward Recording District, Third Judicial District, State of Alaska, excluding that portion of Tract I beginning at the South West comer of said Tract 1B, thence N 05E14'46" E a distance of 115.626 meters (379feet) along the western property boundary to the true point of beginning, thence continuing Northerly along the property boundary a distance of 10.950 meters (36feet), thence N 56E30'44" E a distance of 11.394 meters (37feet) along the property boundary adjoining Railroad Avenue, thence S 31E25'29" W a distance of 20.146 meters (66feet) to the true point of beginning, Said parcel containing 0.0049 hectares (527 Square Feet), more or less. • "Site" means All of Tract 1B, Waterfront Tracts Subdivision, Mariculture LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE �8OF 17- Addition, according to Plat 97-18, located in the Seward Recording District, Third Judicial District, State of Alaska, EXCEPTING THEREFROM beginning at the South West corner of said Tract 1B, thence N 05E14'46" E a distance of 115.626 meters (379 feet) along the western property boundary to the true point of beginning, thence continuing Northerly along the property boundary a distance of 10.950 meters (36 feet), thence N 56E30'44" E a distance of 11.394 meters (37 feet) along the property boundary adjoining Railroad Avenue, thence S 31E25'29" W a distance of 20.146 meters (66 feet) to the true point of beginning. • "Sublease" means the agreement between the University, as Sublessor, and the City, as Sublessee, effective May 28, 2003 for sublease of the Site to the City. • "Term" means the five-year term of this Agreement, effective January 25, 2021 through January 25, 2026, unless extended or terminated as provided herein. • "University" means the University of Alaska. 2. Leased Premises 2.1 Premises Leased. City leases the Facility to CRCC. 2.2 Facility accepted "As -is." CRRC acknowledges that it is fully aware of the condition of the Facility and accepts the same "as -is" and without reliance on any expressed or implied representations and warranties of City or agents of City as to the actual physical condition or characteristics thereof. 3. Rental Rate The annual rental rate is $0 per year. No periodic adjustments are required. 4. Management and Operation of Facility CRRC shall maintain, operate, and control the Facility and shall do so to a standard that is comparable to that of other well -operated and maintained marine research facilities throughout the United States. 4.1 Payment of Expenses. CRRC shall be responsible for the payment of all expenses relating to the management and operation of the Facility. 4.2 Compliance with Laws. CRRC shall comply at all times with all Federal, State, Kenai Peninsula Borough, and City statutes, ordinances, rules, regulations and judicial and administrative decisions governing the use and operation of the Facility, including, without limitation, the terms and provisions of the conditional use permit for the Facility issued by the City Planning and Zoning Commission. LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE 490F 17- 4.3 Taxes, Assessments, and Other Charles. CRRC shall pay all real and personal property taxes, sales taxes, special assessments, and other charges of every description levied on or assessed against the Site, improvements on the Site, and personal property located on the Site, to the full extent of installments falling due during the Term. CRRC shall make all such payments before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment; provided that CRRC may pay any such payment in installments where permitted by law, but shall pay any installment with interest before delinquency. CRRC may contest the legal validity or amount of any tax, assessment, or charge for which CRRC is responsible under this Agreement. If CRRC contests any such tax, assessment, or charge CRRC may withhold or defer payment or pay under protest, but shall protect the City and the Site from any lien by surety bond or other appropriate security. 4.4 Taxation. To the extent that sales by CRRC and rents paid to CRRC related to the visitor and educational parts of the Site are exempt from City sales tax only because CRRC is a non-profit corporation, CRRC will collect on all such sales and rents and remit to the City an amount equal to the City sales tax that would be due on such sales and rents if such sales and rents were not exempt. 5. Representations and Warranties of CRCC 5.1 CRRC is a non-profit corporation duly organized, validly existing and in good standing under the laws of the State of Alaska, and has all corporate power and all government licenses, authorizations, consents, and approvals required to carry on its business in every jurisdiction where it conducts business. 5.2 The execution, deliver and performance by CRRC of this Agreement are within CRRC's corporate powers, have been duly authorized by all necessary corporate action, do not contravene or violate (1) CRRC's Articles of Incorporation or Bylaws; (11) any law, rule or regulation applicable to it; (111) any restriction in any agreement or instrument to which it is a party or by which it or any of its property is bound; or (iv) any order, writ, judgment, award, injunction or decree applicable to it. 5.3 CRRC has and will maintain expertise in managing and operating a mancultural research and production facility adequate for the efficient and safe operation, management and maintenance thereof. 5.4 CRRC has all the necessary equipment and agrees to maintain such equipment in working order for the purposes of conducting its activities as described in LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE FOE 17- this Agreement. CRRC further warrants that it has obtained a Shellfish/ Aquatic Plant/Shellfish Hatchery Permit from the Alaska Department of Fish and Game to operate a shellfish hatchery pursuant to AS 16.40.100 - 16.40.199. 6. Lease and Sublease Control This Agreement is subject to the terms and conditions of the Sublease attached hereto as Exhibit A, and the Lease attached hereto as Exhibit B. CRRC shall be responsible for complying with the terms and conditions of the Sublease and any amendments thereto and the Lease, and any amendments thereto except that CRRC shall not be responsible for removing any improvements to the Site upon termination of this Agreement. In the event of any ambiguity between this Agreement and the Sublease, the terms of the Sublease shall prevail. In the event of ambiguity between the Agreement and the Lease, the terms of the Lease shall prevail. 7. Operating Costs and Utilities. 7.1. Operating Costs. CRRC shall maintain the Facility at its own cost. Any direct or indirect costs incurred by CRRC for the management and operation of the shellfish hatchery and the maintenance of the Facility will be the sole responsibility of CRRC. This includes but is not limited to utility costs, operating supplies, salaries, insurance, and Facility upkeep. CRRC shall provide, without reimbursement, all shared utilities, including heated process water and electricity to the MTC. CRRC and any MTC occupant shall negotiate utility compensation for each project initiated at the MTC. The negotiated agreements shall be in writing and signed by both parties. A copy shall be provided to the City. 7.2. Utilities. CRRC shall be responsible for the maintenance, repair or replacement of any failure, defect, deficiency, or impairment of any water supply system, drainage or sewer system, electrical supply system, electrical apparatus, wires, or other utilities serving the Facility during the Term. 8. Maintenance and Repairs Routine and long-term maintenance plans for the Facility shall be prepared by CRRC and submitted to the City for review and approval no later than March 1, 2021. The plans shall be updated yearly prior to December 31st. The plans will be incorporated as part of this Agreement. 8.1 Routine Maintenance Plan. The routine maintenance plan shall include, but not be limited to, the following: LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE VOF 17- A. A schedule for day-to-day preventative and non -routine maintenance. B. Complying with the Shellfish/MTC operations manuals and preventative maintenance schedules provided by any governmental agency or authority having jurisdiction. C. Maintaining the grounds in a clean, safe and sanitary fashion, including adherence to applicable provisions of the Sublease Agreement in accordance with all applicable laws, ordinances, orders and regulations of any governmental agency or body having jurisdiction over the Site. 8.2 Lon2 Term Maintenance Plan. The long-term plan shall include, but not be limited to the following: A. Painting of all exposed surfaces. B. Replacement of all pumps and all items that wear out. C. Structural maintenance, repair and reconstruction including, but not limited to, plumbing, heating, electrical systems, roofs, interior walls, exterior walls, foundation, tanks in a manner which will not jeopardize coverage provided by any insurance company or companies insuring all or any part of the Facility. If the maintenance specified in the routine and long-term plans, or otherwise determined necessary by the City, is not completed in a timely manner by CRRC, the City will notify CRRC in writing of the need for correction. If the correction is not made by CRRC within a reasonable period of time considering the severity of the problem, the City, at its sole discretion, may correct the deficiencies by any reasonable means. CRRC shall promptly pay the City all such costs. Bills may be sent directly to CRRC for payment. 8.3 Repairs. CRRC shall be responsible for all repairs to the Facility necessary during the life of the Agreement. 8.3.1 Repairs shall be accomplished in a timely manner. If the repair is not made by CRRC within a reasonable period of time, considering the severity of the problem, the City, at its sole discretion may correct the deficiencies by any reasonable means, all costs of which shall be promptly paid by CRRC. Bills may be sent directly to CRRC for payment. 8.3.2 CRRC shall maintain the level of repair and maintenance necessary to ensure that upon completion or termination of the Agreement, the Facility is returned to the City in as good a condition as when received by CRRC, excluding normal wear and tear. 8.3.4 The annual budget developed by CRRC shall identify the amount allocated LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE 8?OF 17- annually by CRRC for repairs to the Facility. 9. Cost -Sharing Notwithstanding any other provision of this Agreement, CRRC shall not be required to pay more than the City's share of utilities, maintenance and repairs required by the Sublease Agreement. 10. Liens CRRC shall be solely responsible for paying for all labor performed upon or materials furnished to the Facility, including maintenance or repair, furnished at the request of CRRC. CRRC shall keep the Facilities under CRRC's jurisdiction, free and clear of all mechanics', labor, or materialmen's liens arising from the performance of labor upon or furnishing materials to the Facility. CRRC shall post and record notices of non - responsibility for the benefit of the City and the University pursuant to AS 34.35.065, AS 34.35.150 and any other applicable laws. CRRC shall keep any improvements it undertakes to existing structures and land free and clear of all liens and shall hold the City and the University harmless from all costs or liability resulting from such improvements. 11. Indemnification and Hazardous Materials To the fullest extent permitted by law, CRRC agrees to defend, indemnify and hold harmless the City of Seward, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this lease. CRRC shall indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against all claims arising from death or injury of any person or damage to any property, occurring in or about the Facility, and CRRC shall pay all costs of the City, including attorney fees and legal costs, upon receiving notice by the City thereof, except under any circumstances in which such death, injury, or damage to property is caused by the intentional, reckless, or negligent conduct of the City, its officers, agents, and employees; provided, however, that in the event of concurrent negligence, then each party shall bear the costs and expenses attributable to it. 11.1 The City shall not be responsible for the condition of the Site, or the Facility, or the property of any third party that may be on the Site. The City makes LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE POE 17- no representations or warranties respecting the condition of the Facility. 11.2 CRRC shall indemnify, defend and hold the City harmless from and against any and all claims, demands, damages, losses, liens, costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by the City arising directly or indirectly from or out of or in any way connected with (1) the inaccuracy of the certifications contained in this Agreement; and (11) subject to the provisions of paragraph 4.1., for (a) any activities on or related to the Facility during CRRC's possession or control which directly or indirectly results in the Site being contaminated with a Hazardous Material; (b) the discovery of a release of a Hazardous Material on the Property; and (c) the clean-up, removal, or remediation of Hazardous Materials on the Property. 11.3 CRRC agrees no Hazardous Materials will be stored onsite during the term of this Lease. 11.4 If contamination of the Site or of other property or water by Hazardous Materials occurs or has occurred from CRRC's operations, beginning from when CRRC first took control of the operation of the Facility in 2006, CRRC, at its sole expense, shall promptly remediate and restore the affected area in accordance with all applicable local, state, and federal laws and regulations, and to the satisfaction of the City. Such remediation and restoration of the affected area by CRRC must not adversely impact the future operation and development of the Site. The obligations of CRRC in this paragraph shall survive the completion or termination of this Agreement. 11.5 If contamination of the Facility, the Site, or of other property or water by Hazardous Materials occurs, or has occurred from CRRC's or QNT's operations, beginning from when QNT first took control of the operation of the Facility in 1997, CRRC shall indemnify, defend, and hold the City and the University harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses, including sums paid in settlement of claims, attorney's fees, consultants fees, expert fees, which are the result of such contamination. This indemnification of the City and the University by CRRC includes costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal, or restorative work required by federal, state, or local governmental agencies because of Hazardous Materials present in soil, sediment, groundwater or state or federal waters. The obligations of CRRC in this paragraph shall survive the completion or termination of this Agreement. LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE �4OF 17- 12. Mothball Plan. CRRC shall prepare a Mothball Plan, as described below, and assumes and remains responsible for the implementation of such plan including financial liability according to the terms of this Agreement, to the extent the City would otherwise have such responsibilities. 12.1. Mariculture Technical Center/Shellfish Hatchery Mothballine. Mothballing is defined here as putting the Facility into a non -operational status. It is a strategy exercised upon notice of termination when there is a reasonable chance that a shellfish hatchery will again operate on the Property in the future. The mothballing focuses on preparing the Facility for a down time that makes it simple to reactivate production. It includes, but is not limited to, the following actions: removal of all plants and animals, disinfection of tanks, pipes, filters, containers, proper storage of all equipment and nonperishable supplies, and installation of an adequate number of alarms for protection of the facility and equipment from vandals, thieves and the weather. The intent is to insure ease of future operations by protecting the Facility and all equipment. CRRC shall, at a minimum perform the following: (1) properly dispose of all animals and plants; (11) repair, clean and disinfect all walls, floors, and other building components; (iii) leave grounds surrounding the Facility in a clean and neat fashion with all trash and useless items removed; (iv) prepare electric and mechanical devices for storage; (v) clean, disinfect and plastic wrap all hatchery culture equipment; (vi) drain and flush all systems and replace all sand in filters; (vii) protect outside tanks from all weather conditions; (viii) install security devises; and (ix) pay all utility costs including, but not limited to, heat, electricity, and phone service to provide approved internal environmental protection to the Facility. The City may inspect the Facility upon CRRC's notification that the mothballing is complete. If CRRC fails to mothball the Facility to the satisfaction of the City, the City may accomplish the mothballing and bill CRRC for all costs. CRRC shall repay all sums so expended by the City within thirty days of receipt of a bill for collection. 13. Nature of Relationship. The relationship of CRRC to the City shall be that of an independent contractor to perform those services set forth in this Agreement or such other services as to which the parties may from time to time agree in writing. CRRC is not an employee, partner, or joint venturer with the City. CRRC's work shall not be subject to supervision by the City and CRRC shall establish its work schedule, in its discretion, and the process and methods to perform the services required by this Agreement. CRRC represents that it has specific expertise in mancultural management, and that it will perform all services in accordance with LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE M OF 17- applicable laws, reasonable and ordinary business customs, and in an efficient manner. 14. Inspection Access. The City, through its authorized agents shall have the right at reasonable times and in a reasonable manner so as not to interfere with CRRC's operations, to have access to the Facility for the purpose of confirming that CRRC is conducting its operations in the manner required by this Agreement or to conduct an inspection or audit. CRRC shall reimburse the City for the City's reasonable costs in utilizing consultants for inspections, audits, and reviews of the Facility and its records, including, without limitation, accounting, environmental, safety, health, regulatory compliance, and operational reviews. Absent negligent, reckless, or willful misconduct by the City, CRRC shall indemnify and hold harmless the City from all claims or liabilities for damages arising out of any injury or property damage sustained while upon the Facility as permitted under this section. 15. Term of Agreement and Option to Extend 15.1 Term: Provided that CRRC has complied with 16 (Insurance), this Agreement shall be effective January 25, 2021, and terminate: A. On January 25, 2026 (five years) unless extended or terminated as provided in this Agreement; B. Upon termination of the Sublease; C. Thirty (30) days following written notice by the City of an Event of Default as defined in Section 17 of this Agreement: i. If such Event of Default is one of a nature curable within thirty (30) days and such default has not been cured; or ii. If such Event of Default is of a nature not curable within thirty (30) days, then in the event CRRC fails to commence the curing of such default within such thirty (30) day period and diligently prosecute the curing of the same; and provided that CRRC shall not have the opportunity to cure if a prior default of any nature and prior notice of default has occurred within one hundred eighty (180) days of such notice; or D. Without any liability of the City to CRRC, the City may terminate this Agreement on 180 days' notice to CRRC. 15.2 Options to Extend. CRRC shall have the right to extend the term of this Agreement for 1 additional five (5) year period, provided that: LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE Pf OF 17- A. CRRC exercises any applicable option to extend at least 30 days prior tothe expiration of the then current term; B. CRRC is not in default under any term or provision of this Agreement; and C. CRRC shall exercise its options to extend by sending written notice thereof in accordance with the provisions of Section 20 of this Agreement. 16. Insurance CRRC shall obtain and maintain during the term hereof, the following minimum insurance coverages, as required by the Lease and this Agreement. Certificates of Insurance are to be provided to the City upon execution of this Agreement, and prior to the inception of work or occupancy, and must provide for a thirty (30) day prior notice to the City and the University of cancellation, nonrenewal, or material change of the policies. Current Certificates of Insurance evidencing compliance with the requirements of this paragraph shall be provided to City on or before each January 25 during the term hereof and upon renewal of each required policy. Failure to comply with these provisions for insurance and Certificates of Insurance shall be an Event of Default. Excepting workers compensation, all policies are to be endorsed to name the University and the City additional insureds and shall provide a waiver of subrogation in favor of the University and the City. All insurance shall be on an occurrence and not a claims made basis. A. Workers compensation and Employers Liability Insurance as required by AS. 23.30.045. The coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection not less than Five Hundred Thousand ($500,000) per person, Five Hundred Thousand ($500,000) per occurrence. Where applicable, coverage for all federal acts (i.e., U.S.L. & H. and Jones Act) must also be included. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and annual aggregate where generally applicable including premises operations, independent contractors, products/completed operations, broad form property damage, blanket contractual, and personal injury endorsements. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non -owned vehicles with coverage limits not less than Two Million LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE ff OF 17- Dollars ($2,000,000) combined single limit per occurrence bodily injury and property damage. D. All Risk Property Insurance (including earthquake and flood) on the Man* culture Technical Center/Shellfish Hatchery and equipment forming part of or otherwise connected to the Facility, in such amounts and with such deductibles as under good management practices are ordinarily provided for similar buildings and equipment, but in no event in an amount less than the replacement value of the Facility. The City shall also be named as a loss payee on any settlement under this insurance and CRRC shall be obligated to pay the deductibles. The City, at its option, has the right to pay any delinquent premium upon any of the policies if necessary to prevent a cancellation, nonrenewal, or material alteration thereof, and CRRC agrees that it shall, within thirty (30) days, reimburse the City. 17. Default 17.1 Events of Default of CRCC. Each of the following events shall constitute an Event of Default under this Agreement: 17.1.1 Failure to Pay. The failure of CRRC to pay any sum of money due under this Agreement within ten (10) days after the same is due hereunder. 17.2 Default of Covenants or Conditions. 17.2.1 Failure to Pay. Failure by CRRC in the performance or observance of any covenant or condition of this Agreement (other than a default involving the payment of money or under Section 17.1.1 hereof), which default is not cured within thirty (30) days after the giving of notice thereof by the City, unless such default is of a nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall be declared so long as CRRC shall commence the curing of the default within such thirty (30) day period and shall thereafter diligently prosecute the curing of same. 17.3 Compliance with Health and Life/Safety Codes. Failure by CRRC to operate or maintain the Facility in compliance with health and life/safety codes as required by this Agreement, local, state, or Federal law or permit. 17.4 Representations or Warranties. If any representation or warranty by CRRC contained in this Agreement or any document provided to the City by CRRC is false in any material respect as of the date of the making or furnishing thereof and which would have a LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE R OF 17- material adverse effect on the Facility or this Agreement. 17.5 Execution, Insolvency. The sale of CRRC's interest in this Agreement under attachment, execution, or similar legal process; or if CRRC is adjudicated as bankrupt or insolvent under any state bankruptcy or insolvency law or an order for relief is entered against CRRC under the federal Bankruptcy Code. 17.6 Filine of Bankruptcy Petition. The commencement of a case under any chapter of the federal Bankruptcy Code by or against CRRC, or the filing of a voluntary or involuntary petition proposing the adjudication of CRRC as bankrupt or insolvent, or the reorganization of CRRC, or an arrangement by CRRC with its creditors. 17.7 Admission of Inability to Pay Debts. The admission in writing by CRRC of its inability to pay its debts when due. 17.8 Appointment of Receiver or Trustee. The appointment of a receiveror trustee for the business or property of CRRC, unless such appointment shall be vacated within ten (10) days of its entry. 17.9 Assignment for Benefit of Creditors. The making by CRRC of an assignment for the benefit of its creditors, or if in any other manner CRRC's interest in this Agreement shall pass to another by operation of law. 17.10 Dissolution. The voluntary or involuntary dissolution of CRRC. 17.11 Lease Agreement, The failure of CRRC to comply with any term of the Sublease. 17.12 Other Events of Default. The occurrence of any other event described as constituting an Event of Default of CRRC elsewhere in this Agreement. 18. Remedies of the City on CRRC's Default Upon the occurrence and continuation of CRRC's Event of Default, the City, without notice to CRRC in any instance (except where expressly provided for below), in addition to all remedies available at law, may do any one or more of the following with respect to CRRC: 18.1 Termination. Terminate this Agreement and the rights created herein by giving notice of such election to CRRC. The City, by written notice, may terminate this Agreement, in whole or in part, when it is in the best interest of the City. 18.2 Recover Monies. Recover all monies owed by CRRC to the City under the LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE PROF 17- reimbursement provision of this Agreement. 18.3 Enter Property, Take Possession of Property. With or without judicial process, enter the Facility and take possession of all goods, inventory, equipment, fixtures, accounts, general intangibles, and all other personal property of CRRC situated in or on, or used in connection with, the Facility without liability for trespass or conversion, and may sell all or any part thereof at public or private sale. 18.4 Perform Obligations. Without assuming any obligation to do so, perform, on behalf of and at the expense of CRRC, any obligation of CRRC under this Agreement which CRRC has failed to perform and of which the City shall have given CRRC notice, the cost of which performance by the City, shall be payable by CRRC to the City upon demand, and such sums shall bear interest until paid at a rate equal to ten and one-half percent (10.5%) or the highest rate permitted by Alaska law, whichever is less. 18.5 Specific Performance. Seek specific performance of any term or provision of this Agreement. 18.6 Use of Property, If this Agreement is terminated, the City may enter into other agreements providing for use of the Facility for such term or terms (which may be greater or less than the period which otherwise would have constituted the balance of the term) and on such terms and conditions (which may include concessions or free use and alterations of the Facility) as the City, in its absolute discretion, may determine. If required by the City in writing prior to the effective date of termination, CRRC shall implement and complete the Mothball Plan. Thereafter, and with the termination of the Agreement, CRRC shall have no further obligations under the Agreement unless expressly stated otherwise in this Agreement. 18.7 Other. Nothing herein shall limit the City's remedies at law or in equity. 19. Property Ownership Nothing in this agreement transfers the title, land jurisdiction, or ownership of buildings or structures from the City to CRRC. LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE PROF 17- 20. Notices Notices required by this Agreement shall be in writing and shall be effective when hand - delivered or when received if sent by registered or certified mail, return receipt requested, or three (3) days following postmark if sent by first class mail, postage prepaid to the addresses listed below. Each party shall notify the others in writing of any change in address: The City: City of Seward P.O. Box 167, Seward, Alaska 99664 Attn: City Manager with a copy to: Boyd, Chandler, Falconer & Munson, LLP 911 West 8th Avenue, Suite 302, Anchorage, Alaska 99501 The Operator: Chugach Regional Resources Commission 1840 Bragaw Street, Anchorage, Alaska 99507 Attn: Jeff Hetrick 21. Entire Agreement CRRC and the City acknowledge that this Agreement constitutes the entire agreement between the parties hereto. 22. Amendments No changes or modifications may be made to this Agreement without prior written consent signed by the City and CRRC. 23. No Assignment This Agreement may not be assigned in whole or in part. 24. Survival CRRC's responsibilities and duties under Section 11 - Indemnification, and Section 12 - Mothball Plan of this Agreement shall survive the termination of this Agreement. 25. Force Maieure In the event of Force Majeure resulting in substantial damage to the Facility, the City and CRRC shall assess the damage and elect to repair the Site, contract out the repairs, or terminate the Agreement without fault. The ability to repair will be based on available funding and the level of damage sustained. Neither party will be responsible for any loss or damage resulting from a force majeure. LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE hd OF 17- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: Brenda Ballou, MMC City Clerk CITY OF SEWARD Norman Regis, Acting City Manager CHUGACH REGIONAL RESOURCES COMMISSION By: Jeff Hetrick, Director The University consents to the above Agreement. UNIVERSITY OF ALASKA Its: LEASE AND OPERATING AGREEMENT FOR THE ALUTIIQ PRIDE MARINE INSTITUTE AND SHELLFISH HATCHERY -PAGE 1F OF 17- Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND THE PARTICIPATION AGREEMENT WITH THE STATE OF ALASKA PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) TO INCLUDE THE CHIEF OF POLICE POSITION IN PARTICIPATION WHEREAS, on January 1,1979, the City entered into an agreement with the State of Alaska relating to the participation by the City in the Public Employees' Retirement System of Alaska (PERS); and WHEREAS, Seward City Council has amended the agreement ten times since the original agreement was approved for purposes of including or excluding specific classes of employees from participation in PERS; and WHEREAS, the Chief of Police position was previously excluded from participation when the 91h Amendment was approved via Resolution 2006-040, and the City now wishes to allow this position to participate; and WHEREAS, an amendment to the agreement requires a resolution by council, and this resolution represents the 1 lth Amendment to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby reinstates the position of Chief of Police of the City of Seward (Employer 182) to include participation in the Public Employees' Retirement System. Section 2. The city manager is hereby authorized to execute Participation Agreement Amendment No. 11 between the City of Seward and the State of Alaska, Department of Administration. Section 3. This resolution shall be retroactive to December 21, 2020. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. 93 Agenda Statement Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Sam Hickok, Acting Finance Director Agenda Item: Reinstatement of PERS coverage for the Chief of Police position BACKGROUND & USTIFICATION: The City of Seward entered into an agreement with the State of Alaska to cover eligible municipal employees in the Public Employees Retirement System ("PERS"), beginning January 1, 1979. Since that time, the Agreement has been amended ten times, to include or exclude specific classes of participants. The Chief of Police position was removed from PERS through Resolution 2006-040. The administration proposes to reinstate the position of Chief of Police into PERS. The former Chief of Police was hired under House Bill 242 that allowed a waiver for PERS retirees to re enter the workforce without accruing additional PERS benefits. The City has hired a Police Chief that was formerly in PERS and wishes to continue to be in PERS. This resolution will be retroactive to the employee's hire date so there will be no lapse in PERS contributions. INTENT: To authorize the Acting City Manager to take all steps necessary to execute an amendment to the Participation Agreement between the City of Seward and the State of Alaska, Department of Administration, to reinstate the position of Chief of Police into PERS. CONSISTENCY CHECKLIST: Comprehensive Plan (document solace here): Strategic Plan (document source here): 3. 1 Other (list): T v Yes 4 No , N/A FISCAL NOTE: There is no cost from the State of Alaska associated with adding a position into PERS. The 2020/2021 budget anticipated the possibility of adding the Chief of Police back into PERS, so contributions for this position are already included in the General Fund retirement account no. 01000-1210-6201. Approved by Finance Department: 94 ATTORNEY REVIEW: Yes No Not Applicable X_ RECONEWENDATION: Council approve Resolution 2021-013, reinstating PERS coverage for the Chief of Police position. 95 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 200640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS), TO EXCLUDE SEASONAL EMPLOYEES AND THE CHIEF OF POLICE FROM PARTICIPATION WHEREAS, the City of Seward ("City") and the State of Alaska entered into an agreement ("Agreement") relating to participation by the City in the Public Employees' Retirement System of Alaska ("PERS"), beginning January 1, 1979; and WHEREAS, the Seward City Council has amended the Agreement eight times since the original agreement was approved, for the purpose of including or excluding specific classes of employees from participation in PERS; and WHEREAS, PERS audits have resulted in recommendations that the City specifically amend the Agreement with PERS to exclude from participation the City's seasonal employees as defined in Seward City Code 3.01.035(R), in order to clarify that the City has not and does not cover seasonal employees under the PERS program; and WHEREAS, the City further desires to exclude the position of Chief of Police from participation in PERS, based on the sunset provision of HB242 passed by the Alaska State Legislature in 2005; and WHEREAS, an amendment to the PERS Agreement requires a Resolution by Council, requesting specific modifications to the Agreement, and this Amendment represents the ninth Amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council of the City of Seward (182) hereby excludes seasonal employees (as defined by SCC 3.01.035(R)) from participation in the Public Employees' Retirement System. Section 2. The City Council of the City of Seward (182) hereby excludes the position of Chief of Police from participation in the Public Employees' Retirement System. Section 3. The city manager of the City of Seward is authorized and directed to take any and all steps necessary to execute Participation Agreement Amendment No. 9 between the City of Seward, and the State of Alaska, Department of Administration. Oil CITY OF SEWARD, ALASKA RESOLUTION 2006-40 1 Section 4. 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 April, 2006. THE CITY OF SEWARD, ALASKA :��A 'a"'-,'/" - Vanta Shafer, Mayor AYES: Dunham, Valdatta, Lorenz, Schafer, Thomas, Bardarson, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: Johavina hide City Clerk) AC17 4IoItstlAriy* *0�0 s a SEZw • i • r +�iSA •G��1 � �R�: S Ty • 1 97 Meeting Date Through: From: COUNCIL AGENDA STATEMENT April 24, 2006 Clark Corbridge, City Manager 61 k q-IV - 04 Kristin Erchinger, Finance Director Subject: Elimination of PERS coverage for seasonal em to ces and the Chief of Police position BACKGROUND & STIFICATIaN The City of Seward entered into an agreement with the State of Alaska to cover eligible municipal employees in the Public Employees Retirement System, beginning January 1,1979. Since that time, the Agreement has been amended nine times, to include or exclude specific classes of participants. The administration proposes to exclude two classes of employees from PERS coverage, seasonal employees and the position of Chief of Police. The City has never covered seasonal employees under PERS, but because the City's definition of seasonal employees is slightly different than the State's definition, we propose an amendment to explicitly state that seasonal employees as defined by Seward City Code, are explicitly excluded from coverage under PERS. We further recommend excluding the position of Chief of Police from PERS. The current Chief was hired under the State's rehired retiree program, approved in 2001 by House Bill 242 C'HB242" ). The provisions of HB242 are slated to sunset at the end of 2006. EB242 authorized an employment waiver for PERS retirees to re-enter the workforce without accruing additional PERS benefits, resulting in a cost savings to the City of not having to pay PERS contributions for this position. By excluding this position from participation in PERS, the City will not pay PERS contributions for this position, and the Chief will continue his employment unaffected by the sunset provision of HB242. CONSISTENCY CHECKLIST: 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable Yes No W4 FISCAL NOTE: This resolution will result in a savings to the City of $11,700 from the 2006 Budget. The City does not currently pay PERS contributions on behalf of seasonal employees or the Chief of Police position. However, if the City does not exclude the Chief of Police position from coverage, the City will pay PERS contributions on beh f of this position, of approximately $11,700 per year. Approved by Finance Department RECOMMLNDATION: Council approve Resolution 2006-1 excluding seasonal employees and the Chief of Police from participation in the Public Employees Retirement System, and execute PERS Amendment 9. 98 L Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE CONTINUED DEVELOPMENT OF THE ALASKA LONG TRAIL FROM SEWARD TO FAIRBANKS WHEREAS, the Alaska Long Trail is an initiative sponsored by Alaska Trails that seeks to establish a 500-mile trail from Seward to Fairbanks, with a potential expansion extending north of Fairbanks for a total length of 2000 miles; and WHEREAS, supporting the Alaska Long Trail is consistent with Seward Parks & Recreation's mission to preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations; and WHEREAS, the Seward 2030 Comprehensive Plan, Goal 3.6.1.1, is "Improve existing and develop additional recreational infrastructure"; and WHEREAS, the Alaska Long Trail would expand recreation opportunities for the local community, as well as for tourists; and WHEREAS, the Alaska Long Trail would impart major recreation and economic benefits to Seward and Alaska by attracting highly sought-after independent travelers; and WHEREAS, Seward, as a terminus city, stands to gain in particular in terms of job creation, business opportunities, and tax revenue; and WHEREAS, now is the time to invest in a sustainable future for Seward and Alaska by supporting the development of a route that will stand alongside the other grand trails of the world. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby supports the development of the Alaska Long Trail sponsored by Alaska Trails. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. OR COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Tyler Florence, Director of Parks & Recreation Agenda Item: Authorizing support for the development of the Alaska Long Trail BACKGROUND & JUSTIFICATION: The Alaska Long Trail is an initiative sponsored by Alaska Trails that seeks to establish a 500- mile trail from Seward to Fairbanks, with a potential expansion extending north of Fairbanks for a total length of 2000 miles. Long trails, such as the Appalachian Trail and Pacific Crest Trail, engage visitors in activities ranging from nature viewing and simple day hikes to multi -week, thru- hiking expeditions. Long trails are high -profile attractions that serve as major economic drivers for the region. The terminus cities in particular, such as Seward, stand to benefit from increased business opportunities, job generation, and tax revenue. Demand for nature walks and hiking is the fastest growing activity for out-of-state Alaska visitors (air and cruise), and there is potential to increase annual visitor spending upwards of $137 Million, This initiative will also help expand Iocal sustainable industry, supporting both immediate and long-term AIaskan jobs and Alaskan -owned businesses. Many sections of the proposed trail already exist or are currently planned, and the proposed route is almost entirely on public lands, dramatically reducing complexity and cost. There is widespread support from landowners, state, federal and nonprofit entities for these types of trail projects. Recommend we invest in a sustainable, healthy, and happy future for Seward and Alaska by supporting the development of this trail initiative. INTENT: Authorize support for the development of the AIaska Long Trail. CONSISTENCY CHECKLIST: Comprehensiv e Plan (2030, approved by Coanr,-i1 3.6.1.1 Improve existing and develop additiona infrastructure. Strategic Plan (Approved by Council Resolution 9 Provide diverse, year-round, indoor and outdo facilities...(y �.3) Yes No NIA May 30, 2017): 1 recreational X 9 ­043): or recreation X `r1it Other (list): FISCAL NOTE: There are no costs associated with this support resolution. Approved by Finance Department: ATTORNEY REVIEW: Yes No - Not Applicable RECOMMENDATION: Approve Resolution 2021-014, to support the development of the Alaska Long Trail sponsored by Alaska Trails. Fairbanks r . �r Nenana 1 1' 1 r I Healy Denali Nat'l Park THE ALASKA LONG TRAIL: A PATH FOR A STRONGER SUSTAINABLE ECONOMY Cantwell .. • ,. w .�s ..., 'Ir Vz Denali State Park i From the Camino de Santiago in Spain to the Great Himalayan t Trail in Nepal, the Inca Trail in Peru to the Appalachian and t Talkeetna Pacific Crest Trails in the United States, long trails have captured the attention of travelers the world over. With some of the most stunning wilderness in the world, Alaska is long overdue in creating a world class long trail of its own. Long trails ' engage visitors in everything from simple day hikes to multi - week, bucket list lifetime accomplishments. Alaska Trails and its ihtP ss partners are proposing such a route connecting Fairbanks and Palmer 1 Seward. .� Mirror This first 500-mile segment could ultimately expand into a ,# lake 2000+ mile trail extending north from Fairbanks to the Brooks horage�, `�♦ Range and the North Slope, and south to a future SE Long Trail, following an alluring mix of trails and ferry rides. Many sections 4L of the proposed Alaska Long Trail already exist or are currently Girdwood 1 planned, and the route is almost entirely on public lands, �— enormously reducing the complexity and cost of the trail. 1 It is time for Alaska to invest in its future by creating a route that will stand with the other great long trails of the world. Seward ALASKA TRAILS Itoy, • Three Million Visitors a year hike a portion of the Appalachian Trail. • 100% Increase: growth in National Park Service requests for John Muir Trail permits from 2011 to 2015. • Growing Demand for Hiking: the fastest growing activity for both air and cruise out-of-state Alaska visitors 2011-16. • $137 Million in increased annual Alaska spending if just 1/2 of out-of-state visitors added "One More Day" to their trip. • $412 Billion: Outdoor recreation is the "Sleeping Giant of The US Economy," providing 2.2% of the total US GDP, larger than fishing, farming, forestry, utilities, or telecommunications. • Momentum and Landowner Support: Nearly all the route is on public lands; much of the trail exists today or is in progress • Manageable Costs: Most of the route crosses the kinds of terrain where trail construction and maintenance costs aren't excessive • Economic Impact: Proximity to communities will generate jobs, business opportunities and tax revenue. • "Go/dilocks Factor": Wild Alaska, but manageable logistics; lots of options to hike subsets of the full trail. • Wow Factor: A trail through spectacular country, with generous servings of mountains, glaciers and wildlife, spiced with history BOTTOM THE ALASKA LONG TRAIL DELIVERS A BIG PAYOFF Completing this trail could help get Alaskans back to work during this time when so many people have lost jobs due to the COVID pandemic. The trail will attract highly sought-after independent travelers that bring a host of benefits to the local economy. ALASKA Alaska is ready to expand the foundation for a clean and sustainable industry, an TRAILS industry that will support both immediate and long-term Alaska jobs and Alaskan - owned businesses. Visit Alaska Trails for more information https://www.alaska-trails.org/the-alaska-long-trail `1IN Seward to Anchorage Corridor: EXPANDING TRAILS & HUTS The Seward to Anchorage corridor offers something valuable and rare in Alaska: a road accessible, beautiful mountain landscape, connecting Alaska's centers of population and most visited destinations', and managed to provide and sustain recreation opportunities. The 120+ mile drive from Anchorage to Seward goes through awe-inspiring terrain, from coastal waters to alpine valleys, crossing through Chugach National Forest and Chugach State Park. Along the way is a string of attractive small towns, providing commercial services from hotels to gear rentals. The area is rich in recreation, history and culture, including the Southern Trek of the world-renowned Iditarod National Historic Trail. Much of the Iditarod route and the adjacent trail system is already in place, ranging from well - established to primitive backcountry routes. Filling these gaps could provide a seamless route from Seward to Anchorage, and a big, achievable step towards a "long trail" extending to Fairbanks. The Iditarod is just one part of a larger system of trails in the corridor. In the National Forest these include the Resurrection and Lost Lake trails, and Whistle Stop system with its planned but -to -hut system. Trail routes continue into Chugach State Park, including Arctic to Indian, Crow Pass trails and trails along Turnagain Arm with a key missing link near the community of Indian. Improving these trails and taking greater advantage of the area's inviting towns and other recreation amenities could help this ACCESSIBLE Opportunities: Alaska's most visited overnight destinations Anchorage # 1, Seward #4 186 Mile "Long Trail" once gaps are filled between Seward & Eagle River/Anchorage 5 communities along the Corridor; inviting places to stay, dine, shop or refill a backpack +22.9% Increase in cross -gulf cruise passengers 2018 to 2019 corridor become an even more attractive statewide and international four -season destination, bringing real benefits to corridor communities and regional residents and helping grow year- round jobs and businesses. 1 Alaska Visitor Statistics Program - AVSP 7 — Section 5: Visitor Profile - Destinations and Activities I[oi! SUMMARY OF RECOMMENDED INVESTMENTS The table below presents the list of projects identified in discussions with agencies, industry associations, public interest nonprofits and trail user groups. These projects fill the gaps and add bridges along the route of the Southern Trek of the INHT, and also recommend implementation of the Whistle Stop but -to -hut trail system, as well as extension of the INHT through the State Park and improvements to adjacent trail systems. Details are presented on the following pages. Seward -to -Anchorage Corridor Projects Summary Project I Lead and Support Estimated Cost Priority & Status 1. Iditarod National Historic Trail —Southern Trek Phase 1- Trail Construction Forest Service, National Forest Foundation, Alaska Trails, Student Conservation Association, Chugach Children's Forest $970,000 Near Term (Shovel Ready) Phase 1- Trail Bridges $4.6 million Near Term (Shovel Ready) 2. Whistle Stop/Glacier Discovery Trail and Hut to Hut System Planned Trail Construction Forest Service, Alaska Huts Association, National Forest Foundation, AK Railroad $3.4 million Near Term (Shovel Ready) Trail Bridges $750,000 Near Term (Shovel Ready) Hut -to -Hut System, Phase 1 Alaska Huts Association $1.032 M Near Term (Shovel Ready) Hut -to -Hut System, Phase 2 Alaska Huts Association $1.08 M Near Term — Planning in Progress 3. Chugach State Park Connectors Crow Pass Trail - Brushing Chugach State Park, Alaska Trail Stewards $15,000 Near Term (Shovel Ready) Crow Pass Trail - Reroutes Chugach State Park $3 million Mid Term - Planning needed Arctic -to -Indian —winter Chugach State Park $10,000 Near Term — Planning in Progress Arctic -to -Indian — summer Chugach State Park $350-500,000 Mid Term - Planning needed Windy Corner Connector AK DOT/PF $3 million Near Term — Planning in Progress Potter Marsh -Indian Trail AK DOT/PF Est. $5 million Longer Term — Planning needed PARTNERS AND SUPPORTERS1 Partners and supporters that helped develop and refine these recommendations include Chugach National Forest, Bureau of Land Management, Chugach State Park, National Forest Foundation, Iditarod Historic Trail Alliance, Kenai Mountains -Turnagain Arm National Heritage Area, Alaska Trails, Seward Iditarod Trail Blazers, Alaska Mountain and Wilderness Huts Association. 1 See Introduction for what is meant by partners and supporters. 111R 3 Eagle River A]IC holmgc Arctic to /lndian Trail Cook Inlet Turnagain Brrd to Girdwood ` ZTraii - Traftli INHT Winner \ Creek Trail Girdwood INHT �.' Girahroo� I lop u9rrz'r.•1 >n � r i INHT Crow Pass Trail INHT Upper Winner Creek Trail INHT Tweniymile Trai! • INHT Turnagain Pass Portage Curve Snow Machine Trail A'Multimodal Connector • �• � - INHT Trail INHT Ingram of Blue !ce Creek Trad - �. hither r6 INHT Tumag in Pass Trail INHT Portage Pass Trail } spencer Vvhistlestop / Glacier �4-, Discovery Trai! INHT Johnson b Pass Trail Grandview Vohiatlestop \yr�- - Chugach ,.'r-_1NHs Moos Traf) Pass hail r I�tnpcf•' 1 { f 1 t f':155 S vagf Lake Trail l.�f �• Falls Creek Trail ` 1 Ikr' 11 Ptarmigan Trail Victor Creek Trail ` ' INHT Meridian - Trail Lakes r r ~INHT k INHT Moose 4 x a� Primrose—_}' iF Pass Trail Trai! t \� INHTLost ,\ Lake Trail�J•� p 4-,lNHT Bear t,r Lake Trail Kenai t Fjords r National ScnilrtI (� Park 0 0 2.5 5 National Forest C� — Existing INHT- Trails Planned INHT°Trails Existing INHT' Water Route ...... Other Potential Trails — — — Other Existing Trails Road —� Railroad ! Bridge Needed whistlestop Chugach National Forest Kenai National Wldlife Refuge Kenai Fjords National Park Chugach State Park *Iditarod National Historic Trail 10 15 20 Miles Trails and locations featured in the Seward -to -Anchorage Corridor chapter. Source: US Forest Service 11112, v Lr) r-i Ln � Ln LLI3 Z o en v +J o z +� c ? (A ¢ QLLJo `�o Wv o°+J c> o LnW u c E c i a00 J Ln a *� 'LL c J O 3 v p N `c° ` c c C) In i Q E is 'ro m a -°6 O v O> A � Ln 7 N c M � W ^ ° v s +� + W ro . („} x E -0 E° z LL o c c a> b c wJ W W v *' o G s n .� Ln Q a°i c W z 6 0 +� v a v o w 0 a M eA o v v v c c lD ° M ro rl rio s O> s W >> u E LL iP? tivo r`o ih.E.E inr02 wAn LM .5oz ® v,.E v+-J N i E -W an,E `o W o 'a v o :> LLI o Q ® W s Y (P i 2 fl- �_ 'a ° yam, t--6 ® Q r�o z ll zN V o z v Z po oJ�H Yec3` 0UN W0 � � m LL c O a ��s v�•�c a°o -Lo® ? ` o m' V 0)*' E C J "6 Z CAA O a (� "' s D I ro ' o "6 o C N 7 to C 6 yJ cVQ N N o O o bA N ro J i Q` ro ra N a c M Q0 v 3 a Ns c� �W�qy 3 oN W '> � °ma's° C }r Q {� o V N� {� Q O J m + G s Z '6 i dA � a1 0 Q _0 o ° s N O .° cn v J 3 +- ° +J bo U J ro ca Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ELECTRIC POWER SYSTEMS, INC. TO REPAIR AND UPGRADE THE CONTROL SYSTEM FOR GENERATOR #3 IN THE AMOUNT OF $258,778, PLUS TEN PERCENT CONTINGENCY OF $25,878, FOR A TOTAL NOT -TO -EXCEED $284,656, AND APPROPRIATING FUNDS WHEREAS, the City of Seward owns a backup generation facility comprised of six Electro-Motive Diesel (EMD) generators which require specialized knowledge, equipment, and expertise to maintain, upgrade, and repair; and WHEREAS, the primary goal of the backup generation facility at the Fort Raymond substation is for the generator to be ready to provide power to the Seward Electric Service Area if or when the transmission line to Seward is severed; and WHEREAS, another goal of the City is to maintain the backup generation plant to a specific standard that allows the generators to run from a black -start status at a moment's notice when needed; and WHEREAS, the current control system for Generator 93 has served its useful life and is no longer supported by industry manufacturers for replacement parts; and WHEREAS, Electric Power Systems, Inc. (EPS) installed the current control systems and has exclusive engineering knowledge of the Fort Raymond backup generation facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to enter into an agreement with Electric Power Systems, Inc. in the amount of $258,778, as attached herein. Section 2. The purchase order may be increased by an additional amount not -to -exceed $25,878, reflecting a contingency allowance of 10%, at the discretion of the city manager. Section 3. This purchase adheres to SCC § 6.10.120.8 for purchasing. Section 4. Funding in the amount of $284,656 is hereby appropriated from Electric Fund reserves account no. 15000-0000-3400 to capital equipment account no. 15000-3003-8103. Section 5. This resolution shall take effect immediately upon adoption. 108 Agenda Statement Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Cory R. Borgeson, Interim Electric Department Director Agenda Item: Enter into an agreement with Electric Power Systems in an amount not -to -- exceed $284,656 to provide the engineering, programming and construction services to repair and upgrade the control system for generator #3 BACKGROUND & JUSTIFICATION: The City of Seward owns, operates and maintains a backup generation facility. This facility has six diesel fired EMD type generators. In 2010, the City upgraded the facility by adding two generators and building a generator building to house four generators. In 2016, two generators that were on site in arctic packs were moved into the generator building. This leaves two (generators 3 & 6) in an older building. Generator #6 was upgraded in 2020. The useful life of the control system for generator #3 has ended and must be upgraded. As part of this upgrade, generator #3 will be incorporated into SCADA (Supervisory Control and Data Acquisition) for monitoring and control. The specific deliverables are outlined in the proposal as attached. This gives the City multiple starting options in the event of a blackout. Another added benefit of upgrading the controls is that the Electric Department will have the ability to run the generator in Isoch status which will save on fuel costs. Electric Power Systems, Inc. (EPS) was chosen to perform this work due to their familiarity with the plant. This familiarity relates to a savings in time costs. Sole sourcing this type of work is allowed under Seward City Code section 6.10.120.A.8 To the purchase of professional services. INTENT: To authorize the City Manager to approve a purchase order with Electric Power Systems, Inc. (EPS) in the amount of $258,778 plus a contingency of $25,878 for design and engineering of the repair and upgrade for generator #3 control system. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Comprehensive Plan ( L 3, 3. 7. 3. 1, 3. 7.3. 2) 1. Continue to upgrade and expand utilities to meet existing needs and X encourage future development. 2 Strategic Plan: The mission of the City of Seward government is to provide quality leadership and economic wellbeing of its citizens X 109 L-3] Other (list): X FISCAL NOTE: A not -to -exceed amount of $284,656 will be appropriated from Electric Fund reserves to capital equipment account no. 15000-3003-8103 for the repair and upgrade of generator #3. Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: Council approve Resolution 2021- , authorizing the City Manager to approve a purchase order to EPS for engineering and deliverables of the upgraded controls and system drawings for generator #3 in the amount of $258,778 with a 10% contingency of $25,878 and appropriating funds. 110 ektrk Power Systems OansulVng Eripneefs -ma December 9, 2020 City of Seward 410 Adams St. P.O. Box 167 Seward, AK 99664 Attn: Cory Borgeson/James Unrein Subject: Fort Raymond Substation Generator 3 Control System Upgrade Mr. Borgeson/Mr. Unrein, Electric Power Systems Inc. (EPS) is pleased to present the City of Seward (COS) with a budgetary estimate to upgrade the control system on generator #3 at the old power plant building at Fort Raymond Substation. EPS received a request in November for the proposal due to issues with the unit and wanting the ability to remotely operate unit 3 like the other five units that were previously upgraded. To resolve these issues, it was requested to upgrade the governor, voltage regulator, engine control panel including the PLC, and add instrumentation similar to the other units that have been upgraded. The budgetary estimate for this upgrade is $284,655. EPS will provide stamped design drawings for the installation of the Woodward 2301 E governor, Basler DECS-250 voltage regulator, Woodward SPM synchronizer, EPM6000 digital meter, push buttons/lights/switches on the panel, engine instrumentation, PLC with remote 1/0, and network switch. A GE PACS RX3i controller will be installed for the engine controls, which will match the PLC's on the other generators. Because the new PLC's will be on the same platform, no new PLC software licenses will need to be purchased by COS. This project will require more design time for design drawings and installation because of the lack of existing drawings for the unit. The GE SR489 relay will be reused, and the generator breaker will not be replaced. A certified EMD technician will install a new actuator and MPU. Twelve new sensors to monitor temperatures and pressures on the engine will be installed similar to the other units. The power plant operator confirmed that there are half inch FNPT connection ports for the cylinder temperatures that are capped. This proposal does include adding thermocouples for the cylinder temperatures, but it is assumed the plugs can be easily removed and used (the unit was originally installed in the 70's or 80's). A generation engineer will be on -site for construction and commissioning of the new PLC and replace the PLC's with an electrician. A complete 1/0 checkout will be done, and operation of all instrumentation will be verified. EPS will provide signed and electronic as -built drawings upon completion of the commissioning. Generator #3 will not be available for operation during the construction, but the rest of the power plant will be fully operational. www.epsinc.com PHONE (907) 522-1953 13305 ARCTIC BLVD., SUITE 201, ANCHORAGE, ALASKA 995031 FAX (907) 522-1182 PHONE (907) 789-2474 12213 JORDAN AVE, JUNEAU, ALASKA 99801 1 FAX (907) 789-4939 PHONE (425) 883-2833 1 4020 148th AVE. N.E., SUITE C, REDMOND, WASHINGTON 980521 FAX (425) 883-8492 INS The existing Wonderware Intouch HMI application will be updated for generator 3. EPS estimates the installation and commissioning will be approximately two and a half weeks. During the initial week, an electrician, a mechanic, and an electrical engineer will work to install all of the instruments and hardware. Two SCADA integrators will be on -site for commissioning after the first week. Gen #3 Controls/PLC Upgrade Item Description Cost 1 Engineering/Design $32,412 2 Drafting and/or AutoCAD Conversion $6,390 3 PLC programming/testing of generator $10,416 4 HMI programming for new screens/tags $7,140 5 Project management/Procurement/O&M $13,788 6 PLC and Communication Hardware $12,255 7 Electrician & Engineer Installation/Commissioning and Expenses $56,638 8 PLC/HMI Travel/Installation/Commissioning and Expenses $31,944 9 Post Commissioning PLC/HMI Programming Updates/Tuning (remote) $1,488 10 Engine Sensor installation $13,968 11 Governor upgrade (Subcontractor) incl. Actuator & MPU hardware $22,500 12 Elec Parts, 2301E, DECS-250, SPM, Miscellaneous $24,840 13 Installation of Cylinder Thermocouples $25,000 Subtotal $258,778 10% Contingency $25,878 Subtotal $284,655 This estimate is valid for 90 days. This estimate will not be exceeded without client's approval. EPS can begin the purchasing process immediately upon a notice to proceed. If you need any additional information, please call me at (907) 646-5146 or email me at rabe@epsinc.com. Sincerely, Ryota Abe SCADA Group Manager www.epsinc.com PHONE (907) 522-1953 13305 ARCTIC BLVD., SUITE 201, ANCHORAGE, ALASKA 995031 FAX (907) 522-1182 PHONE (907) 789-2474 12213 JORDAN AVE, JUNEAU, ALASKA 99801 1 FAX (907) 789-4939 PHONE (425) 883-2833 1 4020 148th AVE. N.E., SUITE C, REDMOND, WASHINGTON 980521 FAX (425) 883-8492 INVA Sponsored by: Regis CITY OF SEWARD, ALASKA RESOLUTION 2021-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONFIRMING THE SPECIAL ASSESSMENT ROLL OF THE GATEWAY SUBDIVISION IMPROVEMENT DISTRICT AND PROVIDING FOR THE LEVY, PAYMENT TERMS, AND PENALTIES OF THE SPECIAL ASSESSMENT DISTRICT, AND APPROPRIATING FUNDS WHEREAS, following apublic hearing held on January 27, 2020, the Seward City Council authorized the construction of utility improvements described as the Gateway Subdivision Utility Assessment District; and WHEREAS, a special assessment district was created and will apportion the total cost of the improvements equally among the thirteen (13) properties to benefit from the improvements; and WHEREAS, Ordinance 2020-006 authorized and appropriated $337,375 as the estimated costs of the improvements; and WHEREAS, the total costs of the improvements came in at $427,971.08, and when apportioned among the thirteen (13) properties, results in total assessments to each property of $32,920.86; and WHEREAS, actual costs exceeded the previously -appropriated amount by $90,596.08, so an additional appropriation is necessary; and WHEREAS, the Seward City Council hereby finds that the method of apportioning costs as attached hereto, is fair, and hereby establishes the Special Assessment Roll as attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Special Assessment Roll for the Improvement District known as the Gateway Subdivision Utility Assessment District; a copy of which is attached hereto and incorporated herein by reference, is hereby approved and confirmed. Section 2. Assessments are hereby levied against the properties set forth in the Special Assessment Roll in the amounts listed opposite each property listed in said roll. Section 3. Installment payments are hereby declared acceptable, with payments required pursuant to the following schedule: "K3 CITY OF SEWARD, ALASKA RESOLUTION 2021-016 Annual Payment Date: November 1, 2021 Rate of Interest: Deferred or installment payments of special assessments shall bear interest at an annualized rate of the lesser of- (1) the prime rate plus 4%, as the prime rate is published in the Wall Street Journal's Consumer Money Rates for the date the resolution confirming the special assessment roll is adopted; or (2) 15 percent (15%). Maximum Annual Installments: 10 Penalty for Late Payment: 10% Section 4. Funding in the amount of $45,298.04 is hereby appropriated from the Water Fund account 17000-0-3710-0-80070 to the Utility Improvement District infrastructure account no. 80070-0000-8101. Section 5. Funding in the amount of $45,298.04 is hereby appropriated from the Wastewater Fund account 18000-0-3710-0-80070 to the Utility Improvement District infrastructure account no. 80070-0000-8101. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of January, 2021. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor ME Council Agenda Statement Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, Acting City Manager From: Sam Hickok, Acting Finance Director Jackie C. Wilde, Community Development Director Agenda Item: Assessment Roll for Gateway Subdivision Utility Improvement District BACKGROUND & JUSTIFICATION: In May 2019, the City of Seward received a request to extend utility services and create the Gateway Utility Improvement District. The City Utilities provided cost estimates to provide service to the area, estimating a total cost of $337,375, to be divided among ten (10) parcels. Resolution 2020-006 was introduced to the Seward City Council on January 13, 2020 and was enacted following a second public hearing, on January 27, 2020, this resolution approved a utility assessment district for the following lots: Lots 1, 2, 3, and 4, Block 3, and Lots 38, 39, 40, 41, 42, 43, and 44, Block 2, of Gateway Subdivision. The developer worked with City Manager regarding adding additional Iots to the assessment due to cost of expansion. The project required a I4-foot hole be dug to put the infrastructure in. This hole would have to be dug again for future infrastructure expansion. The City Manager and developer agreed to add the additional lots and put the needed infrastructure in now with an adequate cost savings for the City and developer. The project was completed at a total cost of $427,971.08, which is $90,596.08 over the original cost estimate. These costs will now be assessed to the property owners who benefit from the improvements, upon approval of the assessment roll by the City Council. With a total of thirteen (13) properties being assessed, assessments will be $32,920.85 per lot. Attached, is the assessment roll for the Gateway Improvement District containing property descriptions, names of owners of record, and assessment amounts. Seward City Code 5.20.035 states that "the costs of an improvement shall be the actual costs of the improvement, including acquisition of interests in land for the improvement, design, engineering, administration, overhead, professional services, guarantee fund, bond costs, and interests accrued as a result of the improvement and all other costs resulting from the construction of the improvement." The backup documentation supporting the costs of the improvement district is available in the finance department. No public hearing is required, due to the fact that the affected properties are owned by the applicant of the assessment district. On January 25, 2021, the Council shall determine the assessment roll. The resolution shall provide for the levy and repayment terms, including interest rate, and proposed penalties for late payments. No payment shall be required within sixty days after the resolution. Deferred or installment payments shall bear such interest as the City Code 115 may prescribe in the resolution. It should be noted that per SCC 5.20.092, if an assessment installation payment is delinquent for more than six months after the due date, the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance, shall be immediately due and payable. In the event the balance remains unpaid, the property then becomes subject to foreclosure by the City. The administration recommends that the interest rate be set at 4% above the prime rate as quoted in the Wallstreet Journal Consumer Money Rates section on the day Council approves the assessment roll. As of December 28, 2020, the prime rate was 3.25%. The maximum rate allowed by State law for real property taxes is 15%, per AS 29.45.250. The administration recommends that the interest rate for special assessments not exceed the maximum rate allowed for property taxes. The administration further recommends that the penalty rate be set at 10% which is the same rate used by the Kenai Peninsula Borough for delinquent payment of property taxes, and the same rate used for the City's other special assessment districts. It is also recommended that individuals desiring to finance their assessments, be allowed to finance them over ten years, with annual installment payments beginning November 1, 2021. Annual payments for a $32,920.85 assessment repaid over ten years at an interest rate of 7.25% are $4,741.50. INTENT: Confirm the special assessment roll of the Gateway Subdivision Utility Improvement District, providing for the levy, terms of repayment, and penalties of the special Improvement district. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here):7.1 pg 2-20 The rate of housing developed outside city limits continues to outpace development within Seward...... The City can continue to explore incentives to develop reasonably priced housing within Seward such as zoning changes or tax increment finance. 13.5 pg 2-30 ... Some development within city lintits is stymied by the lack of sufficient water and sewer service. 2.2.11 pg I- 10 Promote infill development by encouraging and promoting X construction on vacant sites in areas of the city which are already established.3.3.1 pg 1-14 Encourage development of new housing in Seward. 3.3.1.2 pg 1-14 Create incentives to provide land for housing development within the City of Seward. 3.3.1.3 pg 1-14 Assess solution to extend cost- effective utilities to home sites on land zoned for residential development. Authorize engineer studies to determine the cost of utility extensions to developable land with in the city. Strategic Plan (document source here): pg 3 Growth Management and Land Use Planning. We have an attractive community in which to live work be educated and recreate where growth is orderly and driven by community consensus Growth and land use planning are coordinated through the collaboration of private and public entities We promote and facilitate balanced development. Pg 5 Develop 2. infrastructure expansion plans for currently undeveloped X residential and commercial property. pg 9 Promote Residential and Commercial Development Inside the City Encourage construction of residential and seasonal housing at all market levels. Pg 18 Expand availability of affordable diverse year-round housing. Seward has a wide range of housing alternatives to meet the varied needs of Seward s long term and seasonal residents. 3. Other (list): 116 FISCAL NOTE: Council approved Resolution 2020-006, appropriating $337,375 for the Gateway Improvement District. Actual costs came in $90,596.08 above theestimate, requiring an additional appropriation to be split between the Water and Wastewater enterprise funds. Approved by Finance Department: C — li44645L - ATTORNEY REVIEW: Yes No X..—m.— Not Applicable RECONVAENDATION- Approve Resolution 2021- 016, confirming the special assessment roll of the Gateway Subdivision Utility Improvement District, providing for the levy, terms of repayment, and penalties of the special Improvement district 117 CITY OF SEWARD, ALASKA Notice of Levy of Assessments Gateway Subdivision Utility Assessment District Pursuant to Chapter 5.20 of the Seward City Code, the following assessments have been levied by the City of Seward, Alaska, for the cost of special improvements which were constructed and described as the Gateway Subdivision Utility Assessment District. The cost of the improvements have been apportioned equally among the thirteen properties which will benefit from construction of the improvements. All property owners were properly noticed of all hearings and actions of the Seward City Council with respect to the assessments. The assessments were levied by the passage of City of Seward Resolution 2021-XX on January 25, 2021. The affected property owners' names and addresses, the legal descriptions of the relevant parcels of real property, and the assessment amounts are found on the attached table. Dated this 25t' day of January, 2021. Brenda Ballou, MMC City Clerk After recording, return to: Community Development City of Seward P.O. BOX 167 Seward, AK 99664-0167 Attachment (1 page) vi vi vi vi vi vi vi vi vi vi �o �o �o 0 M M M M M M M M M M M M M CF' ¢ ¢ 69 69 69 69 69 69 69 69 69 69 69 69 69 69 3 3 3 3 3 3 3 3 3 3 3 3 3 w w w w w w w w w w w w w 9a 9a 9a 9a 9a 9a 9a 9a 9a 9a 9a 9a ¢ w w w w w w w w w w w w w vi \O l� 00 a1 O N M �t o0 a, O yM M M M M M M M M M M M M M M M M M M M M M M M M M O w w w w w w w w w w w w w w w w w w w w w w w w w w > > > > > > > > > > > > > O N N N N N N N N N N N N N Q Q Q Q Q Q 9a Q Q 9a 9a 9a 9a z zzzz -� Q O O O O O U Q Q Q Q Q Q P-i Q Q Py Py Py Py O O O O M O O O O O O O ,ri P-i O N O N O N O N O N O N O N O N O N O N O N O N O N O O O O O O O O O O O O O O O O O O O O O O O O O O � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 I IP0, Kenai Peninsula Borough CIS Division PARCEL REPORT PARCEL ID: 14535135 12/17/2020 11:23 Total Acreage: 0.19 n � LX SEWA D SEWARD a X BENSON DR BENSON DR Lu Z w Z Uj 3 tA LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 44 BLK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2003 DUNHAM DR LAND VALUE: $8,600 ASSESSED VALUE: $8,600 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $8,600 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. UP& Kenai Peninsula Borough CIS Division PARCEL REPORT 1211712020 11:24 PARCEL ID: 14535134 Total Acreage: 0.24 LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 43 BLK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2005 DUNHAM DR LAND VALUE: $9,900 ASSESSED VALUE: $9,900 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,900 BUILDINGS ON THIS PARCEL: Building Type Square Footage Year Built OWNERS: Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted For accuracy verification. ff��: Kenai Peninsula Borough GIS Division PARCEL REPORT 12/17/2020 11:25 PARCEL ID: 14535133 Total Acreage: 0.27 rs 0 v LDUNHAMDR S E W A 7 1') SEWARDI 0 a x BENSON DR Z w O 2 a I LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 42 ELK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2007 DUNHAM DR LAND VALUE: $10,500 ASSESSED VALUE: $10,500 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $10,500 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 123 Kenai Peninsula Borough CIS Division PARCEL REPORT 12/17/2020 11:35 PARCEL ID: 14535131 Total Acreage: 0.22 v 0 n v S E 1N A Iq D SEWARD LDUNIHAM OR a x BENSON DR Z W 0 a LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 40 BLK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2011 DUNHAM DR LAND VALUE: $9,400 ASSESSED VALUE: $9,400 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,400 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 124 Kenai Peninsula Boroughs 1.7 i)iw,'i,ii PARCEL REPORT PARCEL ID: 14535132 12W/2020 11:26 Total Acreage: 0.20 v 0 b > S E W A R D rDuNHAM DR SEWARD a BENSON DR x z W 0 x a LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 41 BLK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2009 DUNHAM DR LAND VALUE: $8,900 ASSESSED VALUE: $8,900 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $8,900 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 4 Kenai Peninsula Borough GIS Division PARCEL REPORT PARCEL ID: 1453513d 12/17/2020 11:36 Total Acreage: 0.21 O n S E W A R D SEWARD } DUNHAM DR x z BENSON DR w O ' S a LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 39 BLK 2 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2013 DUNHAM DR LAND VALUE: $9,100 ASSESSED VALUE: $9,100 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,100 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 126 Kenai Peninsula Borough PARCEL REPORT 12/17/2020 11:38 PARCEL ID: 14535137 Total Acreage: 0.31 0 v � Q z z SEW RD SEWA DUNHAM DR 0 x x BENSON DR BENSON DR z w 0 z a LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 1 BLK 3 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2004 DUNHAM DR LAND VALUE: $11,500 ASSESSED VALUE: $11,500 IMPROVEMENT VALUE: $0 TAXABLE VALUE; $11,500 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. WAN Kenai Peninsula Borough GIS Division PARCEL REPORT PARCEL ID: 14535138 12/17/2020 11:40 Total Acreage: 0.32 v 0 v a LU a a SEW RD SEWAR F h DUNHAM DR A X BENSON DR BENSON DR Z w O S a LEGAL DESCRIPTION: T 1N R LW SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 2 BLK 3 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2010 DUNHAM DR LAND VALUE: $11,600 ASSESSED VALUE: $11,600 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $11,600 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 128 Kenai Peninsula Borough GIS Division �, PARCEL REPORT PARCEL ID: 14535145 12/28/2020 1:49 Total Acreage: 0.27 Oar Rp °o E W A R D SE/AR D Kz Z a DUNHAM DR LEGAL DESCRIPTION: T IN R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 9 BLK 3 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2009 PHOENIX RD LAND VALUE: $10,500 ASSESSED VALUE: $10,500 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $10,500 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. fNP7 Kenai Peninsula Borough GIs Division PARCEL REPORT PARCEL ID: 14535112 12/28/2020 1:44 Total Acreage: 0.20 o _ SEWARD SEWAiRD DUNHAM DR r F � l m y ❑ F a W BENSON DR BENSON DR O r a LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 8 BLK 4 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2004 PHOENIX RD LAND VALUE: $8,900 ASSESSED VALUE: $8,900 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $8,900 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. fBI6, Kenai Peninsula Borough (is i)ivislon PARCEL REPORT PARCEL ID: 14535113 12/28/2020 1:44 Total Acreage: 0.23 r� 0 i n SEWARD SEWARD W Q z z DUNHAM DR u Qr0 m d W LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 9 BLK 4 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2006 PHOENIX RD LAND VALUE: $9,600 ASSESSED VALUE: $9,600 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,600 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein, Original source documents should be consulted for accuracy verification. Kenai Peninsula Borough (x" njvi<;iOli PARCEL REPORT 12/28/2020 1:46 PARCEL ID: 14535114 Total Acreage: 0.23 G SEWARD a S E W A R D a � a z z LDUNIHANI DR �O 4 LEGAL DESCRIPTION: T 1N R 1W SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 10 BLK 4 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2008 PHOENIX RD LAND VALUE: $9,600 ASSESSED VALUE: $9,600 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,600 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BLAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. fBYA Kenai Peninsula Borough (-DIS G)ivision PARCEL REPORT PAPrF1 Tn! 14535115 12/28/2020 1:48 Total Acreage: 0.23 iq�o cse Ll \ 1 SEWARD SEWARD 0 w a DUNHAM DR ✓._�__._,__i LEGAL DESCRIPTION: T 1N R iW SEC 33 SEWARD MERIDIAN SW 0850009 GATEWAY SUB ADDN NO 1 LOT 11 BLK 4 ALL PHYSICAL ADDRESSES ON THIS PARCEL: 2010 PHOENIX RD LAND VALUE: $9,600 ASSESSED VALUE: $9,600 IMPROVEMENT VALUE: $0 TAXABLE VALUE: $9,600 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: ZIMMERMAN INVESTMENTS LLC Address: 33318 BEAR LAKE RD SEWARD, AK 99664 The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification. 133 33318 Bear Lake Road Seward AK, 99664 001 Phone 907-362-3291 1 INVOICE # zimmermaninvestments@gmail.com DATE 3-02-202020 TO: City of Seward SHIP TO: City of Seward INSTRUCTIONS initial costs for Gateway Subdivision infrastructure. After completion within 10 days the balance due will be $147,420.00 after 5% discount. (savings of $16,380.00) QUANTITY DESCRIPTION UNIT PRICE TOTAL Johnson Surveying (surveying( 1,700.00 Wince Corthell Bryson (engineering) Ferguson Ent. (material for water and sewer) 4,925.00 59,131.15 Davis Block (manholes) 7,384.00 Byier Contracting (Sewer and water installation, 50% payment) 163,800.00 SUBTOTAL SALES TAX SHIPPING & HANDLING TOTAL DUE 236,940.15 Thank you for your businessl [OFFICE ADDRESS] [PHONE NUMBER] [EMAIL] 134 WINCE-CORTHELI-BRYSON CONSULTM E?ti NEERS (EAGEMEE:RLNG CONSULTANTS OF ALASKA-A FROFESSEO,IIAL CORPORAr1ON) Federal I.D. 92-0044377 P.O. BOX 1041 KENAI, ALASKA 99611 (907)283.4672 Phil Zimmerman 33318 Bear Lake Road Seward Alaska,99664 Attention: Phil Zimmerman SUBJECT: Gateway Subd. Addition No. I Road, Water and Sewer Preliminary improvements April 10, 2019 Job # 2019.007 INVOICE Please consider this invoice in the amount of $4,925.00 for services rendered on the above project from April 1, to April 10, 2019. Engineer IV 14 hrs @ $145.00 $2,030.00 Senior Cad 26 hrs @ $110.00 $2,860.00 Tax $35.00 Total Due $4,925.00 1'hay ynu, Casey Madde4 P.E. NVENCE-CO ELL-BRYSON 11GR WINCE — CORTHELL -- BRYSON Consulting Engineers Bog 1041 Kenal, Alaska 99611 Phone 907-283-4672 Fox 907-283-076 E-Mail TO: Phil Zimmerman FROM: Casey Madden DATE: April 15, 2019 SUBJECT: Gateway Subdivision Road, Water and Sewer Phased Design As requested, I am providing the following brief scope of work and not to exceed fee proposal for completing necessary field investigations and design work to provide plans and specifications for a three phased development of the subject project. nsist of a site visit to look over the cleared rights of way and conduct a soils Field Investigations: Will co investigation along the road centerline. Design: will consist of utilizing the project surveyors design topography survey to finalize the road centerline and pipe alignments as well as locate the individual lot services on the plans. Details were provided with the as matic plans recently provided and specifications will reference the Municipality of Anchorage standard specifications well as any required City of Seward requirements. Inspections: In addition to the required City utility inspections One inspection will be provides, after right of way stripping and at the beginning of both the water and sewer installations. Record Drawings and Certifications: From the contractor's line and grade field notes the record drawings will be prepared and provided to the owner, City and ADEC for final certifications to operate. Exclusions: Design and construction surveys as well as the backhoe for digging test boles are not included in the following fees. FEES: Phase One: Engineering and drafting $ 5,240.00 $ 1,200.00 ADEC review fees Inspection and Certifications S,3.340. TOTAL Not to exceed $ 9,780.00 Phase Two and Three: Not knowing just when these phases may proceed, I am assruning 1110 l0 percent merease would be prudent to estimate at this time: Phase Two: 510,758 00 Phase Three: $il,ti&t.00 Should you have any questions regarding please do not hesitate to contact me. Mark E. Blanntng PE Casey Madden YE iRL: Johnson ,Surveying CJerardyohnson *gistered LandSurveyor TO Bax27 Cram Gufch, AX 99568 (907)262-5772 19 March, 2019 ZZ Enerprises Philip Zimmerman 33318 Bear Lake Rd Seward, AK 99664 Price Quote For Survey Survey of Gateway Subd. Addn. #1 Phase 1: Lots 1 &2 Block 3 Lots 39-44 Block 2 & ROW centerline survey & profile $3500 (+ $800 for 50' interval ROW cross sections) Phase 2: Lots 8-13 Block 4 and 7,8, & 9 Block 3 & ROW $3700 cenerline & profile (+ $1100 for 50' interval ROW cross sections) Phase 3: Lots 14, 15, & 16 Block 4 and Lots 4, 5, & 6 Block 3 & Lots 30-37 Block 2 & ROW centerline & profile $3700 (+$1100 for 50' interval ROW cross sections) Lot staking to include ROW profiles to be done after ROW corner flagging and line clearing price flagging shown not based on Davis -Bacon wage requirements 137 %v I \ CE-CORI' I iE LL-B RYSO COSSL'L.TISG E\GIYEERS IF\GI\EFRr\G CONSl LTAN TS OF ALASILA-A PROFESSIO\ALCORPORATION I FederalI D.92.0044377 P.D.13OX 1041 Ktt ";-M. ALAS1:-19,1611 (M0 283-4672 Phil Zimmerman April 26. 2020 33318 Bear Lake Road Job € 2019.007 Seward Alaska, 99664 Attention: Phil Zimmerman SUBJECT; Gatc%kap Subd. Addition \o.l Road, Water and Soor Plan inlproN cments INVOICE Please consider this invoice in the amount of$16,030.60 for services rendered on the above project from Feb 25, to April Engineer 1V Senior Cad DEC Wastewater DEC Drinking Water Tax Total Due Thant: %ou. i asey Madde . P.E \CJ\Cf:-CO R T It E L I .- L3 RY'SM 44hr:0 $150.01) 70.5 hrs r S115.00 $785.00 + 10`;a S336,00 +10% S6,600.00 58,107.5f1 S863.50 S424.60 S35.00 S 16,030.60 138 PAYABLE TO: Zimmerman Investments LLC 33318 Bear Lake Road Seward, AK 99664 invoice No: OOQ — 2oL-vo CITY OF SEWARD CHECK REQUEST FORM DATE REQUESTED: 05/27/2020 AMOUNT: 16,030.60 i NEEDED BY: Friday I Requested 6y: Jackie Wilde QTY. ITEM(S) AND FULL DESCRIPTION: AMOUNT TOTAL 1 Gateway Assessment District Engineering 16,030.60 16030.60 TOTAL AMOUNT OF CHECK REQUEST: Fund: 80070 Department: 0000 GI- Code: 8101 Grant: Department Head Approval Finance Director Approval Cit Manager Approval 16,030.60 Return to (if hand -delivered): /_�zoav Approval Date Appr val Date pproval Date NOTE: Checks ore processed on a weekly basis. this form must be received by Finance with all Jacumentation inciuding signatures, by noon Wednesday to be included:n Friday s check run -' i6 33318 Bear Lake Road Seward AK, 99664 Phone 907-362-3291 1 zimmermaninvestments@gmail.com TO: City of Seward Wince Corthell Bryson (engineering) Additional materials required Byler contracting labor INVOICE # 002 DATE 3-02-2020 SHIP TO: City of Seward 3,207.50 20,024.83 163,800.00 - 5% of I 147,420.00 total labor bill SUBTOTAL SALES TAX SHIPPING & HANDLING Thank you for your business! TOTAL DUE 1 173,899.08 )70 [OFFICE ADDRESS] [PHONE NUMBER] [EMAIL] 140 ,gat Byier Contracting P.O. Box 877750 Wasilla AK 99687-7750 Phone (9D7)357-3073 Fax (907) 357-3061 G&P ENTERPRISES 33318 REAR LAKE RD SEWARD, AK 99664 QUANTITY DESCRIPTION FINAL BILL FOR GATEWAY SUBDIVISION PROJECT LABOR EXTRA MATERIAL TOTAL BALANCE DUE 5% DISCOUNT OFF LABOR PRICE IF PAID WITHIN 10 DAYS HNN01, �CE INVOICE #551573 DATE: JULY 28, 2020 UNIT PRICE I TOTAL $163,800.00 $20,024.83 $183,824.83 ($16,380.00) SUBTOTAL TOTAL DUE 1 $167,444.83 Make all checks payable to Byler Contracting If you have any questions concerning this invoice, contact Dennis E. Byier @ (907) 357-3073 OR Michael Stitt @ 907-414-6840 THANK YOU FOR YOUR BUSINESS! 11121 Davis Block & Concrete 36122 Ravenwood St. Kenai, AK 99611 (907)335-5106 (907)262-3122 fax Bill To Bylcr Contracting PO Box 877750 Nasilla, AK 99687 Invoice Date Invoice # 6/8/2020 41233 P.O. Number Terms Rep Ship Vta F.O.B. Project Gateway Net 30 6/8/2020 Quantity Itrt P Code «Descript[o� errice Each Amount :.... : . I Precast t'48" Riser w1107 coating 210.00 210.00 l Precast 2'z4i 5 8" A[ser, wl l q7 coating :. _ 4 'O. Q ! 5 00 420,00.. 487 Borough Sates Tax .00 r� Total $645.00 i 142 P 0. DAMS ®LOCK a CONCRETE 36122 Ravenwoed COMPAWY Street Kenal, Alaska NAME %PHONE ADDRESS CITY DIRECTIONS ------ZIP AMOUNT -DE-SCRIPTI()N A M�0� PRICE NT� --7, - 11 Y/,�, 5 SHIESt_rJr?U LINE A110 0., THE ,,T T ,,,T,., L t >;o . Ep SUBTOTAL ICR DA�111,1,;= -ULH,,G FR AGFF E5 TO?A' ALL ATT0E-(4E,.q FEFS r TAX 1 COSTS 1.1;EVEW COURT ACTION IS f NECESSARY To COLLECTPASTD E ACCOUNT kj OVL '_1ST EL) DUS THE 1117 "Or� THE FOLLOrdl:qC ONTH TOTAL AFTER I)CLIVERY 13I.NTEFIEST PLUS 5'- LATE FEE 014.41 ACCOUNTS PAST OUE I SIGNATURE 143 Davis Block & Concrete 36122 Ravenwood St. Kenai, AK 99611 (907)335-5106 (907)262-3122 fax Bill To Byler Contracting PO Box 877750 Wasilia, AK 99687 Invoice Date Invoice # 6/5/2020 41221 _J P.O. Number Terms Rep Strip Via F.O.B. Proiect Gateway Subdivisi... Net 30 6/5/2020 Quantity item Code Desc{iptlan `. Prfca;Eact1 Amount 6 MB126 4231 PC119 Ram Nek 19.49333 116.96 Ram-Nek/1 "x 1.25"x 14.5' Roll each (5 rolls box) Ram-Nek (14' Roll) 6 P102#276 PCI 02 SSManhole 1,120.00 6,720.00 PC102 Manhole Manhole Lid 4' Dia 6 Precast IEem # 1160 Precast Item . ' ' - ' 240,00 1,440.00 HE 107 Coating 1 Precast Item #1160 Precast Item 1,345.00 1,345.00 Change Order Precast Item # 1160 Precast item ` 300.00 300.00 5 P 103 #277 PC 103 Assorted Grade Ring 34.00 170.00 Acssorted Grade Ring 2"x2' Diameter Grade F PCI27 4813 PC127Riscr`3' .,: 615.00 . , 615.00 . '. PC127. Riser;3' with;Asphalt,Coating ...... I Borough #487 BOR [5.00 15.00 Borough Sales Tax Borough Sales Tax Total $10,721.96 144 IER DAVIS ®LOCK & CONCRETE COMPANY P0• # 36122 Ravenwaad Street // Kenai, Alaska r PHONE NAME ADDRESS CITY _ZIP r DIRECTIONS oly. ' ES&IPTIOIV 4-; PRICE' AMOUNT c lf2 "/Z ell ri HIIA-E.ELIIIERIES iNSM CURB LrNE AND CW LOT AT CUSTOMERISR4SH AND ACCEPT NA - RE SPOTSIBILITY WHATSOEVER FOR DAMAGE RESULTING FROM SUCH DELIVERY. CUSTOIAER AGREES TO PAY ALL ATTORNEYS FEES AND COURT COSTS IN EVENT COURT ACTTON IS NECESSARY TO COLLECT PAST DUE ACCOUNT AuCVE LISTED DUE THE IOTH OF THE FOLLOVNNG VONTTI AFT ER DELIVERY. 15'e INTEREST PLUS 5`3 + T - c,�� lcm6 OTAL TAX TOTAL, IATE E N ALL ACCOUNTS PAST DUE SIGNAFEOTURE Davis Block & Concrete 36122 Ravenwood St. Kenai, AK 99611 (907)335-5106 (907)262-3122 fax Bill To Byler Contracting PO Box 877750 Wasilla, AK 99687 Invoice Date invoice # 6/19/2020 41356 P.O. Number Terms Rep Ship Via F.O.B. Project Gateway Net30 6/19/2020 Quantity Item Code gescrlphon.,. -- Price Each . Amount l Precast 487 2' Riser Borough Sales Tax : .. 340.00 340.00 Total $350.20 147 148 0 FERGUSON OLSELEY INVOICE 1iUMBER TOTAL DUE CUSTOMER PAGE .�, E, 1825B66 $54,083.08 68240 1 of 2 151 WEST 95TH CIRCLE PLEASE REFER TO INVOICE NUMBER WHEN ANCHORAGE, AK 99515-1809 MAKING PAYMENT AND REMIT TO: Please contact with Questions; 503-484.1390 9438 1 MB 0.439 E0035X 10062 B6208760543 S2 P7429215 00DE000I I I III I I I"I' I I I111111111"I I I 111111111. 111111111111 1111111 1 I n BYLER CONTRACTING GATEWAY SUB ADD #1 BOX 877750 W WAS ILLA AK 99687-7750 WHSE. WHSE_ ..,.,-- i�vusT 3017 3017 AKWAS ORDERED SHIPPED ITEM NUMBER 2 2 1 1 1 1 860 1 2 18 28 800 iG 16 16 12 12 1 3 8 a 16 4 4 3 1 4 40 1 3 900 18 1 8 1060 16 66 z z 2 1 1 i 1 860 0 2 is 28 800 16 16 16 12 1 1 3 8 a 16 4 4 3 1 4 40 1 3 900 18 1 8 1060 16 66 MJELILAX MJEL2LAX MJEL4LAX MJELSCLAX MJELSPLAX MJELSPLAX MJELTLAxu DRI8BPX MA423LAOLMJYUU FUFR1400DA6RBU FUFR1500CA8RBU JJSC5o8 PBC27CPC M566078 M74701BG M76000G E00261511 E00261523 E00366801 184GKPX R306094541 R306094541 M560410 E00366919 E00366920 E00366980 E00366980 E85556024 SVSHPS10 AFC2506MMLAOL316 AFC2508MMLAOL316 KSOFTG60 PDIPC52TJU 16FAOXBLLI 18FAOXBLU N3KE08002020100 FCTN4THW HRN101889 R- FERGUSON ENTERPRISES LLC #3017 PO BOX 847411 DALLAS, TX 75284-7411 SHIP TO: BYLER CONTRACTING 2000 PHOENIX RD ATTN:MICHAEL 907-414-6840 WEWARD, AK 99664 WK DESCRIPTION 8 MJ 11.114 C153 BE EPDX UA 8 MJ 22-112 C153 BEND EPDX L/A 8 MJ 45 C153 BEND EPDX L/A 8 MJ C153 CAP SLD EPDX L/A 8 MJ C153 PLUG SLD EPDX L/A 8 MJ C153 PLUG SLD EPDX UA 8X6 MJ C153 EPDX TEE 8 C9DD DR18 PVC GJ BLUE PIPE 5.114 A423 HYD 66 6 MJ OL UA YELL 6 UFR1400-DA-U W1 BBN HOWR DI 8 UFR1500-CA-U W1 BBN HDWR PVC 50 LB POLY LINE BAG OF JET SET CMNT 2-7# STRND COP HMWPE WIRE 78 STNRY ROD LF 1 AWWA X FLR BALL CORP ST LF i FLR ST8D CURB ST 2616Z FRM 26i5C HL1 SW CV 45 DEG SWR CO 2X4X8 INSULFOAM 6RD 40 PSI 'CVR' 306-9.45 X 1 CC SDL 'CVR' 306.9.45 X 1 CC SOL 10 FT ARCH PATT CURS BX UROD 18 VLV BX TS F1 va 3669 UND -X 8x8x2 GI PAVING SLY LID ONLY WTR VLV 8X DUST CUP 3669 VLV BX DUST CUP 3669 DOM 24 VLV BX BSE 940 8.45 5X10 SV CI SH SOIL PIPE 6 DI MJ RW OL GATE VLV UA 316 8 01 MJ RW OL GATE VLV UA 316 1 X60 K SOFT COP TUBE 6 DI PIPE CL52 TYTON JT 6 FOSTER ADPT KIT W/ BLUE EiLT 8 FOSTER ADPT KIT W1 BLUE 13LT 6 DR18 C900 RJIB CERTALOK PIPE BLUE 1 COP TUBE NUT 1-112X3 6 RAM NEK PRMR STRIP JOBNAME IINVOICEDATEI BATCH GATEWAY SUB ADD #1 I 06/01/20 I 411816 INVOICE SUBTOTAL TAX TERMS: NET 10TH PROX ORIGINAL INVOICE UNIT PRICE UM AMOUNT 106.890 EA 213.78 118,120 EA 236-24 120,690 EA 241.18 66.240 EA 66.24 79.530 EA 79.53 79.530 EA 79,53 183.480 EA 183.40 10.750 FT 9245,00 IA 0.00 65070 EA 130.14 90.950 EA 1637.10 32.000 EA 89600 2.750 FT 2200-00 18 380 EA 294.08 61.680 EA 986.88 112.710 EA 1803.36 135000 EA 1620.00 120.000 EA 120.00 179.110 EA 179.11 43.000 EA 129.00 99.120 EA 792.96 09.120 EA 79Z96 69.870 EA 1117,92 82.500 EA 330.00 23.500 EA 94.00 21.500 EA 64.5G 21.500 EA 21.50 82.50D EA 33D.00 1900.0m C 760.00 786,820 EA 786.82 1167,100 EA 3501L30 460.000 C 4140.00 2t,000 FT 378.00 134.530 EA 134.53 186.760 EA 1494.0G 17.350 FT 111391.00 14.840 £A 237.44 5.500 EA 363.00 $ 070.53 Wnilla 12.50 TOTAL DUE I CONTINUED All past due amounts are subject to a service charge of 1.5% per month, or the maximum allowed by law, if lower. It Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https://www.ferguson.com/content/website-info/terms-of-sale, incorporated by reference. Seller may convert checks to ACH, 0001:0001 149 rit26�666����� AGE 0 FERGUSON' OLSELEY of 2 151 WEST 95TH CIRCLE ANCHORAGE,AK 99515-1809 ORDERED SHIPPED ITEM NUMBER DESCRIPTION; _ . UNIT PRICE- ilM AMOUNT _... _.. LEAD LAW VV NING: IT IS ILLS AL TO INSTALL PROD CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL R OTHER APPLICABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN cONSUKIPTION PRODUCTS W TH'NP IN THE D SCRIPTION ARE NOT L O FREE AND CAN ONLY BE INSTALLED IN NON-POTABL APPLICATIONS. BUYER IS SOLELY RESF ONSIBLE FOR PRODUCT SELECTION. Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. TERMS: NET 10TH PROX ORIGINAL INVOICE TOTAL DUE $54,0183.08 All -4 r1r .. L.. .L.: ..L f.. I— UUU art WU O a1c aubjGGL LV a service G116L1ge Ul 1.5-to pe, mu, Ith, uI• me maximum allowed bylaw, It lower. It Buyer tails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https://www.ferguson.com/content/website-infolterms-of-sale, incorporated by reference. Seller may convert checks to ACH. 9438 1 MD 0.439 E0035X 10862 D6208760543 S2 P7429215 0000:0901 150 OFERGUSOPT WMSEEEY ' nV"-µL Lnw 151 WEST 95TH CIRCLE ANCHORAGE, AK 99515-1809 Please contact with Questions, 503-484-1390 60131 &1110.439 E009BX 10170 06214110841 S2 P7432547 0001:0001 'f lll' Il�III It���I�Illlll'E`II'III'lltl�i�!!I'llll�l��'�I��I,�I� BYLER CONTRACTING GATEWAY SUB ADD #1 91 PO BOX 877750 WASILLA AK 99687-7750 INVOICE NUMBER TOTAL DUE CUSTOMER �PAGE�$3,049.72 68240 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON ENTERPRISES LLC #3017 PO BOX 847411 DALLAS, TX 75284-7411 BYLER CONTRACTING IN ROUTE ANCHORAGE, AK 99515 SHIP TO: SHIP SELL WHSE. WHSE. TAX CODE CUSTOMER ORDER NUMBER SALESMAN JOB NAME INVOICE OATSJ BATCH 3017 3017 AKWAS WK GATEWAY SUB ADD #1 06/02/20 411825 ORDERED 1 2 Sao 6 1 1 1000 1 SHIPPED, 1 2 500 6 1 1 1000 1 ATEM NUMBER MJELTLAXU RALPHAA910HOPE PSC27CPC PSLUBXLIO PSD6t05B52 PSD610504 TWIOSLD30BL500 R2600975851 ppSCRIPTION 8X6 MJ C153 EPDX TEE 8 018.60-9.10 OD COUP HOPE 2.70 STRNO COP HMWPE WIRE 1 QT 2 LB PIPE JT LUB NSF NEW FORM 6X1000 UG DIET WTR BLUE 6X1000 UG DIET SWR GREE 10GA SLO COP PE30 WIRE BLUE 500 8 DI 28LT MACRO COUP 8.64-9.75 UNIT PRICE UM AMOUNT 183.480 402.500 . 5.588 81.575 81.575 339.794OOO 339.794 EA EA FT EA EA EA M EA 183.41 816.41 1200 33..53 81.58 250.00 50.00 339-79 INVOICE SUB -TOTAL 3037.22 TAX Wasiga 12.50 LEAD LAW W US FEDERAL PRODUCTS W NON -POTABLE NiNG: IT IS ILLE OR OTHER APPLI TH'NP IN THE D APPLICATIONS. ........„............................................. AL TO INSTALL PRODL ABLE LAW IN POTABLE SCRIPTION ARE NOT Ll UYER IS SOLELY RESF CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION iAD FREE AND CAN ONLY BE INSTALLED W ONSIBLE FOR PRODUCT SELECTION. Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. .� TERNS: NET 19TH PROX ORIGINAL INVOICE TOTAL DUE $3,049.72 NuoUUVpf11UU1lLS aje suu7eca iU d SUIVICU cndrye 01 I.a -/o per monTn, or the maxlmllrn allowed by law, if lower. If Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https://www.ferguson-com/content/webs[te-info/terms-of-sale, incor?5 rated by reference. Seller may convert checks to ACH. 0007:0001 0 FERGUSON' otSELEV 3105 INDUSTRIAL AVENUE FAIRBANKS, AK 99701-4160 Please contact with Questions; 503-484-1390 30871 MB 0.439 10253 10435 06218613297 S2 P7433249 0002:0002 I IIIIIIIIIII��IEI��rlllll�llllllllll�rlllllllrtllll'lhlll'lltl'I BYLER CONTRACTING lice GATEWAY SUB ADD #1 PO BOX 877750 WAS ILLA AK 99687-7750 INVOICE NUM9£R TOTAL DUE CUSTOMER PAGE 1830602 1 $348.28 1 68240 1 of 1 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON ENTERPRISES #3017 PO BOX847411 DALLAS, TX 75284-7411 BYLER CONTRACTING IN ROUTE FAIRBANKS, AK 99709 SHIP TO: WHSE. wkii. — r, CUSTOMER ORDER NUMBER SALESMAN JOB NAME INVOICE DATE BATCH 3022 3022 AKWAS WK GATEWAY SUB ADD #1 06103/20 411835 ORDERED SHIPPED ITEM NUMBER DESCRIPTION UNIT PRICE UM AMOUNT 1 1 R2600975851 8 DI 2BLT MACRO Cns on n an_o �s INVOICE SUB -TOTAL 339.79 FAX Wasilla 8.49 ....................................................................... 6D LAW WA RNING: IT IS ILLE AL TO INSTALL PROCIL CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH FEDERAL QR OTHER APPLIC ABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUNPTION )DUCTS ITH •NP IN THE DE SCRIPTION ARE NOT L D FREE AND CAN ONLY BE INSTALLED IN 4-POTABLI APPLICATIONS. UYER IS SOLELY RES ONSIBLE FOR PRODUCT SELECTION. Looking for a more convenient way to pay your bill? 21 Log in to Ferguson.com and request access to Online Bill Pay. �" TERMS: NET 10TH PROX ORIGINAL INVOICE I TOTALDUE 1 $348.28 All past due amounts are subject to a service charge of 1.5% per month, or the maximum allowed by law, if lower. If Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of Collection, including reasonahle attorney fees. Complete terms and conditions are available upon request or at https://www,ferguson.com/content/website-info/terms-of-sale, incowrated by reference. Seller may convert checks to ACH. 0002:0002 ERGUSGN' I o�sEtllY fif M1.,KE . . 151 WEST 95TH CIRCLE ANCHORAGE, AK 99515-1809 Please contact with Questions: 503-484.1390 91471 MG 0.439 10225X 10365 06233290215 52 P7445363 0001:0001 1ltlllitll�ll�lltrtl�l11tJ1111lllcll111111111t11�lll�llflll�l�l NBYLER CONTRACTING GATEWAY SUB ADD #1 PO BOX 877750 WASILLA AK 99687-7750 INVOICE NUMBER TpTAI DUE CUSTOMER �PAOE PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON ENTERPRISES LLC #3017 PO BOX 847411 DALLAS, TX 75284-7411 EYLER CONTRACTING WILL CALL ANCHORAGE:, AK 99515 SHIP TO; SHIP WHSE. 3017 SELL WHSE. 3017 TAX CODE AKWAS CUSTOMER ORDER NUMBER SALESMAN WK JOB NAME GATEWAYSUBADD#1 �010E DATE BATCH 10 /08/20 41856 ORDERED SHIPPED ITEM NUMBER DESCRIPTION UNIT PRICE UM AMOUNT 1 1 PF3900B 8 Cl TEST PLUG W1 WINGNUT 79.610 EA 79.61 1 1 PF39008 8 CI TEST PLUG W/ WINGNUT 79-610 EA 79.61 1 1 PFGTBA GAS TEST BLOCK WI VLV 9.919 EA 9,92 1 1 PFPG15KI 'NP 2 PRIES GA 0-15# 1li0 9.557 EA 9.56 1 1 IBBFD 314X172 BLK MI BUSH 3.425 EA 3.43 INVOICE SUB -TOTAL 1a2.13 FREIGHT 54.09 TAX Wasilla 4.66 LEAD LAW WARNING: IT IS ILLE ALTO INSTALL PROD CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL OR OTHER APPLIC ABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION PRODUCTS W TH 'NP IN THE DE SCRIPTION ARE NOT L iAD FREE AND CAN ONLY BE INSTALLED IN NON -POTABLE APPLICATIONS. UYER IS SOLELY RFS ONSIBLE FOR PRODUCT SELECTION. All past due amounts are subject to a service charge of 1,5% per month, or the maximum allowed by law, if tower. if Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at htips://www.ferguson.com/contenYwebsite-infolterms-of-sale, incorporated by reference. Seller may convert checks to ACK 0001:0001 153 Z FERGUSON' � WOLSELEY NFUR-T wssnu"n 151 WEST 95TH CIRCLE ANCHORAGE, AK 99515-1809 Please contact with Questions: 503-484-1390 66151 MO 0,430 E0253X t0453 D6238291755 52 P7448369 0001:0003 I�IlII�IIiIIIIIiIIItllilllll=I I'lilillll�llll�ll'lilll'Illlilltti BYLER CONTRACTING b4�s GATEWAY SUB ADD #1 PO BOX 877750 WASILLA AK 99687-7750 INVOICE NUMBER TOTAL DUE CUSTOMER PAGE 1831974 $162.82 68240 1 of PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON ENTERPRISES LLC #3017 Po BOX 847411 DALLAS. TX 75284-7411 SHIP TO: BYLER CONTRACTING GATEWAY SUB ADD ##1 CALL MICHAEAL 907-414-6840 SEWARD, AK 99664 SHIP SELL TAX CODE CUSTOMER ORDER HUMBER SALESMAN WHSE. WHSE. JOB NAME INVOICE DATE BATCH 3017 30i7 AKWgS TEST WK GATEWAY SUET ADD #1 06/09/20 41863 ORDERED SHIPPED ITEM NUMBER DESCRIPTION UNIT PRICE UM AMOUNT DUE TO COVID-19, WE WILL BE OPEN t FROM B AM TO 5 PM, THANK YOU t C041386 8 TEST 13ALL 158,846 EA 156.85 INVOICE SUBTOTAL 158.85 TAX Wasilla 3.97 ...................................................................... LEAD LAW W NING: IT IS il-LE AL TO INSTALL PROD CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL R OTHER APPLICABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION PRODUCTS W TH •NP IN THE D SCRIPTION ARE NOT L D FREE AND CAN ONLY BE INSTALLED IN NON•POTABL APPLICATIONS, UYER IS SOLELY RES ONSIBLE FOR PRODUCT SELECTION, Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. AUL TERMS: NET 10TH PROX ORIGINAL INVOICE TOTAL DUE - $1Ei2,82 All Pas= uue arnounts are subject to a service charge oT -1.5 io per month, or the maxirnurn allowed by law, if lower. If Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https://www.ferguson.com/content(website-info/terms-of-sale, incorporated by reference. Seller may convert checks to AW. 0001:0003 154 O FERGUSON' l oL sI�LEX IMpVS1Ny O.OV9 151 WEST 95TH CIRCLE ANCHORAGE, AK 99515-1809 Please contact with Questions: 503-404-1390 7201 1 M110.439 E0332X 10583 D6281463077 S2 P7475187 00011:11002 I111111'Illl11FFI IIIIIIIIIIIIII,I-IIIIIIIIIIIIIIIIIIIIlllnll l BYLER CONTRACTING GATEWAY SUB ADD #1 PO BOX 877750 WASILLA AK 99667.7750 ENVOICE NUMDER TOTAL DUE CUSTOMER �PAG6 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGU50N ENTERPRISES LLC #3017 PO BOX 847411 DALLAS, TX 75284-7411 BYLER CONTRACTING WILL CALL ANCHORAGE, AK 99515 SHIP TO: qWHSE. SELL TAX CODE CUSTOMER ORDER NUMBER SALESMAN JOB NAME INVOICE DATE -BATCH WHSE.3017 AKWAS WK GATEWAY SUB ADD #1 06/22/20 411926 SHIPPED ITEM NUMBER DESCRIPTION UNRPRICE UM AMOUNT DUE TO COVID-19, WE WILL BE OPEN FROM 6:00 TO S:00. THANK YOU 16 16 FB22444NL LF 1 822-444-NL BV 120.160 EA 1922.56 INVOICE SUB -TOTAL 1922.56 TAX Wasilla 12.60 .....I ...................». ...«.....«.»....... .... LEAD LAW W NlN 1T IS ILLEGAL TO INSTALL PROD CTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL R OTHERAPPLI ABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION PRODUCTS W TH'NP IN THE Of SCRIPTION ARE NOT Ll AD FREE AND CAN ONLY BE INSTALLED IN NON -POTABLE APPLICATIONS. 3UYER IS SOLELY RESF ONSIBLE FOR PRODUCT SELECTION. Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. .rs. TERMS: NET 10TH PROX ORIGINAL INVOICE TOTAL DUE $1,935.06 A ll ♦ J.. _ nn Past We amounts are Subject t0 a Service Charge Or Low per mums, or the maximum allowed, by law, it lower. It Buyer tails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https:f/www.ferguson.com/content/website-info/terms-of-sale, incorporated by reference. Seller may convert checks to ACK 0991:0002 155 EMAIL DUPLtCATElNVOICE O FERGUSON WOLSELEy INDUSTRIAL GROUP Deliver To: DENNIS MER FERGUSON ENTERPRISES LLC #3017 From: Jeremiah Shipley PO BOX 847411 Comments: DALLAS, TX 75284-7411 Please Contact With Questions: 503-484-1390 Invoice Number Customer Page 1837411 38608 1 Please refer to Invoice Number when making payment and remit to: FERGUSON ENTERPRISES LLC #3017 PO BOX 847411 DALLAS, TX 75284-7411 TOTAL DUE--> 258.43 Sold To: Ship To. BYLER CONTRACTING COUNTER PICK UP PO BOX 877750 151 WEST 95TH CIRCLE WASILLA, AK 99687 ANCHORAGE, AK 99515.1809 Ship Whse Sell Whse Tax Code Customer Order Number Sales Person Job Name Invoice Batch Date 3017 3017 AKONLY GATEWAY SUB WK GATEWAY 0710612020 41997 Ordered F Shipped I Item Number Description Unit Price UM Amount 31 3 jW4701BG ILP 1 AINWAX FLR BALL CORPST 86,1441 256,43 Invoice Sub -Total 258.43 Tax 0A0 TotalAmt 258.43 ALL ACCOUNTS ARE DUE AND PAYI ARE SUBJECT TO A SERVICE CHAR, ATTORNEY FEES IF INCURRED. FRI CONDITIONS ARE AVAILABLE UPON GOUT BUYERS: ALL ITEMS QUOTED LEAD LAW WARNING: IT IS ILLEGAL OTHER APPLICABLE LAW IN POTAB DESCRIPTION ARE NOT LEAD FREE RESPONSIBLE FOR PRODUCT SELE TOTAL DUE —> E;;.z'V' AND fhb: AUP141CAT9 Invoice # M663586 Iuwj,e b�xe/3/aa:; INVollc Sad fag:-Rep . WHO phone 9 907-563-3315 1030,Cr4tiq Perk Coact - - 5t„Lame, M9 631416. CASH SALE 585 ANCHORAGE HISS 585-ANC$ORAGS 440 W 40TH AVE ANCHORWE AA 99503 6531 Branch #585, Anchorage* . 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PICK UP 440 W 40TH AVE ANCHORAGE AK 99503 6531 -___- 7ihnak YOU got t1ka ote(!nt niter ko nerve YOU Ne:appreaietn youxprompt La)my °nt. ---- bate O�:dered Date Shipped ,Cnetoter PO Job Maine r J'ob # B], flf Latc3ins,8hiplaad,yYia IIivoice_ 7%UB�2QcA't$aaA7C q}1T8wAY , �t tT r SL - Product Code - AaecxpClou : Ordered ShIlped 8f�i P3;Ce� Obi: S1rG'eio$ed PYi`c9H -� - -. .y_,,;. .R-C ... .._. ..i ....,<<l 1,. !�Y- Y, .:.I RI 32 -✓.'--. tfw -L .7H-� .IS - .rh.k .-. .i J.�L .. •-. 50540989MXUA4231 .A423- 5=1/4 HM. 10'HURY OR 3 WAY 6" M3 SHOE 1-1/2 PST. SGL PUMPER ANCHORAGE A423--540989 75 63 .5 5 T EJI ORNI COVER ANCH STANi)ARI] 002 Pi eag�it < Pe7 ivery Ftaucui�g Restock ` ASisa . &3.02 SO T6rmcu VET. 30 i0xdetei%8�r. MIRB (�02j41.4 6Q9¢ 392S.00000 EA 150. 3,925.06 0-00 0 er g TaM i s . 71tiu tranaactioa is gavemltd'ky and en63ect to turn A 7L" standard tame and condition, which are ju"porsteA by relernaee and aeeapted. 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BOX 1041 KENAI, ALASKA99611 (907)293A672 Phil Zimmerman July 27, 2020 33318 Bear Lake Road Job 9 2019.007 Seward Alaska, 99664 Attention: I?NI Zimmerman SUBJECT: Gateway Subd. Addition No. Road, Water and Sewer Plan Improvements INVOICE Please consider this invoice in the amount of $1,385.00 for services rendered on the above project from June 26, to July 25,2020. This invoice does not include work for As -Built drawings. Engineer Tech 13.5 @$100.00 $1,350.00 Tax $35.00 Total Due $1,385.00 Thank you, 1 Mark Blanning, P.E. WINCE-CORTHELI,BRYSON WINCE-CORTHiELL-BRYSON CONSULTING ENGINEERS (ENGINEERING CONSULTANTS OF ALASKA-A PROFESSIONAL CORPORATION Federal LD,92-0044377 P.O. BOX 1041 KENAI, ALASKA 99611 (907) 283-4672 Phil Zimmerman June 26, 2020 33318 Bear Lake Road Job # 2019.007 Seward Alaska, 99664 Attention: Phil Zimmerman SUBJECT: Gateway Subd. Addition No.1 Road, Water and Sewer Plan Improvements INVOICE Please consider this invoice in the amount of S1,822.50 for services rendered on the above project from April 26, to June 25,2020. Engineer 1V Senior Cad Engineer Tech Tax Total Due Thank you, Casey Madden, fE. W 1NCE-CORTHELL- BRYSON 3 hrs @ $150.00 2.5 hrs @ $115.00 10.5 @$100.00 $450.00 $287.50 $1,050.00 $35.00 $1,822.50 WINCE-CORTHEi. ARYSON CO.NSULTWG ENGINEMS (ENGWEEMG CONSULTANTS OF ALASKA-A PROFESSIONAL CORPORATION) Federal I.D. 93&M377 P.O, SOX 1041 KENAI, ALASKA 99611 M 18346n Phil Zimmerman August 26, 2020 33318 Hear Lake Road Job 0 2019.007 Seward Alaska, 99664 Attention: Phil Zimmerman SUBJECT: Gateway Subd. Addition No.I Road, Water and Sewer Plan Improvements INVOICE Please consider this invoice in the amount of S807M for services rendered on the above projw from July 26, to Aug 25,2020. Engineer VI 4.0 @$150.00 Senior Cad 1.5 @ $115.00 Tax Total Due Billed June 26 51,822 if3. . Billed July 27 S1BS QO' Billed Aug. 26 _.._ _ _. 5807.#0 Thank you, -14 Mark Blanufii& P E. WINCE-CORTIMIJ-BRYSOjq $600.00 $172.50 $35.00 $907.50 IMM WDVCE-CORTHELL-BRYSON CONSULTING ENGINEERS {ENGINEERING CONSULTANTS OFALASKA-A PROFESSIONAL CORPORATION Federal I.D. 92-0044377 P.O. BOX 1041 KENAI, ALASKA 99611 (907) 2834672 Phil Zimmennan October 26, 2020 33318 Sear Lake Road Job # 2019.007 Seward Alaska, 99664 Attention: Phil Zimmerman SUBJECT: Gateway Subd. Addition No.1 Road, Water and Sewer Plan improvements INVOICE Please consider this invoice in the amount of $1,437.50 for services rendered on the above project from Sept. 26, to Oct. 25,2020. Engineer 1V 4 hrs @ $150.00 $600.00 Engineer Tech 4 hrs @ $100.00 $400.00 Senior Cad 3.5 hrs �,}a $ l 15.00 $402.50 Tax $35.00 Total Due $1,437.50 Thank you, .L ? L— ( M Mark Manning P.E. WINCE-CORTBE 1.-BRYSON ,76hnson ,Surveying GerardJolenson (Rfgistered GandSumeyor To BoX 27 Clam Gulch, AK 99568 (907)262-5772 14 Septem6er, 2020 ZZ Enerprises Philip Zimmerman 33318 Bear Lake Rd Seward, AK 99664 Final payment for tot staking, Gateway Subd Addn 91 Lots 39 thru 45 Block 2, Lot 9 Block 3, and Lots S, 9, 10, & 11 Block 4 $2,100.00 sales tax provide # total to date $2,100.00 f[:YA Sponsored by: Meszaros First Public Hearing: January 13, 2020 Postponed: January 13, 2020 Second Public Hearing: January 27, 2020 Approval Date: January 27, 2020 CITY OF SEWARD, ALASKA RESOLUTION 2020-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DETERMINING IT IS IN THE PUBLIC'S INTEREST, AND NECESSARY, TO PROCEED WITH THE PROPOSED UTILITY IMPROVEMENT DISTRICT FOR, AND BENEFITING, LOTS I, 2, 3, AND 4, BLOCK 3, AND LOTS 38, 39, 40, 41, 42, 43, AND 44, BLOCK 2, OF GATEWAY SUBDIVISION, IN AN AMOUNT NOT TO EXCEED $337,375, AND APPROPRIATING FUNDS WHEREAS, in May, 2019, the City received a request to extend utility services and create an assessment district in the Gateway Subdivision; and WHEREAS, the departments of Community Development, Public Works and Electric reviewed the request and provided cost estimates to furnish water, sewer, and electric service to the area; and WHEREAS, the total estimated costs for the assessment improvement district is approximately $337,375, and this cost would be divided among 11 parcels of land, as recommended by Community Development; and WHEREAS, after completion of the project, the actual costs will be calculated to determine the final assessment; and WHEREAS, Administration has reported the costs and need for the improvements, and is requesting authorization to expend up to $337,375 for water, sewer, and electrical improvements in case of unforeseen expenditures; however, only the actual costs will be assessed and both the General Fund and Electrical Enterprise Fund have the available funding the project; and WHEREAS, the Zimmerman Utility Improvement District is located inside City limits in the Gateway Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The special improvement district, referred hereto as the Zimmerman Utility Improvement District, will include the following area: Lots 1,2,3,4, Block 3, and Lots 38, 39, 40,41,42,43, and 44, Block 2, of Gateway Subdivision. CITY OF SEWARD, ALASKA RESOLUTION 2020-006 Section 2. After full review by the City Council of all the facts and opinions presented, it is hereby determined that the proposed Zimmennan Utility Improvement District is in the public's interest, and necessary, and will benefit the property to be assessed. Section 3. The City Manager is hereby authorized to proceed with the design and construction of the Zimmerman Utility Improvement District. Section 4. The City Manager is hereby authorized and directed to keep account of all of the costs and improvements, including acquisition of interests in land for the improvements, including design, engineering, administration, overhead, professional services, guaranteed fund, bond or loan costs and interest incurred as a result of the improvements, and all other costs resulting from the construction of the improvements. Section 5. Funding in the amount of $281,043.46 received from Chugach Electric Association by the Electric Fund is hereby appropriated from account no. 15000-0-3710-0- 80070 to the Utility Improvement District infrastructure account no. 80070-0000-8 10 1. Section 6. Funding in the amount of $56,331.54 is hereby appropriated from the General Fund account no. 01000-0-3710-0-80070 to the Utility Improvement District infrastructure account no. 80070-0000-8I01. Section 7. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 271" day of January, 2020. AYES: McClure, Butts, Baclaan, Osenga, Te NOES: None ABSENT: Seese, Lane ABSTAIN: None J CITY OF SEWARD, ALASKA RESOLUTION 2020-006 ATTEST: Brenda J. Ballod, MMC City Clerk (City Seal) 170 COUNCIL AGENDA STATEMENT Meeting Date: January 27, 2020 Through: Scott Meszaros, City Managers/ From: Jackie C Wilde, Community Development Director/Planner Agenda Item: Determining It To Be In The Public Interest And Necessary To Proceed With The Proposed Utility Improvement District For And Benefiting Lots 1,2,3,4 Block 3 And Lots 38, 39, 40,41,42,43, And 44 Block 2 Of Gateway Subdivision, An Amount Not To Exceed $337,375 And Appropriating Funds. In May of 2019 the City of Seward received a request to extend utility services and create an assessment district for Lots 1,2,3,4 Block 3 and Lots 38, 39, 40,41,42,43, and 44 Block 2 of Gateway Subdivision. To be known as the Zimmerman Utility Improvement District this is located inside City limits. All 11 properties are owned by Mr. Zimmerman Administration has determined that the proposed Zimmerman Utility Improvement District is in the public interest and necessary and will benefit the property to be assessed. After full review by the Community Development, Public Works and Electric Department has provided cost estimates to provide water, sewer and electric service to the area. Based on the recommendations from each department, the estimated costs for the assessment improvement district would be approximately $337,375. City Code Section 5.20.035 states that "the costs of improvement shall be "the actual costs of the improvement, design, engineering, administration, overhead, professional services, guaranteed fund, bond costs and interest incurred as a result of the improvement and all other costs resulting from the construction of the improvement." After completion of the project, the actual costs will be calculated to determine the final assessment. This cost would be divided among 11 lots as recommended by the Community Development in equal amounts. FISCAL NOTE: Funding for the Zimmerman Utility Improvement District will come from the General Fund and Electric Enterprise Fund. The Electric Fund will utilize the Chugach Electric rebate received in 2019 in the amount of $281,043.46. The remaining $56,331.54 38171 will be appropriated from General Fund reserves. After the final assessment has been determined at the completion of the project, the City will be reimbursed as the lots are sold. Approved by Finance Department.. ATTORNEY REVIEW: Yes No—X N/A� CONSISTENCY CHECKLIST: Yes No NIA Seward Comprehensive Plan 2� 03Q): 3,6.1.2 (Bullet 3) Ensure that Municipal land acquired for or converted to long-term or permanent park or recreational uses are officially dedicated as park land. (Page 17) X Strategic Plan999� RECOMMENDATION: Council approve Resolution 2020-006 , determining it to be in the public interest to proceed with the Zimmerman Utility Improvement District for and benefiting Lots 1,2,3,4 Block 3 and Lots 38, 39, 40,41,42,43, and 44 Block 2 of Gateway Subdivision, An amount not to exceed $337,375 and appropriating funds M."A CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 SUBDIVISION AGREEMENT THE CITY OF SEWARD (hereinafter the "City"), an Alaska home rule city, and Philip Zimmerman (hereinafter the "Developer"), enter into the following Agreement this 5 " day of January, 2020. Philip Zimmerman executes this Agreement on behalf of the Developer as secretary for the corporation. It is understood that the Developer is an Alaska corporation, and that the person who executed the Agreement on behalf of the Developer does so in the capacity of an officer and warrants that lie has authority to execute this Agreement on behalf of the Developer. The parties to this Agreement shall accept notices at the following addresses and telephone numbers: OWNER/DEVELOPER Phillip Zimmerman Zimmerman Investments LLC 33138 Bear Lake Road Seward, Alaska 99664 (907) 362-3291 CITY Scott Meszaros, City Manager City of Seward 410 Adams Street P.O. Box 167 Seward, Alaska 99664 (907) 224-4047 WHEREAS, Title 16, Subdivisions, of the Seward City Code specifies certain improvements that must be provided by the Developer prior to conveying undeveloped lots to any other person; and WHEREAS, such lots must be provided with streets, telephone and electric lines, water systems, sewer systems and street lighting; and WHEREAS, the Developer is deemed to have provided for the improvements when it has entered into a Subdivision Agreement with the City; and WHEREAS, no building permit may be issued for construction of a dwelling unit on an undeveloped lot until the base flood evaluation is determined and the required water and sewer improvements have been installed by the Developer for such lot; and WHEREAS, no certificate of occupancy shall be issued until the required improvements have been completed for such lot. NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties agree as follows: -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2619- -PAGE I OF IS 173 The real property which is the subJect of this Agreement (hereinafter the "Property") is located in the City of Seward and is described as: Lots 38-44 BLK 2, Lots 1-3- BLK 3, Gateway Subdivision Addition No 1 according to Plat No. 1985-009, Seward Recording District, Third Judicial District, State of Alaska. The Developer seeks the City's agreement to enter into a contract to construct and install the improvements described in Article IV of this Agreement in accordance with all the terms, covenants and conditions of this Agreement, described in Articles I through IV. Tile Developer shall construct and install the following improvements: Streets $35,000 Walkways NIA Drainage NIA Sanitary sewer $153,700.00 Traffic control devices NIA Telephone NIA Electrical $29,975.00 Moil uInc ntatioil $4300.00 Street lighting $2000.00 Water $153,700.00 Street signs NIA Other: NIA The Developer estimates the total cost of the improvements to be: $378,675.00 ARTICLE I GENERAL PROVISIONS 1.01 APPLICATION OF ARTICLE Unless this Agreement expressly provides otherwise, all provisions of this article apply to every part of this Agreement. 1.02 PERMITS LAWS AND TAXES The Developer shall acquire and maintain in good standing all permits, licenses, platting approvals and other entitlements necessary to its performance under this Agreement. All actions taken by the Developer under this Agreement shall comply with all applicable statutes, ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its performance under this Agreement. 1.03 RELATIONSHIP OF PARTIES Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, or any contractor or subcontractor of the Developer, be deemed an agent, employee, or partner of the City, or otherwise associated with the City other than, in the case of Developer, as an independent contractor. The Developer and its contractors and subcontractors shall not represent themselves to be agents, employees, or partners of the City, or otherwise associated with the City other than, in the case of the Developer, as an independent contractor. The Developer shall notify all its contractors and subcontractors of the -zinunerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 2 Of 18 174 provisions of this section. 1.04 ENGINEER'S RELATION TO CITY Notwithstanding any other agreement, an engineer retained by the Developer to perform work under this Agreement shall not be deemed an agent, employee, partner, or contractor of the City, or otherwise associated with the City. 1.05 DEVELOPER'S RESPONSIBILITY A. The Developer shall be solely responsible for the faithful performance of all terms, covenants, and conditions of this Agreement, notwithstanding the Developer's delegation to another of the actual performance of any term, covenant, or conditions hereof. B. The Developer acknowledges that each individual lot will be separately assessed with the first assessment payment due no earlier than one year after the project is fully completed as determined by the City Manager. Prior to the first required payment date (one year after Phase One completion) for each lot that is sold, the developer agrees to pay the assessment in full at the time of the sale. For any lot not sold within one year of completion of the improvements, the developer agrees to be billed in annual installments for a period not to exceed ten years, under terms authorized by the Seward City Code. 12% interest shall accrue on the assessment during the period of repayment. C. The Developer acknowledges that if, within the next three years, the City authorizes any City Code changes or financial incentives to other developers which reduces the cost of future assessment districts to the developers, that the same incentives and benefits shall be retroactively applied to the project such that Developer derives equal benefit reflected either as credits against the amounts owed on remaining unsold lots -- including future project phases -- or as reimbursements to the developer for such incentives that would apply to the lots on which an assessment has already been paid. 1.06 ALLOCATION OF LIABILITY The Developer shall indemnify and hold the City harmless from any claim, action, or demand arising from any act or omission related to this Agreement in whole or in part of the Developer, its agents, employees, or contractors. The liability assumed by the Developer pursuant to this section includes, but is not limited to claims for labor and materials furnished for the construction of the improvements. 1.07 DISCLAIMER OF WARRANTY Notwithstanding this Agreement or any action taken by any person hereunder, neither the City nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or merchantability of a property, plan, design, material, workmanship, or structure for any purpose. 1.08 NON-DISCRIMINATION A. In performing its obligations under this Agreement, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital status, or age. B. in selling property or improvements in the subdivision, the Developer shall not discriminate against any person on the basis of race, creed, color, national origin, sex, marital status, or age. 1.09 COST OF DOCUMENTS All plans, reports, drawings, or other documents that this Agreement requires the Developer to provide -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 3 OF 18 the City sltall be furnished at the Developer's expense. 1.10 PUBLIC UTILITIES A. Any public utility service contemplated by this Agreement need be provided only to areas where the service is allowed by the City of Seward, the Regulatory Commission of Alaska and applicable law. All utility service shall conform to the rules, regulations, and tariffs of the City of Seward and the Regulatory Commission of Alaska to the extent they may apply. B. If the City of Seward and the Regulatory Commission of Alaska disallows any utility service by the City of any utility following execution of this Agreement, the provisions of the disallowed service shall be deleted from the requirements under this Agreement without affecting any other part hereof. The disallowance shall not be grounds for any claim, action, or demand against the City. 1.11 TIME IS OF THE ESSENCE Unless otherwise expressly provided herein, time is of the essence of each and every term, covenant, and condition of this Agreement. 1.12 ASSIGNMENTS A. Except insofar as subsection B of this section specifically permits assignments, any assignment by the Developer of its interest in any part of this Agreement or any delegation of duties under this Agreement shall be void, and any attempt by the Developer to assign any part of its interest or delegate any duty under this Agreement shall constitute a default entitling the City to invoke any remedy available to it under Section 1.13. B. The Developer may assign its interest or delegate its duties under this Agreement: 1. To the extent that Article 9 of the Uniform Commercial Code requires that assignments of contract rights be allowed; 2. To contractors and subcontractors, subject to Section 1.05; or 3. As expressly permitted in writing by the City. 1.13 DEFAULT - CITY'S REMEDIES A. The City may declare the Developer to be in default: 1. If the Developer is adjudged a bankrupt, makes a general assignment for the benefit of creditors, suffers a receiver to be appointed on account of insolvency, takes advantage of any Law for the benefit of insolvent debtors; or 2. If the Developer has failed in any measurable way to perform its obligations under this Agreement, provided the City gives the Developer notice of the failure to perform and the Developer fails to correct the failure within thirty (30) days of receiving the notice; or if the failure requires more than thirty (30) days to cure, the Developer fails within thirty (30) days of receiving the notice to commence and proceed with diligence to cure the failure. B. Upon a declaration of default, the City may do any one or more ofthe following: 1. Terminate the Agreement without liability for any obligation maturing subsequent to the date of the termination. 2. Perform any act required of the Developer under this Agreement, including constructing all or any part of the improvements after giving thirty (30) days notice in writing to the Developer. -Zinnnerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 4 OF 18 frig: 3. The Developer shall be liable to the City for any costs thus incurred. 4. The City may deduct any costs incurred from any payments then or thereafter due the Developer from the City whether under this Agreement or otherwise. Exercise its rights under any provision of this Agreement, or any performance or warranty guaranty securing the Developer's obligations under this Agreement. Pursue any appropriate judicial remedy, including but not limited to an action for injunction and civil penalties. 1.14 NON -WAIVER The failure of the City at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the City thereafter to enforce each and every provision hereof. 1.15 INTERPRETATION A. Each document incorporated by reference herein is an essential part of this Agreement, and any requirement, duty, or obligation stated in one document is as binding as if stated in all. All documents shall be construed to operate in a complementary manner and to operate in a complementary manner and to provide for a complete project. B. If the terms of any of the documents and amendments thereto comprising this Agreement conflict, the conflict shall be resolved by giving the conflicting documents and amendments thereto the following order of preference: I. Documents or sections titled "Special Provisions." 2. Article lI of this Agreement titled "Construction of Improvements," and Article IIl of this Agreement titled "Acceptance of Improvements." 3. Article I of this Agreement titled "General Provisions." 4. Documents incorporated under Article IV of this Agreement. 5. Article IV of this Agreement titled "Improvement Requirements." 6. Any other document incorporated by reference herein. 1.16 EFFECT OF STANDARD SPECIFICATIONS The Municipality of Anchorage Standards and Specifications (MASS) may be located at are referenced herein as minimum construction standards for performance under this Agreement, except where this Agreement specifically provides otherwise or other practices are mutually agreed upon in writing prior to construction; provided, however, that provisions in the Standard Specifications describing the relationship and responsibilities of parties to municipal construction contracts do not apply herein to the extent that they conflict with any provision of this Agreement. Link to the Municipality of Anchorage Standards is http://www.muni.orgWepartments/project management/Pages/MASS.aspx 1.17 AMENDMENT The parties may amend this Agreement only by written agreement, which shall be attached as an appendix hereto. 1.18 JURISDICTION - CHOICE OF LAW Any civil action arising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Anchorage. The law of the State of Alaska shall govern the rights and duties of the parties under this Agreement. -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 5 OF 18 fIFrl 1.19 SEVERABILITY Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a court of competent jurisdiction shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of the Agreement. 1.20 INTEGRATION This instrument, and any writings incorporated by reference herein, embody the entire agreement of the parties. This Agreement shall supersede all previous communications, representations, or agreements, whether oral or written, between the parties hereto. 1.21 DEFINITIONS Unless this Agreement expressly provides otherwise, the following definitions shall apply herein: A. "Improvements" means all work which the Developer is required to perform by this Agreement. B. "City Improvements" means improvements which are to be dedicated to the City, or which are to be operated and controlled by a City owned utility. C. "City," for the purpose of administering this Agreement, means the City Manager for the City of Seward, or his designee. D. "Acceptance", by the City means a determination that an improvement meets City construction standards and does not refer to accepting a dedication of the improvement by the Developer. ARTICLE II IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES 2.01 RECORDING OF FINAL PLAT Developer shall be solely responsible for all platting of the Property. 2.02 PERFORMANCE GUARANTY A. The Developer shall guarantee, for the sole benefit of the City, that the developer will perform all of its obligations under this Agreement. The guaranty shall be in one of the forms specified by Sections 2.03, 2.04, and 2.05. During the term of this Agreement, the Developer may, with the written consent of the City, substitute for a performance guaranty submitted under this section another guaranty in the required amount and in one of the forms specified by Sections 2.03, 2.04, and 2.05. B. Amount of Guaranty 1. The Developer's engineer has prepared and certified all cost estimates and the engineer's cost estimates are attached as Exhibit A. The guaranty shall be in an amount equal to the estimated cost of all improvements, plus an overrun allowance upon that sum as follows: TOTAL ESTIMATED COST OF -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 6 OF 18 178 CONSTRUCTING IMPROVEMENTS OVERRUN ALLOWANCE Less than $500,000.00 20% $500,000.00 - $1,000,000.00 15% over $1,000,000.00 l 0% 2. If the City finds that increases in construction costs, between the time the City received the certified estimated improvements costs under section 2.02(B) ( 1) of this Article and the time the improvements are expected to be completed, have rendered the estimated improvement costs unreasonably low, the City may require the Developer to increase the performance guaranty to an amount equal to an approved estimated cost of all improvements based upon current construction costs. C. If the Developer is not in default under this Agreement, the City may allow a reduction in amount of the performance guaranty, or the amount secured and the current estimated cost of the work remaining to be performed under this Agreement; provided, however, that the amount of the performance guaranty, or the amount secured thereby always shall be greater than or equal to the amount of the warranty guaranty required by Section 3.08. D. As soon as one of the following occurs, the City shall release any performance guaranty which has not been used or encumbered under Section 1.13: 1. The final acceptance of all improvements and the posting of warranty guaranty as provided in Section 3.08; or 2. The expiration of the warranty period as provided in Section 3.07. 2.03 PERFORMANCE BOND The Developer may provide a performance bond frorn a company qualified by law to act as a surety in the State of Alaska. The bond shall be in a form approved by the City. The bond shall name the City as the sole obligee and the Developer as the principal. NIA 2.04 ESCROW The Developer may deposit cash in an escrow with a bank or financial institution qualified by Law to do business in the State of Alaska. The disbursement of the escrowed funds shall be governed by an escrow agreement in a form approved by the City. 2.05 LETTER OF CREDIT The Developer may cause a bank of financial institution qualified by Law to do business in the State of Alaska to issue an irrevocable letter of credit or loan commitment agreement which shall be in a form approved by the City. 2.06 PREREQUISITES TO CONSTRUCTION The Developer shall not obtain permits for the construction of improvements or commence the construction of improvements until the requirements of Sections 2.02 through 2.12 have been niet. -Zinnnerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 7 OF 18 it 2.07 ENGINEER A. The Developer has retained an engineer, registered as a professional engineer under the laws of the State of Alaska, to design and administer the construction of the improvements, including determining base flood elevation, preparing plans and specifications, certifying cost estimates, inspecting and controlling the quality of the work, and preparing as -built data. The engineer designs Will i►lclude plans for undeveloped lots adjacent to the Property. The Engineer shall perform the work described herein in accordance with the City's recommended procedures for consulting engineers. Any changes to a design or engineer's drawing shall be submitted to the City for the City's prior approval. B. The name and mailing address of the engineer retained by the Developer to perform the duties describe in subsection A of this section is: Casey Madden PO Box 1041 Kenai, Alaska 99611. The Developer agrees that notice from the City to the engineer at the address so specified regarding the performance of such duties shall constitute notice to the Developer. Tile Developer shall promptly inform the City of any change in the information required under this subsection. 2.08 PLANS AND SPECIFICATIONS A. Attached as Exhibit C are all of Developer's plans and specifications pertaining to the construction of the improvements, including stamped engineer drawings, submitted for the City's approval. B. The Developer shall submit to the City proof that it has retained an engineer to perform the duties described in Section 2.07A. C. If the City requires soil tests, or other tests pertaining to the design of improvements, the Developer shall submit reports of the test results with the plans and specifications. D. The City shall approve the plans and specifications as submitted, or indicate to the Developer how it may modify them to secure approval, within three weeks. 2.09 QUALITY CONTROL PROGRAM A. The Developer shall submit to the City, in such form as the City may specify, a quality control program for the construction of the improvements. B. The quality control program shall provide sufficient inspection and test procedures to determine compliance with all applicable plans, specifications, and safety requirements. The program shall include at least the following: The frequency and type of all tests to be performed. A list of all persons who will perform tests and inspections. 3. Procedures for coordinating testing and inspections with the City and for providing advance notice to the City of all inspections and tests which the City shall witness. 4. Procedures for reporting quality control activities, including discoveries of deficiencies in the work. -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 8 OF 18 `Ei6, 2.10 WORK SCHEDULE A. Attached as Exhibit B is a work schedule submitted by the Developer. The Developer's goal shall be to complete all of the work within one year and shall be required to complete all work within two years from the date of this Agreement. B. The work schedule shall include a progress chart of a suitable scale, indicating the approximate percentage of work scheduled for completion at any given time. For each improvement, the schedule shall indicate starting and completion dates for the following: 1. Clearing, grubbing, and removal of overburden. 2. Excavation, installation, backfill, and compaction for each utility to be installed by the Developer. 3. Excavation, backfill, and compaction for street facilities other than paving. 2.11 MATERIALS A. The Developer shall submit, in such form as the City may specify, detailed information concerning all materials and equipment it proposes to incorporate into an improvement. B. Upon the City's request, the Developer shall submit samples of materials or equipment it proposes to incorporate into an improvement. 2.12 LIABILITY INSURANCE The Developer shall provide proof that it has acquired the insurance required by the City of Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired such insurance, naming the Developer as an insured. 2.13 GENERAL STANDARD OF WORKMANSHIP A. The Developer shall construct all improvements in accordance with plans, specifications, and contracts approved by the City, and with the terms, covenants, and conditions of this Agreement. The Developer shall not incorporate any material or equipment into an improvement unless the City has approved its use. Unless the City specifically agrees otherwise in writing, all materials, supplies, and equipment incorporated into an improvement shall be new. B. If the course of construction conditions appear in the exercise of reasonable engineering judgment to require a modification of, or substitution for, approved materials, equipment, plans, specifications, or contracts to meet a higher standard of performance, the Developer shall make the modifications or substitution. All such substitution shall be approved by the City. C. The Developer shall construct all facilities in the subdivision not otherwise subject to this Agreement in accordance with applicable statutes, ordinances, and specifications. 2.14 PLACEMENT OF UTILITIES The Developer shall place all utilities underground, except where this requirement is specifically waived under Article IV of this Agreement. -Zinzmennan GATEWAY SUBDIVISION AGREEMENT- -AUGUST 20I9- -PAGE 9 OF I8 `E 1 2.15 WORK IN RIGHT-OF-WAY The Developer shall comply with all ordinances and secure all necessary permits and authorizations pertaining to work in public rights -of -way. The Developer shall coordinate and supervise the installation and construction of all utility improvements, including those not otherwise covered by this Agreement, in a manner that will prevent delays in City construction or other damage to the City and that will permit the City to properly schedule work that it will perform. 2.16 SURVEYOR All surveys required for the completion of improvements under this Agreement shall be made by a person registered as a professional land surveyor under the Laws of the State of Alaska. 2.17 REQUIRED REPORTING A. Quality Control --The Developer shall submit to the City regularly and promptly written reports describing the results of all tests and inspections required by the quality control program and all other tests and inspections which the Developer may make. B. Construction Progress-- If actual progress indicates that the developer will not perform the work as scheduled, the Developer shall prepare and submit a revised schedule for the City's approval. C. Surveys --The Developer shall furnish promptly to the City copies of all surveys required for the completion of the improvements. D. Test Hale Logs --The Developer shall furnish the City copies of all test hole logs required for any purpose during the project. E. Express or implied approval by the City of any report or inspection shall not authorize any deviation from approved plans and specifications or from the terms of this Agreement. 2.18 PROGRESS PAYMENTS The Developer shall pay its contractors all contract progress payments when due. 2.19 SURVEILLANCE A. The City may monitor the progress of the work and the Developer's compliance with this Agreement and performs any inspection or test which it deems necessary to determine whether the work conforms to this Agreement. B. If the Developer fails to notify the City of inspections, tests, and construction progress as required by Section 2.17, the City may require, at the Developer's expense, retesting, exposure of previous stages of construction, or any other steps which the City deems necessary to determine whether the work conforms to this Agreement. C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this section are solely for the benefit of the City. The City does not undertake to test or inspect the work for the benefit of the Developer or any other person. 2.20 STOP WORK ORDERS - -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 100E IS `E YA A. If the City determines there is a substantial likelihood that the Developer will fail to comply, or if the Developer does fail to comply with this Agreement, the City may stop all further construction of improvements by posting a stop work order at the site of the nonconforming construction and notifying the Developer or its engineer of the order. B. A stop work order shall remain in effect until the City approves: 1. Arrangements made by the Developer to remedy the nonconformity; and 2. Assurances by the Developer that future nonconformities will not occur. C. The issuance of a stop work order under this section is solely for the benefit of the City. The City does not undertake to supervise the work for the benefit of the Developer or any other person. No suspension of work under this section shall be grounds for any action or claim against the City or for an extension of time to perform the work. D. The Developer shall include in all contracts for work to be performed, or materials to be used wider this Agreement, the following provision: 1. The City of Seward, pursuant to a Development Agreement on file with the City Clerk and incorporated by reference herein, has the authority to inspect all work or materials under this contract and to stop work in the event that the work performed under this Agreement fails to comply with any provision of the Subdivision Agreement. 2. In the event that a stop work order is issued by the City, the contractor shall immediately cease all work and await further instructions from the Developer. 2.21 ACCESS The City shall have access to all parts of the Property necessary or convenient for monitoring the Developer's performance, inspecting, surveying, testing, or performing any other work. 2.22 MAINTENANCE A. Until the City accepts the improvements, the Developer shall maintain all existing roads within the subdivision that are necessary for access. For the purposes of this subsection, existing roads are roads that physically exist, as distinguished from mere rights -of -ways dedicated for road purposes. The maintenance required by this subsection includes cleaning, effective dust control measures, snow removal, and similar activities, but doesn't include repair, replacement, or reconstruction. B. The Developer shall repair or pay the cost of repairing damage to any improvement that occurs prior to the City's acceptance of the improvements, except for damage caused solely by the City, its agents, employees, or contractors. The Developer shall give reasonable notice to the City before undertaking the repair of the damaged improvement. 2.23 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE A. Before the City accepts the improvements, the City may enter upon, inspect, control, and operate any improvement if tine City determines that such action is necessary to protect the public's health, safety, and welfare. -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 11 OF 18 183 B. Tile action described in subsection A of this section shall not constitute the acceptance of any improvement by the City, not shall the action affect in any way the Developer's warranty under this Agreement. 2.24 TIME A. All improvements required by this Agreement shall be completed by the Developer in accordance with the work schedule contained in Section 2.10 and Article IV of this Agreement and shall be completed no later than two years after the date of this agreement. B. The Developer shall begin actual construction of improvements required under this Agreement in accordance with the Developer's work schedule as approved by the City attached as Exhibit B. C. If tine Developer is delayed by an act or omission of the City is not otherwise authorized under this Agreement, or by changes ordered in the work labor disputes, fire, delays in transportation, casualties, or other causes beyond the Developer's control, or by any cause which the City in its discretion determines to be adequate to justify the delay, the time of completion of construction under this Agreement may be extended for a reasonable time, which shall be determined by the City. No extension shall be granted unless the Developer gives notice in writing to the City within ten (10) days after the occurrence of the cause for delay. In the case of a continuing delay, only one notice is required. ARTICLE III ACCEPTANCE OF IMPROVEMENTS 3.01 PREREQUISITES TO ACCEPTANCE The City shall not accept the improvements until all the requirements of Sections 3.02 through 3.05 have been met. 3.02 MONUMENTS AND AS-BUILTS DRAWINGS A. Upon completing the improvements, the Developer shall replace lost lot corners and monuments and shall monument the center lines of all required paved streets with monuments of at least one -foot rebar and alcap at points of curvature, ends of curvature, intersections, and centers of cu-de-sacs in accordance with the teems of the Anchorage Municipal Code, Section 21.85.025 and any standards established thereunder. B. No later than sixty (60) days after the final inspection and certification under Section 3.05 F, the Developer shall provide the City with one acceptable set of reproducible mylar as -built drawings for each improvement. The as -built drawings shall be certified by a professional engineer registered under the laws of the State of Alaska to represent accurately the improvements as actually constructed. 3.03 CERTIFICATE OF COMPLIANCE The Developer shall furnish the City with a certificate of compliance for the work performed under this Agreement, in the form prescribed by the City of Seward through the Municipality of Anchorage Standards and Specifications [MASS]. -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 12 OF 18 184 3.04 CONVEYANCE OF EASEMENTS AND RIGHTS -OF -WAY TO CITY The Developer shall convey to the City any casement, right-of-way, or other property interest necessary to allow access to the City improvements to operate, maintain, or repair the City improvements. The Developer may condition the conveyance upon the City's acceptance of the improvements. 3.05 INSPECTION A. Upon receiving notice that the Developer has completed the improvements, the City shall schedule inspections of the improvements. The City may inspect all improvements and any other work in dedicated easements or rights -of -way. B. A privately -owned utility may inspect any phase of work on an improvement of which it is to assume control. C. The City or appropriate privately -owned utility shall inform the Developer in writing of any deficiencies in the work found in the course of its inspection. D. The Developer shall, at its own expense, correct all deficiencies found by inspections under subsection A or B of this section. Upon receiving notice that the deficiencies have been corrected, the City or appropriate privately -owned utility shall reinspect the improvements. E. The City or appropriate privately -owned utility may continue to reinspect an improvement until the Developer has corrected all deficiencies in the improvement. F. After final inspection has revealed that all improvements and other work in dedicated casements and rights -of -way meet City standards, and each privately -owned utility which is to assume control of an improvement certifies that improvement or improvements are acceptable to it, and the Developer has furnished the as -built drawings required by Section 3.02 B, the City shall notify the Developer that all improvements have been accepted. 3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS A. The City's final acceptance of the City improvements constitutes a grant to the City of all the Developer's right, title, and interest in and to the City improvements. B. By accepting the City improvements under this Agreement, the City does not undertake to maintain any such improvement, unless obligated to do so by applicable statute, ordinance, regulation, or tariff. 3.07 DEVELOPER'S WARRANTY A. The Developer shall warrant the design, construction materials, and workmanship of the improvements against any failure or defect in design, construction, material, or workmanship which is discovered no more than one year from the date the City notifies the Developer of the acceptance of the improvements. This warranty shall cover all direct and indirect costs of repair or replacement, and damage to the property, improvements, or facilities of the City or any other person, caused by such failure or defect or in the course of repairs thereof, and any increase in cost to the City of operating and maintaining a City improvement resulting from such failures, defects, or damages. B. The Developer's warranty shall not extend to any failure or defect caused solely by changes in design, -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 13 OF IS I&R construction, or materials required by the City. C. Except as provided in subsection B of this section, the fact that the City takes any action, or omits to take any action authorized in this Agreement, including but not limited to operation or routine maintenance of the improvements prior to acceptance, or surveillance, inspections, review or approval of plans, tests, or reports, shall in no way limit the scope of the Developer's warranty. 3.08 WARRANTY GUARANTY A. To secure the Developer's performance of the warranty under Section 3.07, the performance guaranty provided by the Developer under Section 2.02 shall remain in effect until the end of the warranty period, or the Developer shall provide a warranty guaranty by one or more of the methods described in Sections 2.03, 2.04, or 2.05, determined by the following table: Estimated Cost of All Improvements Percent to Secure Warranty less than $500,000.00 10.0% $500,000.00 - $1,000,000.00 7.5% over $1,000,000.00 5.% 3.09 CITY'S REMEDIES UNDER WARRANTY A. The City shall notify the Developer in writing upon its discovery of any failure or defect covered by the warranty in Section 3.07. The City shall notify the Developer before conducting any test or inspections to determine the cause of the failure or defect, and shall notify the Developer of the results of all such tests and inspections. B. The Developer shall correct any failure or defect covered by the warranty within thirty (30) days of receiving notice of the failure or defect from the City. The Developer shall correct the failure or defect at its own expense and to the satisfaction of the City. C. If the Developer fails to correct the failure or defects within the time allowed by subsection B of this section, the City may correct the failure or defect at the Developer's expense. If the Developer fails to pay the City for the corrective work within thirty (30) days of receiving the City's bill therefor, the City many pursue any remedy provided by law or this Agreement to recover the cost of the corrective work. 3.10 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY A. The City shall inspect the improvements at or before the end of the warranty period an before releasing any performance guaranty or warranty guaranty in effect. The Developer shall correct any failure or defect in the work revealed by the inspection as required by Section 3.09. B. On the Developer's satisfactory performance of all its obligations under this Agreement, the City shall execute a written statement acknowledging such performance and shall release any remaining security posted by the Developer under this Agreement. ARTICLE 1V IMPROVEMENT REQUIREMENTS -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 14 OF 18 1Eb: 4.01 IMPROVEMENTS REOUIRED It is the intent of the City and Developer to provide for the orderly development of the Property and to protect the investment of subsequent owners of the lots. Any changes to the originally approved plans, specifications and/or drawings shall be submitted and approved in advance by the City and/or Alaska Department of Environmental Conservation (ADEC). 4.02 STREET ALLEYWAY MONUMENTATION WATERWAY TRAFFIC CONTROL STREET LIGHTING, STREET NAME SIGNING_ AND DRAINAGE IMPROVEMENTS A. All improvements to the Property shall be provided and constructed in accordance with the approved plat and the Municipality of Anchorage Standards and Specifications outlined in Section 1.16. B. The City shall reimburse the Developer for its share, if any, for construction of improvements only after receipt from the Developer of invoices for such work and further in accordance with the provisions of Article III of this Agreement. C. The streets and alleyways for which they are estimated to cost $35,000 and include a 30' gravel street with approved drainage and shoulders on a 60' right-of-way with ability to add sidewalks on one side of road with parallel parking. A note on the plat and signage on the streets will advise that on -street parking will only be is allowed on the side of road with sidewalks. ICUL DE -SAC AT THE END OF PHOENIX ROAD WILL BE REQUIRED FOR SAFETY VEHICLES] D. The Developer is not entitled to reimbursement for the cost of any walkways. The estimated cost of walkways is not included in this proposal. Walkways include: N/A at this time. E. If an erosion and/or sediment control plan is required the Developer will not be entitled to any reimbursement for such facilities. F. Drainage and waterway improvements shall be provided as necessary to the improvements within the subdivision, as well as to accommodate lateral and upstream contribution, as well as subsurface flows which are exposed during construction. There will be no reimbursement to the Developer for the cost of drainage and waterway improvements. The estimated cost of drainage and waterway improvements is INCLUDED IN OVERALL ESTIMATE WITH STREETS G. Traffic control devices, excluding electronically tinted signals, shall be installed as directed and/or approved by the Public Works Department. The cost of these improvements is not reimbursable and is estimated to be NIA. Traffic control devices include: NIA. H. Street lighting will be installed according to standards of the Seward Electric utility and paid by the City as approved by the City Manager. The cost of street lighting is NOT reimbursable and is estimated to be $6 000.00 PAID BY CITY. I. Monumentation shall be provided as shown on the approved Plat Plat No. 1985-009. The cost is not reimbursable and is estimated to be $4300.00. -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 15 OF 18 187 J. Street name signs shall be provided at each intersection and equal the standards established in the City of Seward. The cost of these improvements is not reimbursable and is estimated to be SN/A. 4.03 SANITARY SEWER IMPROVEMENTS A. Sewer system improvements shall be designed and provided according to Section 1.16, in compliance with applicable codes and as approved by the Public Works Department to service all lots within the subdivision. The outfall(s) of the system will be as directed by the Public Works Department. There will be no reimbursement for any sewer system improvements, except as noted in Section 1.05. B. The cost of sanitary sewer improvement is estimated to be $1558 _7_00.00. 4.04 WATER SYSTEM REQUIREMENTS A. A water system shall be provided. Such system shall be designed according to City of Seward Standards and Specifications, in compliance with applicable codes and as approved by the Public Works Department and Alaska Department of Environmental Conservation. Water service will be provided to all lots in the subdivision. 6 Hydrants are required, (BRAND TO BE SPECIFIED BY CITY PER SCC 16.05,010.31 and hydrant spacing and minimum flow shall be according to the International Fire Code. The cost of improvements necessary to serve the subdivision shall be borne by the Developer and the Developer is not entitled to any reimbursement, except as noted in Section 1.05. B. The cost of water system improvements is estimated to be $158,700.00. 4.05 ELECTRICAL FACILITIES A. Electrical improvements shall be provided in accordance with an agreement with the City, incorporated by reference herein. The total cost of the electrical system serving the subdivision is estimated to be $29,975.00. 4.06 TELEPHONE FACILITIES Telephone improvements shall be provided in accordance with an agreement with GCI and TelAlaska, incorporated by reference herein. The total cost of the telephone system serving the subdivision is a nonreimbursable cost estimated to be $1,000. 4.07 CABLE TV FACILITIES Cable TV improvements may be provided by the Developer in agreement with a CTV Company, if such company is operational and has been issued a Certificate of Public Convenience and Necessity by the RCA. The cost of providing C"I'V is nonreimbursable. 4.08 NOTICE TO BUYERS The Developer agrees to include the following Notice to all potential buyers and in all agreements for sale of lots: A. Each lot will be separately assessed with the first assessment payment due at time of closing. B. The issuance of a Certificate of Occupancy by the City of Seward for any of the following lots is subject to the completion of public improvements to such lot in accordance with the Subdivision Agreement including any amendments, the City Code, regulations, and other applicable law. The lots include: -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 16 OF 18 188 Lots 38-44 BLK 2, Lots 1-3- BLK 3, Gateway Subdivision Addition No 1 according to Plat No. 1985-009, Seward Recording District, Third Judicial District, State of Alaska. C. Building permits will be issued prior to the completion of utilities. Permits will contain the developer's responsibility to complete the Article IV hnprovements and the timeline to complete such improvements. Such building permits will notice the buyer that building prior to the completion of the utilities is at their own risk (i.e. fire protection and electricity may not be available). Buyer will be required to indemnify and hold the city harmless from any losses during site construction or improvements to property prior to the completion of Zimmerman Subdivision Agreement. ................................................................................................................................................................ . IN WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above. CITY OF SEWARD, ALASKA BY: � Meszaro ity ager ATTEST: i STATE OF ALASKA) THIRD JUDICIAL DISTRICT) ZIMMEP4AN INVESTMENTS LLC BY: Philip im e' 1, caner "d1$ih7glo"! Cj� RPOR,q''.;. ��• 4.JQ •; SEAL A • � �1 •f h •`io r 1 � i e. • _A A )SS: THIS CERTIFIES that on this day a14 of (Acyu , 2020, before me, the undersigned Notary Public in and for the State of Alaska, personally appeared Phil Zimmerman, known to me and to me known to be the Owner of Zimmerman Investments LLC, and acknowledged to me that he knew the contents of the foregoing document and executed the foregoing document on belialf of the Zimmerman Investments LLC for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. EJACKKIE.wlLDEPublic f Alaska pires Aug 12, 2022 '�� _vxu- e UL) Jackie Wilde Notary Public in and for Alaska My Commission Expires: 08/12/2022 -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 17 OF 18 189 ACKNOWLEDGEMENT STATE OF ALASKA) )ss: THIRD JUDICIAL DISTRICT) THIS CERTIFIES that on this day 0� of fG 2020, before me, the undersigned Notary Public in and for the State of Alaska, personally appeared Scott Meszaros, known to me and to me known to be the City Manager for the City of Seward, and acknowledged to me that he knew the contents of the foregoing document and executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. WITNESS my hand and notarial seal the day and year first hereinabove written. ------------ JACKIE C. WILDE Notary Pubiic State of Alaska My Commission Expires Aug 12, 2022 Jackie . Wilde Notary Public in and for Alaska My Commission Expires: 08/12/2.022 -Zimmerman GATEWAY SUBDIVISION AGREEMENT- -AUGUST 2019- -PAGE 18 OF 18 190 City of Seward, Alaska City Council Special Meeting Minutes December 14, 2020 Volume 41, Page CALL TO ORDER The December 14, 2020 special meeting of the Seward City Council was called to order at 9:42 p.m. by Mayor Christy Terry. OPENING CEREMONY Council Member John Osenga led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese (telephonically) Liz DeMoss comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Excused — None Absent — None Sue McClure John Osenga Ristine Casagranda (telephonically) CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Baclaan removed Resolution 2020-097 from the consent agenda. Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Resolution 2020-097, Extending The Appointment Of Harbormaster Norm Regis As Acting City Manager For 90 Days Beginning December 16, 2020 And Ending March 15, 2021, With The Option To Extend As Necessary. `Ms City of Seward, Alaska City Council Special Meeting Minutes December 14, 2020 Volume 41, Page Motion (Baclaan/McClure) Approve Resolution 2020-097 Motion to Amend (Baclaan/DeMoss) Amend Resolution 2020-097 in Section 2 and in the 5tb Whereas by striking "22%" and replacing it with "50%." Baclaan said Regis was performing two full-time jobs, and thought he deserved the increase. Osenga was concerned that the resolution only had percentages referenced, and no dollar amounts, so he didn't know how much money was being considered. DeMoss thought Regis deserved to receive a 50% increase. Casagranda also didn't understand what dollar amount was being considered, but thought because Regis was doing two jobs, paying him for 1.5 jobs was appropriate. Terry wished to increase the pay, although she thought 50% was high, and commended Regis for the work he was doing. She reminded council that in city code, when a deputy went into acting status, code allowed for only a 10% increase in pay. And at the regular council meeting held earlier tonight, Terry said council had been vocal about expecting the city to make financial cuts, so now she was confused. She thought a 50% increase would set a dangerous precedent, given the frequency that employees filled in as acting. Regis said 22% was fine with him and there was no need for an increase. Terry wanted to have everyone understand that the city may be facing additional budget shortfalls next year, and budget cuts should be anticipated. Motion to Amend Passed Main Motion Passed CITIZEN COMMENTS — None Yes: Baclaan, DeMoss, Casagranda, Seese, McClure, Terry No: Osenga Yes: Seese, McClure, Casagranda, DeMoss, Baclaan, Terry No: Osenga COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis said thank you. Casagranda hoped to have a permanent city manager hired soon. Osenga thought Regis deserved this, even though the timing was difficult. McClure thought Regis was doing a wonderful job, but understood that budget cuts in the future were a real possibility. IRY: City of Seward, Alaska City Council Special Meeting Minutes December 14, 2020 Volume 41, Page Baclaan thanked Regis for his hard work. Terry thanked Regis for his work. ADJOURNMENT The meeting was adjourned at 10:05 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 193 City of Seward, Alaska City Council Special Meeting Minutes January 11, 2021 Volume 41, Page CALL TO ORDER The January 11, 2021 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Acting City Manager Norm Regis led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese (telephonically) Liz DeMoss comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Excused — None Absent — None Sue McClure John Osenga Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Arne Hatch supported Resolution 2021-007 because he had seen many benefits from Regional Aquaculture Programs around the state. He was familiar with the Tutka Bay Hatchery, and had been involved each spring in the Resurrection Bay sockeye smolt rearing and releasing project operated by the Cook Inlet Aquaculture Association (CIAA). Hatch supported CIAA's activities and mission, and encouraged council to pass the resolution. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: 194 City of Seward, Alaska City Council Special Meeting Minutes January 11, 2021 Volume 41, Page Resolution 2021-007, Supporting Regional Aquaculture Associations And Strongly Opposing Proposed Changes To Management Plan Of Kachemak Bay State Park And State Wilderness Park That Would Disproportionately And Negatively Impact The Seward Community. CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis said State Representative Sarah Vance for Homer's District was bringing this issue to the state legislature. Osenga thanked Arne Hatch for his comments. He hoped this issue would be resolved. Terry appreciated the quick response from administration on this topic, as they had just learned about this issue late last week; administration had coordinated with Homer, and performed some additional research really quickly. ADJOURNMENT The meeting was adjourned at 5:04 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) iP17 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page CALL TO ORDER The January 11, 2021 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese (telephonically) Liz DeMoss comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — None Absent — None Sue McClure John Osenga Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR Patrick Messmer (telephonically) urged council to adopt the wage study resolution as presented. The process between the city administration and union had been professional and respectful. It saved the city money in the long run to retain employees rather than replace them; it cost the city approximately $50,000 to train and certify a new police officer. One consideration to remember for the employees was that the new insurance that went into effect this year saved the city over $100,000, but was costing the employees more out of pocket. Employees were the most valuable asset for any organization. Carol Griswold was concerned with Resolution 2021-005 because it was poorly written, and she opposed spending additional funds on the contract for the interim electric utility manager; she thought there should be better accountability for expenses. Regarding Resolution 2021-006, Griswold thought the scope of work was vague, and that expenses were not clarified. Iris Darling had recently learned of a local business owner who had been overcharged for utilities, even after requesting for the city to look at the bills to make a correction. She was also concerned that the business owner's city business license was being withheld due to the erroneous utility bill, and she wanted the issue to be addressed and corrected. Darling considered the utility iPz1-1 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page billing error to be retaliation toward the business owner. She strongly encouraged council to vote in favor of having a forensic audit conducted. Karen Corrigan (telephonically) supported Resolution 2021-004. She encouraged council to not balk at the dollar amount of this resolution; it indicated how far behind the city's wages were. For employees not in management, a small increase in wages for cost of living was actually overturned by a subsequent increase in medical insurance, and the net effect was often not positive. She wanted no further delay; she challenged council to prove that they cared about the employees by approving this resolution. Lynda Paquette (telephonically) encouraged the city to do what it could to reach the governor and have the highway better maintained; perhaps Seward's borough assembly representative could help. She was a business owner, but was concerned about inviting tourists to travel to Seward if the highway conditions were so bad. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Balan/McClure) Approval of Agenda and Consent Agenda Casagranda removed Resolutions 2021-002, 2021-004, 2021-005, and 2021-006 from the consent agenda. Terry removed Resolution 2021-003 from the agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinances for Introduction Ordinance 2021-001, Amending Portions Of Seward City Code Chapters 5.01 And Chapter 5.05 — Budget To Create A More Timely, Robust, And Publicly -Involved Budget Process. This ordinance will come for public hearing and enactment on January 25, 2021. Resolution 2021-001, Adopting An Alternative Allocation Method For The FY2021 Shared Fisheries Business Tax Program, And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In The Cook Inlet Fisheries Management Area. Approval of the December 14, 2020 City Council Regular Meeting Minutes. Non -objection to the liquor license renewal for American Legion Post #5, License #53, Club. Continue the Port & Commerce Advisory Board (PACAB) through January, 2022. `RYA City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards 2021 Polar Bear Jump Recognizing the Retirement of Correctional Officer John Anderson Borough Assembly Report. Kenn Carpenter reported the assembly had held a meeting in person; they passed a resolution to replace Old Exit Glacier Road bridge. They were working on a grant for the Lost Creek bridge, as well. The assembly had new chambers that was two -tiered. Regarding the highway, the Department of Transportation (DOT) was struggling with faulty equipment; two trucks were currently down. 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: $5,060 for 69 Amp power fuse unit for Electric; $5,995 for back-up software license renewal for MIS; and, $6,280 for glycol removal services for the Seward Marine Industrial Center (SMIC). Regis called council's attention to the federal lobbyist's report in the packet, and said the state lobbyist's report was emailed to council earlier today. Casagranda wondered what the current arrangement was for incoming finance director Jenn Pae. Regis said Pae was working as a contractor. Casagranda was concerned with getting the finance department pulled together, and thought there needed to be a dedicated acting finance director until Pae started working full-time. Regis said there was an acting finance director, as well as a second contracted finance person. Terry wished to see a complete overview of the finance department, including all employees with their duties and responsibilities. She suggested having a work session to review the arrangements. Baclaan was excited that there was a finance director coming; he encouraged administration to continue thinking about creative ways to address issues. Casagranda liked the idea of having a work session to review the contracted services of the two finance consultants. Terry wanted to make sure nothing was slipping through the cracks in the finance department, and wished to see a work plan that explained who was responsible for grants, personnel, budgeting, contracts, etc. Council scheduled a work session on January 19, 2021 at 12:00 p.m. to discuss current finance employee contracts and work plans. Seese asked for an update in lodging audit for nightly rentals; she was interested in knowing the status of non -compliant lodging businesses. IRR? City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page In response to Baclaan, Regis said AML/JIA recommended the city stop clearing Second Lake due to liability concerns. Instead, the Parks & Recreation Department had set up a skating rink at the Forest Acres basketball court. Terry wished to continue keeping communications and requests going to the Department of Transportation (DOT) to keep the highway and airport clear and properly maintained. Osenga thought it would be better to send an inquiry rather than a strong letter. Assistant City Manager Stephen Sowell said he and others had been contacting all levels of DOT and the state legislature requesting assistance; he did not believe, however, that there would be any change in the state's responsiveness to the city's requests. Interim Electric Utility Manager Cory Borgeson said the city's utility rates were the lowest in the Railbelt due to the winter rates; even when the summer rates took effect at an additional $.10, Seward was still the lowest. Regarding the negotiation of the power sales agreement, Borgeson thought it might be time to open up the contract from Chugach to a competitive bid process. City Attorney Report. Brooks Chandler reported that his firm had pivoted to more day-to- day activities since his lastreport. He had worked on CARES Act funding issues, as well as the mask mandate. Chandler said he had recently been made aware of the potential for the state to start charging back home rule cities for misdemeanor charges. In response to Casagranda, Chandler said the union wage study he worked on was for the Seward Public Employees Association (SPEA). Other Reports and Announcements Mayor's Report. Terry attended the Kenai Peninsula Economic Development District (KPEDD) Industry Outlook Forum via Zoom. Also, Governor Dunleavy held a Kenai Peninsula Borough Mayors' Forum at which Terry had the opportunity to highlight some of Seward's priorities. Presentations Northeast Launch Ramp Project presentation by PND Council recessed at 8:28 p.m. Council resumed at 8:36 p.m. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2020-015, Amending The Land Use Plan And Rezoning Lots 15A And 15B Of Jesse Lee Heights Subdivision Addition No 4, With The Physical Address Of 101 & 105 Benson Drive, From Multi -Family Residential (113) To Park (P). Motion (Baclaan/McClure) Enact Ordinance 2020-015 199 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Community Development Director Jackie Wilde said the city had been awarded grant funds which required the abatement and demolition of the Jesse Lee Home, and the remaining funds could then be used to construct a memorial. Under Seward city code, memorials must be located in a park. The Planning & Zoning Commission had held a work session at which the commission reviewed public survey results, and had considered six different options for land use. Wilde stated the city was not bound by the grant documents to use the property for commercial purposes, something that had been erroneously suggested in recent weeks. The ordinance before council tonight would rezone the property to park. As a park, there could be opportunity to have a community center, a multi -use facility, and a memorial. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. All comments were submitted in writing, unless otherwise noted. Christine Audette Bagula did not wish to see the property turned into housing, but was in favor of having more greenspace. She lived close by, and thought it would be lovely to hear childrens' voices coming from the property as they played. Carol Griswold supported Ordinance 2020-015. No one else appeared and the public hearing was closed. Seese thought a park would be great. McClure wondered if a memorial or park could be placed there if the property was not rezoned. In response, Wilde said technically a memorial must be placed in a park. In response to Casagranda, Wilde said she did not have final numbers yet on the cost of the demolition and abatement. Wilde added that due to delays, the cost of the project had risen from approximately $400,000 to approximately $700,000. In response to Terry, Wilde said the concrete foundation was still being broken up, and the boiler areas were still intact and needed to be demolished. Baclaan clarified that there would be approximately $200,000 left from the grant funds after the demolition and abatement was completed that could be put towards a memorial. If a community center or any other facility were to be created on the property, it would have to come from future grant funds or some other source of financial support. Baclaan suggested perhaps a special election should be held to determine the future of what happens on the property. Osenga wished to rezone the property as a park now, and if necessary, revisit the zoning again in the future. Osenga was all for holding more work sessions to obtain additional public comments, but he didn't see the harm in rezoning to park tonight. McClure reminded everyone that both the Historic Preservation Commission and the Planning & Zoning Commission had both passed resolutions in support of the rezone. 200 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Motion Passed Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda Reschedule city tours with department heads. This item was postponed from November 23, 2020. Regis said council members would be broken into two groups to visit city infrastructure. Council re -scheduled the tour to February 2, 2021. Baclaan would be out of town, and would schedule a time to have the tour later in February. Casagranda would also be out of town, and would plan to join Baclaan when he went on the tour. NEW BUSINESS Resolutions Resolution 2021-002, Retroactively Authorizing The City Manager To Approve Emergency Repairs For The Lowell Point Wastewater Treatment Facility To Drain Masters, Inc. In An Amount Not To Exceed $70,660, And Appropriating Funds. Motion (Baclaan/McClure) Approve Resolution 2021-002 In response to Casagranda, Regis said there were emergency repairs made to the Lowell Point Sewage Lagoon, for which he had reported expenditures at the last council meeting. Motion Passed Unanimous Resolution 2021-004, Accepting The Proposed Classification & Compensation Study And Implementation Plan Completed By GovHR USA, LLC, And Appropriating Funds. Motion (Baclaan/McClure) Approve Resolution 2021-004 Sowell said if this resolution was approved tonight, there would be an ordinance coming forward for council to approve annual leave updates as well; one new leave tier would be for staff having over ten years of service, and a second new tier for staff having more than 15 years of service. Casagranda asked for clarification on how many hours of leave would be accrued for ten year and 15-year employees. Sowell didn't recall the numbers, but said he would provide that as a follow up to the meeting. Motion to Amend (Casagranda/Terry) Amend Resolution 2021-004 in the 6t" PAG City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Whereas by adding, "...and this score is referred to as the "JFA" score." to the end of the sentence. Casagranda wanted to make sure that people understood what the term "HA" meant. Motion to Amend Passed Motion to Amend (Casagranda/Baclaan) Unanimous Amend Resolution 2021-004 in the 8t" Whereas by striking the words, "and PTO allotments." Casagranda didn't wish to delay the wage study approval, but also wasn't sure she supported the changes to the leave accrual either; she wanted to separate them as two different considerations. Osenga pointed out that the 8t' Whereas was simply a statement of history, and was not a council action. Motion to Amend Failed Yes: Casagranda, DeMoss, Seese No: Osenga, McClure, Baclaan, Terry In response to Terry, Chandler said this resolution would appropriate the funds, but if council did not enact the future ordinance to change city code and allow for the new leave accrual tiers, the money appropriated tonight would simply go back into the budget. Casagranda wished to clarify what "PTO" meant in the resolution, and requested it to be adjusted to say, "paid time off (PTO)" in the 8 h Whereas. Council allowed this to be a housekeeping change. Motion to Amend (Casagranda/Terry) Amend Resolution 2021-004 in Section 1 by adding the words, "to approve funding for all positions with a JFA score of 580 or lower." to the end of the sentence. Casagranda said her constituents told her the city's staff was top-heavy; she thought the greatest positive impact of this wage study was for the lower staff levels. Osenga didn't understand why council would want to cut out so many employees. Council had an idea of what dollar amount to expect for this wage study. Casagranda suggested the wage study documents presented tonight were those of administration and not the vendor; she thought what was before council this evening was more of a recommendation from administration than the vendor that was hired to do the study. DeMoss, too, thought the city might be a little too top-heavy. 041YA City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page McClure recalled that council had previously given direction to administration to bring forward exactly what was before them tonight, so she was neither surprised nor concerned by the numbers. In response to Terry, Casagranda said she didn't want to cherry pick positions, but she also didn't want to spend more money than was necessary. Baclaan was concerned with typographical errors that were in the tables, specifically the Deputy Fire Chief s new salary should be $80,894, and the JFA score for the Human Resources Officer should be 595. Seese pointed out the Campground Coordinator's new salary should be $45,000. Casagranda said by limiting the wage increases to JFA scores of 580 or lower, coupled with not approving the new leave accrual tiers, the cost for implementing the wage study would be cut in half. She believed the lower paid employees needed a raise, but the city was also top-heavy. Motion to Amend Failed Yes: DeMoss, Casagranda, Seese No: Baclaan, McClure, Osenga, Terry Casagranda stated that the council still had the IBEW contract to approve, the new city manager position to fill, the electric operations supervisor to fill, and the new building inspector assistant that was recently hired; she was concerned about the money being spent. She was very concerned that there was no finance director in place to provide solid advice and input on the direction this was taking. She would not support this resolution without having good advice from a finance director. Terry wondered if administration had contemplated the potential of having to do layoffs, or having to cut back hours, and if there had been any discussions amongst the staff to prepare for that possibility. In response, Regis said he had had meetings with all department heads on doing mid - cycle budget amendments for 2021. Chandler said the collective bargaining agreement would have to be followed in order to cut back hours or lay off employees. Main Motion Passed Yes: Baclaan, McClure, DeMoss, Osenga, Terry No: Seese, Casagranda Resolution 2021-005, Authorizing The City Manager To Extend The Professional Services Contract Of Cory Borgeson For An Amount Not To Exceed $7,000. Motion (Baclaan/McClure) Approve Resolution 2021-005 Borgeson said his current contract required him to be in Seward in person, for which he was paid $2,500 with no benefits, plus he received up to $2,000 per month in living expenses and travel for which he had to submit receipts. Despite the previous contract extension, in order to get through the end of January, there was a need for an additional $7,000. 203 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Motion to Postpone (Casagranda/ ) Motion to Postpone died for lack of second. Main Motion Passed Postpone Resolution 2021-005 to January 25, 2021. Unanimous Resolution 2021-006, Authorizing The City Manager To Enter Into A Consulting Services Contract With Cory Borgeson For Electric Management Services In An Amount Not To Exceed $75,000, And Appropriating Funds. Motion (Casagranda/Osenga) Approve Resolution 2021-006 Regis said negotiations would be coming up for the power sales agreement, and Borgeson was an attorney who could help. Borgeson said he would assist in finishing up some projects; he would be working remotely for the most part, at the direction of the new electric utility manager Rob Montgomery. Borgeson said there was approximately $300,000 included in the electric utility budget for consulting services, and very little of those funds were used in 2020. Primary Motion to Amend (Casagranda/Terry) Amend Resolution 2021-006 by striking "$75,000" and replacing it with $37,500" and by striking "300 hours" and replacing it with "150 hours". Borgeson noted there was the potential for reimbursable incidental expenses to be incurred. Secondary Motion to Amend (Casagranda/Baclaan) Amend Resolution 2021-006 by adding, "...plus travel and incidentals" following "...150 hours." Secondary Motion to Amend Passed Primary Motion to Amend Passed Motion to Postpone (Terry/Baclaan) Unanimous Yes: Casagranda, DeMoss, Seese, Baclaan, Terry No: Osenga, McClure Postpone Resolution 2021-006 to January 25, 2021. Terry wanted this contract tightened up to be very specific, and requested the city attorney review the contract. She was concerned that there were many inconsistencies between the resolution, agenda statement, and contract. 204 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Motion to Postpone Passed Other New Business Items Unanimous Vote and appoint one citizen to the Planning & Zoning Commission with a term to expire February, 2023. Applicants are: Brad Snowden, Vanessa Verhey, and Suzi Towsley. City Clerk Brenda Ballou passed out ballot 91 to council, collected them, and read the first vote count: Snowden 0 Verhey 4 Towsley 3 Motion (Terry/McClure) Motion Passed Appoint Vanessa Verhey to the Planning & Zoning Commission with a term to expire February, 2023. Yes: Seese, Baclaan, DeMoss, McClure, Osenga, Terry No: Casagranda Discuss directing the city manager to create an inventory of all electric and water meters by physical location and description of meter type. Casagranda said the meter exchange was previously reported to have been completed in 2018, but she discovered that the exchange had not actually been completed; she knew for certain there were commercial buildings that did not have meters. Also, Casagranda recently discovered more than one customer being billed for the wrong size water lines. DeMoss said it was obvious to her that there was a problem in utility billing, and that there was more than one type of error occurring; she had many examples. She believed conducting an inventory like this would be a cost-effective way to reconcile the utility billing with the actual inventory. Osenga recalled that not every business was required to have a demand meter; he thought they had a meter only if they exceeded a certain volume of usage. Casagranda said any home business that was owner -occupied was allowed by city code to pay a residential rate. However, if a home was not owner -occupied, then that property should be charged a commercial rate. Casagranda stated that she had been told that any commercial space was required to have a demand meter; however, she said a policy written by former electric utility manager John Foutz stated that a demand meter was only required if usage exceeded a certain volume, as Osenga had stated earlier. Borgeson said the tariff stated that a commercial service under 25 kW did not require a demand meter. He said there was approximately $40,000 worth of demand meters in the electric City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page warehouse which he documented. Borgeson said the city should have on file apicture of every meter, along with its physical location, GPS, and meter number. He said there were 800 commercial meters and 2,800 residential meters in the community. Public Works Director Doug Schoessler said he had an inventory of water meters for four- plexes and above; he added that three-plexes and below did not need meters. Motion (Casagranda/DeMoss) Motion Passed Direct the city manager to hire an experienced contracted meter reader to complete a location audit of all electric meters and also direct the city manager to complete an in-house audit of all water meters. Unanimous Casagranda said in February, 2019 something went awry and utility bills started being erroneous. She said the utility bills were generic enough that it was very difficult to determine what size water lines a customer was being billed for. To illustrate her point, Casagranda said one account she examined had been charged the minimum rate for a 2 1/z inch water line in one month because the usage was below the minimum, but in another month the water usage was higher and the customer was billed for the meter read. Terry wanted to make sure that any new businesses that started since February, 2019 would be reviewed as well, to make sure they were correctly being charged. Terry clarified that the meter information gathered would have to be compared to the bills in order to determine if each customer was being billed appropriately. Casagranda said this examination needed to be done for commercial customers, as well as residential customers. Motion (Casagranda/DeMoss) Motion Passed Motion (Terry/Baclaan) Motion Passed Direct the city manager to complete a financial in-house audit based on site visit data collected, and all Seward public utility bills for February, 2019 and December, 2020. Unanimous Extend the council meeting to midnight. Unanimous City Clerk's memo on city manager recruitment update and next steps. Council members Casagranda and DeMoss were authorized by council to select 15-17 interview questions from the list provided by GovHR, and send them to the city clerk. ►z1zy City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Council chose to use SparkHire for the initial round of candidate interviews. Mayor appoint two Council Members to the Tabulation Team for the city clerk evaluation (to be held on February 8, 2021). Council postponed this item to January 25, 2021. Council scheduled a work session on January 25, 2021 at 5:30 p.m. to review and discuss the evaluation forms used for the city manager, city clerk, and city attorney. Discuss directing the city manager to issue a Request for Proposals to conduct a forensic audit on the electric, water, and sewer utilities. Motion (DeMoss/Casagranda) Direct the city manager to issue a Request for Proposals (RFP) for a 3-tier forensic audit of the City of Seward's finance department and electric enterprise to include, but not limited to, water, sewer and electric utility billing. Terry wondered how this motion differed from the recommendation included in the agenda statement. DeMoss said this would be comprehensive to include the finance department; although specific to utility billing, DeMoss wanted to leave room for discovery and the flexibility to address other concerns. Baclaan asked if it was just the billing that would be audited, or the entire finance department. In response, DeMoss said it would be the department. The motion was withdrawn with no objection from council. Motion (Casagranda/DeMoss) Direct the city manager to issue a Request for Proposals (RFP) for a 3-tier forensic audit of the city's water, sewer, and electric utility billing to include, but not limited to tariffs, transmission line loss, policy for the placement of demand meters and the allocation of ERUs, to ensure all rate payers with a demand meter are being billed properly, and that all rate payers are being billed fairly and equitably for the years of 2018-2020, 3 years total. Osenga wondered how the city would pay for this, if the decision was made to move forward with it once the proposals were received, especially since there had just been so much consternation about passing the wage study due to finances. ►01A City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page DeMoss said she knew first hand that there had been problems, and she wanted them addressed before the city's new finance director and city manager started. hi response to Osenga, DeMoss said she had just received a refund from the city for $6,800 due to being overcharged on her commercial account, and Casagranda said she had recovered $2,900 for one of her clients. Terry said she was interested in having correct data behind the results of the rate studies, so that if rates had to be raised, the city would know they were justified. Motion Passed Motion (Casagranda/Baclaan) Motion Passed Yes: DeMoss, Baclaan, McClure, Casagranda, Seese, Terry No: Osenga Direct the city clerk's office to delay the scheduled destruction of all public records until directed by city council to resume. Unanimous Discuss providing input to GCI regarding the viability of continuing the Channel 9 local broadcasting program. Mayor Terry passed the gavel to Vice Mayor Baclaan and stated she had a potential conflict of interest because her husband worked for GCI, but neither she nor her husband would benefit or be harmed by whatever decision council or GCI made in this case. Vice Mayor Baclaan ruled that a conflict did not exist and returned the gavel. There was no objection from council. Seese said there were a lot of citizens who relied on watching the meetings broadcast on the local station. McClure recalled that when the audio went out on GCI recently, she had received many phone calls from her constituents complaining that there was no sound. Council directed the city clerk to send a letter to GCI requesting that the local broadcasting be maintained. INFORMATIONAL ITEMS AND REPORTS City Clerk's Annual Report on 2020 Public Records Requests CITIZEN COMMENTS Karen Corrigan thanked council for passing Resolution 2021-004; she was concerned, however, about the comments made regarding potential layoffs. If the general fund needed more revenue, she requested that the mill rate be raised and not sales tax. Lynda Paquette thanked council for their work tonight. Regarding the December 14, 2020 packet, she was upset that the Department of Environmental Conservation (DEC) had shared her email with city administration because she felt the email was subsequently used to publicly shame 208 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page her. Paquette asked where she could find the updated operations and maintenance plan for the Lowell Point Sewage Lagoon after it had been upgraded with the biodomes in 2015; she wondered if the plan had been updated at all. She was very concerned about the conflicting information she had received from the city versus the DEC; specifically, she pointed to the information included in the December packet versus the email she had provided council today. Paquette was tired of being ignored, shamed, and ridiculed by city staff and city consultants; she believed they were lying to her and council. Tanguy Libbrecht thanked council for their work, and for approving resolution 2021-005. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis would be gone January 21 — 25, 2021, and Sowell would be acting city manager. Sowell thanked everyone for their work. The city needed to make sure the citizens were being billed correctly because that was the ethical, legal, and right thing to do. Casagranda thanked administration for their support. She appreciated all the citizens for their comments. She wanted to make sure that owner -occupied residences received residential rates if they ran a business. She appreciated the attorney for making the drive to Seward. DeMoss thanked everyone for their work. Seese encouraged everyone to support the Polar Bear Jump. She congratulated John Anderson, and appreciated Karen Corrigan's comments about mill rate versus sales tax. Osenga wished John Anderson a happy retirement. Please donate to, or participate in, the Polar Bear Jump. He hoped Silvertip would be fully -funded and manned soon. He thanked Casagranda and DeMoss for their research on the utility billing issues. McClure thanked everyone for their work on uncovering utility billing issues. She was pleased that COVID-19 vaccines were going so smoothly in Seward. Baclaan said be kind to one another, and take time to keep yourself healthy and happy. Terry celebrated students going back to school. She asked administration to look into the disparity of information regarding the sewage lagoon and report back to council at the next meeting. EXECUTIVE SESSION Go into executive session for the purpose of having a discussion of strategy for the negotiation/renewal of power sales agreement with Chugach Electric Association, per SCC 2.10.030 (b) (4). 209 City of Seward, Alaska City Council Meeting Minutes January 11, 2021 Volume 41, Page Motion (Terry/Baclaan) Go into executive session for the purpose of having a discussion of strategy for the negotiation/renewal of power sales agreement with Chugach Electric Association, per SCC 2.10.030 (b) (4). Acting City Manager Regis, Assistant City Manager Sowell, Interim Electric Utility Manager Borgeson, and City Attorney Chandler were invited to remain. Motion Passed Unanimous Council recessed at 11:30 p.m. Council resumed at 11:35 p.m. Council went into executive session at 11:35 p.m. Council came out of executive session at 11:55 p.m. ADJOURNMENT The meeting was adjourned at 11:55 p.m. Brenda Ballou, MMC Christy Terry City Clerk Mayor (City Seal) Palo] COUNCIL AGENDA STATEMENT Meeting Date: January 25, 2021 To: City Council From: Christy Terry, Mayor John Osenga, Councilmember Agenda Item: Work Session for a proposed Ordinance Establishing a Code of Ethics for Municipal Officers, defining a procedure for a City Manager Conflict of Interest and qualifying the Term `Substantial Financial Interest' BACKGROUND & JUSTIFICATION: The purpose of Establishing a Code of Ethics for Municipal Officers is to continue and enhance a high standard of conduct for city municipal officers and to ensure that trust in these positions is well placed. Additionally, the ordinance will help clarify the term `substantial financial interest'. Considering the importance and gravity of the subject matter, we are proposing a work session for this item in order to give everyone sufficient time to study, discuss and amend the ordinance prior to introduction and public hearing. INTENT: To schedule a work session for the Ordinance Establishing a Code of Ethics for Municipal Officers, defining a procedure for a City Manager Conflict of Interest and qualifying the Term `Substantial Financial Interest.' CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): X Strategic Plan (document source here) : X Other (list): Council Rules of Procedure and Seward City Charter and Code include Conflict of Interest items X FISCAL NOTE: City Attorney fees to review Ordinance. Approved by Finance Department: NA ATTORNEY REVIEW: Yes No X* Not Applicable *While the attorney has not reviewed this request for a work session, we have been working with him on the proposed ordinance to ensure adherence to Seward Charter, Code and other laws. 'PAS This work and review began under the Special Ad Hoc Policy Work Group and previous City Attorney. RECOMMENDATION: Schedule a work session to discuss the proposed draft Ordinance Establishing a Code of Ethics for Municipal Officers, defining a procedure for a City Manager Conflict of Interest and qualifying the Term `Substantial Financial Interest.' ►A`: Agenda Statement Meeting Date: January 25, 2021 To: City Council Through: Norm Regis, City Manager From: Doug Schoessler, Public Works Director Agenda Item: February 8, 2021 Work Session for the Water Sewer Rate Study/Tariffs BACKGROUND & JUSTIFICATION: We are requesting a final Work Session at 5:00 or 5:30 pm on Monday February 8, 2021 for the Water/Sewer Rate Study. At this work session, we will present the final proposed Tariffs for Water and Sewer and our recommendation of how and when to implement them. 11/z hours should be enough time to go through the material. The City's consultant from Gov - Rates will attend virtually to present information and help answer any questions. *After the work session, we plan to bring a resolution to Council on February 22, 2021, with the intent that the rates are to be effective April 15. 2021. RECOMMENDATION: City Council set a Work Session on February 8, 2021 for the Water/Sewer Rate Tariffs 0AV-3 AGENDA STATEMENT Meeting Date: January 18, 2021 From: Karen Corrigan, Acting Deputy City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Apollo Restaurant Restaurant/Eating Place License 93230 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Apollo Restaurant, License 93230, Restaurant/Eating Place. ►AE11 MEMORANDUM Date: December 18, 2020 To: Naneth Ambrosiani Finance/Leases Sarka Calocci Finance/Public Utilities Acting Chief Alan Nickell Police Department Chief Clinton Crites Fire Department From: Brenda Ballou, City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Apollo Restaurant Licensee: Konstantinos Kanaras Type of License: Restaurant/Easting Place License Number: 3230 Department Status Initials Finance/Leases Finance/Utilities t .. ; cx VA 2c: iQ Police Chief Fire Chief jra n7L F/L g 40,7 t.;Ao * Deadline for Protest: February 16, 2021 * Last Council Meeting for Non -Objection: February 8, 2021 PAR THE S'1'NIT 'ALASKA UNLRNOR N11KL DUNLLAWY December 18, 2020 City of Seward Kenai Peninsula Borough Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 Via Email: clerk@cityofseward.net ; bballou@cityofseward.net ; MBerg@kpb.us ; MJenkins@kpb.us ; SNess@kpb.us ; BTaylor@kpb.us ; JHindman@kpb.us ; TShassetz@kpb.us ; JBlankenship@kpb.us Re: Notice of Liquor License Renewal Application License Numb r DBA I Type City Borough .( Community Council 3230 Apollo Restaruant I Restaurant/Eating Place Seward I Kenai Peninsula Borough I NONE We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov PAR STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx 3230 ISSUED LIQUOR LICENSE 2021 - 2022 LICENSERENEWAL DR ABC BOARD THIS LICENSE EXPIRES MIDNIGHT FEBRUARY 28, 2023 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eatim- F LICENSE FEE: $600.00 1130 D/B/A: Apollo Restaruant 229 4th Ave Mail Address: Konstantinos Kanaras PO Box 3172 Seward, AK 99664 04-900 (REV 9/09) CITY / BOROUGH: Seward Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board [ ] Special restriction - see reverse side ISSUED BY ORDER OF THE ALCOHOLIC BEVERAGE ONTROL BOARD DIRECTOR THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES STATE OF ALASKA - ALCOHOLIC BEVERAGE CONTROL BOARD LICENSE NUMBER FORM CONTROL xxxx LIQUOR LICENSE 3230 ISSUED G ^ 0 ^G 1 — 2022 � G 0 2 2 LICENSE RENEWAL APPLICATION DUE 12/14/2020 DECEMBER 31, 2022 (AS 04.11.270(b)) ABC BOARD THIS LICENSE EXPIRES MIDNIGHT r FEBRUARY 28, 2023 UNLESS DATED BELOW TYPE OF LICENSE: Restaurant/Eating LICENSE FEE: $600.00 Cl TY / BOROUGH: Seward Air !" Kenai Peninsula Borough This license cannot be transferred without permission of the Alcoholic Beverage Control Board D/B/A: [ ] Special restriction - see reverse side Apollo Restaruant ISSUED BY ORDER OF THE 229 4th Ave ALCOHOLIC BEVERAGE CONTROL BOARD Mailing Address: Konstantinos Kanaras r f) py PO Box 3172 DIRECTOR Seward, AK 99664 THIS LICENSE MUST BE POSTED IN A VISIBLE PLACE ON THE PREMISES 17 04-900 (REV 9/09) Go�oy & AMCO ", ''ROIL Ovo Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.Iicensing@alaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Doing Business As: Apollo Restaurant License Number: 3230 License Type: Restaurant/Eating Place Examiner: OF Transaction #: 1373899 Document Received Completed Notes AB-17: Renewal Application 11 /13 12/14 App and License Fees 11 /13 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit 11/13 12/14 COI / COC / 5 Star FP Cards & Fees / A13-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? ❑ El Mailing address and contact information different than in database (if yes, update database)? F In "Good Standing" with CBPL (skip this and next question for sole proprietor)? 7 7 Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? F7 LGB 1 Response: LGB 2 Response: 11 Waive Protest Lapsed 11 Waive Protest Lapsed [Master Checklist: Renewal] (rev 09/20/2018) Page 1 of 1 01&7E Airrih0 an t Nl4'rrµial�rr i r,irtrcl (IfIdtp 55O W 7`3 Avenue, suite 16W Anchorage, AA 99501 ,9loh i.licGn5in alaska, �s hrtr)S:/1VVtVLJ-r:�mme:ce.aias a. t�v/eretslamcri Phcne: 907.269,0350 Alaska Alcoholic Beverage Control Board Form A -17: 2021/2022 License Renewal Application * This font and any required supplemental farms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 per A5 04.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. e Any complete application for renevaal or any fees for renewal that have not been postmarked by 02/2812021 will be expired per AS 04.11.540.3 AAC 304.160(e). • All fields of this appl€cation must be deemed complete by AMCi3 staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per A5 04.11.270, 3 AAC 304.105 • Receiptand/or processing of renewal payments by AIMCOstaff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Licensee (owner): KONSTANTINOS i:ANARAS License #: 3230 License Type: RESTAUF-kNT EATING PLACE Doing Business As; APOLLO RESTAURANT Premises Address: 229 4TH AVE Local Governing Body: CITY OF SEWARD (KENAI PENUNSULA BOROUGH) Community Council; NONE If your mailing address has changed, write the NEW address below: Mailing Address: P.O. BOX 3172 l City: SEI':ARD I State: AK ZIP: I QQAAL I Section 1 - Licensee Contact Information Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must he listed on CBPLw1th the same name and title. This person will be the designated point of contact regardingthis license, unless the Optional contact is completed. Contact licensee: KONS'TANTTlimS KANARAS Contact Phone: Contact Email: ---111o300Sj@gmai1.com Optional. If you wish for Atv;CO staff to communicate with anyone other than the Contact Licensee about your license, list them below: Name of Contact: Px M HUB iPHREY Contact Phone: 907-22'-3464 Contact Email: hum ha @ ahoo . coin Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: [Form AS-17](rev09/23/2020) A MO RECV Page 1 of 4 219 Dec 14 2020 Alaska Alcoholic; Beverage Control Board A -MID ` Form B-17: 2 21/2022 License Renewal Application Section 2 — Entity or Community Ownership information Sale E22E! s s I spjhls Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity A Alaska CBPL Entity ##: READ BEFORE PROCEEDING: Any new or changes to Shareholders (10%. or mare), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the Business license must be reported to the ABC Board within 10 days of the change and roust be accompanied By a full set of fingerprints on FBI -approved card stock, AB-08a's, payment of $48.25 for each new officer with a date -stamped copy of the CBPL change per AS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in AS O4.11.050(c). DO NOT MIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. Corporations of any type including non-profit must list ONLY the following: c All shareholders who own lord or more stock in the corporation * Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned Limited Liability Corporations, of any type must list ONLY the following: ra All Members with an ownership interest of 10% or more * All Managers (of the LLC, not the DBA) regardless of percentage owned Partnerships of arty type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 1.0% or more o All General Partners regardless of percentage owned Important Note: All entries helove must match our records, sir your application will Be returned pz;r A5 04,11.270, 3 AAC 30i4,105. You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for n dcompleted copies of this each official o your entity whose information we require. If more space is needed: attach additi onal ,., ....-- Dame of Official: T►tle(s): Phone: % Owned: Mailing Address: City: State. ZIP: Name of Official: Title(s): Phone: 717% Qwned: Mailing Address: City: State: ZIP: Dame of Official. Title(s): Phone: ao Owned: Mailing Address: city- State: ZIP. (Farm AB-171(rev09/23/2020) ' " M O I"\ L CV 220 I9TME'IIWIM, Page 2 of4 Alaska Ak.011011L Beverage � rarllr�l I�aartl ,y Form 3-17: 2021/2022 License Renewal Application Corporations, LLCs and Pa.rtnerships of ALL kinds should skip this section, READ BEFORE PROCEEDING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS O4-11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Mote: All entries below roust match our records, or Your application will be returned per AS 04.11.270, 3 AAC304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this pae will be rejected. This individual isan: Applicant Affiliate Name. KONSTANTINOS KANARAS Contact Phone: 907--224-3092 Mailing Address: City; SEWARD State: AK ZIP: 199664 Email: HUMPHAP@YAHOO . COM This individual is an: Applicant IX lAffiliate (spouse) Name; DEMITRA KAPSANIS Contact Phone: 1907-224-3092 Mailing Address: P.O. BOX 3172 City: SEWARD State: AK ZIP: 199664 Email: HUMPHAP@YAHOO. COM Section4 — License Operatiol Check ONE OG for EACH CAI ENDAR YEAR that best describes how this liquor license was operated 1. The license was regularly operated continuously throughout each year. (Year-round) 2. The license was only operated during a specific season each year. (Seasonal) !f your operation dates have chagAed, list there below: E �. The license was onlyoperated to meetthe minimum requirement of 240total hours eachcalendar year, { r l?ie Afi-3C pro f e�4ininrF4rrt (3 2tnriQn Ctteeklist, end o!1 dnrunrenm ion MUM he 2rovided with this orm. 2019 2020 51 4. The license was not operated at all or was not operated for at least them inimurnrequirement of 240 total El ❑ hours each year, during one or both calendaryears. A complete form Aj?-29: �✓afver n OoerQtian liB 1.:er ti,m rlr�ti`?'orrC 7c3R in. Pes rrrtt5t G?svhmitted with rhi, a f,f titre iar eoeir [plendzzr con d:rrinr�-c�hith the license ergs ref rnteri. If you have not met the minimum number of hours of operation in 2020 you are not required to pay the fees however a complete AB-29 is required with Sectiaan 2 rrtarl ed "OTFiI l?" and COVID is listed as the reason-. Section 5 e Violations and Convictions Yes No Flave ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2019 or 2020? If you checked YES you MUST Watt a lisi_�crdl i�ocices csf Vic36trfir�rt rrttd/ur Crap riciisns per �� �3�. � i.27fJ a 2 If ou are unsure if You have received an Notices o Violation contact the o tce before submitting,this orm. A MCO RECV [Form AS-17] (rev09j23J2020) Dec 14 2020 221 Page of4 J'_ '>, Alaska Alc.uhulfe: Beverage Contrul Buard AM CO ,r $ Form AB-17: 2021/2022 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am farniliar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. M 1 agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • I certify that, all current licensees (as defined in AS 04.11.260) and affiflates have been listed on this application, and that in accordance with AS O4.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10%or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. • I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in A5 04.21.025 and 3 AAC 304.465. • I certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I cWbelf of the organized entity that I understand that providing a false statement on this form or any other form CO is grounds for rejection or denial of this application or revocation of any license issued. Signature of licensee u otary Public KOI�TSTAN>`INOS KXNARAS Notary Public in and for the State of 4f ��Li Printed name of licensee My commission expires: 'xp � ' ` "Zg Subscribed and sworn to before me this f 0 day of �� c�'L 20 06 . ��tid��1t111111���/lif�i� Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affid Recreational Site applications must include a completed Recreational Site Statement �'� Tourism applications must include a completed Tourism Statement = 1*44 Wholesale applications must include a completed AB-25: Supplier Certification i TARY . PUBLIC All renewal and sup lemental forms are available online OF �� � 'Zs Any application that is not complete or does not include ALL required completed farms and fe��s�tlldll9i1�1i���� will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: J $,Q0. Application Fee: $ 30(i.[JO Mist. Fee. $ Total Fees Due: $ g AMCO R E D' [Form AB-171 (rev09/23/2020) Dec 14 P20 Page of4 Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/102415 Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska / Commerce / Corporations, Business, and Professional Licensing / Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name Apollo Restaurant, LLC Entity Type: Limited Liability Company Entity #: 102415 Status: Good Standing AK Formed Date: 7/17/2006 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 Entity Mailing Address: P O BOX 3172, SEWARD, AK 99664-3172 Entity Physical Address: 229 4TH AVE, SEWARD, AK 99664 Registered Agent Agent Name: Konstantinos Kanaras Registered Mailing Address: P O BOX 3172, SEWARD, AK 99664-3172 Registered Physical Address: 229 4th Ave, Seward, AK 99664 Officials AK Entity # Name Konstantinos Kanaras Titles Show Former Owned 100.00 Filed Documents 223 1 of 2 11/13/2020, 2:35 PM Division of Corporations, Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/102415 Date Filed Type Filing 7/17/2006 Creation Filing Click to View 10/19/2006 Initial Report Click to View 2/22/2008 Biennial Report Click to View 4/19/2010 Biennial Report Click to View 12/23/2011 Biennial Report Click to View 12/16/2013 Biennial Report Click to View 12/16/2013 Agent Change Click to View 12/14/2015 Biennial Report Click to View 12/08/2017 Biennial Report Click to View 10/29/2019 Biennial Report Click to View Certificate Click to View COPYRIGHT © STATE OF ALASKA - DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 224 2 of 2 11/13/2020, 2:35 PM TMI co N O 0) w N C G1 U J U) U) G1 C N 7 m f6 Y N f6 Q E CL O 7S 0 c.> O r_ O u W c� r�+ E O d L E O U 4- 0 Q 0 0 N c� El C N U J C O O 00 O N O 00 O C Q (6 (6 J U) (6 N N C � 7 CO (O O 0= O O 2 X Q m O U n 0 c O .> 0 U J J Z NQ I..L U) NW 0. 0 J 0 n Q Y 0 LLB U) N M O m n U J J H z Q H CO W Of O J J O a_ Q O Q N O U) U) N c U) 7 U 7 C O U O c N E (6 Q N N (D c (D U u N N N O U N (n N N co .� CO Q Q O NO LL U ^ -0 N C 0 N m O C: O O) N .� m N 0 O E N 0 E (D O L U (D O 0 N O z I- 0) C L (6 _ 7 O -0 _( .� o N � U (6 (D O N O (n N C .0 O C L N O O U 70 (6 O ?� Q 0 � ; U E O Q N 42 0 Q C O N U (D (6 E (6 -5 C N C m �� -oD �(D aid 0 0 -0 o o- o o 0 o c o (6 n (n (D + E (D C O N C (6 N .O C -U C }, -p (n O N (D .D Q E E D N E 0 — O THE STATE "�ALASKA GOVERNOR IMIKE DUNLEAVY Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 December 14, 2020 Konstantinos Kanaras DBA: Apollo Restaurant Via Email: Apollo300GR@gmail.com ; humphap@vahoo.com Re: Restaurant/Eating Place License #3230 DBA: Apollo Restaurant Dear Applicant: I have received your application for renewal of your liquor license. Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest. A temporary license has been issued for this establishment. Your application will be scheduled for the January 2021 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the alcohol.licensing@alaska.gov email address if you have any questions. Sincerely, Olivia Frank Occupational Licensing Examiner paz: MEMORANDUM Date: January 25, 2021 To: City Council Subject: 3.31-acre Land Sale Request We would like direction from Council regarding the possible sale of 3.31 acres located on the Fort Raymond property. Per City Code 7 .05.120 The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid. Administration has received a request from Chugachmiut to purchase land. Chugachmiut has requested that the 3.31 acres needs an to conduct an intensive study of the preferred land parcel. Before they order the study, they need a firm commitment from the City of Seward. Area requested 227 Valdez Tatitlek Eyak Chenega Prince Gulf of Alaska Qutekcak William Sound Port Graham Nanwdek Chugachmiut December 30, 2020 Christy Terry, Mayor City of Seward P.O. Box 167 410 Adams Street Seward, Alaska 99664 Dear Mayor Terry: Chugachmiut is a 501(c)(3) tribal organization formed in 1975 to provide health and social services to the Alaska Native/American Indian (AN/AI) population in the Chugach region. The region is composed of seven communities and villages in southcentral Alaska spanning approximately 15,625 square miles, with a combined population of approximately 2,200 Alaska Natives/ American Indians including Seward/Qutekcak. Additionally, through an agreement with the U.S. Department of Veteran's Affairs, we provide services to veterans living in Seward and the surrounding area. In 1987 Chugachmiut established the North Star Health Clinic in Seward to provide basic primary care and to function as a regional hub for the four village clinics staffed by Community Health Aides. We've improved and supplemented services as technology and medical knowledge advanced and at present we offer a diverse selection of clinical and ancillary services. These services include, but are not limited to, enhanced primary care, pharmacy, behavioral health, substance abuse treatment & prevention, diabetes intervention & prevention, dental, tobacco intervention & prevention, nutrition, health promotion & education, telehealth, and electronic health records. Last fiscal year, ending September 30, the North Star Health Clinic processed 3,508 patient encounters in Seward and processed an additional 4,429 patient encounters to the four remote village clinics for dental, medical and behavioral health purposes. With an increase in the number of beneficiaries and service delivery over the years we have simply out grown our current clinic space and need to expand. _ Based on our need for expansion, we are very pleased to present an opportunity that decidedly improves the City of Seward while enhancing the health and well-being of the people we serve. Chugachmiut is partnering with the U.S. Government under the Indian Health Service Joint Venture Construction Program to build a 15,000 square foot hub clinic in Seward. The clinic comes with approximately 24 new jobs and will boost the local economy by greater consumer spending and expenses associated with the operation of a facility almost three times the size of the leased space we currently occupy. These new positions will bring professional personnel and their families to boost rental and/or the sale of homes in Seward. TAMAMTA PIGPET 1840 Bragaw Street, Suite 110 / Anchorage, AK 99508-3463 / (907) 562-4155 / Fax (907) 563-2891 "All of Ours" A Tribal Organization Serving the Chugach Native People¢2@fAlaska In addition to personnel based in Seward, the number of itinerants cycling through Seward in support of the facility will also bring increased, year-round consumption of hotel, restaurant, and other services. We anticipate a minimum of 200 itinerant lodging days with accompanying purchases at local restaurants and personal shopping as well. While Chugachmiut will be increasing staff and expanding services in Seward we will continue to be reliant upon on the local hospital for laboratory services, x-rays, and emergency room care. We will also continue to refer patients to local providers for services beyond the scope of care at the regional hub clinic. Over the past 10-11 months, Chugachmiut has been in discussions with Jackie C. Wilde, Community Development Director about the possibility of purchasing land owned by the City of Seward for this project. Ms. Wilde helped us identify sites and allowed us to conduct preliminary, non-invasive analysis of four city owned sites. After initial analysis, Chugachmiut is very interested in 3.31 acres in the southern -most section of `Fort Raymond'. Depending on price, we may be in a position to purchase more than the 3.31 acres identified. Our next step is to conduct an intensive study of the preferred land parcel. However, before we order an expensive study, we need a firm commitment along with an initial price no later than January 28, 2021 from the City of Seward for the `Fort Raymond' selection. There are fixed deadlines imposed by our federal partner for each phase of the project and an in-depth land study is mandatory. Thank you in advance and we look forward to your favorable response to this request. I'm available to meet with you and/or the Seward City Council at any time. Please do not hesitate to contact me via e-mail at ian(a,chugachmiut.org or by phone at (907) 562-4155 or (907) 441- 5514. Regards, Angela J. Vanderpool, Executive Director CC: Norm Regis, Acting City Manager Brenda Ballou, City Clerk 229 (D MLO'TD OO O I,- O 00 -ISO �(D 00 00 CD I-M (0(000000000000 N1� CD CD 00 CD LO00T (0 CO N 7 ,.. 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