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HomeMy WebLinkAbout08092021 City Council PacketSeward City Council Melva K Agenda Packet PgD, A tq GST Monday, August 9, 2021 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting August 9, 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 Janette Bower 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 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. Borough Assembly Report C. City Manager Report ........................................ Pg. 4 D. City Attorney Report ....................................... Pg. 18 E. 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. Alaska Municipal League (AML) Summer Conference Report by Council Member DeMoss F. Presentations —None City of Seward, Alaska Council Agenda August 9, 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 2021-006, Amending Portions Of Seward City Code 15.10.140 Definitions; 15.10.226 Land Uses Allowed, To Change, Update, And Accommodate The Wishes Of The Public To Promote Life Safety And Maintain A City Code That Reflects The Community's Needs ...................................................... Pg. 20 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2021-079, Authorizing The City Manager To Enter Into A Contract With OpenGov, Inc. For An Online Business License Portal In The Amount Of $17,000, And Appropriating Funds. This resolution was postponed from July 23, 2021..................................................................... Pg. 35 9. NEW BUSINESS A. Resolutions *1. Resolution 2021-083, Authorizing The City Manager To Enter Into An Agreement With Harmon Construction In An Amount Not -To -Exceed $282,500 For Sidewalk Repair Project — E For Fifth Avenue Sidewalk Repairs, And Appropriating Funds. Pg. 51 2. Resolution 2021-084, Approving A Franchise For The Collection And Disposal Of Garbage And Refuse With Alaska Waste -Kenai Peninsula, LLC, Subject To Approval By The Voters Of Seward At The October 5, 2021 Regular City Election...... Pg. 60 3. Resolution 2021-085, Authorizing The City Manager To Enter Into A New Wholesale Power Supply Contract With Chugach Electric Association (CEA) For An Initial Term Of Three Years With Two Three -Year Renewals ........................... Pg. 74 4. Resolution 2021-086, Approving The Agreement Covering Terms And Conditions Of Employment Between The City Of Seward, Alaska And The Seward Public Employees Association (SPEA) Effective January 1, 2022 And Ending December 31, 2022..................................................................................... Pg. 105 B. Other New Business Items * 1. Approval of the July 26, 2021 City Council Regular Meeting Minutes......... Pg. 172 *2. Non -objection to the transfer of the liquor license and approval of the Restaurant Designation Permit for Thorn's Showcase Lounge, Beverage Dispensary, License 91130.................................................................................... Pg. 184 10. INFORMATIONAL ITEMS AND REPORTS — None It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] City of Seward, Alaska August 9, 2021 Council Agenda Page 2 `a 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda August 9, 2021 Page 3 City of Seward City Manager's Report August 9, 2021 Mayor Terry and Council Members, Below is a snapshot of some of the meetings and activities from July 21 to August 3: Emergency Operations Center (EOC) Response Overall, the EOC response was very successful. We held a debrief on Wednesday morning regarding our response. The tsunami warning was issued at approximately 10:22 pm. Immediately, city staff began responding. The Emergency Operations Center (EOC) was "stood up" and emergency operations began. The police and fire departments evacuated the campgrounds. We noted the campers were uncertain of where they should evacuate to. The tsunami brochure will be added to the campground portion of the website and if possible, added to the email reservation confirmation. Approximately 250 people signed in and took shelter inside the high school. There were an estimated 250- 300 people who remained on the grounds outside of the high school during the event. There were no major issues and everything went smooth. The only issue was the lack of dedicated sign -in sheets in the response supplies. The response supplies will be replenished with actual forms to collect the data, instead of pads of paper. Having sign -in sheets became critical when an individual could not find someone they came to shelter with. The Parks & Rec staff were able to look over the list and see that the person had signed in and they were able to reunite the individuals. Had there been an actual tsunami, the check -in process would have crucial to find any missing persons and reuniting families. Fire Chief Crites connected virtually to the Borough's Emergency Operations Center. This worked very well. Chief Crites was able to provide information to our EOC in real time. Because this was so successful, we decided to build on it for our local stakeholders. The plan is for our EOC to host a virtual platform. The invited participants will include our medical providers, schools, radio stations, Seward Journal, Alaska Railroad, etc. The goal is for everyone to receive the same information and to be on the same page. Public information was broadcasted on Facebook and there was great information available but we heard it was sometimes hard to find. The plan to resolve this issue is to have a main City Facebook page. The PIO, City Clerk Ballou, will post directly to the page. The other City departments will continue to post on their pages and will share the posts on the main page. The tsunami sirens were very, very effective. The only issue was that the announcement said to tune in to your local radio station for further information. The tourists do not know the local stations. We will work with the Borough to announce the local radio station. Public Works responded immediately and did a great job moving their equipment and assisting other departments. The Harbor staff also responded immediately and worked very hard to notify the persons who live in their boats. The Electric staff was available to respond to power needs. During the event they formulated plans for the current event and future events. Community Development, acting in the logistics role, provided critical mapping and documented all EOC activities. The Finance Department had staff at the EOC and were ready to file any FEMA required forms should it become necessary. I could go on and on regarding the city staffs response. But I'll summarize it with my personal Facebook post: "This board represents teamwork and a great staff whose sole desire was to help ensure the residents of Seward were safe during tonight's tsunami warning and subsequent evacuations. Thank you guys — you were amazing!" Lowell Point Sewer Lagoon Complaints Assistant City Manager Stephen Sowell has been logging sewer lagoon complaints and reports the last complaint filed was on June 10, 2021. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Department: Date of Separation: Police Officer Police 7/20/2021 Library Aid Library 7/30/2021 Building Official Fire 8/6/2021 Library Aid Library 8/13/2021 New Hires: Department: Date of Hire: Executive Assistant Administration Administration 8/16/2021 Available Full Time Positions: Department: Position Status: Patrol Officer Recruit (3) Police Advertising Since 01/27/2020 Sports & Rec Assistant SPRD Advertising Since 04/05/2021 Corrections Officer (2) Police Advertising Since 04/12/2021 Accounting Tech II Utility Finance Advertising Since 04/16/2021 Library Program Coordinator Library Advertising Since 04/23/2021 Journeyman Lineman Electric Advertising Since 05/04/2021 Executive Assistant Administration Administration Advertising Since 05/21/2021 Police Dispatcher Police Advertising Since 06/21/2021 Executive Assistant Police Police Advertising Since 06/22/2021 Water/Waste Water Operator Public Works Advertising Since 06/30/2021 Available Seasonal Positions: Department: Position Status: Campground Attendant SPRD Advertising Since 03/12/2021 Campground/Park Maintenance SPRD Advertising Since 03/12/2021 Seasonal Library Aide Library Advertising Since 04/05/2021 Gardner SPRD Advertising Since 04/19/2021 11 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Date Department Description Amount 7/20/2021 Electric 15KVA Overhead Transformers (restock) $ 6,390.00 Transformer Concrete Pad Mounts 7/26/2021 Electric (SUMI, UMI, SUMI-D are forms of concrete pads for the $ 16,480.00 transformers Thank you, City of Seward Department Activity Reports Community Development Jackie Wilde- Director ➢ Meeting with contractor for animal shelter build. ➢ Meeting with MacSwain Associates appraiser regarding Fort Raymond, SMIC and City Annex building. ➢ Logistics and set up of EOC following the Tsunami warning on 07/28/2021 ➢ Meeting with Chugachmiut to discuss next steps, testing results and where everyone is in the process ➢ Working on quotes and research of Columbarium with the American Legion and Pioneers below are some frequently asked questions.. o Q. What is a Columbarium Wall ■ A columbarium is a permanent structure made up of niches, or spaces, where urns containing the remains of cremated loved ones are kept. o Q. Why invest in a Columbarium? ■ Some cemeteries are facing land shortages. The columbarium can provide an innovative solution for cemeteries concerned with running out of interment space. Provide an appealing place for interment other than: in ground burial. Create an attractive columbarium garden setting that will draw visitors and families back to the cemetery. Create a meaningful memorial alternative. If thoughtfully designed, the columbarium garden lends itself to not only maximizing interment space but it can also reduce maintenance budgets per interment. Conserve water and lawn mowing costs by employing xeriscape landscaping features within and around the columbarium garden. Cemeteries often have challenging sections that are not being fully utilized. ■ Smaller family columbaria can be placed within the columbarium garden settings and along pathways to provide easy access for visitors as well as accommodate the needs of families wishing to be interred together compliment the larger commercial columbarium with a variety of family columbaria. On a cold winter's day, interring an urn in a columbarium niche is far less laborious compared to preparing a grave for casket burial. Cemetery staff appreciate the ease of access when interring cremains in a columbarium niche, especially if that niche door is engineered for both security and utility. Columbaria niche interment requires an easy to follow protocol. A well -designed niche system allows for efficient cemetery operations. ■ Pivot towards the trend. Offering families, an interment option that is not only attractive but can provide a positive return on investment. A columbarium can add value to the cemetery's appeal and bottom line. o Q. What Are Niches? Each wall of the columbarium is comprised of rows of small square spaces, called niches. Each niche is uniform in size and shape, and can house one or two urns. Additionally, each niche is covered with an engravable granite lid o Q. How large is the Columbarium? ■ Below, are three different size examples (24 36 & 48) with previous examples of completed projects. i � n A'. 4A. Sa2•SI i F 1 1 11-d9` L— i ➢ Community Development has done the following administrative reviews and projects ➢ Demo Permit- 0 ➢ Building Permits-1 ➢ STIR New- 1 ➢ STIR in process-2 ➢ STIR number total- 114 ➢ Business Licenses-5 ➢ CUP reviews -10 9 Electric Department Director Rob Montgomery ➢ Right-of-way Clearing Seward Hwy (Update) — Clearing work on the transmission corridor near Moose Pass continues and Power Operations Supervisor Pat Domitrovich is pleased with the progress to date. Crew members of AK Tree Service have said the right of way in some sections may be the worst they seen. Below is a drone photo of a cleared section taken on July 27. ➢ Demand Meters (Update) — A representative from Chugach Electric is expected to visit Seward next week to program the meters for demand use. While programming, he will provide training to Seward Electric personnel so they can manage future programming of meters. ➢ Job Orders — For the month of July, Seward Electric completed six job orders and six bi- directional meter installations for residential customers. There are now eight bi-directional meters operating in Seward with another in the queue for installation. it$] ➢ Nash Road Infrastructure — The Electric Department has asked Dryden & La Rue engineering consultants to update their original engineering design plans for the Nash Road project completed several years ago. Estimates are also being pulled together for project materials. ➢ Lawing Distribution Transformer — Power Operations Supervisor Patrick Domitrovich has been meeting with Chugach Electric representatives to coordinate efforts for taking the Lawing Substation distribution transformer out of service the week of August 2. Oil testing on the transformer had indicated that it is in imminent danger of failing and that it poses a safety risk for employees working in the substation. is Finance Jessra Snyder ➢ The internal audit continues with the utility billing. Accounts that have been underbilled for water and wastewater are currently being reviewed. A letter will be sent out to notify these customers and let them know that the City will be correcting the billing, and that they will not be back -billed for the underbilling. This letter will be sent before the changes to the accounts take effect. New focus will be business accounts including City accounts. It was mentioned that it would be beneficial having the new W & S tariffs in place to give customers a better idea of what is coming as far as billing. ➢ James Edmonstone and Jim Scordo, from Greene Forensic Accounting Solutions, LLC arrived on July 21 for the Forensic Audit. They wrapped up their on -site review on 7/28/2021. They anticipate working with the City and continuing their review through the end of August. Jessra joined them for two meetings on their first day when they met with some council members later that week. There was a lot of good information that will be useful as Finance continues to provide information for the auditors as well as giving Finance additional insight into the department and its activities. ➢ The garbage RFP deadline was July 23. Finance received packets from two companies for the contract that will begin 1/1/2023. The scoring has been completed. Resolution will be drafted for City Council to approve a franchise agreement for the collection and disposal of garbage. It will go out to the voters of Seward at the October 5, 2021 regular city election. ➢ The MD&A and Transmittal letters for the financials are currently being drafted. Jessra has had several conversations with the City's auditors as well as contacts at Providence regarding questions from Altman and Rogers about capital assets. Due to pending questions, the audit and financial presentation from Altman & Rogers has been postponed ➢ There is still an opening for the Utility Accountant Technician 11. 8/09/21 Meeting W Fire & Building Department Fire Chief Clinton Crites We can always use volunteers, if you or someone you know is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00 pm. Alaska's Earthquake Simulator Will be hosted at the Seward Fire Station August 22nd 1:00- 4:00pm. Hotel ..- Plan You - Here MEMMOMME1 MENNENr Statistical Information: Fire & Life Safety Inspections YTD: 296 inspections discovering 568 violations. Emergency Calls year to date: 157 New Building Permits issued YTD: 27 with a total job valuation of $2,569,244 Demo Permits issued YTD: 3 EXIT-,, A Count � 2 t Read the evacuation plan in your room. Find the closest exits to the outside from your room. Count the number of doors between your room and the exits. 13 Harbor Harbormaster Norm Regis ➢ Both Travelifts have started removing vessels from the harbor for winter storage. ➢ We are prepping the SMIC yard for the winter storage season. ➢ We still have a short list on the 330 ton travelift to either get lifted or to be placed into the water. ➢ All the water in the harbor is turned on, we had some water main breaks in the harbor but they have since been repaired. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last 2 lots at SMIC, this could take some time but we are making headway. ➢ The fish cleaning stations are open and very busy. ➢ The harbor office is fully staffed. ➢ The Harbor has upgraded to the new software and are still working through some minor issues with the on-line payments. ➢ The harbor office is open seven days a week and are preparing for the Salmon Derby. (August 14t" to August 22, 2021.) ➢ Continuing to have meetings concerning the North East harbor launch ramp, we are at the 95% design we are waiting to receive the dredge permit from the CORP, once we have the permit we will go out to bid. ➢ R&M and the harbor are finalizing a couple small items but will go out to bid for the G, K and L float project late next week. ➢ We are working with an issue with the 50 ton travelift, we currently have it working and are awaiting parts to have a permanent fix. 14 Seward Community Library & Museum Bailey Sayler Museum Window Display Dennis Hitt and the Mt. Marathon Junior Race are featured in the Windows of History display. The exhibit tells the story of Dennis Hitt, a Seward High School graduate who fell to his death in a climbing accident on Mt. Alice in 1963. At the time, the 18-year-old Hitt was captain of the Seward Mt. Marathon race team and the trip up Mt. Alice was a training run for the big race. The first Mt. Marathon Junior Race held a year later was dedicated to his memory. The exhibit was created by the Resurrection Bay Historical Society. Summer 2021 Movie 02 Program Tues-Sun, 2-3pm We are showing the lditarod National Historic Trail: A History and Waves Over Seward daily at 2pm, Tuesday -Sunday. Summer Reading Challenge for All Ages 2021 Theme: Reading Colors Your World Ongoing through August 7 Read for 24 hours this summer! Join this special community wide program for ALL AGES. Our program includes take-home craft kits, coloring pages, and other fun take-home activities throughout the summer as we promote participation! Supporters — Thank You! We appreciate the support of the Alaska State Library, Sustainable Seward, and the Seward Community Library Association! The Alaska State Library provides registration and promotional materials for the iRead program across the state. The Seward Community Library Association donated $1000 to help purchase supplies for the program. W Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter Register for programs and reserve facilities on RecDesk: https://seward.recdesk.com/Community/Home View additional program details on the Sports & Rec page: https: //www.cityofseward. us/departments/parks-recreation/sports-recreation Mary Lowell Replacement Marker Peninsula Memorial Chapels has received the granite. Waterfront Playground Slide We are working with the slide manufacturer to troubleshoot a component that is preventing completion of the replacement slide installation. Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https: //www.cityofseward. us/departments/parks-recreation/campgrounds 2021 Campspot Bookings as of 07/29/21 Period Site Nights Revenue Completed Bookings 22,155 $ 894,633 Advance Bookings 5,559 $ 249,837 Total: 27,714 $ 1,144,470 Sports & Recreation Tot Time July — August I Tuesdays & Thursdays 111am — Noon I @Branson Pavilion Adult Disc Golf League June 6 — Aug. 14 1 Individual play Youth Soccer League July 12 — August 20 1 Mondays & Wednesdays 1 5:30 — 8:30 PM I @Elementary Soccer Field. Outdoor Sports Club Sundays 1 5:00 — 7:00 PM I @Little League Field Around Town Scavenger Hunt The first week of each month, Sports and Recreation puts out a new Around the Town Scavenger Hunt. Explore Seward and photograph your adventure. Email your pictures to irutledge@cityofseward.net to receive a prize! Will last the duration of the month. ill Public Works Doug Schoessler ➢ Earthquake, Tsunami Warning: Late Wednesday evening the 28t" we had a Tsunami warning and evacuation to higher ground. Public Works accounted for all personnel, opened the gate to Lowell canyon, moved heavy equipment to higher ground, and reported activities through the EOC. Thankfully it turned out to be just a drill for all. ➢ Director vacation: I was able to use some vacation time the last few weeks and fill space in the freezer with fish. The Public Works staff did a great job while I was out. They are an excellent group to work with. ➢ Level 1 & 2 Soil investigations at the Public Works Facility on 611 Ave: R&M did a site assessment visit on July 29. Geotechnical drilling is scheduled for August 4 to collect soil samples and proceed with lab work. R&M will still try to complete the investigation by early September. ➢ Review with Engineer for the Wastewater and Lagoon overview study: The engineer has asked for more information on the lagoon. We are compiling the monthly DMR reports they have requested and will provide that information by August 6. That information will help them determine lagoon capacity and treatment recommendations for the study. ➢ FLAP Grant: FHWA — Western Lands Highway Division The geologists plan to make another site visit in September and then draft a memo with more information. The final full report is expected to be completed by the end of the year. The good news is that so far, they expect to be under budget and may be able to start some construction with remaining funds. Streets: ➢ Brushing/vegetation management: Mowing and brushing in the ditches and along the road edges is moving forward for a safer wider view for drivers. ➢ Potholes: Pavement patching efforts have made many repairs. We will continue to always grade gravel roads as soon as possible after rain events. Water/Wastewater: ➢ Operators: Workload is high for WW operators. We hope to fill the open position in the very near future to get back to full staff. ➢ Training: Operators continue with their training to keep and increase their certifications with DEC. ➢ Locates: There are still a high number of locates are being done weekly for construction projects. We expect that to continue into the fall as people try to get projects done before the weather gets bad. Shop: • Preventative Maintenance. The shop continues to do the maintenance and repair work daily. 17 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com August 3, 2021 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during July. Electric Utility We drafted a letter to AVTECH memorialzing resolution of an agreement for correction of billing errors. Personnel We finalized an agreement resolving an employee grievance and advised on the process for presenting the City-SPEA collective bargaining agreement to the city council. Planning We prepared draft revisions to the developer reimbursement ordinance. We assisted in obtaining compliance with fire inspection requirements. We prepared a "cease and desist" letter following expiration of a conditional use permit. General Matters We continued work on the recodification project. This included revising current outdated code provisions related to military leave. We drafted a grant agreement with a private non-profit group for establishment of a child care facility. We helped negotiate final provisions of contract 18 Seward City Council August 3, 2021 Page 2 documents for the animal control shelter project. We advised on a records request. We advised on the potential impact of solicitation of private donations for city improvement projects on the existing budget ordinance. We reviewed purchaser suggested changes to a real estate purchase and sale agreement. We advised on the potential transfer of FCC licenses to Kenai Mountains Public Media. Port We advised on the process for removing and selling a vessel that failed to provide a required bond. We advised on potential changes to existing lease agreements with UAF and with Chugach Regional Resources Commission. Legal expenses for services in June totaled $15,563. You can expect to receive our next status report by September 8. Very truly yours, CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Brooks W. Chandler 19 Sponsored by: Planning and Zoning Commission Introduction Date: July 26, 2021 Public Hearing Date: August 9, 2021 Enactment Date: August 9, 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.10.140 DEFINITIONS; 15.10.226 LAND USES ALLOWED, TO CHANGE, UPDATE, AND ACCOMMODATE THE WISHES OF THE PUBLIC TO PROMOTE LIFE SAFETY AND MAINTAIN A CITY CODE THAT REFLECTS THE COMMUNITY'S NEEDS WHEREAS, the Planning and Zoning Commission has held numerous public work sessions on Title 15 updates; and WHEREAS, since 2018, the Planning and Zoning Commission has been working on Dwelling, Housing and Lodging definitions; and WHEREAS, the May 19, 2020 public work session specifically addressed the Dwelling, Housing and Lodging definitions; and WHEREAS, the May 19, 2020, October 20, 2020, December 15, 2020, January 19, 2021 and May 4, 2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public to promote economic growth; and WHEREAS, it is in the public's interest to maintain a city code that reflects community needs; and WHEREAS, it is in the public's interest to maintain a city code that reflects the international building and fire codes; and WHEREAS, at its July 6, 2021 meeting, the Planning and Zoning Commission approved Resolution 2021-012 recommending City Council approval of the proposed City Code amendments contained herein. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 15.10 Planning and Land Use Regulations, Seward Zoning Code is hereby amended to read as follows: 20 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 ctf4 t =deletions and are bold Underline = additions and are bold italics): 15.10.140 - Definitions. (a) General interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." (b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: (1) Accessory'btt: ,Itructure. A structure that is accessory to and incidental to that of the dwellin-(s) and that is located on the same lot. A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory Ong structure shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory ingstructure means any structure regardless of type of foundation or base support, including skid -mounted or other moveable structures. (Aeeessory or mother in law apartment. See Dwelling, Effieieney apartment) (2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. (3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. (4) Alley.A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. (5) Alteration. Any change, addition or modification in the construction, location or use of a building. (6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, Q CITY OF SEWARD, ALASKA ORDINANCE 2021-006 dance hall, pinball machines, video games or other similar player -operated amusement devices. (7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. (8) Apartment. Any portion of a buildinz which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily livinz and doinz their own cookinz independently of any other individual or family in the same buildinz Buildinz/ Fire code classification is Residential Group R-2 also known as a Multistory unit). a. Commercial buildinz apartment. An apartment located within a buildinz desi,-ned to accommodate a mix of residential and commercial uses. b. Efficiency apartment (also called accessory apartment). A sin, -le separate dwellinz unit consistinz of not more than one habitable room which includes combined kitchen, dininz and sleepinz areas with accompanying sanitary facilities, and which is located within or shares a common wall with a sin -le -family dwelling. c. Owner or manazer apartment. An apartment within a buildinz that is designed to be used exclusively as the livin,- quarters for the owner or mans,-er's family of that buildinz or a commercial business located in the buildinz. d. Studio apartment. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. (Bed and breakfast. -See Lodgiftg Hosted Lodging Unit). Boarding house An owner -occupied buildin,- which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient zuests for residential occupancy and in which no cookinz or dining facilities are provided in the individual rooms. Meals may be re-ularly prepared and served for compensation at a table, family -style, without service or orderinz of individual portions from a menu. The term includes lodzinz house or roomin,- house but does not include separate apartments with individual kitchen and bath facilities fSee Lodging) ( Bunkhouse. See Housing) (Commercial building apartment. See Apartment Wig) (Condominium. See Dwelling) (Convalescent or nursing home. See Housing Unit) (Dormitory. See Housing Unit (Duplex. See Dwelling) (31) Dwelling n btti , ing designed or-tised o elusively as living aFte, for- o or- fner-e means any buildinz or portion thereof desi'-ned or arranzed to provide year - around livinz for residential occupancy by not more than one family and includes facilities for sleepinz, cookinz and sanitation. (Buildinz/ Fire code classification is Residential Group R-2) 0% CITY OF SEWARD, ALASKA ORDINANCE 2021-006 cccr,- leas ccr, let or- hired out to be oeenpied or- whieh is oeenpied as the home or- r-esideHee o other- iHdividual or- family iH the same buildifig.- family dwellifig. to be used exelusively as the fivifig quar-ter-s for- the owfier- or- mafiager- family of e. Ayar-t., eHt studio. rsnal .t.eHt less thaH can s feet with f„n_ €. a. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. b. Duplex. A buildin- containin,- two sin -le -family dwellin- units totally separated from each other by an unpierced wall extendin- from -round to roof or unpierced ceilin,- and floor extendin- from exterior wall to exterior wall, except for a common stairwell exterior to both dwellin- units. g c. Guest house. An accessory structure occupied on a temporary basis solely by nonpaying guests. #. dl Mobile home. A factory -built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. i. e Modular home. A factory -built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory -built and manufactured home. Multiple -family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. (Single-family, attached. see townhouse ) dwelling units, eneh of whieh ha - . . I - -ound floor- neeess to the outside and whieh are attaehed to eaeh other- by party walls without opeftifigs. Also 23 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 g Single-family, 'd7_A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. totally separated firom eneh other- by aH tmpier-eed wall exteHdiHg firom gr-otmd wall, exeept for- a eommoH stair -well exterior- to both dweffiHg tmits. i}. h Unit, dwelling unit. , A sin, -le unit providinz complete, independent livin,- facilities for one or more persons, includin,- permanent provisions for livin,-, sleepin,-, eating, cookie,-, and sanitation. e. i Watchman or caretaker dwelling.An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (32) Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. ( Group care home. See Housing unit) ( Guest house. See Dwelling) Guest Room. A room used or intended to be used by one or more guests for living or sleepin,- purposes. ( Halfway house. See Housing Unit) Hostel. A buildin,-, or portion thereof, in which temporary or overni'-ht lod,-in,- is Provided for hikers, cyclists or other travelers not -enerally travelin'- by car. (See Lodging) Hosted lod,-in,- unit. An owner occupied sin -le -family residential dwellin- where the owner resides at the dwellin,- unit while it is bein,- rented A room or -roup of rooms in which sleepin,- accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. A hosted lod,-in,- is limited to a home occupation within an owner -occupied dwellin'- which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. ( Hotel. A facility with sir or more guest rooms and on -premises manazement offerinz transient lod,-in,- accommodations to the-eneral public on a daily rate where access to all sleepin,- rooms is throe,-h a main entrance and which may provide food, entertainment, meetin,- rooms, recreational facilities or various 24 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 personal services. Includes lodges and inns. (Buildinz/Fire code classification is Residential Group R-1) (44) Housing Unit. , employees or nursing home reside . A dormitory or a group of cells with a common dayroom. (Building -/Fire code classification is Institutional Group I-3) a. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared and in which there are no individual cooking facilities. b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. C. Dormitor.A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long- term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex -convicts or other housing facilities serving as an alternative to incarceration. e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. f. Substance abuse treatment facility. A facility for the purposes of temporary or Ion, --term inpatient treatment of victims of alcohol or druz use or addiction. Institutional Group I-L Institutional Group I-1 occupancv shall include buildings structures or portions thereof for more than 16 persons, excludinz staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildinzs of Group 1-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2. (Buildinz/Fire code classification definition) Institutional Group I-2. Institutional Group I-2 occupancy shall include buildin,-s and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. (Buildinz/Fire code classification definition) Institutional Group I-3. Institutional Group I-3 occupancy shall include buildin,-s and structures that are inhabited by more than five persons who are under restraint or security. A Group I-3 facility is occupied by persons who are zenerally incapable of M CITY OF SEWARD, ALASKA ORDINANCE 2021-006 self-preservation due to security measures not under the occupants' control. (Buildin,-/ Fire code classification definition) (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use may include the providing of meals to overnight guests only. This use includes bed and breakfast, boarding house, hosted lodging unit and whole house rental on a nightly basis. Also known as Short Term Rental (,VTR) Building/Fire code classification is Residential Group R-1) t. -Bed and br-eakfast An owner- oeenpied and operated single family residential dwelfiHg wher-e lodgiHg with a meal is provided for- eompeHsatioH oH a short te basis a -The term does not inelude boar-dinghouses and separate flpfir-tments Whi five rooms availablee for- r-eHt or- lease oH other- thaH a day to day basis alld He4 open to transient guests for- residential oeenpaney and in whieh no eooking or - prepared and served for- eompensation at a table, family style, without ser-viee house o . - house but does not inelude separate apartments with • Hostel. A building, > food, in whieh temporary or- over -night lod-i is provided For- hiker-s, eyelists or- other- travelers Hot geHer-ally tr-avefiHg by ear-. d. Hotel. A fneility with six or- more guest rooms and managem provide > meetiHg rooms, personal ser-viees. ineludes lodges and inns. • Motel. A buildiHg, > neeommodations> > lodges, to the motor-ing publie on a daily rate. > ( Mobile home. See Dwelling) ( Modular home. See Dwelling) Motel. A building, or -roup of detached or connected buildin,-s, havin'-sir or more -uest rooms, an on -premises mans,-er and parkin,- conveniently located on the 41 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 premises, which are desi,-ned primarily to offer sleepin,- accommodations, with or without meals, to the motorin- public on a daily rate. Includes desi,-nations such as motor lod,-es, auto courts, tourist courts and similar terms. (See Lodging) ( Multiple-family.See Dwelling) MULTISTORY UNIT. A dwellinz unit or sleepin,- unit with habitable space located on more than one story. (65) Owner. , trust or afty other legal entity having suffleient proprietary interest ift the land-, ifteluding the attorney or- agent . Any person, anent, operator, entity, firm or corporation havinz any lezal or equitable interest in the property; or recorded in the official records of the state, borou,-h or municipality as holding an interest or title to the property; or otherwise havinz possession or control of the property, includinz the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Residential Group R. Residential Group R includes, amon'- others, the use of a buildinz or structure, or a portion thereof, for sleepin,- purposes when not classified as an Institutional Group I or when not re-ulated by the International Residential Code. (Buildinz/Fire code classification definition) Residential Group R-1. Residential Group R-1 occupancies containin- sleepin,- units where the occupants are primarily transient in nature. (Buildin-/ Fire code classification definition) Residential Group R-2. Residential Group R-2 occupancies containin- sleepin,- units or more than two dwellinz units where the occupants are primarily permanent in nature. (Buildinz/Fire code classification definition) Residential Group R-3. Residential Group R-3 occupancies where the occupants are Primarily permanent in nature and not classified as Group R-1, R-2, R-4 or L (Buildinz/Fire code classification definition) Short -Term Rental (STR) describes furnished self-contained homes that are rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. They are seen as an alternative to hotels also called vacation rentals. This use includes bed and breakfast, boarding house, hosted lodzinz unit, motel, hotel, hostel or whole house ni,-htly. ( Single-family, attached. See Dwelling) SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eatin-, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwellinz unit are not sleeping units. 27 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 (Substance Abuse Treatment Facility See Housing Unit) (Two family or duplex. See Dwelling) Townhouse A buildinz containinz two or more dwellinz units, each of which has Primary ground floor access to the outside and which are attached to each other by Party walls without openin,-s. Also, commonly called sin, -le family attached, row house and zero -lot line. (SCC 15.10.235). TRANSIENT. Occupancy of a dwellinz unit or sleepinz unit for not more than 30 days. ( Watchman or caretaker dwelling. See Dwelling) Whole House Ni,-htly. Non -Hosted lodzinz unit for which the owner (or authorized a,-ent) is not required to reside at the residence unit. Describes a furnished self- contained dwellinz that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housinz rental market. They are seen as an alternative to hotels. Primarily used for accommodations or lodzinz of guests payinz a fee or other compensation for a period of less than 30 consecutive days; 15.10.226 - Land uses allowed. (a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter (See Table 15.10.226) (b) Lodging/ Short Term Rental (STR) as defined in section 15.10.140B. is allowed in accordance with table 15.10.226 of this chapter and subject to the following conditions: Definitions "Hosted lod-in- unit" An owner occupied sin -le -family residential dwelling where the owner resides at the dwellinz unit while it is beinz rented. A room or zroup of rooms in which sleepinz accommodations are furnished for compensation or other services may be furnished by the owner or operator to any individual not a family member. A hosted lodzin is limited to a home occupation within an owner -occupied dwellinz which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. "Insurance Company"- means any insurance anent and/or company throw,-h which a Licensee has obtained an insurance policy to protect the property beinz used as a Short -Term Rental. "Licensee" - means any natural person holdinz a Short -Term Rental license issued by the Community Development Department. "Licenses" dependinz on the location, certain documents are required before you can le -ally rent out space within your home to travelers. "Listin,-" the profile of a property on a listin- site or Online Travel A,-ency and-enerally includes a title, description, photos and pricing. 28 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 "Listin- site": also known as "Online Travel A,-ency (OTA)': Third -party azents that list accommodations and advertise them throu,-h their own network. VRBO and Airbnb are examples of vacation rental listinz sites. "Short -Term Rental (STR) " describes f urnished self-contained homes that are rented for short Periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housinz rental market. "Short -Term Rental Transaction" - means a transaction whereby a Licensee accepts payment or any other remuneration from another person for lodzinz accommodations for a period of less than thirty (30) consecutive days. "Whole House Nikhtly. Non -Hosted dwellinz for which the owner (or authorized anent) is not required to reside at the residence unit. Describes a furnished self-contained dwellinz that is rented for short periods of time, usually by the day as opposed to annual rentals in the unfurnished apartment/housing rental market. Primarily used for accommodations or lodzinz ofzuests payinz a fee or other compensation for a period of less than 30 consecutive days. Allowed in R3, UR, OR, AC and CB Districts (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. (3) No eooking or eooking faeilities are permitted in individual guest bedrooms. (4) LL_Within single and two-family residential districts, lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. Hosted Lodzinz unit is allowed in RI, R2, RR, R3 and UR Zoninz Districts a. residence must be the principal residence of the property owner. A property owner must live on -site throughout the visitor's stay. A room or group of rooms in which sleepinz accommodations are furnished for compensation may be furnished by the owner or operator to any individual not a family member. b. An owner or operator of a hosted lodzinz unit shall not rent more than five bedrooms. c. No cooking or cooking facilities are permitted in individual guest bedrooms. (5) in ali other residential distriets, lodging within Single famity resideftees and duplexes is limited to a home oeetipation within the business owner's pr-ineipal pla of residenee and to the rental of not more than 50 pereent of the bedrooms t (6) L�_Within OR, AC, HC & CB eommereial districts, lodging is limited to the rental of not more than rive guest bedrooms regardless of building or business ownership. 29 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 (7)Multifamily dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) (7)The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (91 fL Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. 1. A short-term rental may only be offered in a space intended for human habitation. For example, a property owner may not rent a space in an accessory structure that is a storage shed or zaraze. 2. Short-term rental facilities in or adiacent to residential districts shall not infrinze upon the ri,-ht ofneig-hboring residents to reasonable peaceful occupancy of their homes. 3. Short-term rental operators shall obtain a city business license and separate annual permits provided by the City per physical address. 4. Any advertisement of the short-term rental must contain the business license and short-term rental permit number issued by the City. 5. Short-term rental facilities shall meet all applicable health, fire safety, and buildinz codes. New, converted, or annexed short-term rental facilities shall be inspected by the City of Seward prior to operations. 6. All short-term rentals shall receive an annual permit from January 1st to December 31st, under limited administrative review, documentinz conformance with City Code and agreement to conform to all permits and licenses. The International Fire, Residential, and Buildinz Codes shall be applied at the time of Permit for use. 7. The number ofavailable bedrooms shall be determined by the licensee and verified by fire marshal as part of the annual fire safety inspection. 8. A city business license is required per Chapter 8.30, 9. All bed tax (Chapter 5.45), sales (Chapter 5.35), provisions apply. 10. $150 fee due at the time of new short-term rental application, which does not include the fee of the City of Seward Business license. a. Renewals will be accepted every December (re-ardless of the orizinal date of application) for a fee of $100. i. If you wish to discontinue the operation of your short-term rental, you will not need to take any action as the license will automatically close when a renewal fee isn't paid. If after short-term rental (STR) is discontinued applicant wishes to renew the applicant will be required to file a new short-term application. 11. Short -Term Rental Insurance Requirements a. A licensee shall inform his or her Insurance Company that the property covered by the Insurance Company will be used as a Short -Term Rental before 0 CITY OF SEWARD, ALASKA ORDINANCE 2021-006 any Short -Term Rental Transaction is processed, reg-ardless of whether the Licensee obtains liability insurance for the Short -Term Rental throu'-h that Insurance Company. The Licensee shall verify compliance with this notification requirement by executin,- and submittin'- a form affidavit Provided by the Department durin,- the application process. b. A licensee shall maintain liability insurance to cover use of the Short -Term Rental in an amount determined appropriate by the Insurance Company insurinz such Short- Term Rental, but in any case, no amount of less than one million dollars ($1,000,000) in the azwezate. Such coveraze shall be maintained in full force and effect for the term of the license. Alternatively, a Licensee may elect to conduct each Short -Term Rental Transaction throuzh a Hostinz Platform that provides equal or-reater insurance coveraze for each Short -Term Rental Use, provided that the Licensee abides by the notification requirements. c. A licensee shall maintain an insurance policy as described in section 11 a & b. Failure to maintain an insurance policy as described in section 11 a & b shall be cause for automatic suspension of the Short -Term Rental license until the coverage is reinstated. 12. Violation of the conditions of a permit may result in revocation of the short-term rental permit, in the discretion of the City and may result in a fine, up to $1000 in accordance with $ 1.05.010. a. Re-establishment shall be allowed administratively upon proof of compliance and remittance of the monetary penalty, and any other fees necessary for permit issuance. 13. Within the annual permits provided by the city, the property owner shall report to the city the followinz minimum information: 1. The address of the Short -Term Rental, and the contact name(s) of the property owner. 2. The total number of ni,-hts that the Short -Term Rental was occupied for transient accommodation or lod,-in,- with bed tax application. 3. The property owner shall both have le' -al responsibility for the collection of all applicable taxes and remittance of the collected tax. a. The property owner must conspicuously post and maintain the followin'- information inside the Short -Term Rental A copy of the property owner's business license and short-term rental permit. b. The Short -Term rental's maximum occupancy. c. Location of assi,-ned off-street parkin, if applicable. d. Documentation of annual fire safety inspection si,-ned by the Seward Fire Department. e. Twenty-four (24) hour contact information for the property owner or local representative. a CITY OF SEWARD, ALASKA ORDINANCE 2021-006 f. A copy of the official Emer,-envy Mana,-ement tsunami evacuation route map. 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 9th day of August, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Kea City Council Agenda Statement Meeting Date: July 26, 2021 To: City Council Through: Janette Bower, City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: Amending portions of Seward City Code I 5.10.140 Definitions; 15.10.226 Land Uses Allowed to change, update and accommodate the wishes of the public to promote life safety and maintain a city code that reflects the community's needs. Background and justification: At the request of the public, Planning and Zoning Commission, and City Council, city staff has completed a review of portions of the City Code. Since 2018 the Planning and Zoning Commission has been working on Dwelling, Housing and Lodging definitions The Planning and Zoning Commission held public work sessions on 08/20/2019, 05/19.'2020, 10/20/2020, 12/15/2020, I/19/2021 and the 5/4/2021 public work sessions specifically addressed 15.10.140 and 15.10.226 Definitions and Land Uses Allowed. Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth along with health and safety. it is in the public interest to maintain a city code that reflects community needs and the public interest to maintain a city code that reflects the international building and fire codes. At its July 6, 202I meeting, the Planning and Zoning Commission approved resolution 2021-012 recommending City Council approval the proposed City Code amendments. Intent: Amending portions of Seward City Code 15.10.140 Definitions; 15.10.226 Land Uses Allowed Maintain and update a city code that reflects the needs of the community. Continue the ability to have the city code work in line with the International Building and Fire code. Consistent checklist: Yes No NIA Comprehensive Plan: 1.3.1 Consolidated, review and updated all definition in title 15 of the city code. 3.2.1.1 Ensure uniform and 1. consistent enforcement of the zoning code, building code,..... 3.3.1.1 X support a range of housing choices that meet the needs of people in various income and age groups. Strategic Plan : Ensure uniform and consistent enforcement of the 2 Zoning Code. Make every effort to involve the entire community in X decision making processes 3. 1 Other: X Fiscal note: 33 Funding is from: No financial Finance Department approval: Attorney Review: Yes x7 No FINot applicable Recommendation City Council approve Ordinance 2021-006, Amending portions of Seward City Code 15.10.140 Definitions; 15.10.226 Land Uses Allowed to change, update and accommodate the wishes of the public to promote life safety and maintain a city code that reflects the community's needs. 34 Sponsored by: City Clerk CITY OF SEWARD, ALASKA RESOLUTION 2021-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH OPENGOV, INC. FOR AN ONLINE BUSINESS LICENSE PORTAL IN THE AMOUNT OF $17,000, AND APPROPRIATING FUNDS WHEREAS, the Seward City Council set a goal for the city clerk to "pursue options for getting the business license process on an electronic application and management system"; and WHEREAS, providing an online solution for customers to apply for a business license at their own convenience, including accepting payment online, will allow business owners a convenient option for handling their affairs; and WHEREAS, Resolution 2020-067 was previously approved by council and authorized a contract with Dude Solutions to create a multi -department solution for business licensing, permitting, and inspections; and WHEREAS, after months of delays by the vendor, it became clear that they would not be able to fulfill their obligations in a timely manner. The city clerk brought forward the concern to council, and on May 24, 2021, council directed the city clerk to find a new vendor and seek full reimbursement from Dude Solutions (reimbursement was accomplished); and WHEREAS, OpenGov provided several demonstrations, and a new solution for providing an online business license portal was created; the portal will be focused solely on business licenses to start, but can be scaled in the future to include more components like permitting and inspections; and WHEREAS, the annual cost for the portal will be $11,450, and OpenGov is willing to maintain a static fee for five years; and WHEREAS, the initial design and set up fee will be $5,550 and is a one-time fee; and WHEREAS, the project will take approximately two months to complete, and is expected to launch in the fourth quarter of 2021; and WHEREAS, per SCC 6.10.020 (d), the vendor is currently underway obtaining their City business license and will be required to maintain the business license for the life of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: W CITY OF SEWARD, ALASKA RESOLUTION 2021-079 Section 1. The City Manager is hereby authorized to enter into a contract with OpenGov, Inc. for an online business license portal as attached herein. Section 2. The City Clerk's budget is hereby amended, and funds are hereby appropriated, as follows: $17,000 in the 2021 budget shall be appropriated from General Fund reserves account no. 01000-0000-3400 to Contracted Services account no. 01000-1113-7009. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of July, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Kit Agen 1 • Statement �J t145Kp Meeting Date: July 26, 2021 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Contract with OpenGov, Inc. for an Online Business License Portal BACKGROUND & JUSTIFICATION: The city previously contracted with Dude Solutions via Resolution 2020-067 to provide an online business license, permitting, and inspection portal. Dude Solutions experienced months and months of delays, and ultimately told the city they would not be able to complete the project in keeping with the timeline agreed upon in the contract. On May 24, 2021, council allowed the city clerk to abandon the effort with Dude Solutions, seek full reimbursement for monies spent, and pursue a new vendor. The reimbursement has been completed. The target date for launching an online portal did not change; the goal is to launch in 2021. With the "new" (read "shortened") timeline available to get the project completed, the scope of the project was scaled back to the original direction provided by council• pursue options for getting the business license process on an electronic application and management system. OpenGov and Accela were two vendors that were contacted. Both vendors can provide solutions, but Accela was over $10,00 more expensive, would require the city's Information Technology (IT) department to provide much of the programming work, and would take approximately two months to complete. OpenGov offered a reasonable solution that was "off the shelf," was much more feasible, and has a one month timeframe for completion. While we are starting with a basic portal to provide online business license options for local businesses, OpenGov has much more to offer, so in the future the program can be expanded to include permitting, inspections, and much more. INTENT: Deliver an online business license solution. 37 CONSISTENCY CHECKLIST: 1. Comprehensive Plan (document source here): Yes No N/A 2. Strategic Plan (document source here): 3. Other (list): FISCAL NOTE: The initial cost for start-up through implementation is $17,000, which consists of $11,450.00 in annual software fees and professional service costs plus a one-time fee of $5,550.00 for product configuration, setup, and system training for 2021. The cost of renewal will be $11,450.00 in 2022, and for the three subsequent years, which includes the annual software fees and professional service costs. The costs will be 100% realized by the City Clerk Department. Approved by Finance De artme ��41e_ ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2021-079 and contract with OpenGov, Inc. for an online business license portal. CLERK'S NOTE: It's worth noting that establishing a new online business license program will require public education, so I will be developing materials and communications to inform and educate the public about the new system. I anticipate that 100% of business owners will be required to establish a new account (online) and complete a fresh business license application in the new system, regardless of their history or length of time holding a Seward business license. I will have a computer in the city clerk's office dedicated for business owners to use. The new portal will be focused on business license applications only. and depending on the type of business, additional documentation may be necessary to be completed in paper form. The city clerk's office will do everything possible to streamline the process and assist customers throughout. The city clerk's office staff will be available to assist every business owner who needs help. 38 E)OPENGOV Statement of Work City of Seward, AK Created by: Adam J. Weems Creation Date: 06/29/2021 Document Number: DD-01879 (CIT) Version Number:1 `,`a. Overview This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or "we") will perform for City of Seward, AK ("Customer" or "you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Software Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). For clarity, Customer's use of the Professional Services are governed by the Agreement and not this SOW. Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. Project Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, OpenGov will work with Customer to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 1 K11 Q OPENGOV 3. General Project Assumptions In order to ensure we are able to meet the project timeline and ensure Customer is successful, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW. • Professional Services under this SOW will be billed upfront as a block of 30 hours. The hours are based on OpenGov's best estimate. These hours should be adequate to achieve the deliverables, however if they are not, the Customer will need to purchase additional hours. The hours must be utilized within twelve (12) months from execution of the Order Form. Any unused hours after such expiration shall be forfeited with no credit or fees due to Customer. • This SOW is limited to the professional services as defined in the Project Scope. Any additional services or support not defined in Section 4 Project Scope will be considered out of scope and managed in accordance with Section 6 of this SOW. • Customer will commit and provide access to all necessary stakeholders and subject matter experts necessary to complete the Project Scope as defined in Section 4 defined in this SOW. • Customer is responsible for internal change management associated with the purchase of new software. • Response Protocol o OpenGov and Customer commit to responding to inquiries, updates, or any other project -related matters in no less than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a) the delay may impact the project schedule; and b) any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment. o The Professional Services will be provided during regular business hours (8am to 6pm Pacific Time) Monday through Friday (holidays excluded). • Professional Services Offer Expiration: o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by OpenGov and Customer. • All services will be provided remotely. 4. Project Scope OEM OpenGov Clerk - Business Licensing Record Type Record Type Build System During the CIT System Configuration, OpenGov will provide System Training Training designed for system administrators, which will include: 2 ero] Q OPENGOV • How to create and customize the public portal in CIT • How to create and customize CIT record types (forms, document templates, fee schedules, workflows) • How to set up inspections in CIT • How to create datasets in CIT • The basic functions of any integrations or other customizations included in the SOW • How to export a dataset from the app Record Type OpenGov will configure up to 1 standard record type drafts of Configuration Customer's record types in the CIT system. (OpenGov- Standard) Along with Customer input OpenGov will be responsible for building: • Customer Application Forms • Customer Workflow • Output Documents • Adding in Customer Fees OpenGov will hold working sessions* between the OpenGov and Customer for the purpose of validating, reviewing, and iterating upon draft record types configuration. *Working All working sessions will focus on: Session • Forms • Workflows • Fee structures • Attachment requirements • Permit/license/letter templates • Useraccess • Renewal processes • Inspection checklists • Public portal ESRI ArcGIS OpenGov will integrate the CIT suite with the Customer's ArcGIS Server. Server Customer is responsible for providing a publicly -accessible secure ESRI Integration REST API URL. Note: WFS link will not suffice S. Acceptance 5.1. Acceptance Process All Deliverables require acceptance from the Customer following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable mutually agreed 3 to Q OPENGOV upon acceptance criteria agreed upon by the parties for such Deliverable. Upon completion of these phases, the OpenGov shall notify the Customer and provide the necessary documents for review and sign off. The following process will be used for accepting or acknowledging Deliverables and Project Closure: • OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria. • Customer must accept all Deliverables that meet the applicable acceptance criteria. OpenGov will provide the Customer with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete. • Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable(s) does not meet Customer's requirements. Failure to communicate that the particular Deliverable(s) does not meet Customer's requirements will be deemed as acceptance and any further work provided to remedy Customer's complaint might incur additional cost. • Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to revise the non -conforming Deliverable(s) to meet the acceptance criteri and re -submit it to Customer for further review and testing. • If the acceptance form is not received in accordance with SLA as defined in Section 3 General Project Assumptions, the project phase and/or project will be considered accepted and automatically closed. 5.2. Acceptance Requirements • All acceptance milestones and associated review periods will be tracked on the project plan. • The Customer will have decision authority to approve/reject all project Deliverables, Phase Acceptance and Project Acceptance. • Any open issues shall receive response in accordance with Section 3 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. E,N Q OPENGOV 6® Change Management This SOW and related effort is based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order -Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Signed by OpenGov and Customer Executives approving funds. Change documentation will be mutually agreed upon as defined in Section 3 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure. Example of changes that might arise during a deployment: • Amending the SOW to correct an error. • Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. • Change in type of OpenGov resources to support the SOW. For example Subject Matter Experts to address simplifying Chart of Account structure. 5 43 Q OPENGOV Created On: 7/15/2021 Order From Expiration: 7/31/2021 Subscription Start Date: 8/l/2021 Subscription End Date: 7/31/2026 Customer Information Customer: City of Seward, AK Bill To/Ship To: PO Box 167 Seward City, Alaska 99664 United States Order Details Billing Frequency: Annual Payment Terms: Net Thirty (30) Days SOFTWARE SERVICES: Product/ Service Citizen Services - 1 Service Area Esri ArcGIS OpenGov Inc. PO Box 41340 San Jose, CA 95160 United States Contact Name: Brenda Ballou Email: bballou@cityofseward.net Start Date End Date 8/l/2021 7/31/2026 PROFESSIONAL SERVICES: Product/ Service Description OpenGov Deployment— One Time Fee Product configuration, setup, and training described in the attached SOW. Billing Table: Billing Date Amount Due August 1, 2021 $17,000.00 (Annual Software Services Fee + Professional Services) August 1, 2022 $11,450.00 August 1, 2023 $11,450.00 August 1, 2024 $11,450.00 August 1, 2025 $11,450.00 Prepared By: Jason Carian Email: jcarian@opengov.com Contract Term: 60 Months Billing Contact: Brenda Ballou Email: bballou@cityofseward.net Annual Fee $11,450.00 Annual Subscription Total: $11,450.00 Professional Services Total: $5,550.00 Order Form Legal Terms Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 (OpenGov"), and you, the entity identified above (`Customer"), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement (" SSA") executed by the parties and attached, or if no such SSA is executed or attached, the SSA at https:Hopengov.com/tenns-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each parry's acceptance of this Agreement is conditional upon the other's acceptance of the terms in the Agreement to the exclusion of all other terms. City of Seward, AK OpenGov, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: 44 OPENGOV SOFTWARE SERVICES AGREEMENT This document is NEW OPENGOV SOFTWARE SERVICES AGREEMENT This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at PO Box 41340, San Jose, CA 95160 ("OpenGov") and the customer listed on the signature block below ("Customer"), as of the date of last signature below (the "Effective Date"). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services. DEFINITIONS "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data shall not include any confidential personally identifiable information. "Documentation" means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com. "Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. "Initial Term" means the initial license term specified in number of years on the Order Form, commencing on the Effective Date. "Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. "Order Form" means OpenGov's Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. "Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2. 2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer ("Software Services"). 2.2 Support. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. 2.3 Professional Services. (a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work ("SOW") agreed to by the parties (the "Professional Services"). For Professional Services performed on a time and materials basis, any pre -paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre -paid Professional Services Fees shall be forfeited. (b) Unless the SOW provides otherwise, all reasonable travel expenses, pre -approved by Customer and incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel accommodations, ground transportation and meals. 3. RESTRICTIONS AND RESPONSIBILITIES Rev. 2018.01_200701 NA 45 OPENGOV SOFTWARE SERVICES AGREEMENT 3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty -free license during the Term to use the Software Services. 4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty -free license to, and permit its partners to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. CONFIDENTIALITY 5.1 Each party (the "Receiving Party") agrees not to disclose any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2 "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation. Rev. 2018.01_200701 NA 46 OPENGOV SOFTWARE SERVICES AGREEMENT 5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information. 6. PAYMENT OF FEES 6.1 Fees; Invoicing; Payment; Expenses. (a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term ("Software Services Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as "Fees". (b) Inflation Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. (c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for pre -approved travel expenses incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 6.2 Credit Card Customers. If applicable, Customer will provide OpenGov with valid credit card information and promptly notify OpenGov of any changes necessary to charge the credit card at billing@opengov.com. Please update your credit card information when necessary. The provision of credit card information to OpenGov authorizes OpenGov to charge the credit card for all applicable Fees plus a 3% credit card processing fee. OpenGov processes credit card payments through a secure third party processing partner and does not take receipt of credit card information itself. 6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 7. TERM & TERMINATION 7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the "Initial Term"). 7.2 Renewal. Unless either party terminates this Agreement in writing no less than thirty (30) days before the end of the Initial Term, this Agreement shall renew for another period of the same duration as the Initial Term (the "Renewal Term" and together with the Initial Term, the "Term"). 7.3 Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non - breaching party may terminate this Agreement. Additionally, Customer may terminate this Agreement; (1) upon providing at least ninety (90) days notice prior to the annual anniversary date of the Agreement ("Anniversary Date") upon the occurrence of an Event of Nonappropriation as defined below. An "Event of Nonappropriation" Section 7.3 includes language for temrination, per council's request Rev. 2018.01_200701 NA 47 OPENGOV SOFTWARE SERVICES AGREEMENT occurs when prior to each Anniversary Date: a) Customer uses all efforts that are lawful and within Customer's official power, to secure the appropriate funds for the next year's Fees, including indicating the Software Services serve an essential purpose to Customer; and b) Customer has not acquired, used or issued a proposal for similar products or services during this period or has not hired any third party or allowed its own employees to use other services in place of the Software Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with direct access to Customer's applicable appropriations team or (2) by providing written notice to OpenGov at least (60) days in advance of the effective date of termination. In the event of termination, Customer shall be responsible for the full annual payment of any applicable Software Services Fee due (which are due annually in advance) and any payment made shall be non-refundable. In the event of termination, all Customer Data shall be deleted. 7.4 Effect of Termination. (a) In General. Upon termination or expiration of this Agreement: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. If Customer requests deletion of its Customer Data in writing prior to the date of termination or expiration of this Agreement, then OpenGov will permanently and irrevocably delete Customer Data, excluding any Insights, stored by its cloud hosting provider within ten (10) days of the date of termination or expiration of this Agreement. Such request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice described at Section 10. 7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER 8.1 By OpenGov. (a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer's exclusive remedy and OpenGov's entire liability will be the re -performance of the applicable services. If OpenGov is unable to re -perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies. (b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre- paid, unused portion of the Fee for such Software Services. 8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION Rev. 2018.01_200701 NA 48 OPENGOV SOFTWARE SERVICES AGREEMENT 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. 9. LIMITATION OF LIABILITY 9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party's unauthorized use, distribution, or disclosure of the other party's intellectual property. 9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines provided to OpenGov. 10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices required by the Agreement (in Sections where the word "notice" appears) the parties must communicate more formally in a writing given by personal delivery, by pre -paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3 Anti -corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer. 10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5 Force Maieure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full Rev. 2018.01_200701 NA 49 OPENGOV SOFTWARE SERVICES AGREEMENT force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. There are no third -party beneficiaries to this Agreement. 10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party's permitted assigns and successors. 10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. 10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Alaska without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in the State of Alaska, and the parties hereby submit to the personal jurisdiction and venue therein. 10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Customer OPENGov, INC. Signature: Name: Title Date Add ATTEST for City Clerk Signature: Name: Title: Date: Rev. 2018.01_200701 NA 50 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARMON CONSTRUCTION IN AN AMOUNT NOT -TO -EXCEED $282,500 FOR SIDEWALK REPAIR PROJECT — E FOR FIFTH AVENUE SIDEWALK REPAIRS, AND APPROPRIATING FUNDS WHEREAS, the project specified as "concrete sidewalks on Fifth Avenue in Seward, Alaska on the west side of the road from Washington Street to Adams Street" are the next listed project sidewalks to be addressed by the Public Works Department; and WHEREAS, the high volume of pedestrian traffic on these sidewalks creates a safety hazard to the residents and visitors in Seward; and WHEREAS, an injury occurring from any damaged area of sidewalks could present the City of Seward with liability; and WHEREAS, there are funds currently available from the road bond fund intended for paving and road improvements that could be used for these sidewalk repairs; and WHEREAS, the appropriation of these funds to sidewalk repair will reduce the hazards to pedestrians and visitors to Seward; and WHEREAS, an Invitation to Bid for construction was issued, and resulted in two bid submissions from qualified firms; and WHEREAS, on July 26, 2021, the submitted bids were publicly opened; both were deemed responsive, and were properly recorded; and WHEREAS, based on the lowest bid of $282,500, Harmon Construction was selected and sent a letter of intent to award, pending City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with Harmon Construction in the amount not to exceed $282,500 in substantial form as attached herein. Section 2. Funding in the amount of $282,500 is hereby approved from: 2017 Road Bond funds (80020-0000-3400 to 80020-0000-8 10 1) Section 3. This resolution shall take effect immediately upon adoption. A City Council Agenda Statement Meeting Date: July 26, 2021 To: City Council Through: Janette Bower, City Manager From: Doug Schoessler, Public Works Director Agenda Item: Sidewalk Repair Project -E for 51h Ave Sidewalk Repairs Background and justification: The condition of some of the sidewalks downtown warrants this project in order to mitigate and reduce slips, trips and fall hazards to pedestrians and ADA visitors, and to provide a safe smooth walkway. There are currently available funds in the Street bond fund for paving and road improvements. The Appropriation of a portion of these funds to sidewalk repairs will reduce the hazards to pedestrians. The construction proposal from Harmon Construction for a total of $282,500.00 was the lowest bid. The bid price includes installation of a new concrete sidewalks with curb and gutter on the project specified concrete sidewalks on 5`h Avenue west side, from Washington Street toward Adams Street (removing and replacing the old red brick inlay and cracked/sunken sidewalks). Intent: In order to complete the work expediently, the city manager is authorized to appropriate funds from the street bond fund for this sidewalk project and enter into an agreement with Harmon Construction not -to -exceed $282,500.00. Consistency checklist: Yes No N/A 1. Comprehensive Plan: 3.4.2 X 2. Strategic Plan: page 4 X 3. other: FX Fiscal note: Total estimated project cost is $282,500.00 for 2021. Work furnished and contracted will utilize City portion of the 2017 Road Bond funds of $502,749.09, leaving a remaining balance of $220,249.09 in the sidewalk fund for further improvements. Funding is from: 80020-0000-3400 to 80020-0000-8101 (infrastructure) Finance Department approval: �0 , - _ 6% Attorney Review: Yes No FINot applicable ❑ Recommendation City Council approve Resolution 2021-083. 53 4�1 CITY OF SEWARD, ALASKA Public Notice - Invitation for Bids City of Seward Sidewalk Project - E The City of Seward desires to receive bids from qualified contractors to install an exterior concrete sidewalk with curb and gutter on 5th Avenue in Seward, Alaska from Washington Street north to Adams Street (in front of Hotel Seward and The Cookery. Details in the Attachments section. The scope of work generally includes removing and replacing damaged exterior sidewalk (with red brick inlay), and installing approximately 600 feet of new concrete sidewalks with curb and gutter. On 5th Ave there are three "Hotel Owned" light poles with cement bases, two city light poles with vaults in the sidewalk, and -6 water curb stops in the gutter and walkway. All concrete must be finished with the concrete surface sealer as specified in the Technical Specifications attachment of the Bid Packet. An optional pre -bid meeting (and site visit) will be held at City of Seward City Hall, 410 Adams Street, Seward, Alaska, 99664 on Monday July 19th, 2021 at 1:30 pm. The bid documents will available on July 12th, 2021 Electronically only. The Electronic copies are available for no charge. To receive a copy of the bid documents and to be considered a Plan Holder; contact Kirsten Loertscher at 907-224-4058, or by email at kloertscher@cityofseward.net. The City will not be responsible for errors in bids due to the bidder's receipt of bid documents or addenda from other sources. All bids including any amendments or withdrawals must be received and time -stamped at the City Clerks Office, City of Seward - prior to 11:00am on July 26th, 2021. Electronic or faxed bids will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: CITY CLERK City of Seward Sidewalk Project - E P.O. BOX 167410 ADAMS STREET SEWARD, ALASKA 99664 The bids will be opened publicly in the City Council Chambers located at 410 Adams Street, Seward, AK 99664 beginning at 11:15am on July 26th, 2021. 54 PC j BIDiUBMISSIONS RECEIVED FOR d �' �`� 1 k THOSE IN ATTENDANCE TN) y Name and Address of Business Date Received Time Received Date Opened Time Opened Bid Amount (not required for RFP) '7174,121 11: k1 AMA Z ZW- 500— �3$� t . 8r✓A�i�c2gF� (�?j 7 '1�2co(21 1l•lfp IM 24i1, 5C0 *Note: Failed bids should be maintained in the City Clerk's Office for three years. 55 City of Seward, Alaska City of Seward Sidewalk Project - E COMPANY NAME: �Aa,ano n Cocwy oci oo a t oc . ADDRESS: P 0 kb Ox � 10`50 6 e- c-A . RK Q 9 (O (oq In compliance with your Invitation for Bid dated � J 1 tA a CG I , the Undersigned proposes to furnish and deliver all materials and do all the work and labor equired in the construction of the above referenced project, located at or near 5eu ckrcA , Alaska, according to the plans and specifications and for the amount and prices named herein as indicated on the Bid Schedule consisting of__I___sheets, which is made part of this Bid. The undersigned declares that he has carefully examined the contract requirements and that he has made a personal examination of the site of the work; that he understands that the quantities, were such are specified in the Bid Schedule or on the plans for this project, are approximate only and subject to increase or decrease, and that he is willing to perform increased or decreased quantities of work at unit prices bid under the conditions set forth in the Contract Documents. The Undersigned hereby agrees to execute the said contract as directed or such furthertime as may be allowed in writing by the Contracting Officer after receiving notification of the acceptance of this bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee shall be forfeited to the Owner as liquidated damages, and the said Contracting Officer may proceed to award the contract to others. The Undersigned aggress to commence the work within 7 calendar days, and to complete the work on or before the Final Completion Date listed in the Special Provisions, Time of Completion, unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the Bid Documents (give number and date of each). ADDENDA NUMBER DATE ISSUED # 4.. ,9u1 19 aoal ADDENDA NUMBER DATE ISSUED The Undersigned has read the foregoing bid and hereby agrees to the conditions stated therein by affixing his signature below: Bidding Company: CkJ-M0f) C-0 C L+MlC, Lo Signatur : Title: t7 �eS IC�R �- CONTRACTOR'S LICENSE NUMBER: C ONC-2 3 a-15 a EXPIRES: ` �/ 3 I a0 3La BUSINESS ADDRESS: PC) 2)1�X I ('0SO TELEPHONE: 9 -1 - as u- -7 r (45- CITY OF SEWARD, ALASKA BID SCHEDULE City of Seward Sidewalk Repair - E In accordance with the Contract Documents, Work furnished and constructed as described in the contract documents shall be paid by Lump Sum, in accordance with the General Conditions. Item No. Description Quantity pay Unit Amount Bid' US 1 Base Bid: City of Seward Sidewalk Project All Required Lump Sum $ 5 ©o ." -E BID - SUMMARY: TOTAL (BASE BID +ADDITIVE ALTERNATE A) AMOUNT IN FIGURES: $ �$a► t Joo1 00 TOTAL (BASE BID + ADDITIVE ALTERNATE A) AMOUNT IN WORDS: h u oLotcd 60\Ng s COMPANY NAME: Hoxmon CQj35t-ucon . L n C . Signatur . Date: 7-026 -'71' Title: 9 Ces t A £,1' ly- 57 SECTION 000500 - CONTRACT CITY OF SEWARD, ALASKA Sidewalk Proiect - E CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Company Name Company Address (Street or PO Box, City, State, Zip) alan Individual Partnership Joint Venture Sole Proprietorship Corporation ❑ ❑ ❑ ❑ ❑ incorporated under the laws of the State of its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document, The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed dollars ($ ) for all base items, additive alternates and additional work. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: or within calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover dollars ($ ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ Payment Bond, and $ City of Seward Sidewalk Project — E CONTRACT Section 000500 Page 1 58 SECTION 000500 - CONTRACT Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR pany Signature of Authorized Company Representative Typed Name and Title Date CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) City of Seward Sidewalk Project -- E CONTRACT Section 000500 Page 2 6T] Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A FRANCHISE FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE WITH ALASKA WASTE- KENAI PENINSULA, LLC, SUBJECT TO APPROVAL BY THE VOTERS OF SEWARD AT THE OCTOBER 5, 2021 REGULAR CITY ELECTION WHEREAS, the Seward City Charter ("Charter") and Code of Ordinances ("Code") provide for the sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the City and its service area, and permits, pursuant to such Charter and Code and voter approval, the use of a contractor to provide such services; and WHEREAS, the City of Seward ("City") currently contracts with Waste Connections of Alaska, Inc. dba Alaska Waste Kenai Peninsula LLC, for the collection and disposal of garbage and refuse, with said contract will expire on December 31, 2022; and WHEREAS, the City released a Request for Proposals (RFP) to seek a vendor to provide solid waste collection services; two responsive and responsible proposals were received, and based on the scoring of those proposals, the city manager recommends approval of a contract with Alaska Waste -Kenai Peninsula, LLC, subject to voter approval at an election to be held on October 5, 2021, and subject to successful negotiations between the City and the proposer; and WHEREAS, administration recommends entering into a seven-year contract with an option to extend for up to three additional years, subject to approval by the City Council; and WHEREAS, this franchise agreement provides for automatic annual adjustments in the Rate Schedule based on 140% of the CPIs, with such automatic increases not subject to further approval, and with all other changes to rates and conditions of service subject to City Council review and approval; and WHEREAS, the agreement provides for services such as a bulky -item curbside pickup service for appliances and furniture, and through a levelized rate schedule, encourages the use of bear -resistant containers and bear -resistant dumpster lids to reduce bear/human/garbage encounters, and includes a franchise fee to be paid to the City equal to 3% of the gross revenues collected by the contractor; and WHEREAS, approval of a seven-year franchise, with an option to extend for an additional term of up to three years, provides sufficient incentive for the contractor to make improvements to the local fleet of available equipment, trucks, and container inventories, and to address issues such as the availability of bear -resistant garbage cans and bear -resistant dumpster lids, and to consider 1 Consumer Price Index (CPI) means the consumer price index (CPI -U), all items, 1982 - 1984 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as published by the U.S. Department of Labor, Bureau of Labor Statistics (initial release). The 2023 Rate Schedule will be adjusted utilizing the CPI data from the calendar year 2021. 60 CITY OF SEWARD, ALASKA RESOLUTION 2021-084 future options for the community to encourage and facilitate recycling efforts; and WHEREAS, granting of a franchise for a public utility requires the affirmative vote of a majority of electors voting on a proposition to approve such a franchise; and WHEREAS, the Seward City Council finds that it is in the public interest to provide for quality local garbage and refuse collection and disposal services, and therefore, opts to place this proposition before the voters of Seward at the regular election of October 5, 2021, per Charter 13.6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the franchise agreement between the City of Seward and Alaska Waste -Kenai Peninsula, LLC, for the collection and disposal of garbage and refuse, a copy of which is attached hereto and incorporated herein by reference, subject to voter approval, in accordance with Section 4 below. Section 2. The city manager is hereby authorized to finalize and execute such additional documents, as necessary, to finalize the franchise agreement and to agree to revisions to the documents so long as the essential terms and conditions of the franchise agreement are not substantially changed. Section 3. The city manager is hereby authorized to include collection of a franchise fee in the amount of 3% of gross revenues collected from the franchisee, and that amount is considered adequate compensation for the maintenance and use of City streets and alleys in the conduct of this contract. The City Council will also retain rate approval as provided in the City Charter and Code. Section 4. At the regular municipal election to be held on October 5, 2021, the City shall submit to the qualified voters of the City the question of approval of the franchise agreement noted above. An affirmative vote of a majority of the qualified electors voting on the proposition shall be required for approval of the franchise agreement. Section 5. The proposition shall be substantially in the following form: Proposition No. 1 Franchise Agreement for the Collection and Disposal of Garbage and Refuse Do you approve a seven-year franchise agreement with Alaska Waste -Kenai Peninsula, LLC for the collection and disposal of garbage and refuse? The franchise agreement contains an option to extend for up to an additional three years. The franchise agreement allows for costs to be adjusted annually based on 140% of the Consumer Price Index. The franchise agreement provides an 61 CITY OF SEWARD, ALASKA RESOLUTION 2021-084 opportunity for periodic rate reviews with all other consumer rates to be set by resolution of the City Council. Yes No A "Yes" vote approves a seven-year franchise agreement with Alaska Waste -Kenai Peninsula, LLC for the collection and disposal of garbage and refuse, with the option to extend the agreement for up to three additional years. A "No" vote does not approve a seven-year franchise agreement with Alaska Waste -Kenai Peninsula, LLC for the collection and disposal of garbage and refuse, with the option to extend the agreement for up to three additional years. Section 6. The franchise agreement shall not be effective until it has been approved by a majority of the electors voting on a proposition to approve the same. If approved, the franchise agreement shall go into effect January 1, 2023, or as soon thereafter as practicable. Section 7. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of August, 2021. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) City Council Agenda Statement Meeting Date: August 9, 2021 To: City Council Through: Janette Bower, City Manager From: Jessra Snyder, Finance Director Agenda Item: Approving Franchise Agreement for Solid Waste Collection Services with Alaska Waste -Kenai Peninsula, LLC Background and justification: The City of Seward, through its Charter and its Code of Ordinances, provides for the collection and disposal of garbage and rubbish. To that end, the City previously applied for, and was granted, a Certificate of Public Convenience and Necessity by the Regulatory Commission of Alaska, for its refuse utility (Certificate U- 99 -22). Since at least the early 1970s, the City has utilized a private contractor to provide refuse services in Seward. The City Code requires that a franchise for a public utility be approved by a majority of voters in a regular City election. The question has been raised regarding why the City enters into a franchise agreement for refuse services. The option of letting residents choose who they want as a provider and the resident contacting the provider directly was explored. However, there is a risk that providers will state they do not have enough business and choose not to serve Seward, leaving no refuse removal services. To ensure reliable refuse services, the Request for Proposals (RFP) was issued. The RFP was issued a year ahead of the contract deadline to make this year's ballot. This decision was made to ensure adequate time for voter approval and if voter approval is not granted, adequate time for an alternate solution. Please note the contract is for refuse services and does not include recycling. The City does not have code language mandating recycling. While it is encouraged, residents have the ability to contact a recycling provider directly to receive recycling services. The language is not needed in the refuse contract. The City solicited an RFP for solid waste collection services and received two responses. Both proposals were considered responsive and responsible. The following criteria and associated weightings were used to score the proposals: Proposed rates = 30 %; Finn's technical qualifications (fleet, container inventory, etc.) = 20 %; Firm's experience = 15 %; Bear Deterrent Practices = 10 %; Litigation History = 10 %; Contract exceptions = 10 %', and Customer service and billing = 5 %. The proposals received the following overall scores: Alaska Waste - Kenai Peninsula, LLC Score = 86.33 Blue Arctic Waste Solutions, LLC Score =-- 85.0 63 Based on the scoring of criteria, the administration recommends approving a franchise for the collection and disposal of garbage and refuse with Alaska Waste - Kenai Peninsula, LLC, subject to approval by the voters of Seward at the October 5, 2021 regular City election, and subject to successful contract negotiations. Alaska Waste - Kenai Peninsula, LLC became the City's current refuse franchisee, upon completion of a buyout of the City's previous contractor, and upon the City Council's approval of consent to a change in ownership, approved by Resolution in February 2012. Since that time, the contractor has provided safe and reliable service to the residents of Seward, and the City has received very few calls regarding service. The contractor has been responsive to City staff and we have developed a positive working relationship. The administration recommends approval of this franchise agreement, for final approval by the voters of Seward at the October election. Intent: Negotiate and enter into a contract for collection and disposal of garbage, rubbish, and waste material with Alaska Waste Kenai Peninsula, LLC for seven years beginning January 1, 2023 with the option for one three-year extension. Consistency checklist: Yes No N/A 1 Comprehensive Plan: Page 11— Community Appearance, Page 13 — X City Government, Page 26 — Public Facilities 2 Strategic Plan: page 4 — Nalural Environment, Promote a Safe X Community X 3. Other: Fiscal note: The City will collect a 3% franchise fee based on gross revenues collected by Alaska Waste, Kenai Peninsula, LLC. In 2020 this franchise fee totaled $22,753. The franchise fee is intended to compensate the City for maintenance and use of its roads and alleys. Funding is from: 01000-0000-4620 (General Fund -Franchise Fee) Finance Department a ro, :. ��- Recommendation City Council approve Resolution 2021-084. 64 Contractual Agreement For the Collection and Disposal of Garbage, Rubbish and Waste Material In the City of Seward, Alaska THIS AGREEMENT {the "Agreement") is dated as of the day of , 2021, by and between the City of Seward, Alaska, a municipal corporation organized under and operating pursuant to the laws of the State of Alaska, hereinafter referred to as the "City" and Alaska Waste - Kenai Peninsula, LLC, hereinafter referred to as "CONTRACTOR". WHEREAS, the City, by its charter (the "Charter } and ordinances of the Seward City Code (the "Code"), provides for the sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the City and its service area, and has, by such Charter and Code, made regulations regarding such collection and disposal; and WHEREAS, the City seeks a CONTRACTOR to provide dependable, economic, and efficient service to the business, industrial, residential, and public districts of the City and its service area through periodic and regularly scheduled collection of garbage, rubbish, and waste material in accordance with the Charter and Code and within the terms of a previous agreement; and WHEREAS, the City and CONTRACTOR agree to consider, over the course of this contract, alternative means to reduce the environmental impact of waste, measures to reduce human/bear encounters, and other such potential initiatives; and THAT: NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND CONTRACTOR 1. Engagement, This Agreement, a franchise contract for collecting and disposing of the garbage, rubbish and waste materials of businesses, residences, and public entities of and within the City and its service area, is hereby awarded to CONTRACTOR, subject to approval by the voters under Charter Section 13.6. 2. Compliance, CONTRACTOR will comply with the terms and provisions of all Charter and Code provisions and will follow regulations of the City in connection therewith. Charter Section 13.5 is incorporated herein by this reference. To the extent that any provisions of this Agreement conflict with the Charter or Code, the Charter and Code shall govern. 3. Service, (a) CONTRACTOR will provide continuous and uninterrupted service to the public in all sections of the City and its service area in accordance with the terms of this Agreement throughout the entire period hereof except as provided in paragraph 13 herein. (b) The City and CONTRACTOR agree to the terms and conditions of CONTRACTOR' Service Policies, and CONTRACTOR agrees to perform according to said Service Policies, which are attached hereto as Exhibit 1. (c) Should the City adopt service policies whose effect is to impose requirements or restrictions on CONTRACTOR performance which will cause CONTRACTOR additional costs to provide service, the City shall provide CONTRACTOR the opportunity to determine its additional costs and to request a rate adjustment in the manner provided by Charter and Code. (d) CONTRACTOR agrees to collect and transport all garbage. rubbish and waste material collected within the City and its service area to a site and facility designated by the Kenai Peninsula Borough and to comply with the regulations established for such facility. 4. Term of Agreement, (a) This Agreement is effective upon execution by both Parties and as of the date first above written. The collection services provided under this Agreement shall commence at 12:01 a.m. on January 1, 2023 and shall continue for a minimum term of seven (7) years, expiring no earlier than 11:59 p.m. December 31, 2029, unless earlier terminated under Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Pagel of 8 65 the provisions of the Charter or this Agreement. (b) Unless this Agreement is terminated pursuant to the provisions of the Charter, paragraph 15 of this Agreement, or any other provision of this Agreement, the Parties agree that this Agreement may be renewed for up to three (3) additional years on the same terms and conditions as provided herein; provided, however, 1) CONTRACTOR first notifies the City of its desire to renew this Agreement under the same terms and conditions and provides written notice to the City in accordance with this Agreement at least one hundred eighty (180) days prior to the expiration of the current term; 2) CONTRACTOR is not in default under any term or provision of this Agreement; and 3) the City Council, at the time the renewal is requested, approves the renewal. The maximum term of this contract shall be ten (10) years. Following the termination of this Agreement for any reason prior to the expiration ofthe initial term or renewal term, CONTRACTOR shall continue to provide the services under this Agreement, at the City's election, until 11:59 p.m. on the last day of the first full month following the date the City gives CONTRACTOR notice of termination. Insurance. a. Coverage Requirements. Without limiting its Indemnities, CONTRACTOR will secure and maintain insurance coverage meeting the requirements in this Section. Each liability policy must provide contractual liability coverage for Contractor's Indemnities, including any necessary endorsement, schedule, or documentation. CONTRACTOR agrees that, at its sole cost and expense, it will obtain and maintain public liability insurance insuring against all liabilities, claims and demands for injuries, loss and/or damage which result from the performance of services pursuant to this Agreement as follows: (i) General Liability Insurance. Written on ISO policy form CG 00 01 (occurrence) or its equivalent (and not CG 00 02 claims made) with limits of not less than the following: General Aggregate: $4 million Products/Completion Operations Aggregate: $4 million Personal and Advertising Injury: $1 million Each Occurrence: $2 million (ii) Automobile Liability Coverage. Insurance meeting the following requirements: 1. Written on ISO policy forms CA 00 12 or CA 00 20 (or equivalent) with a limit of liability not less than $2 million foreach accident 2. Endorsed to delete the pollution and/or the asbestos exclusion and include pollution liability (using form CA 99 48 or its equivalent) for accidental spills and discharges while transporting and/or processing materials; and 3. Covering all Vehicles that drive on public roads. If Contractor is subject to federal regulations, Contractor will also maintain any other coverage necessary to satisfy state or federal financial responsibility requirements. (iii) Liability coverage for pollution conditions resulting from transported cargo. With a limit of not less than $2 million per occurrence covering loss (including cleanup costs) the CONTRACTOR becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 2 of 8 66 environmental laws or incurred by federal, state, city, or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purpose of this subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered. CONTRACTOR'S general liability policy may be endorsed to provide for this pollution liability coverage. (iv) Workers Compensation and Employers' Liability. Insurance providing the following: 1. Workers' compensation benefits required by applicable law (including the State Labor Code or by any other state labor law), and for which Contractor is responsible; and 2. Employers' Liability coverage with limits of not less than the following: Each accident: $1 million Disease — policy limit: $1 million Disease — each employee $1 million b. Insurer qualifications. Contractor will secure insurance provided by an*insurer meeting the following qualifications: (i) is acceptable to the City of Seward, (ii) is an admitted company in State, (iii) has a size category of VII or larger by A.M. Best Company, Inc., and (iv) has a rating of A or better by AM. Best Company, Inc. Evidence of coverage. Contractor will provide Certificates of Insurance, endorsements, schedules, and other evidence of insurance coverage requestedby the City, at the following times: (i) on or before the contract commencement date, (ii) promptly upon renewal of policies, and (iii) within ten (10) days of request by the City. 1. All insurance required herein shall name the City as an additional insured. All insurance premiums shall be the obligation of and shall be paid by CONTRACTOR. A valid Certificate of Insurance shall be delivered to the City's Finance Director at the signing of this Agreement Each insurance policy shall contain a clause whereby the insurance company agrees to give written notice to the City prior to any cancellation of such policies of insurance in accordance with the applicable provisions of such policies. The amount of the insurance policy deductibles is subject to approval by the City. d. Certificates of Insurance. Contractor will provide certificates (or other evidence of coverage) containing the following information: (1) Contract name, explicitly identifying this Agreement. Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 3 of 8 67 (ii) Types, policy numbers, policy effective/expiration dates, and limits. (iii) 30 days' cancellation notice: Containing express condition that the City of Seward must receive written notification by mail in advance of cancellation for all policies evidenced on the certificate of insurance in accordance with the applicable provisions of such policies. (iv) Deductibles and self -insured retentions. Identifying any deductible and self -insured retention, and upon City request, the CONTRACTOR will reduce any self -insured retention as it applies to the City or provide a letter of credit, certificate of deposit or other financial assurance acceptable to the City, guaranteeing payment of all retained losses and related costs andexpenses related to investigations, claims administration, and legal defense. (v) Claims made. If the City waives the prohibition on procuring claims made policies and insurance coverage is written on a claims -made form, then evidence that the "retro date" is before the Agreement commencement date. CONTRACTOR must maintain that coverage for at least five (5) years after the termination date of this Agreement (or longer as required under this Agreement). Promptly upon request, CONTRACTOR must provide City with evidence of this coverage. THIS PROVISION SURVIVES THE TERMINATION OF THIS AGREEMENT. e. Endorsements. CONTRACTOR must provide copies of the following endorsements or other documentation with respect to CONTRACTOR and its subcontractors: (i) Additional insured, Endorsements to each liability policy, explicitly adding City and its "officers, agents, and employees" as additional insured. (ii) Waiver of subrogation; 1. Insurance is primary and not contributing with any otherinsurance or self-insurance programs maintained by City. 2. Excluding any "insured v. insured" clause in a liability policy with respect to City as an additional insured; and 3. Providing dedicated limits under a liability policy in favor ofCity as an additional insured. f. Schedules. Contractor must provide schedules or other evidence that liabilitypolicies of CONTRACTOR provide contractual liability coverage for Indemnities, such as listing this Agreement as an "insured contract". g. Notice of Claims. If any person makes a claim against CONTRACTOR in excess of the amount of any deductibles or self -insured retentions, CONTRACTOR will promptly notify City of the claim. 6. Contractor Indemnity, Defense and Release a. To the extent allowable under applicable law, CONTRACTOR will indemnify and hold harmless, defend with counsel approved by the City, and release the City, its officials, employees, agents, and contractors from and against all liabilities and losses paid, incurred or suffered by, or asserted against, the City or any of its related parties, including any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs or expenses (including, without limitation, reasonable attorney, consultant and expert fee, court costs and litigation expenses) of whatever kind or nature, known or unknown contingent or otherwise, to the extent arising out of or in any way resulting from operations under this Agreement or the use of any of the Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 4 of 8 68 City's propertyexcept to the extent such damages arise from the negligence or willful acts or omissions of the City, its officials, employees, agents, or contractors. b. CONTRACTOR indemnification and defense of the City, its officials, employees, agents, and contractors shall extend to any claims arising out of orin any way related to this Agreement and the presence, disposal, release or threatened release of any hazardous material, in each case only to the extent caused by the Contractor or arising from the Contractor's operations hereunder, which is on, from or affecting public or city land, soil, water, ground water, vegetation, building, personal property, persons, animals, or otherwise including any personal injury (including wrongful death) or property damage to the extent arising out of or related to any such hazardous materials, and any lawsuit brought or threatened, settlement reached or government order relating to such hazardous materials (except for damages arising from the negligence or willful acts or omissions of the City, its officials, employees, agents, contractors or any other third parties that are unrelated to the Contractor). c. CONTRACTOR shall furnish to the City's Finance Director a performance bond in the sum of Twenty -Five Thousand Dollars ($25,000) conditioned upon the covenants, agreements, stipulations, and conditions thereof. The executed performance bond shall be attached to this Agreement and incorporated hereto and made a part hereof. 7. Fees Established. CONTRACTOR shall be entitled to receive the fees specified in the Rate Schedule for Garbage and Refuse Services attached hereto as Exhibit 2, as may be amended from time to time according to the terms of the Charter, Code, and this Agreement. 8. Record of Services, On a quarterly basis, CONTRACTOR shall supply the City with an accurate record of the gross revenues billed and collected, for the purposes of paying the 3% franchise fee identified in Section 10. 9. Customer Contact Point. CONTRACTOR shall serve as the primary point of customer contact and shall receive customers' applications for service, provide the customer with information regarding services available and fees for such services, and receive customer complaints regarding service. The City will accept and forward any customer complaints that are brought to the City's attention, on to CONTRACTOR. 10. Franchise Fee. The Seward City Charter § 13.5(7) requires that a franchise contribute to the cost of maintaining local roads, alley ways, etc. which the franchise may use in the conduct of its business. The franchise fee imposed under this section shall be three percent (3%) of CONTRACTOR' gross revenues actually collected within the corporate limits of the City for each quarter. The fee shall be due and payable on the 20' day of April, July, October, and January following the end of the quarter, and if not paid timely, shall be subject to penalties and interest as provided in Seward City Code §14.01.055. 11. Rate Adjustment. The City and CONTRACTOR agree that the Rate Schedule will be adjusted beginning on January 1 in the second full calendar year of the Term (in this case, January I, 2024) and each subsequent January 1, equal to the following: a. The Rate Schedule in effect during the prior contract year (or portion thereof), plus or minus the percentage of the Consumer Price Index (CPI) bidin 'Consumer Price Index (CPI) means the consume price index (M-13), all iters, 1982-WI00 for urban wage earners and clerical workers, Anchorage, Alaskaarea, as published by the U.S. Department of Labornureau ofLabor Statistics (initial release). Note: The2024 Rate Schedule will utilize CPI Data from the calendar year 2022. Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 5 of 8 69 response to the RFP; in this case, 140% of the annual CPI'. b. The rate adjustment proposed in this Section 11 is subject to approval by the Seward City Council, of a Refuse Tariff adjustment which is to be proposed to the Council upon approval of this Agreement. Said Refuse Tariff adjustment will propose that the CPI increase become an automatic adjustment effective January lst each year beginning January 1, 2024 without need of further City Council approval, and that all other amendments to the Rate Schedule shall require further Council approval. 12 Indenendent Contractor. It is specifically acknowledged and agreed that when fulfilling its obligations pursuant to this Agreement, CONTRACTOR is an independent contractor and the City has no control or right to control CONTRACTOR operations, equipment and/or personnel except as expressly set forthin this Agreement. 13. Force Maieure. If the failure of CONTRACTOR to perform under this Agreement is due to any fault of the City, acts of God, fuel or repair supplies, fire, explosion, tempest, weather, war, strikes, earthquakes or accidents directly or indirectly affecting CONTRACTOR performance ("Excuses") and the Excuse is beyond the reasonable control of CONTRACTOR or not the result of CONTRACTOR act, or omission, or negligence, then the failure of CONTRACTOR to timely perform under this Agreement shall not constitute a default or breach under this Agreement, and no penalties or damage shall be payable to the City by CONTRACTOR or its agents, and the time for CONTRACTOR performance under this Agreement shall be extended from time to time and as often as such events occur by a period of time equal to the time lost. 14 Arbitration. If a dispute arises between the parties concerning their respective rights under this Agreement (excluding rate adjustments), and where commercially reasonable and practicable, the parties shall seek to resolve the dispute by using an appropriate form of alternative dispute resolution prior to initiating litigation proceedings. If the parties are unable to reach resolution within sixty (60) days following notice of a written claim, either party may initiate litigation proceedings. Rate adjustments shall not be the subject of or subject to arbitration. 15. CONTRACTOR Default. Subject to the provisions of Charter Section 13.5, if CONTRACTOR is in default under this Agreement and the default is not excused orthe fault of the City, then CONTRACTOR shall have ten (10) business days following written notification given according to paragraph 19 hereunder, in which to cure the default. If the default has not been cured at the end of the ten (10) business days, this Agreement shall terminate. The City may also terminate this Agreement for the violation of any of its provisions, for the misuse or non-use hereof, for failure to comply with any provision hereof, or any regulation imposed under authority of the Charter or Code. lfi Eauinment and Services. (a) CONTRACTOR shall provide sufficient equipment to provide uninterrupted service to its customers and at its sole cost and expense, shall maintain and keep that equipment in good repair and operating condition and shall provide all fuel, lubricants, tires, and other materials and supplies necessary for the operation of that equipment. (b) CONTRACTOR shall furnish trained and competent personnel at its sole cost and expense as well as all employee required or necessary to adequately furnish services pursuant to this Agreement. At all times CONTRACTOR shall be solely responsible for the supervision of its equipment and personnel. (c) CONTRACTOR shall perform all services in a courteous, professional and competent manner. CONTRACTOR shall not litter in the process of collecting refuse, nor allow any refuse to flow or fall from any equipment used when performing Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 6 of 8 70 services. CONTRACTOR shall repair or replace, at its sole cost and expense, any container(s) damaged as a result of any act, conduct or omission by CONTRACTOR when performing services pursuant to this Agreement except for reasonable wear and tear. (d) CONTRACTOR shall provide a toll -free number to the City and its customers located in the City to call CONTRACTOR' principal place of business. (c) CONTRACTOR shall ensure that all required customers have signed up for refuse collection services as required by Seward City Code § 14,05.010 (a), by coordinating new customer service with the City of Seward or by advertising, or any other reasonable means, and shall ensure that customers have a convenient means bywhich to establish new service. 17 Violations Reporting. CONTRACTOR shall report to the City violations of local, state, or federal law relating to the collection and disposal of garbage, rubbish and waste material in the City and its service area. 18 Additional or Special Pick IJL_ CONTRACTOR shall respond to customer requests for additional or special pick up (non-scheduled service) within twenty-four (24) hours of such request unless prevented by weather, blocked access, or other reasons beyond the reasonable control of CONTRACTOR. Sunday shall not be counted when computing the twenty-four (24) hour response period. Unless excused by weather, blocked access, or other reasons beyond the reasonable control of CONTRACTOR, if CONTRACTOR fails to respond within twenty-four (24) hours the next pick up will be at no cost. 19. Customer Billing and Collections. Invoicing and billing of all customers will be the responsibility of the Contractor. The customer will be invoiced for collection services, waste disposal, container rental, taxes and fees, and any additional selected services. All invoices will include service address, coverage of dates invoiced, and the rate for the customer's level of service. Contractor shall be responsible for collections of all fees and taxes due the Contractor from customers. Contractor may elect to forward to the City information for all customers for whom reasonable efforts to collect have been unsuccessful for a period of at least 120 days, and the City may elect to begin enforcement proceedings. The City may use all legal rights to seek recovery, including the right to place a lien upon the real property of those customers to satisfy payment of outstanding bills. The Contractor is required to enforce collections through reminder letters and assessment of late fees and interest, prior to the City's assuming the debt for the purposes of enforcement. The City has no obligation to pursue such enforcement action but may elect to do so in order to ensure compliance with the provisions of Seward City Code mandating participation in refuse collections. 20. Notices. Any notice or demand which under the terms of this Agreement or any state statute, Charter provision, or Code provision may or must be given or made by the parties hereto shall be in writing and given and made by personal delivery or by mailing by certified mail or registered mail, addressed to the other parry as follows: City of Seward Alaska Waste — Kenai Peninsula, LLC City Manager Attn: Kurt Froening PO Box 167 6301 Rosewood St. Seward, AK 99664 Anchorage, AK 99518 Either party may, however, designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. Any notice given under this Agreement by mail shall be deemed delivered when deposited in a United States general or branch post office, enclosed in a registered or certified prepaid wrapper addressed as set forth above. 21. Interpretation. This Agreement, together with the Charter and Code, contains the entire agreement between the Parties. There is no other understanding, oral or written, which in any manner changes or enlarges what is set forth in this Agreement. 22. Assignment. CONTRACTOR shall not sell, assign, sublet or allow another to use this Agreement Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 7 of 8 VA (the franchise contract) without prior approval by resolution of the City Council. This provision is subject to Charter Section 13.8. 23. Time of the essence. Time is of the essence of each and every provision of thisAgreement. 24. Binding Effect. This Agreement shall extend to and be binding upon the heirs, administrators, executors, successors, and assigns of the respective Parties. 25. 1 aa!=&s. Headings used in this Agreement are for convenience only and shall not affect the construction of this Agreement. 26. Annlicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska, excluding any conflict of law, rule or principle, which might refer such construction to the laws of another state or jurisdiction. 27. Modification. Except for rate adjustments in Section 11, no modifications, changes, or amendments may be made to this Agreement by either Party except in a written instrument executed by each party or as may be required by the applicable provisionsof the City Charter, City Code, or Alaska Statutes. 28. Waiver, The failure of either Party to insist upon strict performance of any provision of this Agreement shall not constitute a waiver of or estoppel against asserting the right to require that performance in the future. A waiver or estoppel in any one instance shall not constitute a waiver of or estoppel against asserting the right to require that performance in the future. A waiver or estoppel in any one instance shall not constitute a waiver or estoppel with respect to a later breach or a similar nature or otherwise. A course of perfomlance established by a party shall also not estop the other party from complaining of a later breach similar in nature. 29. Construction. The rule of contract construction that ambiguities, if any, in a writingbe construed against the drafter shall not apply to this Agreement. 30. Severability. In the event that any term, condition, or provision of this Agreement is declared by a court of competent jurisdiction to be void or unenforceable, the remaining terms, conditions, and provisions of this Agreement shall remain valid andenforceable as if such void of unenforceable term, condition, or provision was omitted from the Agreement when the Agreement was first executed. IN WITNESS WHEREOF, the Parties have executed this Agreement the day andyear set opposite their respective signatures. By: City of Seward Janette Bower, City Manager Date: ATTEST: Alaska Waste — Kenai Peninsula, LLC Kurt Froening, Division Vice President Brenda Ballou, City Clerk (City Seal) Contractual Agreement Between The City of Seward and Alaska Waste - Kenai Peninsula, LLC Page 8 of 8 r`J July 30, 2021 Mr. Kurt Froening Alaska Waste, Waste Connections 6301 Rosewood St Anchorage, AK 99518 NOTICE OF INTENT TO AWARD Dear Mr. Froening, The City of Seward intends to award the Franchise Agreement for Solid Waste Collection Services Contract to Alaska Waste -Kenai Peninsula, LLC as the most qualified responsive and responsible bidder for this contract. Before the City of Seward can award the contract, it must be presented to Seward City Council at the August 9, 2021 council meeting and if approved will be placed on the October 5, 2021 ballot. Once the election results are validated, we will send you the proposed contract. Alaska Waste -Kenai Peninsula, LLC will need to provide to the City all documents required for award, per the Contract Documents. The award of the contract is also contingent upon City Council approval which is scheduled to take place on August 9 and the outcome of the citizens of Seward vote on October 5, 2021. If you have questions, please don't hesitate to contact me at 907-224-4064 or through email at jsny_der(@cityofseward.net. Sincerely, Z�T.. Snyder Seward Finance Director 73 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW WHOLESALE POWER SUPPLY CONTRACT WITH CHUGACH ELECTRIC ASSOCIATION (CEA) FOR AN INITIAL TERM OF THREE YEARS WITH TWO THREE-YEAR RENEWALS WHEREAS, the City of Seward has received electric power from Chugach Electric Association, Inc. (CEA) under various contract arrangements since 1961; and WHEREAS, the current contract, approved by Resolution 2006-023, and its associated Amendments No. 1 and 2, will expire on December 31, 2021; and WHEREAS, the City of Seward and CEA have negotiated a new agreement, titled 2022 Wholesale Power Contract between the City of Seward (Seward Electric System) and Chugach Electric Association, Inc. ("2022 Agreement"); and WHEREAS, the 2022 Agreement provides for an initial three-year term, with two subsequent three-year automatic extensions, unless terminated by Seward or CEA via an advanced written notice of twelve (12) months; and WHEREAS, the 2022 Agreement is essentially an extension of the 2006 Agreement, allowing CEA to interrupt Seward power supplies if those supplies are not available from the CEA system; and WHEREAS, additionally, in recognition of Seward's capacity from the Fort Raymond Power Plant, no generation reserves or costs associated with reserves are assigned to Seward; and WHEREAS, the 2022 Agreement ensures that no other CEA customer will have a better rate than Seward; and WHEREAS, the 2022 Agreement provides significant opportunity for mutual benefit in key areas of operations, including: employee training, right-of-way clearing and maintenance, electric vehicle charging infrastructure, dispatching and engineering services, back-up staffing in emergencies, cyber security, and implementing Advanced Metering Infrastructure (AMI); and WHEREAS, both parties negotiated in good faith and with a desire to better serve the citizens and businesses of Seward and surrounding communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 74 CITY OF SEWARD, ALASKA RESOLUTION 2021-085 Section 1. The City Manager is hereby authorized to enter into a new wholesale power supply contract with Chugach Electric Association for an initial term of three years with two three- year renewals for a total of nine years in substantially the same form as attached herein. Section 2. This contract shall go into effect on January 1, 2022. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 91n day of August, 2021. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor NO City Council Agenda Statement Meeting Date: August 9, 2021 To: City Council Through: City Manager Janette Bower From: Rob Montgomery, Electric Department Director Agenda Item: Approval of new Power Supply Contract with Chugach Electric Association Background & Justification: The City of Seward has received electric power from Chugach Electric Association (CEA) under various contractual arrangements since 1961. With the existing I5-year power supply contract set to expire at the end of this year, Seward's Electric Department gauged the interest of other electric utilities within the state to supply Seward's power. Three of the six electric utilities/power providers receiving letters from Seward responded with interest: CEA, Homer EIectric Association (HEA) and Matanuska Electric Association (MEA). Following meetings and in-depth discussions with all three, it was determined that CEA continues to offer several key advantages the others simply cannot match, including: lowest rate, geographic location with a direct connection to Seward's electric system, availability to and ownership of their own natural gas supplies, and historic knowledge of Seward's system and operations. After informing HEA and MEA that CEA would be awarded the contract, the Electric Department met on six separate occasions with CEA executives to negotiate contractual details. Highlights of the new contract are: • There is no increase in the rates for utility charges and demand charges. Also, cost of power charges will be the same as those CEA charges its other customers. • The initial term of the agreement is three years with two, three-year renewals for a total of nine years. With three-year renewals, Seward has more frequent flexibility to react should market conditions in AIaska present other opportunities. • As a system customer of CEA, Seward receives the benefit of CEA's mixed generation; mixed generation simply means CEA generates power from numerous power sources, giving it the option to generate electricity from the most economical sources. These sources include CEA's low-cost generation from Bradley Hydro and Plant 2A, which CEA acquired from Municipal Light & Power (ML&P). rV • Seward gets a discounted rate because of its ability to generate its own system reserves from the Fort Raymond power plant. • Gives Seward the ability to buy its own economy energy from HEA, MEA or Golden Valley Electric Association (or even Cook Inlet Corporation's Fire Island wind). CEA agreed to allow for this modification should Seward have such an opportunity. • A commitment from CEA to strengthen its support and mutual aid of Seward in various areas of its business, including employee training, right-of-way clearing and maintenance, electric vehicle charging infrastructure, engineering services for substations, assistance with dispatching and engineering for the Fort Raymond power plant, back-up staffing in emergencies, and implementing Advanced Metering Infrastructure (AMI) to increase system reliability and reduce line losses. • CEA agrees that no other customer will have a better rate than Seward. + CEA agrees to let Seward obtain its own natural gas supplies after providing CEA a 12- month notice, giving Seward an opportunity to secure its own low-cost gas should market conditions make doing so favorable. • CEA agrees to raising net metering limits for Seward to match CEA's own limits. CEA expects to increase limits to 5 percent of its average retail demand. • CEA agrees to look at expanding the use of Small Power Projects on the Seward system. • CEA agrees to work with Seward in contracting right-of-way maintenance to assist Seward in keeping costs down. • CEA agrees to provide right-of-way clearing on its distribution lines from Dave's Creek Substation (Sterling Highway) to Lawing Substation (Seward Highway) without charging Seward. The existing contract had Seward paying two-thirds of the clearing cost. • CEA agrees to use capital credits earned by Seward to reduce CEA's billing to Seward over the following 12-month period, thereby reducing costs for Seward's customers. • CEA agrees to remove language from the existing contract that gives it the ability to charge Seward a power factor charge • The agreement clarifies language permitting Seward to install its own electric meters at Dave's Creek Substation to independently meter the CEA power consumed by Seward, allowing Seward to accurately monitor line losses on its system. 77 The agreement incorporates the Bradley Lake sharing agreement, with CEA paying Seward's share of costs incurred under the Bradley Project Power Sales Agreement to the Alaska Energy Authority. As a regulated utility, CEA has limited flexibility when it comes to lowering rates or offering a special rate for a single customer. However, this new contract will result in cost savings for Seward in several areas of its business through the support services CEA is willing to provide. Intent• To ensure through a new power supply contract with CEA the ongoing delivery of reliable and affordable electric power to the City and surrounding communities while also expanding on the support services provided to Seward by CEA. Consistency Checklist: Yes No N/A Comprehensive Plan (1.3, 3. 7. 3. 1, 3. 7. 3.2) Continue to upgrade 1. and expand utilities to meet existing needs and encourage future X development. 2 Strategic PIan: The mission of the City of Seward government is to X provide quality leadership and economic wellbeing of its citizens 3. Other (list): X Fiscal Note: Costs associated with purchasing power from Chugach will be reflected in proposed tariff changes to utility customers, thereby passing the cost of purchased power to the utility customers. Funding is from: 15000-3006-7101 through 15000-3006-7102 - (Chugach Power Purchases and Power Fuel Costs) Finance Approval: Recommendation: For Council to approve Resolution 2021-085, authorizing the City Manager to enter into a new wholesale power supply contract with Chugach Electric Association for an initial term of three years with two three-year renewals for a total of nine years. 78 2022 WHOLESALE POWER CONTRACT BETWEEN CHUGACH ELECTRIC ASSOCIATION, INC. AND THE CITY OF SEWARD d/b/a SEWARD ELECTRIC SYSTEM SECTION 1. PARTIES This 2022 Wholesale Power Contract ("Agreement"), dated as of June , 2021, ("Signature Date"), is entered into by and between Chugach Electric Association, Inc., an Alaska non-profit electric cooperative corporation, having its offices at Anchorage, Alaska ("Chugach") and the City of Seward, Seward Electric System ("Seward") having its offices at Seward, Alaska. Chugach and Seward may hereinafter be referred to individually as a "Party" and collectively as the "Parties." SECTION 2. RECITALS WHEREAS, Chugach has furnished Electric Power to Seward under various contractual arrangements since July 1, 1961; WHEREAS, the current 2006 Agreement for the Sale and Purchase of Electric Power and Energy and Amendments No. 1 and 2 to that agreement terminate on December 31, 2021; WHEREAS, the Parties desire to continue Chugach's provision of Electric Power to Seward pursuant to the terms and conditions of this Agreement; WHEREAS, the Parties also desire to establish a framework to work together to identify and plan for additional opportunities to provide mutual aid, maximize efficiencies, and reduce the costs of operating and maintaining their respective electric systems where possible; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 3. AGREEMENT 3.1 Sale and Purchase of Electric Power. Chugach shall sell and deliver to Seward, and Seward shall take and pay for, at the rates provided for in Section 4, all of Seward's Electric Power requirements from Chugach, subject to those terms and conditions hereinafter provided. Page 1 of 17 79 3.2 No Dedication of Resources. Nothing under this Agreement shall constitute either (i) a sale, lease, transfer, dedication, or conveyance of an ownership interest in or to any of Chugach's Generation or Transmission Resources, or (ii) an entitlement to the electric capacity or associated energy from any specific Generation or Transmission Resource. Chugach shall have sole authority, which it may exercise in its discretion, to manage, control, and operate all of its Generation and Transmission Resources, subject to Chugach's obligation to provide available Electric Power to Seward under this Agreement. 3.3 Electric Power Without Reserves, The Electric Power, which Chugach is obligated to sell to Seward under this Agreement, shall be provided without system production Reserves. Seward shall be responsible for providing its own Reserves. 3.4 Optional Gas SuMply. Upon twelve (12) months advance written notice to Chugach, Seward may elect to provide its own supply of gas ("Seward Gas") to be used by Chugach to meet its obligation under this Agreement to generate, sell, and deliver Electric Power to Seward. To exercise this option, the Seward Gas supply must be made available to Chugach on a firm basis from the date the Seward Gas option becomes effective through the remaining Term of the Agreement. To the extent Seward exercises this option and an interruption in the Seward Gas supply occurs, Chugach shall be relieved of its obligation to provide Electric Power under this Agreement for so long as such interruption continues. Chugach shall have no obligation to take, or liability associated with, any Seward Gas that cannot be used by Chugach during (a) an interruption event under Section 3.5, or (b) an Uncontrollable Force event. The Parties shall negotiate in good faith regarding any additional terms and conditions necessary to effectuate the Seward Gas option if and when notice of such election is received by Chugach. 3.5 Interruption of Service. (a) To the extent Chugach's available power production and power purchase contract resources (not including economy or emergency power purchases) are insufficient to serve Chugach's other firm loads, Chugach may interrupt service to Seward as necessary (either completely or in part) to protect the continuity of service to Chugach's other firm loads, subject to the follow limitations: i. Chugach shall not be obligated, but will attempt in good faith, to provide reasonable advance notice to Seward of such interruptions, with such notice to be made by calling the emergency services dispatcher for the City of Seward at (907) 224-3338, or such other number as the Parties may from time to time agree upon in writing. ii. Chugach shall not be obligated, but will attempt in good faith, to purchase replacement emergency Electric Power from other utilities to avoid interruption under this Section. (b) Seward shall be responsible for all costs of supplying its own Electric Power to meet its system load during interruptions under this Section. Page 2 of 17 80 (c) Seward may interrupt service with Chugach to engage in test running of its own generation resources and Chugach may require up to forty-eight (48) hours advance written notice. 3.6 Delivery Points. Subject to Section 3.5, Chugach shall furnish the Electric Power purchased by Seward under this Agreement to Seward at: (i) Daves Creek Substation (high side of breaker 952), and (ii) near the Lawing Substation at approximately mile 25 of the Seward Highway, or such other delivery point(s) as mutually agreed to by the Parties in writing. Title and risk of loss of Electric Power delivered to Seward shall pass from Chugach to Seward at the delivery points, and Chugach shall have no responsibility for transmission and distribution beyond such delivery points for such delivered Electric Power. 3.7 Resale of Electric Power Prohibited: Limit on Amount of Electric Power. All Electric Power delivered to Seward under this Agreement shall be used exclusively to serve Seward's retail electric loads as ultimate consumers and end -users of the Electric Power and shall not be resold to any other entity or otherwise used or disposed of, by contractual agreement or otherwise, in any other manner or for any other purpose. To assist in enforcing this provision, the Parties agree that at no time will Seward take, and at no time will Chugach be obligated to supply, Electric Power under this Agreement in amounts in excess of Seward's system demand or requirements calculated at the time Electric Power is delivered to Seward. Nothing contained in this Section 3.7 shall preclude Seward from using Electric Power supplied hereunder to meet its retail electric loads while engaging in contemporaneous off -system sales of Electric Power available to Seward from its own or other sources. 3.8 Joint Use Agreement. The Joint Use Agreement attached as Exhibit A is made a part of this Agreement and incorporated by reference herein. 3.9 Economy Energy Transactions. In the event of changed market conditions related to economy energy, Seward may request that the Parties meet and confer regarding potential modifications to this Agreement that would allow Seward to meet a portion of its Electric Power needs through market economy energy transactions. The Parties shall negotiate such modifications in good faith; however, Chugach shall not be obligated to accommodate such a modification to the extent Chugach determines in its sole discretion that it would cause operational or economic hardship to Chugach. 3.10 Mutual Assistance. The Parties shall continue to work together and discuss potential additional opportunities and arrangements for Chugach and Seward to expand their commercial relationship in ways that will achieve mutual benefits and efficiencies for both Parties. The Parties believe that given their unique relationship, additional efficiencies could be gained through: (a) Coordination of right-of-way vegetation management activities through engagement of a mutually acceptable Qualified Contractor, as described in the Joint Use Agreement. Page 3 of 17 81 (b) Coordination of employee training activities where possible such that Seward employees are given the opportunity to attend Chugach sponsored training events (particularly in the area of safety training). (c) Coordination regarding electric vehicle charging infrastructure and renewable generation resources. (d) Coordination and assistance related to dispatch and engineering services for the Fort Raymond power plant. (e) Coordination and assistance with engineering for Seward substations and Railbelt cyber security compliance. (f) Coordination and assistance with Advanced Metering Infrastructure ("AMP') meter installation and connection to Chugach's system. 3.11 Treatment of Small Power Proiects. (a) The aggregate installed capacity of all Small Power Projects selling electric capacity and/or energy to Seward shall not exceed 500 kW unless mutually agreed otherwise. (b) Metering. All Small Power Projects selling electric capacity and/or energy to Seward shall be individually metered and such metering information shall be available to Chugach for purposes of calculating Seward's monthly bills in conformance with this Section 3.11. (c) Energy Costs. Chugach's monthly invoice to Seward, based on Electric Power deliveries identified in Section 3.6, shall be reduced by a dollar amount equal to the kWh received by Seward from Small Power Projects multiplied by Chugach's tariffed rate for non - firm power purchases for that billing month. Unless and until an alternative avoided cost calculation is developed, the "Non -firm power rate" in the approved Chugach Tariff Sheet No. 97 (Purchase and Sales Rates for Qualified Cogeneration and Small Power Production Facilities) for each month shall be used to determine the amount by which Chugach's invoice shall be reduced based upon Seward's purchases from Small Power Projects. At any time prior to the end of this Agreement, Chugach may propose to the Regulatory Commission of Alaska ("Commission") an alternative avoided cost calculation to apply to Seward's purchases from Small Power Projects. Prior to filing any such proposal, Chugach shall meet with Seward to discuss how the proposed change, if approved, would affect Seward's monthly invoice. Any changes in the calculation of the avoided cost rate(s) are subject to the standard review and adjudicatory process of the Commission. Seward reserves the right to oppose any such proposal before the Commission. (d) Capacity Costs. All rates and resulting invoices charged by Chugach to Seward shall be computed as if the capacity received by Seward from Small Power Projects were received from Chugach. The wholesale billing rates charged by Chugach to Seward shall not be reduced to reflect any contribution of capacity from Small Power Projects. Page 4 of 17 82 (e) Except for the reduction in Chugach's monthly invoice to Seward computed pursuant to Section 3.11(c), all demand- and energy -related costs, other than fuel and purchased power charged by Chugach to Seward, shall not be reduced to reflect electric capacity or energy received by Seward from the Small Power Projects. Demand and energy provided by the Small Power Projects shall be included in monthly billing amounts and included in the determination of cost assignment in cost of service studies. (f) For purposes of Chugach's quarterly Fuel and Purchased Power Cost Adjustment Factor updates, the amounts credited to Seward pursuant to Section 3.11(c) for Seward's purchases of electric capacity and/or energy from Small Power Projects will be considered part of Chugach's system costs. Those costs shall be apportioned to all classes of service, including Seward, consistent with established cost -of -service methodologies. (g) Before allowing a Small Power Project to interconnect with Seward's facilities or equipment or accepting any electric capacity and/or energy from a Small Power Project, Seward shall confirm, to Chugach's satisfaction, its ability to provide Chugach with data that are compliant with and subject to all metering requirements of this Agreement. Seward shall require by contract with the Small Power Project that the Small Power Project will (A) pay to Chugach the installed cost of the Chugach meters/recorders designated by Chugach as necessary for Chugach to record the energy and capacity supplied by the Small Power Project to Seward; (B) provide, without charge, a telephone line (dedicated or shared) for telephone access by Chugach to the Chugach meters/recorders; and (C) provide to Chugach, without charge, full access to any Chugach -owned meters/recorders on the premises of the Small Power Project and any other rights that Chugach has with respect to other meters under this Agreement. 3.12 Treatment of Net Metered Non -Utility Generation. (a) This Agreement shall not be construed to prohibit Seward from purchasing or receiving from a Seward retail customer the electric output from an on -site Eligible Non -Utility Generation facility under a net metering service arrangement with the Seward retail customer, provided that the facility has a nameplate capacity of 25 kW or less, and provided that the total nameplate capacity of all Seward net metered generation facilities does not exceed the greater of two (2) percent of Seward's average retail demand or the amount permitted under Chugach's operating tariff for its retail members at the time. (b) Chugach's rates for Seward's purchases of Electric Power (including both monthly billing demand and determination of contribution to system peak, total system demand and energy requirements) under this Agreement shall be based on actual Chugach billing determinants. In this manner, the impact of net metering installations will be to reduce Seward's billing load and cost responsibility by the amount of actual generation received by Seward from net metered facilities. (c) Nothing in Sections 3.11 or 3.12 precludes Chugach from negotiating directly with any Small Power Projects or with any power supplier to purchase electric capacity and/or energy. Page 5 of 17 83 SECTION 4. RATES AND BILLING 4.1 General Ratemaking Provision. The rates and charges applicable under this Agreement shall be established, and shall be revised from time to time, in accordance with (a) the substantive ratemaking principles set forth in Section 4.2, and (b) the ratemaking procedures set forth in Section 4.3. This Agreement and rates proposed hereunder shall be submitted to the Commission for advance approval. The schedule of initial base rates under this Agreement are set forth in Chugach CPCN No.8, Tariff Sheet No. 99 (65th Revision). Chugach shall ensure that during the term of this Agreement Seward's total cost of Electric Power is not adversely affected by future supply arrangements executed with any third -party purchaser(s) of Electric Power ("Third -Party Transaction"). For clarity, "not adversely affected" shall mean that Seward's total cost of Electric Power shall not be higher than it otherwise would have been absent the new Third -Parry Transaction. To the extent an adverse effect is determined by Seward to exist, Seward shall notify Chugach of such determination and seek to resolve the issue with Chugach in good faith. Disputes arising hereunder may be submitted to the Commission for resolution by either Party at any time. 4.2 Substantive Ratemaking Principles. The rates and charges applicable under this Agreement shall be just and reasonable, not unduly discriminatory, and consistent with the terms and conditions of this Agreement and all other lawful obligations of Chugach. The rates and charges shall be based on cost -of -service studies designed to ensure that Chugach's total revenue requirement, including, but not limited to generation, transmission, and fuel and purchased power expenses, is divided fairly and appropriately between Chugach's generation, transmission, distribution, and customer functions so that no function will significantly or persistently cross - subsidize the other. Fuel and purchased power costs shall be recovered through Chugach's quarterly cost of power adjustment factor rates. All rates charged to Seward shall exclude any costs associated with power purchased by Chugach from the Fire Island Wind Project. Since Chugach is not committing any system production reserves to providing service to Seward under this Agreement, and Seward is relying on its own reserves, no Production Reserve Costs shall be allocated to Seward. 4.3 Ratemaking brocedures. Chugach shall supply and be paid for Electric Power under this Agreement on a total requirements basis, except that Production Reserve Costs shall not be allocated to Seward, as discussed below. The following ratemaking and billing provisions shall apply: (a) Allocation of demand -related costs. Demand -related costs will be allocated to Seward for ratemaking purposes in accordance with a methodology that is consistent with the fairness principles set forth in Section 4.2 of this Agreement and will be based on Total System Demand, with the exception that no Production Reserve Costs will be allocated to Seward. (b) Computation of demand charges. To establish demand charges (expressed in dollars per kilowatt/month) for the sale of electric capacity in future rate cases, test period demand -related costs, excluding Production Reserve Costs, will be allocated to Seward based on its proportionate contribution to the overall system peak. Page 6 of 17 84 (c) Billing demand and payment for capacity. Seward's billing demand in each month shall be Seward's actual peak demand on the Chugach system for that month. (d) Payment for energy. Chugach will charge and be paid for energy for each monthly billing period in an amount equal to Chugach's then applicable energy charge (excluding fuel and purchased power expenses) multiplied by Seward's total system energy requirements for that month, which energy requirements shall be metered at the Points of Delivery. Fuel and purchased power costs will be recovered through Chugach's cost of power adjustment factors, which are reduced by economy energy sales margins and wheeling revenues that would otherwise have been assigned to Seward based on Seward's proportionate share of the total system firm sales on the Chugach system. (e) BRU Contributed Capital Surcharge. Chugach will charge and be paid a monthly amount equal to the then applicable BRU Contributed Capital Surcharge multiplied by actual energy delivered by Chugach to Seward. (f) Customer Charge. Chugach will charge and be paid a monthly amount equal to the then applicable customer charge multiplied by the number of delivery point meters. (g) Good Faith. The Parties agree to operate their systems in good faith to accomplish the purpose of relying upon the power supply Reserves provided by Seward while providing Seward with a reduced demand cost allocation reflecting the unique nature of the service provided under this Agreement. (h) Billing. Seward shall pay bills within 15 days of receipt. In the event any portion of any bill is disputed, pending resolution of the billing dispute, the undisputed portion of each bill shall be paid to Chugach in timely fashion pending resolution of the disputed amount. (i) Margins (capital credits. Seward shall be entitled to an allocation of margins (capital credits) based on Seward's contribution to Chugach's electric generation and transmission margins consistent with Chugach's bylaws. Upon retirement of patronage capital in a manner consistent with Chugach's bylaws and applicable board policies, such amount retired on behalf of Seward shall be divided and applied equally as an offset (credit) to Seward's subsequent twelve monthly bills for Electric Power. 4.4 Billing for Bradley Lake. (a) Chugach shall be entitled to schedule and receive Seward's share of Electric Power from the Bradley Lake Hydroelectric Project, including any Electric Power associated with the Battle Creek Project ("Bradley Project"). (b) Chugach shall be entitled to comingle any Electric Power Chugach receives under Section 4.4(a) with all other Electric Power available to Chugach and use such Electric Power to serve Chugach's system load. (c) Chugach shall pay the Alaska Energy Authority ("AEA") for Seward's share of costs incurred under the Bradley Project Power Sales Agreement ("Bradley PSA"), which includes Battle Creek Project costs, and the Memorandum of Proposed Transaction dated Page 7 of 17 85 December 17, 2020, whereby AEA acquired certain transmission assets from Homer Electric Association, Inc. These costs and the attendant energy and capacity from the Bradley Project will be included as a Chugach system resource for ratemaking purposes. This Bradley Lake billing arrangement is strictly for administrative efficiency and is expressly not an assignment of Seward's share of Bradley Project Electric Power to Chugach. (d) This Section 4.4 is not intended to alter, amend, or modify any of the Parties rights and obligations under the Bradley PSA or other agreements related to the Bradley Project. The intent of this arrangement is simply to increase administrative efficiency as between the Parties with respect to how Seward's share of Bradley Lake Electric Power is to be handled. SECTION 5. TERM This Agreement shall continue in full force and effect from the later of January 1, 2022, or the date Commission approval is received ("Effective Date") pursuant to Section 14.13 for a period of three (3) years ("Term"). The Term of this Agreement shall automatically extend for two (2) successive three (3) year terms unless either Party provides written notice of termination to the other Party at least one (1) year prior to the expiration of either the initial Term or any subsequent term thereafter. SECTION 6. PROVISIONS RELATING TO ELECTRICAL SERVICE 6.1 Electric Power to Be Made Available. Except when prevented by an Uncontrollable Force or when Chugach has interrupted service under Section 3.5 of this Agreement, Chugach shall use its best efforts to deliver a constant and uninterrupted supply of Electric Power to Seward at the delivery points designated in Section 3.6 in the amount of Seward's total demand for Electric Power. 6.2 Restoration of Service. In the case of a partial or total loss of service to Seward as a result of problems encountered on the Chugach system, including an Uncontrollable Force or interruption under Section 3.5 of this Agreement, Chugach will use its best efforts to restore service in a prompt and non-discriminatory manner. 6.3 No Duty to Third Parties. This Agreement shall not create on the part of Seward or Chugach any legal duty owed to the retail, wholesale, or wheeling customers of the other Party, including without limitation, any legal duty to maintain continuity of electric service to other Parties or customers. Nothing in the foregoing sentence shall limit the rights afforded Chugach or Seward under this Agreement. 6.4 Prudent Utility Practice. The Parties shall design, construct, maintain, operate, and repair their respective facilities and equipment in accordance with Prudent Utility Practice. Seward shall also design, construct, operate, maintain, and repair its facilities and equipment in a manner that ensures satisfaction of the following constraints: (a) Seward's load shall not cause sine -wave distortion or large, short -interval demand that will impair service or cause interference with telephone, television, or other Page 8 of 17 86 facilities, or other utilities' customers. (b) Seward's load shall not result in a deviation from phase balance of more than ten (10) percent at any time. (c) Seward and Chugach shall each supply their own Volt -Amperes Reactive ("VAR") requirements, as measured at the delivery point, to correct any power factor problems on their respective sides of the delivery point. Seward must maintain a minimum 90% power factor. In the event that Seward is unable to meet this power factor requirement, the Parties shall meet and confer regarding a mutually acceptable solution to the problem. 6.5 Reserves. (a) Chugach shall not be required to provide or maintain Reserves to support Seward's Generation Resources. (b) Seward shall be required to maintain sufficient Reserves to support any and all of its Generation resources at all times that Seward is operating its Generation Resources in parallel with Chugach's Generation Resources. (c) The Parties shall meet and confer regarding potential modifications to this Section 6.5 in the event of a material increase to Seward's Total System Demand as a result of a new large commercial customer coming onto Seward's system. 6.6 Voltaize. The Electric Power provided hereunder shall be three-phase, alternating current, at nominal voltages ± 5% under normal conditions and ± 10% under emergency conditions. All Parties shall endeavor to maintain proper phase voltage balance on their respective systems. If a problem with voltage occurs, all Parties will use their reasonable best efforts to correct such problems. 6.7 Frequency. Chugach shall use its reasonable best efforts to maintain its system frequency at 60 hertz averaged over each twenty-four (24) hour period. SECTION 7. METERING 7.1 Performance of Meter Testinti. With respect to metering equipment, the Parties shall each: (a) make or provide for biennial tests and inspections of all meters and recorders used for billing purposes under this Agreement in order to maintain a commercial standard of accuracy; (b) restore to a commercial standard of accuracy any meters found to be inadequate or inaccurate; and Page 9 of 17 87 (c) provide the other Party with the results of any such test or inspection that shows any inaccuracy more than 0.5 percent slow or fast. 7.2 Notice of Meter Testing. Each Party shall provide the other Party with written notice at least one (1) week prior to the performance of any meter tests or inspections. Each Party shall be permitted to have representatives present at such meter tests and inspections. 7.3 Right to Request Additional Meter Testing. Each Party shall make or provide for additional tests of its meters and recorders at the request of the other Party and in the presence of representatives of the requesting Party. The cost of any additional test requested by such Party shall be borne by the Party owning the equipment if such test shows a meter or recorder is inaccurate by more than 0.5 percent slow or fast. 7.4 Correction of Meter Errors. Metering errors shall be corrected in the manner applicable to utilities and wholesale customers prescribed in 3 AAC 52.465(d) and (e), as amended from time to time. SECTION 8. FORCE MAJEURE No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such Party's ("Impacted Party") failure or delay is caused by or results from an Uncontrollable Force. The Impacted Party shall give notice to the other Party within three (3) days of the Uncontrollable Force event, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Uncontrollable Force event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 8, the other Party may thereafter terminate this Agreement upon ten (10) days' written notice. Seward shall be responsible for meeting its own Electric Power needs when Chugach is unable to supply Electric Power as a result of an Uncontrollable Force. SECTION 10. INDEMNIFICATION AND LIMITATION OF LIABILITY 10.1 Indemnification. Each Party (as "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party, and its managers, officers, directors, representatives, agents, employees, contractors, affiliates, and successors and assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are incurred by Indemnified Party (collectively, "Losses"), to the extent arising out of any third -party claims alleging: Page 10 of 17 88 (a) material breach by, or non -fulfillment of any provision of this Agreement binding on, the Indemnifying Party or Indemnifying Party's representatives, as applicable; (b) any negligent or more culpable act or omission of Indemnifying Party (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or (d) any failure by Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. 10.2 Notice. Defense. and Settlement of Legal Proceedin2. (a) If any legal proceeding shall be instituted, or any claim or demand made, against any Indemnified Party with respect to which the Indemnifying Party may be liable hereunder, the Indemnified Party shall give prompt written notice thereof, within thirty (30) days thereof by certified mail, return receipt requested, and promptly deliver a true copy of any summons or other process, pleading or notice to the Indemnifying Party. (b) In any action in which there is no reasonable possibility of joint liability of the Parties to this Agreement, the Indemnifying Party shall have the absolute right, at its sole expense and without the consent of the Indemnified Party, to defend and settle any such legal proceeding, claim or demand. However, the Indemnifying Party shall give notice, if possible, to the Indemnified Party of any proposed settlement. In no event shall the participation of the Indemnified Party in the defense and settlement of any legal proceeding claim or demand, interfere with or alter the Indemnifying Party's absolute right to control the defense and/or settlement of the legal proceeding, claim or demand. The Indemnified Party may, if it sees fit, participate in defense of any such legal proceeding, at its own expense. (c) Where joint liability of both Parties to this Agreement is a reasonable possibility, no Party which has exposure to joint liability shall be limited in their participation in the action. (d) If the Indemnified Party, without the prior consent of the Indemnifying Party (which consent, if requested, shall not be unreasonably withheld), makes any settlement with respect to any such legal proceeding, claim or demand, the Indemnifying Party shall be discharged of any liability hereunder with respect thereto. (e) The Indemnifying Parry shall pay all reasonable costs incurred by the Indemnified Party in any successful enforcement of this indemnity. 10.3 No Consequential or Indirect Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY OR ANY OF ITS Page 11 of 17 89 REPRESENTATIVES SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (STATUTE, CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE FOREGOING LIMITATIONS ON LIABILITY OR DAMAGES LIMIT THE LIABILITY OF ANY PARTY TO ANY OTHER PARTY FOR THIRD -PARTY CLAIMS FOR WHICH INDEMNIFICATION IS REQUIRED. SECTION 11. INSURANCE Each Party agrees to use its best efforts to obtain and maintain in full force and effect during the term of this Agreement, adequate insurance with responsible insurers as may be required by law. SECTION 12. DEFAULT AND DISPUTE RESOLUTION 12.1 Notice of Default. Upon failure of any Party to perform any obligation hereunder, the Party or Parties to whom such performance is due shall make demand in writing upon the defaulting Party. If such failure, other than a failure to pay Chugach when such payment is due, is not cured within thirty (30) days from the date of such demand it shall constitute a default at the expiration of such period. Chugach's bills to Seward shall constitute written demands for payment for purposes of this Section and Seward shall be considered to be in immediate default of their payment obligations if such bills are not fully paid within 10 days after they are due. 12.2 Performance Pending Resolution of Dispute. Pending resolution of any dispute, each Party shall continue to perform its obligations under this Agreement, including the obligations to deliver and receive Electric Power and the obligation to pay bills submitted by Chugach for such Electric Power. All Parties shall be entitled to seek immediate judicial enforcement of this continued performance obligation notwithstanding the existence of a dispute. Application for such enforcement shall be made to the Superior Court for the State of Alaska, in Anchorage. 12.3 Consultation to Resolve Disputes. After notice is delivered and before default occurs under Section 12.1 the Parties shall in good faith endeavor to meet promptly and to resolve any dispute through good faith negotiation. If a Party has met its obligation of good faith under this Section 12.3, and if the dispute has not been resolved before default occurs, than that Party shall be entitled at any time thereafter to seek immediate judicial enforcement of this Agreement in the Superior Court for the State of Alaska, in Anchorage, by bringing any suit, action or proceeding, at law or in equity, including without limitation mandamus, injunction, damages and action for specific performance, as may be necessary or appropriate to enforce any covenant, agreement or obligation of this Agreement. Page 12 of 17 90 12.4 Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 12.4. SECTION 13. RIGHT OF ACCESS AND REMOVAL Each Parry will have access to the premises, facilities, or property of the other Party at all reasonable times for any purpose necessary or appropriate to the performance of this Agreement. Upon termination of this Agreement in accordance with the provisions hereof, each Party will remove any property or equipment which it may have installed on the premises of the other Party for any purposes hereunder. Seward shall provide Chugach with access to existing metering or allow Chugach to install any metering and equipment necessary or convenient to allow Chugach to track Seward's load and generation during periods of interruption of service from Chugach. SECTION 14. MISCELLANEOUS 14.1 Waiver. Any waiver at any time by any Party to this Agreement of its rights with respect to any default of the other Parry hereto, or with respect to any other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any prior or subsequent default,right, or matter. 14.2 Severabilitv. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effectuate the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. Page 13 of 17 �yi 14.3 Assignment. (a) General. Neither Party may assign any of its rights hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment in violation of this Section shall be null and void. No assignment shall relieve the assigning Party of any of its obligations hereunder. (b) Assignment for Security. Notwithstanding Section 14.3(a), a Party, without the other Party's consent, may assign, transfer, mortgage, or pledge its interest in this Agreement as security for any obligation secured by an indenture, mortgage, or similar lien on its system assets without limitation on the right of the secured Party to further assign this Agreement; provided, however, that no such assignment shall relieve such Party of any obligations hereunder. 14.4 Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 14.5 No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 14.6 Notices. Except as provided in Section 3.5(a), all notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre -paid). Notices must be sent to the respective Parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section 14.6): If to Chugach: Chugach Electric Association, Inc. 5601 Electron Drive Anchorage, AK 99518 Email: Lee_Thibert@chugachelectric.com Attention: Lee Thibert, Chief Executive Officer with a copy to: Chugach Electric Association, Inc. 5601 Electron Drive Anchorage, AK 99518 Email: Matthew_Clarkson@chugachelectric.com Attention: Matthew Clarkson, EVP, General Counsel Page 14 of 17 rya If to Seward: City of Seward PO Box 167 Seward, AK 99664 Email: rmontgomery@ityofseward.net Attention: Rob Montgomery, Director, Seward Electric with a copy to: Boyd, Chandler & Falconer, LLP 911 W. 8ch Ave 9302 Anchorage, AK 99501 Email: Bchandler@bcfaklaw.com Attention: Brooks Chandler, Seward City Attorney 14.7 Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto and approved by appropriate governing boards and regulatory agencies. 14.8 Entire Agreement. This Agreement, together with any other documents and exhibits incorporated herein by reference , constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 14.9 Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 14.10 Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. 14.11 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alaska without giving effect to any choice or conflict of law provision or rule (whether of the State of Alaska or any other jurisdiction). 14.12 Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employer/employee or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. 14.13 Regulatory Approval. It is the Parties understanding that this Agreement, as a wholesale power agreement between public utilities governed by AS 42.05.431(b), will not take effect without the prior approval of the Commission, and will at all times after any such approval be subject to the Commission's continuing authority over wholesale power agreements. Page 15 of 17 93 14.14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. SECTION 15. DEFINITIONS The following terms, when used in the Agreement and Exhibits hereto, shall have the meanings specified. "Electric Power" means electric energy or electric capacity or both but does not include reserve generation capacity. Where the context of this Agreement requires a distinction, electric energy is expressed in kilowatt hours (kWh) or megawatt hours (MWh), and electric capacity is expressed in kilowatts (kW) or megawatts (MW). "Eligible Non -Utility Generation" means electric generation from one or more of the following sources: (a) Solar photovoltaic and solar thermal energy; (b) Wind energy; (c) Biomass energy, including landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (d) Hydroelectric, geothermal, hydrokinetic energy or ocean thermal energy; or (e) Other sources that generally have similar environmental impacts. "Generation and Transmission Resources" or separately "Generation Resources" or "Transmission Resources" means all existing and future facilities (whether or not operable, and whether or not operating) used by Chugach for generation and/or transmission of electric power, including, in addition to physical generation and/or transmission facilities and facilities associated with the provision of fuel for electric power generation, Chugach's rights and obligations to obtain (by purchase, wheeling, or otherwise) electric power generated by other entities or fuel for the generation of electric power by Chugach, to the extent that the costs of such facilities and rights are allowably included in the rates charged to Chugach's retail consumers. "Production Reserve Costs" means those costs allocated to that portion of Chugach's power production capacity that represents available power production capacity (including contract power purchases, but not emergency power purchases) in excess of Chugach's system peak requirements. "Prudent Utility Practice" means at a particular time any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry at such time, Page 16 of 17 94 or which in the exercise of reasonable judgment in light of facts known at such time, could have been expected to accomplish the desired results at the lowest reasonable cost consistent with good business practices, reliability, safety and reasonable expedition. Prudent Utility Practice is not required to be the optimum practice, method, or act to the exclusion of all others, but rather to be a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. Prudent Utility Practice includes due regard for manufacturer's warranties and the requirements of governmental agencies of competent jurisdiction and shall apply not only to functional parts of the Parties' generation, transmission, and distribution facilities, but also to appropriate structures, landscaping, painting, signs, lighting and other facilities. "Reserves" means the Electric Power needed to avert shortages of capacity and/or energy for the benefit of retail or wholesale consumers that a utility system is obligated to serve and which is available to that system either from facilities or from purchases or other arrangements, which such system is contractually entitled to rely upon for such purposes. "Small Power Project" means an Eligible Non -Utility Generation facility that has a nameplate capacity of greater than 25 M, but not greater than 500 M, is not a net metered generation system, and sells its electric output to Seward "Total System Demand" means the Seward demand (regardless of whether Seward is receiving power from Chugach or its own generation) registered during that 15-minute interval for each month in which the sum of each of the following is greatest in that month: (1) the demands metered at the delivery points described in Section 3.6, and (2) the demand on all Seward generation. Seward shall permit Chugach to install, or cause to be installed, suitable metering and registration equipment on its facilities. "Uncontrollable Force" means any cause beyond the control of a Party hereto and which by the exercise of due diligence that Party is unable to prevent or overcome, including but not limited to an act of God, fire, flood, volcano, epidemic, pandemic, earthquake, explosion, sabotage, an act of the public enemy, civil or military authority, including court orders, injunctions and orders of governmental agencies of competent jurisdiction, insurrection or riot, an act of the elements, failure of equipment, or the inability to obtain or ship equipment or materials because of the effect of similar causes on carriers or shippers. Strikes, lockouts, and other labor disturbances shall be considered Uncontrollable Forces, and nothing in this Agreement shall require either Party to settle a labor dispute against its best judgment; provided, that during any labor dispute all Parties shall make all reasonable efforts under the circumstances, including, to the extent permitted by law, the use of replacement personnel and/or management personnel and/or other personnel under the provisions of a mutual aid agreement, to ensure, if possible, the continued ability of the Parties to produce, deliver, receive, and distribute the Electric Power that is the subject matter of this Agreement. Page 17 of 17 4 EXHIBIT A AGREEMENT FOR JOINT USE OF FACILITIES This Agreement for Joint Use of Facilities ("2022 JU Agreement"), dated as of August 2021, is entered into by and between Chugach Electric Association, Inc., an Alaska non-profit electric cooperative corporation, having its offices at Anchorage, Alaska ("Chugach") and the City of Seward, Seward Electric System ("Seward") having its offices at Seward, Alaska. Chugach and Seward may hereinafter be referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the Parties entered into that certain Joint Use Agreement, renewed and effective February 27, 2007, pursuant to Order U-06-056(6) ("2007 JU Agreement"); WHEREAS, pursuant to the 2007 JU Agreement, Chugach's distribution circuits were transferred from Chugach's then existing poles located in the right-of-way between Daves Creek and Lawing substation to Seward's newly constructed poles located in a new right-of-way covering the same corridor ("Seward Poles"); WHEREAS, pursuant to the 2007 JU Agreement, Chugach owns and operates the distribution underbuild and associated pole attachments ("Chugach Facilities") and Seward owns and operates the 115 kV transmission line ("Seward Facilities") and the Seward Poles (collectively "Poles and Facilities"); WHEREAS, the Chugach and Seward Facilities are more specifically described in Attachment 1; WHEREAS, the Parties wish to continue their joint use of the Seward Poles on the terms and conditions described herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT Section 1. Scope and Specifications (a) The Chugach and Seward Facilities subject to and permitted under this 2022 JU Agreement shall be as specified in Attachment 1. (b) The Poles and Facilities shall at all times conform to the requirements of the latest edition of the National Electric Safety Code and any subsequent amendments or revisions thereto ("NESC"), and any other applicable rules, regulations, orders, laws, or ordinances. Section 2. Term and Termination (a) The term of this 2022 JU Agreement shall commence on the Effective Date of the 2022 Wholesale Power Contract to which this 2022 JU Agreement is attached as Exhibit A and shall continue in full force and effect for twenty-five (25) years from the Effective Date, unless extended by mutual agreement of the parties. Page 1 of 9 41- EXHIBIT A (b) The termination of this 2022 JU Agreement shall not terminate the access rights of Chugach to the rights -of -way which it is party to between Daves Creek and Lawing substations. The termination of this 2022 JU Agreement shall not terminate the right of Chugach to have the Chugach Facilities attached to the Seward Poles. It is the intent of this provision that any termination of this 2022 JU Agreement not be interpreted to terminate either Chugach's access rights to the rights -of -way, both public and private, which it has possessed during the course of this 2022 JU Agreement or Chugach's right to have its distribution underbuild attached to the Seward Poles. Section 3. Compensation The Parties agree that Chugach will pay no costs or rental fees to Seward for the right to attach facilities to the Seward Poles except for those costs set forth elsewhere in this 2022 JU Agreement. Section 4. Rights -of -Way (a) Chugach shall be named as an additional Parry to the Seward rights -of -way within which the Seward Poles are located. (b) The Parties agree to abide by the terms and conditions of any such rights -of -way. Section 5. Maintenance of Poles and Facilities (a) General. i. Chugach shall maintain the Poles and Facilities in a safe and serviceable condition and in accordance with the requirements of the NESC, and any other applicable rules, regulations, orders, laws, or ordinances. ii. Chugach shall replace, reinforce, or repair the Seward Poles when Chugach, in its sole discretion, determines that such poles have become unsafe or unsuitable for their intended purpose. iii. Whenever it is necessary for Chugach to replace a Seward Pole, Chugach shall, before making such replacement, give thirty (30) days' advance written notice to Seward (except in the case of emergency when verbal notice will be given and subsequently confirmed in writing) specifying the time and estimated cost of such replacement. iv. Chugach shall maintain at all times, itself or by agreement with a Qualified Contractor, the capability, twenty-four (24) hours a day, seven (7) days a week, to respond in a reasonably immediate fashion to any emergency situations brought to Chugach's attention. Seward shall notify Chugach of emergency situations brought to its attention by calling Chugach's Dispatch Center at 907-762-4661 or 907-762-4660. Such verbal notice shall be followed -up with a written notification to Chugach describing the emergency situation and specifying the date and time when the required verbal notification was given to Chugach. A "Qualified Contractor" means a contractor who possesses the necessary licenses, experience, equipment, and certificates of fitness to perform such work. Page 2 of 9 97 EXHIBIT A V. Chugach shall, in the performance of its responsibilities under this Section 5(a), attempt in good faith to minimize to the extent reasonably possible any disruption in the services provided by Seward's Facilities. Where maintenance work, emergency or otherwise, necessitates interruption in services provided by the Seward Facilities, such maintenance shall be performed in such a manner so as to minimize to the extent reasonably possible the interruption in services. Chugach shall notify Seward in advance both orally and in writing of such planned maintenance work. Seward shall have the right to review and approve the plan for any maintenance work that will necessitate an interruption in services from the Seward Facilities. Such right of review and approval shall be exercised in a reasonable manner. vi. Seward shall notify Chugach of any unreasonable disruption in service caused by Chugach's maintenance of the Poles and Facilities. If the service disruption is not corrected by Chugach within a reasonable period of time relative to the circumstances, Seward shall be allowed to perform such work as is necessary to remedy the unreasonable disruption in services. vii. All necessary right-of-way maintenance and clearing activities related to the Poles and Facilities from Daves Creek substation to the metered delivery point south of Lawing substation shall be performed by a Qualified Contractor mutually agreed to and jointly contracted by the Parties. (b) Costs and Billing. i. Chugach shall be solely responsible for the cost of right of way clearing, repairing, maintaining, and replacing the Chugach Facilities. ii. Seward shall be solely responsible for the cost of right of way clearing, repairing, maintaining, and replacing the Seward Poles and Seward Facilities. iii. Costs incurred by Seward in connection with any work it performs under Section 5(a)vi to restore an unreasonable disruption of service shall be billed to and paid by Chugach. Chugach shall remit payment to Seward within thirty (30) days of receipt of such bills. iv. Chugach shall bill Seward monthly for any costs to be paid by Seward that are incurred by Chugach in the performance of its obligations under this 2022 JU Agreement. Seward shall remit payment to Chugach within thirty (30) days of receipt of such bills. Section 6. Third Party Attachments (a) No third -party attachments to the Seward Poles shall be permitted absent Chugach's prior written consent, such consent not to be unreasonably withheld. (b) No third -party attachments to the Seward Poles shall be permitted absent the third-party's agreement to maintain its attachment in accordance with the specifications and requirements of this Agreement. Section 7. Future Modifications (a) When either Party desires to change the character of its circuits, such Party will give thirty (30) days advance written notice to the other Party of such contemplated change in the character Page 3 of 9 98 EXHIBIT A of its circuits. Any such change in the character of the circuits shall require the concurrence of both Parties, and such concurrence shall not be unreasonably withheld. All construction changes required to accommodate the new circuits shall meet the specifications and requirements contained in this 2022 JU Agreement. (b) If the change in the character of the circuits requires pole replacements for the sole benefit of Seward, Seward will be responsible for the setting of such poles and the attachment of its facilities to the new poles. Chugach will be responsible for the attachment of its facilities to the new poles, but Seward will reimburse to Chugach the reasonable costs associated with such attachment. (c) If the change in the character of the circuits requires pole replacements for the sole benefit of Chugach, Chugach will be responsible for the setting of such poles and the attachment of Seward's and Chugach's facilities to the new poles. Seward will reimburse Chugach for the reasonable costs associated with the attachment of Seward's facilities to the new poles, but not the costs of setting the new poles. Section 8. Abandonment and Relocation (a) If Seward desires at any time to abandon any Seward Pole, it shall give Chugach sixty (60) days advance written notice prior to the date on which Seward intends to abandon such pole. If at the expiration of such period Seward shall have no attachments on such pole but Chugach shall not have removed all of its attachments therefrom, such pole shall thereupon become the property of Chugach, and Chugach shall hold Seward harmless from all obligation, liability, damages, costs, expenses or charges incurred thereafter but not arising out of or related to events occurring or conditions existing prior to Chugach taking ownership of such pole; and shall pay Seward for such pole an amount as may be mutually agreeable to both Parties. Seward shall further evidence transfer to Chugach of title to the pole by means of a bill of sale. (b) Chugach may at any time abandon use of a Seward Pole by giving reasonable notice thereof in writing to Seward and removing therefrom any and all attachments it may have thereon. (c) Should any of the Seward Poles have to be relocated at the direction of any authorized federal, state, or local governmental entity, Seward shall, before making such relocation, give Chugach reasonable advance written notice specifying the date and time such relocation is to be completed. Chugach shall at the time so specified transfer its attachments to the relocated pole. In the event that Seward is reimbursed from any governmental entity for the costs of the relocation of the pole and the attachments thereon, Chugach will be entitled to a proportionate share of that reimbursement. Chugach's share of the reimbursement shall be computed as a product of the amount of reimbursement received from the governmental entity multiplied by the ratio of Chugach's costs of relocation of its facilities to the total cost to Chugach and Seward for the relocation of their facilities. Page 4 of 9 99 EXHIBIT A Section 9. Damage Reports, Liability, Indemnification/Contribution (a) Damage Reports. The Parties shall each make an immediate report to the other of any damages caused by the reporting Party to the other Party's facilities (and those of any other parties on the pole). (b) Limitation of Liability. LIABILITY UNDER THIS 2022 JU AGREEMENT IN TORT OR FOR BREACH OF CONTRACT OR OTHERWISE AS BETWEEN THE PARTIES FOR DAMAGES TO PROPERTY OF THE PARTIES, NOT INVOLVING CLAIMS OF THIRD PARTIES, SHALL BE AS FOLLOWS: i. SEWARD SHALL BE LIABLE TO CHUGACH FOR THE REASONABLE COSTS FOR THE PHYSICAL REPAIR OF CHUGACH FACILITIES DAMAGED BY THE NEGLIGENCE OF SEWARD, BUT SEWARD SHALL NOT BE LIABLE FOR ANY INTERFERENCE WITH THE OPERATION OF CHUGACH'S FACILITIES OR FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES TO CHUGACH ARISING IN ANY MANNER. ii. CHUGACH SHALL BE LIABLE TO SEWARD FOR THE REASONABLE COSTS FOR THE PHYSICAL REPAIR OF SEWARD FACILITIES DAMAGED BY THE NEGLIGENCE OF CHUGACH, BUT CHUGACH SHALL NOT BE LIABLE FOR ANY INTERFERENCE WITH THE OPERATION OF SEWARD'S FACILITIES OR FOR ANY SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES TO SEWARD ARISING IN ANY MANNER. (c) Indemnification. Each Party (as "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party, and its managers, officers, directors, representatives, agents, employees, contractors, affiliates, successors and assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and reasonable attorneys' fees, that are incurred by Indemnified Party (collectively, "Losses"), to the extent arising out of any third party claims alleging: i. material breach by, or non -fulfillment of any provision of this Agreement binding on, the Indemnifying Party or Indemnifying Party's representatives, as applicable; ii. any negligent or more culpable act or omission of Indemnifying Party (including any reckless or willful misconduct) in connection with the performance of its obligations under this 2022 JU Agreement; iii. any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct); or iv. any failure by Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement. Page 5 of 9 100 EXHIBIT A Section 10. Collective Bargaining Agreements Neither Party will cause or require the other Party to violate any applicable collective bargaining agreement. Section 11. Insurance Each Party agrees to use its best efforts to obtain and maintain in full force and effect during the term of this 2022 JU Agreement, adequate insurance with responsible insurers as may be required by law. Section 12. Force Majeure No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such Party's ("Impacted Party") failure or delay is caused by or results from an Uncontrollable Force. The Impacted Party shall give notice to the other Party within three (3) days of the Uncontrollable Force event, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Uncontrollable Force event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section 12, the other Party may thereafter terminate this Agreement upon 30 days' written notice. "Uncontrollable Force" means any cause beyond the control of a Party hereto and which by the exercise of due diligence that Party is unable to prevent or overcome, including but not limited to an act of God, fire, flood, volcano, epidemic, pandemic, earthquake, explosion, sabotage, an act of the public enemy, civil or military authority, including court orders, injunctions and orders of governmental agencies of competent jurisdiction, insurrection or riot, an act of the elements, failure of equipment, or the inability to obtain or ship equipment or materials because of the effect of similar causes on carriers or shippers. Strikes, lockouts, and other labor disturbances shall be considered Uncontrollable Forces, and nothing in this Agreement shall require either Party to settle a labor dispute against its best judgment; provided, that during any labor dispute all parties shall make all reasonable efforts under the circumstances, including, to the extent permitted by law, the use of replacement personnel and/or management personnel and/or other personnel under the provisions of a mutual aid agreement, to ensure, if possible, the continued ability of the parties to perform under this 2022 JU Agreement. Page 6 of 9 `uz EXHIBIT A Section 13. Miscellaneous (a) Waiver. Any waiver at any time by any Party to this Agreement of its rights with respect to any default of the other Party hereto, or with respect to any other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any prior or subsequent default, right or matter. (b) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effectuate the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. (c) Assignment. i. General. Neither Party may assign any of its rights hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment in violation of this Section shall be null and void. No assignment shall relieve the assigning Party of any of its obligations hereunder. ii. Assignment for Security. Notwithstanding Section 13(c)(i), a Party, without the other Party's consent, may assign, transfer, mortgage, or pledge its interest in this Agreement as security for any obligation secured by an indenture, mortgage, or similar lien on its system assets without limitation on the right of the secured Party to further assign this Agreement; provided, however, that no such assignment shall relieve such Party of any obligations hereunder. (d) Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (e) No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. (f) Notices. Except as provided in Section 5(a)(iv), all notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre -paid). Notices must be sent to the respective parties at the following addresses (or at such other address for a Party as shall be specified in a Notice given in accordance with this Section 13(f)): Page 7 of 9 Illy: EXHIBIT A If to Chugach: Chugach Electric Association, Inc. 5601 Electron Drive Anchorage, AK 99518 Email: Lee_Thibert@chugachelectric.com Attention: Lee Thibert, Chief Executive Officer with a copy to: Chugach Electric Association, Inc. 5601 Electron Drive Anchorage, AK 99518 Email: Matthew_Clarkson@chugachelectric.com Attention: Matthew Clarkson, EVP, General Counsel If to Seward: City of Seward PO Box 167 Seward, AK 99664 Email: rontgomery@cityofseward.net Attention: Rob Montgomery, Director, Seward Electric with a copy to: Boyd, Chandler & Falconer, LLP 911 W. 8th Ave 9302 Anchorage, AK 99501 Email: Bchandler@bcfaklaw.com Attention: Brooks Chandler, Seward City Attorney (g) Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto and approved by appropriate governing boards and regulatory agencies. (h) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. (i) Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 0) Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. (k) Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alaska Page 8 of 9 EXHIBIT A without giving effect to any choice or conflict of law provision or rule (whether of the State of Alaska or any other jurisdiction). 0) Relationship of the Parties. Nothing herein shall be construed to create a j oint venture or partnership between the parties hereto or an employer/employee or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third Party. (m) Regulatory Approval. This Agreement shall only become effective upon approval by the RCA and shall at all times remain subject to revision by the RCA. (n) Taxes. Each Party shall pay all taxes and assessments lawfully levied on its own property upon the Seward Poles, and the taxes and assessments which are levied on the Seward Poles shall be paid by Seward, but any tax, fee, or charge levied on Seward's Poles solely because of their use by Chugach shall be paid by Chugach. (o) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. In witness whereof, the Parties have executed this 2022 JU Agreement the date first written above. Chugach Electric Association, Inc. City of Seward d/b/a Seward Electric System Add ATTEST for City Clerk Page 9 of 9 104 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2021-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SEWARD, ALASKA AND THE SEWARD PUBLIC EMPLOYEES ASSOCIATION (SPEA) EFFECTIVE JANUARY 1, 2022 AND ENDING DECEMBER 31, 2022 WHEREAS, on March 27, 2018, Resolution 2018-024 authorized a union representation election to take place and determined which staff positions would be eligible to be included in the Seward Public Employees Association (SPEA); and WHEREAS, on March 11, 2019, the Seward City Council voted to authorize the city manager to enter into an agreement with the Alaska Public Employees Association (APEA), also known as the Seward Public Employees Association (SPEA), effective January 1, 2019; and WHEREAS, the current contract between the City of Seward and SPEA, approved by Resolution 2019-027, will expire on December 31, 2021; and WHEREAS, on June 17 and 18, 2021, negotiation teams for the City of Seward and SPEA met to negotiate a one-year contract for the period of January 1, 2022 through December 31, 2022; and WHEREAS, on July 16, 2021, the membership of SPEA voted to approve the proposed contract which is now coming to council for ratification. 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 the Seward Public Employees Association for the period of January 1 — December 31, 2022, in substantially the form as attached herein. Section 2. This contract shall go into effect on January 1, 2022. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9tn day of August, 2021. `111.7 City Council Agenda Statement Meeting Date: August 9th, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Approval of the Contract Between the City of Seward and the Seward Public Employees Association Background and justification: The current contract between the City of Seward and Seward Public Employees Association (SPEA) is scheduled to expire on December 3151, 2021. SPEA membership eligibility includes employees in every City Department and has been in existence since the first contract which went into effect on January 1 ", 2019. Negotiations for the new contract took place on June 17`h and l 8'h. This will be the second contract between the City of Seward and SPEA. Based upon the current financial uncertainty due to the COVID-19 pandemic, both parties agreed to a one-year contract with the intention of negotiation a multi -year contract in 2022. Intent: To provide for an agreement between the City of Seward and Seward Public Employees Association covering all SPEA members from January 1 ", 2022 to December 31 "', 2022. Consistency checklist: Yes No NIA 1. Comprehensive Plan: XXXX. X 2. Strategic Plan: XXXX X 3. Other: X Fiscal note: No fiscal impact in 2021 and no additional appropriations needed in 2021. Fiscal changes, as a result of contract changes, will be addressed, appropriated, and absorbed within department budgets for 2022. Funding is from: Individual department personnel budgets Finance Attorney Review: Yes © No Not applicable D Recommendation 1Gl:1 City Council approve Resolution 2021-086., approving the agreement covering terms and conditions of employment between the City of Seward, Alaska and the Seward Public Employees Association effective January 1, 2022 and ending December 31, 2022. Res2021-086 January 1 - December 31, 2022 ARTICLE 1 PREAMBLE AND PURPOSE This Agreement is made and entered into between the City of Seward, hereinafter referred to as the "City," and the Seward Public Employees Association, referred to as the "Union." The purpose of this Agreement is to set forth the terms and conditions of employment with the City and to promote orderly and peaceful labor relations. The parties recognize that the interests of the community and the job security of the Employees depend upon the City"s success in establishing proper and cost-efficient service to the community. To these ends, the City and the Union encourage, to the fullest degree, friendly and cooperative relations between their respective representatives at all levels and among all Employees. The parties also agree that it is their mutual intent to maintain and strengthen the merit principles in the bargaining unit. `[IN ARTICLE 2 RECOGNITION AND MANAGEMENT RIGHTS 2.1 Recognition & Rights The City recognizes the Union as the sole bargaining agent for and exclusive representative of those Employees whose job classifications are set out in Appendix A to this Agreement and have not elected to opt out of representation for collective bargaining with respect to salaries, wages, hours, and other terms and conditions of employment. The City shall not negotiate, confer, or handle grievances with any Employee organization other than the Union or its designee on matters concerning unit members of the Seward Public Employees Association. 2.2 Excluded Positions This Agreement excludes from the bargaining unit and does not include any Employee who has exercised their right to be governed exclusively by Titi:� -of-the by the City Code and the following classifications: Assistant City Manager, Executive Assistant to the City+ ManagerF=XeGwt ve Lia4son, Finance Director, Deputy Finance Director, Systems IT Manager, Deputy City Clerk, Accounting Supervisor, Personnel Officerl-luman Resource Of, cef, Planner, Police Chief, Police LieutenantDeputy Chief, Police Executive Assistant, Fire Chief, Deputy Fire Chief, Public Works Director, Street Foreman, Parks and Recreation Director, Park and Campground Operations Supervisor, Library Director, Library and Museum Program Coordinator, Harbormaster, Deputy Harbormaster. 2. If SPEA deems an excluded position should be included in SPEA a Unit Clarification Petition will be submitted to the Alaska Labor Relations Agency A�). 2.3 Purpose of Bargaining The City and the Union now enter into an Agreement reached through collective bargaining which will have the following purposes: 1. To promote fair, reasonable, consistent, and safe working conditions. 2. To recognize the legitimate, reasonable employment -related interests of the Union to participate through collective bargaining in the determination of the terms and conditions of Employees` employment with the City. 3. To promote harmonious relations between the City and the Union. `[IN 4- To promote individual efficiency in service to the citizens of the City of Seward. 5. To avoid any interference with efficient and safe operation of the City of Seward. 6. To provide a basis for the adjustment of any matter of mutual interest by means of amicable discussion. 7. To contribute to the continuation of good Employee relations and to be in all respects in the best public interest. 2.4 Alaska Labor Relations Agency (ALRA) Both parties recognize that the Alaska Labor Relations Agency (ALRA) retains its authority to determine bargaining unit assignments. New positions and/or classifications created by the Employer shall be placed in the appropriate bargaining unit consistent with prior ALRA rulings. The SPEA shall be notified of all new fob classifications created, or revisions to existing classifications, within ten (10) working days of such action. The notification shall include a _copy of the job class specifications. Notification shall be via email and iob Glass specification shall be attached. No filled position shall be removed from this bargaining unit without written notification to SPEA. If SPEA does not file a written petition with the ALRA challenging the proposed bargaining unit change within fifteen (115) working days of receipt of the notice to SPEA the Employer is free to take the proposed action. No filled position shall be changed to exempt or partially exempt status without at least thirty (30) calendar days' notice to SPEA prior to submitting the request to ALRA. Concurrent with the notice, the Employer shall provide a written explanation of the transfer request to SPEA. _ _ __The •, + ►..Q � T;+eg.-skull ir�tly-deter+�r C.--whether--,any--new_cam re6a&6if ,pGs4ien is to-be-iF�Glud",exGKied--frem- he -Bargaining Unit, sa j t to o++rrsil apprgval.- k€ the-par-ties<agree` hat--floe-posAtiQn-is-preper4y inked-wthin '-the-Bargaining Unit,-- ,e-�Gnpel-r rds w4 -se a r-►+aetatec�- 2—. bin"g 2.5 Management Rights IsM It is recognized that the Employer retains the right, except otherwise expressly provided in this Agreement, to manage the affairs of the City of Seward and to direct its workforce. Such functions of the Employer include, but are not limited to the following: 1. Determine the overall mission and purpose of the City. 2. Determining the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted and the priorities therefor. 3. Determine the overall methods, processes, means, jot} classification and descriptions, work schedules, work assignments, and personnel by which the work of the City is to be conducted, 4. Direct, supervise, hire, recruit, select, promote, train, evaluate, transfer within a job classification, assign, and schedule Employees. 5. Discipline Employees for just cause 6. Lay off Employees from duties because of lack of work or funds or under conditions where the City determines that continued work would be inefficient or nonproductive. 7_ Establish reasonable work rules, assign the hours of work, and assign Employees to shifts of its designation, 8. Adopt policies, regulations, educational programs, safety programs, and any other measurers, not in conflict with this Agreement, necessary to assure the efficient and effective operations of the City. 9. Contract out work if no Employee covered by this Agreement will be laid off or have their hours of work cut. 10. Develop and/or modify job descriptions. 2.6 Contracting Work It is the general policy of the City to continue to utilize its Employees to perform the work they are qualified to perform. However, the City reserves the right to contract out any work it deems necessary, in the interest of efficiency, improved work product, economy, or emergency, as long as no Employee covered by this Agreement will be laid off or have their hours of work cut. ISE ARTICLE 3 UNION MEMBERSHIP AND DUES 3.1 Membership Requirements 1. Upan-fifty--r.©unci'I- apprflval-vf--thic Agfeefnewt,-afl-ehgible--€mpleyees shall -be allo ;} er1 -(I 0)-day&4o opt- obit -of Uv)iofi--cep eseptation an -Go+i rinua-tG-have the' — ym&*governed by (meter-3-of-th"eward-C4y-Gode; newly -fired eligible-emplGyees-shall-also be4lowed-tern (4D)--days to- exerstse-the--sam option.--- Any eligible Employee who is or becomes a member of the Union during the life of this Agreement shall remain a member during the term of the Agreement, except that such individual may withdraw from membership upon serving thirty (30) calendar days written notice to the Union and Employer. Any employee who later decides to join the Union may only opt out during either the thirty (30) calendar day period immediately preceding the annual anniversary date or the scheduled termination date of this Agreement, or the thirty (30) calendar day period immediately preceding the anniversary date of the individual's most recent official Membership Application and Dues Deduction Authorization form(s). No employee may join the Union while subject to an active disciplinary investigation or has a reasonable belief that a disciplinary investigation is imminent; during the grievance process; or for the purpose of filing a grievance. Wimthir� teff-40)`wGiking days hir7'ir`^'q'Ya new-Emp4oyee-GG we"y— !4s Agre�- t; Gity-shal Ro4fy--the-I4-RiGn-in,-writing--ot-#iL-name, address; and- fob^titte-of- heflew-€-rnp-loyee:-T*�eArriofl-shall-previde the €mployee-with-a-copy-o&-tt4is--Agreement- 2. The City will provide the name, personal email, personal phone number, address, and iob title of a new eligible Employee twenty-four (24) hours before the new Employee's start date. The new Employee will have ten (10) working days from their start date to opt -in or out of the Union. The Union shall provide the Empiovee with a copy of this Agreement. The City will provide the Union with a copy of the membership form and/or opt -out form 3.2 Dues/Fees Upon written authorization of an Employee on a form provided by the Union, the {City shall deduct from the Employee's paycheck the monthly amount of union dues or agency fees and transmit such amount to the Union. 1. Membership Dues: Membership dues and fees for Employees who join the Union shall be collected in accordance with the bylaws of the Union. 2. Volunta_ry Agency Fees: Employees covered by this Agreement who choose to become a Voluntary Agency Fee Payer shall have such fees collected in accordance with the bylaws of the Union. "v: 3.3 Payroll Deductions 1. The payment of membership dues or voluntary agency fees shall commence with the first payday of the month after thirty-one (31) calendar days following the initial date of employment. 2. The City shall promptly pay to the Union those authorized membership dues/agency fees deducted from Employee wages each month. Employees, who choose to change their status from membership to a voluntary agency fee payer or to a non-member, may do so after written notice to the Union and the City Administration. Such status change shall become effective immediately based on the date of the written notice. Any adjustments to the deductions shall occur at the next full pay period. 3.4 Union and Employee Responsibility This Agreement is binding for every Employee in the bargaining unit. Each Employee, individually and collectively, accepts full responsibility for carrying out all the provisions of this Agreement. The Union agrees that it shall actively dissuade absenteeism and tardiness, all forms of illegal harassment, and any other practices which may hamper the City's operation. The Union will support the City's efforts to eliminate waste and inefficiency, to improve the quality of work, and to promote harmonious relations between the City and Employees. The Union shall make every effort to see that Employees obey all City workplace policies, procedures, rules, and instructions which are not m--.Gqs ent-in conflict with the terms of this Agreement. 3.5 Union Representatives and Activities 1. The Union may have six (6) Employee Representatives who shali be authorized to handle complaints and grievances arising under this Agreement. The Union shall provide to the City a list of all authorized Employee Representatives_ The Union may designate different. Employee Representatives at any time within thirty (30) calendar days written notice to the City Administration. 2. An Employee Representative may make reasonable visits within the work area the Employee represents for the purposes of handling specific complaints and grievances arising under this Agreement. The Employee Representative shall first notify and obtain the approval of the Department Head in advance of such visit, advising the Department Head where the Employee Representative shall be and how long the Employee Representative anticipates such visit shall take. The Employee Representative shall arrange such visits to occur at times when they will least impact City operations and the performance of work. Prior to conducting such visit, the Employee Representative shall fill out the appropriate time record recording the time the Representative left the work INK assignment/area. Upon concluding the visit, the Employee Representative shall promptly notify the Department Head that the visit was concluded, and that the Representative has returned to the work assignment/area, at which time the Representative shall record on the appropriate time record that the visit has concluded. All time spent on such visits shall be designated on the time record as Union Leave and deducted from the appropriate Union Leave account. 3. The Union may have representatives who are not Employees of the City who also shall be authorized to speak for the Union in all matters governed by this Agreement and shall be permitted to visit any work area for the purpose of administering this Agreement at reasonable times upon advance approval of the City Administration or designee. Such approval will not be unreasonably denied. The Union shall arrange such visits to occur at times when they will least impact City operations and the performance of work. The Union shall provide to the City a list of all such authorized representatives. 4. During working hours, the Employee Representative may handle complaints and grievances arising under this Agreement with the proper City Representative. These visits shall be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. Employee Representatives will not leave their work duties during emergency or critical situations. 5. Upon the concurrence of the Department Head and when the normal flow of work will not be unduly disrupted, the Employee Representative will be allowed to confer periodically and for a reasonable length of time with Employer Representatives to work out solutions to problems on matters not deemed critical but which, because of convenience to both management and labor, can be moved toward resolution. These visits shall also be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. 3.6 Union Leave and Leave Bank 1. Employees granted Union leave shall be paid for their leave time from the Union Business Leave Bank as set out in Subsection 2 below, so long as there is accumulated leave in the bank. The City shall not be obligated to compensate the Employee Representatives for any time spent on Union leave. The hours spent on Union leave will not be counted as hours worked for purposes of computing overtime. Union leave shall be granted in the following manner: a. No more than six (6) Employee members of the Union negotiating committee shall receive Union leave for all time necessary for the conduct of contract negotiations, including reasonable time for negotiating committee meetings outside of the negotiations themselves. "EII b. Union leave shall be granted for all reasonable time necessary to process grievances, including arbitrations, for grievants, Employee Representatives and elected Union officers who may be involved, and witnesses. c. Employee Representatives shall be granted up to five (5) work days per calendar year of Union leave to attend Union sponsored training. d. Elected Union officers shall be granted a reasonable amount of Union leave for the purpose of conducting Union business. Such time shall not normally exceed four (4) hours per week. e. Union leave will not be unreasonably denied. However, it is understood and agreed that such leave may be denied if the Employees services are needed by the City. Requests for association business leave will normally be made through the Union President or designee. The Union will endeavor to give as much notice as possible for business leave, 2. Union Business Leave Bank a. There is hereby created a Union Business Leave Bank which shall be administered by the LJs ion Crnplpypr.with records kept by t#e �Jr1ic�n and the Employer. The Bank shall be established by an automatic transfer each .January 16 of two (2) hours of PTO leave from the leave account of each Employee in the bargaining unit. If an Employee does not have two (2) hours of PTO leave as of January 16, the two (2) hours shall be transferred when [fie Employee has accrued them. Tile Bank will be used consistent with the terms of this Article. b, The Union may cancel the automatic leave deduction for any year in which enough cash is available for purposes of the Bank. c. The Employer agrees that reasonable effort will be made to release Employees consistent with the terms of this Article. However, the parties recognize that situations may arise that prevent representatives from being released. 3.7 Meeting Space Where there is available meeting space in City owned facilities, such space may be used for meetings by the Union at no cost to the Union with a written reasonable notice to the City. Approval shall not be unreasonably denied. 3.8 Bulletin Board "ti The Union shall have the right to use bulletin board space at mutually agreeable locations for the purposes of posting Union information. The union contract and union calendar shall be placed in all city Employee break rooms and shall be plainly visible. "r ARTICLE 4 JOB CLASSI IC�AITCNCLASSIFICATION. JOB DESCRIPTIONS & PAY PLAN It is the obligation of the City to establish and maintain a classification system and a pay plan. 4.1 Classification Rights and Duty The City shall have sole authority and duty to establish, decide, determine and designate all occupational classifications it has to offer Employees, including the right to establish new classifications, reclassify, change, consolidate or abolish existing classifications at any time, and to determine job content, duties and responsibilities. The City shall also have the authority to allocate and reallocate positions. 2. The City may establish new classifications and rates for classifications. The City shall notify the Union when any new classification is established within ten (10) working days_of such action- .The notification} shall include a copy of the job class specifications. Unless otherwise agreed by the parties, Nnotificat on shall be via email and IAb class specification shall be :attached. In the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations between the parties. The rate shall be effective as of the first date Employees were assigned to the classification. 4.2 Job Descriptions The City shall maintain job descriptions which identify essential functions a4A-but are not inclusive of each and -every duty of a position. Job descriptions shall include a statement of qualifications consistent with Section 4.4 below. The City will notify the Union of proposed changes to Job Descriptions which will impact Employees currently employed in the affected position(s) within ten (1 Q) working days prior to being adopted. The notification shall include a copy of the lob class description. Notification shall be via email and lob class specification shall be attached. In the event the Union within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations_ between the parties. 4.3 Duties of Employees An Employee may be required by the City to perform the duties described in the job description for the Employee's class as well as any other duties which the Employee has the skills and qualifications to perform- 4.4 Qualifications Statements The qualifications statements in each job description establish minimum MA requirements that must be met by an individual before consideration for appointment or promotion to a position. Common alternative combinations of education, training or experience are specified in the job description_ 4.5 Job Titles 1. Official Job Titles: Each position shall have an official job title which is specified in the classification plan and is used to identify each individual position. The official job title shall be used to designate positions in all budget estimates, payroll documents, and personnel records and reports. 2. Working Job Titles; For all purposes other than those described in Subsection 1 above, any suitable working job title may be used. 3. Position Levels: The job titles are generally indicative of the work of the position and of the level of its importance and responsibility. Where Roman numerals or numbers are affixed at the end of a title to indicate level within an occupation subseries, the higher numbers represent the higher levels. 4.6 Review of Job Classifications and Job Classes 1. The City Manager shall provide for a systematic and periodic review of classes of positions if the City Manager determines, in his or her sole discretion, that duties, responsibilities, and authority have changed substantially, or other conditions, including but not limited to an Employee request for review, warrant such a review. The City Manager shall allow the Union and Employees to provide input into such a review. 2. When an Employee, or the Union acting on the behalf of an Employee, feels that the duties and responsibilities of his/her position are not accurately reflected in the job description, the Employee or the Union will provide a written request in writing to Human Resource 0tfiicc rIVl,'-w ger to re -analyze the job description. 3. The Union may appeal in writing the findings of the Mani-Ager of Human Resources Officer _to the City Manager within ten (10) working days. The City Manager will render a decision within thirty (30) working days. 47—The Union may request not more than three (3) studies of significant substance under Subsection 2 above in a calendar year. 4.7 Wage Schedule The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate, and maximum rates of pay for all positions. The development of the I§VE pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. a. Wage schedules are posted in Appendix B. iNM ARTICLE 5 PERSONNEL ACTIONS 5.1 Personnel Actions The City shall have the sole and exclusive right to make appointments, including but not limited to recruiting, examining, selecting, promoting, and transferring Employees of its choosing and to determine the times and methods of such actions. The City retains the right to fill any position from outside the bargaining unit, although the City recognizes the benefits of selecting a qualified Employee covered by this Agreement who has applied for a vacancy. All personnel actions shall be documented. 5.2 Definitions 1. "Appointing authority" means the City Manager, except that the City Clerk shall be the appointing authority for all positions in the City Clerk Department. 2. "Department Head" means each of the following: The Finance Director, the Manager of Engineering and Construction, the Manager of Electric Utility, the Public Works Director, the Harbormaster, the Chief of Police, the Fire Chief, the Director of Parks and Recreation, and the Library/Museum Director. 3. "Personnel officer" means the Human Resource Officer. 4. "Exempt employee" means an employee whose position is classified under the Fair Labor Standards Act (FLSA) as an executive, professional, or administrative position. These positions are not subject to overtime compensation. 5. "Regular employee" means an employee in a regular position, full-time or part- time, who has successfully completed all probationary periods and is not a temporary, seasonal, on -call, or emergency employee. 6. "Regular position" means a position which is expected to exist for more than nine (9) months. 7 "Full-time employee" means an employee who regularly works forty (40) hours per week. 8. "Part-time employee" means an employee who regularly works one (1) to thirty- four (34) hours per week, 9. "Probationary employee" means an employee who has not yet completed the probationary period imposed (reference the article not the code). `Flit, 5.3 Job Announcements 1 The City shall post all oargaining unit position job openings, whether newly created or vacant, at mutually agreeable locations in each department for a period of five (5) calendar days prior to the expiration date for submission of applications. The posting timeframe may be shortened when required by circumstances beyond the City's control or where necessary to ensure the continuity of City operations. Justification must =i)e rovided in the announcement and to the union. 2. All qualified bargaining unit members who hold regular status and submit an application for a posted vacancy will be considered for any job vacancy covered by this Agreement along with any other applicants. 3. Qualified Employees covered by this Agreement who apply for any vacancy shall be granted an interview for the position. The City acknowledges the value of current Employees and agrees to give Employees who interview for a vacant position full and fair consideration, 5.4 Types of Appointments 1. Emergency Appointment: The appointing authority may authorize emergency appointments not to exceed thirty (30) calendar days without recourse to usual certification procedures. Such appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment to City services. Emergency appointments are not entitled to any benefits. 2. On -call Appointment; Employees may be hired on an on -call basis upon the recommendation of the Department Head and approval of the City Manager. Can -call appointments may be for no more than 180 cale-rd,ii daysan4Rdef+nite dufation. 3. Probationary Appointment: All appointments to positions in City service, including new hires, rehires, demotions for disciplinary reasons, and promotions shall be on a probationary basis. Length of_p_robation period for regular full-time employee is_180 calendar days unless probation is extended. 4. Regular Appointment: A regular appointment occurs after an Employee has satisfactorily completed a probationary appointment to the position. 5. Temporaryy Appointment/Seasonal Appointments: a. Temporary appointments shall not exceed nine (9) consecutive months. No temporary employee shall work more than nine (9) months in a calendar year. IN b. Seasonal Appointment: Seasonal appointments shall be made on a seasonal basis with the expectation that the Employee will return to their position consistent with the City's needs, although the hiring will be temporary pursuant to Temporary appointments. ljon 3:2-�.-C� (a).- No Employee shall have the absolute right to continue employment in any particular position. c. Employees hired on a temporary or seasonal basis with prior City work status may be given preference for re-employment for the same position on the recommendation of the Department Head and approval of the City Manager. Job announcements for temporary or season positions shall contain notice that persons with priority City work status may be accorded preference for re-employment. 6. Term Appointments: The appointing authority, or a Department Head with the approval of the City Manager, may appoint term employees. A term employee is an employee in a position, full or part-time, that is designed for a specified period of time of more than nine (9) months and less than two (2) years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military or education leave. However, annual leave shall be credited retroactive to the date of term appointment if a term employee is appointed as a regular employee without a break in service as an Employee of the City. 7. Acting Appointment 1 Temporary Assignment: a. An acting appointment is made when a qualified Employee may be required to serve temporarily in a higher -level position. h An—a9- ppomtment gi+�es -tl E 7p3c�yee nc arlo�a+ Cage i� sompeti#Gn4or-regular4lling of tfiis position -.-However. Ttime in an acting appointment may be counted toward experience for the class of positionr+edt-fieisonetivn-vtt+e G+ty Ac#nnifistrativs�- cb d-c Employees filling an acting assignment shall not be asked or allowed to do jobs or tasks that they are not adequately trained or licensed to do. An Employee who obtains an acting appointment shall not always be required to perform all the duties and responsibilities assigned to the incumbent. The duties and responsibilities that are assigned to the Employee who has obtained the acting appointment shall be determined by the City Administration. e d. When an Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days but `rr10: less than thirty (30) days, they shall be compensated above their base rate by ten percent (25%). If an Employee's base rate is the maximum of the pay range, they shall be compensated above the maximum pay step by ten percent (25%). If the assignment is for a period of thirty (30) calendar days or more, they shall be paid at the first step of the higher pay range or they shall be given a ten percent (25%) increase as provided in the preceding sentence, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive their hourly rate plus ten percent (25%) and will be paid for overtime at time and a half. 5.5 Promotion A promotion is the filling of a vacancy by the advancement of an Employee from a position having a lower pay range. Promotions shall be based upon qualifications. All promotions shall be advertised for seven (7) days to all City Employees. All qualified City Employees shall be allowed to apply and complete the interview process before the position is posted to the public. 5.6 Transfers A transfer is the lateral movement from one bargaining unit position to another position in the same or a parallel class in the same pay range without any break in service. The transfer may be within a department, or from one department to another. An Employee must meet the minimum qualifications for the position the Employee transfers to. 1. Voluntary Employee Requested Transfer. An Employee may request a transfer within or between departments by submitting the request in writing to the City Administrators. The request must include a current fob application providing evidence of qualification for the requested position. Upon approval of the City Administration, or designee, and before completion of any transfer, the Employee shall be notified in writing of any change in status, including pay step, anniversary date, length of service, and requirement for serving a probationary period. 2. Reasonable Accommodation: A transfer may be offered to a qualified Employee with a disability under the Americans with Disabilities Act. Failure to accept an offered transfer in this situation may result in administrative separation if the Employee is unable to perform the essential functions of his/her current position without accommodation and if the Employer can demonstrate that an accommodation would impose an undue hardship. 123 ARTICLE 6 PROBATIONARY PERIODS 6.1 Newly Hired Positions 1, The probationary period for full time positions is one hundred and eighty (180) calendar days. 2. The probationary period for part-time positions is five hundred and twenty (520) hours of consecutive service. 3. Probationary appointments entitle a newsy hired Employee to the same benefits available to an Employee who has obtained a regular appointment, subject to the conditions of the benefit plans, and unless otherwise specified in this Agreement. 4, The Employee shall acquire regular status on the first working day following completion of the probationary period, unless action is taken to separate the Employee or to extend the probationary period in writing prior to the end of the probationary appointment. The probationary period may be extended for a period of time not to exceed three (3) monthsc OinetV (90) caiendar dads. Such an extension does not affect or change the initial hire anniversary date with the City for the Employee, 6.2 Probationary Period after Promotion 1. Regular Employees who are promoted shall serve a new probationary period of pane, hu ndr::cl arms eic tV_ M)_ c aleridaf dals six f6) months in the new position. An Employee who holds regular status in any position and who subsequently accepts a promotion to a new position retains return rights to return to the last position in which Employee held regular status if a- vacancy ex+st-sthe position is vacant when the employee requests to return. The Employee may exercise these rights voluntarily at any time prior to completion of probation in the new position or upon notification that Employee has failed to satisfactorily complete probation in the new position. An Employee wh exercises this return right shall not be required to serve a probationary period in a position where the Employee has already held regular status. Return rights do not apply to an Employee disciplined for just cause. 2. Unless the continuity of City services is at risk -as identified i F� , the promoted Employee's previous position will not be filled for fourteen (14) days in order for the newly -promoted Employee and the City to determine if the promotion is a proper fit. Either the Employee or the City can invoke return rights to the Employee's previous position during this time for any reason or no reason. 124 6.3 6.4 3. A promoted Employee who returns to a previous position, regardless of the reason, will be returned to the range and step the Employee held prior to promotion. 4. Employees who promote or transfer out of the bargaining unit have no rights to return to their former bargaining unit position. 5. Promotional probationary employee successfully completed a probationary employee was promoted or hired. Probationary Period after Demotion means an employee who has not period for _a position into which the When a Regular Employee is demoted for a non -disciplinary reason to a position in a job classification where the Employee had previously completed a probationary period, no probationary period shall be served. When a Rreguiar Employee demotes into a position that the Employee has not previously held regular status, the Employee shall be placed on a six (6) month probationary period. Discipline or Separation During Probationary Period At any time during the probationary period, a newly hired Employee serves "at will" and may be disciplined i or _dischar ed g or any reason or no reason. Just cause is not required for any form of discipline or separation during, the probationary period under these circumstances. and-fT+ay-be,&s6 p ned--GrdisGharged for -any -reason or---F►a--r�aaer�:-bra-st-�arE�e`is�ret-reg�i�4-#er�raFf-�f-�lissi{�f+r}e` �r serati� d�F+ng�l-ie �rvl�tiryrEad- Eu�de�tl�se-s+r6err�ta��s. IMI ARTICLE 7 PERFORMANCE EVALUATIONS & PERSONNEL FILES 7.1 Performance Evaluations The primary purpose of the Employee performance evaluation program is to inform Employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluations shall also be considered in decisions affecting salary advancement, promotions, reassignments, dismissal, and training needs. 7.2 Periods of Evaluations 1. End of Probationary Period: Each Employee shall be evaluated_ within ten (10) working days prior to the completion of their probationary period. If the probation period ends without being extended or the employee being terminated, it is assumed the Employee performance is satisfactory e_v_en if a performance review is not completed. and shall receive their Dav increase. 2. Annual: Each Employee shall receive an annual performance evaluation. (see 7.3,5) 3. Special: A special performance evaluation may be completed when there is a significant change either upward or downward in the Employee's performance. 7.3 The Evaluation Process 1. Rating Officer: The rating officer shall be the Employee's immediate supervisor. The rating officer shall be responsible for completing a performance evaluation on the form provided and approved by the City. In the case of unsatisfactory performance, the rating officer will include written comments as to the remedial actions required by the Employee. The completed evaluation shall be discussed with the Employee, and the Employee will be allowed to add comments if desired. After the discussion is completed, both the rating officer and the Employee shall sign the completed evaluation form, but such form shall not be considered incomplete or invalid because the Employee fails or refuses to sign it. 2. Reviewing Officer: The reviewing officer shall be the rating officer's immediate supervisor. The reviewing officer shall review the performance evaluation completed by each rating officer under their jurisdiction before the report is discussed with the Employee. The reviewing officer shall consider the performance evaluation completed by the rating officer when evaluating the rating officer's performance. 3. The Employee shall be allowed five (5) calendar days to prepare written. comments which will become part of the evaluation. No further comments or 126 changes may be made on the form by management after it has been submitted to the Employee for final signature. The original performance evaluation shall be filed in the Employee's personnel file with a copy of the final document provided to the Employee. 4. Employees who receive an overall rating of "unsatisfactory" on their annual evaluation shall not be eligible to receive a step increase. Any unsatisfactory performance evaluation will require review and concurrence by the City Manager. 5 When an annual evaluation is not completed and discussed with the Employee within thirty (30) calendar days following the Employee's anniversary date in a position, it is assumed the Employee is meeting performance expectations, unless shown otherwise by substantial evidence. If a performance evaluation is not completed timely thraugh_.no fault of the Employee, it is assumed the Employee performance is satisfactory, and shall receive their pay increase. 7.4 Personnel Files 1, The City shall maintain a confidential personnel file for each Employee in the Human Resources office. No confidential or protected information will be maintained by any individual City department unless specifically identified within this Agreement or required by law, 2. An Employee shall have access to their personnel file in a reasonable period of time following notice to the Human Resources office. Employees shall also be provided a copy of the Employee's personnel file, or any parts thereof, within a reasonable period of time following the Employee's request for a copy. 3. The Union, or any other third party, shall have access to an Employee's personnel file only upon written authorization by the Employee specifying what files or documents the Union or third party may review. 4. Nothing in this Section precludes the City from releasing an Employee's personnel file as required by law or a court order. `FIN ARTICLE 8 DISCIPLINE AND DISCHARGE 8.1 General Policy 1. All Employees shall be informed of applicable standards of performance and personal conduct Of City-€fi3plQyees in various posEtow,:i, All City Employees shall have in their possession a copy of an up-to-date personnel regulations manual. 2. All disciplinary actions shall be documented in writing and presented to the Employee and placed in the Employee's personnel file. The letter shall be reviewed with the Employee and sincere efforts shall be made to obtain agreement with the Employee that facts are stated correctly, that the inappropriate or incorrect behavior did occur, that it represents behavior that should be disciplined, that the discipline is appropriate and that the behavior shall not be repeated. If agreed errors are found, the letter shall be revised and again reviewed. Comments of the Employee shall be entered under the appropriate heading. 8.2Disciplinary Action Procedure 1. Regular Employees- The City shall notify SPEA Employees of meetings to be held that may result in discipline in writing. The notification shall include the purpose of the meeting, the date, time and place that the meeting will be held, and that the Employee has the right to request Union representation. Also, the notification will allow twenty-four (24) hoursac#equgte-tirne--as described 111 Section 8,3(2) to arrange for appropriate representation to be secured if the Employee so desires. No R€egular (non -probationary) Employee shall be disciplined without just cause. The City will follow the principle of progressive discipline at the appropriate steps and as applicable. Progressive discipline steps may include but are not limited to: a. oral reprimand (memorialized in writing)--.- b. written reprimand. c. suspension without pay: d. demotion; or e. dismissal. 2. Probationary Employees: At any time during the probationary period, a new or rehired Employee may be disciplined or discharged for any reason or no 128 reason. Just cause is not required for any form of discipline or separation during the probationary period. 3. Mitigating circumstances may be considered when evaluating a just cause disciplinary situation, to include the Employee's past performance, length of service, and existence of past discipline. 4- A Bargaining Unit Member will have the right to examine his or her personnel files. Reasonable requests for copies of material contained in personnel files will be honored. Upon written request to the City Administration, disciplinary materia[ may be removed after two (2) years. In the event the requested material is not removed, the bargaining unit member will be informed of the reasons why and the conditions necessary for its removal. 8.3 Right to Union Representative During Investigative Interview 1. Employees will be entitled to their Weingarten rights when answering questions asked by their supervisor or by a City representative, when they believe their response to the question(s) could lead to their being disciplined or terminated or adversely affect their personal working conditions. 2 Employees shall be given twenty-four (24) working hours' notice of a disciplinary interview, so they can arrange to have their Union representative present. 2-3_ The City will provide _a copy of notices of a disciplinary interview to safbGn -the Unio+t.; s e,-djcall the --Union President and the APENAFT field Representative--on-reyGes -of a c4scilea4na-intevvii:w- (LOA #2 - signed ,tune 11, 2019) 8.4 Just Cause "Just cause" means that justification exists for a proposed disciplinary action. "Just cause" includes, but is not limited to, the following: 1. Insubordination, including failure to comply with a supervisor's instruction and work assignment. 2. Dishonesty, either verbally, in writing, or in action, including but not limited to falsification of employment application or other City documents and time sheets. 3. Drugs and Alcohol. ta) Lm1 loveees will be terminated for use or possession ot"alc«hnl? marijuana or illegal drugs at the work site during work hours. Unlawful manufacture, 129 distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace.. (hjl F itll��es are encouraged to voluntaries seek professional stop - op rt !or ctrgg or alcohol -related problems. Employees who seek treatment shall discuss_the situation with their supervisors if leave time, with or without pay. is reu►tired for the employee to obtain treatment or hospitalization. (I), Supervisors are encouraccj to giant leave, with or without_ pay, I such requests. (2) When leave without pay is involved. the employce shall provide a statement from the attendim" aphysician or counselor to the supervisor, stating tly.il trcatnicni is helnu received and describing the length of the treatment program. ((33) An employee's iob security or prornotion 00L)Ortunities shall not be jeopardizcd by a rec ucst for leave to obtain ceiunsCling or treatment. (c) In all matters concerning emplaces -drub or alcohol -related problems, strict Conlidcrttit►lite' shall be maintained by supervisors, administrators and achiiinistrative support personnel. ,-4. Failure to comply with safety regulations. 4-5. Fighting or other disorderly conduct on City premises or while on City business. , -6. Stealing of or unauthorized use of City tools, equipment, or property. 6-7. Recurring absenteeism, tardiness, or leaving the worksite early. 7-8 Conviction of a crime which damages the image or reputation of the City or conviction of a crime which impairs or compromises the Employee's credibility, eligibility, or fitness for work. 9.9. —Inefficiency, including waste of working time or materials. 9-10. Failure to conduct oneself on duty in a cooperative manner. 4711. Exhibiting on duty conduct or behaviors which interfere with the Employee's performance or the City's business, operations, or image. 4-4--12. Willful violation of any personnel regulations. 11916, 4-2-:13, Violations of applicable state or City laws and regulations concerning ethics and conflicts of interest. 13:14. Any act or omission which had or will have a material adverse effect on the business, operations, or financial condition of the City. 44-15. Harassment of other Employees or the public. 4-5-16. Loss of necessary license or required certification for the position. 16 1 7. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from employment; or 4-7-,18. Any other conduct commonly recognized by reasonable persons as justification for discipline, including dismissal. 8.5 Garrity Rights for Licensed Personnel of Police Department Uniformed personnel of the Police Department shall be accorded the protections and obligations provided in Garrity v. New Jersey, which requires, among other things, warnings concerning right to counsel and the potential uses of statements made in the course of investigatory interviews. `KM ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURES 9.1 Definition of Grievance A grievance is a dispute involving the interpretation, application, or alleged violation of any provision of this Agreement. It is the mutual intent of both parties to resolve any differences at the lowest level. All Employees shall be encouraged to bring any disagreements to their immediate supervisor initially to resolve such problems through informal and free communication before the formal grievance procedure begins. 9.2 Procedural Steps 1. All grievances presented at Step 2 of this Article and beyond shall set forth: the facts giving rise to the grievance; the provision(s) of the Agreement alleged to have been violated; the names of the aggrieved Employee(s); and the remedy sought, All grievances at Step 2 and beyond shall be signed and dated by the aggrieved Employee and/or Union representative. All written answers submitted by the City shall be signed and dated by the appropriate City representative. 2. Grievances involving a disciplinary suspension, or a termination of employment, must be entered into the formal grievance procedure at the Step 2 level. a. Step 1: The aggrieved Employee or group of Employees shall present the grievance orally to the immediate supervisor within ten (10) working days of its occurrence, not including the day of the occurrence. Pre - grievance discussion will not extend the ten (1 DJ �j�j rkir}g,_day period, The supervisor or department ea+i shall give an oral reply within five (5) working days of the date of presentation of the grievance, not including the date of presentation. b. Step 2: Written Grievance to Department Head. The Employee, through the Union, no later than fifteen (15) working days after the event giving rise to the grievance, or fifteen (15) working days after the Employee or Union should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the Department Head. The Department Head shall give Employee written answer to the grievance within fifteen (15) working days after receipt of the grievance. c. Step 3: Written Appeal to the City Administration. A grievance appealing a dismissal of a grievance, or a grievance not settled at Step 2 shall be filed at Step 3. The Employee, through the Union, no later than fifteen fBY: (15) working days after a dismissal or the receipt of the Department Head's written answer at Step 2 may file a written appeal of that answer to the City Administration. No later than fifteen (15) working days after receipt of the written appeal, the City Administration, or designee, shall meet with the Employee and the Union representative, The City Administration, or designee, shall give Employee written answer to the grievance within fifteen (15) working days after such meeting, which answer shall be final and binding on the Employee, the Union, and the City, unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section 9.5 of this Article. d. Step 4: Appeal to Arbitration per Section 9.5. 3. Any Step in the grievance procedure may be eliminated by mutual consent. Mutual_ consent shall be indicated in writing and shall be signed by parties. 9.3 Time Limitations 1. If the grievance procedures are not initiated within the established time limits, the Employee shall be considered as having waived his/her right to grieve the particular violation or complaint. 2. Any grievance not taken to the next step of the grievance procedure within the established time limits shall be considered settled based on the last reply made, 3. If the City fails to meet or answer any grievance within the established time limits, such grievance shall automatically advance to the next step. 4. if the grievance hearing before the appeal board under Step 4 of the grievance procedure is not held within ninety (99) days from the date of the hearing request, the grievance shall be considered abandoned and the matter shall end, except if failure to hold the hearing is caused by the City's refusal to meet at any time during that period, it shall be deemed that the City has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly, 5. The time limitations set forth in this Article are of the essence of this Agreement. No grievance shall be valid unless it is submitted or appealed within the time limits set forth in this Article. If the grievance is not timely submitted at Step 1 or Step 2, it shall be deemed waived. If the grievance is not timely appealed to Step 2 or beyond, it shall be deemed to have been settled in accordance with the City's Step 2 answer. If the City fails without reasonable cause to request an extension or otherwise communicate with the aggrieved party within the time limits or in the manner set forth in this Article, the Union shall be granted the remedy requested. Any default remedy cannot be used as precedent against the City if a similar situation arises in the future. 133 9.4 Extension of Time Limits The established time limits may be extended by mutual consent of the parties involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties. 9.5 Appeal to Arbitration Any grievance, as defined in Section 9.1 of this Article, that has been properly and timely processed through the grievance procedure set forth in Sections 9.2 through 9.4 of this Article and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union by serving the City with written notice of its intent to appeal. The failure to appeal a grievance to arbitration in accordance with Section 9.6 within fifteen (15) working days after receipt of the written answer of the City at Step 3 of the grievance procedure set forth in Section 9.2 of this Article shall constitute a waiver of the Union's right to appeal to arbitration, and the written answer of the City at Step 3 of the grievance procedure shall be final and binding on the aggrieved Employee, the City, and the Union. 9.6 Selection of Arbitrator Unless otherwise agreed, no later than fifteen (15) working days after the Union serves the City with written notice of intent to appeal a grievance to arbitration, the City and the Union shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish to the City and the Union a list of seven (7) qualified and impartial arbitrators. After receipt of that list, the City and the Union shall alternatingly strike names from the list until only one (1) name remains (the order of striking to be determined by the toss of a coin flipped by the Union Representative and called by the City). The arbitrator whose name remains shall hear the grievance 9.7 Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his or her opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the City. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator shall not hear or decide more than one (1) grievance without the consent of the City. The written award of the arbitrator of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding on the aggrieved Employee, the Union, and the City. 9.8 Fees and Expenses of Arbitration 134 The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if, in the opinion of the arbitrator, neither party can be considered the losing party, then such fees should be apportioned as determined by the arbitrator. 9.9 Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by mutual agreement of the Union and the City. 9.10 Delivery of Grievances and Responses 1. When a written grievance or response is delivered by mail, it shall be sent return receipt requested to the respondent or to the person filing the grievance. When a written grievance or response is hand -delivered, the respondent or the person filing the grievance shall acknowledge receipt in writing of the grievance or response. When a written grievance or response is delivered by electronic communication, a hard copy shall be delivered by mail. Copies of all written responses to grievances at any step shall be sent to the APEAIAFT Field Office in Anchorage. 2. For the purposes of the time frames in this Article, a grievance or response delivered by mail or electronic communication shall be considered submitted on the date of mailing or date of electronic communication, but the time for response or for filing the next step shall not begin to run until the day after actual receipt. A hand -delivered grievance or response shall be considered submitted on the date of delivery, and the time for response or for filing the next step begins to run on the day after that date. If the last day of a time period falls on a Saturday, Sunday, or holiday, the period will be extended until the next business day. 9.11 Sole and Exclusive Nature of Grievance Procedure The grievance procedures of this Agreement are the sole and exclusive remedies of the Employees of the City of Seward alleging violations of this Agreement and/or any disciplinary actions or complaints. f6V ARTICLE 10 SEPARATIQNISENIORITYiLAYQFF 10.1 Actions That Constitute Separation from City Service An Employee shall be separated from City service upon the occurrence of any of the following, including but not limited to, resignation, medical separation, retirement, dismissal for cause, release during probationary period, job abandonment, or layoff. 10.2 Resignations 1, _Notice_ of Resignation- An Employee who desires to resign in good standing shall give at least fourteen (14) calendar days` written notice to their immediate supervisor, Members of the Police and Fire Departments must provide at least thirty (30) calendar days' advance written notice. The period of notice may be reduced or waived by the City upon recommendation of the Department Head. A notice of resignation shall become part of the personnel file. Employees who resign or are terminated shall be paid in accordance with state and federal law. 2, Withdrawal of Resignation: An Employee may withdraw his or her resignation prior to the effective date stated in the notice of resignation only with the written approval of the Department Head and the City Administration. 3. Failure to Give Adequate Notice: Failure to give adequate notice shall be noted on the Employee's separation documents and shall constitute a factor in consideration of any future application for employment with the City. 4. Effective Date of Resignation: The effective date of resignation pursuant to a notice of resignation shall be the last day on which the Employee works. 10.3 Medical Separation An Employee who is unable to return to work following approved medical leave, with or without pay, shall be separated in good standing from City of Seward employment. Depending on the type of injury or illness, and whether it happened on or off the job, the Employee may be able to take part in either the Long -Term Disability Program with the City of Seward health benefit plan or the Long -Term Disability Plan under the retirement system. Employees are responsible to make themselves aware of the particular requirements in both Long -Term Disability plans and should contact the City if further information is required, beyond what is provided in the plan documents. 10.4 Dismissal for Just Cause 1Bb: I The City Manager or Department Head, upon approval of the City Manager, may dismiss a regular Employee for just cause, as stated in Article 8, Section 8.4. 2. The appropriate steps of progressive discipline shall be followed. 10.5 Seniority 1. Seniority means the total length of service and continuous employment with the Employer in positions covered by this Agreement. Employees shall not accumulate seniority during their probationary period. After an Employee has completed their probationary period and has been granted regular status, their seniority shall be dated from the date of their employment. Leave without pay shall not be used in the calculation of seniority. 2. The Seniority of an Employee shall terminate under any of the following conditions: a. When laid off for a period of twenty-four (24) consecutive months; b. When an Employee resigns from employment with the Employer; c. When an Employee is discharged for just cause; or d. When an Employee who is temporarily laid off flails to return to work within fourteen (14) calendar days after written notice by certified mail to the Employee's last known address (or delivered to the Employee personally) requesting such return and, if such Employee fails to notify the City of the Employee's intention to return to work within forty-eight (48) hours after receiving such notification or arrange for a mutually agreeable return date. 3. When it is necessary to reduce the number of employees because of lack of work or funds, or abolition of positions, the department head concerned shall make a thorough investigation of the problem and report his/her findings and recommendations to the city manager, who shall decide which employees shall be laid off. Analysis of proposed layoffs shall consider first the types of activities to be curtailed and the classes of positions thereby affected. The department head shall then proceed to the selection of individual employees to be released. Employee efficiency shall be the major factor and determining the order that employees shall be released, and consideration shall then be given to employee's length of service with the City. advisability of reassigning Employees in higher classes to lower classes for which they are qualified and laying off those in lower classes shall also be considered. There will be no discrimination based on union membership or lack thereof 10.6 Layoffs f6Y/ 1. The decision to lay off Employees shall be made solely by the City and shall not reflect discredit upon the services of the Employee. 2. Notice Requirements: a. An Employee shall be given at least thirty (30) calendar days advance notice of a layoff. b, The Union shall be notified in writing of any proposed layoff concurrently with the Employee. The Union and City agree to discuss alternatives to the proposed layoff prior to the effective date of the layoff and to negotiate the effects of any layoff if so requested by the other party. I The City shall not lay off an Employee and reclassify their former position with the intention of filling the position with a temporary hire. 4. Layoffs may occur for any of the following reasons: a. reduction in force because of a shortage or reduction of work or funds; b. the abolition of a position; c. change in departmental organization; d. termination of a grant; or e, any other legitimate business reason not inconsistent with the terms of this Agreement. 5. A regular Employee ray —shall be offered a vacant position for which the Employee is qualified in lieu of layoff. The Employee will be subject to the same qualifications review as any new Employee to determine an appropriate wage. 1. A regular Employee retains the right to be recalled to a vacant position in the same or similar job class, in the same or different department that the Employee previously was regularly employed, for one (1) year after the layoff so long as the Employee has indicated that the Employee is qualified and interested and available to return to work, 2_ Regular or probationary Employees shall not be laid off while casual/temporary Employees are in a position in the same department for which the regular or probationary Employees meet the minimum qualifications. 10.7 Dismissal Notice or Severance Fay 138 In the case where a regular Employee who has completed a probationary period is laid off-eF4sf"sed, the City shall give the Employee forty five {45} thirty (30) days' notice or forty five (4;51 ci _ys _of severance pay notAe ey ed #veF�4j weeks. 10.8 Separation Paperwork On or before the Employee's last day of work, the Employee shall complete all separation paperwork and return all City property as required by the City. i6R ARTICLE 11 PAY AND PAYROLL The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate, and maximum rates of pay for all positions. The development of the pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. The parties agree to discuss steps and years of services during the next negotiation cycle, as the parties agree that years of service are important and alternatives to the longevity bonus should be discussed during the next negotiation including possibly reflecting years of service in an employee's range and step. 11.1 Wage Schedule and Pay Rates 1. Wage schedules are posted in Appendix B. 2-- - Tke-2-019--241- Salw--y Scheduule--shall be-ishe-ias+s-forbargainiFt"f4pay --T-he Salafy.-Se4e ule for -the first year e4h+e--C€ i4c4 ve. Safgainng-Agreement shall i sl de #fie- -1 °�� osf cif L-iv+ng Ad}��st� {OGLA),--prevleusl'y`-apprGve"y T4eSalafy-Sehedule--fer-the-2r4and-the-3"ears-+aftbe£olieeYtFve argalnFng Agf - ent skill--irrefears by-the--same-pe--41--- -s-th+e--City,-GoUns4- may authoriz.—,an increase -in pay Ci4y€41oyees 4.2- Regular rate of pay means the hourly rate of pay actually paid an Employee for normal, non -overtime work week for which he/she is employed. 5..3, If the City Council adopts an ordinance that freezes wages for all City employees, the parties agree to confer immediately for the purpose of arriving at a mutually satisfactory letter of agreement. 11.2 Starting Rate on Initial Employment All newly hired Employee's shall begin at Step A within the stated range for their position, unless a higher Step is approved, in advance of the offer, by the Human Resources Administration, the Department Administration and the City Administration using a City approved wage matrix. Before a higher step may even be considered, the applicant must demonstrate experience and/or education beyond the minimum required for the position as specified in the position description. 11.3 Rate of Pay on Promotion IC16, When an Employee is promoted from one position to another having a higher pay range, the Employee shall receive an increase of not less than one pay step. If the Employee's current rate of pay is below the minimum rate of the new position, the pay shall be increased to the minimum step of the new position. If the Employee's current rate of pay falls within the range of the new position, the pay shall be adjusted to the next higher pay step in the range for the new position which is at least equal to one step increase above his/her current pay rate. UpGn cGmpletiGri-Gf-an-appre f-edLisation. - nGlUding*4.ping mat welts +rr a j� reW --C�Ooyee-wi !,-wive-a five 44PW-c-ent4nct'ease- n-pay-effea4v&44-tk-f-- next--payync4l--sy-C,le. The Ernpioye"hall4umish all- r-elevant-d44Gma&,--c7ert+f4cate&, tf�F�S#;�iplSir-�tI�EF-�9F�1F�#enta��@F���1@��lH-pF4EeSSkF1C� ��4s inGr ase shat-endufe while-thL-sert4iGatien or traiiijag4em ^s va,14-The-DepaftmeM-Hea4--s-ha# Gar pie and-r4a+ntaw��46t-ef valid-gaiwngs-and--Gertifiratiens-that--meet-t-he-re$ei rents -of -this in--Gfea-se-,and-a)all-sutim44he trrent-listfer4ewew-by-AREA-ne later- han-P4are�4-&-Gf-eveFy ear. aP-E+np1ayee4nay-9et4ien- -tie City -Manager or-tbe-Git-y- Manager's designee fer-�+deratier� f a�-ed�€cat+en pregra�-that-+s-a�tl�e-pr'e�prave�#-fist 2. Upon completion of an approved course of education. including training that results in a job -related certification an Employee will receive up to a five (5) percent increase in pay effective in the next payroll cycle. The Employee shall furnish all relevant diplomas, certificates transcripts, or other documentation prior to orocessina. This increase shall endure while the certification or trainin❑ remains valid. The Department Head shall compile and maintain a list of valid trainings and certifications that meet the requirements of this increase and shall submit the current list for review by SPEA no later than March 15 of every year. An Employee may petition to the City Manager or the City Manager's designee far consideration of an educ ti reprogram that is not on the pre -approved list. (LOA #6 signed March 8, 2021. 11.4 Rate of Pay for a Reclassification of a Position In any case where a position is reclassified, the pay step of the Employee occupying the position shall be that step in the new range which will provide the Employee with initial compensation at least equal to the step held in the old range. Anniversary date remains unchanged and no additional probationary period shall be required beyond that required of the position that is reclassified if the essential functions are the same between the old and new classification. In the event the reclassification results in a pay decrease, the Employee's rate of pay shall be frozen. 11.5 Upward or Downward Range Change of a Job Class ME In the case of a proposed increase ^- decrease in the pay range for a class of positions,- the parties --aWee- 4o--meel -and negotiate, ?#lam appf-opr ate--=.aIIgo p4aGeme;" employees keep their current rate of pay. 11.6 Promotion Following Demotion In lieu of Layoff If within one (1) year following a demotion in lieu of layoff, an Employee is reassigned back to a position in the former job classification the Employee was in at the time of Layoff, the Employee shall be placed at the same range and step the Employee was paid at prior to the demotion in lieu of layoff. 11.7 Transfers When an Employee is assigned to a new position in the same class for which the Employee is qualified, the Employee shall be transferred at the step the Employee was receiving, and no probationary period shall be served. The Employee's anniversary date shall remain the same as in the former position. 11.8 Demotion When an Employee is demoted, the Employee's pay step shall be that step which is determined by the Department Head and approved in advance by the City Administration. 11.9 Completion of Probation Upon satisfactory completion of the probationary period after initial appointment, the entrance salary of the Employee shall be advanced one step. An Employee will not receive a probationary increase if the Employee was hired at Step B or above initially. 11.10 Annual Step Increase 1, Employees who receive a performance evaluation of average or good to excellent shall receive an annual step increaser 2. 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 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 P, he/she must continue to demonstrate satisfactory service. IEVA 3. Anniversary date is the date that an Employee assumes regular status after the successful completion of a probationary period. This date does not change regardless of other personnel transactions, promotions, demotions or transfer that may occur during the course of an Employee's service with the City, except for a period of leave without pay in excess of thirty (30) days, in which case the Employee's anniversary date and length of service date shall advance by the number of days in excess of thirty (30). 4. Upan-completion-of-aNageendlor-classification-stLK-iy-ill which -grades and/or range r-L wed. Current regular Employees will be placed at the step and pay that reflects actual and credited years of service in their current department. Employees may receive credited service through the evaluation process or advance step placement. in-a-Step-a"he-same-level-Gf-pay -0- r higher to their previous Step. 5. In the event of a future wage and/or classification study in which grades and/or steps are changed, no regular Employee may be placed below their current step and pay per article 11.10.4. 11.11 Acting Appointments When any Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days but less than thirty (30) days„ he/she shall be compensated above his/her base rate by twenty-fiveen percent (254.0%). If an Employee's base rate is the maximum of the pay range, he/she shall be compensated above the maximum pay step by ter-pe oe-r+t my -five (2510%). If the assignment is for a period of thirty (30) calendar days or more, he/she shall be paid at the first step of the higher pay range or he/she shall be given a twenty-fiveen percent (254-9%) increase as provided in the preceding sentence;, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive his or her hourly rate plus twenty_-frveten percent (25� 9°/4} and will be paid for overtime at time and a half. - 11.12 Field Training/School Resource Officer Police Officers, Dispatchers and Correctional Officers assigned Field Training Officer (FTO) and School Resource Officer (SRO) duties shall receive a pay differential of two and one-half percent (2.5%) for each hour so worked as an FTO or SRO. Individuals lacking documentation of attendance at a formalized FTO training program are not eligible for FTO pay. 11.13 Overtime 143 1. All overtime work by a non-exempt Employee must have the prior written approval of the department Head. The Department Head shall review the record and certify overtime approved for payment. 2_ Non-exempt Employees shall be paid at one and one-half (1.5) times their regular rate of pay for all hours actually worked in excess of their regularly scheduled shift or forty (40) hour consecutive hours without having at least one day off. 2--3. For employees who are working a 12-hour scheduleA4 clays on and 3 days off / 4 days off and 3 days on) to work more than 40 hours consecutive without receiving overtime pay. They shall be paid overtime for more than 80 hours worked in a pay period. (LOA # 3-signed June 11, 2019) 11.14 Call -Out Pay Employees shall receive overtime pay if their normal shift has been completed and after returning home they are "called out" to perform additional work by their supervisor or if the Employee's supervisor requires the Employee to report before Employee's normal shift is scheduled to begin. This "call out pay" shall have a two (2) hour minimum. Supervisors called off duty for questions from subordinates shall be paid in 15- minute increments of overtime. 11.15 Stand -By Pay Only Department Heads are authorized to create a stand-by schedule. Employees that are placed on a schedule and must remain available for work after regular scheduled hours shall be designated as Stand -By and receive two 2 ene`0) hour of overtime at his or her regular rate of pay with a two (2) hour minimum for a call - out. Employees receiving stand-by pay must answer any incoming calls and be able to respond within thirty (30) minutes of the call being placed. 11.16 Stand -By Pay for Police Officers An Officer will be placed on a schedule and designated as on call, subject to Stand - By Pay 11.15, on Fridays and Saturdays nights when only one officer is assigned to work a shift. 11.17 Shift Differential Shift differential compensation applies to all Employees of those departments which schedule work twenty-four (24) hours per day who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act on the following bases: 144 1. Swing shift: The Employee who is assigned to swing shifts shall receive two and one-half percent (2.5%) additional pay to his/her current salary for the period he/she serves on swing shift. 2. Graveyard shift: The Employee who is assigned to graveyard shifts shall receive five percent (5%) additional pay to his/her current salary for the period he/she serves on graveyard shift. 11.18 Payroll and Pay Periods 1. Nothing in this Agreement shall prohibit retroactive pay approved by the City Council or required because of administrative oversight or error as determined by the City Administration. Personnel action implementing any change in status or pay shall be effective upon approval of the City Administration provided such changes are received by the Payroll Office at least ten (10) working days prior to the effective date. 2. The payroll period shall consist of the period from midnight Sunday to the following midnight Sunday. The standard work day shall be midnight to midnight. 3. Each Employee is responsible for a true and accurate reporting of actual hours worked. a. Department Heads, or designee, shall be responsible for providing the information needed to correctly process the payroll. 4. Break in service is defined as at least one (1) entire pay period off. IWO ARTICLE 12 HOURS OF WORK 12.1 Hours of Work and Scheduling Regular Hours of Work and Shifts: Regular working hours of City Employees shall consist of a five (5) day week, eight (8) hours a day, forty (40) hours a week. The standard work week shall consist of the period from midnight Saturday to the following midnight Saturday. The standard workday shall consist of the period between midnight and midnight. 2. Modified Schedule: Upon request and with approval of the Department Head, an Employee may work a designated schedule period (e.g. 7:00 a.m. to 6:00 p.m.) during which Employees may select an eight (8) or ten (10) or twelve (12) hour work period, with the approval of their Department Head. 3. Department Heads may, with at least two (2) weeks advance written notice to affected Employees, revise the schedule from an eight (8) hour workday to a ten (10) hour workday or a twelve �12�h gt� workday or the reverse. Employees shall also have the right to request their schedule be changed from an eight (8) hour workday to a ten (10) hour workday or_a twelve (12) r()rtr workday _or the reverse. Approval of such a request is at the discretion of the Department Head, but shall be accommodated whenever it will not adversely affect the needs of the Department. 4. Employees of the Police Department work a varied shift totaling forty (40) hours �or more weekly. LIJ_Lmployees assigned a 12 hour schedule may work more than 40 hours a week without being paid overtime so lone) as they do not exceed 80 hours in a two week "work period." Employees will be paid overtime for hours worked in excess of 12 hours worked in a day and in excess of 80 hours in a two -week period. All other_ employees working 12-hour shifts who are not exempt from the overtime requirements of the federal Fair Caber Standards Act small be paid at time and one half for work over 12 hours in a day or 40 hours in a "work week". �3} Employees assigned to work 12-hour shifts shall be assigned to day, swing or rave shut. Shift times may be delegated by the Department Head. Swing shift is paid a 2.5% differential and grave shift is paid a 5% differential. K) If a shift is temporarily ad1lusted to meet the needs of the department as stated in Seward City Code §3 15.055(b) and ends duringthe he normal scheduled shift shift differential will be based on the normal scheduled shift and be vursuant to Section 11.17 of the contract, Holidays are paid at 8 hours a day at the current rate of pay as stated in Seward City Code a3,5Q_010. Arrangements need to be made_to work 4 hours at the currentrate of pay or arrange to take annual leave for 4 hours on the h liday,_.or_pursuant to Article 13 of the contract 5} An annual leave day off is 12 hours of leave 4.-5. An Employee's work schedule shall normally provide two (2) consecutive days off, unless an emergency situation arises. 56, Nothing in this agreement precludes Employees from requesting different work hours or a different shift than that designated by the Employee's Department Head. With the approval of the Department Head, flexible work hours may be implemented on a departmental basis to accommodate Employees. The City will endeavor to work with Employees and grant their requests based on seniority and when operational requirements allow. 12.2 Temporary Schedules Department Heads may implement temporary shifting of Employees' working hours to meet routine needs. Changes of more than thirty (30) minutes may not be approved without a minimum of one (1) week's advance notice to the affected Employees. Nothing in this paragraph precludes temporary changes in Employee working hours in an emergency situation. If the essential functions of a position include emergency response during non-scheduled hours, refusal to work an alternate schedule or extra hours in an emergency situation without cause could result in discipline, up to and including dismissal. 12.3 Lunch/Break Period 1. Department Heads shall authorize either a one (1) hour or a half (1/2) hour unpaid lunch period to meet operational staffing requirements, Such periods will normally be taken at mid -shift. Employees who are not authorized a specific unpaid lunch period under this Section will be allowed to take lunch when work permits. If, at the City's direction, the Employee works through lunch, the Employee shall be paid for such time. 2. Employees may work straight shifts with no lunch break if approved by the Department Head. Straight shifts will be considered a Modified Schedule and subjected to the terms of Subsection 12.1.2, A straight shift or "working through lunch" is not available on an ad -hoc basis to allow an Employee to "make up time" if he/she is unable to work the regularly scheduled shift for the day. ` IYA 3. All Bargaining unit Members are allowed one (1) relief period not to exceed fifteen (15) minutes during the first half of the shift and one (1) relief period not to exceed fifteen (15) minutes during the second half of the shift. Breaks shall not be scheduled to extend the meal break, unless by mutual agreement. The relief period shall be taken in a manner which does not interrupt the flow of work. 4. Police Officers and other first responders get a paid lunch under FLSA because they are required to respond to calls. 4:5. Anv_Cit_y Employee _caIied out during off hours fc�r try.tar (/r) Iic) �r� rrr-il-iof will ter, provit.��ti a rn al urisitc_, if practicable. 12.4 Changes of Permanent Schedules All changes to permanent working schedules shall provide those Employees affected at least fourteen (14) calendar days' notice of any such change, except in unforeseen emergency situations or when the Employees waive the need for notice, or they will be paid at time and one-half (1.5) the Employee's regular rate of pay for hours worked during the notice period. 148 13.1 13.2 ARTICLE 13 HOLIDAYS Recognized Holidays with Pay Except for Firefighters, the following days will be recognized as holidays with pay for all Employees in full and part-time positions. New Year's Day President's Day Seward's Day Memorial Day Independence Day Labor Day Alaska Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day and such other days as may be proclaimed by the Mayor, Governor, or President. Holiday Falling on a Regular Day Off When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the holiday. When a recognized holiday fails on a Sunday, the Monday following shall be recognized as the holiday. When a full-time Employee's regularly scheduled time off falls on a recognized holiday, the City Administration shall allow, if scheduling permits, that Employee to take another day off during the pay period as the Employee's recognized holiday. In such a case, the Employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the Employee's normal Schedule. If the Employee is unable to take the time off, the Employee shall be compensated with regular pay equivalent to the number of hours in an Employee's regular shift in lieu of the holiday. The hours will be recorded on the Employee's timesheet on the date of the recognized holiday. This payment is in addition to and does not impact pay (wages) for hours actually worked during the pay period, whether hours actually worked include a recognized holiday (Section 13.1) or regularly scheduled workdays. This may result in holiday hours entered for a normal day off with no compensable time or holiday hours recorded in addition to actual hours worked on the date of the recognized holiday. 13.3 Computation of Holiday Pay 1. Full -Time Employees: Full-time employees shall receive their regular straight time rate of pay for recognized holidays. 2. Part -Time Employees: Part-time employees shall receive pay for recognized holidays based on their position's percentage of a full-time position. a. The number of hours included in holiday pay is equal to the number of hours in an Employee's regular shift. 3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's PTO leave shall not be counted as a day of PTO leave. 13.4 Forfeiture of Holiday Pay Employees shall forfeit their right to payment for any holiday if they are on leave without pay (to include injury, military, or other non-compensable leave status) or have an unexcused absence on the Employee's last regularly -scheduled workday before such holiday or on the Employee's next regularly -scheduled workday following such holiday IM, ARTICLE 14 PAID TIME OFF/LEAVE 14.1 Paid Time Off ("PTO") Personal leave shall be used for any and all purposes for which sick and/or annual leave has heretofore been used. 2- Requests for Time Off a. Requests to take personal leave for other than illness or injury must be requested in writing and require written approval_ I -leave requests require the prior written approval of the supervisor before any leave is taken. Employees in a probationary status are not eligible to take personal leave (unless the request was approved prior to hire unless -or the leave is requested due to illness or injury as described in Subsection 3 below). b. Employee requests to take_ personal leave shall be given full consideration and, to the extent practicable, approved. However, the parties agree that the final decision with regard to approval or disapproval of any request shall be based on the supervisor's determination of operational needs. The employee's sSupervisor shall respond to an Employee's request for time off within fourteen (14) calendar days for leave requested thirty (30) days in advance. In the event of multiple requests for the same time -frame, the Department Head may consider the Employee's seniority. c. Personal leave may not be approved for Employees following notice of intended resignation and Employees may not without permission of the Department Head be kept on leave status to "run out" their PTO balance prior to termination.. d. Personal leave must be pre -approved, -and therefore cannot be used in lieu of tardiness or for a same -day request, except as noted in Subsection 3 below. 3. Requests for time off due to illness and injury. a. When an Employee needs to use personal leave for illness or injury, the Employee shall notify the supervisor of their expected absence not later than the start of the Employee's scheduled shift of theif-expeGled absence. b. When a member takes three (3) or more consecutive work days of personal leave due to an illness or injury (not necessarily consecutive calendar days), the supervisor shall require the member to provide a physician's certificate stating the reason for the absence. IN 14.2 Leave Accrual Rate 1, All Regular Employees holding permanent or probationary status will accrue leave as follows: Years of Services 0-2 3-5 6-9 10 — 14 15+ Hours Per Year 160 200 240 303.33 347.1 Hours Pay Period 6 2/3 8 1/3 10 11 2/3 13 1/3 2. The minimum numbers of hours of annual leave that must be taken yearly are as follows: a. For personnel with less than three years of service, 40 hours of leave must be used. b. For personnel with three to six years of service, 60 hours of leave must be used. c. For personnel with six years of service or more, 80 hours of leave must be used. d. These limitations shall not apply to new employees until January 1 of the second calendar year following the hire's date. 3. It shall be the department head's responsibility to see that each Employee under his/her supervision has taken the minimum annual hours of leave required by this Section. An employee may elect to cash out leave on an hour for hour basis in order to comply with this Feq OF&m- er►t.-Thereguirement. The department head shall provide in writing to the city manager the reasons an employee in his/her department failed to take the minimum annual leave hours required. Such letter shall be made a part of the personnel file of the Employee in question. The city manager may waive these leave use requirements. 4. PTO accumulated in excess of the maximum of seven hundred twenty (720) hours as established in Section 4 below shall be deducted from the Employee's personal leave balance and paid as cash. 5. Timing of Use - Employees who are entitled to accrue annual leave upon satisfactory completion of their initial probationary period shall receive credit for annual leave accrued since date of appointment. Probationary employees may use their leave with the department head approves. `MA 6. Leave does not accrue during periods of leave without pay. 14.3 Leave Anniversary Date Changes in the leave accrual rate take effect on the first day of the pay period immediately following the date on which the Employee completes the prescribed period of service. 14.4 Maximum Accrual Unused PTO may accumulate up to seven hundred and twenty (720) hours as of December 31. 14.5 Payment of PTO upon Termination Upon separation during initial probation, PTO shall not be granted or paid the employee. In other separations, the PTO balance shall be paid in a lump sum based on the employee's regular rate of pay. 14.6 PTO Leave Cash -Out Employees with at least one (1) year of continuous service with the City may cash out their leave provided they retain at least 240 hours in the bank. The City Administration has the authority to defer a request for up to thirty (30) days if there is a budget shortfall or cash flow problem or any other legitimate business need arises. The Employee shall be notified in writing of the reason for the deferral. 14.7 donated Leave Donation of leave to another Employee will be allowed in cases of serious, unforeseen medical emergency circumstances and upon approval by the City Administration. The value of the donated leave time will be computed at the regular rate of pay of the donating Employee and converted into hours of equal value based upon the regular rate of pay of the receiving Employee. 14.8 Military Leave Employees shall be entitled to military leave in accordance with State law, including but not limited to AS 39,20.340, and Federal law, including but not limited to USERRA. 14.9 14.-5 -Worker's Compensation 1. An employee injured in the line of duty shall be entitled to workers' compensation aav from the city without deduction from annual leave balan 153 for up to six. weeks. Retirement benefits, annual leave accrual, and medical insurance coverage shall continue. If an employee receives workers' compensation pay from the insurance carrier during the time he/she is also receiving workers' compensation pay from the city, he/she shall return his/her full workers' compensation pay from the insurance carrier to the city. 2. After six weeks have expired, the employee may elect to use annual leave. At that time the employee will retain his/her insurance workers' compensation benefits. While on annual leave retirement benefits annual leave accrual and medical insurance coverage shall continue. 3. After all annual leave has expired, or if the employee elects not to use annual leave, the employee will receive only insurance workers' compensation benefits and will be considered on leave without pay from the city. While on. leave without pay, retirement benefits and annual leave accrual are suspended but medical insurance coverage continues. This is to be in effect until a doctor's statement is submitted advising that the employee is Physically fit and capable to perform his/her iob description with or without reasonable accommodations. a -)--An Employee injwred-in e-4ine of duty --&ha l-be en ti ed4o-wokefE� atiarr { y�f r-tie-pity rs arrt tv C440 040--and-subjeet ta- tlae-tof�t#�ere+f�: ---ff-�y#^�p�-�ity"a►��e/ n�1d��-��-3L:8�' /p{3�.,dui+�-#.tie-te��e#�kais-se�t�as#p;-ty[f����e aTl-iLi�rVvi-sio 1 Capp ly-'kF -Employe ufWeT.. 4is Caf 'te the. Game-e*ta #t-as-nef!-repre ented-e Gypgs- 14.10 Jury Duty / Court Leave Jury Duty shall be treated as administrative leave _(wit�r ppayl from the City. Services in court when subpoenaed as a witness on behalf of the Ccity, or when called as an expert on a matter of City concern, or relating to a municipal function, will be treated the same as jury duty. In order to be entitled to jury duty leave, the Employee shall provide the department head with written proof of the requirement of his/her presence for the hours claimed. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the Ccity, except the fees paid for court duty which occurs on the Employee's normal non - work days may be retained by the Employee. Witness service for anytl-e purpose other than thos juste described bove. will be covered by annual leave or leave without pay and any fees received in this connection may be retained by the Employee. 154 2. Employees serving on jury duty during their regular time off will be allowed to flex the time to their regular work week or receive overtime pay at the discretion of the department head. 14.11 Leave Without Pay An Employee may receive up to three (3) months leave without pay if the City Administration approves it after consultation with the affected Department Dead. Such leave shall only be granted after an Employee has exhausted all paid time off. The granting of such leave is within the sole discretion of the City Administration. It shall not be granted if the Employee's absence will hamper provision of City services or operations. 2. There shall be no PTO accrual during any pay period for which the Employee is claiming Leave without Pay under this Section. 14.12 Family and/or Medical Leave of Absence The City shall comply with the federal Family and Medical Leave Act (FMLA) and the State of Alaska Family leave Act (AFLA). FMLA and AFLA, when both are applicable, run concurrently, and paid leave, when available, is charged during periods of approved family leave until exhausted. During family leave, when the Employee is receiving no pay from the City, the Employee is still responsible for remitting the Employee portion of any benefit -related charges to maintain the benefit. 14.13 Funeral Leave Each full-time Employee shall be eligible for seven (7) consecutive working days of leave for each funeral of a member of the Employee's immediate family. Such leave shall not be deducted from the Employee's PTO account. 14.14 Definition of "Immediate Family" The definition of immediate family will be as provided for in the Family Medical Leave Act. `&V ARTICLE 15 WORK RULES 15.1 Work Rules The City shall have the right to establish and notify Employees of workplace policies, procedures, and/or rules regarding any matter, and to require Employees to abide by such policies, procedures, and/or rules, so long as such policies, procedures, and/or rules are not inconsistent with any express provision of this Agreement. An arbitrator shall have no authority to interpret, apply, add to, detract from, alter, amend, or modify such policies, procedures, and/or rules. 15.2 Protection of Rights An Employee shall not be required, in the performance of his or her duties, to violate any federal, state, or local law. In performing his or her duties, an Employee shall comply with all applicable federal, state, and local laws. Each Employee is required to act with due care and regard for Employee's own safety and that of fellow Employees and to respect the person and property of other Employees and persons. The City agrees that it will not deduct the cost of lost, missing, stolen, or damaged property belonging to the City from an Employee's pay, provided the loss or damage was not willfully or negligently caused by or through the actions of the Employee. 15.3 Non -Discrimination 1. Employees shall not be discriminated against with respect to compensation or terms or conditions of employment because of race, national origin, color, age, creed, religion, sex, sexual orientation, gender identity, political affiliation, marital status, ancestry, disability, or status as a disabled veteran. 2. The Employer and Union agree to comply with all state, federal, and local laws, rules, or regulations prohibiting discrimination against any person with regard to all aspects of employment or membership. Anti -discrimination laws shall take precedence over the terms of this contract. 3. No Bargaining Unit Member shall be discriminated against for upholding lawful union activities. Employees, who serve on an SPEA committee or committees or serve as Employee Representative or as an officer of SPEA, shall not lose his/her position or be discriminated against for these reasons. 15.4 Employee Indemnification The City shall indemnify Employees as required by law. fhb: 15.5 No Polygraph or Lie Detector The City agrees that it will not require, request, suggest, or cause any Employee, or applicants for employment, to submit to examination by a polygraph or other kind of lie detector as defined by 29 U.S.C. 2001. No examination by polygraph or other lie detector shall be used in any personnel decisions, including discipline, discharge, or promotion. This does not prohibit legitimate polygraph use in criminal piFoceedwgs or for law enforcement pre -employment screening pro ss+es. 15.6 Outside Employment No Employee shall be employed by or engage in work for an employer other than the City, including but not limited to self-employment, during the Employee's work hours. Nor shall any Employee be employed in a position that presents a conflict of interest in regard to the Employee's duties to the City. A conflict of interest shall be defined as: 1) when the Employee's eL+tside employment is likely to bene-fit from the Employee's position with the City 2) when the outside employment is likely to p _ Employee's City cause the Employee's erfarmance to diminish and3) whenthe , job duties involve regulating the proposed employer_ 15.7 Unlawful Acts Prohibited 1. No Employee shall willfully, negligently, or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment held or made, or in any mariner commit or attempt to commit any fraud with respect to reports, paperwork, or other duties that are required of the Employee under this Agreement, City rules, policies, or procedures, or federal, state, or local laws. 2. No person seeking appointment to, or promotion in, City service shall, either directly or indirectly, give, promise, render, or pay any money, service, or other valuable thing to any person for, or on account of, or in connection with, his or her test, appointment, proposed appointment, promotion, or proposed promotion. 3. No Employee of the City, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examinations, eligibility certification, or appointment under these rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the City service. 4. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, creed, sex, sexual orientation, gender identification, WFA religion, national origin or ancestry, age, or disability, except where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration, is prohibited. 15.8 Gifts and Gratuities 1. It shall be the responsibility of each City Employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting impartiality of the individual Employee. If an Employee is tendered or offered a gift or gratuity which would, in the eyes of the public or public officials, be construed to be an attempt to bribe, influence, or encourage special consideration with respect to municipal operations, such offers shall be reported without delay to the Employee's immediate supervisor who in turn will inform the Department Head, 2. If there should be any doubt whether a gift or gratuities is of such significance as to create undue influence upon the Employee, the matter shall be reported to the Department Head. If any Employee shall knowingly accept any gift or gratuity which creates undue influence or results in special consideration which benefits the giver, the Employee is subject to progressive discipline, up to and including dismissal for just cause. 15.9 Employment of Relatives No person may be employed in any position supervised by a family member, provided this will not prevent continued employment with the City of persons who are presently employed at the adoption hereof. Additionally, family member shall not be placed in a position such that one member is required or authorized to review the work, personnel documents, expense account, or time records of another family member. For the purpose of this Section, a family member shall be defined as follows: a. spouse; parents; step-parents; brothers, sisters, and their spouses; step- brothers, step -sisters, and their spouses; children and their spouses; father-in- law; mother-in-law; sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their spouses; step -children and their spouses; grand -stepchildren and their children; aunts; uncles; nieces; and nephews. b. If two Employees marry or otherwise become related (as defined by immediate family member), neither of the Employees will be allowed to hold supervisory authority over the other one. 15.10 Political Activity 158 1. An Employee, who is elected as a member of the Seward City Council or to a state or national elected political office, shall immediately resign from City employment. In this Section, "elected" means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election. 2. An Employee who is a political candidate for any elected office shall not conduct political activities during work time or on City owned property. Use of City equipment to conduct any political or personal activities is strictly prohibited. `M ARTICLE 16 SAFETY 16.1 Safety Rules 1. Safety rules, policies and procedures of the City, which the City may modify from time to time, are incorporated by reference and made part of this Agreement. All Employees must at all times comply with such safety rules, policies and procedures. Any Employee who is injured on the job must make an immediate report to the Employee's supervisor, no matter how slight the injury. Failure of an Employee to follow safety rules, including the immediate reporting of injuries, may result in discipline up to and including dismissal through the progressive discipline process. 2. The City and Union are mutually committed to the reasonable efforts to maintain safe and healthful working conditions for all Employees. It shall not be a violation of this Agreement or grounds for discipline or dismissal if an Employee, in good faith, refuses to work in/on what the Employee reasonably believes to be unsafe conditions for his or her job which would subject the Employee to serious injury or death. Whenever possible, an Employee must first seek from the City a correction of the dangerous condition. Employees shall not knowingly continue to work in what they know to be a dangerous condition. 3. An Employee who notices an unsafe work condition is mandated to report the unsafe condition to their immediate supervisor. The immediate supervisor shall proceed to copy the City's designated OSHA Safety Officer or Human Resources Administration. 16.2 Drug Testing The City and Union agree that any drug and/or alcohol testing policy or procedure adopted by the City Council or required by law shall be applicable to the Employees covered by this Agreement. Failure of an Employee to comply with such policy or procedure shall be grounds for discipline up to and including dismissal. 16.3 Safety Devices and Uniforms The City shall provide all devices, apparel or equipment necessary for an Employee's safety in accordance with applicable laws. Additionally, the City shall provide special tools, equipment, clothing and uniforms it deems necessary to accomplish work assignments. All items provided to Employees in accordance with this Section are the property of the City, may be used only for official work purposes, and when practicable, shall remain in their place of employment at all times that the property is not in use by the Employee and shall be returned in good working order upon separation from City service. f11-16, ARTICLE 17 BENEFITS 17.1 Health Insurance 1. The City will provide all full-time Employees and their qualified dependents a benefit package in accordance with Council approved policies, Full-time Employees are those Employees who are normally scheduled to work thirty (30) or more hours a week. Employees are solely responsible for any personal tax liability incurred for said benefits. a. Employees in positions exposed to unique hazards or which exhibit a proven risk for the development of certain illnesses will be provided with medically recommended immunizations or preventative screenings. 2. The City shall pay to the health insurance program, in the manner as determined by Council for all Employees. if the City wishes to increase the employee health insurance cost share, the parties will renegotiate the contribution amounts, if necessary. 17.2 Health Insurance Renewal or Replacement Within ten (10) working days of receipt of all health insurance options each year the City will provide a copy of the options received to the Union. The City will review the options with the Union prior to reviewing or replacing the health insurance program. 17.3 Longevity Bonus 1. All regular Employees, after completion of one (1) year's services, equal to two thousand and eighty (2,080) hours, shall be paid longevity pay at the rate of one percent (1 %) of his/her regular salary. Longevity pay shall be paid once each year on the first pay day of December. 2. Any break in City employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of thirty (30). Time served as a temporary Employee shall not be included. 17.4 Retirement 1. The City has in effect a retirement plan with the Public Employees Retirement System (PERS) for all eligible City Employees included in this Agreement. 17.5 Training/Professional Development 1, The City and Union agree that education and training may enhance an Employee's job performance and prepare the Employee for career 114 advancement within the City. To that end, the City and Union encourage Employees to take advantage of City -sponsored training and/or professional development programs. 2. department Heads shall provide active leadership in developing the Employees under their supervision. In this capacity, they shall: a. Cooperate closely with the city manager in determining the current and future employee development needs in the department. b. Participate with the city manager in developing and implementing employee development programs c. Budget sufficient funds to secure needed career development programs d. Evaluate the effectiveness of completed career development programs and make recommendations for improvement where appropriate; e. Assure that Employees are provided with sufficient time to participate in career development programs. I"M ARTICLE 18 STRIKEILOCKQUTIWORKSTOPPAGEIPICKET LINE 18.1 Strike/Lockout The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of this Agreement. 18.2 Picket Lines The parties agree that it shall he a violation of this Agreement and it shall be cause for disciplinary action in the event an Employee refuses to go through or work behind any picket line. The City specifically retains all of its rights under AS 23.40,200. i"M ARTICLE 19 GENERAL PROVISIONS 19.1 Duration This Agreement shall become effective January 1, 20224-9 and shall continue in full force and effect through midnight, December 31, 2022.2424. Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by one party not laterthan January 1st of any succeeding year. 19.2 Severability 1 Violations: If any term or provision of this Agreement is, at any time during the life of this Agreement, adjudged by a court or administrative body of competent jurisdiction to be in conflict with any law, such term or provision shall become invalid and unenforceable, but such invalidity or unenforceability shall not impair or affect any other term or provision of this Agreement. 2. Replacement: If a determination or decision is made pursuant to Subsection 1 of this Article that part of this Agreement is found to be in violation of law, the parties to this Agreement shall convene for the purpose of negotiating a satisfactory substitute for the invalidated article, section or portion thereof. 3. Printing of the_6greement: The parties agree that a Union representative and a person appointed by the City will meet and mutually agree on the format, size, and specifications of the Agreement to be printed. The Union shall print or be responsible for the printing of the Agreement. The parties will designate the number of copies of the Agreement each desires and each party will be responsible for the cost involved in printing that number of copies. 19.3 Waiver of Bargaining Rights and Amendments to Agreement During the negotiations resulting in this Agreement, the City and the Union each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter as to which the Alaska Public Employment Relations Act imposes an obligation to bargain. This Agreement contains the entire understanding, undertaking, and agreement of the City and the Union, after exercise of the right and opportunity referred to in the first sentence of this Section, and finally determines all matters of collective bargaining for its term, 19.4 Changes to Agreement This Agreement may be amended with the mutual consent of the parties. Changes in this Agreement, whether by addition, deletion, amended or modification, must 164 be reduced to writing and extended by both the City and Union in the form of a Letter of Agreement. I"M Appendix A Positions Eligible for Union Representation Accounting Supervisor -- ._........_...-- Accounting Technician I (Payroll) Accounting Technician II (AM) Accounting Technician II (Utility) Accounting Technician III Administrative Assistant - Recreation Animal Control Officer Building Inspector Corporal _ _ Corrections Officer Corrections Sergeant — Curator Custodian - Municipal Buildings Dispatch Supervisor Dispatcher DMV Clerk Executive Assistant F i re1P W/Parks/E le ct ric/Ha rbor/Clerk/ Fire/Building Inspector Harbor Worker II Harbor Worker III Maintenance Mechanic Operator MIS Tech _ Office Manager - Harbor Part-time Animal Control Assistant Part-time Library/Museum Patrol Officer Patrol Sergeant Planning Technician Program Coordinator i;Camp Senior Computer Technician Shop Foreman Technician Water/Wastewater Foreman Water/Wastewater Operator round/Recreation: Appendix B Pay Ranges Administrative and Technical 2.05% Between Each Step (A-P) 10% Between Each Grade (14) 35% Range Spread from Minimum to Maximum Grade A B C D E F G H I J K L M N O P 1 32,500 33,166 33,846 34,540 36,248 35,971 36,708 37,461 38,229 39,012 39.812 40,628 41,461 42,311 43,178 44,063 2 35,750 36.483 37,231 37,994 3a,773 39,566 40,379 41,207 42.051 42,913 43,793 44,691 45,607 46,542 47.496 48,470 3 39,325 40,131 40,954 41,793 42,660 43,524 44.417 45,327 46,257 47,205 48,172 49,160 50,168 51,196 52,246 53,317 4 43.258 44.144 45,049 45,973 46,915 47,877 48,850 49,860 50.882 51,925 52,990 54,076 55,185 56,316 57,470 58,648 Supervisors and Advanced Technical 2 05% Between Each Step (A-P) 101% Between Each Grade (5-9) 35% Range Spread from Minimum to Maximum Grade A B C ❑ E F G H I J K L M N O P 5 45,000 45.923 46,664 47.825 48,805 49,806 50,827 51,868 52.932 54,017 65,124 56,254 57,407 58,SU 59,785 61.011 6 49,500 50,515 51,550 52,607 53,686 54,786 55.909 57,055 58.225 59,419 60,637 61,880 63,148 64,443 65.764 67,112 7 54,450 55,566 56,705 57.868 59,054 60,265 61.500 62,761 54,047 65,360 66,700 68,068 69,463 70,887 72,340 73,823 8 59,895 61,123 62,376 63,655 64,959 66,291 67,650 69,037 70.452 71,896 73,370 74.874 76.409 77,976 79,574 81.206 9 65,885 67,235 68,613 70,020 71,455 72,920 74,415 75,941 77,497 79,088 80,707 82362 84,050 85,773 87.532 89,326 Directors and Senior Managers Open Ranges 7 5% Between Each Grade (10-13) 40% Range Spread from Minimum to Maximum Grade A B C I D I E I F G I H I I I J I K I L I M N 1 O P 10 70,000 98,000 11 75.250 105,351) 12 80,894 113,251 13 86,961 121,745 167 City of Seward All employees (SPEA contract 2021 NEGOTIATIONS) NO IBEW, Seasonal, Temporary or Grade 10+ Employees Last name< First Name Hire Date Title Gr ad e St pp CURR ENT RATE ANNUA DATE MOVED TO YEARS OF SERVIC E grade RATE BASED ON COLUMN ANNUA ANNUA L RATE* CURRENT DEPARTMENT /step based L RATE* L DIFFERE 2080 on 1/yea 2080 NCE K r ADELMAN N RICHA RD 8/23/ 1993 WATER/WASTEWATER FOREMAN 9 K $38.80 $80,704 .00 1995 26.00 P $42.95 $89,336 .00 $8,632.0 0 AMBROSIA NI NANE TH 10/15 /2012 ACCOUNTING SUPERVISOR 8 D $31.69 $65,915 .20 08-11;13- CURRENT 11.00 K $35.27 $73,361 .60 $7,446.4 0 ANGER RYAN 8/7/2 019 HARBOR WORKER II 7 B $26.71 $55,556 .80 HIRED INTO DEPARTMENT 2.00 B ARMSTRON G MATT HEW 8/9/2 004 PATROL OFFICER 8 P $39.04 $81,203 .20 HIRED INTO DEPARTMENT 17.00 P BALLARD JOSHU A 10/3/ 2019 PATROL OFFICER 8 C $29.99 $62,379 .20 HIRED INTO DEPARTMENT 2.00 B BROCKMA N KENN ETH 7/3/2 008 PATROL OFFICER 8 0 $38.28 $79,622 .40 HIRED INTO DEPARTMENT 13.00 M BROUGHTO N RICHA RD 4/21/ 2017 HAROBOR WORKER II 7 C $27.26 $56,700 .80 HIRED INTO DEPARTMENT 4.00 D $27.82 $57,865 .60 $1,164.8 0 BURNETT TERYN 5/13/ 2021 C.D.-EXECUTIVE ASSISTANT 4 A $20.80 $43,264 .00 HIRED INTO DEPARTMENT 0.00 A CALENICI TATIA NA 5/30/ 2019 ELECTRIC -EXECUTIVE ASSISTANT 4 A $20.80 $43,264 .00 HIRED INTO DEPARTMENT 2.00 B $21.22 $44,137 .60 $873.60 CEMPE COHEN VICTO RIA 10/1/ 2019 DISPATCHER 6 B $24.29 $50,523 .20 HIRED INTO DEPARTMENT 2.00 B CONANTJR JAMES 7/9/2 018 WATER/WASTEWATER OPERATOR 7 A $26.18 $54,454 .40 HIRED INTO DEPARTMENT 3.00 C $27.26 $56,700 .80 $2,246.4 0 CORRIGAN KARE N 2/22/ 1999 CITY CLERK-ADMIN ASSISTANT 4 1 $24.46 $50,876 .80 10/11/2018 3.00 C COURNOYE R JASON 2/22/ 2005 WATER/WASTEWATER OPERATOR 8 J $34.57 $71,905 .60 HIRED INTO DEPARTMENT 16.00 P $39.04 $81,203 .20 $9,297.6 0 CROSSLEY NATH ANIEL 1/3/2 019 FIRE/BUILDING INSPECTOR 9 B $32.32 $67,225 .60 8/17/2020 1.00 A DOYLE THOM AS 3/9/2 021 CORRECTIONAL OFFICER 6 E $25.81 $53,684 HIRED INTO DEPARTMENT 0.00 A ESTES JOSHU 8/22/ SR. I.T. TECHNICIAN 9 F $35.06 $72,924 HIRED INTO 14.00 N $41.24 $85,779 $12,854. A 2007 .80 DEPARTMENT .20 40 FINCH AARO 5/30/ MAINT/MECHANIC 7 A $26.18 $54,454 HIRED INTO 2.00 B $26.71 $55,556 $1,102.4 N 2019 OPERATOR .40 DEPARTMENT .80 0 GRIFFITH MARY 5/4/2 EXECUTIVE ASSISTANT- 4 C $21.66 $45,052 HIRED INTO 1.00 A 020 HARBOR .80 DEPARTMENT GRIMES KYLIE 12/14 EXECUTIVE ASSIST.- 4 C $20.80 $43,264 HIRED INTO 1.00 A /2020 PARKS&REC .00 DEPARTMENT GUNTER JACK 6/15/ LIBRARY/MUSEUM 4 B $21.22 $44,137 HIRED INTO 1.00 A 2020 TECHNICIAN .60 DEPARTMENT HAND II SHAN 6/29/ MAINT/MECH 7 A $26.18 $54,454 HIRED INTO 1.00 A E 2020 OPERATOR .40 DEPARTMENT HEISE JOHN 5/26/ DISPATCH 7 C $27.26 $56,700 HIRED INTO 6.00 F $28.97 $60,257 $3,556.8 2015 SUPERVISOR .80 DEPARTMENT .60 0 HINTON EVAN 1/6/2 DISPATCHER 6 B $24.29 $50,523 9/27/2020 1.00 A 018 .20 HUETT REGE 6/7/2 DMV CLERK 5 C $22.53 $46,862 HIRED INTO 0.00 A NIA 021 .40 DEPARTMENT HULBERT NANC 10/8/ HARBOR OFFICE 6 B $24.29 $50,523 HIRED INTO 2.00 B Y 2019 MANAGER .20 DEPARTMENT JUSINO SULLY 11/25 ACCOUNTING TECH II 6 B $22.08 $45,926 5/8/2020 1.00 A NOVA /2019 (AP) .40 KING ALLEN 1/11/ CORRECTIONS 7 J $31.42 $65,353 HIRED INTO 15.00 O $34.78 $72,342 $6,988.8 2006 SERGEANT .60 DEPARTMENT .40 0 KINNEY MIKAE 5/23/ STREET FOREMAN 8 H $33.19 $69,035 7/5/2016 5.00 E L 2002 .20 LANE DONA 12/20 DISPATCHER 6 B $23.80 $49,504 HIRED INTO 1.00 A LID /2020 .00 DEPARTMENT LOERTSCHE KIRST 8/20/ EXECUTIVE ASSIST. 4 C $21.66 $45,052 HIRED INTO 2.00 B R EN 2019 PUBLIC WORKS .80 DEPARTMENT MALLORY TYLER 4/28/ PATROL OFFICER 8 H $33.70 $70,096 HIRED INTO 6.00 F 2015 .00 DEPARTMENT MCDOWEL SHELLI 1/22/ ANIMAL CONTROL 6 C $24.78 $51,542 HIRED INTO 7.00 G $26.88 $55,910 $4,368.0 L 2014 OFFICER .40 DEPARTMENT .40 0 MOCNIK KATJA 12/17 ANIMAL CONTROL 3 B $19.29 $40,123 HIRED INTO 3.00 C $19.69 $40,955 $832.00 /2018 ASSISTANT -PT .20 DEPARTMENT .20 MOORE MICH 7/10/ SHOP FOREMAN 8 H $33.19 $69,035 HIRED INTO 29.00 P $39.04 $81,203 $12,168. AEL 1992 .20 DEPARTMENT .20 00 MOORE WAYN 8/13/ HARBOR WORKER III 8 E $31.23 $64,958 HIRED INTO 14.00 N $37.49 $77,979 $13,020. E 2007 .40 DEPARTMENT .20 80 Eby NELSON DAVID 6/25/ CUSTODIAN 3 D $21.35 $44,408 2013 8.00 H $21.79 $45,323 $915.20 2013 .00 .20 NICKELL TAM 7/17/ HUMAN RESOURCES 9 E $34.35 $71,448 4/1/2020 1.00 A MY 2006 OFFICER .00 NILSSON STEFA 2/18/ BUILDING INSPECTOR 9 0 $42.61 $88,628 4/25/2005 16.00 P $42.95 $89,336 $707.20 N 2003 .80 .00 ODELL GEOR 6/24/ I.T. TECHNICIAN 8 C $29.99 $62,379 HIRED INTO 7.00 G $32.52 $67,641 $5,262.4 GE 2014 .20 DEPARTMENT .60 0 OLIVER MICH 10/20 DISPATCHER 6 E $25.81 $53,684 HIRED INTO 6.00 F $26.34 $54,787 $1,102.4 ELLE /2015 .80 DEPARTMENT .20 0 ORTON GERAL 4/25/ CORRECTIONS 6 A $23.80 $49,504 HIRED INTO 3.00 C $24.78 $51,542 $2,038.4 D 2018 OFFICER .00 DEPARTMENT .40 0 PEASE ZACH 10/2/ HARBOR WORKER II 7 B $26.71 $55,556 HIRED INTO 1.00 A ARY 2020 .80 DEPARTMENT PIKE WILLI 1/26/ MAINT/MECH 7 A $26.18 $54,454 HIRED INTO 4.00 D $27.82 $57,865 $3,411.2 AM 2017 OPERATOR .40 DEPARTMENT .60 0 ROBINSON LISA 3/5/2 CORRECTIONAL 6 C $24.78 $51,542 HIRED INTO 0.00 A 021 OFFICER .40 DEPARTMENT ROGERS JEREM 6/27/ ACCOUNT TECH II- 5 K $26.50 $55,120 HIRED INTO 3.00 C Y 2018 UTILITY .00 DEPARTMENT ROY BECKY 9/11/ ACCOUNT TECH II 4 B $21.22 $44,137 12/10/2020 3.00 C $21.66 $45,052 $915.20 2018 .60 .80 ROY JEFFR 1/5/2 HARBOR WORKER II 7 E $28.70 $59,696 HIRED INTO 11.00 K $32.07 $66,705 $7,009.6 EY 010 .00 DEPARTMENT .60 0 RUTLEDGE JENNY 4/26/ PROGRAM 5 A $21.63 $44,990 6/1/2020 2.00 B $22.08 $45,926 $936.00 2019 COORDINATOR -S&R .40 .40 SAYLER ADAM 1/12/ P&R OPERATIONS 8 C $29.99 $62,379 HIRED INTO 0.00 A 2021 SUPERVISOR .20 DEPARTMENT SEWELL MISTY 6/4/2 EXECUTIVE ASSISTANT 4 A $20.80 $43,264 HIRED INTO 0.00 A 021 HARBOR .00 DEPARTMENT SIEMINSKI ANTH 7/31/ HARBOR WORKER II 7 F $28.97 $60,257 2005-10; 16 10.00 J $31.42 $65,353 $5,096.0 ONY 2016 .60 THROUGH .60 0 CURRENT STALLARD JESSIC 1/15/ DEPUTY CITY CLERK 5 B $22.42 $46,633 4/10/2018 3.00 C $22.53 $46,862 $228.80 A 2018 .60 .40 THORN SHAN 12/14 ACCOUNTING TECH II 4 C $21.66 $45,052 HIRED INTO 1.00 A NON /2020 (PAYROLL) .80 DEPARTMENT WILLHITE ALISO 10/1/ CAMPGROUND 5 B $22.08 $45,926 HIRED INTO 1.00 A N 2020 COORDINATOR .40 DEPARTMENT 170 WOODARD MORG 11/25 PATROL OFFICER 8 K $35.27 $73,361 HIRED INTO 8.00 H AN /2013 .60 DEPARTMENT YANUSZ ELANA 11/25 MUSEUM CURATOR 6 B $24.29 $50,523 HIRED INTO 2.00 B _ /2019 .20 DEPARTMENT Total $112,174 171 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page CALL TO ORDER The July 26, 2021 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Sergeant Patrick Messmer led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Tony Baclaan Sharyl Seese Liz DeMoss comprising a quorum of the Council; and Janette Bower, 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 Christiana Smith was vice president of Save Our Seward (SOS) Pets, and she supported the resolution for the new animal shelter. Jane Belovarac supported the resolution for the new animal shelter, as well as the funding for it. She said the citizens voted council into office, and she requested that council please respect the wishes of the citizens and approve the animal shelter resolution. Timothy Mullet was a wildlife biologist for Kenai Fjords National Park. He was a big supporter of the new animal shelter. He appreciated that Seward's animal shelter was non -kill, and had adopted a dog and three cats from the shelter. He said the current shelter was too small, and was proud of Shelli McDowell's hard work and resilience; he was also concerned that the current shelter was in the tsunami inundation zone. Amanda Lyon supported the animal shelter resolution. `r`: City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Teri Arnold supported the animal shelter resolution and the proposed funding for it. She thought the measure of a community was defined by how well the children, elderly, and animals were cared for. Clare Sullivan supported the animal shelter resolution. She was concerned with the discussions about possibly relocating the location to the SBS building rather than on Sea Lion Drive; she thought there were several issues with the SBS location, including potential hazmat issues. Lila Hurst supported the animal shelter resolution and the efforts of Animal Control Officer Shelli McDowell. Hurst had volunteered countless hours and financial support, and had witnessed McDowell doing the same. Kurt Froening worked for Alaska Waste. For many years, he said Alaska Waste had provided service to Seward and he wished for that to continue. He wanted to expand Seward's recycling options in the future. Tara Reimer congratulated Lydia Jacoby for winning a gold medal at the Olympics. She supported the animal shelter, and knew first-hand that taking care of animals required a purpose-built facility. She was on the board of Sustainable Seward, and supported recycling in Seward. Shauna Potocky supported the animal shelter; having a decent animal shelter was the most humane thing a community could provide. The current facility did not meet the community's needs. Cliff Krug supported the animal shelter resolution. He did not wish to see the resolution gutted or amended; he asked for it to remain intact and be approved. He said Shelli McDowell was Kelly Ann Cavaretta was on the board of directors for Sustainable Seward; she hoped that the next garbage contract would include recycling. She wished to minimize that waste stream going into the landfills. She said Sustainable Seward was working on getting some recycling bins that would be collected by Alaska Waste. Patty Linville had adopted several pets from the animal shelter. She thought the new animal shelter was long overdue, and she thanked Shelli McDowell. Tim McDonald didn't understand why the price of the new animal shelter was so high; he didn't think it should be that expensive to build a shelter. He warned that feral cats could become killers to birds and wildlife. He thought the Lowell Point Sewage Lagoon should be tested, because he knew that there were drugs going into the systems of other communities, and was concerned for Seward's effluent water going into Resurrection Bay. Lynda Paquette wished to remain on the Port & Commerce Advisory Board (PACAB) for another term. She echoed the comments about potential pharmaceuticals in the effluent water and thought it would be responsible for the city to determine if that was a real concern for Seward or not. 173 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Heidi Sinclair said the animal shelter was a big deal to her; abandoned pets would keep coming. She fully supported the animal shelter resolution. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Terry removed Resolution 2021-082 from the consent agenda. Terry removed the introduction of Ordinance 2021-006 from the consent agenda. Casagranda removed Resolution 2021-079 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2021-080, Authorizing The City Manager To Execute A Grant Agreement With The State Of Alaska Department Of Transportation Harbor Facility Grant Program And Accepting Grant Funding In The Amount Of $1,729,988 For The G, E, And L Float Replacement Project At The Seward Boat Harbor. Resolution 2021-081, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Approval of the July 12, 2021 City Council Regular Meeting Minutes. Appoint Bruce Jaffa and Lynda Paquette to the Port & Commerce Advisory Board with terms to expire July, 2024. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Seward Pride Weekend Proclamation City Manager Report. City Manager Janette Bower introduced Jessra Snyder as the city's new finance director. Harbormaster Norm Regis said the US Coast Guard named Seward's new Fast Response Cutter (FRC) as Frederick Mann, named for a Navy veteran for his heroism during World War H. Bower said she was aware that there had been some parking issues in town, and wanted council to know it was being worked on. Parks & Recreation Direct Tyler Florence said some of the issues were people overstaying the time limits for parking, parking in handicap parking spots 174 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page without placards, and parking in restricted or prohibited areas. To address these concerns, he was working on re -painting areas, increasing signage, patrolling, citations, and warnings. Florence had been working for some time on trying to secure reliable, on -demand towing services, in conjunction with an increase in other enforcement measures. He was currently drafting a Request for Proposals (RFP) for towing services. He said one item to consider was the pricing for parking. As well, he said the Center Lot (just north of the Harbormaster's office) received the most complaints and had the most congestion; that lot was free and was the most premium location. Florence suggested that the best parking location should demand the highest parking fee; perhaps contracting out the management of the Center Lot could be an option, or even selling the Center Lot could be considered; in addition, perhaps installing automated gates or creating new remote satellite lots could also be considered. In response to Terry, Bower said she wanted council to be aware of the issues and that the city was working on the concerns, and would bring something back to council in the future. In response to Terry, Florence said revenues were good for parking; he had dramatically cut costs last year, partly due to the current labor shortage. Terry wondered how the camping revenue was looking so far. In response, Florence said camping revenues were at an all-time record high, partly due to the rate increases, but also the volume. McClure wondered about the status of the playground slide. Florence said the slide was in disrepair, his staff was trying to repair it, and he was in touch with the manufacturer to resolve it. Terry said she understood that R&M Engineers was investigating the sewage lagoon, and R&M had performed an initial inspection. In response to Terry, Bower said she would provide a report on what effluence was put into Resurrection Bay from the sewage lagoon. Other Reports and Announcements Chamber of Commerce Report by Jason Bickling. Bickling said he was happy to provide additional information in his report if council wished to see anything different. The Alaska Chamber of Commerce vaccination program was going on right now; anyone who received their vaccination could go to the Seward Chamber of Commerce and receive a $50 gift card for a local business. Bickling wished to have a conversation with council about the Small Business Development Center (SBDC) position for a new business development person to be in Seward. He thought it would be very beneficial for the entire community, and he believed it would be a well -run program. In response to Seese, Bickling said the online sign up for volunteers for the Silver Salmon Derby had launched and was now active. In response to Terry who asked for an update on the July 4t' activities this year, Bickling said the boat parade was well received, the festival over the weekend was well attended, and on race day City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page the attendance appeared to be less, but still busy. Bickling added that sending the racers from the starting line in waves was very effective and the racers appreciated it. In response to Terry, Bickling confirmed that separating the festival activities from the race so they were held on different days was not a practice he intended to continue; it was a precaution this year due to COVID-19. Presentations Electric Infrastructure Conditions on Nash Road Presentation by Patrick Domitrovich and Rob Montgomery PUBLIC HEARINGS — None UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 2021-078, Authorizing The City Manager To Enter Into A Contract With Dawson Construction For The Design -Build Of The Seward Animal Shelter Project In The Amount Of $1,755,000, Plus A 10% Contingency, For A Total Amount Not To Exceed $1,930,500, And Appropriating Funds. This resolution was postponed from July 12, 2021. Bower said she included some additional documentation in tonight's agenda packet, in response to the questions posed at the last council meeting, including the general fund unassigned fund balance and information about the motor pool fund. Baclaan thanked Bower for answering questions and providing the additional information. He said it was very important to him to make sure that citizens knew what was being voted on and how things were being funded. He appreciated all the citizen comments and emails, and supported this resolution. Motion to Amend (Casagranda/DeMoss) Amend Resolution 2021-078 by striking 1110% Contingency," and striking the amount "$930,500" and replacing it with "755,000". Casagranda said she has been told that construction material costs were soon expected to start dropping. She believed the contingency was unnecessary, and that if things changed going forward, then a request for additional funding could be brought forward. She believed the cost of materials in this contract were inflated and there would end up being room in the budget without a contingency. In response to DeMoss, Bower said if the contingency was removed, it would not impact the contract with the vendor at all because it was a lump sum contract; the contingency had been included so that the city could manage the contract without having to go back to council. Motion to Amend Failed Yes: Casagranda frig. City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Motion to Amend (Casagranda/DeMoss) No: McClure, DeMoss, Seese, Osenga, Baclaan, Terry Amend Resolution 2021-078 in Section 3 by: 1) striking "fifteen (15) years" and replacing it with "thirty (30) years"; 2) striking the words, "at an interest rate of 5%"; and, 3) striking the words, "approximately $65,000 per year" and replacing it with "approximately $30,000 per year." Casagranda didn't believe it was necessary for one department to charge another department interest. Osenga wondered where these figures came from. In response, Bower said the finance department had created the terms, modeled on previous legislation. Bower added, relating to the interest rate, she was indifferent to it being required or not. Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Ordinances for Introduction Ordinance 2021-006, Amending Portions Of Seward City Code 15.10.140 Definitions; 15.10.226 Land Uses Allowed, To Change, Update, And Accommodate The Wishes Of The Public To Promote Life Safety And Maintain A City Code That Reflects The Community's Needs. Motion (Baclaan/McClure) Enact Ordinance 2021-006 Community Development Director Jackie Wilde said this ordinance was coming from the Planning and Zoning Commission (P&Z), following approximately three years of work. Much of the changes were in response to updates in the International Building Code and International Fire Code in recent years. Terry said she removed the introduction of this ordinance off the consent agenda because it was suggested that a joint work session between council and P&Z might be beneficial, and offered August 17, 2021 at 5:30 p.m. as a possibility. Casagranda was very interested in having a work session, but unfortunately would be unavailable from August 16-23, 2021. She offered to attend via telephone. `10A City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Osenga wasn't sure work session was necessary, and said he would be happy asking his own questions individually. DeMoss had attended the P&Z meetings and felt she understood things pretty well. McClure had watched the P&Z meetings and was comfortable as well. Terry had questions regarding the insurance requirements; she was concerned that if the city was going to be reviewing insurance policies, the city may then become liable in some way. Wilde said other communities required insurance for lodging businesses; she was concerned that it could come back on the city and gave an example: someone was renting a room out of their house, but did not have a commercial insurance policy for that activity; something happened and a guest was injured; the guest filed a claim against the business owner, but because there was no commercial policy in place, the claim would go against the homeowners insurance; the homeowners insurance policy would not respond because it was a commercial activity; the business owner would be held personally liable and could potentially come back to the city with a counter -suit claiming that the city should have informed them that commercial insurance was required. Wilde said when visitors came to town, they were unfamiliar with their surroundings and their lodging accommodations. Her concern was based on life safety, and she believed requiring insurance for lodging was in the best interest of the city. In response to Terry, Wilde confirmed that short term rentals were handled differently from monthly rentals. Casagranda was interested in having a work session with P&Z; she had questions. Motion (Casagranda/Baclaan) Schedule a joint work session with the Planning & Zoning Commission. Baclaan said he had questions. DeMoss thought it would be a good idea to have a work session after all because there were a lot of changes being proposed. Motion Passed Unanimous Terry said the date of August 17 was proposed because that was already a date that P&Z was already scheduled to meet; she wanted to be considerate of everyone's time. Osenga was concerned with how long council was taking with this ordinance. He thought it was straightforward and that this was just basic rewording. Baclaan said he would appreciate some time to study the ordinance; he thought it was an important ordinance to understand. Council scheduled a joint work session with the Planning & Zoning Commission on August 17, 2021 at 5:30 p.m. Casagranda requested that P&Z's minutes related to this topic be included in the work session packet, as well as examples of commercial insurance for lodging businesses. 178 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Main Motion Passed Unanimous This ordinance was introduced and will come for public hearing and enactment on August 9, 2021. Resolutions Resolution 2021-079, Authorizing The City Manager To Enter Into A Contract With OpenGov, Inc. For An Online Business License Portal In The Amount Of $17,000, And Appropriating Funds. Motion (Baclaan/McClure) Approve Resolution 2021-079 City Clerk Brenda Ballou reminded council that the city had previously contracted with a different company to provide an online business license and permitting program, but the vendor had defaulted on the contract. The contract being presented to council tonight was scaled back for an online business license program only, and the vendor ensured the city that they could get the program up and running in approximately two months. Casagranda was unclear how long the contract was proposed to last. Ballou stated the price quote in the packet indicated the contract would last for five years and the city would be billed the static rate of $11,450 each year. Casagranda wondered if there were any provisions that would allow the city to terminate the contract, should the city be dissatisfied with the vendor, or if this contract would obligate the city to pay for the five years regardless. Ballou understood the concern, and suggested council postpone the resolution to enable her to get additional language added to the contract. Motion to Postpone (Casagranda/McClure) Motion to Postpone Passed Council recessed at 9:01 p.m. Council resumed at 9:06 p.m. Postpone Resolution 2021-079 to August 9, 2021. Yes: Seese, Casagranda, Baclaan, DeMoss, McClure, Osenga No: Terry Resolution 2021-082, Approving The City Manager's Recommendation To Approve The Developer Incentive And Reimbursement Program Reimbursement Request Submitted By Phil Zimmerman. Motion (Baclaan/McClure) Approve Resolution 2021-082 Bower said city code required the city manager to provide council with a written statement regarding her recommendation for approval. She included the entire legislative history for this 179 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page project in the resolution, and was recommending 50% reimbursement. Bower said the city had paid for all the invoices on behalf of the developer, so the reimbursement was actually a credit in which the developer would repay the city as the properties sold. Two parcels were currently being sold. Motion to Amend (Terry/Casagranda) Amend Resolution 2021-082 by striking the title in its entirety and replacing it with a new title that reads, "A Resolution Of The City Council Of The City Of Seward, Alaska, Accepting The City Manager's Recommendation To Approve The Developer Incentive And Reimbursement Program Application Received For The Gateway Subdivision, And Approving Reimbursement Of 50% Of The Costs Related To The Installation Of Public Utilities In The Amount Of $16,460.43 For Each Of The Thirteen Parcels, For A Total Amount Of $213,985.59." Terry said the amended title was more specific and appropriate, and more accurately reflected the intent of the resolution. Motion to Amend Passed Unanimous Terry appreciated all the legislative history that Bower had included in the resolution. Main Motion Passed Other New Business Items Unanimous Direct Administration to proceed with a Request for Proposals (RFP) for a design/build project for a new Public Works facility. Bower was seeking direction from council to pursue a request for proposal for a new public works facility, and wanted some assurances that this was the direction they wanted her to pursue. She would not be issuing an RFP until there were ample opportunities to hold work sessions and obtain public input, but wanted to have something on the record indicating council's support. Motion (Terry/McClure) City council supports administration seeking a new location for the public works facility and pursuing a design -build model. Terry said she worded her motion in that way to allow the city manager the flexibility to issue an RFP when administration felt the timing was right. In response to Osenga, Terry said it was her 180 City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page understanding that administration was not yet ready to issue an RFP, but they would be moving in that direction if council approved this motion. Bower stated that she would potentially bring forward a discussion in the future on funding a new public works facility through a general obligation bond. Motion Passed Unanimous Terry stated that at the work session earlier this evening, council rescheduled the work session to review and discuss potential locations for a new public works facility to August 23, 2021. She wondered if that work session would also include a discussion about the RFP as well. In response, Assistant City Manager Stephen Sowell said he had spoken with the Seward Bear Creek Flood Service Area Board and learned that the flood board had started work on updating flood information, so Sowell requested to wait until October, 2021 to discuss potential locations. Council scheduled a work session on October 25, 2021 at 5:00 p.m. to review and discuss potential locations for a new public works facility. Terry said the discussions about relocating the public works facility had been ongoing for many years. She wished to solicit public input as part of the process on the front end so there would be no surprises down the road. Sowell said he anticipated using storyboards in the Community Room at the library and hosting listening sessions with the public to obtain input. In response to Sowell, several council members indicated they would prefer to provide feedback on potential locations to narrow the field, and then have administration engage the public for input. Direct Administration to proceed with a Request for Proposals (RFP) to repair and replace transmission infrastructure on Nash Road, along the Seward Highway, and its three substations. Bower said this request was a follow up to the presentation provided by the electric department which demonstrated the critical state of the poles along Nash Road. Casagranda was pleased that the electric department was looking ahead and bringing issues forward. She fully supported this request. McClure concurred, and said the good news was the electric department had a solid team and knew what they were talking about; she thought it was vital to get on this. Motion (Terry/McClure) Direct Administration to proceed with a Request for Proposals (RFP) to repair and replace transmission infrastructure on Nash Road, along the Seward Highway, and its three substations. Terry felt that administration was working on a good plan. She suggested the city consider hiring free lance grant writers, when appropriate, to seek funding sources. Casagranda concurred, as `N City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page well as DeMoss. Casagranda added that improving the transmission lines to the other side of the bay might lead to opportunities for expansion in that area. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS June, 2021 City and Providence Financials CITIZEN COMMENTS Cliff Krug thanked council for approving the animal shelter resolution. Christiana Smith thanked council for approving the animal shelter resolution. She noticed that there appeared to be a lot of long-term infrastructure issues coming up, and encouraged council to keep whittling away at them; she suggested the city look into hiring grant writers for infrastructure funding on the federal level. She said, as a citizen, it was kind of difficult to follow information for various city departments because each department did their own thing; perhaps a city-wide approach would be better. She was concerned about the parking issues and wished there were better maps available. She wanted the south harbor uplands parking and the south parking lots to be addressed because they were unsafe to navigate when there was heavy traffic and people were parking free-for- all; in years past, she recalled that lanes had been chalked in the gravel and that was helpful. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for their work tonight. She looked forward to working on the upcoming projects. DeMoss thanked Christiana Smith for speaking up about the various city departments; perhaps the variety of social media pages could be linked through the city's website. She congratulated Bruce Jaffa and Lynda Paquette for being re -appointed. Thanked Shelli McDowell for her hard work, Seward Pride Alliance for improving our community, Tyler Florence and Community Development for their hard work, and congratulated the Chamber of Commerce for a successful Fourth of July. Casagranda congratulated Lydia Jacoby and her family, the Tsunami Swim Club and their coaches, and the whole community for their support. It wasn't always easy to sit on the dais, or to get answers ahead of time; she fully supported the animal shelter and knew what a bad condition the current facility was in . Seese was excited for Lydia Jacoby. She thanked Lynda Paquette and Bruce Jaffa for reapplying to PACAB. Regarding Alaska Waste, Seese was happy to hear they may be providing more recyclables and additional dumpsters. She thanked Shelli McDowell for all her work and for caring so much. She would support getting a grant writer, if that came up in the future. IRYA City of Seward, Alaska City Council Meeting Minutes July 26, 2021 Volume 41, Page Osenga thanked council, administration and the departments. He congratulated Lydia Jacoby on her gold medal; everyone was very proud. Be safe out there. McClure congratulated Lydia Jacoby. She was beyond excited about the animal shelter. McClure was president of the Resurrection Bay Historical Society (RBHS), and had had a good meeting with the new Library Director Bailey Sayler and staff, she believed the library was in good hands. The library was open Tuesdays through Saturday. Please be bear aware; lots of bears were out and about. Baclaan congratulated Lydia Jacoby; everyone was so proud of her and her family. He thanked the chamber for trying to get more people vaccinated; he believed it was key to getting the economy back on track and to save peoples' lives. He reminded everyone that Seward Pride Weekend was July 30 through August 1, 2021. He thanked everyone who took in Seward's homeless youth who had been turned away from their own families after coming out; there was support in the community to help. Terry welcomed the new finance director, and thanked Melody Moline for helping as interim finance director. She was excited that Seward would be receiving the new Fast Response Cutter, Frederick Mann, in 2024. She encouraged everyone to get vaccinated, and encouraged people to collect a $50 gift card. She thanked parks and recreation and administration for repairing the stairs at Second Lake. She met with Seward's new high school principal today, and shared that there had been some teachers who had turned down work in Seward due to housing issues; she assured the principal that the city was working on that issue. She was proud of Lydia Jacoby; our kids could do anything. ADJOURNMENT The meeting was adjourned at 9:49 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal) 183 AGENDA STATEMENT Meeting Date: August 9, 2021 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has the opportunity to object to the transfer of the liquor license and the approval of the Restaurant Designation Permit for the following business: Name of Business Type of License: License Number: Name of Licensee Designated Licensee Thorn's Showcase Lounge Beverage Dispensary 1130 Thorn's Showcase Lounge, LLC Karyn A. Clemens The City of Seward Police Department, Fire Department, Finance/Public Utilities, and Finance/Leases have all indicated this business is compliant. 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 transfer of the liquor license and approval of the Restaurant Designation Permit for Thorn's Showcase Lounge, Beverage Dispensary, License 91130. 184 Date To: From: RE MEMORANDUM July 19, 2021 Naneth Ambrosiani Finance/Leases Jeremy Rogers Finance/Public Utilities Chief Alan Nickell Police Department Chief Clinton Crites Fire Department Jessica Stallard, Deputy City Clerk T' S 41%LgbP RECEIvED 'JUL 2 ?- 2021 OFFICE of THE CITY CLERK Verifying Compliance For The Application of Transfer Of Liquor License & Transfer of Restaurant Designation Permit The following business has applied for a transfer of an existing liquor license and the transfer of an existing Restaurant Designation Permit. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Thorn's Showcase Lounge Type of License: Beverage Dispensary License Number: 1130 Previous Owner: Thorn's Showcase Lounge, LLC New Owner: Karyn A. Clemens Department Initials Finance/Leases `Status vV I 1 a44 r R !� I I q [) I Finance/Utilities COMri �i � -7f ,g1a1 Police Chief (.,�► �, E"/�J % f �4 f �, Fire Chief �dI., /?CV if If 60-Day Deadline for Protest: September 16, 2021 City Council Meeting Date: September 13, 2021 Return to City Clerk By: September 7, 2021 WA 1101 ti *'T 0-1 `"I July 29, 2021 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non -Objection of Application Licensee/Applicant Business Name License Type License Location License No. Application Type Dear Ms. Ballou, Johni Blankenship, MMC Borough Clerk Thorn's Showcase Lounge LLC THORN'S SHOWCASE LOUNGE LLC Beverage Dispensary 208 4th Ave, City of Seward 1130 Renewal This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, Johni Blankenship, MMC Borough Clerk JB/ts cc: karyn.clemens@gmail.com; clerk@cityofseward.net; MBerg@kpb.us; SNess@kpb.us; MJenkins@kpb.us 1Eb: THE STATE 01ALAS KA July 19, 2021 Department of Commerce, Community, and Economic Development GOVERNOR MIKE DUNLEAVY ALCOHOL & MARIJUANA CONTROL OFFICE 550 West Seventh Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 Thorn's Showcase Lounge, LLC DBA: Thorn's Showcase Lounge Via Email: karyn.clemens@gmail.com; ashawcross@eclawfirm.org Re: Beverage Dispensary Transfer License Application #1130 Dear Applicant: I have received your application for a liquor license. Our staff has reviewed your application after receiving your application and required fees. Your application documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.310(b), 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 issuance of your license or waive protest. If you have not yet received all necessary approvals, such as (but not limited to) a local license, conditional use permit, site plan review, Fire Marshal approval, or Department of Environmental Conservation approval, you should continue to work with those local or state agencies to get the requirements completed. Your application may be considered by the board while some approvals are still pending. However, your license will not be finally issued and ready to operate until all necessary approvals are received and a preliminary inspection of your premises by AMCO enforcement staff is completed. Your application will be scheduled for the August 17, 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, Carrie Craig Records and Licensing Supervisor 187 THE STATE KIM 4 M531- 16L "MA I GOVERNOR MIKE DUNLEAVY July 19, 2021 City of Seward, Kenai Peninsula Borough Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 711 Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 VIA Email: bballou@citvofseward.net; clerk@citvofseward.net; MJenkins@kpb.us; Mberg@kpb.us; SNess@kpb.us; BTaylor@kpb.us; JBlankenship@kbp.us; shuff@kpb.us; TShassetz@kpb.us License Type: Beverage Dispensary License Number: 1130 Licensee: Thorn's Showcase Lounge, LLC Doing Business As: Thorn's Showcase Lounge Premises Address: 208 4t" Avenue ❑ New Application ❑ Transfer of Ownership Application ❑ Transfer of Location Application ® Transfer of Controlling Interest Application We have received a completed 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 protest within 60 days and show proof of service upon the applicant. AS 04.11.491— AS O4.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS O4.11.507. AS O4.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, Glen Klinkhart, Director amco.localgovernmentonlv@alaska.gov 188 a OF What is this form? Maska Acohok Beverage Contro9 Board Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensiniza(lalasl<a.eov https://www.commerce.alaska.gov/web/amco Phone:907.269.0350 This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS O4.11.260, AS O4.11.280, AS O4.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMC®'s main office, along vulth ali other required forms and documents, before any license application mill be considered complete. _.... __ Section 'I - Transferor Information FntPr information fnr the current licPnsPP and Iir.PnSPd Pstahlishment. Licensee: Thorn's Showcase Lounge, LLC License #: 1130 License Type: Beverage Dispensary Statutory Reference: AS04.11.090 Doing Business As: Thorn's Showcase Lounge Premises Address: 208 4th Avenue City: Seward state: JAK z1p: 199664 Local Governing Body: City Seward (Kenai PeninsWa Borough) Vransfer Type: ''. Regular transfer ® Transfer with security interest ® Involuntary retransfer OFFICE USE ONLY Complete Date: -'( , Transaction #i: [9 7s 3 0 Board Meeting Date: F Zs� License Years: l j ( c-^ Issue Date: BRE: [Form AS-01] (rev 10/10/2016) Page 1 of 7 9 Pill 0 6 189 Lcr.°. i _ r Alcohol and Marijuana Control Office 550 w 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingPalaska.eov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska alcoholic Beverage (control Board Fam AB-OL iYFansfer Ucense Application Section 2 - Transferee Information Enter information for the new annlicant and/or location seeking to be licensed. Licensee: Thorn's Showcase Lounge, LLC Doing (business As: Thorn's Showcase Lounge Premises Address: 208 4th Avenue City: Seward State: 1AK ZIP: 0664 Community Council: N/A MaiiingAddlress: P® Sox 1261 City: Seward State: �AK ZIP: �99664 Designated Licensee: Karyn A Clemens Contact Phone: 907-362-1030 Business Phone: 907-362-1030 Contact Email: karyn.clemens@gmail.com Yes No Seasonal License? © 7 Premises to be licensed is: If "Yes", write your sirs -month operating period: Section 3 - Premises Information ;. �' an existing facility 17 a new building a proposed building The next two questions must be completed by beverage dispensar(including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the outer boundaries of the nearest school grounds? Include the unit of measurement in Stour answer. 1.3 Miles What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? include the unit of measurement in your answer. .70 Miles [Form AB-01] (rev 10/10/2016) Page 2 of 7 IRif Alcohol and Marijuana Control Office 550 W 7ch Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensineCcDa lasl<a.eov https://www.commerce.alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section 5. If more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: El applicant F� affiliate Name: Address: City: State: ZIP: This individual is an: Fapplicant affiliate Name: Address: City: State: ZIP: This section must be completed by any entity, including a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 105vo or more of the stock in the corporation, and for each president, vice-president; secretary, and managing officer. • If the applicant is a limited liability organization, the following information must be completed for each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnership, including a limited partnership, the following information must be completed for each partner with an interest of 1090 or more, and for each general partner. Entity Official: Craig A. Thorn Title(s): Member Phone: 907-315-3712 % Owned: 33.33 Address: 1320 E Woodcrest Dr. City: Wasilla State: 1AK ZIP: 99654 [Form A13-01] (rev 10/10/2016) Page 3of7 191 € APR 62021 a 41c-,ho ancMijia is Contm Office jhkWJUA1W _ 550 W 7 Averue, Euite 16M 4 An&o-3gc, AK 99501 0hone 907.269.0350 Alaska Alcoholic Beverage Contra] Board Form AB-01: Transfer License Application Entity Official: Karyn A. Clemens Tifle(s): iMember Phone: 907-362-1030 % Owned: i 33.34 Address: PO Rox 3742 City: Seward State: JAK ZIP: 199664 Entity Official: Steven E.7horn Title(s): Member 17 Phone: 903 6 2- 0 5 6 63 Address; PO Box 1857 Ci Seward State: ;AK zip: :99664 Entity Of Title(s): Phone: ,' Owned; Address: City: State: ZIP: This subsetticn must be corripluted by any app!lcant that t's a corporation or LLC. Curpttrations and LLCs are required to be, in good standing wIththe AtDska Divi'sian of Corporations (110C) and have a registered agent who Is Fn individual resident cf the state of Waska. -7- DOC Entity U 61327D AK Formed Date: 6/26i199 1�7 Home State: K. Registered Agent. Loui,, T[,1crn Agent's Phone: 907-224-5738 Agent's Mailing Address: PO Bnx 1261 City: Seward state: jAK ZIP., 99664 Residency of Agent: Yes No Is your corporation or LLC'h regis:ered agent ar, :ndividi., l resident of the stare of Alaska? F� [Forrin AMU) (,?v I 011C12(116) P'ne 4 of 7 AMCO Received 7/16/2021 192 i 4 AS 10.50.765(b, RFMOVF from Rccord: T e fuflowilIg offs i3is rrlhe (meis anj. if app icablr,, managers), will bp can ta4tzt�i� remoW'ed fF.orn t�z� rec.:rr�d a.- a result of this fiiirU,: N tne: Louis Thorn -_ - --- - lJ ma. Nave: _ ---- - if Fan official .s not tieing removed from re: ara, then- list them :n Itcryl �� G7r!u��: (a "i Cfl :; c..r eslt in form atian). 5, ALL Current Officials: AS 10.50.765(b) - The following is a complete list of AFL remaining and new officials vJhc will to on record as a resultOf this filing. • An LLC must have �t t ast eae mCnrber who owns a % of the I_Lti - AS ttJ.5r1.155(b) Must provide all ntembers Ah€. own 51r6 or more of the LLC. --- AS i t).50- 765 W • Membem must own 3 `W of the t_L.(.- A member may be a manager if the LLC :y ,!ia�,es3er managed. • An LLC may be mat -aged by a manager if provided in ArtiAes of Organization. A r.3nagci ntay be a member If the manager als' owns a °C, of the LLC. — AS 1 t?. SC�. ti. 4 f,) and A-1; 10 50. 1163(b.i List A" officials and their current information to be on record. Manager w=.tl oniy be accepted if the entity is manager•mimaged per the art�c'es- 13OLD fields are required. w !FULL LEGAL NAME COMPLETE MAILING ADDRESS Stever E 6 hori, ®� �- PO Box 1857. Seward !AK, 595' 4 � 33. 33 X I` Craig A Thom 1320 F Woodcrest Dr, WasT3 AK 99654 33.33 I X I i Karyn A Clemens PO Box 3742 Seward, AK 99664 33.8ti. ' X -- I —ij If necessary, use the following supplement pagc and include all intarrriation ,equrred abc've :n Item 9-5 6. Wquired Signature: AS 10.50.840 l�IIhe Notice of Change of Officials must be siunedpy: a member (AS 10.SO.t340ia� 2} , or a rnan�Q@f if 9a, nager managed (AS 10.50.840(a►(1)) or an att mev In -fact (AS 10.50.840(c)i Perso-is who sign d�euments filed with the commissioner that are known to the person to be false in material reJpects a-e guilty o' a class A misdemeanor. �ignature: Date' .. 31/D�y4 --------------- Printed Name: Kalyn -@e['t ens--------------------------------------- itle of Authorized Signer: manager Attorney-w-tarot siplirtg on be!,arf Ut r, ?—grzer cr manager Kh ch is ill the rkl aWi ristW ana Signing awhonty rt� rtre rnerat�e�+ r_reLT.Y Fasrex—;;aie: 1Jm S*-':V . Prees,dcnr cf YY2 Inn tho z GJle rientt&r ofAPC LLC. 08-491 Rev 07125/17 D-LLC Change of Officials 2 of 2 AMCO Received 7/16/2021 193 Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingCa)a]aska.eov httos://www.commerce.alaska.aov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board ownership and financial interest in other alcoholic beverage businesses: Yes No Does any representative or owner named as a transferee in this application have any director indirect financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which ana Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Vac" dicrinca +ha nnma nf+ha inAheirli ml nnrl +ha ronenn fnr+hie ni.+h^rivn+inn- The Law Offices of Ernouf & Coffey, P.C., is assisting with the liquor license transfer. [Form A13-01] (rev 10/10/2016) 100 Yes No MWIN 5of7 Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 M0��,�^ Anchorage, AK 99501 alcohol.fiLcnsin;�d��ala�,a �03 , -i � ;�. �� htros: f,vv�dw.cc� err„e.ata�'a �*rxv wch arncr� Phone: 907.269.0350 Alaska Alcoholic l3evevage Control Board AB-01: `transfer License Application -ctlon 8 -- Transferor Certifications Additional copies of this page maybe attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling interest of the current licensee. I additionally certify that I, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, app UovePetransfer of this license, and find the information on this application to be true, correct, and complete. Sign ture -traVerpr ' Crai rn Pers. Rep. of Est. of Louis Thorn Printed name of transferor No PUBLIC Signature of transferor Printed name of transferor Subscribed and sworn to before me this t.(� day of i Signature of Notary Public Notary Public in and for the State of ALASKA My commission expires: r (D� Subscribed and sworn to before me this day of 20 Signature of Notary Public Notary Public in and for the State of My commission expires: [Form AB-011 (rev 10/10/2016) __' - Page 6 of 7 i r 195 U , Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing(cDalaska.eov httos://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees (as defined in AS O4.11.260) and affiliates have been listed on this application. I certify that all proposed licensees have been listed with the Division of Corporations. I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection or denial of this application or revocation of any license issued. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS O4.21.025, and, while selling or K� serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As an applicant for a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, is true, correct, and complete. SiKvt+,,,,A rbnv� gnature iftransferee Karyn A Clemens Printed name Subscribed and sworn to before me this day of 20-. Sllll� ;oo�'• Signature of Notary Public NOTARY `•. PUBLIC :`� ���1'• ceb26,2023P��\\� flf0ll [Form AB-01] (rev 10/10/2016) Notary Public in and for the State of ALASKA My commission expires: oZ • Z6. 2d2;�,, Page 7 of 7 IRb: CIQ CD IN L;. CD FILED in the TRIAL COURTS State of Alasi a Third District IN THE SUPERIOR COU T FOR THE STATE OF ALASKA at Paltrier, Alaska AT _ I i- In the Matter of the Estate of: Person who Died (Decedent; Date of Birth: NOV 2 4 2020 Clerk of the Trial Courts Z CASE NO. '�k'A- ` 00(,6Q pP LETTERS TESTAMENTARY BY COURT (Court Opens Probate and Appoints a Personal Representative When There is a Will) The will of the decedent was admitted to probate. The appointed personal representative is: U The personal representative is: knot supervised. U supervised. The personal representative shall not make any distribution of the estate or exercise the following powers without prior order of the court: Date (-zl_e Signature o kelistrar or Judicial Ofl:tcerl Pnnted Name I hereby certify that this ,s a true ana co°rect copy of the original on file in my office ATTEST Clerk of the Trial Courts Deputy Date Informal appointment under AS 13.16.115 can be made by the registrar without hearing or notice. Formal appointment under AS 13.16.145 must be made by a jydge after hearing and notice. Page 2 of 2 P-335 (7/17)(cs) Probate Rules 7 & 8; AS 13.16.015; ACCEPTANCE OF DUTIES AND LETTERS TESTAMENTARY AS 13.16.245, AS 13.16.220 197 Deputy IN THE SUPERIOR COURT FOR THE STATE OF ALASKA In the Matter of the Estate of: ) Z-__1 10 fY � Person who Died (Decedent) ) Date of Birth: Eno 2 L3 0C T 20 P 2: 117 CL CASE NO. a ACCEPTANCE OF DUTIES BY PERSONAL REPRESENTATIVE I accept the appointment of personal representative and agree to perform the following duties: (1) Complete Form P-340, Information to Heirs and Devisees. (2) Deal with creditors: (a) Complete Form P-341, Notice to Creditors. (b) Complete Form P-345, Notice to Creditors Allowing or Disallowing the Claim. (3) Handle the estate property of the person who died: (a) Gather the estate property. (b) Complete an inventory of estate property by completing Form P-370, Inventory of Property. (c) Determine the assets and liabilities of the estate property and transfer estate property by completing P-380, Accounting and Proposed Distribution. (4) Pay homestead, exempt property, and family allowances to surviving spouse and/or minor children. (5) Pay required state and federal taxes (income, property, estate). (6) Pay required costs of administering the probate, including any bond. (7) Tell the court my address and phone number in writing. (8) Wrap up the final business affairs of the person who died (see www.courts.alaska gov/shc/probate/"probate-after-death htm#legal-tasks). (9) Close the estate as soon as appropriate. n % '�11 , I swear or affirm that I read this document and believe all state ;p is Oade a e tru . _, Date Sig natur"f PerLs al Re rese��ative ��- PO d /K -3 2-1 Printed Name Address Line 1 Phone Numbe 1 0 g1h�V- Ajkj- c �10LlJ `f1err) cry 4,1 �o oy) 11,n-,, 1,)-p-� Address Line 2 E-mail Address Subscribed and sworn to or affirmed before me at Alaska on (date) I I � ,� "1 Cl" of Court, Notary Public or other person (SEAL) authorized to administer oaths. My commission expires: t f1 1) n: C.Q. Page 1 of 2 P-335 (7/17)(cs) ACCEPTANCE OF DUTIES AND LETTERS TESTAMENTARY Probate Rules 7 AS 13,16.245, AS 1116.220, 7 AP `` 06 2 Or IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT PY" In the Matter of the Estate of: ) / Person Who Died (Decedent ) Date of Birth: ) FILED in till T:31,\L COURTS S Stale Of Alaia Third District at Paltrer, Alaska Clerk of the Trial Courts B`1_ Deputy CASE No. P\0 �0 • 0(_ � r,`-50 ? STATEMENT STARTING INFORMAL PROBATE AND APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL (Statement of Informal Probate of Will and Appointment of Personal Representative) Based upon the request of (name)_ C--ti--ot i 9 4 , 71-,o >-P-) to open informal probate of (name ofperson who died) 4--0 tit /s �-: 's last will and appoint a personal representative, the court makes the following findings and order based on that request. 1401`�►Ce 1. Application. The application appears to be complete and includes the requestor's oath or affirmation that the statements are true to the best of the requestor's belief. 2. Interest. The requestor is a person with an interest in the estate because he or she is a spouse, relative, person named in the will, beneficiary, creditor or fiduciary representing an interested person. / 3. Person Who Died (Decedent). The decedent died on (date> ! At least five full days have passed since the death. 4. Filing Location. This is the correct court to file in because the person who died: lived in this judicial district at the time of death. ® did not live in Alaska at the time of death, but had property located in this judicial district at the time of death. S. Time. The time for probate is within the required time period because: �- less than three years have passed since the person died. ® more than three years have passed but late probate is allowed under AS 1.3.16.040 because: 6. Will. The person who died made a valid will on (date)! 2-1411 The court has the original will. 7. Current Personal Representative. KI-No court has appointed a personal representative of the estate. A court appointed a personal representative, but later ended that appointment. A court appointed (name) as personal representative who lives at (address) The requestor filed an authenticated copy of the will and a statement from the court where the will was first probated. Page 1 of 2 AS 13.16.115 P-316 (1/19)(cs) STATEMENT STARTING INFORMAL PROBATE AND APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE IS A WILL I 8. Right to be Appointed as Personal Representative. The court finds that (name) C- o-, t A- + 0 V'rl is at least 19 years old and has priority to serve because: ( -the will named him or her as the personal representative. ❑ he or she is the surviving spouse and named in the will to receive property. ❑ he or she is the surviving spouse but the will did not name him or her to receive property. Ethe will named him or her to receive property. ❑ he or she is an heir (someone with the right to inherit property from the person who died if no will had been made). ❑ he or she is a creditor and 45 days have passed since the person died. 3. Additional Findings. 10. Notice. Any notice required by the laws of Alaska has been given. The court orders that: 1. The will is admitted to informal probate. 2. -No bond is required. ® A bond is required in the amount of $ 3. The appointed personal representative is (name) and he or she assumes the responsibilities after posting a bond, if required. 4. The court will issue Letters Testamentary after the personal representative files Form P- 335, Acceptance of Duties by Personal Representative and Letters Testamentary by court: 5. Other: Date eby-cerlify that this is a true and c copy of the original on file in my officeSignature of Registrar ATTEST `��-- Clerk of the TrialWRTed Name Page 2 of 2 Bya0a ,C) P-316 (1J19)(cs) Deputy Date AS 13 16.115 STATEMENT STARTING INFORMAL PROBATE AND APPOINTING A PERSONAL REPRESENTATIVE WHEN THERE'IS�A WILL 200 , DATE FILED 09/08/2020 CERTIFICATE 05 DEATH STATE FILE N0. 2020002908"' 1 DECEDENTS LEGAL NAME (Includa Al(A s if any) (First, Middle, Last 2 SEX 3 SO !AL SECURITY N SER 10111S F TWnRM sMAI c 4a AGE•Last B rihda Years y (Years) 89 4b UNDER 1 YEAR 4c UNDER 1 DAY 5 DATE OF BIRTH (MWDD/YY) 6 BIRTHPLACE (City end State or Fore,gn Country) STAPLES, MINNESOTA Months Days Hours R", nufes 70. RESIDENCE -STATE ALASKA 7b COUNTY KENAI PE 4INS LA .7c rwITY OR TOWN SEWARD 7d STREET AND NUMBER §-ATH AVE 7e APT No 7f ZIP CODE Bq 7 IDE CCI IMITS? ® Yes No 7--EVER IN US ARMED FORCES- ❑ Yes ® No ❑ Unknown 9 MARITALSTATUS A7 TIME OF UEAiH WID( 10 SURV.IViN SPOUSE'S NAME (If wLe, give name prior to first marriage) i i rni ncn a ivnme {r �rst, m.aa'a, Last) 12 PAUTHER S NAME PRIOR TO FIRST MARRIAGE (Flint. Middle Lcsl) LOUIS E THORN I ALYCE V BOWEN 13o INFORMANTS NAME 13b RELATIONSHIPTo DECEDEN' 13c MAILING ADDRESS (Street end Number, City, Sizzle. Zip Coda) KARYN A LE ENS DAUGHTER P.O BOX 3742 SF -WARD, ALASKA 99664 14 DECEDENTS EDUCATION 16 DECEDENTS RACE 17 DECEDENTS USUAL OCCUPATION 3 HIGH SCHOOL GRADUATE OR GED White SELF EMPLOYED BUSINESS OWNE ❑ Black or African American 15 DECEDENT OF HISPANIC ORIGIN? ❑ Amellctsn Indian ar Alaskan Native 10 KIND OF BUSINESS OR INDUSTRY ® No, not Spanish/Hispanic/Latino(a) ,(Dame of the enrotled or principal trib9) RESTUARANT/LOUNGE ❑ Yes, Mexican, Mexican Ameriezin, �O! Asian Indian Chinese Native Hawaiian Guamanian Chicano(a) or Chamorro(a) Filipino ❑Yes, Puerto Rican ® Japanese ® Samoan ❑ Yes, Cuban ® Korean ® Other Pacific Islander (Specify) ❑Yes, other Spanish/Hispanic/Latlno(a) Vietnamese ❑ Other (Specify) ® Other Asian(Specify) 19 PLACE OF DEATH RESIDENCE 20 FACILITY NAME (If not msbtut on, gwa street 9 number) 21 CITY OR TOWN, STATE AND ZIP CODE 22 COUNTY OF DEATH 208 4TH AVENUE SEWARD, ALASKA 99664 KENAI PENINSULA 23 METHOD OF DISPOSITION ❑ BUnal Cremation C3 Donation 24 PLACE OF DISPOSITION ❑ Entombment 0 Removal from State ❑ Other (Specify) I JANSSEN'S ALASKA CREMATION CENTER 25 LOCATION - CITY,TOWN AND STATE 28 NAME AND COMPLETE ADDRESS OF FUNERAL FACILITY ANCHORAGE, AK I JANSSEN'S EVERGREEN MEMORIAL CHAPEL 737 E STREET ANCHORAGE, ALASKA 99501 27 NAME OF FUNERAL SERVICE LICENSEE OR OTHER AGENT (SIGNATURE ON FILE) 12a LICENSE NUMBER (Of Licensee) CTFVF RAI nccutAi11 RR .00c 29 DATE PRONOUNCED DEAD (MMiDD/YY) 30. TIME PRONOUNCED DEAD 01:01 31 SIGNATURE OF PERSON PRONOUNCING DEATH (Only when applicable) 32, ll ENSE NUMBER 133 DATE SIGNED (MWDD/YY) 34. ACTUAL OR PRESUMED DATE OF DEATH (MM/DD/YY) 35 ACTUAL OR PRESUMED TI^ E OF DEATH 38 WAS MEDICAL EXAMINER OR CORONER 08/29/2020 01:01 CONTACTED? ElYes ® No 37. PART 1, CAUSE OF DEATH Approximate interval Onset to death a CARDIOPULMONARY COLLAPSE 2 DAYS Ouo to tar asD q c:r::.^pvasea C3 b CONGESTIVE HEART FAILURE 6 MONTHS tluo to (cr C3 n coasc;ucrn as) _ C -MOo(orasaear,v acs`cp d _ PART It Enter other significant conditions contributing to death but not resulting in the underlying Cause 3S WAS AN A(1TOPSY PERFORMED? Yes W No 39 MRE AUTOPSY FINDINGS AVAII ABLE TO COMPLETE CHRONIC RENAL FAILURE, ATRIAL FIBRILLATION THE CAUSE OF DEATH? ❑ Yes ❑ No 40 DID TOBACCO USE CONTRIBUTE 41 IF FEMALE (PREGNANCY STATUS) 2 MANNER OF DEATH TO DEATH? U 8, NOT APPLICABLE NATURAL CAUSES 43 DATE OF INJURY (MM/DDfWj 44 TIME OF INJURY 145 PLACE OF INJURY (o g . Decedent's herao, construction site, restaurant, wooded area) 47 LOCATION OF INJURY (Street S Number, Apt No, City or Town, Slate, Zipeade) 4 JNJURY AT WORK? t� Yos ❑ No 48 DESCRIBE HOW INJURY OCCURRED 49 IF TRANSPORTATION INJURY, SPECIFY Driver/Operator Passenger Pedertrisn 19Unknown aua. Vero l Iriam CERTIFYING PHYSICIAN NAME OF CERTIFraR (SIGNATURE ON FILE) 51 ADDRESS, AND ZIP CODE OF PERSON COMPLETING CAUSE OF DEATH JERALD FLYNN 1 204 4TH STREET SEWARD AK 09664 52. LICENSE NUMBER 163 bATE CERTIFIED (MMJDD/YY) MEDS7109 1 09/07/2020 1 CERTIFY THAT THIS IS A TRUE, FULL AND CORRECT COPY OF THE ORIGINAL CERTIFICATE ON FILE IN THE BUREAU OF VITAL STATISTICS, DEPARTMENT OF HEALTH AND SOCfAL.SERVICES, JUNEAU, ALASKA DATE ISSUED October 27, 2020 - -- -- - - State I egistrar This copy not valid unless prepared on engraved border displaying A911ato, seat t;nd c'gnnture of the Alaska State Registrar -10�c Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingPalaska.gov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application What is this form? A restaurant designation permit application is required for a licensee desiring designation under 3 AAC 304.715 — 3 AAC 304.795 as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049. Designation will be granted only to a holder of a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license, and only if the requirements of 3 AAC 304.305, 3 AAC 304.725, and 3 AAC 304.745, as applicable, are met. A menu or expected menu listing the meals, including entrees prepared onsite and offered to patrons, and copy of the DEC Food Service Permit (or corresponding DHHS documentation for licenses located in the Municipality of Anchorage) must accompany this form. Applicants should review AS O4.16.049 —AS O4.16.052 and 3 AAC 304.715 — 3 AAC 304.795. All fields of this form must be completed. The required $50 permit fee may be made by credit card, check, or money order. Section 1 - Establishment Information Lntar infnrmntinn fnr lirancori actahlichmant Licensee: Thorn ' s Showcase Lounge, LLC License Type: Beverage Dispensary license Number: 1130 Doing Business As: Thorn ' s Showcase Lounge Premises Address: 208 4th Avenue City: Seward state: AK ZIP: 99664 Contact Name: Karyn A. Clemens Contact Phone: 907-362-1030 Section 2 — Type of Designation Requested This application is for the request of designation as a bona fide restaurant, hotel, or eating place for purposes of AS O4.16.010(c) or AS O4.16.049, and for the request of the following designation(s) (check all that apply): 1. ❑✓ Dining after standard closing hours: AS O4.16.010(c) 2. ❑✓ Dining by persons 16 — 20 years of age: AS O4.16.049(a)(2) 3. �✓ Dining by persons under the age of 16 years, accompanied by a person over the age of 21: AS O4.16.049(a)(3) 4. Employment for persons 16 or 17 years of age: AS O4.16.049(c) NOTE: Under AS O4.16.049(d), this permit is not required to employ a person 18 - 20 years of age. OFFICE USE ONLY Transaction #: ' L Uy _ I CJ Initials: - [Form AB-03] (rev 4/16/2019 i Page 1 of 5 041YA "J'I"e "5'3 "V 7' Phone. Alaska Alcoholic Beverap Control Board Form AB -03: Restaurant Designation Permit Application Section 3 - Minor Acces-, Rvvivw tS 11- AS 04 16 O"aH31; AS 04-16.049(c) i the course of either dk*W or empja� as &n4nated In test where 4%fthb the premises minors are tD have access Mt Section 2. (1 xample, k4iown will only be aftwed in it', rye -verf and -rr%p— in Ifie Kftrfltr ;W5,1jr ci,-',turners will only be Permitted in �ca, and restrooms. Minor employeesare to be on the restaw ruc,,, 2s as the kitchen, they are just not permitted to work in [he bar areF-., or handle or deliver any alcoholic beverages. Describe the policies, practices and procedures that will be in place to ensure that minors do not gain access to alcohol while I dining or r-hiploved at ur premises. Sturagcp All alcohol will be locked in secure storage. This will only be ac-'-esslble by the restaurant r) years owners; general manager and bar tender. Each of these individuals viiif e at i pa st 21 yea old and w1l hold on their persons a current TAP or eTlP carUvur4ing that they have been trained to control ithp dist6bution and service of alcoholic beverages !7F.Alaska. Dining guests must walk in and out the same door, which ttlIcontrols the transter ot aicotiol. An cwtior or manager is aixays on site and monitors the consumOlion of Lvcoho'L Yes No Is an owrief, momqW, of assistant maA&W who is 21 Years of &V of old#f aways present Or the promises F, ❑ dur" b*Wm boas? Section 4 - DEG rood serviac Permit Per 3 AAC �W ' gio for an establishment to qualify as 0 Bona Fide Restaurant, :gaud Per[-t:t the munirWitty of Anchorage) coff esoLOI&-ig Diepartrnent -if qe-sito HL!---,n rcrx7cd. Please fall ow this link to Ow DEC Food Safety Wtbskc htto //dec: 3,aska 1ov/eh/fss1food/ Please toliow this link to the !Municipality Food Safety Wtbslte: A$Px to certify the be,,ovj staterncrtptt!a-le discuss the matter with the AIVICCI office. I have attached a copy GthO CU,'rent food' selviCe V.!-rnt, for -tjs p{eniises OR the pia r,vie !x *Please "re, if a plan review OpPfOval is 5ubmtttL-d, a fiiaf permit wild btic�qji?CC L(-.j1cje af ar, _v pcmlil ter fl"nse Peet 2 Of 5 AMCO Received 7/16/2021 203 Alcohol and Marijuana Control office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensiniz(Oalaska.eov httos://www.commerce.alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB-03: Restaurant Designation Permit Application Sect><on 5 loiurs of �ipelratlloln Review AS O4.16.010(c). Enter all hours that your establishment intends to be open. Include variances in weekend/weekday hours, and indicate Sunday - Thursday 10am - 11 pm, Friday - Saturday 10am -midnight Sect®olt C En eirta'nrnent 8a SPIN, . Review AS O4.11.100(g)(2) Yes No Are any forms of entertainment offered or available within the licensed business or within the proposed licensed premises? t "Yes", describe the entertainment otterea or avanaoie ana the nours in wnicn ine entertammemt may occur: Just an internet Juke Box where clients can select and play music. Food and beverage service offered or anticipated is: table service buffet service F counter service other If "other", describe the manner of food and beverage service offered or anticipated: [Form AB-031(rev 4/16/2019 Page 3 of 5 204 � ��x 0n Alcohol and Marijuana Control Office ry 550 W Th Avenue, Suite 2600 Anchorage, AK 99501 A 14, hJJR5 11/wWw'co MITIRLqg'a laska.gov/wt.k)/an) ro Phone. 907.269.0350 . . . .. Alaska Alcoholic Beverage Control Board ForAB-03: Restaurant Designation Permit Application m S I San ApproValls ermtlon,7 --ite f on d Read each ine below, and then sign your initials in the box to the right of each statement, Initials There are t ables or counters at my establishment for consuming food in a dining area on the premises. I have inck ded with this form a menu, or an expected menu, listing the meals to be offered to patrons. El This menu ncludes entrees that are regularly sold and prepared by the licensee at the licensed premises. I certify M t the license for which I am requesting designation is either a beverage dispensary, club, recreational site, golf course, or restaurant or eating place license. I have inclIded with this application a copy of the most recent AB-02 or AB-14 for the premises to be permitted. (Mf3 no applications that accompany a new or transfer license application will be required to submit an additional copy of their premises diagram.) I declare Karyn Printed Local Jer penalty of perjury that this form, including all attachments and accompanying schedules and statements, is true, complete. ) licensee eTigouair'of Notary Public Clemens Notary Public in and for the State of ne of licensee AS NOTARY PUBLICI* "111141 1,1111VA, My commission expires: _ 417- -X4. ;-02s and sworn to before me this day of 20�. Review (to be completed by an appropriate local government official): Signature 4f local government official Date Printed na[ne of local government official Title [Form AB0�1 (rev 4/16/2019 Denied Page 4 of 5 PAW Alcohol and Marijuana Control office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensineCd)alaska.eov https://www.commerce.alaska.gov/web/amco Phone: 907.269,0350 Alaska Alcoholic Beverage Control Board • is i' -1 - • III ' - r • • AMCO Enforcement Review: Enforcement Recommendation: Approve Deny Signature of AMCO Enforcement Supervisor Date Enforcement Recommendations: AMCO Director Review: Signature of AMCO Director Date Limitations: [Form AB-03] {rev 4/16/2019 Printed name of AMCO Enforcement Supervisor Printed name of AMCO Director proved Denied U SEWARD. AK (907) 224-3700 LUNCH MENU Bucket of Butt Halibut That Is! I oz Size Chunks In Homemade Beer Batter And Deep Fried Served With Homemade Tartar Sauce, Cocktail Sauce & A Leata %edcte 21b 1 lb Stall Served With I , Seafood W Halibut Crab, Shrimp, ' Soup Of The Day 6 Bowl Of Chili 6 N Served W Onions �ii� fi'ouse Salad 6 Large Dinner Salad 10 Served With I Piece Of Gadic Bread Grilled Or Fried Halibut Salad'22 Large Salad With 7 oz Filet And Your. u Choice Of Dressing Salad Dressings: Ranch, 61eu Cheese, 1000Island, Honey-MustarcQ Italian, French,Caesar, Raspberry Vinaigrette, Oil & Vinegar": White Q Balsamic Shallot Vinatgrotti>� Fries, TaterTots,`Slaw, RJ F41al Nam.. nc i s Traditional Wings 13 8 Wings in Buffalo or Szechuan Ultimate Tots 12 Chili, Cheese, Bacon, Jalapenos Shrimp Cocktail 13 8 Shrimp Served With Homemade Cocktail Sauco Cheese Sticks to 8 Cheese Sticks Served With Marmara Jalapeno Poppers 10 8 Poppers Stuffed With Cream Cheese And Deep Fried Potato Skins 12 b Skins Filled With Cheese, Bacon & lChives With Sour Cream On The Side tweet Potato Fries e ion Rings 5 rich Fries 5 Cheese 2 r�r.lTotsS Served With Choice Of I Si A,C Burgers Served With Lettuce, Tomato, Pi I9,!�tNat Hamburger 12 Cheeseburger 13 Bacon Cheeseburger 14 Mushroom Swiss 14 Black & Blau 15 Rodeo 15 Bacon, Blau Cheese Crumbles Swiss Cheese, Onlon &.Black Cracked Pepper .Rings And 880 Sauce Blac{ lBean Veggie Burger 12 Texas 14 Chi en Tender Basket 12 Grilled Onions, Shrimp Basket 14 Jalapedos and Pepper Jack cheese aioni Salad, Potato Salad or Cup of Soup of the Day. et Flies, Salad Or Seafood Chowder For $2 soaWd, shellfish or"W my inoe—yw nA ofbodbomeidhw 207 Sandwiches Bread Options; White, Wheat, Rye; Sourdough Served With Choice Of t Side club 15 Reuben t4 French Dip 14 Turkey, Bacon, Lettuce, Corned Beef, Swiss, Sliced Roast Beef Tomato, Maya And Sauerkraut On A French Roil Grilled Cheese 9 PaItty Melt 14 BLT I American Cheese Burger Patty with Grilled Bacon, Lettuce, " Onions And Swiss Tomato, Mayo Cold Turkey, Roast Beef Or Corned Beef 12 Lettuce, Tomato, Onion, Maya Desserts Beverages 6 layer Chocolate C4 AS Coke, Diet Coke, Sprite, Citeasasakefi%%=;:'° ` Ginger Ale, Iced Tea, Fruit Top pfrtg gd *M, ` - Coffee, Lemonade, Fruit Pfe;6 5 %`• ; ' Hot Tea, Cocoa, Ask Serve for flav ,., Amold Palmer Ice Cream )raft, B,BerwS 5_...:..... LL, . !mestic Beer 4.25 3 tt 1 Y Audvra�er Miller Ute Byc[llght Miller High Life !4f7cartArrar :<Co4+s.f3gftt MGD rBierihouse try Wheat perry Otchard 5.25 PBR 4 SFarra @taxada Pale Ale 5.25 Rainier 4 `Imported Beer 5.75 Corona Guinness 6 Black Butte Porter Stella Artois Heineken Mirror Pond !Nine Red Wines White Wines Woodbridge Merlot 6 Kendall Jackson Chardonnay 7 Bodega Malbec 6 Sutter Home Chardonnay 5.5 Glenn Mien Cabernet 6 Pinot Grigio 6 Robert Mondavi Cabernet 7 Chateau Ste. Michelle Riesling 6 Bliah Wines Beringer White Merlot 6 Sutter Home White Zinfandel 5.5 208 Alaska Food Code 2021 Establishment Permit Division of Environmental Health Food Safety & Sanitation Program Permit Number: 5055 Issued to: THORN'S SHOWCASE LOUNGE LLC For: Thorn's Showcase Lounge FS For Operation of. FF-1 Food Service Located at: 208 4th AVE Seward, AK 99664 This permit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. (in Anchorage call 334-2550) x � , APR 06 PAID]] Alaska Food Code 2021 Establishment Permit Division of Environmental Health Food Safety & Sanitation Program Permit Number: 5056 Issued to: THORN'S SHOWCASE LOUNGE LLC For: Thorn's Showcase Lounge For Operation of: FN-4 Tavern/Bar Located at: 208 4th AVE Seward, AK 99664 This pen -nit, issued under the provisions of 18 AAC 31, is valid until the noted expiration date or unless suspended or revoked by the department. This permit is not transferable for change of ownership, facility location, or type of operation. It must be posted in plain view in the establishment and is the property of the State of Alaska. (in Anchorage call 334-2560) 210 f�' Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 c alcohol.licensing@alaska.gov https://www.commercE, Phone: 907.269.0350 o A asha A cohak evevage ConVal ooarrd ra��arau._. ®FQ o -®2a Pmmm ses Mao ram b'Uhat is tHs5 form? A detailed diagram of the proposed licensed premises is required for all liquor license applications, per AS O4.11.260 and 3 AAC 304.185. your diagram must include dimensions and must show all entrances and boundaries of the premises, walls, bars, fixtures, and areas of storage, service, consumption, and manufacturing. If your proposed premises is located within a building or building complex that contains multiple businesses and/or tenants, please provide an additional page that clearly shows the location of your proposed premises within the building or building complex, along with the addresses and/or suite numbers of the other businesses and/or tenants within the building or building complex. The second fgage of this form is not required, Blueprints, CAD drawings, or other clearly drawn and marked diagrams may be submitted in lieu of the second page of this form. The first page must still be completed, attached to, and submitted with any supplemental diagrams. An AMCCI employee may require you to complete the second page of this form if additional documentation for your premises diagram is needed. This form must he completed and submitted to A(`i41iCEO°s main office before anV license application to ll he considered complete. Yes No I have attached blueprints, CAD drawings, or other supporting documents in addition to, or in lieu of, the second page of this form. c c f oor cJ o C ftboft[ ment Information Enter information for the business seeking to be licensed, as identified on the license application. Uccensee: Thorn's Showcase Lounge, LLB UcanseMumbber. 11130 Lkense TVpceo Beverage Dispensary © na SUSMess Aso Thorn's Showcase Lounge GOraml ssesAddFessa 203 4th Avenue ciwo Seward Staten 1AK ZZIP, 199664 1fln^ - 17- i, [Form AD-021(rev 06/24/2016) 1 it APR 0 6 1i�zi j 211 j AL `, Page 1 of 2 0 N O N r N U N U Q I �, ►4191 AMCO Received 7/17/2021 August September 2021 August 2021 SuMo Th TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 1 2 3 4 5 6 7 7:00pm P&Z Mtg, (Council Chambers) 8 9 10 11 12 13 14 7:00pm CC Mtg 6:00pm P&Z 6:15pm HPC Joint WS Work Session SBCFSAB (Council (Discussion of Chambers) Seward 7:00pm HPC Airport Project Meeting Pertaining to (Council Resolution Chambeers) 2021-014 of 15 16 17 18 19 20 21 5:30pm CC Joint 10:30am pre -bid Work Session conference - with P&Z norm regis - (Review & gkl floats Discuss Ordinance 2021-006, Amending Portions Of 22 23 24 25 26 27 28 5:30pm CC Work 3:30pm bid Session openings - gkl (Presentation floats - norm of the City's regis Draft 2020 Financial Report by 7:00pm CC Mtg (Chambers) 29 30 31 Sep 1 2 3 4 Chamber Calendar 1 8/3/2021 11:10 AM 214 September 2021 September 2021 October 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 29 30 31 Sep 1 2 3 4 12:00pm PACAB Mtg 5 6 7 8 9 10 11 HOLIDAY 7:00pm P&Z Mtg 6:15pm HPC (Council Work Session Chambers) (Council Chambers) 7:00pm HPC Meeting (Council Chambeers) 12 13 14 15 16 17 18 5:30pm 12:00pm PACAB TENTATIVE WS Budget Kick -Off Work Session 7:00pm CC Mtg 19 20 21 22 23 24 25 6:00pm P&Z Work Session (Council Chambers) 26 27 28 29 30 Oct 1 2 7:00pm CC Mtg 1:00pm reserved (Chambers) for kpb election training (bjb) Chamber Calendar 2 8/3/2021 11: 10 AM 215 October 2021 October 2021 November 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 26 27 28 29 30 Oct 1 2 3 4 5 6 7 8 9 ELECTION DAY 12:00pm PACAB 12:00pm 7:00pm P&Z Mtg Mtg Canvass Board 6:00pm 6:00pm TENTATIVE TENTATIVE Budget Work Budget Work Session Session 10 11 12 13 14 15 16 7:00pm CC Mtg 6:00pm 6:00pm (Certify TENTATIVE TENTATIVE Election) Budget Work 6:15pm HPC Session Joint Work 6:15pm HPC Work Session 7:00pm HPC 17 18 19 20 21 22 23 HOLIDAY (Alaska 6:00pm P&Z 12:00pm PACAB Day) Work Session WS (Council Chambers) 24 25 26 27 28 29 30 5:00pm CC WS (Review & Rank Potential Site Locations 7:00pm CC Mtg (Organization al Meeting) 31 Nov 1 2 3 4 5 6 Chamber Calendar 3 8/3/2021 11:10 AM 216