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Agenda Packet
US Army Corps of Engineers visit the Lowell Creek Diversion Tunnel
September 30, 2021
Monday, October 11, 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
October 11, 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
1. National Coming Out Day Proclamation ............. Pg. 3
2. Wellness Week Proclamation .......................... Pg. 4
3. Domestic Violence Awareness Month Proclamation 6
B. Borough Assembly Report
C. City Manager Report ......................................... Pg. 7
D. City Attorney Report ....................................... Pg. 22
E. Other Reports and Announcements — None
1. Presentations — None
City of Seward, Alaska Council Agenda
October 11, 2021 Page I
7. PUBLIC HEARINGS — None
8. UNFINISHED BUSINESS — None
9. NEW BUSINESS
A. Resolutions
*1. Resolution 2021-115, Authorizing the City Manager to Enter into a Construction
Contract with Global Diving & Salvage Inc., for the Replacement of Sacrificial Anodes
Cathodic Protection System on the Concrete Section of the Seward Harbor Float System
in Amount not to Exceed $150,477.80, which includes a 10% Contingency, and
AppropriatingFunds.......................................................................... Pg. 24
*2. Resolution 2021-116, Authorizing the City Manager to Spend an amount up to
$35,000 for the Installation of Overhead Electric Power to the Scale House at the City
RockQuarry ................................................................................... Pg. 34
*3. Resolution 2021-117, Authorizing the City Manager to Enter into the Contract with
LTAS Technologies Inc. for Short Term Rental Registration and Compliance
Services through December 31, 2024, for a total of $6,500 Annually, and Appropriating
Funds............................................................................................ Pg. 42
*4. Resolution 2021-118, Approving Amendment No. 1 to the Contract with Boyd,
Chandler, Falconer & Munson for the Provision of Basic Legal Services through August
1, 2023, for a Total of $66,000 Annually ................................................... Pg. 65
*5. Resolution 2021-119, Approving Amendment No. 1 to the Contract with R&M
Consultants Inc. for On -Call Engineering and Grant Writing Services through December
31, 2024, and Appropriating Funds in the Amount of$25,000......................... Pg. 81
B. Other New Business Items
*1. Approval of the September 13, 2021 City Council Special Meeting Minutes. Pg. 98
*2. Certify the October 5, 2021 Regular Municipal Election Results .................. Pg. 101
*3. Non -objection to the renewal of marijuana license 917758 for The Tufted Puffin,
LLC........................................................................................ Pg. 104
*4. Appoint Dona Walker to the Historic Preservation Commission with a term to expire
May, 2024................................................................................ Pg. 112
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.]
12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
13. ADJOURNMENT
City of Seward, Alaska
October 11, 2021
Council Agenda
Page 2
`a
PROCLAMATION
WHEREAS, National Coming Out Day grew as a result of the 1987 March on Washington for
Lesbian and Gay Rights, an event which helped establish Lesbian and Gay rights as an important issue for
everyone, not just those involved in the queer community, and
WHEREAS, first celebrated in the United States in 1988, National Coming Out Day is also
observed in Ireland, Switzerland, the Netherlands and the United Kingdom; and
WHEREAS, the foundational belief is that homophobia thrives in an atmosphere of silence, shame,
and ignorance, and that once people know that they have loved ones who are lesbian or gay, they are far
less likely to maintain homophobic or oppressive views; and
WHEREAS, because respect for differences among humans is a defining characteristic of an
advanced society, the City of Seward continues to work towards erasing misperceptions and bigotry by
heightening awareness and understanding of the lives and experiences of all our community members;
and
WHEREAS, National Coming Out Day is a public celebration that encourages individuals to
recognize and honor the universal ideals of honesty, tolerance, and acceptance; and
WHEREAS, National Coming Out Day provides an opportunity for LGTBQ people to come out to
family and friends and to educate and inform people about the true diversity of the LGBTQ community;
and
WHEREAS, by celebrating this diversity and by establishing a positive dialogue, we can foster an
atmosphere of respect, understanding, and goodwill; and
WHEREAS, the City of Seward is proud to celebrate National Coming Out Day and to recognize
the many contributions that the LGBTQ community has made throughout the nation, as well as in our
own community.
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska do hereby recognize
October 11, 2021 as
NATIONAL COMING OUT DAY
and encourage all citizens to support those individuals courageous enough to have already come out and
to foster an environment in our community that allows others to find the strength to do the same.
DATED THIS 11th DAY OF OCTOBER, 2021
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
3
PROCLAMATION
WHEREAS, the Seward Prevention Coalition formed in 2005 with the overall mission
of partnering to promote all dimensions of wellness through education, advocacy, and support;
and
WHEREAS, the Seward Prevention Coalition is made up of members of the
community who represent other organizations, groups, and establishments within Seward, all
with a collaborative attitude towards bettering our community; and
WHEREAS, the Seward Prevention Coalition works with partners throughout the
community to promote and foster wellness for all individuals; and
WHEREAS, encouraging involvement in healthy activities, touching upon all the
various dimensions of wellness, can positively impact overall health and wellness; and
WHEREAS, the Seward Prevention Coalition has planned a variety of events for
Wellness Week, taking place October 1 lth through 171h, to engage the community and promote
wellness.
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do
hereby proclaim October 11-17, 2021 as
SEWARD WELLNESS WEEK
and encourage all citizens to support the work of the Seward Prevention Coalition as they work
to make Seward a healthier and happier place to live, work, and play.
Dated this 11th day of October, 2021 THE CITY OF SEWARD, ALASKA
Seward Prevention. (coalition
Christy Terry, Mayor
4
SEWARD WELLNESS WEEK tOtl 8"vee- &-6 OleJs �t a GP
SUNDAY 10110
12:00-2:00pm Bike Park Fun Day
at Seward Community Bike Park
12:00-2:00pm Story Walk
at Seward Community Bike Park
12:00-4:00pm Sewing Basics
** via Zoom
**1:00-3:00pm Family Paint - 6+
at Seward Community Library
6:00-8:00pm All Ages Open
Mic Jam at Temple Studios
THURSDAY 10114
9:00-10:00am Walk & Talk
at Waterfront Bike Path
10:00-11:00am SPRD Tot Time
at Seward Community Library
1:00pm Bees Wax Wraps Class
- 60+ at Seward Senior Center
1:30-3:30pm Walking for Wellness
- 60+ at Cruiseship Terminal
MONDAY 10111
9:00-10:00am Walk & Talk
at Waterfront Bike Path
9:45-10:45am Tai Chi for
Arthritis - 60+ at Senior Center
TUESDAY 10112
9:00-10:00am Walk & Talk
at Waterfront Bike Path
10:00-11:00am SPRD Tot Time
at Seward Community Library
4:00pm SCLA Zoom Member Drive 11:00-11:30am SeaLife Center
& Story Walk at Library Garden Small Fry School via YouTube
5:30pm Community Yoga - 12+ 11:30-12:00pm Toddler Story
at Gateway Hotel Time by Sprout via Zoom
7:00pm Wellness Week 1:30-3:30pm Walking for Wellness
Proclamation at Council Meeting - 60+ at Cruiseship Terminal
FRIDAY 10115
9:00-10:00am Walk & Talk
at Waterfront Bike Path
** 9:30am-2:30pm Ages 0-5
Development Screening at Library
9:45-10:45am Tai Chi for
Arthritis - 60+ at Senior Center
4:30-5:30pm Hygge in Nature
at Branson Pavilion
3:00pm Pregnancy & Postpartum 5:30-6:30pm Black Light Yoga
Wellness Class at Library ** at APEX Gym
4:00-6:00pm Community
** Scavenger Hunt
F
eregistration Required
6:00-8:00pm Community Dance
Party at Branson Pavilion
8:30-10:30pm SPRD Drive -In
Movie at High School
6:00pm Community Meditation
SATURDAY 10116
10:15am-12:00pm Historic
Walking Tour starting at Library
1:00-2:45pm Historic Walking
Tour starting at Library
5:00pm SPRD Pumpkin Prowl
at First Lake Pavilion
5:00pm Historic Walking Tour
** at Woodlawn Cemetery
6:30pm Community Campfires
at Waterfront
WEDNESDAY 10/13
9:00-10:00am Walk & Talk
at Two Lakes Trail
9:45-10:45am Tai Chi for
Arthritis - 60+ at Senior Center
11:00am Sprout Family Services
Baby Basics via Zoom
1:00pm All Ages Ukulele Jam
at Seward Senior Center
7:00pm Writing Workshop -
14+ via Zoom
SUNDAY 10117
10:15am-12:00pm Historic
Walking Tour starting at Library
1:00-2:45pm Historic Walking
Tour starting at Library
**1:00-3:00pm Family Cookie
Decorating - 5+ at Temple Studios
1:00-3:00pm Zombie March
at Exit Glacier Road
6:00-&00pm All Ages Open
Mic Jam at Temple Studios
** 6:45-8:15pm Introduction to
Tai Chi at Library & via Zoom
Check out the Facebook Event Page for Further Details!
rr,.�rfP.
5
PROCLAMATION
WHEREAS, domestic violence is a serious crime that impacts Alaskans at a higher rate than any
other state in the U.S.; a 2015 University of Alaska Justice Center study found that 48% of Alaskan women
have experienced domestic violence at some point in their lives; and
WHEREAS, domestic violence takes on many forms, including physical abuse or control, financial
abuse or control, and gaslighting or emotional abuse; and
WHEREAS, everyone, without regard to age, race, religion, gender or economic status, deserves a
safe home; and
WHEREAS, domestic violence effects children, families, and entire communities; children that grow
up in homes where domestic violence takes place can suffer lifelong negative health repercussions, including
increased Adverse Childhood Experience (ACE) scores; and
WHEREAS, the COVID-19 pandemic increased life stressors for many families, and domestic
violence response organizations, both nationally and statewide, experienced an estimated 20% increase in calls
for assistance; and
WHEREAS, SeaView's longstanding DVSA program joined the Seward Prevention Coalition in July,
2021 and was renamed Seward's Safe Harbor Domestic Violence/Sexual Assault program; and
WHEREAS, Seward's Safe Harbor DVSA program works to help all victims of domestic violence to
regain safety and stability in their lives, and to heal from the trauma of abuse; and
WHEREAS, the National Network to End Domestic Violence's campaign for October is "Every 1
Knows Some 1", which is particularly meaningful in Alaska where the rates of domestic violence are so high;
and
WHEREAS, it is important to break the silence and end the shame that victims of domestic violence
often experience, to recognize the signs of domestic violence, and to support those suffering in abusive
relationships; and
WHEREAS, Domestic Violence Awareness Month provides an opportunity for the community to
learn about prevention and safe interventions, and to show support for victims; and
WHEREAS, the City of Seward is committed to working with local and state partners to help end
domestic violence in our community, sharing the worthy goal of this month -long observance, sending a loud
and clear message to abusers that domestic violence is not tolerated in Seward.
NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim
October, 2021 as DOMESTIC VIOLENCE AWARENESS MONTH and encourage all citizens to support
the work of Seward's Safe Harbor DVSA program, to wear purple this month as a symbol of support, and to
work together to raise awareness of and put an end to domestic violence in our community.
Dated this 11th day of October, 2021 THE CITY OF SEWARD, ALASKA
OCTOBER s
Nmestic Violence
AWARENESS
VONT
Christy Terry, Mayor
6
City of Seward
City Manager's
Report October 11,
2021
Mayor Terry and Council Members,
Infrastructure Bill
I'm continuing to watch the infrastructure bill for potential funding sources for city projects. As
opportunities present themselves, I will let you know. In speaking with our State and Federal
Lobbyists, it appears Congress is continuing to work on building consensus on both the "physical" and
"human" infrastructure bills. At this time, there is no date set for the physical infrastructure bill to be
voted on by the House of Representatives.
Forensic Audit
City Administration reached out to Greene Accounting LLC to get a status update. Greene Accounting
responded back that audit work is still underway and no ETA is available on project completion.
Covid Updates
I am encouraged to see the daily case counts are decreasing. At this time, all City employees will
continue to wear masks while in City facilities.
Emergency Operations
The Assistant City Manager and Fire Chief held a meeting with community stakeholders
regarding emergency operations and improving the flow of communication to our citizens on
September 28th. City Administration continues to refine our internal processes in order to improve our
community engagement. One item discussed during the stakeholder call was the need for increasing
education for Seward citizens. The Fire Chief is requesting bids for ordering tsunami signage to aid in
community awareness.
Anima/ She/ter
The Police Chief, Deputy Police Chief, Animal Control Officer, and Assistant City Manager continue to
meet weekly with Dawson Construction. At this time, the Animal Shelter is scheduled to be
completed by November 2022 (see the schedule included later on in the CMR with a detailed flowchart).
The project is at 65% design.
SBDC Position
The Assistant City Manager met with the Chamber of Commerce, University of Alaska -Fairbanks, and
SBDC on Sepptember 30"' regarding the SBDC position. This position will be posted to the public by
October 15th and the goal is to get a candidate hired by the end of October. Cliff Cochran with SBDC
will be setting up a date for the chosen candidate to present a short presentation in 9 months after
start date to present to Council and the public to address the success they see and how the position is
going for them. This project will provide updates when available to the public and to the Council.
Electric Department Bond Application
The Bond Bank met on October 5th and approved the bond for the projects that received Council
approval
City of Seward Personnel Transactions
Prepared by Tammy Nickell, City of Seward Human Resources Officer
Separations:
Department:
Date of Separation:
Parks & Campground
SPRD
10/04/2021
Operations Supervisor
New Hires:
Department:
Date of Hire:
Building/Fire Inspector
Fire
10/04/2021
Recreation Assistant
SPRD
10/08/2021
Journeyman Lineman
Electric
12/01/2021
Corrections Officer
Police
Conditional Offer
Available Full Time Positions:
Department:
Corrections Officer (1)
Police
Police Dispatcher
Police
Accounting Technician I AP
Finance
Community Development Director
Comm Dev.
Available Seasonal Positions:
Department:
Seasonal Library Aide (1)
Library
Seasonal Winter Park Maintenance SPRD
Position Status:
Advertising Since 04/12/2021
Advertising Since 06/21/2021
Advertising Since 09/03/2021
Advertising Since 09/23/2021
Position Status:
Advertising Since 04/05/2021
Advertising Since 09/15/2021
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
9/19/2021
Parks & Rec
2 Yetii Portable Pomr Stations
$ 8,830,00
9/27/2021
Community
Appraisal of 3 City Properties: SMIC for the US Coast Guard location, The Fort Raymond Property and the Annex
$11,000.00
9/19/2021
Public Works
Grader K' Attachment for Bob Cat Vehide #171
$11,650.00
9/07/2021
Public Works
Street Department Winter Supplies - Calcium Chloride, Tundra Ice Melt, and Salt Bulk Bag
$ 25,150.00
9/30/2021
Public Works
Repair/Replace Engine for Vehicle #136 Dump Truck - Salle Source
$ 28,390,00
Thank you,
City of Seward
Department Activity Reports
Community Development
Courtney L. Bringhurst
➢ Short Term Rental Permits — 1 reviewed and processed
➢ Building Permits — 10 reviewed
➢ Sign Permit — 1 reviewed and processed
➢ Dig Permits — 3 reviewed
➢ Variance Applications — 2 reviewed and prepped for Oct 19t" PZ meeting
➢ CUP Applications — 2 reviewed and prepped for Oct 19t" PZ meeting
o 3 applications in the process of receiving and prepping for the next PZ
meeting
➢ Public Meetings: (prepared packets for 1 of these meetings)
0 1 PZ Work Session
0 1 Flood Board Work Session and Regular Meeting
➢ Flood Plain:
o Completed flood plain permit for Susan Urbach
o Followed up with Stephanie and DOT about their Flood Plain permit
(waiting on City Administration approval or request for CLOMR)
➢ Other:
o Resolutions and Agenda Statements for CUP's, Variances, Title 15 Code
Definition Changes, and Harmari
o Meeting with Flo Analytics to kick off the GIS Needs Assessment
o Working with surveyor on Animal Shelter replat and Cemetery survey
o Recorded approved CUP and Sign Variance at the Recorder's Office in
Anchorage
o Met with various people in the community to answer questions about their
property — uses allowed, setbacks, etc.
Our mission is to provide community resource
information services relating to the orderly
development of the community, to promote safety
and public order, protect the public health and
general welfare of the citizens of the community
and to stimulate systematic development of
transportation, public utilities, school, and other
public facilities through implementation of Council
and Administration planning, zoning, historic
preservation, and City land management policies.
HOW CAN WE HELP?
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INFORMATI2N HELP
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ASSISTa%GE
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DIRECT ON GUIDANCE
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Finance Department
lessra Snyder
➢ Internal Utility Audit: Finance is continuing their review of accounts to ensure
correct billings. Changes will take effect in January and the first bills with
changes will be noted in February.
➢ Internal: Special thanks to the Finance team for the extra support and work
during the budget process and openness to work through necessary changes in
order to address audit findings from the 2020 audit.
➢ Budget: Finance is finalizing departmental operational budgets. The goal is a
completely revised operational budget. This is a very detailed and collective
effort that has required a great deal of time, dedication, and commitment,
including a lot of extra hours and time from Finance.
is
Fire & Building Department
Fire Chief Clinton Crites
24joza�uk-ia
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. Firefighter 1 training
starting October 7t" with
Bear Creek FD!
Statistical Information;
Fire & Life Safety Inspections YTD: 326
inspections discovering 568 violations.
Emergency Calls year to date: 236
New Building Permits issued YTD: 40
with a total job valuation of $4,097,594.
Demo Permits issued YTD: 5
• Code review for updating all Seward Fire, Building, and related codes still ongoing.
• Stood by for the high school bonfire.
• Prepping apparatus and station for winter weather
� air
PAY ATTENTION
TO LOCAL ALERTS
AND WARNINGS KNOW ESCAPE
ROUTES
BE PREPARED
INSTALL SMOKE
ALARMS
AND TEST THEM
MONTHLY
0
0 Ready
Replace smoke detectors older than 10 years and Carbon Monoxide detectors
older than 5 years. Change batteries every 6 months. Call the fire department
224-3445 if you need assistance. 12
SMOKE ALARMS ARE A KEY PART
of a home fire escape plait. Wheii there is
a fire, smoke spreads fast. Working smoke
alarms give you early warning so you caii
get outside quickly.
SAFETY TIPS
• Install smoke alarms in every bedroom. They should FACTS
also be outside each sleeping area and on every
level of the home. Install alarms in the basement. A closed door may slow
the spread of smoke, heat,
• Large homes may need extra smoke alarms. and fire.
• It is best to use interconnected smoke alarms.
Smoke alarms should be
When one smoke alarm sounds, they all sound.
installed inside every sleeping
room, outside each separate
• Test all smoke alarms at least once a month.
sleeping area, and on every
Press the test button to be sure the alarm is working.
level. Smoke alarms should
be connected so when one
• Current alarms on the market employ different types
sounds, they all sound. Most
of technology including multi -sensing, which could
homes do not have this level
include smoke and carbon monoxide combined.
of protection.
• Today's smoke alarms will be more technologically
(D Roughly 3 out of 5 fire deaths
advanced to respond to a multitude of fire
happen in homes with no
conditions, yet mitigate false alarms.
smoke alarms or no working
smoke alarms.
• A smoke alarm should be on the ceiling or high
on a wall. Keep smoke alarms away from the
kitchen to reduce false alarms. They should be
at least 10 feet (3 meters) from the stove.
• People who are hard -of -hearing or deaf can use
special alarms. These alarms have strobe lights
and bed shakers.
• Replace all smoke alarms when they are 10
years old.
onNATIONALFIRE
PROTECTION ASSOCIATION Your Logo
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an fM edeamcal aM r4LSW hazards 13
Harbor
Harbormaster Norm Regis
➢ Both Travelifts have continued removing vessels from the harbor for winter storage.
➢ We are prepping the SMIC yard for the winter storage season.
➢ We continue to have a list for the 330-ton travelift for vessels to get lifted out of the
water.
➢ The water throughout the harbor has been turned off, there are several locations
that we will have water on for the winter.
➢ 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 now closed due to the water being turned off.
➢ The harbor office is fully staffed.
➢ The Harbor has upgraded to the new software and are continuing to work through
some minor issues with the on-line payments.
➢ The harbor office is on its winter schedule due to some staff shortages and are open
Monday through Saturday. The Sunday harbor crew will check phone messages
throughout the day and respond as necessary.
➢ 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, we
went out to bid on September 15t", and we will open bids October 8 at 11:00 am.
➢ Harris Sand and Gravel is the winning bidder for the G, K and L-Float replacement
project. Thank you, council, for this well needed project, as soon as we have a
construction schedule I will let you know.
➢ We opened bids for the Seward Harbor Cathodic Protection project on
September24th at 3:30 pm.
➢ The winning bidder is Global Diving & Salvage, this contract will go before council at
this meeting.
➢ We had a pre bid conference for the North East Launch Ramp on September 23rd at
1300 Six companies showed up for questions and a walk through of the project.
14
➢ Below is a letter from a harbor user, you always hear the bad, so I like to let you
hear the good.
Hello,
I just wanted to let you know that we pulled our boat out of our slip M for the season
and don't plan to return until May of next year. I just wanted to give my highest
compliments to the Harbor Master Office and City of Seward. This was my first summer
having a boat slip in Seward and it was such a great experience. From how clean and
organized everything was, to easy launch access and parking, convenient trash disposal
and clean harbor bathrooms - the city does an amazing job taking care of its facilities.
So, thank you for all of your hard work and for providing such a wonderful place to visit
and enjoy.
Thank ou a ain,
I�
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.
Library hours
Tuesday — Friday 9 a.m. — 6 p.m.
Saturdays 9 a.m. — 5 p.m.
Museum Hours
Friday — Saturday 1 p.m. — 5 p.m.
October 12, 2021 the library will start scheduling for passport appointments again.
U11
Parks & Recreation
Tyler Florence
Subscribe to the Parks & Rec Newsletter:
https://tinyurl.com/sewardparksnewsletter
• The replacement Mary Lowell cemetery marker is scheduled for install on
October 9th.
• We are in the process of winterizing facilities.
• Staff are attending the annual Alaska Recreation & Park Association conference
Oct. 5-7.
Campgrounds
Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot
today: https://www.cityofseward.us/departments/parks-recreation/campgrounds
YTD Campspot Bookinas as of 09/30/21
Period
Site
Nights
Revenue
Completed Bookings
34,366
$ 1,404,190
Advance Bookings
23
$ 345
Total:
34,389
$ 11,404,535
Sports & Recreation
Register for programs and reserve facilities:
https://seward.recdesk.com/Community/Home
View program details:
https://www.cityofseward. us/departments/pa rks-recreation/sports-recreation
9/25 Disc Golf Tournament
6 participants
9/25 Free Barn Yard Games @Seward Music Festival
150+ estimated participants
9/27 Youth Leadership Council
6 participants
10/16 Pumpkin Prowl
No registration required
10/30 Community Halloween Carnival
1 registered vendor
UVA
Tot Time I Tuesdays/Thursdays
9/21 — 9/28: 41 participants
18
Public Works Department
Doug Schoessler
➢ Wind damage and Power outages: Strong winds blew down trees around town. Water and
sewer systems had small issues from power outages, but all were taken care of with no significant
repairs needed.
➢ Level 1 & 2 Soil investigations at the Public Works Facility on 6t" Ave.: No new news yet
on this study. We expect to see results around October 6t"
➢ Wastewater and Lagoon overview study: We still expect to see the results of this study in
early October.
➢ FLAP Grant: The geologists and the FLAP team are putting together cost estimates for the 25
slopes identified and will then re-evaluate the cost benefit of each one. This will further identify the
ranking of areas to start construction.
➢ Tunnel: On September 30 we met with the Alaska Army Corp of Engineers and some national high-
ranking USACE members for a site visit and discussion for funding to happen asap. It was a good
meeting with viewing at both ends of the tunnel.
1. Evaluate transportation system use and needs; target USMP
implementation
2. Rate identified transportation corridors based on
maintenance input
3. Prioritize Rated Slopes
4. Develop conceptual designs and estimates by geotechnical
specialist for highly rated slopes only
5. Evaluate benefit -costs and reprioritize rated slopes for
proactive project selection
6. Track slopes in USMP; watching for trends of deterioration
that require proactive risk reduction intervention
19
Streets:
➢ Brushing/vegetation management: Crews worked to clear streets and downed trees from
roadways and City properties. Crews also worked to remove the buildup of grass and sand from
under the guardrails on the Nash Rd hills. This will greatly aid drainage from the roadway.
➢ Pavement crack sealing: Annual crack sealing efforts began on City streets starting out on Nash
Road and Bette Cato Avenue. Diamond Blvd was also completed.
Water/ Wastewater:
➢ Winter prep: Sewer flushing almost finished and most outside water has been shut down and the
campgrounds, sewer dump site, and the harbor. Only two water taps are left open for the winter.
We will add those locations to the City website for the public's use.
➢ City building boilers: We will continue to monitor the boilers for any issues.
➢ Construction 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:
➢ Repairs and Maintenance. We are prepping for winter and will start snow tire changeover in
the next few weeks.
`11
Original 2021 2022
ID Description Duration Start Finish Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
15 Contract Award 1 07/27/21 07/27/21 (l—Contr ctAwarc}•••••• ••••••
17 Conditional Use Permit 30 07/28/21 09/07/21 :c�_' _:; Conditional Use Permit
20 Schematic Design 30 09/01/21 10/12/21 p Schematic DesigH
30 Schematic Design Approval by City 10 10/20/21 11/02/21 Schematic Design Approval by City
40 Civil and Structural Design 50% 20 09/01/21 09/28/21 Civil and Structural Design 50%
50 Pre -Fabricated Structures Design 50% 15 11/03/21 11/23/21 Pre-Fabricated.Structures Design 50
60 Civil and Structural Design 95% 10 09/29/21 10/12/21 Civil and Structural Design 95
70 Pre -Fabricated Structures Design 95% 30 09/01/21 10/12/21 E : Pre -Fabricated Structures Design 95%-------------
i
80 Civil and Structural Design Approval 10 10/20/21 11/02/21 Civil and Structural Design Approval'
90 Pre -Fabricated Structures Design Apprc 10 10/20/21 11/02/21 Pre -Fabricated Structures Design Approval
100 Plan Review and Permitting by City of S 15 11/03/21 11/23/21 Plan Review and Permitting by City of Seward
110 Civil and Foundation Installation 50 03/30/22 06/07/22 Civil and Foundation Installation
120 Pre -Fabricated Structure Manufacturing 60 11/24/21 02/15/22 ? : q - Pre -Fabricated Structure Manufacturing
130 Pre -Fabricated Structures Arrive on Site 1 06/08/22 06/08/22 Pre -Fabricated Structures Arriv
140 Set Structures 12 06/08/22 06/23/22 Set Structures',
150 Installation of Exterior Envelope 30 06/24/22 08/04/22Installation of Ex
160 Interior Construction 30 08/05/22 09/15/22 Interi
165 Exterior Construction 15 08/05/22 08/25/22 Exterior C
170 Utility Connections 10 08/26/22 09/08/22 Utility
180 Substantial Completion 1 09/09/22 09/09/22 Subst
190 Punch List 20 09/12/22 10/07/22
200 Final Completion 1 10/10/22 10/10/22 E
Start Date: 07/27/21
Finish Date: 10/10/22
Data Date: 07/27/21
Run Date: 08/30/21
Seward Animal Shelter Schedule Update 8-30-21.ppx Page 1A
\` _
21 phoenix
ROJECT MA NAG E R
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
October 5, 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 September.
Electric Utility
We reviewed and revised a contract for fencing. We advised on conditions for extension
of service.
Personnel
We advised on interpretation and application of the pet policy and several personnel
matters including a grievance.
Planning
We advised on formalizing a drainage easement. We advised on application of Title 15
provisions on employee campgrounds.
General Matters
We continued work on the recodification project. By the end of the month our work had
covered Titles 1-14 leaving Titles 15-17 to be completed. We analyzed an Open Meetings Act
issue. We advised on a records request. We reviewed a draft recycling ordinance. We
reviewed lobbyist contracts.
W
Seward City Council
October 5, 2021
Page 2
Port
We reviewed a proposed sublease and recommended changes. We reviewed several
contracts for capital projects.
You can expect to receive our next status report by November 3.
Very truly yours,
CHANDLER, FALCONER, MUNSON &
CACCIOLA, LLP
Brooks W. Chandler
23
Resolution 2021-115
Documents:
• Agenda Statement
• Resolution 2021-115
• Attachments:
o R & M Signed Task Order 11
0 00030 Public Notice - Invitation to Bid
2021-09-27 Seward CP Bid Results
Seward Harbor Cathodic Protection Contract
24
City Council Agenda Statement
Meeting Date: October 11, 2021
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2021-115: Authorizing the City Manager to Enter into a
Construction Contract with Global Diving & Salvage Inc., for the Replacement
of Sacrificial Anodes Cathodic Protection System on the Concrete Section of
the Seward Harbor Float System in an Amount not to Exceed $150,477.80,
which includes a 10% Contingency, and Appropriating Funds
Background and justification:
In 1999, the Seward Boat harbor went out to bid for engineering and design for the replacement of
E, F, a portion of G-float along with H and J-dock, in which council approved Resolution 99-028
authorizing Tryck Nyman Hayes INC (TNH) to perform these services.
In Resolution 2000-147 Seward City Council approved Swalling Construction to replace these old
wooden floats with concrete floats along with galvanized metal piling.
This project was completed in 2001 with 20-year sacrificial anodes installed.
In 2020, the harbor had some underwater water line breaks on the concrete section of the harbor
while the diver was on site the harbor requested the diver to look at and report how much of the
sacrificial anodes were remaining. The diver reported over half of the anodes were deteriorated and
some were more that 50% gone, this is when they start deteriorating faster as there is less anodes
protecting the piling.
With the G, K & L-float project underway in 2021 and 2022, the harbor recommends replacing the
anodes at this time, we could piggyback off this project to save on mob and demob cost due to the
contractor for the G, K and L-float project will have divers weld anodes onto the new G, K and L-
float pilings.
The harbor is utilizing the R&M on call engineering contract requested R&M to design a cathodic
protection system for this project (Task Order No 11).
Once again with R&M being on site for the G, K & L-float construction project this again is saving
city funds.
The City, along with R&M drafted and finalized a competitive bid package based on the City's
standard construction agreement, the scope of work and the availability of funds. This project was
advertised according to SCC 6.10.210 and SCC 6.10.215. Four bids were received by the deadline of
3:30 pm on September 24, 2021. The City along with R&M reviewed all bids and concluded Global
Diving & Salvage, Inc., was the lowest, most qualified and responsive bidder with a total bid amount
of $136,798.00, a 10% contingency of $13,679.80 is requested to ensure the project moves forward
without any delays if any unforeseen issues arise.
The city needs to appropriate $150,477.80 which includes a 10% contingency to complete this
project.
NO
The project consists of adding new 130 lb. anodes to all the steel piling on E, F, H, J and a portion of
G-float, this will add years of service life to the galvanized metal piling.
The bid tabulation follows:
Seward Harbor Cathodic Protection Project
Engineers
Global Diving
Resolve
Highmark
American
Estimate
& Salvage
Marine
Group
Marine
Fabrication
Marine Corp
Bid
$220 800.00
$136 798.00
$352 120.20
$393 989.60
$222 433.00
Consistency checklist:
Comprehensive Plan: Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management plans. (Page 16 3.5.1)
Strategic Plan: Complete the renovation of the Boat Harbor. (Page 7)
Other:
Fiscal note:
Funding will come from Harbor Fund reserves and expensed to the Cathodic Protection Project
infrastructure account no. 11440-0000-8101.
Finance Department approval:�-
Attorney Review:
Yes X❑ No ❑ Not applicable ❑
Recommendation
City Council approve Resolution 2021-115.
41
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-115
A Resolution of the City Council of the City of Seward, Alaska, Authorizing the
City Manager to Enter into a Construction Contract with Global Diving &
Salvage Inc., for the Replacement of Sacrificial Anodes Cathodic Protection
System on the Concrete Section of the Seward Harbor Float System in Amount
not to Exceed $150,477.80, which includes a 10% Contingency, and
Appropriating Funds
WHEREAS, in 1999, the Seward Boat harbor went out to bid for engineering and design for
the replacement of E, F, H, J and a portion of G-float, in which council approved resolution 99-028
authorizing Tryck Nyman Hayes INC (TNH) to perform these services; and
WHEREAS, in Resolution 2000-147 Seward City Council approved Swalling Construction
to replace these old wooden floats with concrete floats along with galvanized metal piling with
sacrificial anodes; and
WHEREAS, in 2020, the harbor had some underwater water line breaks on the concrete
section of the harbor while the diver was on site the harbor requested the diver to look at and report
how much of the sacrificial anodes were remaining, and
WHEREAS, the diver reported over half of the anodes were deteriorated and some were
more that 50% gone, this is when they start deteriorating faster as there is less anodes protecting the
piling; and
WHEREAS, the City developed a scope of work with the assistant of utilizing the R&M on
call engineering contract requested R&M to design a Cathodic protection system for this section of
the harbor (Task Order No 11) and advertised a competitive bid package according to SCC 6.10.210
and SCC 6.10.215; and
WHEREAS, four bids were received by the required deadline of 3:30pm on September 24,
2021: and
WHEREAS, the City and R&M engineering reviewed all bids and concluded Global Diving
& Salvage Inc., was the lowest, most qualified and responsive bidder with a bid amount of
$136,798.00; and
WHEREAS, R&M request a 10% contingency for this project in the amount of $13,679.80
to cover any issues that arise: and
WHEREAS, the not -to -exceed construction cost will be $150,477.80 which needs to be
appropriated from the Seward Harbor unassigned fund balance.
27
CITY OF SEWARD, ALASKA
RESOLUTION 2021-115
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Council hereby authorizes the City Manager to enter into a construction
contract with Global Diving & Salvage Inc., in the not -to -exceed amount of $150,477.80 in
substantially the form attached hereto, for the Seward Harbor Cathodic Protection Project.
Section 2. Funding in the amount of $150,477.80 is hereby appropriated from the Harbor
Unassigned Fund Balance account no. 11000-0000-3400 to the Cathodic Protection Project
infrastructure account no. 11440-0000-8101.
Section 3. This resolution shall take effect immediately upon its adoption.
Passed and Approved by the City Council of the City of Seward, Alaska, this 11`I' day of October
2021.
Ayes:
Noes:
Absent:
Abstain:
Attest:
Brenda Ballou,
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
28
9Io1 Vanguard orive -Anchorage, Al 995a7 • 90752_.1707
gW��R&M CONSULTANTS, INC. 2Y2 Front Sheet "'11 •Fairbanks. AK 49701.9G7.4S2.5270
m,
TASK ORDER NO. ii: Harbor Cathodic Protection
This task order is subject to the terms and conditions of the Agreement for On -Call
Engineering Services between R&M Consultants, Inc. (Engineer) and City of Seward
(Owner) dated April 15, 2019 and any amendments thereto. This task order shall not be
binding until it has been properly signed by both parties. Upon execution, this task order
shall supplement the Agreement as it pertains to the task described below.
i. Task Order Name: Harbor Cathodic Protection
2. Description of Services to be Performed by Engineer:
Design a sacrificial anode cathodic protection system for a portion of the small
boat harbor as described in attached proposal letter.
3. Owners Responsibilities for task order completion: provide information needed to
complete work requests. Provide notice to proceed on or before September 1, 2021.
4. Deliverables and Schedule: Bid ready documents by October 1, 2021.
5. Payments to Engineer: Owner shall pay Engineer on a T&M basis in accordance
with the contract rate schedule. Total Not -To -Exceed budget is $16,529 and will
not be expended without prior written approval and task order amendment.
IN WITNESS WHEREOF, the parties have executed this Task Order as of the
Effective Date first above written under the hands of their duly authorized
representatives.
R&M CONSULTANTS, INC.
Len Story, CEO
(Signature)
08/09/2021
(Date)
�Jw
y forAlaska's Tomorrow
City of Seward
Janette Bower, City Manager
A&WOV-
(S!J ture)
(Date)
29
SECTION 00030 - PUBLIC NOTICE - INVITATION TO BID
CITY OF SEWARD, ALASKA
Public Notice — Invitation for Bids
Seward Harbor Cathodic Protection Project
The City of Seward desires to receive bids from contractors to construct the Seward Cathodic Protection
Project in the Small Boat Harbor Seward, Alaska. The City of Seward wishes to enter into an agreement
with a qualified, experienced contractor familiar with commercial diving and installation of sacrificial anodes
to complete the work as outlined in the plans and specifications.
The scope of work generally includes furnishing and installing aluminum alloy sacrificial anodes on piling in
a portion of the existing small boat harbor.
Due to the heavy public use of the Seward Harbor in the summer months, no on site work will be allowed
between May 1 and September 15.
All work under this contract must be completed by April 30, 2022.
An optional pre -bid conference will be held in the Seward City Council Chambers (5th Avenue & Adams
Street), on September 15, 2021 at 10:30 a.m.
The bid documents are available at the office of the Engineer. Electronic copies are available for no charge.
Paper copies can be made available from a local reproduction company at the Contractor's expense. To
receive a copy of the bid documents contact Jessica Koloski at 907 646-9600 or by email at
JKoloski@RMConsult.com
All bids including any amendments or withdrawals must be received and time -stamped at the City of Seward
prior to 3:30 p.m. on September 24, 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 P.O. BOX 167
Seward Harbor Cathodic Protection Project 410 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 3:30 p.m. on September 24, 2021.
The contract shall be let by the Seward City Council to the lowest qualified responsive and responsible
bidder. The selection of the qualified bidder will be at the sole discretion of the City of Seward, and the City
reserves the right to reject any and all bids or not to award a contract if deemed in the best interest of the
City. This solicitation does not commit the City of Seward to pay any costs incurred in the preparation of
the bid or to award any contract.
All questions relating to technical matters, bid procedures or other aspects of the project should be directed
to the following: Jean Cumlat, E.I.T. (Phone: 907 646-9697 or by e-mail:JCumlat@RMConsult.com). All
questions must be received no later than 4:00 p.m. on September 21, 2021.
Seward Harbor Cathodic Protection Project
PUBLIC NOTICE - INVITATION TO BID
Page 00030 -1
30
9101 Vanguard Drive - Anchorage, Alaska 99507 • rmconsult.com
R&M CONSULTANTS, INC. phone:907.522.1707 • fax:907.522.3403 • ema l@rmconsult.com
SEWARD HARBOR CATHODIC PROTECTION PROJECT
TO: All Plan Holders of Record
SUBJECT: Bid Results
Date: 09-27-2021
Bid Closing: 3:30pm September 24, 2021
A Bid Opening was held in Seward on Friday, September 24, 2021 at 3:30 PM. Below are the preliminary
results:
Contractor Estimate
Base Bid
Global Diving & Salvage, Inc.
$136,798.00
Resolve Marine Group (Resolve Alaska Holdings, Inc.)
$352,120.20
Highmark Marine Fabrication, LLC
$393,989.60
American Marine Corp.
$222,433.00
Global Diving & Salvage, Inc. is the apparent low bidder. Thank you for your interest in the project.
Kai
SECTION 00500 - CONTRACT
CITY OF SEWARD, ALASKA
Seward Harbor Cathodic Protection Program
[PROJECT NAME AND NUMBER]
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
Global Diving & Salvage, Inc.
Company Name
5304 Eielson Street, Anchorage, Alaska 99518
Company Address (Street or PO Box, City, State, Zip)
a/an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ❑x Corporation
incorporated under the laws of the State of Washington 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
One Hundred Thirty Six Thousand and Seven Hundred Ninety Eight dollars ($1. 6 79g-oo ) for all base items, additional work,
and change orders.
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:
April 30, 2022 or within N/A 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 One Thousand dollars ($1,000.00 ) 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 $ 136,798.00 Payment Bond, and $ 136,798.00
Seward Harbor Cathodic Protection Project CONTRACT
Page 00500-1
Kea
SECTION 00500 - 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
person designated by the City Manager.
The Contractor is an independent contractor and not an employee or agent of the City.
or any other
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 Generat 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
Global Diving & Salvage, Inc.
Company Name
Signature of Authorized Company Representative
Kendra Bulawa, Alaska Business Manager
Typed Name and Title
10/1/2021
Date
CITY OF SEWARD
Signature of City Manager
Typed Name
Date
City Clerk
(ATTEST)
Seward Harbor Cathodic Protection Project CONTRACT
Page 00500-2
33
Resolution 2021-116
Documents:
• Agenda Statement
• Resolution 2021-116
• Attachments:
o Quarry Scale Electric Installation info.
34
City Council Agenda Statement
Meeting Date: October 11, 2021
To: City Council
Through: Janette Bower, City Manager
From: Doug Schoessler, Public Works Director
Agenda Item: Resolution 2021-116: Authorizing the City Manager to Spend an amount up
to $35,000 for the Installation of Overhead Electric Power to the Scale House
at the City Rock Quarry
Background and justification:
Public Works has been working diligently to have the quarry produce material to add positive
revenue to the City funds. We have a contractor just finishing up a project and we need to make
some improvements to the operations there. Adding electric power will enhance the scale house
abilities for accurate measurement of product being sold and add some lighting and power which
also helps with safety and security.
The estimated cost of will be $35,000.00 and will be funded with recent profits of over $200,000.00
from the quarry sales. The City of Seward Electric Department will do the installation as weather
allows.
Consistency checklist:
Comprehensive Plan: 6.2.6 Resource Development
Strategic Plan: 3.2.2 Resource Development
Fiscal note: Year-to-date 2021 quarry revenues earned by Public Works are $215,112, which will
be used to pay the Electric Department to complete the work. Project costs will be tracked through
an Electric Department work order and booked as Electric work order revenue upon completion of
the project.
Finance Department approval:
Attorney Review✓:
Yes ❑ No ❑ Not applicable X❑
Recommendation:
City Council approve Resolution 2021-116.
W
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-116
A Resolution of the City Council of the City of Seward, Alaska, Authorizing
the City Manager to Spend an amount up to $35,000 for the Installation of
Overhead Electric Power to the Scale House at the City Rock Quarry
WHEREAS, the City of Seward Electric Department has provided an estimate in the
amount of $35,000 to install new electric power to the scale house at the rock quarry; and
WHEREAS, the rock quarry is being developed by the Public Works Department and
recently produced over $200,000 in positive revenue for the City; and
WHEREAS, electric power will enhance the ability to continue producing rock and gravel
products and add site security to operations; and
WHEREAS, the cost to install power is to be funded from recent profits at the quarry.
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 spend an amount not -to -exceed
$35,000 to the City Electric Department to install the overhead electric lines to the scale house.
Funding will come from the 2021 YTD revenues of $215,112.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I Ith day of
October, 2021.
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
0-11
Seward Public Utilities
NEW ELECTRIC SERVICE APPLICATION
Name (please print) 6A-'� (-� S���
Mailing Address R ?) ;'X AQ-7 . "��Wudk AA< IcA�- ILI- 'i
Phone No. Home/Celt Work " �}__X)Li - g61SCh
PNz
Service Lk't LA S'!Ao ^X Subd.
Kenai Peninsula Borough Street Address `kl�-\ L�� f � � C `'i`"w kz"A
1. Type of Service: Check one
a. Single Family Residence _ d. Commercial/Industrial _ le, - �J
b. Mobile Home Park e. Other (specify) 1' u-
c. Multi Family Dwelling_ C ►--j v-b �34,jaa -51-41 G SeF- 1-1-LSswv%.-
2. Closest Neighbor with existing power `4 CXr''� C jj \COi'\\ (
3. Line Preference: Check one
a. Overhead _ c. Single Phase
b. Underground _ d. Three Phase
IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVIDE A LOAD STUDY, TO THE ELECTRIC
DEPARTMENT, SHOWING THE CONNECTED AND ANTICIPATED LOADS. IF THE SERVICE
REQUESTED IS THREE PHASE, THE LOAD STUDY MUST SHOW HOW THE LOAD WILL BE
BALANCED, AS WELL.
Note: The engineering fee covers time spent by the engineer to assess and design the
specific service requested, and is NOT REFUNDABLE. It will be applied to the cost of the
job only if the job goes to completion.
The undersigned owner(s) of Lot Block of
Subdivision, or aliquot part Sect. T R of the S.M., whose boundaries are
surveyed and officially monumented, agrees to grant to the City of Seward, a Municipal
corporation, an easement to construct, operate, repair, and maintain electric distribution
and service on sa�roperty. _
Signature: Date:
37
APPLICATION FOR COMMERCIAL SERVICE
SEWARD PUBLIC UTILITIES
PO Box 167, Seward, AK 99664-0167
Phone: (907) 224-4050 • Fax, (907) 224-4036
Date:0if1\ �� dCity Business License No:
Business Name:.i t i F JcW GY T p1iirim, !r_v1iL FIN:
Business Phone:— Fax:_ COW]) x) _ SOS
Mailing Address: AV- C N tP
Service Address: y A 14`% tUCVL ��=��Z`�(��,'� &`Seward, Alaska 99664
Type of Business: Corporation (must sign corporate guarantee) CiA-) 0� Scwo.'r6.
❑ Partnership
0 Sole Proprietorship
Owner/Partner/Corp
Officer
Title
Social Security #
Driver's License #
Bank Branch:
Have you had an account with us before?
Address:
❑ No ❑ Yes
t If "Yes", under what individual name or business name:__E�._1 L1 e, SaAAP rik
I certify that the above information is true and accurate and that I have received a copy of the policies for the City utility
service, per the applicable tariffs and fees established by the City, I agree to pay for all charges relative to my utility service
and to notify the City of Seward Utilities in person or in writing when I wish to discontinue service.
In the event that this is a corporate account, I represent that I hold the above position with the corporation and possess the
*ut4kprj!bLto execute this application on behalf of the corporation as its authorized agent.
TOW1 r G Ok., q`or
Signature/Title Date
Signature/Title
DEPOSIT REQUIRED
Date
Office Use Only Below
DEPOSIT PAID:$
38
DEPOSIT #
Commercial
NEW SERVICE REQUIREMENTS FOR THE CONSTRUCTION OF YOUR
NEW SERVICE
1. Complete the new service application
2. Pay the engineering fee (see attached chart)
3. The Field Engineer will contact you for an appointment to meet you at
the job site.
4. You must sign a completed right-of-way easement if required or
requested by the City. The form can be obtained from the City
Engineering office. This must be signed in the presence of a notary. If
necessary, you must obtain any other easements or permits required to
construct your service.
The engineer will then make an estimate of the work that needs to be done. At
this point, you are required to:
S. Pay the following fees:
• Estimated cost the job, in full.
• New meter connection fee (see attached chart)
• Security deposit
6. You are to follow the applicable electric service requirements, as outlined
in the attached specifications. Options shown, or variations from the
specifications shown, must be approved by the engineer.
7. The City does not take applications for Cable TV/Telecom; i.e. GCI (224-
8912) or TelAlaska (224-5224)
8. A Utility Locate Request/Digging Permit is required prior to digging within
the City and to Mile 25.
39
Service
Zone I
Zone II Zone
Temporary secondary service
$73.71
103.20
Prim Overhead Extensions (Residence)
73.71103.20
ff88.
Primary Underground Extensions (Residence)
Secondary service
73.71
73.71
88.46 103.20
88.46 103.20
Primary Overhead tension (Subdivision, Mobile
Home Park, Multi -Residence)
147.41
17b.95 206.40
Primary Overhead Extensions (Commercial &
Fndtastrial)
294.83
353.80 383.28
Primary Underground Extensions (Commercial &
Industrial)
294.83
353.$0 383.2$
Modifications of Existing Facilities
147.41
176.95 206.40
Street Lighting Systems and Yard Lights
73.71
88.46 103.20
NOTE: The Zone Fee or Charge is non-refundable unfit the service is connected. If the service is
constructed and connected, the charge will be adjusted to the actual cast of engineering services,
103
Ato]
Service
Zone I
Zone II
Zane
Meter Testing, per test, when results determined meter
is accurate
75.75
106.06
136.33
Reconnection to approved existing teeter installation
30.30
37.88
45.46
Reconnection to approved existing meter installation
outside regular business hours
212.11
257,52
342.98
New connection fee
221.14
221.14
221.14
Mitaimum; Deposit - residential Account
121.54
121.54
121.54
Minimum Deposit - Commercial or Industrial Account
243.09
243.09
243.09
The larger of
The larger of
The larger of
twice the
twice the
twice the
Deposit - Interruptible, Off --Peale Account
estimated
estimated
estimated
monthly bill or
monthly bill or
monthly bill or
S243.09
$243.09
$243.09
Tampering with or unauthorized breaking of meter seal
$737.06
737.06
737.06
Per Annum interest on delinquent account
10.5%
10.5%
10.5%
Door Hanger Fee
35.10
35.10
35.10
Monthly late fee on delinquent account
6.33
6.33
6.33
Dishonored check fee
39.59
39.59
39.59
Seasonal Turn -On Fee and Seasonal Turn -Off Fee
$156.50 Turn-
$156.50 Turn-
$172.17Turn-
(excludes brand now service; includes new account
On
on
On
name or same account name; waived if < 2 months
5 156.50 Turn-
$156.50 Turn-
$172.17Tuen-
between turn-ofFand turn -on)
Off
Off
Off
Reconnection daring regular business hours following
disconnection of delis eat account
$57.32
$71.69
$86.03
Reconnection outside regular business hours following
disconnection of delinquent account
$200.74
243.72
287.79
Transmission Rate
$7•841kW - per
$7.84AW -
$7.841W -
Month
per Month
per Month
102
to
Resolution 2021-117
Documents:
• Agenda Statement
• Resolution 2021-117
• Attachments:
o STR Contract Draft — City of Seward
E,N
City Council Agenda Statement
Meeting Date: October 11, 2021
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2021-117: Authorizing the City Manager to Enter into the
Contract with LTAS Technologies Inc. for Short Term Rental Registration
and Compliance Services through December 31, 2024, for a total of $6,500
Annually, and Appropriating Funds in the amount of $6,500 for 2021
Background and justification:
The City of Seward has a thriving tourism industry, which brings with it a high need for nightly
lodging. The Comprehensive Plan states that the Community of Seward wishes to support private
sector businesses and home businesses. However, the Plan also states that the Community wants to
maintain the small-town feel and family -oriented character throughout the growth process. This is a
difficult balance to maintain, but certainly feasible with the right systems and processes in place.
Harmari STR, operated by LTAS Technologies Inc., can provide the City of Seward with the
necessary tools that will help the City establish an efficient monitoring and enforcing system for
short-term rentals that promotes a better balance between hospitality and community.
Harmari has created a customizable STR registration portal, which would allow the City of Seward to
adapt the registration process online to reflect the requirements outlined in the City Code for Short -
Term rentals. This would remove much of the difficulties for applicants and City employees, making
it easier to submit, review, and permit short-term rental applications.
Harmari STR also excels in code compliance, monitoring, and enforcement, which facilitates revenue
generation, including STR occupancy tax collections, administrative citations, nuisance violations
(complaints), and permit/license fees.
As the City of Seward does not have a Code Compliance Officer, the services provided by Harmari
STR would assist greatly in helping the City maintain the delicate balance between hospitality and
community.
Consistency checklist:
Comprehensive Plan:
• Community Values
0 2.2.1 Small Town Feel and Atmosphere — "people are friendly, and you know your
neighbors"
0 2.2.8 City Government — "Develop practical enforcement procedures for code violations"
o Goals, Objective, and Implementation Action Items
0 3.1.1.4 — "Support private sector business, employment, and programs"
0 3.9.1.1 — "Maintain Seward's small town, family -oriented character throughout the
growth process
43
Strategic Plan: Pg13 ""Maintain Seward's small-town character throughout the growth
process"
Fiscal note: $6,500 will be appropriated for 2021 to expense account code: 01000-1122-7009
(Community Development - Contracted Services). Annual funding, in the amount of $6,500, will be
appropriated through the budget process within the Community Development budget (01000-1122-
7009). The term of the contract is 12 months with an automatic renewal of 12 months unless either
parry provides a written 30-day notice. Therefore, funding will be appropriated annually with each
budget cycle.
Finance Department approval:
Attorney Review:
Yes ❑ No ❑✓ Not applicable ❑
Recommendation
City Council approve Resolution 2021-117.
44
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-117
A Resolution of the City Council of the City of Seward, Alaska, Authorizing
the City Manager to Enter into the Contract with LTAS Technologies Inc.
for Short Term Rental Registration and Compliance Services through
December 31, 2024, for a total of $6,500 Annually, and Appropriating Funds
in the amount of $6,500 for 2021.
WHEREAS, the increase in Short -Term rentals in Seward over the past few years has
brought to the City's attention the need to provide more guidelines and support for permitting
these businesses; and
WHEREAS, the City of Seward does not have a compliance officer and has a need to
maintain consistency within City Code and what is being required of the citizens; and
WHEREAS, the services provided in this contract would dramatically improve the
process for registration and permitting Short -Term rentals, for business owners and City
employees; and
WHEREAS, the relationship between the City of Seward and LTAS Technologies Inc.
will be mutually beneficial, with the City of Seward receiving excellent service from the
Incorporation.
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 contract, attached hereto,
continuing Short -Term rental registration and compliance services through December 31, 2024.
Section 2. $6,500 will be appropriated for 2021 to expense account code: 01000-1122-
7009 (Community Development — Contracted Services). Annual in the amount of $6,500 will be
appropriated through the budget process under the Community Development budget account no.
01000-1122-7009. The term of the contract is 12 months with an automatic renewal of 12 months
unless either party provides a written 30-day notice. Therefore, funding will be appropriated annually
with each budget cycle.
Section 3. This resolution shall take effect on January 1, 2022.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of
October, 2021.
W
LICENSE AND SUBSCRIPTION AGREEMENT
THIS LICENSE AND SUBSCRIPTION AGREEMENT is entered into as of August 18, 2021 (the
"Effective Date") between LTAS Technologies Inc., an Ontario corporation (the "Licensor") and
City of Seward (the "Licensee").
RECITALS:
A. the Licensor is the owner and developer of the Licensed Software (as hereinafter defined).
B. Licensee wishes to have, and the Licensor wishes to grant to Licensee, non-exclusive access to the
Subscription Services (as hereinafter defined) and a non-exclusive license to use the Licensed Software
for the sole purpose of providing the Licensee Services subject to the terms and conditions of this
Agreement.
NOW THEREFORE, the parties agree as follows:
ARTICLE I
DEFINITIONS
1.1 Definitions
Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified
below:
"Additional Software" means the software listed in Schedule "A" to this Agreement under "Additional
Software Required" (as such Schedule may be reasonably amended by the Licensor from time to time), as may
be further described in the Documentation;
"Affiliates" means with respect to any corporation, any other corporation which directly or indirectly controls
or is controlled by or is under direct or indirect common control with such first mentioned corporation, or any
corporation which is directly or indirectly controlled by a corporation which controls the first mentioned
corporation;
"Agreement" means this License and Subscription Agreement, including all schedules and attachments to this
Agreement;
"Subscription Fees" has the meaning ascribed to it in Section 8.1 hereof;
"Authorized Administrators" means those employees of Licensee who are authorized by the Licensee to
supervise and manage the Licensee's access to and use of the Licensed Software and the performance of the
Licensee Services by Designated Employees pursuant to this Agreement;
"Licensee Data" has the meaning ascribed to it in Section 10.2 hereof;
"Confidential Information" has the meaning ascribed to it in Section 10.1 hereof;
"Licensee Services" means identifying and monitoring short term rentals (STRs) advertised online
Ell
"Computer System Requirements" means the software and hardware components and systems listed in
Schedule "A" to this Agreement under "System and Hardware Components" (as may be reasonably amended
by the Licensor from time to time);
"Designated Employees" means those employees of Licensee or its Affiliates who have received appropriate
training and supervision by Licensee to use the Licensed Software to provide the Licensee Services, each of
whom shall have a fully paid -up user license;
"Documentation" means the documentation, guidelines and other materials provided by the Licensor to
Licensee from time to time describing the use and operation of the Licensed Software and the Subscription
Services, as may be amended and updated from time to time by the Licensor;
"Fees" means collectively, the Subscription Fees and the Percentage of Revenue Fees;
"Licensed Software" means the software and related Documentation provided by LTAS Technologies Inc,
"Password" has the meaning ascribed to it in Section 3.2 hereof;
"Percentage of Revenue Fee" has the meaning ascribed to it in Section 8.1 hereof.
"Subscription Services" means all hosted software provided by LTAS Technologies Inc; and
"Term" has the meaning ascribed to it in Section 15.1 hereof.
ARTICLE 2
LICENSE GRANTS
2.1 License Grants. Subject to the terms of this Agreement, including without limitation the payment of
the Fees, the Licensor hereby grants to Licensee a limited, non-exclusive, non -transferable non-sublicenseable,
license under the Licensor's copyrights and patents during the Term to use the Licensed Software internally
and to access the Subscription Services for the sole purpose of performing the Licensee Services. The
foregoing license granted to Licensee is expressly conditioned on Licensee not acting outside the license scope.
No license is granted by the Licensor hereunder for any other purpose.
2.2 Further Restrictions on Use. Licensee shall not, and shall not permit any individual or entity
(including Affiliates, the Designated Employees and Authorized Administrators) to: (i) duplicate, decrypt,
decompile, reverse engineer, reverse assemble, extract, copy, reproduce, adapt, modify, alter or create
derivative works of, or attempt to access or recreate the source code of, any component of the Licensed
Software; (ii) use, or permit any third party to use the Licensed Software for time-sharing, rental, outsourcing
or service bureau purposes; (iii) distribute, rent, lease, assign or otherwise transfer the Licensed Software to
any third party; (iv) allow or authorize access to or use of the Licensed Software by any employee or agent, or
other parry other than the Designated Employees and Authorized Administrator(s). The Licensor reserves all
rights not expressly granted pursuant to this Agreement.
2.3 Licensee Data. Licensee hereby grants the Licensor a right to use, copy, store, modify and display
the Licensee Data as needed to perform the Subscription Services and as otherwise expressly provided in
Section 10.2 hereof.
ARTICLE 3
SUBSCRIPTION SERVICES
47
3.1 Subscription Services. During the term, the Licensor will provide the Subscription Services in
accordance with Schedule "B". Licensee will ensure that an Authorized Administrator approves each LTAS
Technologies Inc. Work Order in accordance with the Documentation prior to the commencement of any
Licensee Services (each, an "Approved Work Order").
3.2 Access Controls. the Licensor will provide Licensee with one administrative user identification and
log -in account password ("Password") to access Licensed Software. Licensee will restrict access to the
Password only to Authorized Administrator(s) and Designated Employees under their direction. Licensee will
take adequate security measures to maintain the confidentiality of the Password. Licensee will comply with
any security procedures required by the Licensor to authenticate the Password as communicated by the
Licensor from time to time, and Licensee will make no attempt to circumvent such measures.
ARTICLE 4
USE OF THE LICENSED SOFTWARE
4.1 Use of the Licensed Software. The license grant to the Licensed Software in Section 2.1 and the use
of the Subscription Services set forth in Section 3.1 are conditioned on Licensee's use of the Licensed Software
in accordance with the terms of this Agreement and the Documentation. The Licensor will deliver to Licensee
the information necessary to configure and obtain the Licensed Software. Licensee shall not permit anyone
other than Designated Employees and Authorized Administrators to use the Licensed Software and access the
Subscription Services except that Licensee may allow its Affiliates to use the Licensed Software and access
the Subscription Services provided that all of the terns of this Agreement shall apply mutatis mutandis to
Affiliates' use of the Licensed Software and that any such Affiliates first acknowledge and agree to be bound
by the terms and conditions of this Agreement, and provided further that Licensee will continue to be the
contracting party under this Agreement and will be responsible and liable for all of the actions of its Affiliates
and their respective Designated Employees and Authorized Administrators and Licensee has purchased the
required number of user licenses as required by this Agreement for itself and its Affiliates.
4.2 Additional Software and Computer System Requirements. Licensee acknowledges and agrees that
the Additional Software and the Computer System Requirements are necessary to use the Licensed Software
as described in the Documentation, and that Licensee must independently, at its own cost, purchase or
appropriately acquire the Additional Software.
4.3 The Licensor's Changes to the Licensed Software. Licensee hereby acknowledges that the Licensor
and its licensors, as the case may be, may update, modify, discontinue or add to the Licensed Software in the
Licensor's sole discretion. The Licensor will provide Licensee with reasonable notice to the extent reasonably
practicable in the event of any material change in the functionality of the Licensed Software. the Licensor
reserves the right to withhold from the application of this Agreement and to refuse to make available to
Licensee any part, portion or version of the Licensed Software that was developed for internal use, not -for
resale, beta versions, or versions that have been customized pursuant to a specific customer specification.
ARTICLE 5
OBLIGATIONS OF LICENSEE
5.1 Obligations of Licensee. Licensee shall:
(a) Ensure that its use of the Licensed Software complies, and that its employees, its Affiliates and their
respective employees, including Designated Employees and Authorized Administrators comply, with the terms
of this Agreement and the Documentation. Licensee will notify the Licensor immediately upon its knowledge
of any non-compliance with the terms of this Agreement or the Documentation and will use its commercially
reasonable best efforts to immediately remedy such non-compliance;
48
(b) Ensure that the Designated Employees who are the software engineers responsible for performing the
Licensee Services, are appropriately trained by the Licensor or a third party authorized by the Licensor as
determined by the Licensor in its sole discretion;
(c) Not provide to any third party any warranty, representation, or guarantees with respect to the
specifications, features, or capabilities of the Licensed Software, including without limitations warranties of
functionality or performance, that are inconsistent with the warranties, information and disclaimers contained
in this Agreement;
(d) Represent the Licensee Services and the Licensed Software accurately and fairly and in accordance
with the Documentation and at all times protect and preserve the goodwill and image of the Licensor and the
Licensed Software;
(e) Conduct business in a manner that avoids deceptive, misleading or unethical business practices that
are or may reasonably be detrimental to the Licensor, its Affiliates or licensors, including any disparagement
of the Licensor, its Affiliates or licensors, or the Licensed Software;
(f) Should Licensee's employees report to Licensor any feedback regarding the performance of the
Licensed Software, including, but not limited to, complaints about the operation of the Licensed Software or
suggestions for its improvement, the Licensor shall own any suggestion, idea, enhancement, request, feedback,
recommendations or other information related to the Licensed Software (collectively, "Feedback"), on
condition that: (i) neither Licensee nor its employees shall be identified by Licensor as the provider of
Feedback; (ii) Licensor acknowledges that Feedback is provided "as -is" and that Licensee and Licensee's
employees disclaims all warranties, express or implied, for Feedback, including the warranty of non -
infringement; (iii) Licensee and Licensee's employees disclaim, and Licensor accepts and holds Licensee and
Licensee's employees harmless from, any and all liability arising from the use of Feedback; and (iv) in
exercising its rights under this license Licensor does not breach its obligations of confidentiality under Article
10; and
(g) Comply with all applicable international, national, governmental, and/or local laws and regulations
relating to its use of the Licensed Software and performance of the Licensee Services, and assure that in
connection with performance of its obligations pursuant to this Agreement or arising or relating therefore, no
Licensed Software or any portion thereof or information relating thereto, is exported, transshipped or re-
exported, directly or indirectly, in violation of Canadian law and ensure that none of the Licensed Software
may be downloaded or otherwise exported or re-exported to: (a) any individual located in any country to which
Canada has embargoed goods ("Restricted Nations"),(b) any business or organization owned, controlled by or
acting on behalf of an individual, business or organization in a Restricted Nation; (c) the governments of a
Restricted Nation; or (d) to any individual, group or organization on the United States Department of
Treasury's Office of Foreign Assets Control's list of Specially Designated Nationals or the United States
Department of Commerce's Bureau of Industry and Security's List of Denied Persons as each may be amended
from time to time.
ARTICLE 6
The Licensor's OBLIGATIONS
6.1 the Licensor's Obligations. the Licensor shall:
(a) Provide the Subscription Services for the Licensed Software in accordance with the service levels set
forth in Schedule "B" attached hereto. Licensee's operational contact shall be Ron Chan, 877-352-3277 ext 2;
49
(b) Upon payment by Licensee of the applicable support and training fees as set forth in Schedule "C"
hereto, provide the support and training services as described in Schedule "C"; and
(c) Use its commercially reasonable efforts to maintain the security of the Licensed Software in a manner
consistent with general industry standards.
ARTICLE 7
WARRANTIES
7.1 Licensee's Warranties. Licensee hereby represents and warrants that: (i) it has the full corporate
right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii) its
execution of this Agreement and performance of its obligations hereunder, do not and will not violate any
agreement to which it is a party or by which it is bound; (iii) when executed and delivered, this Agreement will
constitute the legal, valid and binding obligation of Licensee, enforceable against it in accordance with its
terms; (iv) it will use the Licensed Software in accordance with this Agreement and the Documentation; (v) it
will comply with its obligations set forth in Section 5.1 hereof; (vi) it will not challenge, dispute or contest,
directly or indirectly, the validity, ownership or enforceability of any of the Licensor's right, title and interest
in and to the Licensed Software or Trade -marks, or counsel, procure or assist any other party to do the same.
7.2 the Licensor's Warranties. the Licensor hereby represents and warrants that: (i) it has the full
corporate right, power and authority to enter into this Agreement and to perform its obligations hereunder; (ii)
its execution of this Agreement and performance of its obligations hereunder, do not and will not violate any
agreement to which it is a party or by which it is bound; (iii) when executed and delivered, this Agreement will
constitute the legal, valid and binding obligation of the Licensor, enforceable against it in accordance with its
terms; (iv) for the duration of the contract Term (the "Warranty Period"), the Licensed Software will perform
substantially in accordance with the specifications set forth in the Documentation; (v) has the right to license
the Licensed Software and Documentation and all copyrights and other intellectual property rights existing
therein, and that it has the right to license and has licensed the Software and Documentation to Licensee
hereunder. With respect to Licensed Software that does not perform substantially in accordance with the
specifications set forth in the Documentation during the Warranty Period, the Licensor will rectify the issue(s)
as soon as reasonable practicable after receipt of notification from Licensee. If the Licensor is unable to correct
the issue(s) within one hundred and eighty (180) days of written notification, as Licensee's sole remedy and
the Licensor's entire liability, Licensee will accept a refund of the Subscription Fees paid by Licensee; provided
that the foregoing warranties are expressly contingent (and shall otherwise be void) upon use of the Licensed
Software strictly in accordance with the terms of this Agreement and the Documentation and without misuse,
damage, alteration or modification thereto.
7.3 Warranty Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.2, THE
LICENSED SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND the Licensor AND ITS
LICENSORS MAKE NO WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -
INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, TITLE, USAGE OF TRADE OR
COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, the Licensor EXPRESSLY DISCLIAMS
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE,
OPERATION OR FUNCTIONALITY OF THE LICENSED SOFTWARE WHATSOEVER, ITS FITNESS
FOR USE BY LICENSEE, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR -
FREE OR UNINTERRUPTED OR THAT IT WILL PRODUCE A DESIRED RESULT.
67f
ARTICLE 8
PAYMENTS
8.1 Fees. During the Term of this Agreement, Licensee shall pay to the Licensor the non-refundable (i)
subscription fees ("Subscription Fees") as set forth in Schedule "D" to this Agreement. the Licensor may at
its sole discretion, change its pricing or payment terms, upon providing at least sixty (60) days notice to
Licensee prior to the end of the Term, subject to Licensee's right to terminate prior to the end of Term as set
forth in Section 15.1. In addition, the Licensor may, at any time, add components and/or functionality to the
Licensed Software and in such event, the Licensor will notify and provide Licensee with additional pricing
terms for such new components/functionality, and Licensee will promptly notify the Licensor in writing
whether it wishes to purchase such new component(s)/functionality, and if so, the Licensor will add the
applicable charges for such new functionality to the Fees on a pro -rated basis for the remainder of the Term.
Licensee will pay for any new components/functionality within thirty (30) days following receipt of the
applicable invoice from the Licensor.
8.2 Subscription Fees. Subscription Fees will be charged in accordance with Schedule "D" hereto.
Subscription Fees for the Term shall be paid by Licensee within thirty (30) days following receipt of invoice
from Licensor. Licensee hereby undertakes to immediately notify the Licensor during the Terra at any time
that it wishes to increase the number of user licenses of the Licensed Software pursuant to this Agreement, and
will pay the Licensor the additional user license fees in accordance with the terms set forth in Schedule "D"
hereto from the date of such usage pro -rated to the end of the Term to be paid by Licensee to the Licensor
within thirty (30) days following its receipt of the Licensor's invoice(s). Licensor reserves the right to withhold
access to the software if Licensee's account is greater than sixty (60) days in arrears.
8.3 Suspension of the Subscription Services. If Licensee's account is 30 days or more overdue, or
Licensee's use of the Licensed Software is otherwise not in compliance with this Section, in addition to any of
its other rights or remedies, the Licensor reserves the right to suspend Licensee's access to the Subscription
Services without liability until such amounts are paid in full, and if such amounts are not paid in full within 30
days following notice thereof as determined by the Licensor in its sole discretion, the Licensor shall have the
right to immediately terminate this Agreement.
8.4 Support Services and Training. Licensee will pay the applicable support and/or training fees and
related expenses as set forth in Schedule "C" hereto.
8.5 Professional Services. At Licensee's election, the Licensor may provide system integration and/or
consulting services to Licensee at the Licensor's then current prices for such services as set forth in Schedule
"C", as may be amended from time to time by the Licensor in its sole discretion.
8.6 Additional Payment Terms. Any payment not received from Licensee by the due date may accrue
late charges at the rate of one and a half percent (1.5%) per month or at the maximum rate permitted by law,
whichever is lower, from the date such payment was due until the date paid. The Licensor's fees are exclusive
of all local, state, federal, provincial and foreign taxes, levies or duties of any nature ("Taxes") and Licensee
shall be responsible for payment of all Taxes in connection with its use of the Licensed Software, excluding
only any taxes based on the Licensor's income. If the Licensor has the legal obligation to pay or collect taxes
for which Licensee is responsible pursuant to this Section, the appropriate amount shall be invoiced to and
paid by Licensee unless Licensee provides the Licensor with a valid tax exemption certificate authorized by
the appropriate taxing authority.
ARTICLE 9
62
MONITORING AND AUDIT RIGHTS
9.1 Monitoring. Licensee acknowledges and agrees that throughout the Term the Licensor may monitor
and track Licensee's use of the Licensed Software and performance of the Licensee Services through the
Licensed Software for billing purposes, gather feedback of usage of its features by Authorized Users, and to
ensure Licensee's compliance with the terms of this Agreement and the Documentation.
9.2 Certification and Audit Rights. At the Licensor's request (but no more often that twice per year),
Licensee will submit to the Licensor a signed certification from a Licensee officer verifying that the Licensed
Software is being used pursuant to the terms of this Agreement and the Documentation. The Licensor or its
representatives may enter and inspect Licensee's (and where applicable, its Affiliates') premises during normal
working hours to verify Licensee's compliance with the terms of this Agreement. Any inspection will be
undertaken in the presence of an authorized customer business systems representative of Licensee, and shall
be limited to reasonable inquiries required in order to determine whether an infringement or non-compliance
has occurred. Any Licensee records disclosed during such audit and the results of such audit shall be treated
as Confidential Information pursuant to this Agreement. The Licensor shall provide Licensee with written
notice of its intent to conduct such an audit at least ten (10) business days prior to such audit. If this
examination reveals that Licensee (or its Affiliates) have improperly used the Licensed Software, the Licensor
shall invoice Licensee for such unauthorized use based upon the Licensor's standard fees in effect at the time
the examination is completed.
ARTICLE 10
CONFIDENTIALITY
10.1 Confidentiality. Each party shall: (i) keep the other party's Confidential Information (as hereinafter
defined) in strict confidence and shall not make use of the other party's Confidential Information for any
purpose other than in connection with the Agreement; (ii) restrict disclosure of the other party's Confidential
Information to those employees and representatives who have a need to know the information in order to
perform such party's obligations under this Agreement, provided such persons are bound by the terms of this
Section; (iii) exercise at least the same standard of care in protecting the confidentiality of the other parry's
Confidential Information as it does with its own Confidential Information of similar nature but in no event
less than reasonable care. Licensee acknowledges and agrees that the Licensed Software and the
Documentation is Confidential Information of the Licensor. Without limiting the generality of the foregoing,
disclosure includes providing access, distribution, sale, copying, dissemination, publishing, broadcasting or
reproduction by any means whatsoever. Licensee further acknowledges that any unauthorized use or
disclosure of the Licensed Software or Documentation may cause irreparable damage to the Licensor. If an
unauthorized use or disclosure occurs, Licensee will immediately notify the Licensor and take all steps as
may be available to prevent unauthorized use or dissemination. The Licensor agrees to take the same action
regarding any Confidential Information it received from Licensee. Both parties must inform their employees
and contractors having access to Confidential Information of its confidentiality obligations required to comply
with this Section 10.1. Both parties agree to provide notice to the disclosing party upon its knowledge of or
having reason to suspect a breach of any of the restrictions of this Section 10.1. "Confidential Information"
means (i) information regarding a parry's, or party's Affiliates', financial condition, information systems,
business operations, results, plans and strategies, products or services, pricing, customers and employees, and
marketing and distribution plans, methods and techniques; (ii) with respect to the Licensor, the Licensed
Software, Documentation and the Password, and all customer information, present or future business plans,
licensors, licensing strategies, financial, sales and pricing information; research and development activities,
inventions, products, designs, methods, know-how, techniques, systems, processes, engineering data,
software programs, software code, works of authorship, technical data, devices or drawings of the Licensor;
(iii) any information that is provided by one party which is not generally known by the public; (iv) any
information marked "proprietary" or "confidential" and (v) proprietary or confidential information of any
third party who may disclose such information to either party in the course of such parry's business.
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Confidential Information shall not include information if, and only to the extent that, the recipient establishes
that the information: (i) is or becomes a part of the public domain through no act or omission of the recipient;
(ii) was in the recipient's lawful possession prior to the disclosure and had not been obtained by the recipient
either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the recipient by a third party
without restriction on disclosure; (iv) is independently developed by the recipient without recourse to the
Confidential Information of the other party; (v) is disclosed by the recipient pursuant to a requirement of a
governmental agency or by operation of law, provided that the recipient shall disclose only that part of the
Confidential Information which it is required to disclose and shall notify the owner prior to such disclosure
in a timely fashion in order to permit the owner to attempt to prevent or restrict such disclosure should it so
elect.
10.2 Privacy and Licensee Data. Any data provided by the other party, including with respect to Licensee,
the Licensee Data (as defined below), will be treated as Confidential Information and subject to that parry's
standard privacy policies and the security, privacy and confidentiality provisions contained in this Agreement.
Each party agrees that it will only use such data to perform its obligations under this Agreement and not for
direct marketing or promotions and will not distribute such data to any third party without the prior written
approval of the other party. Notwithstanding the foregoing, Licensee expressly approves of the Licensor's use
of Licensee Data as required for the purpose of providing the Subscription Services, monitoring Licensee's
use of the Licensed Software and performance of the Licensee Services, ensuring proper billing procedures,
creating and developing improvements, enhancements, bug fixes, modifications and additions to the Licensed
Software, aggregating performance related statistics, monitoring internal processes for capacity and utilization
and responding to service or technical problems. For clarity, notwithstanding the foregoing, nothing in this
Agreement shall prohibit or restrict either party from using anonymous and aggregated statistical data to
operate, market and promote its products or services. "Licensee Data" means any electronic data, infonmation
or material submitted or uploaded by Licensee to the Licensed Software, including any Licensee data relating
to their respective Applications.
ARTICLE 12
OWNERSHIP
12.1 Ownership. Licensee acknowledges and agrees that as between the Licensor and Licensee, the
Licensor and/or its licensors, as applicable, shall own all rights, title, and interest in and to the Licensed
Software, Documentation, the Licensor's Trade -marks, the Licensor's Confidential Information, and all
intellectual property rights related thereto. Licensee acknowledges that any unauthorized use of the Licensed
Software or Trade -marks is and shall be deemed an infringement of the Licensor's rights. the Licensor
acknowledges and agrees that as between the Licensor and Licensee, Licensee and/or its licensors, as
applicable, shall own all rights, title and interest in and to the Applications, Licensee's trade -marks and
Licensee's Confidential Information, and all intellectual property rights related thereto.
ARTICLE 13
LIMITATIONS OF LIABILITY
13.1 LIMITATIONS OF LIABILITY. EXCEPT FOR ANY CLAIMS OF BREACH OF
CONFIDENTIALITY, MISAPPROPRIATION OF INTELLECTUAL PROPERATY OR THIRD PARTY
INDEMNIFICATION CLAIMS, IN NO EVENT SHALL EITHER PARTY OR ANY OF SUCH PARTY'S
DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS OR AGENTS BE LIABLE
TO THE OTHER PARTY OR ITS AFFILIATES FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES UNDER ANY FORM OR THEORY OF ACTION WHATSOEVER,
WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OR INACCURACY OF DATA,
OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
53
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF; OR (II) AGGREGATE LIABILITY UNDER THIS
AGREEMENT EXCEEDING THE AGGREGATE AMOUNT OF THE FEES PAID TO THE LICENSOR
DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY SUCH CLAIM.
THE LIMITATIONS OF LIABILITY IN THIS SECTION AND THE WARRANTY DISCLAIMER IN
SECTION 7.3 HEREOF SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE.
ARTICLE 14
INDEMNIFICATION
14.1 Indemnification by Licensee. Licensee will indemnify the Licensor against and hold it harmless
from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising
out of (i) the failure of Licensee to comply with all applicable laws, rules, and/or regulations regarding the
Licensed Software; (ii) the failure of Licensee to comply with the terms and conditions of this Agreement; (iii)
Licensee's misuse of the Licensed Software or the provision of the Licensee Services to Licensee's customers
(iv) any negligent act or omission of Licensee; or (v) any specification, documentation, or other intellectual
property provided by Licensee to the Licensor that gives rise to any claim of infringement. the Licensor may
participate in the defense or settlement of any such claim, suit or proceeding with counsel at its expense.
14.2 Indemnification by the Licensor. Licensor will indemnify the Licensee against and hold it harmless
from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising
out of (i) the failure of Licensor to comply with all applicable laws, rules, and/or regulations; (ii) the failure of
Licensor to comply with the terms and conditions of this Agreement; (iii) any negligent act or omission of
Licensor; or (iv) any action against Licensee brought by a third party to the extent that the action arises from
the infringement by the Licensed Software of any U.S., Canadian, or EU patents or copyrights of a third party.
The Licensor will pay those costs and damages finally awarded against Licensee by a court of competent
jurisdiction in any such action that are specifically attributable to such claim or those costs and damages agreed
to in a settlement of such action. The foregoing obligations are conditioned on Licensee notifying the Licensor
promptly in writing of such action; giving the Licensor sole control of the defense thereof and any related
settlement negotiations; and cooperating, at the Licensor's request and expense, in such defense. Licensee
may participate in the defense or settlement of any such claim, suit or proceeding with counsel at its expense.
If the Licensed Software becomes, or in the Licensor's opinion are likely to become, the subject of an
infringement claim, the Licensor may, at its sole option and expense, either (i) procure for Licensee the right
to continue using the Licensed Software, (ii) replace or modify the Licensed Software so that they become
non -infringing, or (iii) accept return of the Licensed Software, terminate this Agreement, in whole or in part,
as appropriate, upon written notice to Licensee and refund Licensee the prices and/or fees paid for such
Licensed Software upon such termination. Notwithstanding the foregoing, the Licensor will have no obligation
under this Section or otherwise with respect to any infringement claim based upon any use of the Licensed
Software not in accordance with this Agreement, any use of the Licensed Software not in accordance with the
Documentation, or any use of the Licensed Software in combination with products, equipment, software, or
data not supplied by the Licensor if such infringement would have been avoided but for the combination with
other products, equipment, software or data, any use of any release of the Licensed Software other than the
most current release made available to Licensee, or any modification of the Licensed Software by any person
other than the Licensor or its authorized agents or subcontractors. Such indemnification shall not apply to the
extent to which any specification, documentation, or other intellectual property provided by Licensee for use
in the Licensed Software gives rise to any claim of infringement. THIS SECTION STATES THE
LICENSOR'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY CLAIMS OF
INFRINGEMENT.
54
ARTICLE 15
TERM AND TERMINATION
15.1 Term. This Agreement is effective as of the Effective Date and will remain in full force and effect
for a period of 12 months from the Effective Date. (the "Initial Term") and shall automatically extend for
successive 12 month periods (each, a "Renewal Term") (colIectively, the Initial Term and Renewal Terms
shall be referred to herein as the "Term"), unless either party provides the other party with written notification
of its intent not to extend the Agreement at least thirty (30) days prior to expiration of the Original Term or the
applicable Renewal Term as applicable.
15.2 Termination. The parties may terminate this Agreement as provided below:
(a) Licensee and the Licensor may terminate this Agreement by mutual written consent at any time.
(b) Either party may terminate this Agreement by giving notice to the other party at any time if the other
party has breached any representation, warranty, obligation or covenant contained in this Agreement and this
breach has not been cured within a 30 day period from the date of its receipt of notice thereof, provided that
upon any repeated breach by Licensee of any of its representations, warranties, obligations or covenants,
Licensee shall not be entitled to a second cure period and the Licensor's right to immediate termination as set
forth in Section 15.2(c) below shall apply.
(c) the Licensor shall have the right to immediately terminate this Agreement upon any repeated breach by
Licensee of any of its representations, warranties, obligations or covenants contained in this Agreement upon
providing written notice to Licensee thereof.
(d) Either party may terminate this Agreement (i) if the other party declares insolvency or bankruptcy, (ii)
if a petition is filed in any court and not dismissed in ninety (90) days to declare the other party bankrupt or
for the other party's reorganization under bankruptcy, insolvency, reorganization, moratorium, or other laws
relating to or affecting the rights of creditors; or (iii) if the other party consents to the appointment of a trustee
in bankruptcy or a receiver or similar entity.
(e) the Licensor may terminate this Agreement immediately at any time in the event that Licensee breaches
any of its licensing, ownership or confidentiality related obligations prescribed under Articles 2, 3, 4, 5, S, 9,
10, 12 and 14.
15.3 Actions upon Termination or Expiration. In the event of termination or expiration of this
Agreement:
(a) Licensee shall immediately cease and desist from using the Licensed Software and return to the
Licensor any copies of the Licensed Software and Documentation in its possession;
(b) Each party shall immediately return the Confidential Information of the other party, including any
copies thereof,
(c) Licensee shall immediately pay any outstanding Fees to the Licensor and any other amounts payable
to the Licensor hereunder;
(d) Licensee shall maintain all books, records, business reports and other reports relating to the use of the
Licensed Software and provision of the Licensee Services for a period not less than three (3) years and permit
the Licensor, after a reasonable notice, to inspect such records at least once within the three month period after
termination; provided that upon any termination of this Agreement (except mutual termination pursuant to
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Section 15.2(a) or termination by Licensee pursuant to Section 15.2(b) above) or expiration of this Agreement,
Licensee shall not be entitled to receive any reimbursement of any payments made to the Licensor heretofore
pursuant to this Agreement, including, without limitation, any prepaid Fees.
(e) Upon termination by Licensee in accordance with Section 15.2(b) or mutual termination by the parties
pursuant to Section 15.2(a), the Licensor shall provide Licensee with a refund equal to the portion of the pre-
paid Subscription Fees and any prepaid Transaction Fees not yet used for the then current Term prorated to the
end of the then current Term.
15.4 No Prejudice to Other Rights. Any termination pursuant to Section 15.3 shall be without prejudice
to any other rights or remedies which one party (referred to in this Section 15.4 as the "nonbreaching party")
may have in respect of any default by the other parry (referred to in this Section 15.4 as the "breaching party").
Any failure by the nonbreaching parry to exercise its rights hereunder to terminate or otherwise to enforce or
recover damages for any default, breach or non -observance by the breaching party of any covenant, condition,
obligation or term of this Agreement will not affect or impair the nonbreaching parry's right in respect of any
subsequent default, breach or non -observance of the same or a different kind, nor will any delay or omission
of the nonbreaching party to exercise any right arising from any default, breach or non -observance affect or
impair the nonbreaching parry's right as to the same or any future default, breach or non -observance provided
however, that nothing in this Section 15.4 shall be construed or interpreted as to override any provision in this
Agreement limiting the remedies of a nonbreaching party against a breaching party.
15.5 Survival. Notwithstanding any provisions to the contrary herein, the provisions of Sections 2.2.
Section 7.3 and Articles 8, 9, IQ, 11, 12, 13, i4 and 15 shall survive the termination or expiration of the
Agreement.
ARTICLE 16
GENERAL PROVISIONS
16.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their
successors and assigns. Neither party shall have the right to assign or otherwise transfer its rights or delegate
its duties under this Agreement without the express written consent of the other party. Notwithstanding the
forgoing, the Licensor may assign this Agreement in the event of a merger, consolidation or the sale of all or
substantially all of its assets or stock and the Licensor may assign its rights to monies due or becoming due,
without Licensee's consent.
16.2 Governing Law All of the rights and duties of the parties arising from or relating in any way
to the subject matter of this Agreement will be governed, construed, and enforced pursuant to the
laws of the State of New York, without regard to New York's rules concerning the conflict of
laws. Any action brought in relation to this Agreement will be brought in state or federal court Iocated
in Niagara County, New York, and Licensor hereby waives any claim as to forum non conveniens or
lack of personal jurisdiction.
16.3 Announcements. Solely for the purpose of marketing and promoting the relationship under this
Agreement, each party hereby grants to the other party the right to use and display its trade -marks, logos and
trade names for the sole purpose of marketing and promoting the relationship under this Agreement, subject to
compliance by the other party with such party's trade -mark guidelines as provided from time to time. Neither
party shall issue such publicity and general marketing communications concerning their relationship under this
Agreement without the prior written consent of the other party of the form of such usage (not to be
unreasonably withheld or delayed). Neither party shall disclose the terms of this Agreement to any third party
other than its outside counsel, auditors, and financial and technical advisors, except as required by law or
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pursuant to a non -disclosure agreement containing confidentiality obligations at least as restrictive as those
contained in Article 10 hereof.
16.4 Non -solicitation. Each party agrees that during the Term of this Agreement and for a period of one
(1) year thereafter, that it will not, without the prior written approval of the other party hire or enter into a
contract with any employee, agent or representative of the other party to provide services, directly or indirectly,
induce or attempt to induce or otherwise counsel, discuss, advise or encourage any employee, consultant, agent
or representative of either party to leave or otherwise terminate such person's relationship with that party.
16.5 Notices. All claims, instructions, consents, designations, notices, waivers, and other communications
in connection with the Agreement ("Notifications") will be in writing. Such Notifications will be deemed
properly given (a) when received if delivered personally, (b) if delivered by facsimile transmission when the
appropriate telecopy confirmation is received; (c) upon the receipt of the electronic transmission by the server
of the recipient when transmitted by electronic mail, or (d) within three (3) days after deposit with an
internationally recognized express delivery service, in each case when transmitted to a party at the following
address or location:
If to the Licensor:
LTAS Technologies Inc.
Attn: Allen Atamer
505 Consumers Road Unit #314
Toronto, Ontario, CANADA M2J 4V8
Facsimile: 647-795 -9186
If to Licensee:
City of Seward
Community Development
PO Box 167
Seward, AK 99664
907-224-4048
Either party may send any Notification hereunder to the intended recipient at the address set forth above using
any other means (including personal delivery, expedited courier, messenger service, telecopy, telex, ordinary
mail, or electronic mail), but no such notice, request, demand, claim, or other communication will be deemed
to have been duly given unless and until it actually is received by the intended recipient. Either party may
change the address to which notices, requests, demands, claims, and other communications hereunder are to
be delivered by giving the other notice in the manner herein set forth.
16.6 Independent Contractors. The relationship of the Licensor and Licensee established by this
Agreement is that of independent contractors and nothing contained in this Agreement shall be construed to (i)
give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties
as partners, joint venturers, franchisor -franchisee, co -owners or otherwise as participants in a joint or common
undertaking, or(iii) allow Licensee to create or assume any obligation on behalf of the Licensor for any purpose
whatsoever. Notwithstanding anything to the contrary in this Agreement, nothing contained herein shall limit
the Licensor's ability to enter into similar agreements in the future with others or shall restrict the Licensor, its
57
distributors or licensees from marketing, licensing, distributing, maintaining or servicing the Licensed
Software or providing the Licensee Services to any third party.
16.7 Severability. If this Agreement or any provision thereof is, or the transactions contemplated hereby
are, found by a court of competent jurisdiction to be invalid, void, unenforceable for any reason or inconsistent
or contrary to any valid applicable laws or official orders, rules and regulations, in whole or in part, the
inconsistent or contrary provision of this Agreement shall be null and void and such laws, orders, rules and
regulations shall control and, as so modified, this Agreement shall continue in full force and effect and the
remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to
the fullest extent permitted by law; provided, however, that nothing herein contained shall be construed as a
waiver of any right to question or contest any such law, order, rule or regulation in any forum having
jurisdiction.
16.8 No Waiver. No provision of the Agreement will be considered waived unless such waiver is in writing
and signed by the party that benefits from the enforcement of such provision. No waiver of any provision in
the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a
similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the
Agreement will not in any way affect, limit, or waive a party's rights under the Agreement at any time to
enforce strict compliance thereafter with every term and condition of the Agreement.
16.9 Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be
excused to the extent the performance is rendered impossible by strike, fire, flood, governmental acts or orders
or restrictions, failure of suppliers or such other event beyond the reasonable control of either party.
16.10 Further Assurances. The parties will each perform such acts, execute and deliver such documents
and instruments, and do such other things as may be reasonably requested to accomplish the transactions
contemplated by this Agreement and to cant' out the purpose and intent hereof.
16.11 No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and, except as
otherwise provided herein, no other Person will have any right, interest, or claim under this Agreement
16.12 Entire Agreement. This Agreement, together with the Schedules, exhibits, attachments and
appendices hereto, constitutes the entire agreement and understanding between the parties or any of their
Affiliates with respect to its subject matters and supersedes all prior agreements, understandings and
representations, written or oral, to the extent they relate in any way to the subject matter of the Agreement.
16.13 Counterparts of the Agreement. The Agreement may be separately executed by the parties in two
(2) or more counterparts and all such counterparts shall be deemed an original, but all of which together shall
constitute one and the same instrument and will be binding on the parties as if they had originally signed one
copy of the Agreement. Delivery of a copy of this Agreement or such other document bearing an original
signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial -
up connection or whether mediated by the worldwide web), by electronic mail in "portable document format"
(".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, will have the same effect as physical delivery of the paper document bearing the
original signature. "Originally signed" or "original signature" means or refers to a signature that has not been
mechanically or electronically reproduced.
16.14 FCPA Compliance. Except as may be expressly permitted by the Foreign Corrupt Practices Act,
Consultant shall not, either directly or indirectly, in order to assist in obtaining or retaining business for or
with, or directing any business to, any person, make or cause to be made, a payment of money or offer, gift,
promise to give or authorization of the giving of anything of value to any foreign official or to any foreign
political party or official thereof for the purposes of (a) influencing any act or decision of that person in his or
58
its official capacity; (b) inducing that person to do or omit any act in violation of his or its IawfuI duty; (c)
securing any improper advantage; or (d) inducing that person to use his or its influence to affect or influence
any official act or decision by such person.
16.15 Insurance Requirements: Licensor shall at all times during the term of this Agreement maintain
general liability insurance, including for bodily injury (including death), property damage, contractual and
completed operations liability with limits of liability of at least $2,000,000.00 per occurrence, $2,000,000.00
in the aggregate, errors and omissions insurance with limits of liability of at least $1,000,000.00 per occurrence,
professional liability insurance with limits of liability of at least $1,000,000.00 per occurrence, and workers'
compensation and employer's liability insurance as required by applicable laws. Licensor will provide
Licensee with certificates of insurance, and a copy of the additional insured endorsements described herein,
upon Licensee's request.
16.16 Not Exclusive. The parties acknowledge that their relationship under this Agreement is not exclusive
as to either party. Licensor further acknowledges that this Agreement places no minimum volume
commitments or similar obligations upon Licensee.IN WITNESS WHEREOF, the parties have duly executed
this Agreement as of the date first written above.
City of Seward (Licensee) LTAS Technologies Inc
City Manager: NAME:
Janette Bower PRINTED: Allen Atamer
TITLE: CEO
Date:
DATE: 8/31 /2021
ATTEST
City Clerk:
Brenda Ballou
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Schedule "A"
System and Software Requirements
A. System and Hardware Requirements
The following operating systems are supported
• Microsoft Windows 10 or higher tart
• Mac OS X 11.0 or higher
• Linux (Ubuntu, CentOS 7 or higher, Debian, RedHat)
The following machine requirements are supported for all users
• Desktop PCs with 2 Ghz Pentium 4 or Later, 4 GB RAM or
• Smartphones or tablets running iOS 14 or higher, Android 12 or higher, Blackberry 7 or 10 to
end of life
The following web browsers are supported for all users
• Chrome, Firefox, Safari, Opera browsers with auto -update on
• Microsoft Internet Explorer version I I (support provided until December 31, 2021)
• Microsoft Edge browser with auto -update on I*'-
High Speed Internet Access (minimum 5 M13ps)
E-mail access
Firewall allowing harmari.com
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Schedule "B"
Schedule of Deliverables
Delivery
Date
Milestone
Amount Due
Payment Due
Agreement
100% of STR inventory
Initial Term Amount in
Agreement Date
Date + 30
investigated, findings
Schedule "D"
Days
reported
Agreement
Ongoing Monitoring of STR Renewal Term Amount in
Agreement Date + 12
Date + 12
Schedule "D"
months
months I
,
Access to a web portal to be made available to the Account Administrator, where by an archive of short term
rental data is available for download, including
1. Taxcrawler report in Excel format (XLS)
2. Dashboard report in PDF format
3. Screenshots folder with supporting evidence from investigation findings
4. Archives folders itemized by property ID number including
a. Listing text (HTML)
b. Pictures (JPG)
c. Reviews (HTML)
For the duration of the Term the web portal will be accessible 24/7 via secure password -protected login at
harmari.com
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Schedule "C"
SUPPORT AND TRAINING SERVICES
Customer Support
The Licensor Provides two levels of customer support services in support of the Licensed Software during the
Term. This includes support of all Licensor's software.
(a) Premium Customer Support
All the General Support Components listed below
(b) Standard Customer Support
Fee: As set out in Schedule "C (c)"
Fee: Included in
Subscription Fee
All the General Support Components listed below.
Licensor Customer Support will be limited to reporting service and technical issues only that are not addressed
on the Licensor website. Licensor will direct any `how to' or usage questions to the Licensees appointed contact
and/or the online help resources.
General Support Components:
Customer Support: 1-877-352-3277 or support,,harmari.com
Support Hours: Monday — Friday 9:OOAM -• 6:OOPM North American Eastern Time
Initial Incident response within one business day
(c) Professional Services
Fee: $125 per hour + expenses
At Licensee's election, the Licensor may provide the following additional services: system integration,
customization, maintenance on customizations, and consulting services, based on upfront scope of work and
pre -approval. Expenses shall include without limitation, costs of travel and professional services fees
expended in loading and testing applications outside of the Licensor's offices.
(d) Subject Matter Expert services
Fee: $275 per hour + expenses
At Licensee's election, should Licensee's staff be required for court appearances in litigation matters,
including preparation, travel time, pre -court meeting, court appearance and expert testimony and evidence
review and analysis the hourly rate indicated above should apply.
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Schedule "D"
FEES
Subscription Fees
Licensee shall pay to the Licensor the Subscription Fees which amount shall include a site license for use of
the Licensed Software. Subscription Fees shall be non-refundable except as otherwise expressly provided in
the Agreement. Subscription Fees will include standard support and maintenance coverage. All fees are
specified in $USD
Licensee will pay the Subscription Fees on a one-time basis. Licensee shall pay the Licensor for Transaction
Fees within thirty (30) days of receipt of any such invoice. Licensor reserves the right to withhold access to
its software or services should Licensee's account become more than sixty (60) days past due.
Component Description
Year 1
Year 2
Year 3
Optional
Optional
Address Identification and Reporting (Optional)
• (Airbnb, VRBO/HomeAway, FlipKey/Trip
Advisor, Booking, Craigslist + 75 other websites)
$3,500
$3,500
$3,500
• Manual insertion of one-off websites
• 4x per week monitoring, weekly identification
Mort
STR Registration Portal (Optional)
• Customized per City ordinance
• Payment processing including credit card fees
$1,500
$1,500
$1,500
• Automated renewal reminders
• Customer Service assistance 8 AM — 5 PM PT
Compliance Monitoring 1 Enforcement (Optional)
$1,500
$1,500
$1,500
• Up to 2 rounds of letters per non -compliant STR
* Conditional on the City of Seward obtaining a Paypal account to receive funds. If the City chooses to use
LTAS Technologies merchant ID for receiving Paypal payments, an extra charge of $1,000 per year is
incurred to reconcile the accounting records. Paypal charges about a 3% credit card processing fee which is
deducted by Paypal when funds are deposited.
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For Identifiability, Harmari guarantees that it will provide the correct full name and exact address of
the STR operator a minimum percentage of total STR inventory for Year 1 of the contract.
Listing Building Type
Target
Penalty for Missing Target
identification
House, Villa, or other single
95%
1% of contract per 2% below target to a
family dwelling
maximum of 25% of contract Year 1
Apartment, Condo or other unit
75%
of a multi -family dwellin
Tent, Tree -house, RV, or other
NIA
NIA
dwelling not within jurisdiction
* Licensee must provide valid written proof of address via mail marked Return -to -sender, written
statements from customer indicating an incorrect address or Affidavit denying operation of an STR,
or other equivalent documentation.
64
Resolution 2021-118
Documents:
• Agenda Statement
• Resolution 2021-118
• Attachments:
o Resolution 2020-053
o Agenda Statement 07/13/2020
o Legal Services Agreement
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City Council Agenda Statement
Meeting Date: October 11, 2021
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2021-118: Approving Amendment No. 1 to the Contract with
Boyd, Chandler, Falconer & Munson for the Provision of Basic Legal Services
through August 1, 2023, for a Total of $66,000 Annually
Background and justification:
The City of Seward entered a Legal Services Agreement with Boyd, Chandler, Falconer & Munson on
August 1, 2020 via Resolution 2020-053. This resolution states, "A fixed fee for legal services for
Boyd, Chandler, Falconer & Munson will be determined no later than October 15, 2020". The
intention was to subsequently negotiate a fixed monthly cost agreement after the initial legal
services agreement was reach in order to cover recurring items such as Port and Harbor work,
completion of recodification, ordinance drafting, public records request work, all electric utility
issues, and all general council work. Items not covered by the fixed monthly fee would include all
lawsuits, Planning and Zoning enforcement matters, employee grievances, COVID-19 legal work,
derelict vessel matters, and any other miscellaneous items not covered in the flat fee agreement.
Due to changeover in City Administration, those negotiations towards a flat fee billing structure did
not take place. Resolution 2021-118 is intended to fulfill the intention of Resolution 2020-053 with
regard to adoption of a fixed fee billing structure for many aspects of the City of Seward's legal
needs.
Consistency checklist:
Comprehensive Plan: N/A
Fiscal note: Funding in the amount of $66,000 for the fixed contract fee will be included in the
2022 General Services department budget account no. 01000-1180-7006 (General Fund - Legal).
For items not covered in the flat fee agreement, costs will be expensed to the respective
departments citywide. For example, the 2022 budget includes a flat amount per department (7006 —
Legal expense line item) to cover potential unexpected legal expenses throughout the year beyond
the $66,000 as previously noted. The intent is to reduce legal expenses and share fiscal
responsibility among departments equally.
Finance Department approval
Attorney Review:
Yes x❑ No ❑ Not applicable ❑
Recommendation
City Council approve Resolution 2021-118.
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-118
A Resolution of the City Council of the City of Seward, Alaska, Approving
Amendment No. 1 to the Contract with Boyd, Chandler, Falconer & Munson
for the Provision of Basic Legal Services through August 1, 2023, for a Total
of $66,000 Annually
WHEREAS, the City has need of professional legal services in a wide variety of
settings including employment relations, contracting, real property transactions, ordinance
and resolution drafting, environmental and financial matters, as well as more generalized
services to the City; and
WHEREAS, it is in the public interest to engage the services of a law firm with the
required areas of expertise and experience in municipal law issues; and
WHEREAS, at a regular meeting on June 22, 2020, the City Council voted to enter
into contract negotiations and conduct reference checks with the legal firm Boyd, Chandler,
Falconer, & Munson; and
WHEREAS, Resolution 2020-053 approved the legal services contract between the
City of Seward and the law firm of Boyd, Chandler, Falconer, & Munson; and
WHEREAS, Resolution 2020-053 states that it was the intention to establish a fixed fee
for legal services no later than October 15, 2020; and
WHEREAS, no establishment of a fixed fee agreement was pursued after the
establishment of the initial Legal Services Agreement, and
WHEREAS, the fixed annual fee of $66,000 will cover All Port and Harbor work (except
derelict vessels), completion of recodification work, ordinance drafting, all public records requests
work, all electric utility work, all utility work, all general counsel work; and attending one City
Council meeting per month; and
WHEREAS, all other services will be provided at the following hourly rates:
Chandler- $250, Cacciola- $250, Munson- $250, Severin- $210, Paralegal- $100.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby approves Amendment No. 1, attached
hereto, to the contract with Boyd, Chandler, Falconer, & Munson, for continued legal services
through August 1, 2023. The City of Seward shall pay Boyd, Chandler, Falconer, & Munson
a fixed fee of $66,000 annually with payment for additional services at hourly rates as set
67
CITY OF SEWARD, ALASKA
RESOLUTION 2021-118
forth in the amendment.
Section 2. Funds will be appropriated with the 2022 budget cycle in accordance with
the approved contract and amendment(s). Future year appropriations will be done with each
budget cycle in accordance with approved contract(s) and amendments.
Section 3. Compensation for these services shall be distributed at $5,500 per month.
Section 4. This resolution shall take effect on November 1, 2021.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 lth day of
October 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda Ballou, MMC
City Clerk
(City Seal)
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
68
Sponsored by: Meszaros
CITY OF SEW:XRD, ALASKA
RESOLUTION 2020-053
A RESOLUTION OF THE CITY CO[)NC'IL OF THE CITY OF SEWARD,
ALASKA, APPROVING A LEGAL S E 11 V I CES AGREEMENT WITH
BOYD, CHANDLER, FALCONER & NI VS0N
WHEREAS, the City has need of pro fessi(,naI IcgaI sen ices in a wide variety of settings
including employment relations, contracting, real property transactions, ordinance and resolution.
drafting, environmental and financial matters, as \A ell as more gcncralized services to the City,
and
WHEREAS, it is in the public interest to engage the services of a law firm with the
required areas of expertise and experience in municipal law issues; and
WHEREAS, at meeting on December 9, 2019, the City Council directed slit i to issue a
Request For Proposals to proN ido legal services; and
WHEREAS, in January 20-10, the City a(h,crtised for tiuch Request For Proposals, by
posting on the City of Seward website and advcrti i ig ire Ti-Melta. Irrc- alid
WHEREAS, three proposals were recei� ed troni legal firms; and
WHEREAS, at a special meeting on February 24, 2020, the City Council selected two
law firms as applicants to interview; and
WHEREAS, at a regular meeting on Juuc —1, ?020, the ()ty Council voted to enter into
coaltracl negotiations and conduct rd'errnce checks with the legal firm Boyd, Chandler, Falconer
S: Cal uwion: and
WHEREAS, the Legal Sen,lces Agreement for Boyd, Chandler, Falcnncr & Munso�r7
CT
was presented and approved by City Council on June 22, 2020; and
WHEREAS, the Legal Services Agreement for Boyd, Chandler. Falconer & ML111SO11
states the compensation fee for legal services are provided at an hourly rate beginning on August
1. 10211; alld
WHEREAS, a Fixed fee for le,, al serN ice: for 130 ld, Chandler, Falconer & Munson will
he (Iclermiried no later than October I S, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
69
CITY OF SEWARD, ALASKA
RESOLUTION 2020-053
Section 1. The legal services agreement, as substantially presented at this meeting is
hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
13"' day of July, 2020.
AYES:
asenga, Seese, Baclaan, Butts, McCl-
NCIES:
None
ABSENT:
Crites
ABSTAIN:
None
ATTEST:
4enda .l. Ballou,j, MC
City Clerk
70
Agenda Statement
Meeting Date: July 13, 2020
To: City Council
From: Scott Meszaros, City Manage
Agenda Item: A Resolution of the City Council of :he City of
Seward, Alaska, Approving a Legal Services Agreement with Boyd,
Chandler, Falconer, & Munson
BACKGROUND &,ZUSTIFICATION:
The City of Seward hus a need of professional legal services in a wide variety of settings
including employment relations, contracting, real property transactions, ordinance and resolution
drafting, environmental and financial matters, as well as more generalized services to the City.
On June 23, 2020, City Council voted to enter into contract negotiations and conduct
reference checks with the legal firm Boyd, Chandler, Falconer & Munson.
The Legal Services Agreement attached to this resolution was authorized by City Council
on June 22, 2020 when City Council voted to enter into contract negotiations and conduct
reference checks with the legal firm Boyd, Chandler, Falconer & Munson.
Beginning on August 1, 2020, legal services will be provided at the hourly rates listed in
the Legal Services Agreement. A fixed compensation rate will be determined no later than
October 15, 2020.
INTENT: To authorize the City Manager to enter into a legal services agreement between the City
of Seward and Boyd, Chandler, Falconer, & Munson beginning August I, 2020.
CONSISTENCY CHECKLIST:
Yes
No
NA
1
Comprehensive Plan:
2
Strategic Plan:
3
Other:
FISCAL NOTE:
Funding for this contract is included in the 2020/2021 budget at $80,000 annually.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
61A41
RECON ENDATION:
Recommend approval of Resolution 20201-[1-3, authorizing the City Manager to enter in a legal
services agreement between the City of Seward and Boyd, Chandler, Falconer, &. Munson beginning
August 1, 2020.
f 094
LEGAL SERVICES AGREEMENT
This agreement for legal services ("Contract") is made effective August 1, 2020, by and
between the City of Seward. PO Box 167, Seward Alaska 99664 ("City"), and Boyd, Chandler,
Falconer & Munson, LLP, an Alaska limited lability partnership, of 911 W. S`h Avenue, Suite 302,
Anchorage, AK 99501 ("City Attorney" or "BCFM").
In consideration of the mutual promises herein, the parties agree as follows:
1. Scope of Services. The City Attorney is expected to provide the City with general
counsel legal services to include the following:
a. Serve as the legal advisor of and be responsible to the City Council and City
Manager, advise the City Manager and City Clerk concerning matters affecting the City Administration
and perform other legal duties prescribed by the City Council and City Manager.
b. Prepare or review legal documents including but not limited to ordinances,
resolutions, contracts, conveyances, leases, easements, and legal opinions as needed.
Be readily available for consultation by the City Council, City Manager, or City
Clerk.
d. Provide representation in the Courts of jurisdiction and/or manage the activities
of other attorneys who may represent the City in those Courts.
Assist the City Manager in negotiations on the City's behalf.
f. At the request of the City Manager, or by action of the City Council, draft
opinion letters regarding, among other things, the interpretation of the City's Code and policies, state
and federal laws, and case law.
g. Perform other such duties as may be prescribed for the City Attorney by
ordinance or by direction of the City Council and/or City Manager.
h. Work effectively with the City Council, City Manager, City Clerk and with all
other public agencies and other entities with which the City has a legal relationship.
2. Term. The term of the professional services contract shall be three years. A longer term
may be negotiated by the parties after the initial three years. The contract may be terminated at the
convenience of the City at any time with or without cause.
3. Access to Municipal Personnel. The City Manager shall secure the cooperation of the
City personnel as necessary to assist the City Attorney's performance hereunder.
4. Contract Administrator, The City Manager shall administer the contract on behalf of
the City.
5. Resraonsible Attornev. For purposes of the City Charter and other requirements,
Brooks W Chandler will be the designated City attorney. Patrick Munson may act as the designated
city attorney in the absence of Mr. Chandler. Mr. Chandler may assign City matters to other attorneys
or legal assistants with prior approval of the city manager.
LEGAL SERVICES AGREEMENT PAGE 1 OF 5
CITY OF SEWARD I BOYD, CHANDLER, FALCONER & MuNsoN, LLP
2M
6. Compensation. (a) Commencing August 1, 2020 legal services shall be provided
at the hourly rates set forth in subsection 6(b) below. It is the parties' intention to negotiate a fixed
monthly fee for specified services to be effective no later than October 15, 2020.
Houply. The hourly rates for services outside of fixed fee services are:
$245 - Mr. Chandler
$210 - Mr. Cacciola
$245 - Mr. Munson
$195 - Mr. Severin
$95 - paralegal services
C. Rate Adjustment. The attorneys' fee schedule for both hourly and fixed fees is to
remain fixed for the first year of the contract. After the first year of the contract, the fee
schedule may be re -negotiated. The City Attorney will not charge for travel time by
attorneys performing work for the City except when the attorney is performing work for
the City while en route. The City Attorney will not charge for stand by time when
attending a meeting of the City Council in person.
d Costs. The City Attorney shall be entitled to reimbursement for out-of-pocket
expenses incurred in the course of representation. Expenses, including long distance
telephone charges, expedited mail or courier service, filing and recording fees,
computerized research fees and travel expenses will be billed at actual cost. Certain in-
house expenses, such as photocopying and messenger service, are billed at standard
rates.
7. Pay nnent and Renortin
a. The City Attorney shall submit itemized monthly for payment of all fees and
costs for which the City Attorney seeks reimbursement under Paragraph 5. Costs shall be itemized and
described separately on each monthly invoice.
b. Upon approved billing, payment will be remitted to the City Attorney within.
thirty days.
S. Termination of the City Attorney's Services. The City Attorney's services may be
terminated:
for convenience by the City Council;
b. By mutual consent of the parties; or
C. For cause, by either party where the other party fails in any material way to
perform its obligations under this Contract. Termination under this subsection is subject to the condition
that the terminating party notify the other party of its intent to terminate, stating with reasonable
specificity the grounds therefor, and the other party fails to commence to cure the default within fifteen
days after receiving notice and diligently work to cure the default within thirty days after receiving
notice.
LEGAL SERVICEs AGREEMENT PAGE 2 or 5
CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNsoN, LLP
7A
8. Duties Upon Termination. if the City Attorney's services are terminated, the City
Attorney will be paid for services performed up to the date of termination.
9. Case Management. Execution of the contract by the City shall act as full authority for
the City Attorney to proceed with representation of the City as provided herein. The City will have
complete and total access to all material, information, and files worked on by the City Attorney pursuant
to this Contract.
10. Assignments. City Attorney shall not assign this Contract, or any interest in this
Contract without consent of the City.
11. Confidentialitrr. The City Attorney agrees to discuss matters and reveal documents
relating to this Contract only with the City Council, City Manager, City Manager, City Clerk, or any
other person authorized by the aforementioned, and as required by court order, city ordinance or Alaska
law.
12. Notices. Any notice required pertaining to the subject matter of this Contract shall be
either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return
receipt requested, to the following addresses:
City: City of Seward
Attn: Scott Meszaros, City Manager
PO Box 167
Seward, AK 99664
Fax: (907) 224-4038
City Attorney: Boyd, Chandler, Falconer & Munson, LLP
Attn: Brooks W. Chandler
911 W. 8`h Avenue, Suite 302
Anchorage, AK 99501
Fax: (907) 274-3698
13, Conflicts of Interest. The City Attorney may not represent or assist private or public
clients in connection with other claims, litigation, or other legal matters where such representation
would constitute or appear to constitute a conflict of interest. In particular, the City Attorney shall
comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional
Conduct concerning the prohibition of conflicts of interest among clients. The City Attorney shall not
accept any employment and shall not render any professional services to other parties if such action
might be inconsistent with the above -referenced standards unless the prior approval of the City Council
has been first obtained.
14. Relationship of Parties. The City Attorney shall perform its obligations hereunder as an
independent City Attorney of the City. The City may administer the contract and monitor the City
Attorney's compliance with its obligations hereunder.
15. Nondiscrimination. The City Attorney will not discriminate against any employee or
applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital
status or mental or physical disability. The City Attorney will take affirmative action to ensure that
applicants are employed and that employees are treated durinL, employment without regard to their race,
color, religion, or mental or physical disability. Such action shall include, without limitation,
LEGAL SERVICES AGREEMENT PAGE 3 of 5
CITY OF SEWARD I BOYD, CIIANDLER, FALCONER & MuNsoN, LLP
2W
employment, upgrading, demotion, or transfer, recruitment or recruiting advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training including
apprenticeship. The City Attorney agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
16. Permits, Laws, and Taxes. The City Attorney shall acquire and maintain in good
standing all pen -nits. licenses, and other entitlements necessary to its performance under this Contract.
All actions taken by the City Attorney under this Contract shall comply with all applicable laws to
include, without limitation, statutes, ordinances, rules, and regulations.
17. Nonwaiver. The failure of either party at any time to enforce a provision of this
Contract shall in no way constitute a waiver of the provision, nor in any way affect the validity of this
Contract or any part thereof, or the right of such party thereafter to enforce each and every provision
hereof.
18. Amendment. This Contract may be amended, modified, or changed only in writing
executed by the City Manager and an authorized representative of the City Attorney.
19. Governing Law. The laws of the State of Alaska shall govern the rights and obligations
of the parties under this Contract.
20. Severahili:ty. Any provision of this Contract decreed invalid by a court of competent
jurisdiction shall not invalidate the remaining provisions of the Contract.
21. Inteeratiion. This instrument embodies the entire contract of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein. This Contract shall
supersede all previous communications, representations, or contracts, either oral or written, between the
parties hereto.
22. Insurance. Boyd, Chandler, Falconer & Munson, LLP, at its expense shall provide and
maintain professional errors and omissions insurance with a minimum $2,000,000 policy limit.
23. Inspection and Retention of Records. The City Attorney shall at any time during
normal business hours and as often as the City Manager or Council may deem necessary, make available
to the City for examination all records with respect to all matters covered by this Contract for a period
ending three years after the date the City Attorney is to complete performance of this Contract. if City
does not request delivery of the file for this matter before the end of the three year period, BCFM will
have no further obligation to retain the file and may, at our discretion, destroy it without further notice to
City. Upon request, and within a reasonable time, the City Attorney shall submit such other information
and reports relating to its activities under this Contract to the City in such a form and at such times as
the Council may reasonably require. The City Attorney shall permit the Council or their designee to
audit, examine, and make copies of such records, and to make audits of all research, materials,
pleadings, records of personnel, and other data relating to all matters covered by this Contract. The City
may, at its option, permit the City Attorney to submit its records to the City in lieu of the retention
requirements of this section.
24. Fee Disputes. At the sole option of City, all disputes concerning fees charged for
professional services or costs incurred by BCFM are subject to arbitration under Alaska Bar Rule 34
except for:
disputes where the City seeks affirmative relief against the attorney for damages
LEGAL SERVICES AGREEMENT PAGE 4 or 5
CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNsoN, LLP
on
based upon alleged malpractice or professional misconduct; or
b. dispute over fees which were charged more than six years earlier, unless BCFM
or City could maintain a civil action over the disputed amount.
C. disputes where the fee to be paid by City or on City's behalf has been.
determined pursuant to State statute or by a court rule, order or decision.
25. Civil Rule 79, Civil Rile 82. City has been advised that if services performed pursuant
to this Contract involve litigation City may become liable for certain costs, fees and expenses incurred
by other parties if City is not the prevailing party in the litigation. Such costs, fees, and cxpenses may
include, but are not necessarily limited to, those identified in Alaska Civil Rules 79 and 82.
26. Availability of Funds. This Contract is subject to the availability of funds lawfully
appropriated for its performance.
IN WITNESS WHEREOF, the parties have executed this Contract effective August 1, 2020.
CITY OF SEWARD
Scott Meszaros, City Manager
BOYD, CHANDLER, FALCONER & MUNSON, LLP
Brooks W. Chandler
ATTEST:
Brenda Ballow, MMC, City Clerk
LEGAL SERvICEs AGREEMENT RAGE 5 OF 5
CITY OF SEWARD I BOYD, CIL4NDLER, FALCONER & MuNSON, LLP
AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT
That certain agreement for legal services ("Contract") effective August 1, 2020, by and between
the City of Seward, PO Box 167, Seward Alaska 99664 ("City"), and Boyd, Chandler, Falconer &
Munson, LLP, an Alaska limited lability partnership, of 911 W. 8th Avenue, Suite 302, Anchorage, AK
99501 ("City Attorney" or "BCFM") is hereby amended as follows:
In consideration of the mutual promises herein, the parties agree as follows:
1. Change of Firm Name. All references to Boyd, Chandler, Falconer & Munson, LLP
are hereby changed to Chandler, Falconer, Munson & Cacciola, LLP. All references to BCFM are
hereby changed to CFMC.
2. Compensation. Paragraph 6 is hereby amended to read as follows:
a. Commencing November 1, 2021, basic legal services shall be provided at a fixed monthly
fee of $5,500.
b. The fixed fee includes the following services:
1. All Port and Harbor work (except derelict vessels)
2. Completion of recodification work
3. Ordinance drafting and review
4. Advice on public records requests as needed
5. All electric utility work
6. All water, sewer and refuse collection utility work
7. All general counsel work
8. 10 trips to Seward each calendar year
9. Attending one city council meeting per month (either in person or calling in).
c. The fixed monthly fee does NOT include the following services:
1. All lawsuits
2. All planning & zoning permitting, variance and enforcement matters
3. All personnel grievances
4. All COVID-19 legal work
5. Any derelict vessel matters
d. Hourly. The hourly rates for services outside of fixed fee services are:
$250 - Mr. Chandler
AMENDMENT NO. 1 TO LEGAL SERVICEs AGREEMENT PAGE 1 OF 3
CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP
78
$250 - Mr. Cacciola
$250 - Mr. Munson
$210 - Mr. Severin
$100 - paralegal services
e. Rate Adjustment. The attorneys' fee schedule for both hourly and fixed fees is to
remain fixed until November 1, 2022. After November 1, 2022, the fee schedule may be re-
negotiated.
f. Costs. The City Attorney shall be entitled to reimbursement for out-of-pocket expenses
incurred in the course of representation. Expenses, including long distance telephone charges,
expedited mail or courier service, filing and recording fees, computerized research fees and
travel expenses will be billed at actual cost. Certain in-house expenses, such as photocopying
and messenger service, are billed at standard rates.
3. Payment and Reporting. Paragraph 7 is hereby amended to read as follows:
a. The City Attorney shall submit monthly invoices itemized by department for
payment of all fees. Costs shall be itemized and described separately on each monthly invoice.
b. Upon approved billing, payment will be remitted to the City Attorney within
thirty days.
4. Notices. Paragraph 12 is hereby amended to read as follows:
Any notice required pertaining to the subject matter of this Contract shall be either personally
delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt
requested, to the following addresses:
City: City of Seward
Attn: Janette Bower, City Manager
PO Box 167
Seward, AK 99664
Fax: (907) 224-4038
City Attorney: Chandler, Falconer, Munson & Cacciola, LLP
Attn: Brooks W. Chandler
911 W. 8th Avenue, Suite 302
Anchorage, AK 99501
Fax: (907) 274-3698
In all other respects, the Legal Services Agreement is to remain unchanged and in full force
between the undersigned parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 effective November
AMENDMENT NO. 1 TO LEGAL SERVICEs AGREEMENT PAGE 2 OF 3
CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP
79
1, 2021.
CITY OF SEWARD
Janette Bower, City Manager
CHANDLER, FALCONER, MUNSON
& CACCIOLA, LLP
Brooks W. Chandler
ATTEST:
Brenda Ballou, MMC, City Clerk
AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT PAGE 3 OF 3
CITY OF SEWARD / BOYD, CFIANDLER, FALCONER & MUNsoN, LLP
80
Resolution 2021-119
Documents:
• Agenda Statement
• Resolution 2021-119
• Attachments:
o Resolution 2019-024 and Amendment No.1
81
City Council Agenda Statement
Meeting Date: October 11, 2021
To: City Council
From: Janette Bower, City Manager
Agenda Item: Resolution 2021-119: Approving Amendment No. 1 to the Contract with R&M
Consultants Inc. for On -Call Engineering and Grant Writing Services through
December 31, 2024, and Appropriating Funds in the Amount of $25,000
Background and justification:
In 2018, the City of Seward identified a clear need for an on -call engineering contractor. Given the
various projects that the City desired to undertake, the lack of an in-house engineer, pursuing a
qualified firm was a preferred option. An RFP was issued and of the four responsive bidders, R&M
Consultants Inc. scored the highest and was selected. Resolution 2019-024 approved the originating
contract between the City of Seward for the provision of on -call engineering services for a three-
year term which is set to expire on March 11, 2022.
Over the course of the past several years, R&M Consultants has assisted the City in a variety of
projects and proven to be a responsive and capable engineering firm. Notable projects include but
are not limited to the following: upgrading A, B, C, D, & S Floats in the Harbor, widening the 300-ton
travel lift dock at SMIC, repairing and replacing the North Dock bumpers at SMIC, addition of the
Fisherman's float, and the SMIC seawall.
In recent months, the City has identified a need for grant writing services, which R&M can provide in
addition to their current range of contracted services. Based upon this stellar performance, and the
noted need for expanding the scope of services to also include on call Grant Writing services, the
City Manager recommends the contract be amended to add these services as well as extending the
contract to December 31, 2024.
Consistency checklist:
Comprehensive Plan: N/A
Fiscal note: $25,000 will be appropriated to the 2021 budget from General Fund reserves account
no 01000-0000-3400 to cover the remaining engineering costs of 2021. The 2022 budget will
include $75,000 in Engineering line item 7010 split between the main departments utilizing the
services: Community Development ($25,000), Harbor General ($5,000), SMIC General ($10,000),
Electric General ($10,000), Water ($10,000), and Wastewater ($10,000). Additionally, each budget
cycle thereafter will appropriate funds according to the approved contract with R&M for the
corresponding fiscal year.
Finance Department approval:
Attorney Review✓:
Yes ❑ No x❑ Not applicable ❑
Recommendation
City Council approve Resolution 2021-119.
82
Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-119
A Resolution of the City Council of the City of Seward, Alaska, Approving
Amendment No. 1 to the Contract with R&M Consultants Inc. for On -Call
Engineering and Grant Writing Services through December 31, 2024, and
Appropriating Funds in the Amount of $25,000
WHEREAS, Resolution 2019-024 approved the originating contract for on -call
engineering services between the City of Seward and R&M Engineering Consultants Inc.; and
WHEREAS, The City of Seward has identified the need for on -call engineering and
grant writing services; and
WHEREAS, The City of Seward has a number of current and forthcoming projects
which require the use of engineering and grant writing expertise; and
WHEREAS, The current contract between the City of Seward and R&M Consultants
Inc. is set to expire on March 11, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby approves Amendment No. 1, attached
hereto, to the contract with R&M Consultants Inc., for engineering and on -call engineering
services through December 31, 2024. Seward hereby contracts and employs R&M
Consultants Inc. through December 31, 2024.
Section 2. The effective date is the date signed by the City Manager and expiring on
December 31, 2024.
Section 3. Funding in the amount of $25,000 is hereby appropriated within the 2021
budget from General Fund reserves account no. 01000-0000-3400 to Engineering account no.
01000-1180-7010. Future year appropriations will be made with each budget cycle in
accordance with approved contract(s) and related amendments.
Section 4. This resolution shall take effect upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1Ith day of
October, 2021.
83
0
E
Sponsored by: Bridges
CITY OF SEWARD, ALASKA
RESOLUTION 20I9-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
THREE-YEAR CONTRACT WITH R&M CONSULTANTS INC. FOR
ON -CALL ENGINEERING SERVICES
WHEREAS, City of Seward Administration has identified the need for various
engineering services for construction, surveying, utility expansion and land use issues; and
WHEREAS, a Request for Proposals (RFP) was issued by the City on January 14, 2Ot9;
and
WHEREAS, the City received four (4) competitive proposals in congruence with the
RFP specifications; and
WHEREAS, a scoring team consisting of the Interim City Manager, Assistant City
Manager, Public Works Director, City Planner, Deputy Finance Director and the Port Director
for the Alaska Railroad/Port and Commerce Advisory Board Chair scored the proposals based on
the scoring criteria set forth in the RFP; and
WHEREAS, out 100 points possible, R&M Consultants Inc. received 88 points, North
Iron Engineering received 74 points, PND Engineering received 87 points, and Bristol
Engineering Services Company LLC received 82 points, and
WHEREAS, a master contract will serve as the basis to obtain engineering services,
including insurance requirements, statement of qualifications, and Fee structure; and
WHEREAS, the City Manager or City Council, depending on the total cost of scope of
work, will approve each project proposal; and
WHEREAS, Resolution 2019-021 authorized a budget amendment and appropriation for
$25,000 for engineering services in anticipation of this contract and utilization of various
services; and
WHEREAS, this three-year contract is effective upon City Manager signature and
expires three -years thereafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
84
CITY OF SEWARD, ALASK.A
RESOLUTION 2019-024
Section 1. The City Manager is authorized to enter into an agreement with R&M
Consultants Inc. based upon the terms and conditions specified in the request for proposal, and
after review and concurrence of the City Attorney.
Section 2. The effective date is the date signed by the City Manager and expiring three -
years thereafter.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
I I' day of March, 2019.
THE CITY OF SEWARD, ALASKA
ua,IQ�'
David Squires, Maya
AYES: Osenga, McClure, Towsley, Lane, Seese, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
f
renda J. Ballou, MMC
City Clerk
{City Sea] %%'"�11023.
SE
s
• SEAL
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85
BACKGROUND & JUSTIFICATION:
The City of Seward Administration has identified the need for on -call engineering services for the
City of Seward. With a number of construction projects, survey needs, utility expansion projects,
and land use issues, this contract will aid in moving these crucial City priorities along more
efficiently, while ensuring that the services provided are of a competitive and economic value.
The City issued a Request for Proposal (RFP) on January 14, 2019 and received four competitive
proposals in congruence with the RFF specifications. The Interim City Manager Assigned the
Public Works Director, City Planner, Assistant City Manager, Deputy Finance Director and fort
Director for the Alaska Railroad to score the proposals and the cumulative scores out of 100 are
as follows:
R&M Consultants
88
North Iron
74
PND
87
Bristol
82
A master contract will serve as the basis to obtain engineering services including insurance
requirements, statement of qualifications and fee structure. By retaining this on -call status,
departments will have the ability to utilize their services subject to the submittal and approval of a
scope of service.
The City Manager or Council (depending on the total cost of scope of work) will approve each
project proposal. For each project/task, a scope of the project will be determined and a proposal
will be provided by the firm based upon the necessary level of expertise and hours required for the
project.
Resolution 2019-021 authorized a budget amendment and appropriation of $25,000 for
engineering services based on the expectation that various departments have an immediate need to
utilize such services.
This is a three-year contract effective upon City Manager signature and expiring three years
thereafter.
INTENT: To authorize the City Manager to enter into a contract with R&M Consultants effective
upon City Manager signature and expiring three years thereafter.
CONSISTENCY CHECKLIST: 'Yes I No I NIA
39
86
Comprehensive Plan (document source here):
1.3.1 —Economic Development
1.3.2 -- Land use
1.3.4 — Public Facilities and Service
1.3.4.1 —Utilities
1.3.4.5 — Public Safety
1.3.4.5 — Governmental Services
2.2.10 —Land Development
2.2.11 —Economic Base
3.1.1.7 — Encourage and Assist in the Development of New Public
X
1
Services and Facilities
3.2.2.2 — Improve the Capability of the Office of Community
Development
3.3.1 — Encourage Development of New Housing in Seward
3.3.2.3 — Assess Solutions to Extend Cost -Effective Utilities
3.7.1.4 — Continue to Upgrade and Expand Utilities to Meet Existing
Needs and Encourage Future Development
3.8.1 — Promote Community Safety From Natural Disasters Through
Mitigation Measures
3.8.1.4 — Mitigate Flood Hazards
Strategic Plan (document source here):
Page 3 — Growth Management and Land Use Planning
Page 9 — Promote Residential and Commercial Development Inside
2.
the City
X
Page 11 -- Mitigate Flood Hazards
Page 18 — Expand Availability of Affordable, Diverse, Year -Round
Housing{{
+_X
3.
Other (list):
I
FISCAL NOTE: Resolution 2019- 021 appropriated $25,000 for engineering services in
anticipation of this contract. Funds will be allocated amongst departments upon the use of
engineering services.
Approved by Finance: J/6&2 �
ATTORNEY REVIEW: Yes �XNo.
RECOMMENDATION: Approve Resolution 2019-024 authorizing the City Manager to enter
into a contract with R&M Consultants based upon the terms and conditions specified in the
request for proposal, and after review and concurrence of the City Attorney. The effective date is
the date signed by the City Manager and expiring three years thereafter.
40
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88
TERM CONTRACT FOR ENGINEERING SERVICES
This Agreement is entered into this 12th day of April 2019, by and between R&M
Consultants, Inc. (herein referred to as "Engineer") and the City of Seward ("City"). The
Engineer and City agree to the following:
WHEREAS The City is in need of a full -service consulting Engineering firm with personnel
possessing the skills and ability required to render on -call professional services to the City of
Seward for comprehensive engineering, surveying, environmental permitting, planning, bidding,
inspection, testing and construction support of City projects, R&M Consultants, Inc. has been
selected through an RFP process as most qualified.
NOW THEREFORE the parties hereto do mutually agree as follows:
1. Employment of Engineer.
Work shall be assigned by a task order. The format of the "Task Order" is shown in
Appendix A. No work shall proceed without a fully executed "Task Order".
2. Term of Agreement.
The term of this Agreement shall be three years from the date of execution and
approval of the contract
3. Standard of Performance.
The Engineer agrees to provide all required professional services necessary to complete
projects under this contract. The Engineer accepts the relationship of trust and confidence
established between it and the City by this agreement. The Engineer covenants with the City to
furnish its best skill and judgment, and to further the interests of the City at all times through
efficient business administration and management. The Engineer shall provide all services in a
competent manner. It is understood that some of the services to be rendered hereunder require
professional judgment and skill. In all cases, Engineer agrees to adhere to the standards of the
applicable profession.
4. Fee
The City shall pay Engineer in accordance with the fee schedule attached hereto as
Appendix B. These rates will apply to work assigned by task order in the first year of the
agreement. Adjustments to these rates may be made in subsequent years with written consent of
the City (based on reasonable and documented evidence of cost increases).
89
5. Payments.
The City agrees to make payments to Engineer as services are performed and costs are
incurred, provided Engineer submits a proper invoice for each payment, in such form and
accompanied by such evidence in support thereof as may be reasonably required by the City.
Billing and expense invoices shall be submitted monthly following the end of each
month. Invoices shall be accompanied by a monthly activity report detailing work and
accomplishments. All invoices are otherwise due and payable within 30 calendar days of
approval by the City.
6. Independent Contractor Status
In performing under this Agreement, Engineer acts as an independent contractor and
shall have responsibility for and control over the details and means for performing the services
required hereunder.
7. Indemnification.
To the maximum extent permitted by law, Engineer shall defend, indemnify and save
harmless City or any agent, employee, or other representative thereof, from and against losses,
damages, liabilities, expenses, claims, and demands of whatever nature, including for death,
personal injury, property damage or economic loss, to the extent arising out of any negligent act
or negligent omission or willful misconduct of Engineer, its agents or employees while
performing under the terms of this Agreement.
Where claims, lawsuits or liability arise from wrongful or negligent acts by City and
Engineer together or separately, Engineer will not be responsible for the proportion of claims and
costs that are attributed to the City's or the City's Construction Contractor's negligence or willful
misconduct.
S. Assignment.
Engineer shall not assign this Agreement or any of the monies due or to become due
hereunder without the prior written consent of City.
9. Subcontracting
Engineer may not subcontract its performance under this Agreement without prior
written consent of City. Any subcontractor of the Engineer must agree to be bound by the terms
of this Agreement applicable to the services to be performed by the subcontractor.
10. Designation of Representatives.
The parties agree, for the purposes of this Agreement, that the City shall be represented
by and may act only through the City Manager or such other person as he may designate in
2
90
writing. Engineer shall be represented by and may act only through Kimberly Nielsen, P.E. or
such other person approved by both parties in writing.
11. Termination
Either party may terminate this Agreement, with or without cause, after first giving
thirty (30) days written notice.
12. Insurance.
The Engineer shall, at all times, at its own expense, keep in force the following described
insurance for protection against the claims of employees or other persons, insuring both the
Engineer and the City against liability that may accrue against them or either of them in
connection with the performance of Engineer under this Agreement:
(a) Insurance in at least the required statutory amounts covering claims under
workers' compensation, disability benefits and other similar employee
benefit acts;
(b) Commercial general liability insurance covering bodily injury and property
damage with a combined single limit of not less than $2,000,000;
(c) Automobile liability with a combined single limit of $1,000,000;
(d) Professional Liability (E&O) with a per claim limit of $2,000,000 and
aggregate limit of $4,000,000; and
(e) On task orders where the cost of the work exceeds $100,000 or is hazardous
in nature, there shall also be a $4,000,000 umbrella liability coverage.
13. Insurance Certificate.
All insurance shall be placed with an insurance carrier or carriers satisfactory to the
City, shall have deductibles satisfactory to the City, shall not be subject to cancellation or any
material change except after thirty (30) days written notice to the City, and shall provide that no
failure of Engineer to comply with any condition or provision of this Agreement or other conduct
of Engineer or those for whose conduct it is responsible, shall void or otherwise affect the
protection under the policy afforded to the City. A Certificate of Insurance reflecting full
compliance with these requirements shall, at all times during the term of this Agreement, be kept
on deposit at the general offices of the City. If Engineer fails to comply with these insurance
requirements, the City may terminate this Agreement on ten (10) days written notice.
All insurance policies or other contract security required in this Agreement except for
professional errors and omissions coverage shall allow claims to be filed based upon the time of
an occurrence, and shall not provide for a shorter period in which to make claims than that
provided the applicable statute of limitations. The coverage required by this Agreement shall
cover all claims arising in connection with the performance of the Engineer under this
Agreement, whether or not such claim is asserted during the term of this Agreement and even
though judicial proceedings may not be commenced until after the expiration of this Agreement.
3
91
All insurance policies shall be written as primary policies; shall waive subrogation
against City, its agents and employees; shall not be contributing with, or in excess of, any
insurance coverage that the City may otherwise carry, and shall name the City as an additional
insured. All insurance provided under this Agreement must remain fully available to satisfy
claims arising out of this agreement, notwithstanding any claims that may be filed against that
policy
14. Claims Recovery.
Claims by the City resulting from Engineer's failure to comply with the terms of and
specifications of this Agreement and/or default hereunder may be recovered by City by
withholding the amount of such claims from compensation otherwise due Engineer for work
performed or to be performed. City shall notify Engineer of any such failure, default or damage
therefrom as soon as practicable after discovery of such event by written notice. Nothing
provided herein shall be deemed as constituting an exclusive remedy on behalf of City, nor a
waiver of any other rights hereunder at law or in equity.
15. Compliance with Applicable Laws.
Engineer shall, in the performance of this Agreement, comply with all applicable
federal, state and local laws, ordinances, orders, rules and regulations applicable to its
performance hereunder, including, without limitation, all such legal provisions pertaining to
social security, income tax withholding, medical aid, industrial insurance, worker's
compensation, and other employee benefit laws. Engineer also agrees to comply with all contract
provisions pertaining to grant or other funding assistance which City may choose to utilize to
perform work under this Agreement. Services performed under this Agreement shall be in
accordance with sound, generally accepted engineering and design practices and shall comply
with all applicable codes and standards.
16. Records and Audit.
Engineer agrees to maintain sufficient and accurate records and books of account,
including detailed time records, showing all direct labor hours expended and closure of all
pending matters related to this Agreement. Books shall be subject to inspection and audit by
City.
17. Notices.
Any official notice that either party hereto desires to give the other shall be delivered
through the United States mail by certified mail, return receipt requested, with postage thereon
full prepaid and addressed as follows:
To City: To Engineer:
Brennan Hickock Kimberly Nielsen, P.E.
Assistant City Manager Group Manager —Waterfront Engineering
4
92
City of Seward
410 Adams St.
Seward, AK 99664
18. Venue and Applicable Law.
R&M Consultants, Inc.
9101 Vanguard Drive
Anchorage, AK 99507
The laws of Alaska will determine the interpretation, performance and enforcement of
this agreement. The venue of any legal action between the parties arising as a result of this
Agreement shall exclusively be laid in the Third Judicial District of the Superior Court of the
State of Alaska, at Anchorage, Alaska, and this Agreement shall be interpreted in accordance
with the laws of the state of Alaska.
19. Attorney's Fees
In the event either party institutes any suit or action to enforce its rights hereunder, the
prevailing party shall be entitled to recover from the other party its reasonable attorney's fees
and costs in such suit or action and on any appeal therefrom.
20. Ownership of Work Products
The originals of all materials prepared or developed by the Engineer, its agents or representatives
hereunder; including documents, drawings, calculations, maps, sketches, notes, reports, data, and
models shall become property of the City and copies made available upon request. Materials
previously created and copyrighted by the Engineer and included in a project will remain
property of the Engineer. Electronic files of work products shall become the property of both the
City and Engineer, for use by either party without consent of the other party.
Should City elect to reuse the Engineer's work products for other than the original project and, or
purpose, City will indemnify Engineer against any responsibilities or liabilities arising from
reuse. Prior to reuse, the Engineer's professional seals and signatures shall be removed from
drawings, plans, specifications, estimates, and other construction documents, and replaced with
the seal and signature of the professional engineer, architect, surveyor, landscape architect who
has assumed the responsibility for reuse. The Engineer shall not be responsible or be required to
provide any documentation, suitability reviews, or verifications for the reuse of work products,
but may do so upon written agreement.
21. Equal Employment Opportunity
The Engineer shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, or because of age, physical handicap, sex,
marital status, change in marital status, pregnancy, or parenthood when the reasonable demands
of the position do not require distinction on the basis of age, physical handicap, sex, marital
status, change in marital status, pregnancy, or parenthood. The Engineer shall take affirmative
action required by law to ensure that applicants are employed and that employees are treated
93
during employment without regard to their race, color, religion, national origin, ancestry, age, or
marital status.
22. Waiver.
No failure on the party of either City or Engineer to enforce any covenant or provision
herein contained, nor any right hereunder unless in writing and signed by the parties sought to be
bound, shall discharge or invalidate such covenants or provisions or affect the right of the City or
Engineer to enforce the same or any other provision in the event of any subsequent breach or
default.
23. Binding Effect.
The terms, conditions and covenants contained in this Agreement shall apply to, inure
to the benefit of and bind the parties and their respective successors.
24. No Assignment or Delegation.
The Engineer may not assign, subcontract or delegate this agreement, or any part of it, or
any right to any of the money to be paid under it without written consent of the City.
25. Independent Contractor
The Engineer shall be an independent contractor in the performance of the work under this
agreement, and shall not be an employee or agent of the City.
26. Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof, and all prior negotiations and understandings are superseded and replaced
by this Agreement and shall be of no further force and effect. No modification of this
Agreement shall be of any force or effect unless reduced to writing, signed by both parties and
expressly made a part of the Agreement.
6
94
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement on the respective date indicated below.
Dated: /
Dated:
s
Dated: (�
CITY OF SEWARD
a�
BY .........._..�.:
Norm R,i"s
Interim City Manager
ENGINEER
ATTEST
Group Manager,
let
renda Ballou
City Clerk
�y t^
�9 Ppm
s
M.
.,7
aterfront Engineering
OR
Amendment No. 1
Amendment No. 1 to the agreement between the City of Seward and R&M Consultants Inc.,
dated March 11, 2019 follows:
WHEREAS, the City of Seward and R&M Consultants Inc., entered into an agreement for on -
call engineering services on March 11, 2019; and
WHEREAS, the current contract expires March 11, 2022; and
WHEREAS, the Seward City Council and City Administration have identified a need for
expanding the scope of services to be provided in the contract to include grant -writing and
additional on -call engineering services; and
WHEREAS, R&M consultants has been responsive to the needs of the City of Seward through
participation in multiple projects; and
NOW, THEREFORE, in consideration of the mutual exchange of the promises of the parties
the agree to amend the agreement as follows:
1. Duties and Term: Section 2-Term of Agreement. Shall be amended to read, "upon
execution lasting until December 31, 2024.
2. The first "WHEREAS" shall be amended to include grant writing services.
Except as provided herein, all other terms and conditions of the agreement and any
amendments remain in full effect. In witness thereof, the parties have set their hands and seals
below:
41-
R&M Consultants Inc.
Date
City of Seward
Date
97
City of Seward, Alaska City Council Special Meeting Minutes
September 13, 2021 Volume 41, Page
CALL TO ORDER
The September 13, 2021 special meeting of the Seward City Council was called to order at
5:00 p.m. by Mayor Christy Terry.
OPENING CEREMONY
Assistant City Manager Stephen 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
Brooks Chandler, City Attorney
Excused — None
Absent — None
Sue McClure
John Osenga (arrived 5: 06 p.m.)
Ristine Casagranda (arrived 5:10 p.m.)
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Skip Reierson wished to speak about the city's infrastructure report; he did not support the
resolutions on the regular meeting tonight and would prefer a more phased -in approach. He didn't
understand how the city was planning to pay for the infrastructure, or the need for 115 W. He did,
however, support selling the city's electric as an entire package.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Baclaan/McClure)
There were no consent agenda items.
Approval of Agenda and Consent Agenda
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Electric Utility Infrastructure Project Presentation by Electric Utility Director Rob
Montgomery.
OY3
City of Seward, Alaska City Council Special Meeting Minutes
September 13, 2021 Volume 41, Page
CITIZEN COMMENTS
Skip Reierson was concerned that, for the last 40 years, the infrastructure hadn't been kept
up, and now there was major sticker shock. He wondered what kind of grant funding might be
available, and thought this had been discussed in years past. He would appreciate a more phased -in
approach, and just didn't understand how the ball got dropped in the past.
Ben Smith thanked the Electric Department for their work. He understood that the lead time
on ordering the transformers was very long. He supported planning for future development and
thought it was worth upgrading. Smith said electric vehicles were something to plan for because the
demand for charging stations would only increase.
Chris Davis from Electric Power Systems said there were several things to consider. There
was great urgency for repairing Nash Road; it had been talked about as a concern since 1984.
Regarding the transformers, it was more cost-effective to replace them all at once; replacing them
one by one would increase the cost.
Lynda Paquette recalled her first visit to the Electric Department when she was first getting
power to her property on Lowell Point, and what a horrible experience it had been at the time. Things
had come a long way since then, and she was really impressed with the work of the current staff. She
wondered what the city had been doing to save money to address infrastructure needs. She observed
that nobody walked around with electronic devices 20 years ago, and now it was commonplace for
one person to have more than one device at any given time. She fully supported these proposed
improvements.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Seese wondered if there would be a charge to consumers who wished to use the electric
vehicle charging stations. In response, Montgomery said there would be a charge.
Baclaan appreciated Skip Reierson's suggestion to seek grant funding; he wished the city
would consider having grant writer services budgeted in and grant writers on stand-by to free up
department heads from searching for grants. Baclaan was also supportive of having a substation in
the harbor because there would be an expected return on that investment.
EXECUTIVE SESSION
Go into executive session to discuss Electric Utility Infrastructure, per SCC 2.10.030(b)(1)
matters, the immediate knowledge of which would clearly have an adverse effect upon the
finances of the city.
Motion (Terry/Casagranda) Go into executive session to discuss Electric
99
City of Seward, Alaska City Council Special Meeting Minutes
September 13, 2021 Volume 41, Page
Utility Infrastructure, per SCC
2.10.030(b)(1) matters, the immediate
knowledge of which would clearly have an
adverse effect upon the finances of the city.
Motion Passed
Unanimous
The city manager, city attorney, electric utility director, and assistant city manager were invited to
remain.
Council went into executive session at 6:00 p.m.
Council came out of executive session at 6:29 p.m.
ADJOURNMENT
The meeting was adjourned at 6:29 p.m.
Brenda Ballou, MMC
City Clerk
(City Seal)
Christy Terry
Mayor
100
FINAL CERTIFICATE OF RESULTS FOR THE
CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 5, 2021
The City Canvass Board has canvassed the absentee, special needs, and questioned ballots of the
Regular Municipal Election held October 5, 2021. The canvass took place on Thursday, October 7,
2021. Their totals are:
ABSENTEE AND QUESTIONED BALLOTS VOTED
Absentee In Person ballots voted 72
Absentee By Mail ballots voted 34
Questioned ballots voted 1
Special Needs ballots voted 6
TOTAL VOTED 113
REJECTED
Absentee In Person 1
*not registered in Seward
Absentee By Mail I
*no witness signature
Questioned 1
*not registered in Seward
Special Needs 2
*no representative (witness) signature
*no voter identifier
TOTAL REJECTED 5
COUNTED
Absentee In Person ballots voted
71
Absentee By Mail ballots voted
33
Questioned ballots voted
0
Special Needs ballots voted
4
TOTAL COUNTED
108
October 5, 2021 City of Seward Regular Election
Final Certificate of Results
101 Page 1 of 3
FINAL CERTIFICATE OF RESULTS FOR THE
CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 5, 2021
TWO City Council Seats Available (Three -Year Terms)
Election Day Votes
Canvass Votes
Total Votes
RADNER, Leighton
24
5
29
CALHOON, Michael
164
76
240
WELLS, Randy
136
42
178
OSENGA, John
205
71
276
Write In
6
2
8
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 opportunity for
periodic rate reviews with all other consumer rates to be set by resolution of the City Council.
Election Day Votes
Canvass Votes
Total Votes
YES
192
76
268
NO
69
19
88
October 5, 2021 City of Seward Regular Election
Final Certificate of Results
102 Page 2 of 3
FINAL CERTIFICATE OF RESULTS FOR THE
CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 5, 2021
SUMMARY
A total of
1,801
people were registered to vote in this precinct for this election
A total of
307
people voted on election day
There were
112
absentee in -person (72), by --mail (34), and special needs ballots (6)
There were
1
questioned ballots
Totaling
420
ballots voted
Minus
5
rejected ballots
Therefore,
415
ballots counted for this election
Equaling 23% voter turnout
Upon completion of the canvass, it is our opinion that the results compiled above accurately reflect
the final totals for the Regular City Election held October 5, 2021 in the City of Seward, Alaska.
Dated this 7�' day of October, 2021.
October 5, 2021 City of Seward Regular Election
Final Certificate of Results
103 Page 3 of 3
AGENDA STATEMENT
Meeting Date: October 11, 2021
From: Brenda Ballou, City Clerk
Agenda Item: Marijuana License Renewal
BACKGROUND & JUSTIFICATION:
The City Council has an opportunity to object to the renewal for the following marijuana license:
Name of Business: The Tufted Puffin, LLC
Licensee: The Tufted Puffin, LLC
Type of License: Retail Marijuana Store
License Number: 17758
Location: 216 Fourth Avenue, Unit 2
The City of Seward Police Department, Fire Department, Utilities Department, and Leases
Department have no objections to the renewal for this business.
FISCAL NOTE:
In the event the City of Seward chooses to file a protest for the renewal, 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 renewal of marijuana license 917758 for The Tufted Puffin, LLC.
104
Date:
MEMORANDUM
September 14, 2021
To: Naneth Ambrosiani
Sarka Calocei
Lieutenant Alan Nickell
Chief Clinton Crites
From:
RE:
Brenda Ballou, City Clerk
Finance/Leases
Finance/Public Utilities
Police Department
Fire Department
Verifying Compliance for the RENEWAL of Retail Marijuana License 417758
The following business has applied for a renewal of a retail marijuana license. Please review for
compliance with all utilities, lease payments and assessments. Thank you.
Name of Business: The Tufted Puffin, LLC
Licensee: The Tufted Puffin, LLC
Type of License: Retail Marijuana Store
License Number: 17758
Location: 216 Fourth Avenue, Unit 2 Seward, AK 99664
Department
Status
Initials
Finance/Leases
�G 91p I I ci UG,
Finance/Utilities
0 (,An
\J s ,
Police Chief
Fire Chief
aa.., � �-,•,
Deadline for Protest: November 6, 2021 (60 days)
Council Packet Deadline: October 25, 2021— return to city clerk nit October 19, 2021
`[IR
THE S'tNIT
"ALASKA
September 7, 2021
City of Seward
Attn: Brenda Ballou
VIA Email: bballou(@citvofseward.net
clerk@citvofseward.net
CC: jblankenship@kpb.us
micheleturner@kpb.us
tshassetz(Tkpb.us
sness2 kpb.us
mienkins@kpb.us
btaylor@kpb.us
ma Id ridge@kpb.us
slopez@kpb.us
ncarver@kpb.us
MBerg@kpb.us
Department of Commerce, Community,
and Economic Development
ALCOHOL & MARIJUANA CONTROL OFFICE
550 West 71" Avenue, Suite 1600
Anchorage, AK 99501
Main: 907.269.0350
License Number:
17758
License Type:
v
Retail Marijuana Store
Licensee:
The Tufted Puffin LLC.
Doing Business As:
THE TUFTED PUFFIN LLC
Physical Address:
216 4th Ave. Unit 2
Seward, AK 99664
Designated Licensee:
Jennifer Wells
Phone Number:
907-947-3349
Email Address:
tuftedpufinllc@gmail.com
® License Renewal Application ❑ Endorsement Renewal Application
AMCO has received a complete renewal application and/or endorsement renewal application for a
marijuana establishment within your jurisdiction. This notice is required under 3 AAC
306,035(c)(2). Application documents will be sent to you separately via ZendTo.
To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and
the applicant with a clear and concise written statement of reasons for the protest within 60 days of the
date of this notice, and provide AMCO proof of service of the protest upon the applicant.
3 AAC 306.060 states that the board will uphold a local government protest and deny an application for
a marijuana establishment license unless the board finds that a protest by a local government is
arbitrary, capricious, and unreasonable. If the protest is a "conditional protest" as defined in 3 AAC
306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the
Marijuana Control Board may approve the license renewal, but require the applicant to show to the
IiNb:
board's satisfaction that the requirements of the local government have been met before the director
issues the license.
At the May 15, 2017, Marijuana Control Board meeting, the board delegated to me the authority to
approve renewal applications with no protests, objections, or notices of violation. However, if a timely
protest or objection is filed for this application, or if any notices of violation have been issued for this
license, the board will consider the application. In those situations, a temporary license will be issued
pending board consideration.
If you have any questions, please email amco.Iota [govern mentonly2alaska.gov,.
Sincerely,
r
Glen Klinkhart, Director
907-269-0350
Alaska Marijuana Control Board
Alcohol and Marijuana Control Office
550 W Th Avenue, Suite 1600
Anchorage, AK 99501
m a riivana.licensi ns(&a laska.zov
httos://www_commerce.a laska.govlvveblamco
Phone: 907,269.0350
Form MJ-20: Renewal Application Certifications
What is this form?
This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person
signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and
3 AAC 306. A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in
the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a).
This form must be completed and submitted to AMCO's main office by each licensee (as defined in
3 AAC 3O6.O2O(b)(2)) before any license renewal application will be considered complete.
i Section '[ Establishment infolrmateon
Enter information forthe licensed establishment, as identified on the license application.
Licensee:
The Tufted Puffin LLC
License Number:
F58
LicenseType:
Retail Store
Doing Business As:
The Tufted Puffin LLC
Premises Address:
26 Fourth Ave. Unit #2
City:
Seward
State:
I AK
I ZIP:
199664
f Y
Section 2 Indrv�dual Infolrmafiion
Enter information forthe individual licensee who is completing this form.
Name: Randy Wells
Title: Member
Sign your initials to the following statement only if you are unable to certifV one or more of the above statements: Initials
I have attached a written explanation for why I cannot certify one or more of the above statements includes
the type of violation or offense, as required under 3 AAC 306.035(b). Li
lop I r
[Form M7-201 (rev 4/19/2022) 108 Page 1 of 2
Alaska Marijuana Control Board
` Form MJ-20: Renewal Application Certifications
Sectlron 4 CertlEtcatltons # iliaiver
Read each line below, and then sign your initials in the box to the right of each statement: Initials
I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a
direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana
establishment license has been issued.
I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit
l
(MJ-20a) along with this application.
I certify thatthis establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I certify that the license is operated in accordance with the operating plan currently approved by the
Marijuana Control Board.
certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and
requirements pertaining to employees.
I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board.
I certify that I understand that providing a false statement on this form, the online application, or any otherform provided
by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued.
Randy Wells
1, hereby waive my confidentiality rights under A5 43.05.230(a) and �
authorize the State of Alaska, Department of Revenue to disclose any and all tax information regarding this marijuana
license to the Alcohol and Marijuana Control Office (AMCO) upon formal request as part of any official investigation as long
as 1 hold, solely, or together with other parties, this marijuana license.
As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and
am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true,
correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and
understand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license.
Si e o icensee Notary Public in and for the State of Alaska
Randy "U11s
Printed name of licensee
Subscribed and sworn to before me this day of y "
My commission expires: A P c '` / a LY, '7 a -2 c)
20 a 1 `��.,y,,...., 5,-
ALAS`:
(Form MJ-201 (rev 4/19/2021) 109 Page 2 of 2
Alaska Marijuana Control Board
Alcohol and Marijuana Control Office
550 W 711' Avenue, Suite 1600
Anchorage, AK 99501
marijUana.licensin:e@alaska.jzov
http.s://www.commerce.olaska.gov/web/amca
Phone: 907.269.0350
Form MJ-20: Renewal Application Certifications
What is this format
This renewal application certifications form is required for all marijuana establishment license renewal applications. Each person
signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and
3 AAC 306, A person other than a licensee may not have direct or indirect financial interest (as defined in 3 AAC 306.015(e)(1)) in
the business for which a marijuana establishment license is issued, per 3 AAC 306.015(a).
This form must be completed and submitted to AMCO's main office by each licensee (as defined in
3 AAC 306.020(b)(2)) before any license renewal application will be considered complete.
Enter information for the licensed establishment, as identified on the license application.
Licensee:
The Tinted Puffin LLC
License Number: 17758
License Type:
Retail Store
Doing Business As:
The Tufted Puffin LLC
Premises Address:
216 Fourth Ave. Unit #2
City:
Seward
state:
I AK
I z1P: 99664
Enter information for the individual licensee who is completingthis form.
Name: Jennifer Wells
Title: Member
V Section 3 Iiolat- "A Charges ,
Read each line below, and then sign your initials in the box to the right of any applicable statements: Initials
I certify that I have not been convicted of any criminal charge in the previous two calendar years.
I certify that I have not committed any civil violation of AS 04, AS 17.38, or 3 AAC 306 in the previous two calendar years.
i
I certify that a notice of violation has not been issued to this license between July 1, 2020 and June 30, 2021.
i
Sign your initials to the following statement only if you are unable.to..certifV one or more of the above statements: Initials
I have attached a written explanation for why I cannot certify one or more of the above statements, which includes
the type of violation or offense, as required under 3 AAC 306.035(b).
[Form MJ-20] (rev 4/19/2021) �� Page 1 of 2
Alaska Marijuana Control hoard
Form MJ-20: Renewal Application Certifications
' �''��F � ,� $ecilion94 �e>rt��ca�rons � Wallrrelr ��
Read each line below, and then sign your initials in the box to the right of each statement: Initials
I certify that no person other than a licensee listed on my marijuana establishment license renewal application has a
direct or indirect financial interest, as defined in 3 AAC 306.015(e)(1), in the business for which the marijuana
establishment license has been issued. s
I certify that I meet the residency requirement under AS 43.23 or I have submitted a residency exception affidavit
(MJ-20a) along with this application.
i
certify that this establishment complies with any applicable health, fire, safety, or tax statute, ordinance, regulation, or
other law in the state.
I
I certify that the license is operated in accordance with the operating plan currently approved by the
Marijuana Control Board.
1
I certify that I am operating in compliance with the Alaska Department of Labor and Workforce Development's laws and
requirements pertaining to employees.,
I certify that I have not violated any restrictions pertaining to this particular license type, and that this license has not been
operated in violation of a condition or restriction imposed by the Marijuana Control Board.
I certify that I understand that providing a false statement on this form, the online application, or any other form provided
by or to AMCO is grounds for rejection or denial of this application or revocation of any license issued.
Jennifer Wells
I, _ hereby waive my confidentiality rights under AS 43.05.230(a) and
authorize the State of Alaska, Department of Revenue to disclose any and all tax information regarding this marijuana
license to the Alcohol and Marijuana Control Office (AMCO) upon formal request as part of any official investigation as long
as I hold, solely, or together with other parties, this marijuana license.
As an applicant for a marijuana establishment license renewal, I declare under penalty of unsworn falsification that I have read and
am familiar with AS 17.38 and 3 AAC 306, and that this application, including all accompanying schedules and statements, is true,
correct, and complete. I agree to provide all information required by the Marijuana Control Board in support of this application and
understand that failure to do so by any deadline given to me by AMCO staff may result in additional fees or expiration of this license.
o r e Notary Public in and forthe State of Alaska
Jen f ells
My commission expires: A F ; ," I 9 V, p7 0 2,,?
Printed name of licensee
4 J,
Subscribed and sworn to before me this $ day of `'` '� r 20
(Form MJ-20] (rev 4/19/2021) Page 2 of 2
License #.
RECEIVED
CITY OF SEWARD, ALASKA
APPLICATION FOR THE OCT 0 1 ZOZI
SEWARD HISTORIC PRESERVATION COMMISSION
OFFICE OF THE
CITY CLERK
NAME:-Dor?'a- _W1 a lker-
STREET ADDRESS: S-2 7 /
MAILING ADDRESS: Fd FJ rn x /Z-/ 4 s,
E-MAIL ADDRESS
HOME TELEPHONE:. �947��6 z- //Qo C9'y7) a Z'Y --5.3 9.6
PRESENTLY EMPLOYED AS: !z�n:,�ervlc
List any special training, education or background such as grant writing, history, architecture, or
archeology, which may help you as a member of the Commission:
Yv/yh�..trr r� i»uSe�i
Have you ever been involved in any aspect of historic preservation? If so, briefly describe your
involvement:
&7
I am specifically interested in serving on the Historic Preservation Commission because:
4�trsar l r7 ?7c��y/P 7- Gl `f&i C, -7e' 1,5-r42J- +(
Have you ever served on a similar commission elsewhere? Yes r No .
If so, where?
If appointed, are you willing to:
And when?
• Do historic research?
ES)
NO
• Work on preparing grant applications?
YES
NO
• Work on writing historic register nominations?
YES
NO
• Attend historic preservation workshops?
NO
��a� ui�✓
�� .moo .- �. �
SIGNATURE DATE
"V:
October 2021 November 2021
October 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
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3 4 5 6 7 8 9 7 8 9 10 11 12 13
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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
7
8
9
ELECTION DAY
(12:00pm PACAB
12:00pm Canvass
7:00pm P&Z Mtg
Board
- Rescheduled
(Regular
M..e.et.i..n...g�
10
11
12
13
14
15
16
..................
6:30pm CC Work
_._._._
6:00pm CC
_
6:00pm CC
Session
Budget Work
Budget Work
(Discuss
Options For
... S.as.s. n
i n
6:15pm HPC Jom
7:00pm CC Mtg
Work Session
7:00pm HPC
(Council
Chambers).
Regular
17
18
19
20
21
22
23
HOLIDAY (Alaska
6:OOpm P&�
12:OOpm PACAB
6.00pm CC
Day)
Work Session
Work Session
Budget Work
(Council
Chambers)
___ Session
Chambers
6:00pm CC
7:00pm P&Z Mtg
Budget Work
(Regular
S i n ._._.
M in
24
25
26
27
28
29
30
7:00pm CC Mtg
6:00pm Tentative)
(Chambers)
CC Budget WS
31
Nov 1
2
3
4
5
6
Council Calendar 1 9/29/2021 10:50 AM
113
November 2021 December 2021
November 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 3 4 5 6 1 2 3 4
7 8 9 10 11 12 13 5 6 7 8 9 10 11
14 15 16 17 18 19 20 12 13 14 15 16 17 18
21 22 23 24 25 26 27 19 20 21 22 23 24 25
28 29 30 26 27 28 29 30 31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Oct 31
Nov 1
2
3
4
5
6
6:00pm P&Z Joint
12:00pm PACAB
6:15pm HPC
Work Session -
Mtn
Work Session
HPC (Council
(Council
C ha m b.aJ_ba....m......b..e...rs_a.._....._....._....._.....
7:00pm P&Z Mtg
7:00pm HPC
(Regular
Regular
Meetin
Meeting
(Council
Ctmm..b.e...0..........................
7
8
9
10
11
12
13
..........
7:00pm CC Mtg
_.
I T—NEO Trainin Online
throucih AML
HOLIDAY
(Council
Chambers)
14
15
16
17
18
19
20
AML Conference in Anchor qe
AAM
nfefence in Anchor
___
6:00pm P&Z
12:00pm PACAB�
_._._........
Work Session
Work Session
(Council
(Chambers)_
Chambers)
21
22
23
24
25
26
27
HOLIDAY
7:00pm CC Mtg I
....... hamb..e.rs)
28
29
30
Dec 1
2
3
4
Council Calendar 2 9/29/2021 10:50 AM
114
December 2021 January 2022
December 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa
1 2 3 4 1
5 6 7 8 91011 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 29
30 31
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Nov 28
29
30
Dec 1
2
3
4
12:00pm PACAB
Mtn
5
6
7
8
9
10
11
7:00pm P&Z Mtg
6:15pm HPC
(Regular
Work Session
Meeting)
(Council
L._ ha.rn b.e...rs_a......................
_._._._..
7:00pm HPC
Regular
Meeting
(Council
.ham r
12
13
14
15
16
17
18
12:00pm PACAB
7:00pm CC Mtg
(Council
Work Session
Chambers)
(Chambers)
19
20
21
22
23
24
25
6:00pm P&Z
12:00pm
HOLIDAY
Work Session
HOLIDAY
(Council
Chambers)
26
27
28
29
30
31
Jan 1, 22
7:00pm CC Mtg
_. 1chambersl_.
Council Calendar 3 9/29/2021 10:50 AM
115